{"id":"qld:sl-2004-0240","name":"Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004","slug":"marine-parks-great-barrier-reef-coast-zoning-plan-2004","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"240 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175862,"registerId":"qld-qld:sl-2004-0240-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis zoning plan may be cited as the Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004 .\nThis zoning plan may also be cited as the Great Barrier Reef Coast Marine Park Zoning Plan.\ns 1 sub 2006 SL No. 224 s 4\n(sec.1-ssec.1) This zoning plan may be cited as the Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004 .\n(sec.1-ssec.2) This zoning plan may also be cited as the Great Barrier Reef Coast Marine Park Zoning Plan.","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Application","content":"### sec.2 Application\n\nThis plan applies to the GBR Coast Marine Park.","sortOrder":3},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Interpretation generally","content":"## Interpretation generally","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Interpretation of terms generally","content":"### sec.3 Interpretation of terms generally\n\nThe dictionary in schedule 11 defines particular terms used in this plan.\nSubject to subsection (1) , and unless this plan provides otherwise, words used in this plan have the same meaning they have in the Commonwealth Zoning Plan .\nHowever, for applying the Commonwealth Zoning Plan under subsection (2) —\na reference to the Marine Park is taken to be a reference to the GBR Coast Marine Park; and\na reference to the Great Barrier Reef Region is taken to be a reference to the GBR Coast Marine Park; and\na reference to the Authority is taken to be a reference to the chief executive; and\na reference to a permission is taken to be a reference to a permission granted under the Regulation , part 3 ; and\na reference to being accredited by the Authority in accordance with the Regulations is taken to be a reference to being accredited by the chief executive under the Regulation or this plan; and\na reference to an accredited educational or research institution is taken to be a reference to an educational or research institution accredited by the chief executive under the Regulation .\ns 3 amd 2006 SL No. 224 s 5\n(sec.3-ssec.1) The dictionary in schedule 11 defines particular terms used in this plan.\n(sec.3-ssec.2) Subject to subsection (1) , and unless this plan provides otherwise, words used in this plan have the same meaning they have in the Commonwealth Zoning Plan .\n(sec.3-ssec.3) However, for applying the Commonwealth Zoning Plan under subsection (2) — a reference to the Marine Park is taken to be a reference to the GBR Coast Marine Park; and a reference to the Great Barrier Reef Region is taken to be a reference to the GBR Coast Marine Park; and a reference to the Authority is taken to be a reference to the chief executive; and a reference to a permission is taken to be a reference to a permission granted under the Regulation , part 3 ; and a reference to being accredited by the Authority in accordance with the Regulations is taken to be a reference to being accredited by the chief executive under the Regulation or this plan; and a reference to an accredited educational or research institution is taken to be a reference to an educational or research institution accredited by the chief executive under the Regulation .\n- (a) a reference to the Marine Park is taken to be a reference to the GBR Coast Marine Park; and\n- (b) a reference to the Great Barrier Reef Region is taken to be a reference to the GBR Coast Marine Park; and\n- (c) a reference to the Authority is taken to be a reference to the chief executive; and\n- (d) a reference to a permission is taken to be a reference to a permission granted under the Regulation , part 3 ; and\n- (e) a reference to being accredited by the Authority in accordance with the Regulations is taken to be a reference to being accredited by the chief executive under the Regulation or this plan; and\n- (f) a reference to an accredited educational or research institution is taken to be a reference to an educational or research institution accredited by the chief executive under the Regulation .","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Applying Commonwealth purposes to marine park","content":"### sec.4 Applying Commonwealth purposes to marine park\n\nThis section applies if a provision of this plan—\nstates that a person may enter or use an area within a zone or designated area without permission for a permitted purpose for the zone or designated area; or\nprovides that the chief executive may grant a permission to a person to enter or use an area within a zone or designated area for a permissible purpose for the zone or designated area.\nFor applying a provision of the Commonwealth Zoning Plan relating to the permitted or permissible purpose—\na reference to the Marine Park is taken to be a reference to the GBR Coast Marine Park; and\na reference to a zone of a particular class is taken to be a reference to a zone of the same class within the GBR Coast Marine Park; and\na reference to a designated area of a particular type is taken to be a reference to a designated area of the same type within the GBR Coast Marine Park; and\na reference to the Authority is taken to be a reference to the chief executive; and\na reference to a permission is taken to be a reference to a permission granted under the Regulation , part 3 ; and\nwords are taken to have the same meaning they have in the Commonwealth Zoning Plan subject to applying the Commonwealth Zoning Plan in the way mentioned in section 3 (3) ; and\na reference to an objective for a Commonwealth zone is taken to be a reference to the object to be achieved, under this plan for the zone of the same class within the GBR Coast Marine Park; and\na reference to an accredited activity, agreement, entity or other thing is taken to be a reference to an activity, agreement, entity or other thing of the same type accredited by the chief executive under the Regulation or this plan; and\na reference to the requirements prescribed in the Regulations relating to the operation of a traditional use of marine resources agreement is taken to be a reference to the requirements stated in this plan relating to the operation of traditional use of marine resources agreements; and\na reference to a plan of management is taken to be a reference to—\na plan prepared under the Commonwealth Act , section 39ZD ; or\na management plan approved under part 3 , division 2 of the Act .\ns 4 amd 2006 SL No. 224 s 6 ; 2016 SL No. 12 s 3\n(sec.4-ssec.1) This section applies if a provision of this plan— states that a person may enter or use an area within a zone or designated area without permission for a permitted purpose for the zone or designated area; or provides that the chief executive may grant a permission to a person to enter or use an area within a zone or designated area for a permissible purpose for the zone or designated area.\n(sec.4-ssec.2) For applying a provision of the Commonwealth Zoning Plan relating to the permitted or permissible purpose— a reference to the Marine Park is taken to be a reference to the GBR Coast Marine Park; and a reference to a zone of a particular class is taken to be a reference to a zone of the same class within the GBR Coast Marine Park; and a reference to a designated area of a particular type is taken to be a reference to a designated area of the same type within the GBR Coast Marine Park; and a reference to the Authority is taken to be a reference to the chief executive; and a reference to a permission is taken to be a reference to a permission granted under the Regulation , part 3 ; and words are taken to have the same meaning they have in the Commonwealth Zoning Plan subject to applying the Commonwealth Zoning Plan in the way mentioned in section 3 (3) ; and a reference to an objective for a Commonwealth zone is taken to be a reference to the object to be achieved, under this plan for the zone of the same class within the GBR Coast Marine Park; and a reference to an accredited activity, agreement, entity or other thing is taken to be a reference to an activity, agreement, entity or other thing of the same type accredited by the chief executive under the Regulation or this plan; and a reference to the requirements prescribed in the Regulations relating to the operation of a traditional use of marine resources agreement is taken to be a reference to the requirements stated in this plan relating to the operation of traditional use of marine resources agreements; and a reference to a plan of management is taken to be a reference to— a plan prepared under the Commonwealth Act , section 39ZD ; or a management plan approved under part 3 , division 2 of the Act .\n- (a) states that a person may enter or use an area within a zone or designated area without permission for a permitted purpose for the zone or designated area; or\n- (b) provides that the chief executive may grant a permission to a person to enter or use an area within a zone or designated area for a permissible purpose for the zone or designated area.\n- (a) a reference to the Marine Park is taken to be a reference to the GBR Coast Marine Park; and\n- (b) a reference to a zone of a particular class is taken to be a reference to a zone of the same class within the GBR Coast Marine Park; and\n- (c) a reference to a designated area of a particular type is taken to be a reference to a designated area of the same type within the GBR Coast Marine Park; and\n- (d) a reference to the Authority is taken to be a reference to the chief executive; and\n- (e) a reference to a permission is taken to be a reference to a permission granted under the Regulation , part 3 ; and\n- (f) words are taken to have the same meaning they have in the Commonwealth Zoning Plan subject to applying the Commonwealth Zoning Plan in the way mentioned in section 3 (3) ; and\n- (g) a reference to an objective for a Commonwealth zone is taken to be a reference to the object to be achieved, under this plan for the zone of the same class within the GBR Coast Marine Park; and\n- (h) a reference to an accredited activity, agreement, entity or other thing is taken to be a reference to an activity, agreement, entity or other thing of the same type accredited by the chief executive under the Regulation or this plan; and\n- (i) a reference to the requirements prescribed in the Regulations relating to the operation of a traditional use of marine resources agreement is taken to be a reference to the requirements stated in this plan relating to the operation of traditional use of marine resources agreements; and\n- (j) a reference to a plan of management is taken to be a reference to— (i) a plan prepared under the Commonwealth Act , section 39ZD ; or (ii) a management plan approved under part 3 , division 2 of the Act .\n- (i) a plan prepared under the Commonwealth Act , section 39ZD ; or\n- (ii) a management plan approved under part 3 , division 2 of the Act .\n- (i) a plan prepared under the Commonwealth Act , section 39ZD ; or\n- (ii) a management plan approved under part 3 , division 2 of the Act .","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"References to H.A.T., high water etc.","content":"### sec.5 References to H.A.T., high water etc.\n\nA reference in this plan to the mainland, an island or another natural feature at H.A.T., high water, L.A.T., or low water is a reference to the line that represents H.A.T., high water, L.A.T., or low water adjacent to the mainland, the island or the natural feature.\nbay, creek, inlet, river, rock\nA reference to the bank of a creek, inlet or river is a reference to the line that—\nruns along the outer limit of the defined channel of the creek, inlet or river; and\nfollows the upper limit of the land in the channel that is covered by the waters of the creek, inlet or river—\nfor a reference to the bank at H.A.T.—at H.A.T.; or\nfor a reference to the bank at high water—at high water; or\nfor a reference to the bank at L.A.T.—at L.A.T.; or\nfor a reference to the bank at low water—at low water.\nIn this section—\nthe mainland includes a part of the mainland.\n(sec.5-ssec.1) A reference in this plan to the mainland, an island or another natural feature at H.A.T., high water, L.A.T., or low water is a reference to the line that represents H.A.T., high water, L.A.T., or low water adjacent to the mainland, the island or the natural feature. bay, creek, inlet, river, rock\n(sec.5-ssec.2) A reference to the bank of a creek, inlet or river is a reference to the line that— runs along the outer limit of the defined channel of the creek, inlet or river; and follows the upper limit of the land in the channel that is covered by the waters of the creek, inlet or river— for a reference to the bank at H.A.T.—at H.A.T.; or for a reference to the bank at high water—at high water; or for a reference to the bank at L.A.T.—at L.A.T.; or for a reference to the bank at low water—at low water.\n(sec.5-ssec.3) In this section— the mainland includes a part of the mainland.\n- (a) runs along the outer limit of the defined channel of the creek, inlet or river; and\n- (b) follows the upper limit of the land in the channel that is covered by the waters of the creek, inlet or river— (i) for a reference to the bank at H.A.T.—at H.A.T.; or (ii) for a reference to the bank at high water—at high water; or (iii) for a reference to the bank at L.A.T.—at L.A.T.; or (iv) for a reference to the bank at low water—at low water.\n- (i) for a reference to the bank at H.A.T.—at H.A.T.; or\n- (ii) for a reference to the bank at high water—at high water; or\n- (iii) for a reference to the bank at L.A.T.—at L.A.T.; or\n- (iv) for a reference to the bank at low water—at low water.\n- (i) for a reference to the bank at H.A.T.—at H.A.T.; or\n- (ii) for a reference to the bank at high water—at high water; or\n- (iii) for a reference to the bank at L.A.T.—at L.A.T.; or\n- (iv) for a reference to the bank at low water—at low water.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"References to relevant mangrove line","content":"### sec.6 References to relevant mangrove line\n\nThis section applies if schedule 2 , 3 , 4 , 5 or 6 states that a boundary of an area runs along the relevant mangrove line.\nThe relevant mangrove line is the mangrove line for the mangrove forest that is between—\nthe point at which the boundary of the area starts to run along the mangrove line; and\nthe point at which the boundary of the area stops running along the mangrove line.\nFor subsection (2) , the mangrove forest is taken to be a continuous forest between the 2 points mentioned in the subsection even if there is a gap in the forest.\n(sec.6-ssec.1) This section applies if schedule 2 , 3 , 4 , 5 or 6 states that a boundary of an area runs along the relevant mangrove line.\n(sec.6-ssec.2) The relevant mangrove line is the mangrove line for the mangrove forest that is between— the point at which the boundary of the area starts to run along the mangrove line; and the point at which the boundary of the area stops running along the mangrove line.\n(sec.6-ssec.3) For subsection (2) , the mangrove forest is taken to be a continuous forest between the 2 points mentioned in the subsection even if there is a gap in the forest.\n- (a) the point at which the boundary of the area starts to run along the mangrove line; and\n- (b) the point at which the boundary of the area stops running along the mangrove line.","sortOrder":8},{"sectionNumber":"sec.6A","sectionType":"section","heading":"References to particular bodies of water","content":"### sec.6A References to particular bodies of water\n\nA reference to a bay, creek, harbour, river or similar body of water in schedule 2 , 3 , 4 , 5 , 6 or 7 is a reference to all the tidal waters and tidal land in the bay, creek, harbour, river or body of water that is within the marine park, and includes the tidal land and tidal waters of a tributary of the bay, creek, harbour, river or body of water.\ns 6A ins 2006 SL No. 224 s 7","sortOrder":9},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"Working out particular areas","content":"## Working out particular areas","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Purpose of div 3","content":"### sec.7 Purpose of div 3\n\nThis division states the method for working out an area within a zone or a designated area of the marine park that must be worked out by extending a Commonwealth area that is at the State at low water to the landward boundary of the marine park.","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Rule for working out areas extending Commonwealth areas to the mainland","content":"### sec.8 Rule for working out areas extending Commonwealth areas to the mainland\n\nThis section applies to an area that is to be worked out by extending a Commonwealth area that is at the mainland at low water to the landward boundary of the marine park.\nThe area must be worked out by extending, in the way mentioned in section 10 , the relevant boundaries of the Commonwealth area from the landward boundary of the area to the landward boundary of the marine park.\n(sec.8-ssec.1) This section applies to an area that is to be worked out by extending a Commonwealth area that is at the mainland at low water to the landward boundary of the marine park.\n(sec.8-ssec.2) The area must be worked out by extending, in the way mentioned in section 10 , the relevant boundaries of the Commonwealth area from the landward boundary of the area to the landward boundary of the marine park.","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Rules for working out areas extending Commonwealth areas to an island","content":"### sec.9 Rules for working out areas extending Commonwealth areas to an island\n\nThis section applies to an area that is to be worked out by extending a Commonwealth area that is at an island at low water to the landward boundary of the marine park.\nIf the whole of the island at low water adjoins the same Commonwealth area, the area must be worked out by extending the landward boundary of the Commonwealth area to the landward boundary of the marine park.\nIf the island at low water adjoins 2 or more Commonwealth areas, the areas adjoining the island must be worked out by extending, in the way mentioned in section 10 , the relevant boundaries of the Commonwealth areas from the landward boundary of the areas to the landward boundary of the marine park.\n(sec.9-ssec.1) This section applies to an area that is to be worked out by extending a Commonwealth area that is at an island at low water to the landward boundary of the marine park.\n(sec.9-ssec.2) If the whole of the island at low water adjoins the same Commonwealth area, the area must be worked out by extending the landward boundary of the Commonwealth area to the landward boundary of the marine park.\n(sec.9-ssec.3) If the island at low water adjoins 2 or more Commonwealth areas, the areas adjoining the island must be worked out by extending, in the way mentioned in section 10 , the relevant boundaries of the Commonwealth areas from the landward boundary of the areas to the landward boundary of the marine park.","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"How relevant boundaries are to be extended","content":"### sec.10 How relevant boundaries are to be extended\n\nThis section states the way a relevant boundary of a Commonwealth area must be extended to the landward boundary of the marine park under section 8 or section 9 (3) .\nIf the relevant boundary is a headland boundary, the relevant boundary must be extended to the landward boundary of the marine park by joining, in a straight line, the intersection point for the relevant boundary to the closest point on the landward boundary of the marine park.\nIf the relevant boundary is not a headland boundary, the relevant boundary must be extended to the landward boundary of the marine park in a straight line at the angle at which the relevant boundary meets the landward boundary of the area.\nIn this section—\nheadland boundary means a relevant boundary of a Commonwealth area that—\nmeets the landward boundary of the Commonwealth area at or near a headland; and\nwill not, if it is extended in a straight line at the angle at which the relevant boundary meets the landward boundary, meet the landward boundary of the marine park on the headland.\nThe eastern relevant boundary of the Commonwealth area that adjoins Nara Inlet at low water is a headland boundary because—\nthe relevant boundary meets the landward boundary of the Commonwealth area immediately south of a headland on the eastern side of the entrance to Nara Inlet; and\nif the relevant boundary is extended in a straight line at the angle at which the relevant boundary meets the landward boundary of the Commonwealth area, the relevant boundary will not meet the landward boundary of the marine park on the headland on the eastern side of the entrance to Nara Inlet.\nintersection point , for a relevant boundary of a Commonwealth area, means the point where the relevant boundary meets the landward boundary of the area.\n(sec.10-ssec.1) This section states the way a relevant boundary of a Commonwealth area must be extended to the landward boundary of the marine park under section 8 or section 9 (3) .\n(sec.10-ssec.2) If the relevant boundary is a headland boundary, the relevant boundary must be extended to the landward boundary of the marine park by joining, in a straight line, the intersection point for the relevant boundary to the closest point on the landward boundary of the marine park.\n(sec.10-ssec.3) If the relevant boundary is not a headland boundary, the relevant boundary must be extended to the landward boundary of the marine park in a straight line at the angle at which the relevant boundary meets the landward boundary of the area.\n(sec.10-ssec.4) In this section— headland boundary means a relevant boundary of a Commonwealth area that— meets the landward boundary of the Commonwealth area at or near a headland; and will not, if it is extended in a straight line at the angle at which the relevant boundary meets the landward boundary, meet the landward boundary of the marine park on the headland. The eastern relevant boundary of the Commonwealth area that adjoins Nara Inlet at low water is a headland boundary because— the relevant boundary meets the landward boundary of the Commonwealth area immediately south of a headland on the eastern side of the entrance to Nara Inlet; and if the relevant boundary is extended in a straight line at the angle at which the relevant boundary meets the landward boundary of the Commonwealth area, the relevant boundary will not meet the landward boundary of the marine park on the headland on the eastern side of the entrance to Nara Inlet. intersection point , for a relevant boundary of a Commonwealth area, means the point where the relevant boundary meets the landward boundary of the area.\n- (a) meets the landward boundary of the Commonwealth area at or near a headland; and\n- (b) will not, if it is extended in a straight line at the angle at which the relevant boundary meets the landward boundary, meet the landward boundary of the marine park on the headland.\n- (a) the relevant boundary meets the landward boundary of the Commonwealth area immediately south of a headland on the eastern side of the entrance to Nara Inlet; and\n- (b) if the relevant boundary is extended in a straight line at the angle at which the relevant boundary meets the landward boundary of the Commonwealth area, the relevant boundary will not meet the landward boundary of the marine park on the headland on the eastern side of the entrance to Nara Inlet.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Area that is within the zone or designated area worked out under this division","content":"### sec.11 Area that is within the zone or designated area worked out under this division\n\nThis section states the area that is within the zone or designated area of the marine park worked out under section 8 or 9 .\nThe area that is within the zone or designated area is—\nfor an area worked out under section 8 or section 9 (3) —the area that is formed by the following lines—\nthe line that runs along the landward boundary of the Commonwealth area;\nthe lines that extend the relevant boundaries of the relevant Commonwealth area to the landward boundary of the marine park;\nthe line that runs along the landward boundary of the marine park; or\nfor an area worked out under section 9 (2) —the area that is between the landward boundary of the Commonwealth area and the landward boundary of the marine park.\n(sec.11-ssec.1) This section states the area that is within the zone or designated area of the marine park worked out under section 8 or 9 .\n(sec.11-ssec.2) The area that is within the zone or designated area is— for an area worked out under section 8 or section 9 (3) —the area that is formed by the following lines— the line that runs along the landward boundary of the Commonwealth area; the lines that extend the relevant boundaries of the relevant Commonwealth area to the landward boundary of the marine park; the line that runs along the landward boundary of the marine park; or for an area worked out under section 9 (2) —the area that is between the landward boundary of the Commonwealth area and the landward boundary of the marine park.\n- (a) for an area worked out under section 8 or section 9 (3) —the area that is formed by the following lines— (i) the line that runs along the landward boundary of the Commonwealth area; (ii) the lines that extend the relevant boundaries of the relevant Commonwealth area to the landward boundary of the marine park; (iii) the line that runs along the landward boundary of the marine park; or\n- (i) the line that runs along the landward boundary of the Commonwealth area;\n- (ii) the lines that extend the relevant boundaries of the relevant Commonwealth area to the landward boundary of the marine park;\n- (iii) the line that runs along the landward boundary of the marine park; or\n- (b) for an area worked out under section 9 (2) —the area that is between the landward boundary of the Commonwealth area and the landward boundary of the marine park.\n- (i) the line that runs along the landward boundary of the Commonwealth area;\n- (ii) the lines that extend the relevant boundaries of the relevant Commonwealth area to the landward boundary of the marine park;\n- (iii) the line that runs along the landward boundary of the marine park; or","sortOrder":15},{"sectionNumber":"pt.1-div.4","sectionType":"division","heading":"Working out particular lines","content":"## Working out particular lines","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Working out lines by reference to 2 points","content":"### sec.12 Working out lines by reference to 2 points\n\nThis section states the method for working out a line mentioned in this plan if the line must be worked out by reference to 2 points.\nIf both points are on the landward boundary of the marine park (each a boundary point ), the line is the line that runs along a geodesic between the 2 boundary points.\nIf 1 point is on the landward boundary of the marine park (the boundary point ) and the other point is either landward or seaward of the landward boundary of the marine park (the non-boundary point ), the line is the line that runs along a geodesic between the following points—\nthe boundary point;\nthe point where the geodesic that passes through the boundary point and the non-boundary point intersects the landward boundary of the marine park.\nIf 1 point is landward of the landward boundary of the marine park (the starting point ) and the other point is either landward or seaward of the landward boundary of the marine park (the ending point ), the line is the line that runs along a geodesic between the following points—\nthe point where the geodesic that passes through the starting point and ending point intersects the landward boundary of the marine park near the starting point;\nthe point where the geodesic that passes through the starting point and ending point intersects the landward boundary near the ending point.\nIf both points are seaward of the landward boundary of the marine park (each a seaward point ), the line is the line that runs along a geodesic between the following points—\nthe point where the geodesic that passes through the 2 seaward points intersects the landward boundary of the marine park near 1 of the seaward points;\nthe point where the geodesic that passes through the 2 points intersects the landward boundary of the marine park near the other seaward point.\n(sec.12-ssec.1) This section states the method for working out a line mentioned in this plan if the line must be worked out by reference to 2 points.\n(sec.12-ssec.2) If both points are on the landward boundary of the marine park (each a boundary point ), the line is the line that runs along a geodesic between the 2 boundary points.\n(sec.12-ssec.3) If 1 point is on the landward boundary of the marine park (the boundary point ) and the other point is either landward or seaward of the landward boundary of the marine park (the non-boundary point ), the line is the line that runs along a geodesic between the following points— the boundary point; the point where the geodesic that passes through the boundary point and the non-boundary point intersects the landward boundary of the marine park.\n(sec.12-ssec.4) If 1 point is landward of the landward boundary of the marine park (the starting point ) and the other point is either landward or seaward of the landward boundary of the marine park (the ending point ), the line is the line that runs along a geodesic between the following points— the point where the geodesic that passes through the starting point and ending point intersects the landward boundary of the marine park near the starting point; the point where the geodesic that passes through the starting point and ending point intersects the landward boundary near the ending point.\n(sec.12-ssec.5) If both points are seaward of the landward boundary of the marine park (each a seaward point ), the line is the line that runs along a geodesic between the following points— the point where the geodesic that passes through the 2 seaward points intersects the landward boundary of the marine park near 1 of the seaward points; the point where the geodesic that passes through the 2 points intersects the landward boundary of the marine park near the other seaward point.\n- (a) the boundary point;\n- (b) the point where the geodesic that passes through the boundary point and the non-boundary point intersects the landward boundary of the marine park.\n- (a) the point where the geodesic that passes through the starting point and ending point intersects the landward boundary of the marine park near the starting point;\n- (b) the point where the geodesic that passes through the starting point and ending point intersects the landward boundary near the ending point.\n- (a) the point where the geodesic that passes through the 2 seaward points intersects the landward boundary of the marine park near 1 of the seaward points;\n- (b) the point where the geodesic that passes through the 2 points intersects the landward boundary of the marine park near the other seaward point.","sortOrder":17},{"sectionNumber":"pt.1-div.5","sectionType":"division","heading":"Other aids to interpretation","content":"## Other aids to interpretation","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"References to latitudes and longitudes","content":"### sec.13 References to latitudes and longitudes\n\nThe latitudes and longitudes used to describe an area mentioned in this plan are worked out using the Geocentric Datum of Australia 1994, commonly called ‘GDA94’, notified in the Commonwealth Government Gazette No. GN 35 on 6 September 1995, at page 3369.","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"Significance of particular sequences of letters or numbers","content":"### sec.14 Significance of particular sequences of letters or numbers\n\nThe sequence of letters and numbers starting with the letters ‘QI’ and preceding a name of an area described in schedule 2 , 3 , 4 , 5 , 6 or 7 is the unique identifier given under this plan to identify the area.\nThe bracketed sequence of letters or numbers, or letters and numbers, that follows a reference to a cay, island, reef or rock mentioned in this plan is included to provide additional information for identifying the cay, island, reef or rock.\n(sec.14-ssec.1) The sequence of letters and numbers starting with the letters ‘QI’ and preceding a name of an area described in schedule 2 , 3 , 4 , 5 , 6 or 7 is the unique identifier given under this plan to identify the area.\n(sec.14-ssec.2) The bracketed sequence of letters or numbers, or letters and numbers, that follows a reference to a cay, island, reef or rock mentioned in this plan is included to provide additional information for identifying the cay, island, reef or rock.","sortOrder":20},{"sectionNumber":"pt.2","sectionType":"part","heading":"Zones","content":"# Zones","sortOrder":21},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":22},{"sectionNumber":"sec.15","sectionType":"section","heading":"Relationship between pt 2 and pts 3 and 4","content":"### sec.15 Relationship between pt 2 and pts 3 and 4\n\nThis part is subject to parts 3 and 4 .","sortOrder":23},{"sectionNumber":"sec.16","sectionType":"section","heading":"Zones generally","content":"### sec.16 Zones generally\n\nThe marine park consists of the following zones—\ngeneral use zone;\nhabitat protection zone;\nestuarine conservation zone;\nconservation park zone;\nbuffer zone;\nscientific research zone;\nmarine national park zone;\npreservation zone.\nThe areas of the marine park that are within each zone are described in schedule 1 .\nMaps showing the approximate locations of the zones may be inspected at the department’s offices during office hours on business days.\nThe classes of zones mentioned in subsection (1) are listed in ascending order of the level of protection given to them under this plan.\n(sec.16-ssec.1) The marine park consists of the following zones— general use zone; habitat protection zone; estuarine conservation zone; conservation park zone; buffer zone; scientific research zone; marine national park zone; preservation zone.\n(sec.16-ssec.2) The areas of the marine park that are within each zone are described in schedule 1 .\n(sec.16-ssec.3) Maps showing the approximate locations of the zones may be inspected at the department’s offices during office hours on business days.\n(sec.16-ssec.4) The classes of zones mentioned in subsection (1) are listed in ascending order of the level of protection given to them under this plan.\n- (a) general use zone;\n- (b) habitat protection zone;\n- (c) estuarine conservation zone;\n- (d) conservation park zone;\n- (e) buffer zone;\n- (f) scientific research zone;\n- (g) marine national park zone;\n- (h) preservation zone.","sortOrder":24},{"sectionNumber":"sec.17","sectionType":"section","heading":"Applicable zone for part of marine park within 2 or more zones","content":"### sec.17 Applicable zone for part of marine park within 2 or more zones\n\nThis section applies if, having regard to schedule 1 , any part of the marine park falls within 2 or more zones.\nThe part is taken to fall within the zone that is given the highest level of protection under this plan.\n(sec.17-ssec.1) This section applies if, having regard to schedule 1 , any part of the marine park falls within 2 or more zones.\n(sec.17-ssec.2) The part is taken to fall within the zone that is given the highest level of protection under this plan.","sortOrder":25},{"sectionNumber":"sec.17A","sectionType":"section","heading":"Objects for zones","content":"### sec.17A Objects for zones\n\nThe objects to be achieved for each zone mentioned in section 16 (1) are stated in the Regulation , schedule 1 .\ns 17A ins 2006 SL No. 224 s 8","sortOrder":26},{"sectionNumber":"sec.18","sectionType":"section","heading":null,"content":"### Section sec.18\n\ns 18 om 2006 SL No. 224 s 9","sortOrder":27},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"General use zone","content":"## General use zone","sortOrder":28},{"sectionNumber":"sec.19","sectionType":"section","heading":"Entry or use without permission","content":"### sec.19 Entry or use without permission\n\nA person may enter or use an area within the general use zone without permission for the following purposes—\na purpose for which the Commonwealth general use zone may be used or entered without permission of, or notification to, the Marine Park Authority;\nSee the Commonwealth Zoning Plan , sections 2 .2.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation , regulation 69 (Entry to zones for purpose of taking certain protected species).\nbait gathering;\noyster gathering.\ns 19 amd 2005 SL No. 12 s 3\n- (a) a purpose for which the Commonwealth general use zone may be used or entered without permission of, or notification to, the Marine Park Authority; Note— See the Commonwealth Zoning Plan , sections 2 .2.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation , regulation 69 (Entry to zones for purpose of taking certain protected species).\n- (b) bait gathering;\n- (c) oyster gathering.","sortOrder":29},{"sectionNumber":"sec.20","sectionType":"section","heading":"Entry or use with permission","content":"### sec.20 Entry or use with permission\n\nThe chief executive may grant a permission to a person for an area within the general use zone only for a relevant purpose.\nIn this section—\nrelevant purpose means each of the following—\na purpose for which the Commonwealth general use zone may be used or entered with written permission of the Marine Park Authority;\nSee the Commonwealth Zoning Plan , section 2 .2.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 37 (General Use Zone—activities).\nfor an area that is within the prescribed exploration area—\nexploration of, or mining for, minerals by a holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining; or\nexploration or extraction of petroleum by a holder of a lease, licence, permit or other authority under the Petroleum Act 1923 that authorises the exploration or extraction.\n(sec.20-ssec.1) The chief executive may grant a permission to a person for an area within the general use zone only for a relevant purpose.\n(sec.20-ssec.2) In this section— relevant purpose means each of the following— a purpose for which the Commonwealth general use zone may be used or entered with written permission of the Marine Park Authority; See the Commonwealth Zoning Plan , section 2 .2.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 37 (General Use Zone—activities). for an area that is within the prescribed exploration area— exploration of, or mining for, minerals by a holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining; or exploration or extraction of petroleum by a holder of a lease, licence, permit or other authority under the Petroleum Act 1923 that authorises the exploration or extraction.\n- (a) a purpose for which the Commonwealth general use zone may be used or entered with written permission of the Marine Park Authority; Note— See the Commonwealth Zoning Plan , section 2 .2.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 37 (General Use Zone—activities).\n- (b) for an area that is within the prescribed exploration area— (i) exploration of, or mining for, minerals by a holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining; or (ii) exploration or extraction of petroleum by a holder of a lease, licence, permit or other authority under the Petroleum Act 1923 that authorises the exploration or extraction.\n- (i) exploration of, or mining for, minerals by a holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining; or\n- (ii) exploration or extraction of petroleum by a holder of a lease, licence, permit or other authority under the Petroleum Act 1923 that authorises the exploration or extraction.\n- (i) exploration of, or mining for, minerals by a holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining; or\n- (ii) exploration or extraction of petroleum by a holder of a lease, licence, permit or other authority under the Petroleum Act 1923 that authorises the exploration or extraction.","sortOrder":30},{"sectionNumber":"sec.21","sectionType":"section","heading":null,"content":"### Section sec.21\n\ns 21 om 2006 SL No. 224 s 9","sortOrder":31},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Habitat protection zone","content":"## Habitat protection zone","sortOrder":32},{"sectionNumber":"sec.22","sectionType":"section","heading":"Entry or use without permission","content":"### sec.22 Entry or use without permission\n\nA person may enter or use an area within the habitat protection zone without permission for the following purposes—\na purpose for which the Commonwealth habitat protection zone may be used or entered without permission of, or notification to, the Marine Park Authority;\nSee the Commonwealth Zoning Plan , section 2 .3.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation , regulation 69 (Entry to zones for purpose of taking certain protected species).\nbait gathering;\noyster gathering.\nAlso, the holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 may enter or use The Narrows, without permission, for exploration of, or mining for, minerals if—\nthe exploration or mining is authorised under the lease, licence, permit or authority; and\nthe holder complies with any directions given by the chief executive in relation to the entering or use.\nIn this section—\nThe Narrows means the area within the Mackay/Capricorn Management area that is described in schedule 3 , section 2 .\ns 22 amd 2005 SL No. 12 s 4\n(sec.22-ssec.1) A person may enter or use an area within the habitat protection zone without permission for the following purposes— a purpose for which the Commonwealth habitat protection zone may be used or entered without permission of, or notification to, the Marine Park Authority; See the Commonwealth Zoning Plan , section 2 .3.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation , regulation 69 (Entry to zones for purpose of taking certain protected species). bait gathering; oyster gathering.\n(sec.22-ssec.2) Also, the holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 may enter or use The Narrows, without permission, for exploration of, or mining for, minerals if— the exploration or mining is authorised under the lease, licence, permit or authority; and the holder complies with any directions given by the chief executive in relation to the entering or use.\n(sec.22-ssec.3) In this section— The Narrows means the area within the Mackay/Capricorn Management area that is described in schedule 3 , section 2 .\n- (a) a purpose for which the Commonwealth habitat protection zone may be used or entered without permission of, or notification to, the Marine Park Authority; Note— See the Commonwealth Zoning Plan , section 2 .3.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation , regulation 69 (Entry to zones for purpose of taking certain protected species).\n- (b) bait gathering;\n- (c) oyster gathering.\n- (a) the exploration or mining is authorised under the lease, licence, permit or authority; and\n- (b) the holder complies with any directions given by the chief executive in relation to the entering or use.","sortOrder":33},{"sectionNumber":"sec.23","sectionType":"section","heading":"Entry or use with permission","content":"### sec.23 Entry or use with permission\n\nThe chief executive may grant a permission to a person for an area within the habitat protection zone only for a relevant purpose.\nIn this section—\nrelevant purpose means each of the following—\na purpose for which the Commonwealth habitat protection zone may be used or entered with written permission of the Marine Park Authority;\nSee the Commonwealth Zoning Plan , sections 2 .3.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 38 (Habitat Protection Zone—activities).\nfor an area that is within the prescribed exploration area—\nexploration of, or mining for, minerals by a holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining; or\nexploration or extraction of petroleum by a holder of a lease, licence, permit or other authority under the Petroleum Act 1923 that authorises the exploration or extraction.\n(sec.23-ssec.1) The chief executive may grant a permission to a person for an area within the habitat protection zone only for a relevant purpose.\n(sec.23-ssec.2) In this section— relevant purpose means each of the following— a purpose for which the Commonwealth habitat protection zone may be used or entered with written permission of the Marine Park Authority; See the Commonwealth Zoning Plan , sections 2 .3.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 38 (Habitat Protection Zone—activities). for an area that is within the prescribed exploration area— exploration of, or mining for, minerals by a holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining; or exploration or extraction of petroleum by a holder of a lease, licence, permit or other authority under the Petroleum Act 1923 that authorises the exploration or extraction.\n- (a) a purpose for which the Commonwealth habitat protection zone may be used or entered with written permission of the Marine Park Authority; Note— See the Commonwealth Zoning Plan , sections 2 .3.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 38 (Habitat Protection Zone—activities).\n- (b) for an area that is within the prescribed exploration area— (i) exploration of, or mining for, minerals by a holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining; or (ii) exploration or extraction of petroleum by a holder of a lease, licence, permit or other authority under the Petroleum Act 1923 that authorises the exploration or extraction.\n- (i) exploration of, or mining for, minerals by a holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining; or\n- (ii) exploration or extraction of petroleum by a holder of a lease, licence, permit or other authority under the Petroleum Act 1923 that authorises the exploration or extraction.\n- (i) exploration of, or mining for, minerals by a holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining; or\n- (ii) exploration or extraction of petroleum by a holder of a lease, licence, permit or other authority under the Petroleum Act 1923 that authorises the exploration or extraction.","sortOrder":34},{"sectionNumber":"sec.24","sectionType":"section","heading":null,"content":"### Section sec.24\n\ns 24 om 2006 SL No. 224 s 9","sortOrder":35},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Estuarine conservation zone","content":"## Estuarine conservation zone","sortOrder":36},{"sectionNumber":"sec.25","sectionType":"section","heading":"Entry or use without permission","content":"### sec.25 Entry or use without permission\n\nA person may enter or use an area within the estuarine conservation zone without permission for the following purposes—\nto carry out a low impact activity that does not involve the taking of a plant, animal or marine product in the area;\nto carry out any of the following fishing activities—\nbait gathering;\nlimited collecting;\nlimited spearfishing;\nline fishing;\nnetting, including bait netting;\noyster gathering;\ntaking a plant, animal or marine product under an accredited harvest fishery and in compliance with any requirements that apply to the taking under the Fisheries Act 1994 or the accreditation;\ntrapping;\ntrolling;\na traditional use of marine resources that is carried out in a way that is consistent with an accredited traditional use of marine resources agreement, including, in particular, any conditions or requirements relating to the agreement;\nto carry out photography, filming or sound recording;\nto carry out limited impact research (extractive) or limited impact research (non-extractive);\nto conduct a limited educational program;\nto navigate a vessel or aircraft, other than a ship or a managed vessel or aircraft, if any equipment that is normally used for fishing or collecting is stowed or secured when the vessel or aircraft is in an area of the zone within which the use of the equipment is not authorised under the Act .\ns 25 amd 2005 SL No. 12 s 5 ; 2006 SL No. 224 s 10\n- (a) to carry out a low impact activity that does not involve the taking of a plant, animal or marine product in the area;\n- (b) to carry out any of the following fishing activities— (i) bait gathering; (ii) limited collecting; (iii) limited spearfishing; (iv) line fishing; (v) netting, including bait netting; (vi) oyster gathering; (vii) taking a plant, animal or marine product under an accredited harvest fishery and in compliance with any requirements that apply to the taking under the Fisheries Act 1994 or the accreditation; (viii) trapping; (ix) trolling;\n- (i) bait gathering;\n- (ii) limited collecting;\n- (iii) limited spearfishing;\n- (iv) line fishing;\n- (v) netting, including bait netting;\n- (vi) oyster gathering;\n- (vii) taking a plant, animal or marine product under an accredited harvest fishery and in compliance with any requirements that apply to the taking under the Fisheries Act 1994 or the accreditation;\n- (viii) trapping;\n- (ix) trolling;\n- (c) a traditional use of marine resources that is carried out in a way that is consistent with an accredited traditional use of marine resources agreement, including, in particular, any conditions or requirements relating to the agreement;\n- (d) to carry out photography, filming or sound recording;\n- (e) to carry out limited impact research (extractive) or limited impact research (non-extractive);\n- (f) to conduct a limited educational program;\n- (g) to navigate a vessel or aircraft, other than a ship or a managed vessel or aircraft, if any equipment that is normally used for fishing or collecting is stowed or secured when the vessel or aircraft is in an area of the zone within which the use of the equipment is not authorised under the Act .\n- (i) bait gathering;\n- (ii) limited collecting;\n- (iii) limited spearfishing;\n- (iv) line fishing;\n- (v) netting, including bait netting;\n- (vi) oyster gathering;\n- (vii) taking a plant, animal or marine product under an accredited harvest fishery and in compliance with any requirements that apply to the taking under the Fisheries Act 1994 or the accreditation;\n- (viii) trapping;\n- (ix) trolling;","sortOrder":37},{"sectionNumber":"sec.26","sectionType":"section","heading":"Entry or use with permission","content":"### sec.26 Entry or use with permission\n\nThe chief executive may grant a permission to a person for an area within the estuarine conservation zone only for a relevant purpose.\nIn this section—\nrelevant purpose means each of the following—\nfishing for—\ntaking a plant, animal or marine product under a harvest fishery other than an accredited harvest fishery; or\na developmental fishery program;\ncollecting other than limited collecting;\ntraditional use of marine resources other than a traditional use of marine resources mentioned in section 25 (c) ;\noperating a fishing industry service vessel;\nconducting a tourist program;\nresearch, other than limited impact research (extractive) or limited impact research (non-extractive);\nconducting an educational program, other than a limited educational program;\nconducting a vessel or aircraft charter operation;\noperating a vessel or aircraft in a particular area within the zone—\nfor more than 14 consecutive days; or\nfor more than 30 days in any period of 60 days;\nnavigating a ship or a managed vessel or aircraft;\noperating a facility for a purpose, other than a purpose mentioned in section 25 , that is consistent with the objects stated in the Regulation , schedule 1 , section 3 , including, for example, the following—\noperating a facility for discharging waste;\noperating a facility for the building, assembling, fixing in position, maintaining or demolishing of another facility;\noperating a facility for constructing or operating mooring facilities for vessels;\noperating a facility for a landing area or another facility for aircraft;\ncarrying out works for a purpose that is consistent with the objects stated in the Regulation , schedule 1 , section 3 ;\na program for taking a plant or animal, other than a taking authorised under section 25 or part 4 , that poses a threat to—\nhuman life or safety; or\nmarine ecosystems of the marine park; or\nthe use or amenity of an area within the marine park or an area adjacent to the marine park;\nany other purpose that is consistent with the objects stated in the Regulation , schedule 1 , section 3 , other than—\na purpose mentioned in section 25 ; or\na purpose mentioned in the Commonwealth Regulation , regulation 38.\ns 26 amd 2006 SL No. 224 s 11 ; 2007 SL No. 108 s 3\n(sec.26-ssec.1) The chief executive may grant a permission to a person for an area within the estuarine conservation zone only for a relevant purpose.\n(sec.26-ssec.2) In this section— relevant purpose means each of the following— fishing for— taking a plant, animal or marine product under a harvest fishery other than an accredited harvest fishery; or a developmental fishery program; collecting other than limited collecting; traditional use of marine resources other than a traditional use of marine resources mentioned in section 25 (c) ; operating a fishing industry service vessel; conducting a tourist program; research, other than limited impact research (extractive) or limited impact research (non-extractive); conducting an educational program, other than a limited educational program; conducting a vessel or aircraft charter operation; operating a vessel or aircraft in a particular area within the zone— for more than 14 consecutive days; or for more than 30 days in any period of 60 days; navigating a ship or a managed vessel or aircraft; operating a facility for a purpose, other than a purpose mentioned in section 25 , that is consistent with the objects stated in the Regulation , schedule 1 , section 3 , including, for example, the following— operating a facility for discharging waste; operating a facility for the building, assembling, fixing in position, maintaining or demolishing of another facility; operating a facility for constructing or operating mooring facilities for vessels; operating a facility for a landing area or another facility for aircraft; carrying out works for a purpose that is consistent with the objects stated in the Regulation , schedule 1 , section 3 ; a program for taking a plant or animal, other than a taking authorised under section 25 or part 4 , that poses a threat to— human life or safety; or marine ecosystems of the marine park; or the use or amenity of an area within the marine park or an area adjacent to the marine park; any other purpose that is consistent with the objects stated in the Regulation , schedule 1 , section 3 , other than— a purpose mentioned in section 25 ; or a purpose mentioned in the Commonwealth Regulation , regulation 38.\n- (a) fishing for— (i) taking a plant, animal or marine product under a harvest fishery other than an accredited harvest fishery; or (ii) a developmental fishery program;\n- (i) taking a plant, animal or marine product under a harvest fishery other than an accredited harvest fishery; or\n- (ii) a developmental fishery program;\n- (b) collecting other than limited collecting;\n- (c) traditional use of marine resources other than a traditional use of marine resources mentioned in section 25 (c) ;\n- (d) operating a fishing industry service vessel;\n- (e) conducting a tourist program;\n- (f) research, other than limited impact research (extractive) or limited impact research (non-extractive);\n- (g) conducting an educational program, other than a limited educational program;\n- (h) conducting a vessel or aircraft charter operation;\n- (i) operating a vessel or aircraft in a particular area within the zone— (i) for more than 14 consecutive days; or (ii) for more than 30 days in any period of 60 days;\n- (i) for more than 14 consecutive days; or\n- (ii) for more than 30 days in any period of 60 days;\n- (j) navigating a ship or a managed vessel or aircraft;\n- (k) operating a facility for a purpose, other than a purpose mentioned in section 25 , that is consistent with the objects stated in the Regulation , schedule 1 , section 3 , including, for example, the following— (i) operating a facility for discharging waste; (ii) operating a facility for the building, assembling, fixing in position, maintaining or demolishing of another facility; (iii) operating a facility for constructing or operating mooring facilities for vessels; (iv) operating a facility for a landing area or another facility for aircraft;\n- (i) operating a facility for discharging waste;\n- (ii) operating a facility for the building, assembling, fixing in position, maintaining or demolishing of another facility;\n- (iii) operating a facility for constructing or operating mooring facilities for vessels;\n- (iv) operating a facility for a landing area or another facility for aircraft;\n- (l) carrying out works for a purpose that is consistent with the objects stated in the Regulation , schedule 1 , section 3 ;\n- (m) a program for taking a plant or animal, other than a taking authorised under section 25 or part 4 , that poses a threat to— (i) human life or safety; or (ii) marine ecosystems of the marine park; or (iii) the use or amenity of an area within the marine park or an area adjacent to the marine park;\n- (i) human life or safety; or\n- (ii) marine ecosystems of the marine park; or\n- (iii) the use or amenity of an area within the marine park or an area adjacent to the marine park;\n- (n) any other purpose that is consistent with the objects stated in the Regulation , schedule 1 , section 3 , other than— (i) a purpose mentioned in section 25 ; or (ii) a purpose mentioned in the Commonwealth Regulation , regulation 38.\n- (i) a purpose mentioned in section 25 ; or\n- (ii) a purpose mentioned in the Commonwealth Regulation , regulation 38.\n- (i) taking a plant, animal or marine product under a harvest fishery other than an accredited harvest fishery; or\n- (ii) a developmental fishery program;\n- (i) for more than 14 consecutive days; or\n- (ii) for more than 30 days in any period of 60 days;\n- (i) operating a facility for discharging waste;\n- (ii) operating a facility for the building, assembling, fixing in position, maintaining or demolishing of another facility;\n- (iii) operating a facility for constructing or operating mooring facilities for vessels;\n- (iv) operating a facility for a landing area or another facility for aircraft;\n- (i) human life or safety; or\n- (ii) marine ecosystems of the marine park; or\n- (iii) the use or amenity of an area within the marine park or an area adjacent to the marine park;\n- (i) a purpose mentioned in section 25 ; or\n- (ii) a purpose mentioned in the Commonwealth Regulation , regulation 38.","sortOrder":38},{"sectionNumber":"sec.27","sectionType":"section","heading":null,"content":"### Section sec.27\n\ns 27 om 2006 SL No. 224 s 9","sortOrder":39},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Conservation park zone","content":"## Conservation park zone","sortOrder":40},{"sectionNumber":"sec.28","sectionType":"section","heading":"Entry or use without permission","content":"### sec.28 Entry or use without permission\n\nA person may enter or use an area within the conservation park zone without permission for the following purposes—\na purpose for which the Commonwealth conservation park zone may be used or entered without permission of, or notification to, the Marine Park Authority;\nSee the Commonwealth Zoning Plan , section 2 .4.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation , regulation 69 (Entry to zones for purpose of taking certain protected species).\noyster gathering.\nAlso, a person may enter or use, without permission, a conservation park line fishing area for limited line fishing.\nHowever, a person who is a commercial fisher who enters or uses an area under subsection (1) (a) for the purpose of bait netting must not—\ntake a relevant fish while bait netting; or\npossess a relevant fish taken in contravention of paragraph (a) .\nFor subsection (3) (a) , a commercial fisher does not take a relevant fish while bait netting if—\nthe fish is taken unintentionally; and\nthe fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\nthe fisher immediately releases the fish into water deep enough to allow the fish to escape.\nIn this section—\nconservation park line fishing area means an area within the conservation park zone that is mentioned and described in schedule 7 .\nlimited line fishing means fishing using not more than 2 prescribed instruments.\npossess , a relevant fish, means—\nto have custody or control of the fish; or\nto have an ability or right to readily obtain custody or control of the fish.\nprescribed instrument means a hand held fishing rod or a handline that has—\nonly 1 hook; and\nnot more than 1 artificial fly; and\nnot more than 1 lure.\nrelevant fish means a fish of any of the following species—\nbream of the genus Acanthopagrus or Rhabdosargus ;\nflathead of the genus Platycephalus ;\nwhiting of the genus Sillago .\ns 28 amd 2005 SL No. 12 s 6 ; 2011 SL No. 257 s 4\n(sec.28-ssec.1) A person may enter or use an area within the conservation park zone without permission for the following purposes— a purpose for which the Commonwealth conservation park zone may be used or entered without permission of, or notification to, the Marine Park Authority; See the Commonwealth Zoning Plan , section 2 .4.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation , regulation 69 (Entry to zones for purpose of taking certain protected species). oyster gathering.\n(sec.28-ssec.2) Also, a person may enter or use, without permission, a conservation park line fishing area for limited line fishing.\n(sec.28-ssec.3) However, a person who is a commercial fisher who enters or uses an area under subsection (1) (a) for the purpose of bait netting must not— take a relevant fish while bait netting; or possess a relevant fish taken in contravention of paragraph (a) .\n(sec.28-ssec.4) For subsection (3) (a) , a commercial fisher does not take a relevant fish while bait netting if— the fish is taken unintentionally; and the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and the fisher immediately releases the fish into water deep enough to allow the fish to escape.\n(sec.28-ssec.5) In this section— conservation park line fishing area means an area within the conservation park zone that is mentioned and described in schedule 7 . limited line fishing means fishing using not more than 2 prescribed instruments. possess , a relevant fish, means— to have custody or control of the fish; or to have an ability or right to readily obtain custody or control of the fish. prescribed instrument means a hand held fishing rod or a handline that has— only 1 hook; and not more than 1 artificial fly; and not more than 1 lure. relevant fish means a fish of any of the following species— bream of the genus Acanthopagrus or Rhabdosargus ; flathead of the genus Platycephalus ; whiting of the genus Sillago .\n- (a) a purpose for which the Commonwealth conservation park zone may be used or entered without permission of, or notification to, the Marine Park Authority; Note— See the Commonwealth Zoning Plan , section 2 .4.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation , regulation 69 (Entry to zones for purpose of taking certain protected species).\n- (b) oyster gathering.\n- (a) take a relevant fish while bait netting; or\n- (b) possess a relevant fish taken in contravention of paragraph (a) .\n- (a) the fish is taken unintentionally; and\n- (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and\n- (c) the fisher immediately releases the fish into water deep enough to allow the fish to escape.\n- (a) to have custody or control of the fish; or\n- (b) to have an ability or right to readily obtain custody or control of the fish.\n- (a) only 1 hook; and\n- (b) not more than 1 artificial fly; and\n- (c) not more than 1 lure.\n- (a) bream of the genus Acanthopagrus or Rhabdosargus ;\n- (b) flathead of the genus Platycephalus ;\n- (c) whiting of the genus Sillago .","sortOrder":41},{"sectionNumber":"sec.29","sectionType":"section","heading":"Entry or use with permission","content":"### sec.29 Entry or use with permission\n\nThe chief executive may grant a permission to a person for an area within the conservation park zone only for a relevant purpose.\nIn this section—\nrelevant purpose means a purpose for which the Commonwealth conservation park zone may be used or entered with written permission of the Marine Park Authority.\nSee the Commonwealth Zoning Plan , section 2 .4.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 39 (Conservation Park Zone—activities).\n(sec.29-ssec.1) The chief executive may grant a permission to a person for an area within the conservation park zone only for a relevant purpose.\n(sec.29-ssec.2) In this section— relevant purpose means a purpose for which the Commonwealth conservation park zone may be used or entered with written permission of the Marine Park Authority. See the Commonwealth Zoning Plan , section 2 .4.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 39 (Conservation Park Zone—activities).","sortOrder":42},{"sectionNumber":"sec.30","sectionType":"section","heading":null,"content":"### Section sec.30\n\ns 30 om 2006 SL No. 224 s 9","sortOrder":43},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Buffer zone","content":"## Buffer zone","sortOrder":44},{"sectionNumber":"sec.31","sectionType":"section","heading":"Entry or use without permission","content":"### sec.31 Entry or use without permission\n\nA person may enter or use an area within the buffer zone without permission for a purpose for which the Commonwealth buffer zone may be used or entered without permission of, or notification to, the Marine Park Authority.\nSee the Commonwealth Zoning Plan , section 2 .5.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation , regulation 69 (Entry to zones for purpose of taking certain protected species).","sortOrder":45},{"sectionNumber":"sec.32","sectionType":"section","heading":"Entry or use with permission","content":"### sec.32 Entry or use with permission\n\nThe chief executive may grant a permission to a person for an area within the buffer zone only for a relevant purpose.\nIn this section—\nrelevant purpose means a purpose for which the Commonwealth buffer zone may be used or entered with written permission of the Marine Park Authority.\nSee the Commonwealth Zoning Plan , section 2 .5.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 40 (Buffer Zone—activities).\n(sec.32-ssec.1) The chief executive may grant a permission to a person for an area within the buffer zone only for a relevant purpose.\n(sec.32-ssec.2) In this section— relevant purpose means a purpose for which the Commonwealth buffer zone may be used or entered with written permission of the Marine Park Authority. See the Commonwealth Zoning Plan , section 2 .5.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 40 (Buffer Zone—activities).","sortOrder":46},{"sectionNumber":"sec.33","sectionType":"section","heading":null,"content":"### Section sec.33\n\ns 33 om 2006 SL No. 224 s 9","sortOrder":47},{"sectionNumber":"pt.2-div.7","sectionType":"division","heading":"Scientific research zone","content":"## Scientific research zone","sortOrder":48},{"sectionNumber":"sec.34","sectionType":"section","heading":"Entry or use without permission","content":"### sec.34 Entry or use without permission\n\nA person may enter or use an area within the scientific research zone without permission for a purpose for which the Commonwealth scientific research zone may be used or entered without permission of, or notification to, the Marine Park Authority.\nSee the Commonwealth Zoning Plan , section 2 .6.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation , regulation 69 (Entry to zones for purpose of taking certain protected species).","sortOrder":49},{"sectionNumber":"sec.35","sectionType":"section","heading":"Entry or use with permission","content":"### sec.35 Entry or use with permission\n\nThe chief executive may grant a permission to a person for an area within the scientific research zone only for a relevant purpose.\nIn this section—\nrelevant purpose means a purpose for which the Commonwealth scientific research zone may be used or entered with written permission of the Marine Park Authority.\nSee the Commonwealth Zoning Plan , section 2 .6.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 41 (Scientific Research Zone—activities).\n(sec.35-ssec.1) The chief executive may grant a permission to a person for an area within the scientific research zone only for a relevant purpose.\n(sec.35-ssec.2) In this section— relevant purpose means a purpose for which the Commonwealth scientific research zone may be used or entered with written permission of the Marine Park Authority. See the Commonwealth Zoning Plan , section 2 .6.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 41 (Scientific Research Zone—activities).","sortOrder":50},{"sectionNumber":"sec.36","sectionType":"section","heading":null,"content":"### Section sec.36\n\ns 36 om 2006 SL No. 224 s 9","sortOrder":51},{"sectionNumber":"pt.2-div.8","sectionType":"division","heading":"Marine national park zone","content":"## Marine national park zone","sortOrder":52},{"sectionNumber":"sec.37","sectionType":"section","heading":"Entry or use without permission","content":"### sec.37 Entry or use without permission\n\nA person may enter or use an area within the marine national park zone without permission for a purpose for which the Commonwealth marine national park zone may be used or entered without permission of, or notification to, the Marine Park Authority.\nSee the Commonwealth Zoning Plan , section 2 .7.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation , regulation 69 (Entry to zones for purpose of taking certain protected species).","sortOrder":53},{"sectionNumber":"sec.38","sectionType":"section","heading":"Entry or use with permission","content":"### sec.38 Entry or use with permission\n\nThe chief executive may grant a permission to a person for an area within the marine national park zone only for a relevant purpose.\nIn this section—\nrelevant purpose means a purpose for which the Commonwealth marine national park zone may be used or entered with written permission of the Marine Park Authority.\nSee the Commonwealth Zoning Plan , section 2 .7.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 42 (Marine National Park Zone—activities).\n(sec.38-ssec.1) The chief executive may grant a permission to a person for an area within the marine national park zone only for a relevant purpose.\n(sec.38-ssec.2) In this section— relevant purpose means a purpose for which the Commonwealth marine national park zone may be used or entered with written permission of the Marine Park Authority. See the Commonwealth Zoning Plan , section 2 .7.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 42 (Marine National Park Zone—activities).","sortOrder":54},{"sectionNumber":"sec.39","sectionType":"section","heading":null,"content":"### Section sec.39\n\ns 39 om 2006 SL No. 224 s 9","sortOrder":55},{"sectionNumber":"pt.2-div.9","sectionType":"division","heading":"Preservation zone","content":"## Preservation zone","sortOrder":56},{"sectionNumber":"sec.40","sectionType":"section","heading":"Entry or use without permission","content":"### sec.40 Entry or use without permission\n\nA person may enter or use an area within the preservation zone without permission for a purpose for which the Commonwealth preservation zone may be used or entered without permission of, or notification to, the Marine Park Authority, other than a prescribed navigation purpose.\nSee the Commonwealth Zoning Plan , section 2 .8.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation , regulation 69 (Entry to zones for purpose of taking certain protected species).\nIn this section—\nprescribed navigation purpose means to navigate a vessel within the area or to access another area within the marine park.\n(sec.40-ssec.1) A person may enter or use an area within the preservation zone without permission for a purpose for which the Commonwealth preservation zone may be used or entered without permission of, or notification to, the Marine Park Authority, other than a prescribed navigation purpose. See the Commonwealth Zoning Plan , section 2 .8.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation , regulation 69 (Entry to zones for purpose of taking certain protected species).\n(sec.40-ssec.2) In this section— prescribed navigation purpose means to navigate a vessel within the area or to access another area within the marine park.","sortOrder":57},{"sectionNumber":"sec.41","sectionType":"section","heading":"Entry or use with permission","content":"### sec.41 Entry or use with permission\n\nThe chief executive may grant a permission to a person for an area within the preservation zone only for a relevant purpose.\nIn this section—\nrelevant purpose means each of the following—\na purpose for which the Commonwealth preservation zone may be used or entered with written permission of the Marine Park Authority;\nSee the Commonwealth Zoning Plan , section 2 .8.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 43 (Preservation Zone—activities).\nto navigate a vessel, other than a ship or a managed vessel or aircraft, within the area or to access another area within the marine park, if any equipment that is normally used for fishing or collecting is stowed or secured when the vessel is an area within the preservation zone.\n(sec.41-ssec.1) The chief executive may grant a permission to a person for an area within the preservation zone only for a relevant purpose.\n(sec.41-ssec.2) In this section— relevant purpose means each of the following— a purpose for which the Commonwealth preservation zone may be used or entered with written permission of the Marine Park Authority; See the Commonwealth Zoning Plan , section 2 .8.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 43 (Preservation Zone—activities). to navigate a vessel, other than a ship or a managed vessel or aircraft, within the area or to access another area within the marine park, if any equipment that is normally used for fishing or collecting is stowed or secured when the vessel is an area within the preservation zone.\n- (a) a purpose for which the Commonwealth preservation zone may be used or entered with written permission of the Marine Park Authority; Note— See the Commonwealth Zoning Plan , section 2 .8.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 43 (Preservation Zone—activities).\n- (b) to navigate a vessel, other than a ship or a managed vessel or aircraft, within the area or to access another area within the marine park, if any equipment that is normally used for fishing or collecting is stowed or secured when the vessel is an area within the preservation zone.","sortOrder":58},{"sectionNumber":"pt.3","sectionType":"part","heading":"Designated areas","content":"# Designated areas","sortOrder":59},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":60},{"sectionNumber":"sec.42","sectionType":"section","heading":"Relationship with pt 4","content":"### sec.42 Relationship with pt 4\n\nThis part is subject to part 4 .","sortOrder":61},{"sectionNumber":"sec.43","sectionType":"section","heading":"Areas set aside for special management","content":"### sec.43 Areas set aside for special management\n\nThe following areas of the marine park are set aside for special management—\nremote natural areas;\nshipping areas;\nthe Princess Charlotte Bay special management area;\nspecies conservation (dugong protection) special management areas;\nrestricted access special management areas;\npublic appreciation special management areas;\nno dories detached (marine national park zone) special management areas;\none dory detached (conservation park zone) special management areas;\none dory detached (buffer zone) special management areas;\nfisheries experimental areas;\nseasonal closure areas;\nthe Michaelmas Cay restricted access area;\ncommercial crab fishery areas.\n- (a) remote natural areas;\n- (b) shipping areas;\n- (c) the Princess Charlotte Bay special management area;\n- (d) species conservation (dugong protection) special management areas;\n- (e) restricted access special management areas;\n- (f) public appreciation special management areas;\n- (g) no dories detached (marine national park zone) special management areas;\n- (h) one dory detached (conservation park zone) special management areas;\n- (i) one dory detached (buffer zone) special management areas;\n- (j) fisheries experimental areas;\n- (k) seasonal closure areas;\n- (l) the Michaelmas Cay restricted access area;\n- (m) commercial crab fishery areas.","sortOrder":62},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Remote natural areas","content":"## Remote natural areas","sortOrder":63},{"sectionNumber":"sec.44","sectionType":"section","heading":"Remote natural areas","content":"### sec.44 Remote natural areas\n\nAn area of the marine park mentioned and described in schedule 8 , part 1 , is a remote natural area.\nA remote natural area may be the whole or part of 1 or more zones.\n(sec.44-ssec.1) An area of the marine park mentioned and described in schedule 8 , part 1 , is a remote natural area.\n(sec.44-ssec.2) A remote natural area may be the whole or part of 1 or more zones.","sortOrder":64},{"sectionNumber":"sec.45","sectionType":"section","heading":"Objectives","content":"### sec.45 Objectives\n\nThe objectives for each remote natural area are—\nto ensure the area remains largely unaltered by works or facilities; and\nto provide opportunities for quiet appreciation and enjoyment of the area.\nThe objectives mentioned in subsection (1) are in addition to the objectives for the zone within which the area or part of the area is located.\n(sec.45-ssec.1) The objectives for each remote natural area are— to ensure the area remains largely unaltered by works or facilities; and to provide opportunities for quiet appreciation and enjoyment of the area.\n(sec.45-ssec.2) The objectives mentioned in subsection (1) are in addition to the objectives for the zone within which the area or part of the area is located.\n- (a) to ensure the area remains largely unaltered by works or facilities; and\n- (b) to provide opportunities for quiet appreciation and enjoyment of the area.","sortOrder":65},{"sectionNumber":"sec.46","sectionType":"section","heading":"Special management provision","content":"### sec.46 Special management provision\n\nDespite part 2 , a person may not enter or use, without permission, an area within a remote natural area for—\na declared purpose; or\nan unauthorised purpose.\nHowever, the chief executive may grant a person a permission to enter or use an area within a remote natural area for a declared purpose.\nDespite part 2 , the chief executive must not grant a permission to a person for an area within a remote natural area for an unauthorised purpose.\nIn this section—\ndeclared purpose means a purpose declared for the Commonwealth Zoning Plan , section 3 .4.\nunauthorised purpose means a purpose for which the Commonwealth remote natural area may not be used or entered.\nSee Commonwealth Zoning Plan , section 3 .3 (Use or entry for certain purposes not authorised) and the Commonwealth Regulation , regulation 44 (Remote Natural Area—purposes for which the area may not be used or entered).\n(sec.46-ssec.1) Despite part 2 , a person may not enter or use, without permission, an area within a remote natural area for— a declared purpose; or an unauthorised purpose.\n(sec.46-ssec.2) However, the chief executive may grant a person a permission to enter or use an area within a remote natural area for a declared purpose.\n(sec.46-ssec.3) Despite part 2 , the chief executive must not grant a permission to a person for an area within a remote natural area for an unauthorised purpose.\n(sec.46-ssec.4) In this section— declared purpose means a purpose declared for the Commonwealth Zoning Plan , section 3 .4. unauthorised purpose means a purpose for which the Commonwealth remote natural area may not be used or entered. See Commonwealth Zoning Plan , section 3 .3 (Use or entry for certain purposes not authorised) and the Commonwealth Regulation , regulation 44 (Remote Natural Area—purposes for which the area may not be used or entered).\n- (a) a declared purpose; or\n- (b) an unauthorised purpose.","sortOrder":66},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Shipping areas","content":"## Shipping areas","sortOrder":67},{"sectionNumber":"sec.47","sectionType":"section","heading":"Shipping areas","content":"### sec.47 Shipping areas\n\nAn area of the marine park mentioned and described in schedule 8 , part 2 , is a shipping area.\nA shipping area may be the whole or part of 1 or more zones.\n(sec.47-ssec.1) An area of the marine park mentioned and described in schedule 8 , part 2 , is a shipping area.\n(sec.47-ssec.2) A shipping area may be the whole or part of 1 or more zones.","sortOrder":68},{"sectionNumber":"sec.48","sectionType":"section","heading":"Objective","content":"### sec.48 Objective\n\nThe objective for each shipping area is to make provision for the navigation of ships within the area.","sortOrder":69},{"sectionNumber":"sec.49","sectionType":"section","heading":"Special management provision","content":"### sec.49 Special management provision\n\nDespite part 2 and division 2 , a person may enter or use, without permission, a shipping area for a purpose for which a Commonwealth shipping area may be used or entered without permission.\nSee the Commonwealth Zoning Plan , section 4 .1.3 (Shipping management provision). See also, the Commonwealth Zoning Plan , section 1 .5(3) (Interpretation—general) for the conditions or limitations that may be prescribed under the Commonwealth Regulation .","sortOrder":70},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Princess Charlotte Bay special management area","content":"## Princess Charlotte Bay special management area","sortOrder":71},{"sectionNumber":"sec.50","sectionType":"section","heading":"Princess Charlotte Bay special management area","content":"### sec.50 Princess Charlotte Bay special management area\n\nThe area consisting of the areas of the marine park mentioned and described in schedule 8 , part 3 , is the Princess Charlotte Bay special management area.\nThe Princess Charlotte Bay special management area is within the habitat protection zone.\n(sec.50-ssec.1) The area consisting of the areas of the marine park mentioned and described in schedule 8 , part 3 , is the Princess Charlotte Bay special management area.\n(sec.50-ssec.2) The Princess Charlotte Bay special management area is within the habitat protection zone.","sortOrder":72},{"sectionNumber":"sec.51","sectionType":"section","heading":"Objective","content":"### sec.51 Objective\n\nThe objective for the Princess Charlotte Bay special management area is to restrict access to, or the use of, the area for the conservation of marine species.","sortOrder":73},{"sectionNumber":"sec.52","sectionType":"section","heading":"Special management provision","content":"### sec.52 Special management provision\n\nSection 22 does not authorise a person to enter or use, without permission, the Princess Charlotte Bay special management area for netting, other than bait netting.\nHowever, the chief executive may grant a person a permission to enter or use the Princess Charlotte Bay special management area for netting, other than bait netting, if—\nthe person holds a primary commercial fishing boat licence that authorises netting to be carried out in the prescribed PCB area; and\nnetting was carried out, under the licence or a former licence for the licence, in the prescribed PCB area—\nat any time during the period starting on 1 January 1996 and ending on 31 December 1999; and\nat any time in at least 3 years during the period starting on 1 January 1988 and ending on 31 December 1999; and\nat least 5 tonnes of catch were taken while the netting was carried out, under the licence, in the prescribed PCB area during the period starting on 1 January 1988 and ending on 31 December 1999.\nThe chief executive may accept advice from the Marine Park Authority for working out whether the matters mentioned in subsection (2) (b) or (c) have happened.\nFor subsection (2) (b) , a former licence for a primary commercial fishing boat licence is a licence that was replaced or renewed by the current licence, including, for example, because the former licence expired or was surrendered.\ns 52 amd 2019 SL No. 71 s 59 sch 1\n(sec.52-ssec.1) Section 22 does not authorise a person to enter or use, without permission, the Princess Charlotte Bay special management area for netting, other than bait netting.\n(sec.52-ssec.2) However, the chief executive may grant a person a permission to enter or use the Princess Charlotte Bay special management area for netting, other than bait netting, if— the person holds a primary commercial fishing boat licence that authorises netting to be carried out in the prescribed PCB area; and netting was carried out, under the licence or a former licence for the licence, in the prescribed PCB area— at any time during the period starting on 1 January 1996 and ending on 31 December 1999; and at any time in at least 3 years during the period starting on 1 January 1988 and ending on 31 December 1999; and at least 5 tonnes of catch were taken while the netting was carried out, under the licence, in the prescribed PCB area during the period starting on 1 January 1988 and ending on 31 December 1999.\n(sec.52-ssec.3) The chief executive may accept advice from the Marine Park Authority for working out whether the matters mentioned in subsection (2) (b) or (c) have happened.\n(sec.52-ssec.4) For subsection (2) (b) , a former licence for a primary commercial fishing boat licence is a licence that was replaced or renewed by the current licence, including, for example, because the former licence expired or was surrendered.\n- (a) the person holds a primary commercial fishing boat licence that authorises netting to be carried out in the prescribed PCB area; and\n- (b) netting was carried out, under the licence or a former licence for the licence, in the prescribed PCB area— (i) at any time during the period starting on 1 January 1996 and ending on 31 December 1999; and (ii) at any time in at least 3 years during the period starting on 1 January 1988 and ending on 31 December 1999; and\n- (i) at any time during the period starting on 1 January 1996 and ending on 31 December 1999; and\n- (ii) at any time in at least 3 years during the period starting on 1 January 1988 and ending on 31 December 1999; and\n- (c) at least 5 tonnes of catch were taken while the netting was carried out, under the licence, in the prescribed PCB area during the period starting on 1 January 1988 and ending on 31 December 1999.\n- (i) at any time during the period starting on 1 January 1996 and ending on 31 December 1999; and\n- (ii) at any time in at least 3 years during the period starting on 1 January 1988 and ending on 31 December 1999; and","sortOrder":74},{"sectionNumber":"sec.53","sectionType":"section","heading":"Application for permission must include particular information","content":"### sec.53 Application for permission must include particular information\n\nAn application, under the Regulation , part 3 , for a permission for netting, other than bait netting, in an area within the Princess Charlotte Bay special management area must be accompanied by—\na certificate, or a certified copy of a certificate, issued under the Fisheries Act 1994 , section 74 , stating the applicant is the holder of a primary commercial fishing boat licence that authorises netting to be carried out in the prescribed PCB area; and\na copy of each relevant return for the applicant, certified to be a true copy by the chief executive (fisheries), showing that the applicant has complied with the conditions stated in section 52 (2) (b) and (c) .\nIn this section—\nrelevant return , for an applicant, means a return, or part of a return, that—\nrelates to netting carried out under the primary commercial fishing boat licence held by the applicant during the period starting on 1 January 1988 and ending on 31 December 1999; and\nwas given by the applicant to—\nthe chief executive (fisheries) or the former Queensland Fisheries Management Authority under the Fisheries Act 1994 ; or\nthe former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 .\ns 53 amd 2006 SL No. 224 s 12 ; 2019 SL No. 71 s 59 sch 1\n(sec.53-ssec.1) An application, under the Regulation , part 3 , for a permission for netting, other than bait netting, in an area within the Princess Charlotte Bay special management area must be accompanied by— a certificate, or a certified copy of a certificate, issued under the Fisheries Act 1994 , section 74 , stating the applicant is the holder of a primary commercial fishing boat licence that authorises netting to be carried out in the prescribed PCB area; and a copy of each relevant return for the applicant, certified to be a true copy by the chief executive (fisheries), showing that the applicant has complied with the conditions stated in section 52 (2) (b) and (c) .\n(sec.53-ssec.2) In this section— relevant return , for an applicant, means a return, or part of a return, that— relates to netting carried out under the primary commercial fishing boat licence held by the applicant during the period starting on 1 January 1988 and ending on 31 December 1999; and was given by the applicant to— the chief executive (fisheries) or the former Queensland Fisheries Management Authority under the Fisheries Act 1994 ; or the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 .\n- (a) a certificate, or a certified copy of a certificate, issued under the Fisheries Act 1994 , section 74 , stating the applicant is the holder of a primary commercial fishing boat licence that authorises netting to be carried out in the prescribed PCB area; and\n- (b) a copy of each relevant return for the applicant, certified to be a true copy by the chief executive (fisheries), showing that the applicant has complied with the conditions stated in section 52 (2) (b) and (c) .\n- (a) relates to netting carried out under the primary commercial fishing boat licence held by the applicant during the period starting on 1 January 1988 and ending on 31 December 1999; and\n- (b) was given by the applicant to— (i) the chief executive (fisheries) or the former Queensland Fisheries Management Authority under the Fisheries Act 1994 ; or (ii) the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 .\n- (i) the chief executive (fisheries) or the former Queensland Fisheries Management Authority under the Fisheries Act 1994 ; or\n- (ii) the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 .\n- (i) the chief executive (fisheries) or the former Queensland Fisheries Management Authority under the Fisheries Act 1994 ; or\n- (ii) the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 .","sortOrder":75},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Species conservation (dugong protection) special management areas","content":"## Species conservation (dugong protection) special management areas","sortOrder":76},{"sectionNumber":"sec.54","sectionType":"section","heading":"Species conservation (dugong protection) special management areas","content":"### sec.54 Species conservation (dugong protection) special management areas\n\nAn area of the marine park mentioned and described in schedule 8 , part 4 , is a species conservation (dugong protection) special management area.\nA species conservation (dugong protection) special management area may be the whole or part of 1 or more zones.\n(sec.54-ssec.1) An area of the marine park mentioned and described in schedule 8 , part 4 , is a species conservation (dugong protection) special management area.\n(sec.54-ssec.2) A species conservation (dugong protection) special management area may be the whole or part of 1 or more zones.","sortOrder":77},{"sectionNumber":"sec.55","sectionType":"section","heading":"Objective","content":"### sec.55 Objective\n\nThe objective for each species conservation (dugong protection) special management area is to restrict the use of the area for the conservation of dugongs.","sortOrder":78},{"sectionNumber":"sec.56","sectionType":"section","heading":"Special management provision","content":"### sec.56 Special management provision\n\nA person may enter or use an area within the species conservation (dugong protection) special management area to carry out netting, including bait netting, if—\nthe person is permitted to enter or use the area to carry out the netting under part 2 ; and\nthe person when carrying out the netting complies with the applicable provisions of the Fisheries Declaration 2019 , chapter 2 , part 11 .\nHowever—\nno netting, other than bait netting within the meaning of the Commonwealth Regulation , may be carried out in the Commonwealth no netting area; and\nthe use of a mesh net in the State restricted netting area must comply with the Commonwealth Regulation , regulation 47.\nIn this section—\nCommonwealth no netting area means the No netting (other than bait netting) area within Bowling Green Bay Species Conservation (Dugong Protection) Special Management Area as described in the Commonwealth Regulation , table 47.3.\nCommonwealth restricted netting area means the Restricted netting area within Bowling Green Bay Species Conservation (Dugong Protection) Special Management Area as described in the Commonwealth Regulation , table 47.4.\nState restricted netting area means—\nthe Commonwealth restricted netting area; and\nthe area of the marine park worked out by—\nextending the part of the area described in the Commonwealth Regulation , table 47.4 at the State at low water to the landward boundary of the marine park; and\nexcluding the area mentioned and described in schedule 2 , section 19 .\ns 56 amd 2008 SL No. 83 s 733\nsub 2016 SL No. 12 s 4\namd 2019 SL No. 71 s 59 sch 1\n(sec.56-ssec.1) A person may enter or use an area within the species conservation (dugong protection) special management area to carry out netting, including bait netting, if— the person is permitted to enter or use the area to carry out the netting under part 2 ; and the person when carrying out the netting complies with the applicable provisions of the Fisheries Declaration 2019 , chapter 2 , part 11 .\n(sec.56-ssec.2) However— no netting, other than bait netting within the meaning of the Commonwealth Regulation , may be carried out in the Commonwealth no netting area; and the use of a mesh net in the State restricted netting area must comply with the Commonwealth Regulation , regulation 47.\n(sec.56-ssec.3) In this section— Commonwealth no netting area means the No netting (other than bait netting) area within Bowling Green Bay Species Conservation (Dugong Protection) Special Management Area as described in the Commonwealth Regulation , table 47.3. Commonwealth restricted netting area means the Restricted netting area within Bowling Green Bay Species Conservation (Dugong Protection) Special Management Area as described in the Commonwealth Regulation , table 47.4. State restricted netting area means— the Commonwealth restricted netting area; and the area of the marine park worked out by— extending the part of the area described in the Commonwealth Regulation , table 47.4 at the State at low water to the landward boundary of the marine park; and excluding the area mentioned and described in schedule 2 , section 19 .\n- (a) the person is permitted to enter or use the area to carry out the netting under part 2 ; and\n- (b) the person when carrying out the netting complies with the applicable provisions of the Fisheries Declaration 2019 , chapter 2 , part 11 .\n- (a) no netting, other than bait netting within the meaning of the Commonwealth Regulation , may be carried out in the Commonwealth no netting area; and\n- (b) the use of a mesh net in the State restricted netting area must comply with the Commonwealth Regulation , regulation 47.\n- (a) the Commonwealth restricted netting area; and\n- (a) the area of the marine park worked out by— (i) extending the part of the area described in the Commonwealth Regulation , table 47.4 at the State at low water to the landward boundary of the marine park; and (ii) excluding the area mentioned and described in schedule 2 , section 19 .\n- (i) extending the part of the area described in the Commonwealth Regulation , table 47.4 at the State at low water to the landward boundary of the marine park; and\n- (ii) excluding the area mentioned and described in schedule 2 , section 19 .\n- (i) extending the part of the area described in the Commonwealth Regulation , table 47.4 at the State at low water to the landward boundary of the marine park; and\n- (ii) excluding the area mentioned and described in schedule 2 , section 19 .","sortOrder":79},{"sectionNumber":"pt.3-div.6","sectionType":"division","heading":"Restricted access special management areas","content":"## Restricted access special management areas","sortOrder":80},{"sectionNumber":"sec.57","sectionType":"section","heading":"Restricted access special management areas","content":"### sec.57 Restricted access special management areas\n\nAn area of the marine park mentioned and described in schedule 8 , part 5 , is a restricted access special management area.\nA restricted access special management area may be the whole or part of 1 or more zones.\n(sec.57-ssec.1) An area of the marine park mentioned and described in schedule 8 , part 5 , is a restricted access special management area.\n(sec.57-ssec.2) A restricted access special management area may be the whole or part of 1 or more zones.","sortOrder":81},{"sectionNumber":"sec.58","sectionType":"section","heading":"Objective","content":"### sec.58 Objective\n\nThe objective for each restricted access area is to restrict access to, or the use of, the area for conservation purposes or for managing activities carried out in the area, including, for example, restrictions for the following—\nthe conservation of wildlife;\nthe conservation of cultural or natural resources;\nensuring public safety;\nproviding for restrictions consistent with any other Act.\n- (a) the conservation of wildlife;\n- (b) the conservation of cultural or natural resources;\n- (c) ensuring public safety;\n- (d) providing for restrictions consistent with any other Act.","sortOrder":82},{"sectionNumber":"sec.59","sectionType":"section","heading":"Special management provision—general","content":"### sec.59 Special management provision—general\n\nThis section is subject to sections 60 and 61 .\nA provision of part 2 that authorises a person to enter or use an area of the marine park without permission does not apply to a restricted access special management area.\nHowever, the chief executive may grant a person a permission to enter or use an area of the marine park within a restricted access special management area for a purpose mentioned in a provision mentioned in subsection (2) .\nA permission, other than a permission mentioned in subsection (3) , granted by the chief executive to enter or use an area of the marine park that is within a restricted access special management area does not authorise the holder of the permission to enter the restricted access special management area.\nHowever, the holder may apply to the chief executive for an additional permission to enter the restricted access special management area.\n(sec.59-ssec.1) This section is subject to sections 60 and 61 .\n(sec.59-ssec.2) A provision of part 2 that authorises a person to enter or use an area of the marine park without permission does not apply to a restricted access special management area.\n(sec.59-ssec.3) However, the chief executive may grant a person a permission to enter or use an area of the marine park within a restricted access special management area for a purpose mentioned in a provision mentioned in subsection (2) .\n(sec.59-ssec.4) A permission, other than a permission mentioned in subsection (3) , granted by the chief executive to enter or use an area of the marine park that is within a restricted access special management area does not authorise the holder of the permission to enter the restricted access special management area.\n(sec.59-ssec.5) However, the holder may apply to the chief executive for an additional permission to enter the restricted access special management area.","sortOrder":83},{"sectionNumber":"sec.60","sectionType":"section","heading":"Special management provision—Australian Institute of Marine Science restricted access special management areas","content":"### sec.60 Special management provision—Australian Institute of Marine Science restricted access special management areas\n\nDespite section 59 , the Australian Institute of Marine Science, or a person acting for the Institute, may enter or use the Australian Institute of Marine Science restricted access special management area for an activity—\nthat is associated with the operation of the research facility that—\nis operated by the Institute for carrying out its functions under the Australian Institute of Marine Science Act 1972 (Cwlth) ; and\nSee the Australian Institute of Marine Science Act 1972 (Cwlth) , section 9 (Functions of Institute).\nis located adjacent to the area; and\nfor which the Institute has permission or does not, under part 2 , require permission.\nIn this section—\nAustralian Institute of Marine Science means the institute continued in existence under the Australian Institute of Marine Science Act 1972 (Cwlth) , section 7 .\nAustralian Institute of Marine Science restricted access special management area means the area that is the combined area of the following—\nthe area of the marine park within the Commonwealth Australian Institute of Marine Science restricted access special management area;\nthe area of the marine park worked out by extending the part of the Commonwealth Australian Institute of Marine Science restricted access special management area at the State at low water to the landward boundary of the marine park.\nCommonwealth Australian Institute of Marine Science restricted access special management area means the area described in the Commonwealth Zoning Plan , schedule 1 , part 5 , item 5.08.\nCommonwealth Zoning Plan , schedule 1 (Amalgamated Great Barrier Reef Section—descriptions of Zones and Areas), part 5 (Scientific Research Zone), item 5.08 ([SR-19-2008] Australian Institute of Marine Science). See also, the Commonwealth Regulation , table 52 (Restricted Access SMAs), part 4 (Areas described by reference to the Zoning Plan).\n(sec.60-ssec.1) Despite section 59 , the Australian Institute of Marine Science, or a person acting for the Institute, may enter or use the Australian Institute of Marine Science restricted access special management area for an activity— that is associated with the operation of the research facility that— is operated by the Institute for carrying out its functions under the Australian Institute of Marine Science Act 1972 (Cwlth) ; and See the Australian Institute of Marine Science Act 1972 (Cwlth) , section 9 (Functions of Institute). is located adjacent to the area; and for which the Institute has permission or does not, under part 2 , require permission.\n(sec.60-ssec.2) In this section— Australian Institute of Marine Science means the institute continued in existence under the Australian Institute of Marine Science Act 1972 (Cwlth) , section 7 . Australian Institute of Marine Science restricted access special management area means the area that is the combined area of the following— the area of the marine park within the Commonwealth Australian Institute of Marine Science restricted access special management area; the area of the marine park worked out by extending the part of the Commonwealth Australian Institute of Marine Science restricted access special management area at the State at low water to the landward boundary of the marine park. Commonwealth Australian Institute of Marine Science restricted access special management area means the area described in the Commonwealth Zoning Plan , schedule 1 , part 5 , item 5.08. Commonwealth Zoning Plan , schedule 1 (Amalgamated Great Barrier Reef Section—descriptions of Zones and Areas), part 5 (Scientific Research Zone), item 5.08 ([SR-19-2008] Australian Institute of Marine Science). See also, the Commonwealth Regulation , table 52 (Restricted Access SMAs), part 4 (Areas described by reference to the Zoning Plan).\n- (a) that is associated with the operation of the research facility that— (i) is operated by the Institute for carrying out its functions under the Australian Institute of Marine Science Act 1972 (Cwlth) ; and Note— See the Australian Institute of Marine Science Act 1972 (Cwlth) , section 9 (Functions of Institute). (ii) is located adjacent to the area; and\n- (i) is operated by the Institute for carrying out its functions under the Australian Institute of Marine Science Act 1972 (Cwlth) ; and Note— See the Australian Institute of Marine Science Act 1972 (Cwlth) , section 9 (Functions of Institute).\n- (ii) is located adjacent to the area; and\n- (b) for which the Institute has permission or does not, under part 2 , require permission.\n- (i) is operated by the Institute for carrying out its functions under the Australian Institute of Marine Science Act 1972 (Cwlth) ; and Note— See the Australian Institute of Marine Science Act 1972 (Cwlth) , section 9 (Functions of Institute).\n- (ii) is located adjacent to the area; and\n- (a) the area of the marine park within the Commonwealth Australian Institute of Marine Science restricted access special management area;\n- (b) the area of the marine park worked out by extending the part of the Commonwealth Australian Institute of Marine Science restricted access special management area at the State at low water to the landward boundary of the marine park.","sortOrder":84},{"sectionNumber":"sec.61","sectionType":"section","heading":"Special management provision—One Tree Island Reef restricted access special management areas","content":"### sec.61 Special management provision—One Tree Island Reef restricted access special management areas\n\nDespite section 59 , the University of Sydney, or a person acting for the University, may enter or use the One Tree Island Reef restricted access special management area for an activity—\nthat is associated with the operation of the research facility that—\nis operated by the University for carrying out its object and functions under the University of Sydney Act 1989 (NSW) ; and\nSee the University of Sydney Act 1989 (NSW) , section 6 (Object and functions of University).\nis located at One Tree Island; and\nfor which the University has permission or does not, under part 2 , require permission.\nIn this section—\nCommonwealth One Tree Island Reef restricted access special management area means the area described in the Commonwealth Zoning Plan , schedule 1 , part 5 , item 5.10.\nCommonwealth Zoning Plan , schedule 1 (Amalgamated Great Barrier Reef Section—descriptions of Zones and Areas), part 5 (Scientific Research Zone), item 5.10 ([SR-23-2010] One Tree Island Reef (23-055)). See also, the Commonwealth Regulation , table 52 (Restricted Access SMAs), part 4 (Areas described by reference to the Zoning Plan).\nOne Tree Island Reef restricted access special management area means the area that is the combined area of the following—\nthe area of the marine park within the Commonwealth One Tree Island Reef restricted access special management area;\nthe area of the marine park worked out by extending the part of the Commonwealth One Tree Island Reef restricted access special management area at the State at low water to the landward boundary of the marine park.\nUniversity of Sydney means the University of Sydney established under the University of Sydney Act 1989 (NSW) , section 4 .\n(sec.61-ssec.1) Despite section 59 , the University of Sydney, or a person acting for the University, may enter or use the One Tree Island Reef restricted access special management area for an activity— that is associated with the operation of the research facility that— is operated by the University for carrying out its object and functions under the University of Sydney Act 1989 (NSW) ; and See the University of Sydney Act 1989 (NSW) , section 6 (Object and functions of University). is located at One Tree Island; and for which the University has permission or does not, under part 2 , require permission.\n(sec.61-ssec.2) In this section— Commonwealth One Tree Island Reef restricted access special management area means the area described in the Commonwealth Zoning Plan , schedule 1 , part 5 , item 5.10. Commonwealth Zoning Plan , schedule 1 (Amalgamated Great Barrier Reef Section—descriptions of Zones and Areas), part 5 (Scientific Research Zone), item 5.10 ([SR-23-2010] One Tree Island Reef (23-055)). See also, the Commonwealth Regulation , table 52 (Restricted Access SMAs), part 4 (Areas described by reference to the Zoning Plan). One Tree Island Reef restricted access special management area means the area that is the combined area of the following— the area of the marine park within the Commonwealth One Tree Island Reef restricted access special management area; the area of the marine park worked out by extending the part of the Commonwealth One Tree Island Reef restricted access special management area at the State at low water to the landward boundary of the marine park. University of Sydney means the University of Sydney established under the University of Sydney Act 1989 (NSW) , section 4 .\n- (a) that is associated with the operation of the research facility that— (i) is operated by the University for carrying out its object and functions under the University of Sydney Act 1989 (NSW) ; and Note— See the University of Sydney Act 1989 (NSW) , section 6 (Object and functions of University). (ii) is located at One Tree Island; and\n- (i) is operated by the University for carrying out its object and functions under the University of Sydney Act 1989 (NSW) ; and Note— See the University of Sydney Act 1989 (NSW) , section 6 (Object and functions of University).\n- (ii) is located at One Tree Island; and\n- (b) for which the University has permission or does not, under part 2 , require permission.\n- (i) is operated by the University for carrying out its object and functions under the University of Sydney Act 1989 (NSW) ; and Note— See the University of Sydney Act 1989 (NSW) , section 6 (Object and functions of University).\n- (ii) is located at One Tree Island; and\n- (a) the area of the marine park within the Commonwealth One Tree Island Reef restricted access special management area;\n- (b) the area of the marine park worked out by extending the part of the Commonwealth One Tree Island Reef restricted access special management area at the State at low water to the landward boundary of the marine park.","sortOrder":85},{"sectionNumber":"pt.3-div.7","sectionType":"division","heading":"Public appreciation special management areas","content":"## Public appreciation special management areas","sortOrder":86},{"sectionNumber":"sec.62","sectionType":"section","heading":"Public appreciation special management areas","content":"### sec.62 Public appreciation special management areas\n\nAn area of the marine park mentioned and described in schedule 8 , part 6 , is a public appreciation special management area.\nA public appreciation special management area may be the whole or part of 1 or more zones.\n(sec.62-ssec.1) An area of the marine park mentioned and described in schedule 8 , part 6 , is a public appreciation special management area.\n(sec.62-ssec.2) A public appreciation special management area may be the whole or part of 1 or more zones.","sortOrder":87},{"sectionNumber":"sec.63","sectionType":"section","heading":"Objective","content":"### sec.63 Objective\n\nThe objective for each public appreciation special management area is to restrict access to, or the use of, the area to provide opportunities for the appreciation of the areas by the public.","sortOrder":88},{"sectionNumber":"sec.64","sectionType":"section","heading":"Special management provision","content":"### sec.64 Special management provision\n\nDespite part 2 , a person may not enter or use, without permission, an area of a public appreciation special management area for an unauthorised purpose.\nSubsection (1) does not apply to the following—\na person entering or using the Fitzroy Island Reef public appreciation special management area for conducting an aquaculture operation;\na person entering or using a part of the Whitsundays public appreciation special management area that is not within the conservation park zone.\nAlso, despite part 2 , the chief executive must not grant a permission to a person for an area of a public appreciation special management area for an unauthorised purpose.\nSubsection (3) does not apply to the grant of the following—\na permission to enter or use the Fitzroy Island Reef public appreciation special management area for conducting an aquaculture operation;\na permission to enter or use a part of the Whitsundays public appreciation special management area that is not within the conservation park zone.\nIn this section—\nCommonwealth Fitzroy Island Reef public appreciation special management area means the area described in the Commonwealth Regulation , table 57, part 1 .\nCommonwealth Whitsundays public appreciation special management area means the area described in the Commonwealth Regulation , table 57, part 4 .\nFitzroy Island Reef public appreciation special management area means the area that is the combined area of the following—\nthe area of the marine park within the Commonwealth Fitzroy Island Reef public appreciation special management area;\nthe area of the marine park worked out by extending the part of the Commonwealth Fitzroy Island Reef public appreciation special management area that is at the State at low water to the landward boundary of the marine park.\nunauthorised purpose means each of the following—\nlimited spearfishing;\nconducting a harvest fishery;\nconducting an aquaculture operation.\nWhitsundays public appreciation special management area means the area that is the combined area of the following—\nthe area of the marine park within the Commonwealth Whitsundays public appreciation special management area;\nthe area of the marine park worked out by extending the part of the Commonwealth Whitsundays public appreciation special management area that is at the State at low water to the landward boundary of the marine park.\ns 64 amd 2005 SL No. 12 s 7\n(sec.64-ssec.1) Despite part 2 , a person may not enter or use, without permission, an area of a public appreciation special management area for an unauthorised purpose.\n(sec.64-ssec.2) Subsection (1) does not apply to the following— a person entering or using the Fitzroy Island Reef public appreciation special management area for conducting an aquaculture operation; a person entering or using a part of the Whitsundays public appreciation special management area that is not within the conservation park zone.\n(sec.64-ssec.3) Also, despite part 2 , the chief executive must not grant a permission to a person for an area of a public appreciation special management area for an unauthorised purpose.\n(sec.64-ssec.4) Subsection (3) does not apply to the grant of the following— a permission to enter or use the Fitzroy Island Reef public appreciation special management area for conducting an aquaculture operation; a permission to enter or use a part of the Whitsundays public appreciation special management area that is not within the conservation park zone.\n(sec.64-ssec.5) In this section— Commonwealth Fitzroy Island Reef public appreciation special management area means the area described in the Commonwealth Regulation , table 57, part 1 . Commonwealth Whitsundays public appreciation special management area means the area described in the Commonwealth Regulation , table 57, part 4 . Fitzroy Island Reef public appreciation special management area means the area that is the combined area of the following— the area of the marine park within the Commonwealth Fitzroy Island Reef public appreciation special management area; the area of the marine park worked out by extending the part of the Commonwealth Fitzroy Island Reef public appreciation special management area that is at the State at low water to the landward boundary of the marine park. unauthorised purpose means each of the following— limited spearfishing; conducting a harvest fishery; conducting an aquaculture operation. Whitsundays public appreciation special management area means the area that is the combined area of the following— the area of the marine park within the Commonwealth Whitsundays public appreciation special management area; the area of the marine park worked out by extending the part of the Commonwealth Whitsundays public appreciation special management area that is at the State at low water to the landward boundary of the marine park.\n- (a) a person entering or using the Fitzroy Island Reef public appreciation special management area for conducting an aquaculture operation;\n- (b) a person entering or using a part of the Whitsundays public appreciation special management area that is not within the conservation park zone.\n- (a) a permission to enter or use the Fitzroy Island Reef public appreciation special management area for conducting an aquaculture operation;\n- (b) a permission to enter or use a part of the Whitsundays public appreciation special management area that is not within the conservation park zone.\n- (a) the area of the marine park within the Commonwealth Fitzroy Island Reef public appreciation special management area;\n- (b) the area of the marine park worked out by extending the part of the Commonwealth Fitzroy Island Reef public appreciation special management area that is at the State at low water to the landward boundary of the marine park.\n- (a) limited spearfishing;\n- (b) conducting a harvest fishery;\n- (c) conducting an aquaculture operation.\n- (a) the area of the marine park within the Commonwealth Whitsundays public appreciation special management area;\n- (b) the area of the marine park worked out by extending the part of the Commonwealth Whitsundays public appreciation special management area that is at the State at low water to the landward boundary of the marine park.","sortOrder":89},{"sectionNumber":"pt.3-div.8","sectionType":"division","heading":"No dories detached (marine national park zone) special management areas","content":"## No dories detached (marine national park zone) special management areas","sortOrder":90},{"sectionNumber":"sec.65","sectionType":"section","heading":"No dories detached (marine national park zone) special management areas","content":"### sec.65 No dories detached (marine national park zone) special management areas\n\nEach area of the marine park within the area mentioned in schedule 8 , part 7 , is a no dories detached (marine national park zone) special management area.","sortOrder":91},{"sectionNumber":"sec.66","sectionType":"section","heading":"Objective","content":"### sec.66 Objective\n\nThe objective for each no dories detached (marine national park zone) special management area is to restrict access to, or the use of, the area for the conservation of natural resources.","sortOrder":92},{"sectionNumber":"sec.67","sectionType":"section","heading":"Special management provision","content":"### sec.67 Special management provision\n\nDespite part 2 , a person may bring a dory into a no dories detached (marine national park zone) special management area only if the dory is attached to the relevant primary boat for the dory at all times while the dory is in the area.\nSubsection (1) does not apply for a time when the dory is being used—\nto save the life of, or to avoid injury to, an individual; or\nto locate, or to secure the safety of, an aircraft, vessel or structure to prevent or minimise damage to the environment or to the aircraft, vessel or structure; or\nto move a person from land to the relevant primary boat for the dory, or from the relevant primary boat to land, if—\nthe journey is direct; and\nthe relevant primary boat remains within 1n mile of the dory and the land; or\nin the Night Island area if the dory remains within 500m of a fishing industry service vessel for which a permission is in force; or\nto navigate to an area outside the special management area if—\nthe journey is direct; and\nany equipment, on the dory, that is normally used for fishing or collecting is stowed or secured when the dory is in the special management area; and\nthe dory remains within 1n mile of land while it is in the special management area.\nIn this section—\nCommonwealth Night Island area means the area described in the Commonwealth Zoning Plan , schedule 1 , part 6 , item 6.15.\nNight Island area means the area that is the combined area of the following—\nthe area of the marine park that is within the Commonwealth Night Island area;\nthe area of the marine park that is worked out by extending the part of the Commonwealth Night Island area that is at the State at low water to the landward boundary of the marine park.\ns 67 amd 2005 SL No. 12 s 8 ; 2007 SL No. 108 s 4\n(sec.67-ssec.1) Despite part 2 , a person may bring a dory into a no dories detached (marine national park zone) special management area only if the dory is attached to the relevant primary boat for the dory at all times while the dory is in the area.\n(sec.67-ssec.2) Subsection (1) does not apply for a time when the dory is being used— to save the life of, or to avoid injury to, an individual; or to locate, or to secure the safety of, an aircraft, vessel or structure to prevent or minimise damage to the environment or to the aircraft, vessel or structure; or to move a person from land to the relevant primary boat for the dory, or from the relevant primary boat to land, if— the journey is direct; and the relevant primary boat remains within 1n mile of the dory and the land; or in the Night Island area if the dory remains within 500m of a fishing industry service vessel for which a permission is in force; or to navigate to an area outside the special management area if— the journey is direct; and any equipment, on the dory, that is normally used for fishing or collecting is stowed or secured when the dory is in the special management area; and the dory remains within 1n mile of land while it is in the special management area.\n(sec.67-ssec.3) In this section— Commonwealth Night Island area means the area described in the Commonwealth Zoning Plan , schedule 1 , part 6 , item 6.15. Night Island area means the area that is the combined area of the following— the area of the marine park that is within the Commonwealth Night Island area; the area of the marine park that is worked out by extending the part of the Commonwealth Night Island area that is at the State at low water to the landward boundary of the marine park.\n- (a) to save the life of, or to avoid injury to, an individual; or\n- (b) to locate, or to secure the safety of, an aircraft, vessel or structure to prevent or minimise damage to the environment or to the aircraft, vessel or structure; or\n- (c) to move a person from land to the relevant primary boat for the dory, or from the relevant primary boat to land, if— (i) the journey is direct; and (ii) the relevant primary boat remains within 1n mile of the dory and the land; or\n- (i) the journey is direct; and\n- (ii) the relevant primary boat remains within 1n mile of the dory and the land; or\n- (d) in the Night Island area if the dory remains within 500m of a fishing industry service vessel for which a permission is in force; or\n- (e) to navigate to an area outside the special management area if— (i) the journey is direct; and (ii) any equipment, on the dory, that is normally used for fishing or collecting is stowed or secured when the dory is in the special management area; and (iii) the dory remains within 1n mile of land while it is in the special management area.\n- (i) the journey is direct; and\n- (ii) any equipment, on the dory, that is normally used for fishing or collecting is stowed or secured when the dory is in the special management area; and\n- (iii) the dory remains within 1n mile of land while it is in the special management area.\n- (i) the journey is direct; and\n- (ii) the relevant primary boat remains within 1n mile of the dory and the land; or\n- (i) the journey is direct; and\n- (ii) any equipment, on the dory, that is normally used for fishing or collecting is stowed or secured when the dory is in the special management area; and\n- (iii) the dory remains within 1n mile of land while it is in the special management area.\n- (a) the area of the marine park that is within the Commonwealth Night Island area;\n- (b) the area of the marine park that is worked out by extending the part of the Commonwealth Night Island area that is at the State at low water to the landward boundary of the marine park.","sortOrder":93},{"sectionNumber":"pt.3-div.9","sectionType":"division","heading":"One dory detached (conservation park zone) special management areas","content":"## One dory detached (conservation park zone) special management areas","sortOrder":94},{"sectionNumber":"sec.68","sectionType":"section","heading":"One dory detached (conservation park zone) special management areas","content":"### sec.68 One dory detached (conservation park zone) special management areas\n\nEach area of the marine park within the area mentioned in schedule 8 , part 8 , is a one dory detached (conservation park zone) special management area.","sortOrder":95},{"sectionNumber":"sec.69","sectionType":"section","heading":"Objective","content":"### sec.69 Objective\n\nThe objective for each one dory detached (conservation park zone) special management area is to restrict access to, or the use of, the area for the conservation of natural resources.","sortOrder":96},{"sectionNumber":"sec.70","sectionType":"section","heading":"Special management provision","content":"### sec.70 Special management provision\n\nThis section is subject to division 14 .\nDespite part 2 , a person may use a primary commercial fishing boat in a one dory detached (conservation park zone) special management area only if not more than 1 dory is detached from the boat at any time while the boat is in the area.\n(sec.70-ssec.1) This section is subject to division 14 .\n(sec.70-ssec.2) Despite part 2 , a person may use a primary commercial fishing boat in a one dory detached (conservation park zone) special management area only if not more than 1 dory is detached from the boat at any time while the boat is in the area.","sortOrder":97},{"sectionNumber":"pt.3-div.10","sectionType":"division","heading":"One dory detached (buffer zone) special management areas","content":"## One dory detached (buffer zone) special management areas","sortOrder":98},{"sectionNumber":"sec.71","sectionType":"section","heading":"One dory detached (buffer zone) special management areas","content":"### sec.71 One dory detached (buffer zone) special management areas\n\nEach area of the marine park within the area mentioned in schedule 8 , part 9 , is a one dory detached (buffer zone) special management areas.","sortOrder":99},{"sectionNumber":"sec.72","sectionType":"section","heading":"Objective","content":"### sec.72 Objective\n\nThe objective for each one dory detached (buffer zone) special management area is to restrict access to, or the use of, the area for the conservation of natural resources.","sortOrder":100},{"sectionNumber":"sec.73","sectionType":"section","heading":"Special management provision","content":"### sec.73 Special management provision\n\nDespite part 2 , a person may use a primary commercial fishing boat in a one dory detached (buffer zone) special management area only if not more than 1 dory is detached from the boat at any time while the boat is in the area.","sortOrder":101},{"sectionNumber":"sec.74","sectionType":"section","heading":null,"content":"### Section sec.74\n\ns 74 exp 30 November 2005 (see s 78)","sortOrder":102},{"sectionNumber":"sec.75","sectionType":"section","heading":null,"content":"### Section sec.75\n\ns 75 exp 30 November 2005 (see s 78)","sortOrder":103},{"sectionNumber":"sec.76","sectionType":"section","heading":null,"content":"### Section sec.76\n\ns 76 exp 30 November 2005 (see s 78)","sortOrder":104},{"sectionNumber":"sec.77","sectionType":"section","heading":null,"content":"### Section sec.77\n\ns 77 exp 5 March 2005 (see s 77(3))","sortOrder":105},{"sectionNumber":"sec.78","sectionType":"section","heading":null,"content":"### Section sec.78\n\ns 78 exp 30 November 2005 (see s 78)","sortOrder":106},{"sectionNumber":"pt.3-div.12","sectionType":"division","heading":"Seasonal closure areas","content":"## Seasonal closure areas","sortOrder":107},{"sectionNumber":"sec.79","sectionType":"section","heading":"Seasonal closure areas","content":"### sec.79 Seasonal closure areas\n\nAn area of the marine park mentioned and described in schedule 8 , part 11 , is a seasonal closure area.\nA seasonal closure area may be the whole or part of 1 or more zones.\nThe boundary of an area described in schedule 8 , part 11 , by reference to a beach changes as the tide changes.\n(sec.79-ssec.1) An area of the marine park mentioned and described in schedule 8 , part 11 , is a seasonal closure area.\n(sec.79-ssec.2) A seasonal closure area may be the whole or part of 1 or more zones.\n(sec.79-ssec.3) The boundary of an area described in schedule 8 , part 11 , by reference to a beach changes as the tide changes.","sortOrder":108},{"sectionNumber":"sec.80","sectionType":"section","heading":"Objective","content":"### sec.80 Objective\n\nThe objective for each seasonal closure area is to protect areas of the marine park that are important to particular animals within the marine park from human intrusion during particular periods, not exceeding 6 months, in a year.","sortOrder":109},{"sectionNumber":"sec.81","sectionType":"section","heading":"Special management provision","content":"### sec.81 Special management provision\n\nDespite part 2 , a person may enter or use a seasonal closure area during the closed period for the area without permission only for the following purposes—\nto operate aircraft at an altitude of not less than 500ft above the ground or water;\nto navigate a vessel to an island if—\nthe person is authorised to enter the island under an Act; and\nany equipment normally used for fishing or collecting on board the vessel is stowed or secured.\nAlso, despite part 2 , the chief executive may grant a permission to a person for a seasonal closure area that applies during the closed period only for—\nscientific research that can not be carried out at a place not within the area; or\na purpose that is consistent with the objective for—\nseasonal closure areas; and\nthe zone within which the area is located.\nIn this section—\nclosed period , for a seasonal closure area, means—\nfor a seasonal closure area mentioned in schedule 9 —the period stated in schedule 9 opposite the area; or\nfor another seasonal closure area—the period of closure decided by the chief executive for the area and—\nstated in a public notice; and\npublished on the department’s website on the internet.\ns 81 amd 2006 SL No. 224 s 13\n(sec.81-ssec.1) Despite part 2 , a person may enter or use a seasonal closure area during the closed period for the area without permission only for the following purposes— to operate aircraft at an altitude of not less than 500ft above the ground or water; to navigate a vessel to an island if— the person is authorised to enter the island under an Act; and any equipment normally used for fishing or collecting on board the vessel is stowed or secured.\n(sec.81-ssec.2) Also, despite part 2 , the chief executive may grant a permission to a person for a seasonal closure area that applies during the closed period only for— scientific research that can not be carried out at a place not within the area; or a purpose that is consistent with the objective for— seasonal closure areas; and the zone within which the area is located.\n(sec.81-ssec.3) In this section— closed period , for a seasonal closure area, means— for a seasonal closure area mentioned in schedule 9 —the period stated in schedule 9 opposite the area; or for another seasonal closure area—the period of closure decided by the chief executive for the area and— stated in a public notice; and published on the department’s website on the internet.\n- (a) to operate aircraft at an altitude of not less than 500ft above the ground or water;\n- (b) to navigate a vessel to an island if— (i) the person is authorised to enter the island under an Act; and (ii) any equipment normally used for fishing or collecting on board the vessel is stowed or secured.\n- (i) the person is authorised to enter the island under an Act; and\n- (ii) any equipment normally used for fishing or collecting on board the vessel is stowed or secured.\n- (i) the person is authorised to enter the island under an Act; and\n- (ii) any equipment normally used for fishing or collecting on board the vessel is stowed or secured.\n- (a) scientific research that can not be carried out at a place not within the area; or\n- (b) a purpose that is consistent with the objective for— (i) seasonal closure areas; and (ii) the zone within which the area is located.\n- (i) seasonal closure areas; and\n- (ii) the zone within which the area is located.\n- (i) seasonal closure areas; and\n- (ii) the zone within which the area is located.\n- (a) for a seasonal closure area mentioned in schedule 9 —the period stated in schedule 9 opposite the area; or\n- (b) for another seasonal closure area—the period of closure decided by the chief executive for the area and— (i) stated in a public notice; and (ii) published on the department’s website on the internet.\n- (i) stated in a public notice; and\n- (ii) published on the department’s website on the internet.\n- (i) stated in a public notice; and\n- (ii) published on the department’s website on the internet.","sortOrder":110},{"sectionNumber":"pt.3-div.13","sectionType":"division","heading":"Michaelmas Cay restricted access area","content":"## Michaelmas Cay restricted access area","sortOrder":111},{"sectionNumber":"sec.82","sectionType":"section","heading":"Michaelmas Cay restricted access area","content":"### sec.82 Michaelmas Cay restricted access area\n\nThe area of the marine park mentioned and described in schedule 8 , part 12 , is the Michaelmas Cay restricted access area.\nThe Michaelmas Cay restricted access area is within the marine national park zone.\n(sec.82-ssec.1) The area of the marine park mentioned and described in schedule 8 , part 12 , is the Michaelmas Cay restricted access area.\n(sec.82-ssec.2) The Michaelmas Cay restricted access area is within the marine national park zone.","sortOrder":112},{"sectionNumber":"sec.83","sectionType":"section","heading":"Objective","content":"### sec.83 Objective\n\nThe objective for the Michaelmas Cay restricted access area is to protect particular animals within the area from human intrusion.","sortOrder":113},{"sectionNumber":"sec.84","sectionType":"section","heading":"Accessible area for Michaelmas Cay restricted access area","content":"### sec.84 Accessible area for Michaelmas Cay restricted access area\n\nThe chief executive may identify an accessible area for the Michaelmas Cay restricted access area by placing a rope on the beach adjoining Michaelmas Cay in a way that ensures—\na part of the rope runs along the beach; and\nthe ends of the rope point seaward.\nThe accessible area must be worked out by extending the ends of the rope mentioned in subsection (1) to low water.\nThe accessible area is the area formed by the following lines—\nthe line made by the part of the rope that runs along the beach;\nthe lines that run along the ends of the rope and extend the ends to low water;\nthe line that runs along low water between the lines mentioned in paragraph (b) .\n(sec.84-ssec.1) The chief executive may identify an accessible area for the Michaelmas Cay restricted access area by placing a rope on the beach adjoining Michaelmas Cay in a way that ensures— a part of the rope runs along the beach; and the ends of the rope point seaward.\n(sec.84-ssec.2) The accessible area must be worked out by extending the ends of the rope mentioned in subsection (1) to low water.\n(sec.84-ssec.3) The accessible area is the area formed by the following lines— the line made by the part of the rope that runs along the beach; the lines that run along the ends of the rope and extend the ends to low water; the line that runs along low water between the lines mentioned in paragraph (b) .\n- (a) a part of the rope runs along the beach; and\n- (b) the ends of the rope point seaward.\n- (a) the line made by the part of the rope that runs along the beach;\n- (b) the lines that run along the ends of the rope and extend the ends to low water;\n- (c) the line that runs along low water between the lines mentioned in paragraph (b) .","sortOrder":114},{"sectionNumber":"sec.85","sectionType":"section","heading":"Special management provision","content":"### sec.85 Special management provision\n\nDespite part 2 , a person may enter or use only the part of the Michaelmas Cay restricted access area that is within the accessible area for the restricted access area.\nAlso, despite part 2 , a person may enter or use the accessible area without permission—\nonly for a purpose or activity—\nfor which a person may enter or use the marine national park zone without permission; and\nthat does not involve disturbing a bird in the area; and\nonly between 9.30a.m. and 3p.m. on the same day.\nflying a kite or using a beach umbrella or horn\nAlso, despite part 2 , the chief executive may grant a permission to a person for an area within the Michaelmas Cay restricted access area only for scientific research relating to the conservation of the area.\n(sec.85-ssec.1) Despite part 2 , a person may enter or use only the part of the Michaelmas Cay restricted access area that is within the accessible area for the restricted access area.\n(sec.85-ssec.2) Also, despite part 2 , a person may enter or use the accessible area without permission— only for a purpose or activity— for which a person may enter or use the marine national park zone without permission; and that does not involve disturbing a bird in the area; and only between 9.30a.m. and 3p.m. on the same day. flying a kite or using a beach umbrella or horn\n(sec.85-ssec.3) Also, despite part 2 , the chief executive may grant a permission to a person for an area within the Michaelmas Cay restricted access area only for scientific research relating to the conservation of the area.\n- (a) only for a purpose or activity— (i) for which a person may enter or use the marine national park zone without permission; and (ii) that does not involve disturbing a bird in the area; and\n- (i) for which a person may enter or use the marine national park zone without permission; and\n- (ii) that does not involve disturbing a bird in the area; and\n- (b) only between 9.30a.m. and 3p.m. on the same day. Examples of activities that involve disturbing birds— flying a kite or using a beach umbrella or horn\n- (i) for which a person may enter or use the marine national park zone without permission; and\n- (ii) that does not involve disturbing a bird in the area; and","sortOrder":115},{"sectionNumber":"pt.3-div.14","sectionType":"division","heading":"Commercial crab fishery areas","content":"## Commercial crab fishery areas","sortOrder":116},{"sectionNumber":"sec.86","sectionType":"section","heading":"Commercial crab fishery area","content":"### sec.86 Commercial crab fishery area\n\nEach area of the marine park mentioned and described in schedule 8 , part 13 , is a commercial crab fishery area.\nA commercial crab fishery may be the whole or part of 1 or more zones.\n(sec.86-ssec.1) Each area of the marine park mentioned and described in schedule 8 , part 13 , is a commercial crab fishery area.\n(sec.86-ssec.2) A commercial crab fishery may be the whole or part of 1 or more zones.","sortOrder":117},{"sectionNumber":"sec.87","sectionType":"section","heading":"Objective","content":"### sec.87 Objective\n\nThe objective for each commercial crab fishery area is to allow commercial crab fishing in the area.","sortOrder":118},{"sectionNumber":"sec.88","sectionType":"section","heading":"Special management provision","content":"### sec.88 Special management provision\n\nDespite part 2 , a person may enter or use a commercial crab fishery area without permission for taking crabs, other than spanner crabs, if—\nthe person holds a commercial fisher licence with the fishery symbol ‘C1’ written on it; and\nthe person complies with the Fisheries Act 1994 .\nSee, in particular, the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 7 , part 1 .\nAlso, despite division 9 , the person may detach, within the area, more than 1 dory from a primary commercial fishing boat for taking crabs under subsection (2) .\nIn this section—\ncommercial fisher licence means a commercial fisher licence issued under the Fisheries Act 1994 .\ns 88 amd 2019 SL No. 71 s 59 sch 1 ; 2019 SL No. 179 s 152 sch 12\n(sec.88-ssec.1) Despite part 2 , a person may enter or use a commercial crab fishery area without permission for taking crabs, other than spanner crabs, if— the person holds a commercial fisher licence with the fishery symbol ‘C1’ written on it; and the person complies with the Fisheries Act 1994 . See, in particular, the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 7 , part 1 .\n(sec.88-ssec.2) Also, despite division 9 , the person may detach, within the area, more than 1 dory from a primary commercial fishing boat for taking crabs under subsection (2) .\n(sec.88-ssec.3) In this section— commercial fisher licence means a commercial fisher licence issued under the Fisheries Act 1994 .\n- (a) the person holds a commercial fisher licence with the fishery symbol ‘C1’ written on it; and\n- (b) the person complies with the Fisheries Act 1994 . Note— See, in particular, the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 7 , part 1 .","sortOrder":119},{"sectionNumber":"sec.89","sectionType":"section","heading":null,"content":"### Section sec.89\n\ns 89 om 2006 SL No. 224 s 14","sortOrder":120},{"sectionNumber":"pt.4","sectionType":"part","heading":"Additional purposes for entry or use","content":"# Additional purposes for entry or use","sortOrder":121},{"sectionNumber":"sec.90","sectionType":"section","heading":"Entry or use without permission after notification","content":"### sec.90 Entry or use without permission after notification\n\nA person may enter or use an area within the marine park for a purpose mentioned in the Commonwealth Zoning Plan , section 5 .2, paragraph (a) , (b) , (c) , (d) , (e) , (f) or (g) .\nHowever, a person intending to enter or use an area within the marine park for a purpose mentioned in subsection (1) must give the chief executive a notice stating the person intends to enter or use the area for the purpose.\nThe chief executive may, upon receiving the notice, impose conditions on the entry or use.\nSee section 45 of the Act and section 138 of the Regulation for offences relating to a person entering or using a marine park for a purpose for which a notice must be given to the chief executive.\nTo remove doubt, a person using or entering an area within the marine park under subsection (1) is not required to notify the Marine Park Authority of the entering or use.\ns 90 amd 2006 SL No. 224 s 15 ; 2017 SL No. 154 s 199 sch 7\n(sec.90-ssec.1) A person may enter or use an area within the marine park for a purpose mentioned in the Commonwealth Zoning Plan , section 5 .2, paragraph (a) , (b) , (c) , (d) , (e) , (f) or (g) .\n(sec.90-ssec.2) However, a person intending to enter or use an area within the marine park for a purpose mentioned in subsection (1) must give the chief executive a notice stating the person intends to enter or use the area for the purpose.\n(sec.90-ssec.3) The chief executive may, upon receiving the notice, impose conditions on the entry or use. See section 45 of the Act and section 138 of the Regulation for offences relating to a person entering or using a marine park for a purpose for which a notice must be given to the chief executive.\n(sec.90-ssec.4) To remove doubt, a person using or entering an area within the marine park under subsection (1) is not required to notify the Marine Park Authority of the entering or use.","sortOrder":122},{"sectionNumber":"sec.91","sectionType":"section","heading":"Entry or use for non-conforming use with permission","content":"### sec.91 Entry or use for non-conforming use with permission\n\nThe chief executive may grant a permission to a person for an area within the marine park mentioned in schedule 10 , column 1, for a purpose mentioned, in schedule 10 , column 2, opposite the area.\nHowever, the permission must be subject to the conditions mentioned, in schedule 10 , column 3, opposite the area.\nSubsection (2) does not limit the conditions to which the permission may be subject.\n(sec.91-ssec.1) The chief executive may grant a permission to a person for an area within the marine park mentioned in schedule 10 , column 1, for a purpose mentioned, in schedule 10 , column 2, opposite the area.\n(sec.91-ssec.2) However, the permission must be subject to the conditions mentioned, in schedule 10 , column 3, opposite the area.\n(sec.91-ssec.3) Subsection (2) does not limit the conditions to which the permission may be subject.","sortOrder":123},{"sectionNumber":"sec.92","sectionType":"section","heading":null,"content":"### Section sec.92\n\ns 92 om 2006 SL No. 224 s 17","sortOrder":124},{"sectionNumber":"sec.93","sectionType":"section","heading":null,"content":"### Section sec.93\n\ns 93 om 2006 SL No. 224 s 17","sortOrder":125},{"sectionNumber":"sec.94","sectionType":"section","heading":null,"content":"### Section sec.94\n\ns 94 om 2006 SL No. 224 s 17","sortOrder":126},{"sectionNumber":"sec.95","sectionType":"section","heading":null,"content":"### Section sec.95\n\ns 95 om 2006 SL No. 224 s 17","sortOrder":127},{"sectionNumber":"pt.5","sectionType":"part","heading":"Provisions about accredited traditional use of marine resources agreements","content":"# Provisions about accredited traditional use of marine resources agreements","sortOrder":128},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Accreditation of traditional use of marine resources agreement","content":"## Accreditation of traditional use of marine resources agreement","sortOrder":129},{"sectionNumber":"sec.96","sectionType":"section","heading":"Chief executive may accredit traditional use of marine resources agreement","content":"### sec.96 Chief executive may accredit traditional use of marine resources agreement\n\nThe chief executive may accredit a traditional use of marine resources agreement for this plan.","sortOrder":130},{"sectionNumber":"sec.97","sectionType":"section","heading":"Giving notice under this division","content":"### sec.97 Giving notice under this division\n\nThis section applies if the chief executive is required to give a notice under this division to—\nthe applicant for accreditation of a traditional use of marine resources agreement; or\nthe holder of an accredited traditional use of marine resources agreement.\nThe chief executive complies with the requirement if the chief executive gives the notice to the person stated in the application for the accreditation of the agreement as the person to whom correspondence may be sent on behalf of the traditional owner group in whose name the application is made.\n(sec.97-ssec.1) This section applies if the chief executive is required to give a notice under this division to— the applicant for accreditation of a traditional use of marine resources agreement; or the holder of an accredited traditional use of marine resources agreement.\n(sec.97-ssec.2) The chief executive complies with the requirement if the chief executive gives the notice to the person stated in the application for the accreditation of the agreement as the person to whom correspondence may be sent on behalf of the traditional owner group in whose name the application is made.\n- (a) the applicant for accreditation of a traditional use of marine resources agreement; or\n- (b) the holder of an accredited traditional use of marine resources agreement.","sortOrder":131},{"sectionNumber":"sec.98","sectionType":"section","heading":"Application for grant of accreditations","content":"### sec.98 Application for grant of accreditations\n\nA person may apply to the chief executive to accredit a traditional use of marine resources agreement.\nThe application must—\nbe in writing; and\ninclude the following information—\nthe names of all of the members of the traditional owner group in whose name the application is made;\nthe name and address of a person to whom correspondence may be sent on behalf of the traditional owner group; and\nbe accompanied by—\na copy of the agreement; and\nwritten confirmation, by a relevant representative Aboriginal/Torres Strait Islander body, that each member of the traditional owner group in whose name the application is made is a traditional owner for the part of the marine park in relation to which the agreement is to operate.\n(sec.98-ssec.1) A person may apply to the chief executive to accredit a traditional use of marine resources agreement.\n(sec.98-ssec.2) The application must— be in writing; and include the following information— the names of all of the members of the traditional owner group in whose name the application is made; the name and address of a person to whom correspondence may be sent on behalf of the traditional owner group; and be accompanied by— a copy of the agreement; and written confirmation, by a relevant representative Aboriginal/Torres Strait Islander body, that each member of the traditional owner group in whose name the application is made is a traditional owner for the part of the marine park in relation to which the agreement is to operate.\n- (a) be in writing; and\n- (b) include the following information— (i) the names of all of the members of the traditional owner group in whose name the application is made; (ii) the name and address of a person to whom correspondence may be sent on behalf of the traditional owner group; and\n- (i) the names of all of the members of the traditional owner group in whose name the application is made;\n- (ii) the name and address of a person to whom correspondence may be sent on behalf of the traditional owner group; and\n- (c) be accompanied by— (i) a copy of the agreement; and (ii) written confirmation, by a relevant representative Aboriginal/Torres Strait Islander body, that each member of the traditional owner group in whose name the application is made is a traditional owner for the part of the marine park in relation to which the agreement is to operate.\n- (i) a copy of the agreement; and\n- (ii) written confirmation, by a relevant representative Aboriginal/Torres Strait Islander body, that each member of the traditional owner group in whose name the application is made is a traditional owner for the part of the marine park in relation to which the agreement is to operate.\n- (i) the names of all of the members of the traditional owner group in whose name the application is made;\n- (ii) the name and address of a person to whom correspondence may be sent on behalf of the traditional owner group; and\n- (i) a copy of the agreement; and\n- (ii) written confirmation, by a relevant representative Aboriginal/Torres Strait Islander body, that each member of the traditional owner group in whose name the application is made is a traditional owner for the part of the marine park in relation to which the agreement is to operate.","sortOrder":132},{"sectionNumber":"sec.99","sectionType":"section","heading":"Requirements for considering application","content":"### sec.99 Requirements for considering application\n\nIn considering an application for accreditation of a traditional use of marine resources agreement, the chief executive must have regard to the following—\nthe terms of the agreement;\nthe objectives of the zone or zones within which the proposed traditional use of marine resources is proposed to be undertaken;\nthe likely effect of accreditation of the agreement on future options for the marine park;\nthe nature and scale of the proposed traditional use of marine resources;\nthe conservation of the natural resources of the marine park, including, in particular—\nthe need for conservation of protected species in the marine park; and\nthe capability of the relevant population of a protected species to sustain harvesting;\nany other requirements for ensuring the orderly and proper management of the marine park;\nthe need to protect the cultural resources held in relation to the marine park by traditional owners and other people;\nthe possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment and the likely effects of that use on adjoining and adjacent areas;\nany existing agreements or arrangements between the chief executive and the traditional owners who prepared the agreement;\nany legislation or government policy that applies to the proposed traditional use of marine resources;\nany other relevant matters, including, for example, any action necessary to avoid, remedy or minimise unacceptable environmental impact.\n- (a) the terms of the agreement;\n- (b) the objectives of the zone or zones within which the proposed traditional use of marine resources is proposed to be undertaken;\n- (c) the likely effect of accreditation of the agreement on future options for the marine park;\n- (d) the nature and scale of the proposed traditional use of marine resources;\n- (e) the conservation of the natural resources of the marine park, including, in particular— (i) the need for conservation of protected species in the marine park; and (ii) the capability of the relevant population of a protected species to sustain harvesting;\n- (i) the need for conservation of protected species in the marine park; and\n- (ii) the capability of the relevant population of a protected species to sustain harvesting;\n- (f) any other requirements for ensuring the orderly and proper management of the marine park;\n- (g) the need to protect the cultural resources held in relation to the marine park by traditional owners and other people;\n- (h) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment and the likely effects of that use on adjoining and adjacent areas;\n- (i) any existing agreements or arrangements between the chief executive and the traditional owners who prepared the agreement;\n- (j) any legislation or government policy that applies to the proposed traditional use of marine resources;\n- (k) any other relevant matters, including, for example, any action necessary to avoid, remedy or minimise unacceptable environmental impact.\n- (i) the need for conservation of protected species in the marine park; and\n- (ii) the capability of the relevant population of a protected species to sustain harvesting;","sortOrder":133},{"sectionNumber":"sec.100","sectionType":"section","heading":"Additional information for applications","content":"### sec.100 Additional information for applications\n\nThe chief executive may, by written notice, ask the applicant to give the chief executive further reasonable information or documents about the application by the reasonable date stated in the notice.\nThe chief executive may refuse the application if the applicant does not, without reasonable excuse, give the chief executive the further information or documents by the stated day.\nIf the chief executive agrees, the applicant may amend the application before the chief executive has finished considering it.\n(sec.100-ssec.1) The chief executive may, by written notice, ask the applicant to give the chief executive further reasonable information or documents about the application by the reasonable date stated in the notice.\n(sec.100-ssec.2) The chief executive may refuse the application if the applicant does not, without reasonable excuse, give the chief executive the further information or documents by the stated day.\n(sec.100-ssec.3) If the chief executive agrees, the applicant may amend the application before the chief executive has finished considering it.","sortOrder":134},{"sectionNumber":"sec.101","sectionType":"section","heading":"Chief executive must grant or refuse application","content":"### sec.101 Chief executive must grant or refuse application\n\nThe chief must consider each proper application and either grant or refuse the application.\nFor subsection (1) , an application is a proper application if—\nit complies with the requirements for an application under section 98 ; and\nany requests for information made in relation to the application under section 100 have been complied with.\n(sec.101-ssec.1) The chief must consider each proper application and either grant or refuse the application.\n(sec.101-ssec.2) For subsection (1) , an application is a proper application if— it complies with the requirements for an application under section 98 ; and any requests for information made in relation to the application under section 100 have been complied with.\n- (a) it complies with the requirements for an application under section 98 ; and\n- (b) any requests for information made in relation to the application under section 100 have been complied with.","sortOrder":135},{"sectionNumber":"sec.102","sectionType":"section","heading":"Refusal of application","content":"### sec.102 Refusal of application\n\nIf the chief executive decides to refuse the application, the chief executive must, within 14 days after making the decision, give the applicant a written notice stating the decision and the reasons for it.","sortOrder":136},{"sectionNumber":"sec.103","sectionType":"section","heading":"Grant of application","content":"### sec.103 Grant of application\n\nThis section applies if the chief executive grants the application.\nThe chief executive must also decide—\nwhen the accredited traditional use of marine resources agreement is to come into effect; and\nwhen the accredited traditional use of marine resources agreement is to cease to have effect.\nAlso, the chief executive must—\ngive the applicant a copy of the accredited traditional use of marine resources agreement and a written notice stating the following—\nthe day the accredited traditional use of marine resources agreement comes into effect;\nthe day the accredited traditional use of marine resources agreement ceases to have effect;\nany conditions imposed on the accreditation under section 104 ; and\npublish a notice in the gazette stating the agreement is an accredited traditional use of marine resources agreement for this plan.\n(sec.103-ssec.1) This section applies if the chief executive grants the application.\n(sec.103-ssec.2) The chief executive must also decide— when the accredited traditional use of marine resources agreement is to come into effect; and when the accredited traditional use of marine resources agreement is to cease to have effect.\n(sec.103-ssec.3) Also, the chief executive must— give the applicant a copy of the accredited traditional use of marine resources agreement and a written notice stating the following— the day the accredited traditional use of marine resources agreement comes into effect; the day the accredited traditional use of marine resources agreement ceases to have effect; any conditions imposed on the accreditation under section 104 ; and publish a notice in the gazette stating the agreement is an accredited traditional use of marine resources agreement for this plan.\n- (a) when the accredited traditional use of marine resources agreement is to come into effect; and\n- (b) when the accredited traditional use of marine resources agreement is to cease to have effect.\n- (a) give the applicant a copy of the accredited traditional use of marine resources agreement and a written notice stating the following— (i) the day the accredited traditional use of marine resources agreement comes into effect; (ii) the day the accredited traditional use of marine resources agreement ceases to have effect; (iii) any conditions imposed on the accreditation under section 104 ; and\n- (i) the day the accredited traditional use of marine resources agreement comes into effect;\n- (ii) the day the accredited traditional use of marine resources agreement ceases to have effect;\n- (iii) any conditions imposed on the accreditation under section 104 ; and\n- (b) publish a notice in the gazette stating the agreement is an accredited traditional use of marine resources agreement for this plan.\n- (i) the day the accredited traditional use of marine resources agreement comes into effect;\n- (ii) the day the accredited traditional use of marine resources agreement ceases to have effect;\n- (iii) any conditions imposed on the accreditation under section 104 ; and","sortOrder":137},{"sectionNumber":"sec.104","sectionType":"section","heading":"Conditions on accreditation of traditional use of marine resources agreements","content":"### sec.104 Conditions on accreditation of traditional use of marine resources agreements\n\nThe chief executive may impose the following types of conditions on an accreditation of a traditional use of marine resources agreement—\nconditions allowing the holders of the accreditation to authorise other persons to carry out activities under the agreement and stating the maximum number of persons the holders may authorise;\nconditions that are appropriate for achieving the purposes of the Act , including, for example, conditions requiring particular persons to give the chief executive a written undertaking for activities carried out under the agreement.\nThe accreditation remains in force, unless sooner cancelled or suspended, for the period—\nstarting on the day the chief executive has decided as the day when the accredited traditional use of marine resources agreement is to come into effect; and\nending on the day the chief executive has decided as the day when the accredited traditional use of marine resources agreement is to cease to have effect.\n(sec.104-ssec.1) The chief executive may impose the following types of conditions on an accreditation of a traditional use of marine resources agreement— conditions allowing the holders of the accreditation to authorise other persons to carry out activities under the agreement and stating the maximum number of persons the holders may authorise; conditions that are appropriate for achieving the purposes of the Act , including, for example, conditions requiring particular persons to give the chief executive a written undertaking for activities carried out under the agreement.\n(sec.104-ssec.2) The accreditation remains in force, unless sooner cancelled or suspended, for the period— starting on the day the chief executive has decided as the day when the accredited traditional use of marine resources agreement is to come into effect; and ending on the day the chief executive has decided as the day when the accredited traditional use of marine resources agreement is to cease to have effect.\n- (a) conditions allowing the holders of the accreditation to authorise other persons to carry out activities under the agreement and stating the maximum number of persons the holders may authorise;\n- (b) conditions that are appropriate for achieving the purposes of the Act , including, for example, conditions requiring particular persons to give the chief executive a written undertaking for activities carried out under the agreement.\n- (a) starting on the day the chief executive has decided as the day when the accredited traditional use of marine resources agreement is to come into effect; and\n- (b) ending on the day the chief executive has decided as the day when the accredited traditional use of marine resources agreement is to cease to have effect.","sortOrder":138},{"sectionNumber":"sec.105","sectionType":"section","heading":"Amendment of accreditation—grounds","content":"### sec.105 Amendment of accreditation—grounds\n\nThe chief executive may amend an accreditation of a traditional use of marine resources agreement, including, for example, by adding a further condition to the accreditation if—\nthe holder of the accreditation has given written agreement to the amendment; or\nthe chief executive believes on reasonable grounds the amendment is necessary or desirable for the conservation of the marine park; or\nthe holder of the accreditation has failed to comply with a condition of the accreditation or the agreement.\n- (a) the holder of the accreditation has given written agreement to the amendment; or\n- (d) the chief executive believes on reasonable grounds the amendment is necessary or desirable for the conservation of the marine park; or\n- (c) the holder of the accreditation has failed to comply with a condition of the accreditation or the agreement.","sortOrder":139},{"sectionNumber":"sec.106","sectionType":"section","heading":"Suspension—grounds","content":"### sec.106 Suspension—grounds\n\nThe chief executive may cancel an accreditation of a traditional use of marine resources agreement if—\nthe chief executive believes on reasonable grounds the amendment is necessary or desirable for the conservation of the marine park; or\nthe holder of the accreditation has failed to comply with a condition of the accreditation or the agreement; or\nthe holder of the accreditation has committed, or is committing, an offence against the Act .\n- (a) the chief executive believes on reasonable grounds the amendment is necessary or desirable for the conservation of the marine park; or\n- (b) the holder of the accreditation has failed to comply with a condition of the accreditation or the agreement; or\n- (c) the holder of the accreditation has committed, or is committing, an offence against the Act .","sortOrder":140},{"sectionNumber":"sec.107","sectionType":"section","heading":"Cancellation—grounds","content":"### sec.107 Cancellation—grounds\n\nThe chief executive may cancel an accreditation of a traditional use of marine resources agreement if the chief executive believes on reasonable grounds—\nthe accreditation was granted in error or because of a materially false or fraudulent document, statement or representation; or\nthe holder of the accreditation—\nhas failed to comply with a condition of the accreditation or the agreement; or\nhas committed, or is committing, an offence against the Act .\n- (a) the accreditation was granted in error or because of a materially false or fraudulent document, statement or representation; or\n- (b) the holder of the accreditation— (i) has failed to comply with a condition of the accreditation or the agreement; or (ii) has committed, or is committing, an offence against the Act .\n- (i) has failed to comply with a condition of the accreditation or the agreement; or\n- (ii) has committed, or is committing, an offence against the Act .\n- (i) has failed to comply with a condition of the accreditation or the agreement; or\n- (ii) has committed, or is committing, an offence against the Act .","sortOrder":141},{"sectionNumber":"sec.108","sectionType":"section","heading":"Amendment, suspension or cancellation—procedure","content":"### sec.108 Amendment, suspension or cancellation—procedure\n\nBefore amending, suspending or cancelling an accreditation of a traditional use of marine resources agreement, the chief executive must give the holder of the accreditation a written notice inviting the holder to show why the accreditation should not be amended, suspended or cancelled (the proposed action ).\nThe notice must state the following—\nthe proposed action;\nthe grounds for the proposed action;\nthe facts and circumstances forming the basis for the grounds;\nif the proposed action is suspension of the accreditation, the proposed suspension period;\nif the proposed action is to amend the accreditation, the proposed amendment;\nthat representations may be made about the notice;\nhow the representations may be made;\nwhere the representations may be made or sent;\na day and time for making the representations or a period within which the representations must be made.\nThe stated day or period must be, or must end, at least 28 days after the notice is given.\nIf, after considering all representations made by the stated day or within the stated period, the chief executive still considers the proposed action should be taken, the chief executive may—\nif the proposed action is to amend the accreditation—amend the accreditation; or\nif the proposed action is to suspend the accreditation—suspend the accreditation for no longer than the proposed suspension period; or\nif the proposed action is to cancel the accreditation—cancel the accreditation or suspend it for a period.\nThis section does not apply if the accreditation is amended under section 105 (a) .\n(sec.108-ssec.1) Before amending, suspending or cancelling an accreditation of a traditional use of marine resources agreement, the chief executive must give the holder of the accreditation a written notice inviting the holder to show why the accreditation should not be amended, suspended or cancelled (the proposed action ).\n(sec.108-ssec.2) The notice must state the following— the proposed action; the grounds for the proposed action; the facts and circumstances forming the basis for the grounds; if the proposed action is suspension of the accreditation, the proposed suspension period; if the proposed action is to amend the accreditation, the proposed amendment; that representations may be made about the notice; how the representations may be made; where the representations may be made or sent; a day and time for making the representations or a period within which the representations must be made.\n(sec.108-ssec.3) The stated day or period must be, or must end, at least 28 days after the notice is given.\n(sec.108-ssec.4) If, after considering all representations made by the stated day or within the stated period, the chief executive still considers the proposed action should be taken, the chief executive may— if the proposed action is to amend the accreditation—amend the accreditation; or if the proposed action is to suspend the accreditation—suspend the accreditation for no longer than the proposed suspension period; or if the proposed action is to cancel the accreditation—cancel the accreditation or suspend it for a period.\n(sec.108-ssec.5) This section does not apply if the accreditation is amended under section 105 (a) .\n- (a) the proposed action;\n- (b) the grounds for the proposed action;\n- (c) the facts and circumstances forming the basis for the grounds;\n- (d) if the proposed action is suspension of the accreditation, the proposed suspension period;\n- (e) if the proposed action is to amend the accreditation, the proposed amendment;\n- (f) that representations may be made about the notice;\n- (g) how the representations may be made;\n- (h) where the representations may be made or sent;\n- (i) a day and time for making the representations or a period within which the representations must be made.\n- (a) if the proposed action is to amend the accreditation—amend the accreditation; or\n- (b) if the proposed action is to suspend the accreditation—suspend the accreditation for no longer than the proposed suspension period; or\n- (c) if the proposed action is to cancel the accreditation—cancel the accreditation or suspend it for a period.","sortOrder":142},{"sectionNumber":"sec.109","sectionType":"section","heading":"Notice and effect of amendment, suspension or cancellation","content":"### sec.109 Notice and effect of amendment, suspension or cancellation\n\nIf the chief executive amends, suspends or cancels an accreditation under section 105 , notice and particulars of the amendment, suspension or cancellation must be given to the holder of the accreditation.\nThe notice must state the decision and the reasons for it.\nIf the chief executive amends the accreditation, the amendment takes effect from the day, not earlier than 28 days after the holder receives the notice, stated in the notice.\nIf the chief executive suspends the accreditation, it is ineffective during the period of suspension.\nThe suspension—\nmay be for the period the chief executive decides; and\nhas effect from—\nthe day the notice is given; or\nif a later day is stated in the notice—the stated day.\nIf the chief executive cancels the accreditation, it ceases to have effect from—\nthe day the notice is given; or\nif a later day is stated in the notice—the stated day.\n(sec.109-ssec.1) If the chief executive amends, suspends or cancels an accreditation under section 105 , notice and particulars of the amendment, suspension or cancellation must be given to the holder of the accreditation.\n(sec.109-ssec.2) The notice must state the decision and the reasons for it.\n(sec.109-ssec.3) If the chief executive amends the accreditation, the amendment takes effect from the day, not earlier than 28 days after the holder receives the notice, stated in the notice.\n(sec.109-ssec.4) If the chief executive suspends the accreditation, it is ineffective during the period of suspension.\n(sec.109-ssec.5) The suspension— may be for the period the chief executive decides; and has effect from— the day the notice is given; or if a later day is stated in the notice—the stated day.\n(sec.109-ssec.6) If the chief executive cancels the accreditation, it ceases to have effect from— the day the notice is given; or if a later day is stated in the notice—the stated day.\n- (a) may be for the period the chief executive decides; and\n- (b) has effect from— (i) the day the notice is given; or (ii) if a later day is stated in the notice—the stated day.\n- (i) the day the notice is given; or\n- (ii) if a later day is stated in the notice—the stated day.\n- (i) the day the notice is given; or\n- (ii) if a later day is stated in the notice—the stated day.\n- (a) the day the notice is given; or\n- (b) if a later day is stated in the notice—the stated day.","sortOrder":143},{"sectionNumber":"sec.110","sectionType":"section","heading":"Termination of agreement by holders","content":"### sec.110 Termination of agreement by holders\n\nThe holder of an accredited traditional use of marine resources agreement may terminate the agreement at any time by giving written notice to the chief executive.\nThe agreement ceases to have effect on—\nthe day the chief executive receives the notice; or\nif the notice states a later day, not later than the day the accreditation of the agreement ceases to have effect—the later day stated in the notice.\nThe accreditation of the agreement ceases to have effect on the day the agreement ceases to have effect.\n(sec.110-ssec.1) The holder of an accredited traditional use of marine resources agreement may terminate the agreement at any time by giving written notice to the chief executive.\n(sec.110-ssec.2) The agreement ceases to have effect on— the day the chief executive receives the notice; or if the notice states a later day, not later than the day the accreditation of the agreement ceases to have effect—the later day stated in the notice.\n(sec.110-ssec.3) The accreditation of the agreement ceases to have effect on the day the agreement ceases to have effect.\n- (a) the day the chief executive receives the notice; or\n- (b) if the notice states a later day, not later than the day the accreditation of the agreement ceases to have effect—the later day stated in the notice.","sortOrder":144},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Authorisations under accredited traditional use of marine resources agreements","content":"## Authorisations under accredited traditional use of marine resources agreements","sortOrder":145},{"sectionNumber":"sec.111","sectionType":"section","heading":"Requirements about giving authorisations under TUMRAs","content":"### sec.111 Requirements about giving authorisations under TUMRAs\n\nThis section applies if an accreditation of a traditional use of marine resources agreement includes a condition stating that the holder of the accreditation may authorise another person to carry out an activity that may be lawfully carried out in relation to the agreement for a stated period.\nThe holder of the accreditation must keep a record of the relevant matters for any authorisation given under the agreement.\nIn this section—\nrelevant matters , for an authorisation, means the following—\nthe name of the person to whom the authorisation is given;\nthe date on which the authorisation was given;\nthe nature of the activity the person is authorised to carry out under the authorisation.\n(sec.111-ssec.1) This section applies if an accreditation of a traditional use of marine resources agreement includes a condition stating that the holder of the accreditation may authorise another person to carry out an activity that may be lawfully carried out in relation to the agreement for a stated period.\n(sec.111-ssec.2) The holder of the accreditation must keep a record of the relevant matters for any authorisation given under the agreement.\n(sec.111-ssec.3) In this section— relevant matters , for an authorisation, means the following— the name of the person to whom the authorisation is given; the date on which the authorisation was given; the nature of the activity the person is authorised to carry out under the authorisation.\n- (a) the name of the person to whom the authorisation is given;\n- (b) the date on which the authorisation was given;\n- (c) the nature of the activity the person is authorised to carry out under the authorisation.","sortOrder":146},{"sectionNumber":"sec.112","sectionType":"section","heading":"Effect of authorisations given under TUMRAs","content":"### sec.112 Effect of authorisations given under TUMRAs\n\nA person to whom an authorisation is given under an accredited traditional use of marine resources agreement may carry out an activity that is stated in the record kept by the holder of the accreditation under section 111 (2) .\nFor subsection (1) —\nthe person to whom the authorisation is given is taken to be a traditional owner; and\nthe conditions imposed on the accreditation of the agreement, and the conditions stated in the agreement, apply to the person.\nTo remove any doubt, it is declared that a person who gives an authorisation under an accredited traditional use of marine resources agreement may still carry out, in relation to the agreement, any activity for which the person has given an authorisation under the agreement.\n(sec.112-ssec.1) A person to whom an authorisation is given under an accredited traditional use of marine resources agreement may carry out an activity that is stated in the record kept by the holder of the accreditation under section 111 (2) .\n(sec.112-ssec.2) For subsection (1) — the person to whom the authorisation is given is taken to be a traditional owner; and the conditions imposed on the accreditation of the agreement, and the conditions stated in the agreement, apply to the person.\n(sec.112-ssec.3) To remove any doubt, it is declared that a person who gives an authorisation under an accredited traditional use of marine resources agreement may still carry out, in relation to the agreement, any activity for which the person has given an authorisation under the agreement.\n- (a) the person to whom the authorisation is given is taken to be a traditional owner; and\n- (b) the conditions imposed on the accreditation of the agreement, and the conditions stated in the agreement, apply to the person.","sortOrder":147},{"sectionNumber":"pt.6","sectionType":"part","heading":"Requirements for particular applications for permissions","content":"# Requirements for particular applications for permissions","sortOrder":148},{"sectionNumber":"sec.113","sectionType":"section","heading":"Matters chief executive must consider for applications relating to traditional use of marine resources","content":"### sec.113 Matters chief executive must consider for applications relating to traditional use of marine resources\n\nThis section applies to an application for a permission, under the Regulation , part 3 , for an area within the marine park for the traditional use of marine resources involving the taking of animals, plants or marine products.\nWithout limiting the matters the chief executive must, under the Regulation , part 3 , have regard to in considering the application, the chief executive must have regard to the following—\nthe need for the conservation of protected species in the zone or marine park and, in particular, the capability of the relevant population of that species in the zone or marine park to sustain harvesting;\nthe means to be employed in the proposed taking;\nthe number of animals or plants, or the amount of marine product, proposed to be taken;\nthe purpose of the proposed taking;\nwhether the entry and use of the area in which the activity is to take place will be in accordance with Aboriginal tradition or Island custom;\nwhether the applicant is a traditional owner.\ns 113 amd 2006 SL No. 224 s 20\n(sec.113-ssec.1) This section applies to an application for a permission, under the Regulation , part 3 , for an area within the marine park for the traditional use of marine resources involving the taking of animals, plants or marine products.\n(sec.113-ssec.2) Without limiting the matters the chief executive must, under the Regulation , part 3 , have regard to in considering the application, the chief executive must have regard to the following— the need for the conservation of protected species in the zone or marine park and, in particular, the capability of the relevant population of that species in the zone or marine park to sustain harvesting; the means to be employed in the proposed taking; the number of animals or plants, or the amount of marine product, proposed to be taken; the purpose of the proposed taking; whether the entry and use of the area in which the activity is to take place will be in accordance with Aboriginal tradition or Island custom; whether the applicant is a traditional owner.\n- (a) the need for the conservation of protected species in the zone or marine park and, in particular, the capability of the relevant population of that species in the zone or marine park to sustain harvesting;\n- (b) the means to be employed in the proposed taking;\n- (c) the number of animals or plants, or the amount of marine product, proposed to be taken;\n- (d) the purpose of the proposed taking;\n- (e) whether the entry and use of the area in which the activity is to take place will be in accordance with Aboriginal tradition or Island custom;\n- (f) whether the applicant is a traditional owner.","sortOrder":149},{"sectionNumber":"sch.8-pt.1","sectionType":"part","heading":"Remote natural areas","content":"# Remote natural areas","sortOrder":150},{"sectionNumber":"sch.8-sec.1","sectionType":"section","heading":"Area within Commonwealth remote natural area","content":"### sch.8-sec.1 Area within Commonwealth remote natural area\n\nThe area of the marine park within the Commonwealth remote natural area.","sortOrder":151},{"sectionNumber":"sch.8-sec.2","sectionType":"section","heading":"Area extending Commonwealth remote natural area","content":"### sch.8-sec.2 Area extending Commonwealth remote natural area\n\nThe area within the marine park worked out by extending the part of the Commonwealth remote natural area that is at the State at low water to the landward boundary of the marine park.","sortOrder":152},{"sectionNumber":"sch.8-pt.2","sectionType":"part","heading":"Shipping areas","content":"# Shipping areas","sortOrder":153},{"sectionNumber":"sch.8-sec.1-oc.2","sectionType":"section","heading":"Areas within Commonwealth shipping areas","content":"### sch.8-sec.1-oc.2 Areas within Commonwealth shipping areas\n\nThe areas of the marine park within a Commonwealth shipping area.","sortOrder":154},{"sectionNumber":"sch.8-sec.2-oc.2","sectionType":"section","heading":"Areas extending Commonwealth shipping areas","content":"### sch.8-sec.2-oc.2 Areas extending Commonwealth shipping areas\n\nThe areas within the marine park worked out by extending each Commonwealth shipping area that is at the State at low water to the landward boundary of the marine park.","sortOrder":155},{"sectionNumber":"sch.8-pt.3","sectionType":"part","heading":"Princess Charlotte Bay special management area","content":"# Princess Charlotte Bay special management area","sortOrder":156},{"sectionNumber":"sch.8-sec.1-oc.3","sectionType":"section","heading":"Area within Commonwealth Princess Charlotte Bay special management area","content":"### sch.8-sec.1-oc.3 Area within Commonwealth Princess Charlotte Bay special management area\n\nThe area of the marine park that is within the Commonwealth Princess Charlotte Bay special management area.","sortOrder":157},{"sectionNumber":"sch.8-sec.2-oc.3","sectionType":"section","heading":"Area extending Commonwealth Princess Charlotte Bay special management area","content":"### sch.8-sec.2-oc.3 Area extending Commonwealth Princess Charlotte Bay special management area\n\nThe area within the marine park worked out by extending the part of the Commonwealth Princess Charlotte Bay special management area that is at the State at low water to the landward boundary of the marine park.","sortOrder":158},{"sectionNumber":"sch.8-pt.4","sectionType":"part","heading":"Species conservation (dugong protection) special management areas","content":"# Species conservation (dugong protection) special management areas","sortOrder":159},{"sectionNumber":"sch.8-sec.1-oc.4","sectionType":"section","heading":"Species conservation (dugong protection) special management areas","content":"### sch.8-sec.1-oc.4 Species conservation (dugong protection) special management areas\n\nThe areas within the marine park that are within an area mentioned in the Fisheries Declaration 2019 , chapter 2 , part 11 .\nsch 8 pt 4 s 1 amd 2008 SL No. 83 s 734 ; 2019 SL No. 71 s 59 sch 1","sortOrder":160},{"sectionNumber":"sch.8-pt.5","sectionType":"part","heading":"Restricted access special management areas","content":"# Restricted access special management areas","sortOrder":161},{"sectionNumber":"sch.8-sec.1-oc.5","sectionType":"section","heading":"Areas within Commonwealth restricted access special management areas","content":"### sch.8-sec.1-oc.5 Areas within Commonwealth restricted access special management areas\n\nThe areas of the marine park within a Commonwealth restricted access special management area.","sortOrder":162},{"sectionNumber":"sch.8-sec.2-oc.4","sectionType":"section","heading":"Areas extending Commonwealth restricted access special management areas","content":"### sch.8-sec.2-oc.4 Areas extending Commonwealth restricted access special management areas\n\nThe areas within the marine park worked out by extending each Commonwealth restricted access special management area that is at the State at low water to the landward boundary of the marine park.","sortOrder":163},{"sectionNumber":"sch.8-pt.6","sectionType":"part","heading":"Public appreciation special management areas","content":"# Public appreciation special management areas","sortOrder":164},{"sectionNumber":"sch.8-sec.1-oc.6","sectionType":"section","heading":"Areas within Commonwealth public appreciation special management areas","content":"### sch.8-sec.1-oc.6 Areas within Commonwealth public appreciation special management areas\n\nThe areas of the marine park that are within a Commonwealth public appreciation special management area.","sortOrder":165},{"sectionNumber":"sch.8-sec.2-oc.5","sectionType":"section","heading":"Areas extending Commonwealth public appreciation special management areas","content":"### sch.8-sec.2-oc.5 Areas extending Commonwealth public appreciation special management areas\n\nThe areas within the marine park worked out by extending each Commonwealth public appreciation special management area that is at the State at low water to the landward boundary of the marine park.","sortOrder":166},{"sectionNumber":"sch.8-pt.7","sectionType":"part","heading":"No dories detached (marine national park zone) special management areas","content":"# No dories detached (marine national park zone) special management areas","sortOrder":167},{"sectionNumber":"sch.8-sec.1-oc.7","sectionType":"section","heading":"Areas within marine national park zone","content":"### sch.8-sec.1-oc.7 Areas within marine national park zone\n\nThe area consisting of the areas within the marine national park zone.","sortOrder":168},{"sectionNumber":"sch.8-pt.8","sectionType":"part","heading":"One dory detached (conservation park zone) special management areas","content":"# One dory detached (conservation park zone) special management areas","sortOrder":169},{"sectionNumber":"sch.8-sec.1-oc.8","sectionType":"section","heading":"Areas within conservation park zone","content":"### sch.8-sec.1-oc.8 Areas within conservation park zone\n\nThe area consisting of the areas within the conservation park zone.","sortOrder":170},{"sectionNumber":"sch.8-pt.9","sectionType":"part","heading":"One dory detached (buffer zone) special management areas","content":"# One dory detached (buffer zone) special management areas","sortOrder":171},{"sectionNumber":"sch.8-sec.1-oc.9","sectionType":"section","heading":"Areas within buffer zone","content":"### sch.8-sec.1-oc.9 Areas within buffer zone\n\nThe area consisting of the areas within the buffer zone.","sortOrder":172},{"sectionNumber":"sch.8-pt.10","sectionType":"part","heading":"Fisheries experimental areas","content":"# Fisheries experimental areas","sortOrder":173},{"sectionNumber":"sch.8-sec.1-oc.10","sectionType":"section","heading":"Areas within Commonwealth fisheries experimental areas","content":"### sch.8-sec.1-oc.10 Areas within Commonwealth fisheries experimental areas\n\nThe areas of the marine park that are within a Commonwealth fisheries experimental area.","sortOrder":174},{"sectionNumber":"sch.8-sec.2-oc.6","sectionType":"section","heading":"Areas extending Commonwealth fisheries experimental areas","content":"### sch.8-sec.2-oc.6 Areas extending Commonwealth fisheries experimental areas\n\nThe areas within the marine park worked out by extending each Commonwealth fisheries experimental area that is at the State at low water to the landward boundary of the marine park.","sortOrder":175},{"sectionNumber":"sch.8-pt.11","sectionType":"part","heading":"Seasonal closure areas","content":"# Seasonal closure areas","sortOrder":176},{"sectionNumber":"sch.8-sec.1-oc.11","sectionType":"section","heading":"Eagle Island at Eyrie Reef","content":"### sch.8-sec.1-oc.11 Eagle Island at Eyrie Reef\n\nThe beach adjoining Eagle Island at Eyrie Reef (14-118).","sortOrder":177},{"sectionNumber":"sch.8-sec.2-oc.7","sectionType":"section","heading":"Mackay Reef Cay","content":"### sch.8-sec.2-oc.7 Mackay Reef Cay\n\nThe beach adjoining Mackay Reef Cay (16-015).","sortOrder":178},{"sectionNumber":"sch.8-sec.3","sectionType":"section","heading":"Woody Island on Low Islets Reef","content":"### sch.8-sec.3 Woody Island on Low Islets Reef\n\nWoody Island on Low Islets Reef (16-028).","sortOrder":179},{"sectionNumber":"sch.8-sec.4","sectionType":"section","heading":"Undine Reef Cay","content":"### sch.8-sec.4 Undine Reef Cay\n\nThe beach adjoining Undine Reef Cay (16-020a).","sortOrder":180},{"sectionNumber":"sch.8-sec.5","sectionType":"section","heading":"Sudbury Cay on Sudbury Reef","content":"### sch.8-sec.5 Sudbury Cay on Sudbury Reef\n\nThe beach adjoining the Sudbury Cay on Sudbury Reef (17-001a).","sortOrder":181},{"sectionNumber":"sch.8-sec.6","sectionType":"section","heading":"Sisters Island on South Barnard Islands","content":"### sch.8-sec.6 Sisters Island on South Barnard Islands\n\nThe beach adjoining Sisters Island on South Barnard Islands (17-046).","sortOrder":182},{"sectionNumber":"sch.8-sec.7","sectionType":"section","heading":"Beaver Cay on Beaver Reef","content":"### sch.8-sec.7 Beaver Cay on Beaver Reef\n\nThe beach adjoining Beaver Cay on Beaver Reef (17-051).","sortOrder":183},{"sectionNumber":"sch.8-sec.8","sectionType":"section","heading":"Taylor Cay on Taylor Reef","content":"### sch.8-sec.8 Taylor Cay on Taylor Reef\n\nThe beach adjoining Taylor Cay on Taylor Reef (17-064).","sortOrder":184},{"sectionNumber":"sch.8-sec.9","sectionType":"section","heading":"Pelican Rock","content":"### sch.8-sec.9 Pelican Rock\n\nThe beach adjoining Pelican Rock (22-074).","sortOrder":185},{"sectionNumber":"sch.8-sec.10","sectionType":"section","heading":"Gannett Cay on Gannett Cay Reef","content":"### sch.8-sec.10 Gannett Cay on Gannett Cay Reef\n\nThe beach adjoining Gannett Cay on Gannett Cay Reef (21-556).","sortOrder":186},{"sectionNumber":"sch.8-sec.11","sectionType":"section","heading":"Riptide Cay on Riptide Cay Reef","content":"### sch.8-sec.11 Riptide Cay on Riptide Cay Reef\n\nThe beach adjoining Riptide Cay on Riptide Cay Reef (21-172).","sortOrder":187},{"sectionNumber":"sch.8-sec.12","sectionType":"section","heading":"Twin (Thomas) Cay on Twin (Thomas) Cay Reef","content":"### sch.8-sec.12 Twin (Thomas) Cay on Twin (Thomas) Cay Reef\n\nThe beach adjoining Twin (Thomas) Cay on Twin (Thomas) Cay Reef (21-497).","sortOrder":188},{"sectionNumber":"sch.8-sec.13","sectionType":"section","heading":"Distant Cay on Distant Cay Reef","content":"### sch.8-sec.13 Distant Cay on Distant Cay Reef\n\nThe beach adjoining Distant Cay on Distant Cay Reef (21-206).","sortOrder":189},{"sectionNumber":"sch.8-sec.14","sectionType":"section","heading":"Bacchi Cay on Bacchi Cay Reef","content":"### sch.8-sec.14 Bacchi Cay on Bacchi Cay Reef\n\nThe beach adjoining Bacchi Cay on Bacchi Cay Reef (21-495).","sortOrder":190},{"sectionNumber":"sch.8-sec.15","sectionType":"section","heading":"Frigate Cay on Frigate Cay Reef","content":"### sch.8-sec.15 Frigate Cay on Frigate Cay Reef\n\nThe beach adjoining Frigate Cay on Frigate Cay Reef (21-511).","sortOrder":191},{"sectionNumber":"sch.8-sec.16","sectionType":"section","heading":"Turtle (Bylund Cay) on Turtle (Bylund Cay) Reef","content":"### sch.8-sec.16 Turtle (Bylund Cay) on Turtle (Bylund Cay) Reef\n\nThe beach adjoining Turtle (Bylund Cay) on Turtle (Bylund Cay) Reef (21-519).","sortOrder":192},{"sectionNumber":"sch.8-sec.17","sectionType":"section","heading":"Price Cay on Price Cay Reef","content":"### sch.8-sec.17 Price Cay on Price Cay Reef\n\nThe beach adjoining Price Cay on Price Cay Reef (21-518).","sortOrder":193},{"sectionNumber":"sch.8-sec.18","sectionType":"section","heading":"Fairfax Islands on the Fairfax Islands Reef","content":"### sch.8-sec.18 Fairfax Islands on the Fairfax Islands Reef\n\nThe beach adjoining Fairfax Islands on the Fairfax Islands Reef (23-181).","sortOrder":194},{"sectionNumber":"sch.8-sec.19","sectionType":"section","heading":"Hoskyn Islands on the Hoskyn Islands Reef","content":"### sch.8-sec.19 Hoskyn Islands on the Hoskyn Islands Reef\n\nThe beach adjoining Hoskyn Islands on the Hoskyn Islands Reef (23-080).","sortOrder":195},{"sectionNumber":"sch.8-pt.12","sectionType":"part","heading":"Michaelmas Cay restricted access area","content":"# Michaelmas Cay restricted access area","sortOrder":196},{"sectionNumber":"sch.8-sec.1-oc.12","sectionType":"section","heading":"Michaelmas Cay restricted access area","content":"### sch.8-sec.1-oc.12 Michaelmas Cay restricted access area\n\nThe part of Michaelmas Cay that is between high water and low water.","sortOrder":197},{"sectionNumber":"sch.8-pt.13","sectionType":"part","heading":"Commercial crab fishery areas","content":"# Commercial crab fishery areas","sortOrder":198},{"sectionNumber":"sch.8-sec.1-oc.13","sectionType":"section","heading":"Cape Bowling Green","content":"### sch.8-sec.1-oc.13 Cape Bowling Green\n\nThe area of the marine park that is within the following boundary—\nfrom where latitude 19º18.648' south intersects the mainland at high water on the western side of Cape Bowling Green\nthen west along latitude 19º18.648' south to where it intersects the mangrove 500m line around the mangrove forest that adjoins the western side of Cape Bowling Green\nthen southerly along the mangrove 500m line around the mangrove forest that adjoins the western side of Cape Bowling Green to where it intersects latitude 19º22.611' south\nthen east along latitude 19º22.611' south to where it intersects the mainland at high water on the western side of Cape Bowling Green\nthen northerly along the mainland at high water to where it intersects latitude 19º18.648' south on the western side of Cape Bowling Green.\nsch 8 pt 13 s 1 amd 2016 SL No. 104 s 2 (2) sch 1\n- • from where latitude 19º18.648' south intersects the mainland at high water on the western side of Cape Bowling Green\n- • then west along latitude 19º18.648' south to where it intersects the mangrove 500m line around the mangrove forest that adjoins the western side of Cape Bowling Green\n- • then southerly along the mangrove 500m line around the mangrove forest that adjoins the western side of Cape Bowling Green to where it intersects latitude 19º22.611' south\n- • then east along latitude 19º22.611' south to where it intersects the mainland at high water on the western side of Cape Bowling Green\n- • then northerly along the mainland at high water to where it intersects latitude 19º18.648' south on the western side of Cape Bowling Green.","sortOrder":199},{"sectionNumber":"sch.8-sec.2-oc.8","sectionType":"section","heading":"Bowling Green Bay","content":"### sch.8-sec.2-oc.8 Bowling Green Bay\n\nThe area of the marine park that is within the following boundary—\nfrom where longitude 147º15.684' east intersects the mainland at high water\nthen north along longitude 147º15.684' east to where it intersects the mangrove 500m line around the mangrove forest that adjoins the southern side of Bowling Green Bay\nthen westerly along the mangrove 500m line around the mangrove forest that adjoins the southern side of Bowling Green Bay to where it intersects latitude 19º23.282' south\nthen west along latitude 19º23.282' south to where it intersects the mainland at high water\nLatitude 19º23.282' south intersects the mainland at high water on the western side of Bowling Green Bay.\nthen easterly along the mainland at high water to where it intersects longitude 147º15.684' east.\n- • from where longitude 147º15.684' east intersects the mainland at high water\n- • then north along longitude 147º15.684' east to where it intersects the mangrove 500m line around the mangrove forest that adjoins the southern side of Bowling Green Bay\n- • then westerly along the mangrove 500m line around the mangrove forest that adjoins the southern side of Bowling Green Bay to where it intersects latitude 19º23.282' south\n- • then west along latitude 19º23.282' south to where it intersects the mainland at high water Note— Latitude 19º23.282' south intersects the mainland at high water on the western side of Bowling Green Bay.\n- • then easterly along the mainland at high water to where it intersects longitude 147º15.684' east.","sortOrder":200},{"sectionNumber":"sch.8-sec.3-oc.2","sectionType":"section","heading":"Cleveland Bay","content":"### sch.8-sec.3-oc.2 Cleveland Bay\n\nThe area of the marine park that is within the following boundary—\nfrom where latitude 19º16.662' south intersects the outer boundary of the mangrove forest that adjoins the eastern side of Cleveland Bay\nthen west along latitude 19º16.662' south to where it intersects the mangrove 500m line around the mangrove forest that adjoins the southern side of Cleveland Bay\nthen westerly along the mangrove 500m line around the mangrove forest that adjoins the southern side of Cleveland Bay to where it intersects longitude 146º51.876' east\nthen south along longitude 146º51.876' east to where it intersects the outer boundary of the mangrove forest that adjoins the southern side of Cleveland Bay\nthen easterly along the relevant mangrove line to latitude 19º18.138' south, longitude 146º55.584' east\nLatitude 19º18.138' south, longitude 146º55.584' east is on the western side of the mouth of Alligator Creek.\nthen easterly along a geodesic to latitude 19º18.132' south, longitude 146º55.668' east\nLatitude 19º18.132' south, longitude 146º55.668' east is on the eastern side of the mouth of Alligator Creek.\nthen easterly along the relevant mangrove line to latitude 19º18.132' south, longitude 146º57.318' east\nLatitude 19º18.132' south, longitude 146º57.318' east is on the western side of the mouth of Crocodile Creek.\nthen easterly along a geodesic to latitude 19º18.108' south, longitude 146º57.498' east\nLatitude 19º18.108' south, longitude 146º57.498' east is on the eastern side of the mouth of Crocodile Creek.\nthen easterly along the mangrove line for the mangrove forest that adjoins the eastern side of Cleveland Bay to where the outer boundary of the forest intersects latitude 19º16.662' south.\n- • from where latitude 19º16.662' south intersects the outer boundary of the mangrove forest that adjoins the eastern side of Cleveland Bay\n- • then west along latitude 19º16.662' south to where it intersects the mangrove 500m line around the mangrove forest that adjoins the southern side of Cleveland Bay\n- • then westerly along the mangrove 500m line around the mangrove forest that adjoins the southern side of Cleveland Bay to where it intersects longitude 146º51.876' east\n- • then south along longitude 146º51.876' east to where it intersects the outer boundary of the mangrove forest that adjoins the southern side of Cleveland Bay\n- • then easterly along the relevant mangrove line to latitude 19º18.138' south, longitude 146º55.584' east Note— Latitude 19º18.138' south, longitude 146º55.584' east is on the western side of the mouth of Alligator Creek.\n- • then easterly along a geodesic to latitude 19º18.132' south, longitude 146º55.668' east Note— Latitude 19º18.132' south, longitude 146º55.668' east is on the eastern side of the mouth of Alligator Creek.\n- • then easterly along the relevant mangrove line to latitude 19º18.132' south, longitude 146º57.318' east Note— Latitude 19º18.132' south, longitude 146º57.318' east is on the western side of the mouth of Crocodile Creek.\n- • then easterly along a geodesic to latitude 19º18.108' south, longitude 146º57.498' east Note— Latitude 19º18.108' south, longitude 146º57.498' east is on the eastern side of the mouth of Crocodile Creek.\n- • then easterly along the mangrove line for the mangrove forest that adjoins the eastern side of Cleveland Bay to where the outer boundary of the forest intersects latitude 19º16.662' south.","sortOrder":201},{"sectionNumber":"sch.8-sec.4-oc.2","sectionType":"section","heading":"Missionary Bay (Hinchinbrook Island)","content":"### sch.8-sec.4-oc.2 Missionary Bay (Hinchinbrook Island)\n\nThe area of the marine park that is within the following boundary—\nfrom where latitude 18º13.986' south intersects the northern boundary of Hinchinbrook Island National Park\nLatitude 18º13.986' south intersects the northern boundary of Hinchinbrook Island National Park on the eastern side of Missionary Bay.\nHinchinbrook Island National Park is shown as lot 436 on plan NPW697. See the Nature Conservation (Protected Areas) Regulation 1994 , schedule 2 (National parks).\nthen west along latitude 18º13.986' south to where it intersects the mangrove 500m line around the mangrove forest that adjoins Missionary Bay\nthen southerly along mangrove 500m line around the mangrove forest that adjoins Missionary Bay to where it intersects longitude 146º12.552' east\nthen south along longitude 146º12.552' east to where it intersects the northern boundary of Hinchinbrook Island National Park\nLongitude 146º12.552' east intersects the northern boundary of Hinchinbrook Island National Park on the southern side of Missionary Bay.\nthen generally north-easterly along the northern boundary of Hinchinbrook Island National Park to where it intersects latitude 18º13.986' south.\n- • from where latitude 18º13.986' south intersects the northern boundary of Hinchinbrook Island National Park Note— Latitude 18º13.986' south intersects the northern boundary of Hinchinbrook Island National Park on the eastern side of Missionary Bay. Hinchinbrook Island National Park is shown as lot 436 on plan NPW697. See the Nature Conservation (Protected Areas) Regulation 1994 , schedule 2 (National parks).\n- • then west along latitude 18º13.986' south to where it intersects the mangrove 500m line around the mangrove forest that adjoins Missionary Bay\n- • then southerly along mangrove 500m line around the mangrove forest that adjoins Missionary Bay to where it intersects longitude 146º12.552' east\n- • then south along longitude 146º12.552' east to where it intersects the northern boundary of Hinchinbrook Island National Park Note— Longitude 146º12.552' east intersects the northern boundary of Hinchinbrook Island National Park on the southern side of Missionary Bay.\n- • then generally north-easterly along the northern boundary of Hinchinbrook Island National Park to where it intersects latitude 18º13.986' south.","sortOrder":202}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":653},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a zoning plan for the Great Barrier Reef Coast Marine Park. While it has been amended multiple times (noted in section histories), these amendments appear to be refinements and updates rather than scope expansion — including updates to fishing regulations, TUMRA processes, and boundary descriptions. The core structure of zones, special management areas, and permission systems remains intact."},"complexity_factors":["Extensive cross-referencing to Commonwealth legislation (Great Barrier Reef Marine Park Zoning Plan and Regulations) with complex translation rules between State and Commonwealth terms","Multiple nested conditional structures: zone-based rules, special management area overlays, seasonal closures, and permission requirements that interact in complicated ways","Geometric boundary calculations using geodesics, tidal references (H.A.T., L.A.T., high/low water), and mangrove lines requiring technical survey knowledge","13 different types of special management areas each with unique objectives and rules, many overriding general zone provisions","Traditional Use of Marine Resources Agreement (TUMRA) provisions with detailed accreditation, amendment, suspension and cancellation procedures including 28-day notice periods","Multiple definitions of 'permission' — some granted under this plan, some under the Regulation, with different conditions applying","Extensive use of defined terms (schedule 11 dictionary) and incorporation of external documents like the Fisheries Declaration 2019","Temporal complexity: seasonal closure areas with variable dates, historical fishing eligibility tests (1988-1999 catch records for Princess Charlotte Bay), and time-limited authorisations"],"plain_english_summary":"This legislation is the **zoning plan for the Great Barrier Reef Coast Marine Park** in Queensland. It sets out rules for what people can and cannot do in different parts of the marine park.\n\n**What it does:**\n- Divides the marine park into **8 zones** with different levels of protection, from \"general use\" (least restrictive) to \"preservation\" (most restrictive)\n- Creates **13 types of special management areas** with extra rules for specific locations — including areas protecting dugongs, remote natural areas, seasonal closures for wildlife protection, and commercial crab fishing areas\n- Establishes a system where people need **permission** from the chief executive to enter or use many areas, while some activities are allowed **without permission**\n- Provides a framework for **Traditional Use of Marine Resources Agreements (TUMRAs)** — allowing Traditional Owners to continue cultural practices like fishing and gathering\n\n**Who it affects:**\n- Commercial and recreational fishers\n- Tourist operators and charter boats\n- Researchers and educational institutions\n- Traditional Owners\n- Shipping companies\n- Anyone entering the marine park for work or recreation\n\n**Why it matters:**\nThe plan balances **conservation of the Great Barrier Reef** with **sustainable use**. It protects critical habitats and species (like dugongs and seabird nesting sites) while allowing regulated fishing, tourism, and research. The TUMRA provisions recognise Indigenous rights to maintain cultural practices. The plan works alongside Commonwealth (federal) legislation, with complex rules about which laws apply where."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"This state plan implements Commonwealth zoning aims but has been extended beyond a straightforward adoption into a detailed, locally tailored management instrument. Over time the plan accumulated: (a) bespoke special management areas with specific access tests and historic licence‑based entitlements (eg, Princess Charlotte Bay netting criteria added in secs.52–53); (b) a full statutory accreditation and operational framework for Traditional Use of Marine Resources Agreements (secs.96–112); (c) industry‑specific carve‑outs (commercial crab fishery C1 licence entitlement, sec.88) and technical amendments aligning State boundaries with Commonwealth areas (secs.7–12). These additions shift the plan from a simple zoning map to a complex regulatory toolbox that both formalises historical access for particular groups and centralises discretionary administrative control. The cumulative effect is a substantive broadening of operational scope compared with a minimal zoning instrument: it now combines spatial protection rules, historical‑entitlement preservation, Indigenous customary accreditation, and a fine‑grained permissioning regime."},"complexity_factors":["Eight distinct zone classes with separate \"without permission\" and \"with permission\" rules (secs.16; 19–41)","Extensive cross‑referencing to Commonwealth Zoning Plan and Commonwealth Regulations for permitted activities and definitions (secs.3–4 and many zone sections)","Multiple special management area types with bespoke exceptions and objectives (sec.43; sch.8; examples secs.50–56, 59–67, 79–85, 86–88)","Detailed technical boundary rules relying on geodesics, high/low water lines, mangrove lines and GDA94 datum (secs.5–14)","Accreditation regime for TUMRAs with multi‑step application, evidence, conditions, amendment/suspension/cancellation procedures and notice periods (secs.96–112; secs.100, 108–109)","Numerous conditional exceptions and nested rules (eg, headland boundary rules, extensions of Commonwealth areas, seaward/landward point rules in sec.12 and sec.10)","Multiple schedules (schedules 1, 2, 8, 9, 10, 11) and map reliance for precise spatial descriptions (sec.16; sch.8; sch.1)","Temporal and procedural conditions (seasonal closures with specified closed periods, notice publication requirements, 14‑day and 28‑day notice windows — secs.81, 102, 108)","Administrative evidence and record‑keeping requirements (eg, certified fisheries returns for PCB permission, sec.53; TUMRA authorisation records, sec.111)"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- Establishes a zoning and special‑management regime for the Great Barrier Reef Coast Marine Park (the GBR Coast Marine Park). It imports and applies the Commonwealth Zoning Plan where appropriate, but adapts references and certain terms to make them operate for the State marine park (secs.3–4).  \n- Creates eight zone types (from least to most protective): general use, habitat protection, estuarine conservation, conservation park, buffer, scientific research, marine national park, and preservation; the areas falling in each zone are described in schedule 1 and shown on maps available at the department (sec.16).  \n- Sets the default rules for what activities may be carried out without a permit in each zone, and what activities require a permission from the chief executive (chs.2–4; see the zone‑specific permission/without‑permission provisions in secs.19–41).  \n- Adds a detailed system of special management areas (SMAs) — eg, remote natural areas, shipping areas, Princess Charlotte Bay, dugong protection areas, restricted access areas, public appreciation areas, dory‑detachment limits, seasonal closures, Michaelmas Cay restricted access, commercial crab fishery areas — with bespoke rules that override the general zone rules where specified (sec.43 and sch.8; see individual SMA sections such as secs.50–56, 59–67, 79–85, 86–88).  \n- Provides technical rules for determining boundaries and lines (how to treat high/low water, mangrove lines, geodesics and coordinate datum), and for extending Commonwealth areas that touch State waters up to the marine park landward boundary (secs.5–14; secs.7–12).  \n- Creates a statutory process for accrediting and operating Traditional Use of Marine Resources Agreements (TUMRAs) within this plan: how to apply, the information required, matters the chief executive must consider, possible conditions, and procedures for amendment, suspension or cancellation (secs.96–112).  \n- Prescribes requirements for particular permissions and notifications (for specified activities requiring notice or permission), and the matters the chief executive must consider for traditional‑use applications that involve taking animals, plants or marine products (secs.90–91, 113).  \n\n**Who this affects**\n\n- Commercial fishers and licence holders: the plan defines where and under what conditions commercial fishing (including specialised fisheries such as crab) may occur, establishes limits (eg, dory rules, baiting/netting restrictions), and in some SMAs gives historic licence‑based access (secs.19–29; secs.67, 70, 73, 88; secs.52–53 for Princess Charlotte Bay).  \n- Recreational fishers, divers, boaters and other marine park users: the plan sets out activities that are permitted without permission and activities that need permission, and creates time‑ and place‑limited closures (secs.19–41; secs.79–81; sec.85 Michaelmas Cay).  \n- Traditional owners and Indigenous groups: it provides a formal accreditation route for TUMRAs that can authorise traditional harvesting or other customary activities, with specified application, assessment and record‑keeping requirements (secs.96–112).  \n- Researchers and scientific institutions: dedicated scientific research zones and restricted access SMAs provide privileges and bespoke arrangements (eg, Australian Institute of Marine Science, University of Sydney) for research access (secs.34–35; secs.60–61).  \n- Resource‑exploration and petroleum/mining interests: permissions for exploration/mining in prescribed exploration areas are specifically recognised but remain subject to permission processes (secs.20, 23).  \n- The department and the chief executive: central administrative responsibility for granting/refusing permissions, accrediting TUMRAs, imposing conditions, and running the notice/application processes (multiple sections, notably secs.20–41, 96–109, 113).  \n\n**Why it matters / how it changes behaviour and decisions**\n\n- Converts spatial design (maps and schedules) into legal rules about where activities may or may not be done and what authorisations are required (sec.16; sch.1; sch.8).  \n- Shifts many decisions to the chief executive: grant/refuse permissions, set conditions, accept evidence of historical fishing, accredit TUMRAs and amend/suspend them (see secs.20, 23, 26, 29, 52–53, 96–109). This concentrates administrative discretion in a single statutory office.  \n- Creates compliance and information requirements: some permissions require documentary proof (eg, historic fishing returns and Fisheries Act certificates for Princess Charlotte Bay applications, sec.53), notice filings (sec.90), and record‑keeping for TUMRA authorisations (sec.111).  \n\n**Stated purpose claims and an operational test against trade‑offs and risks**\n\nThe plan frames itself as a state application of Commonwealth zoning purposes (sec.4) and as delivering conservation‑oriented management of uses (eg, objectives for zones and SMAs: secs.16, 45, 48, 51, 55, 58, 63, 66, 72, 80, 83, 87). Testing that against operational costs and incentives:  \n\n- Who decides and who pays: the chief executive (and the administering department) decides on permissions, accreditations and conditions (secs.20–41, 96–109). Administrative costs (processing applications, managing records, publishing notices) fall to the department; compliance costs (applications, evidence, altered operational practices) fall mainly to users — commercial fishers, tour operators, resource companies, researchers and traditional owner groups.  \n- Concentrated benefits, diffuse costs: some provisions confer concentrated, durable entitlements. Example: Princess Charlotte Bay permits for netting (other than bait netting) are only available to holders of a primary commercial fishing boat licence that can demonstrate specific historic effort and catch between 1988–1999 (secs.52–53). That structure creates a narrow group with protected access while imposing restrictions on others. The commercial crab fishery areas similarly carve out privilege for C1 licence holders (sec.88).  \n- Compliance burden and evidentiary friction: permissions may require certified returns or fisheries certificates (sec.53), notice periods and conditions (sec.90), and TUMRA applicants must supply membership lists and confirmation from representative Aboriginal/Torres Strait Islander bodies (sec.98). These administrative requirements raise transaction costs and create potential delay.  \n- Bureaucratic discretion and implementation risk: repeated cross‑references to Commonwealth instruments (Commonwealth Zoning Plan and Regulations) and wide discretion to impose conditions or refuse/grant permissions place weight on administrative interpretation (secs.3–4, multiple zone provisions, secs.96–109). This raises litigation and review risk where stakeholders disagree about application of criteria (eg, “likely effect…on future options” for the park, sec.99).  \n- Substitution and spatial displacement effects: prohibitions or tighter controls in particular zones or SMAs will tend to move extractive or tourist activities into less protected zones or outside the park. The plan anticipates this by creating a multi‑zone system and, in some cases, permitting specific activities under controlled conditions (eg, limited line fishing in conservation park line fishing areas, sec.28).  \n- Targeted conservation trade‑offs: the plan creates time‑limited seasonal closures (max 6 months) targeted to protect animals at particular times (secs.79–81), balancing temporal restrictions against continued public or commercial use outside closure periods.  \n\n**Key practical mechanics to watch for**\n\n- The chief executive is the gatekeeper: permissions, accreditation, amendment, suspension and cancellation are largely administrative decisions (see secs.20–41, 96–109).  \n- Many rights and prohibitions are expressed by reference to the Commonwealth Zoning Plan and Commonwealth Regulations; understanding the full permission set requires consulting those Commonwealth instruments alongside this state plan (secs.3–4; multiple zone provisions).  \n- Boundary calculation is technical and prescriptive (GDA94 datum, geodesic lines, mangrove line rules) — important for map/legal certainty and compliance (secs.5–14).  \n- Specific industry or historical exceptions exist (Princess Charlotte Bay historical licence test, sec.52–53; commercial crab fishery C1 licence carve‑out, sec.88), which create durable, narrow entitlements that affected operators should document and preserve.  \n\nSources in the plan: see in particular the zoning definitions (sec.16), zone entry/use rules (secs.19–41), special management areas (sec.43 and sch.8), boundary and technical rules (secs.5–14), TUMRA accreditation and processes (secs.96–112), and permission/notice rules (secs.90–91, 113)."},"summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The plan's original scope in 2004 was to establish a zoning framework for the Great Barrier Reef Coast Marine Park mirroring the Commonwealth zoning structure. Over time, through amendments (notably 2006, 2007, 2008, 2011, 2016, and 2019), the scope expanded to include: more detailed special management area types (e.g., commercial crab fishery areas, the Michaelmas Cay restricted access area); updated cross-references to new subordinate legislation (e.g., Fisheries Declaration 2019 replacing older instruments); refined dugong protection provisions including new definitions for State restricted netting areas; and adjustments to traditional use of marine resources agreement frameworks. The core zoning structure remained consistent, but the regulatory detail and the number of designated area types increased substantially."},"complexity_factors":["Dual regulatory layer: the plan constantly cross-references and incorporates provisions from the Commonwealth (federal) Great Barrier Reef Marine Park Zoning Plan, creating a two-tier system that is difficult to read in isolation","Eight distinct zone types, each with different permitted/permissible use rules, requiring readers to cross-reference multiple sections and schedules","Thirteen types of designated/special management areas that overlay and modify the zone rules, adding a third layer of regulation","Extensive use of cross-references to external instruments: Commonwealth Zoning Plan, Commonwealth Regulation, Fisheries Act 1994, Fisheries Declaration 2019, Mineral Resources Act 1989, Petroleum Act 1923, and others","Complex boundary definitions using technical surveying language: geodesics, H.A.T. (Highest Astronomical Tide), L.A.T. (Lowest Astronomical Tide), mangrove lines, and coordinate references to GDA94 datum","Multiple schedules (at least 11) containing the detailed geographic descriptions of zones and areas, none of which are reproduced in the main text","Rules for working out areas where Commonwealth zones abut State territory, requiring mathematical extension of boundary lines using headland rules and intersection geometry","Special historical licensing criteria for commercial net fishing in Princess Charlotte Bay (referring back to catch records from 1988–1999)","Traditional Use of Marine Resources Agreement framework adding Indigenous rights as a further variable across all zones","Numerous defined terms with technical legal meanings, with the dictionary located in Schedule 11 and additional definitions scattered throughout individual sections","Interaction between zone rules and designated area rules is hierarchical and not always intuitive — designated areas can both restrict and expand what is allowed in a zone"],"plain_english_summary":"The Great Barrier Reef Coast Marine Park Zoning Plan 2004 is a Queensland law that divides State-managed reef waters into zones with different activity rules, from largely open use to strict no-take protection. It directly affects recreational and commercial fishers, tourism operators, researchers, Indigenous sea‑country users, and resource companies by regulating where and how activities like fishing, boating, and development may occur. Knowing your zone is crucial: rules (and penalties) vary sharply and the plan aligns State controls with Commonwealth reef protections."}},"importantCases":[],"_links":{"self":"/api/acts/marine-parks-great-barrier-reef-coast-zoning-plan-2004","history":"/api/acts/marine-parks-great-barrier-reef-coast-zoning-plan-2004/history","analysis":"/api/acts/marine-parks-great-barrier-reef-coast-zoning-plan-2004/analysis","conflicts":"/api/acts/marine-parks-great-barrier-reef-coast-zoning-plan-2004/conflicts","importantCases":"/api/acts/marine-parks-great-barrier-reef-coast-zoning-plan-2004/important-cases","documents":"/api/acts/marine-parks-great-barrier-reef-coast-zoning-plan-2004/documents"}}