{"id":"qld:sl-2017-0154","name":"Marine Parks Regulation 2017","slug":"marine-parks-regulation-2017","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"154 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174891,"registerId":"qld-qld:sl-2017-0154-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":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Marine Parks Regulation 2017 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 September 2017.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 6 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Provisions about areas within marine park","content":"# Provisions about areas within marine park","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Zones within marine park generally","content":"### sec.4 Zones within marine park generally\n\nA marine park may be comprised of 1 or more of the following zones—\ngeneral use zone;\nhabitat protection zone;\nconservation park zone;\nbuffer zone;\nscientific research zone;\nmarine national park zone;\npreservation zone.\nA marine park may also include a zone of a name and nature corresponding to a zone of the Commonwealth marine park.\nThe classes of zones mentioned in subsection (1) are listed in ascending order of the level of protection they must be given under the zoning plan applying to the marine park.\n(sec.4-ssec.1) A marine park may be comprised of 1 or more of the following zones— general use zone; habitat protection zone; conservation park zone; buffer zone; scientific research zone; marine national park zone; preservation zone.\n(sec.4-ssec.2) A marine park may also include a zone of a name and nature corresponding to a zone of the Commonwealth marine park.\n(sec.4-ssec.3) The classes of zones mentioned in subsection (1) are listed in ascending order of the level of protection they must be given under the zoning plan applying to the marine park.\n- (a) general use zone;\n- (b) habitat protection zone;\n- (c) conservation park zone;\n- (d) buffer zone;\n- (e) scientific research zone;\n- (f) marine national park zone;\n- (g) preservation zone.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Estuarine conservation zone in GBR Coast Marine Park","content":"### sec.5 Estuarine conservation zone in GBR Coast Marine Park\n\nDespite section 4 , the GBR Coast Marine Park may also include an estuarine conservation zone.\nThe estuarine conservation zone in the marine park falls between the habitat protection zone and the conservation park zone in the order of the level of protection that must be given to classes of zones under the zoning plan applying to the marine park.\n(sec.5-ssec.1) Despite section 4 , the GBR Coast Marine Park may also include an estuarine conservation zone.\n(sec.5-ssec.2) The estuarine conservation zone in the marine park falls between the habitat protection zone and the conservation park zone in the order of the level of protection that must be given to classes of zones under the zoning plan applying to the marine park.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Objects for zones","content":"### sec.6 Objects for zones\n\nThe objects to be achieved for a zone mentioned in section 4 (1) or 5 are stated in schedule 1 .","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Areas that are highly protected areas","content":"### sec.7 Areas that are highly protected areas\n\nFor the Act , schedule, definition highly protected area , paragraph (b) , a zone classified as a buffer zone or a scientific research zone is a highly protected area.","sortOrder":8},{"sectionNumber":"pt.3","sectionType":"part","heading":"Permissions to enter or use marine park","content":"# Permissions to enter or use marine park","sortOrder":9},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Application for permission","content":"## Application for permission","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Requirements for application","content":"### sec.8 Requirements for application\n\nA person may apply to the chief executive for the grant of a permission for a marine park or a part of a marine park.\nThe application must—\nbe in the approved form; and\nbe supported by enough information to enable the application to be decided, including the information mentioned in schedule 2 ; and\ncomply with any other requirements for the application under a zoning plan applying to the marine park.\n(sec.8-ssec.1) A person may apply to the chief executive for the grant of a permission for a marine park or a part of a marine park.\n(sec.8-ssec.2) The application must— be in the approved form; and be supported by enough information to enable the application to be decided, including the information mentioned in schedule 2 ; and comply with any other requirements for the application under a zoning plan applying to the marine park.\n- (a) be in the approved form; and\n- (b) be supported by enough information to enable the application to be decided, including the information mentioned in schedule 2 ; and\n- (c) comply with any other requirements for the application under a zoning plan applying to the marine park.","sortOrder":11},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Considering and deciding application for permission","content":"## Considering and deciding application for permission","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Fee must be paid","content":"### sec.9 Fee must be paid\n\nThis section applies to an application for a permission for which a fee is payable if the fee does not accompany the application.\nThe chief executive must, by notice—\nask the applicant to pay the fee within a stated period of at least 60 business days after receiving the notice; and\nadvise the applicant that if the fee is not paid within the stated period, the chief executive may refuse to decide the application under this section.\nThe chief executive may refuse to decide the application until the fee is paid.\n(sec.9-ssec.1) This section applies to an application for a permission for which a fee is payable if the fee does not accompany the application.\n(sec.9-ssec.2) The chief executive must, by notice— ask the applicant to pay the fee within a stated period of at least 60 business days after receiving the notice; and advise the applicant that if the fee is not paid within the stated period, the chief executive may refuse to decide the application under this section.\n(sec.9-ssec.3) The chief executive may refuse to decide the application until the fee is paid.\n- (a) ask the applicant to pay the fee within a stated period of at least 60 business days after receiving the notice; and\n- (b) advise the applicant that if the fee is not paid within the stated period, the chief executive may refuse to decide the application under this section.","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Matters to which chief executive must have regard","content":"### sec.10 Matters to which chief executive must have regard\n\nIn considering an application for a permission for a marine park or a part of a marine park, the chief executive must have regard to all of the following—\nthe potential impact of the conduct proposed to be permitted under the permission (the proposed conduct ) on the environment and on the cultural resources of the marine park or part;\noptions for monitoring, managing and mitigating the potential impact of the proposed conduct on the environment and on the cultural resources of the marine park or part;\nif the proposed conduct will take place in an area to which a zoning plan applies—the objects of the area as set out in the zoning plan;\nany written submissions received about the application in response to any public notice of the application given under section 15 ;\nany other matters relevant to the orderly and proper management of the marine park.\n- (a) the potential impact of the conduct proposed to be permitted under the permission (the proposed conduct ) on the environment and on the cultural resources of the marine park or part;\n- (b) options for monitoring, managing and mitigating the potential impact of the proposed conduct on the environment and on the cultural resources of the marine park or part;\n- (c) if the proposed conduct will take place in an area to which a zoning plan applies—the objects of the area as set out in the zoning plan;\n- (d) any written submissions received about the application in response to any public notice of the application given under section 15 ;\n- (e) any other matters relevant to the orderly and proper management of the marine park.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Other matters to which chief executive may have regard","content":"### sec.11 Other matters to which chief executive may have regard\n\nIn considering an application for a permission for a marine park or a part of a marine park, the chief executive may also have regard to the following—\nthe effect that the grant of the permission will have on public appreciation, understanding, and enjoyment of the marine park;\nthe potential impact of the conduct proposed to be permitted under the permission (the proposed conduct ) on other conduct in the relevant area or nearby areas, or in the marine park, that is being undertaken, is planned, is in progress, or is reasonably foreseeable at the time of the chief executive’s consideration of the application, whether or not related to or a consequence of the proposed conduct;\nany policy or guideline issued by the chief executive about the management of the marine park or the performance of the chief executive’s functions under the Act ;\nif the application for the permission relates to an undeveloped project the cost of which will be large—the capacity of the applicant to satisfactorily develop and manage the project;\nif the proposed conduct also requires an approval or a permission under a law of the State or a law of the Commonwealth or another State—\nwhether the approval or permission has been granted and, if so, its terms; or\nwhether the approval or permission is likely to be granted and, if granted, its likely terms;\nany relevant intergovernmental, Australian or international agreement, code, instrument, protocol or standard;\nany relevant law of the State or of the Commonwealth, or a relevant instrument;\nany relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) , or any conservation plan under the Nature Conservation Act 1992 ;\nwhether the applicant for the permission is a suitable person to hold the permission, having regard to—\nthe applicant’s history in relation to environment matters; and\nif the applicant is a body corporate—the history of its executive officers in relation to environment matters; and\nif the applicant is a company that is a subsidiary of another company (the parent body )—the history of the parent body and its executive officers in relation to environment matters; and\nwhether the applicant owes any amount payable under the Act ;\nthe likely cumulative effect of the applicant’s proposed use and other uses on a marine park;\nany other matters relevant to achieving the purpose of the Act .\nIn this section—\nrelevant instrument , for a marine park or a part of a marine park, means—\na management plan applying to the marine park or part; or\na management statement or management plan under the Nature Conservation Act 1992 applying to a protected area under that Act that is within or adjacent to the marine park or part; or\na management plan under the Recreation Areas Management Act 2006 applying to a recreation area under that Act that is within or adjacent to the marine park or part; or\na plan of management under the Commonwealth Act applying to an area of the Commonwealth marine park that is within or adjacent to the marine park or part; or\na coastal plan under the Coastal Protection and Management Act 1995 applying to the coastal zone under that Act that is within or adjacent to the marine park or part; or\nany other instrument made under an Act that the chief executive considers is relevant.\nan instrument about the management of the environment\n(sec.11-ssec.1) In considering an application for a permission for a marine park or a part of a marine park, the chief executive may also have regard to the following— the effect that the grant of the permission will have on public appreciation, understanding, and enjoyment of the marine park; the potential impact of the conduct proposed to be permitted under the permission (the proposed conduct ) on other conduct in the relevant area or nearby areas, or in the marine park, that is being undertaken, is planned, is in progress, or is reasonably foreseeable at the time of the chief executive’s consideration of the application, whether or not related to or a consequence of the proposed conduct; any policy or guideline issued by the chief executive about the management of the marine park or the performance of the chief executive’s functions under the Act ; if the application for the permission relates to an undeveloped project the cost of which will be large—the capacity of the applicant to satisfactorily develop and manage the project; if the proposed conduct also requires an approval or a permission under a law of the State or a law of the Commonwealth or another State— whether the approval or permission has been granted and, if so, its terms; or whether the approval or permission is likely to be granted and, if granted, its likely terms; any relevant intergovernmental, Australian or international agreement, code, instrument, protocol or standard; any relevant law of the State or of the Commonwealth, or a relevant instrument; any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) , or any conservation plan under the Nature Conservation Act 1992 ; whether the applicant for the permission is a suitable person to hold the permission, having regard to— the applicant’s history in relation to environment matters; and if the applicant is a body corporate—the history of its executive officers in relation to environment matters; and if the applicant is a company that is a subsidiary of another company (the parent body )—the history of the parent body and its executive officers in relation to environment matters; and whether the applicant owes any amount payable under the Act ; the likely cumulative effect of the applicant’s proposed use and other uses on a marine park; any other matters relevant to achieving the purpose of the Act .\n(sec.11-ssec.2) In this section— relevant instrument , for a marine park or a part of a marine park, means— a management plan applying to the marine park or part; or a management statement or management plan under the Nature Conservation Act 1992 applying to a protected area under that Act that is within or adjacent to the marine park or part; or a management plan under the Recreation Areas Management Act 2006 applying to a recreation area under that Act that is within or adjacent to the marine park or part; or a plan of management under the Commonwealth Act applying to an area of the Commonwealth marine park that is within or adjacent to the marine park or part; or a coastal plan under the Coastal Protection and Management Act 1995 applying to the coastal zone under that Act that is within or adjacent to the marine park or part; or any other instrument made under an Act that the chief executive considers is relevant. an instrument about the management of the environment\n- (a) the effect that the grant of the permission will have on public appreciation, understanding, and enjoyment of the marine park;\n- (b) the potential impact of the conduct proposed to be permitted under the permission (the proposed conduct ) on other conduct in the relevant area or nearby areas, or in the marine park, that is being undertaken, is planned, is in progress, or is reasonably foreseeable at the time of the chief executive’s consideration of the application, whether or not related to or a consequence of the proposed conduct;\n- (c) any policy or guideline issued by the chief executive about the management of the marine park or the performance of the chief executive’s functions under the Act ;\n- (d) if the application for the permission relates to an undeveloped project the cost of which will be large—the capacity of the applicant to satisfactorily develop and manage the project;\n- (e) if the proposed conduct also requires an approval or a permission under a law of the State or a law of the Commonwealth or another State— (i) whether the approval or permission has been granted and, if so, its terms; or (ii) whether the approval or permission is likely to be granted and, if granted, its likely terms;\n- (i) whether the approval or permission has been granted and, if so, its terms; or\n- (ii) whether the approval or permission is likely to be granted and, if granted, its likely terms;\n- (f) any relevant intergovernmental, Australian or international agreement, code, instrument, protocol or standard;\n- (g) any relevant law of the State or of the Commonwealth, or a relevant instrument;\n- (h) any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) , or any conservation plan under the Nature Conservation Act 1992 ;\n- (i) whether the applicant for the permission is a suitable person to hold the permission, having regard to— (i) the applicant’s history in relation to environment matters; and (ii) if the applicant is a body corporate—the history of its executive officers in relation to environment matters; and (iii) if the applicant is a company that is a subsidiary of another company (the parent body )—the history of the parent body and its executive officers in relation to environment matters; and (iv) whether the applicant owes any amount payable under the Act ;\n- (i) the applicant’s history in relation to environment matters; and\n- (ii) if the applicant is a body corporate—the history of its executive officers in relation to environment matters; and\n- (iii) if the applicant is a company that is a subsidiary of another company (the parent body )—the history of the parent body and its executive officers in relation to environment matters; and\n- (iv) whether the applicant owes any amount payable under the Act ;\n- (j) the likely cumulative effect of the applicant’s proposed use and other uses on a marine park;\n- (k) any other matters relevant to achieving the purpose of the Act .\n- (i) whether the approval or permission has been granted and, if so, its terms; or\n- (ii) whether the approval or permission is likely to be granted and, if granted, its likely terms;\n- (i) the applicant’s history in relation to environment matters; and\n- (ii) if the applicant is a body corporate—the history of its executive officers in relation to environment matters; and\n- (iii) if the applicant is a company that is a subsidiary of another company (the parent body )—the history of the parent body and its executive officers in relation to environment matters; and\n- (iv) whether the applicant owes any amount payable under the Act ;\n- (a) a management plan applying to the marine park or part; or\n- (b) a management statement or management plan under the Nature Conservation Act 1992 applying to a protected area under that Act that is within or adjacent to the marine park or part; or\n- (c) a management plan under the Recreation Areas Management Act 2006 applying to a recreation area under that Act that is within or adjacent to the marine park or part; or\n- (d) a plan of management under the Commonwealth Act applying to an area of the Commonwealth marine park that is within or adjacent to the marine park or part; or\n- (e) a coastal plan under the Coastal Protection and Management Act 1995 applying to the coastal zone under that Act that is within or adjacent to the marine park or part; or\n- (f) any other instrument made under an Act that the chief executive considers is relevant. Example of an instrument for paragraph (f) — an instrument about the management of the environment","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Chief executive’s power to require further information or document","content":"### sec.12 Chief executive’s power to require further information or document\n\nBefore deciding an application for a permission, the chief executive may, by notice given to the applicant, ask the applicant to give the chief executive, within the reasonable period of at least 20 business days stated in the notice, any further information or document the chief executive reasonably requires to decide the application.\nThe chief executive may require the information or document to be verified by a statutory declaration.\nThe applicant is taken to have withdrawn the application if the applicant does not comply with the request.\nThe chief executive may extend the period within which the information or document must be given.\n(sec.12-ssec.1) Before deciding an application for a permission, the chief executive may, by notice given to the applicant, ask the applicant to give the chief executive, within the reasonable period of at least 20 business days stated in the notice, any further information or document the chief executive reasonably requires to decide the application.\n(sec.12-ssec.2) The chief executive may require the information or document to be verified by a statutory declaration.\n(sec.12-ssec.3) The applicant is taken to have withdrawn the application if the applicant does not comply with the request.\n(sec.12-ssec.4) The chief executive may extend the period within which the information or document must be given.","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Amending application","content":"### sec.13 Amending application\n\nIf the chief executive agrees, the applicant may amend the application before the chief executive has finished considering it.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Requirements if environmental impact statement requested by chief executive","content":"### sec.14 Requirements if environmental impact statement requested by chief executive\n\nThis section applies if the chief executive has, under section 12 , asked the applicant to give the chief executive an environmental impact statement about the applicant’s proposed use for the marine park, or the part of a marine park, the subject of the application.\nThe EIS process under the Environmental Protection Act 1994 applies for the environmental impact statement as if the proposed use were a project to which chapter 3 , part 1 of that Act applies.\nThe applicant must pay the costs of preparing the environmental impact statement.\nIn this section—\nEIS process see the Environmental Protection Act 1994 , schedule 4 .\n(sec.14-ssec.1) This section applies if the chief executive has, under section 12 , asked the applicant to give the chief executive an environmental impact statement about the applicant’s proposed use for the marine park, or the part of a marine park, the subject of the application.\n(sec.14-ssec.2) The EIS process under the Environmental Protection Act 1994 applies for the environmental impact statement as if the proposed use were a project to which chapter 3 , part 1 of that Act applies.\n(sec.14-ssec.3) The applicant must pay the costs of preparing the environmental impact statement.\n(sec.14-ssec.4) In this section— EIS process see the Environmental Protection Act 1994 , schedule 4 .","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Chief executive may request public notice of application","content":"### sec.15 Chief executive may request public notice of application\n\nThis section applies if the chief executive considers the grant of a permission may—\nhave a significant impact on the use and non-use values of a marine park or a part of a marine park; or\nrestrict the reasonable use or enjoyment of a part of a marine park by persons other than the applicant for the permission.\nThe chief executive may give the applicant a notice stating—\nthe applicant must give public notice of the application for the permission within a stated period; and\nthe information that must be included in the notice the subject of the public notice; and\nthe number of times, being not more than 2, the public notice must be given.\nThe applicant must give the public notice and ensure it—\nincludes the stated information; and\ninvites interested persons to make written submissions to the chief executive, in relation to the application—\nat an address stated in the notice; and\nwithin a stated period of at least 30 business days.\nBefore deciding whether or not to grant the permission, the chief executive must consider any written submissions received by the chief executive in response to the public notice within the stated period.\nThe applicant is taken to have withdrawn the application if the applicant does not comply with—\na notice given under subsection (2) ; or\nthe requirements for giving the public notice under subsection (3) .\n(sec.15-ssec.1) This section applies if the chief executive considers the grant of a permission may— have a significant impact on the use and non-use values of a marine park or a part of a marine park; or restrict the reasonable use or enjoyment of a part of a marine park by persons other than the applicant for the permission.\n(sec.15-ssec.2) The chief executive may give the applicant a notice stating— the applicant must give public notice of the application for the permission within a stated period; and the information that must be included in the notice the subject of the public notice; and the number of times, being not more than 2, the public notice must be given.\n(sec.15-ssec.3) The applicant must give the public notice and ensure it— includes the stated information; and invites interested persons to make written submissions to the chief executive, in relation to the application— at an address stated in the notice; and within a stated period of at least 30 business days.\n(sec.15-ssec.4) Before deciding whether or not to grant the permission, the chief executive must consider any written submissions received by the chief executive in response to the public notice within the stated period.\n(sec.15-ssec.5) The applicant is taken to have withdrawn the application if the applicant does not comply with— a notice given under subsection (2) ; or the requirements for giving the public notice under subsection (3) .\n- (a) have a significant impact on the use and non-use values of a marine park or a part of a marine park; or\n- (b) restrict the reasonable use or enjoyment of a part of a marine park by persons other than the applicant for the permission.\n- (a) the applicant must give public notice of the application for the permission within a stated period; and\n- (b) the information that must be included in the notice the subject of the public notice; and\n- (c) the number of times, being not more than 2, the public notice must be given.\n- (a) includes the stated information; and\n- (b) invites interested persons to make written submissions to the chief executive, in relation to the application— (i) at an address stated in the notice; and (ii) within a stated period of at least 30 business days.\n- (i) at an address stated in the notice; and\n- (ii) within a stated period of at least 30 business days.\n- (i) at an address stated in the notice; and\n- (ii) within a stated period of at least 30 business days.\n- (a) a notice given under subsection (2) ; or\n- (b) the requirements for giving the public notice under subsection (3) .","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Deciding application","content":"### sec.16 Deciding application\n\nThe chief executive must consider each application for a permission and, within a reasonable period, decide—\nto grant the permission, with or without conditions; or\nto refuse to grant the permission.\nSubsection (3) applies if the application is for a new permission to commence immediately after an existing permission of the same type expires.\nWithout limiting subsection (1) , the chief executive may decide to refuse the application if the chief executive reasonably believes—\nthe existing permission was obtained on the basis of incorrect or misleading information; or\nthe holder of the existing permission has contravened a condition of the permission.\n(sec.16-ssec.1) The chief executive must consider each application for a permission and, within a reasonable period, decide— to grant the permission, with or without conditions; or to refuse to grant the permission.\n(sec.16-ssec.2) Subsection (3) applies if the application is for a new permission to commence immediately after an existing permission of the same type expires.\n(sec.16-ssec.3) Without limiting subsection (1) , the chief executive may decide to refuse the application if the chief executive reasonably believes— the existing permission was obtained on the basis of incorrect or misleading information; or the holder of the existing permission has contravened a condition of the permission.\n- (a) to grant the permission, with or without conditions; or\n- (b) to refuse to grant the permission.\n- (a) the existing permission was obtained on the basis of incorrect or misleading information; or\n- (b) the holder of the existing permission has contravened a condition of the permission.","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Only suitable person can hold permission","content":"### sec.17 Only suitable person can hold permission\n\nThe chief executive may grant a permission only if the chief executive is satisfied the applicant is a suitable person to hold the permission.","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Restriction on grant of permission for commercial whale watching program","content":"### sec.18 Restriction on grant of permission for commercial whale watching program\n\nThe chief executive may grant a permission authorising the conducting of a commercial whale watching program in the Great Sandy Marine Park only if there are fewer than 20 current authorities applying for the marine park.\nThe chief executive may grant a permission authorising the conducting of a commercial whale watching program in the Moreton Bay Marine Park only if there are fewer than 3 current authorities applying for the marine park.\nHowever, the chief executive can not grant a permission authorising the conducting of a commercial whale watching program in the Point Lookout area within the Moreton Bay Marine Park unless—\nthe applicant for the permission is—\nthe registered native title body corporate for the area or a part of the area; or\na traditional owner for the area or a part of the area whom the registered native title body corporate for the area or part considers to be an appropriate person to conduct the program in the area; or\na corporation, an executive officer of which is a traditional owner for the area or a part of the area whom the registered native title body corporate for the area or part considers to be an appropriate person to conduct the program in the area; and\nthere is no current authority applying for the marine park that authorises the conducting of a commercial whale watching program in the area.\nAlso, the chief executive may grant a permission authorising the conducting of a commercial whale watching program in the Point Lookout area within the Moreton Bay Marine Park if—\nthere are 3 current authorities applying for the marine park; and\nthe applicant for the permission is—\nthe holder of 1 of the current authorities; and\na person mentioned in section 18 (3) (a) ; and\nthere is no current authority applying for the marine park that authorises the conducting of a commercial whale watching program in the area.\nIn this section—\ncurrent authority means—\na permission in force under the Act ; or\nan authorisation under a commercial activity agreement.\nPoint Lookout area , within the Moreton Bay Marine Park, means the area bounded by a line starting at the intersection of the marine park boundary on the eastern side of Moreton Island and the parallel of latitude 27º18.000' south (at about the point of 27º18.000' south, 153º25.484' east) then running progressively—\neast along the parallel of latitude 27º18.000' south to the intersection with the limit of coastal waters of the State (at about the point of 27º18.000' south, 153º35.352' east); and\ngenerally southerly along the limit of coastal waters of the State to the intersection with the parallel of latitude 27º33.000' south (at about the point of 27º33.000' south, 153º33.142' east); and\nwest along the parallel of latitude 27º33.000' south to the intersection with the marine park boundary on the eastern side of North Stradbroke Island (at about the point 27º33.000' south, 153º29.512' east); and\ngenerally northerly along the marine park boundary on the eastern side of North Stradbroke Island to the intersection with the meridian of longitude 153º27.297' east (at about the point of 27º23.338' south, 153º27.297' east); and\nnortherly along the geodesic to the intersection of the marine park boundary on the eastern side of Moreton Island and the parallel of latitude 27º20.370' south (at about the point of 27º20.370' south, 153º26.293' east); and\ngenerally northerly along the marine park boundary on the eastern side of Moreton Island to the starting point.\nThe latitudes and longitudes mentioned in this section are worked out using the Geocentric Datum of Australia, commonly called ‘GDA94’, notified in the Commonwealth Government Gazette No. GN 35 on 6 September 1995, at page 3369.\nregistered native title body corporate see the Native Title Act 1993 (Cwlth) , section 253 .\ntraditional owner , for an area of the Moreton Bay Marine Park, see the Marine Parks (Moreton Bay) Zoning Plan 2019 , schedule 5 .\ns 18 amd 2018 SL No. 109 s 3 ; 2019 SL No. 176 s 8\n(sec.18-ssec.1) The chief executive may grant a permission authorising the conducting of a commercial whale watching program in the Great Sandy Marine Park only if there are fewer than 20 current authorities applying for the marine park.\n(sec.18-ssec.2) The chief executive may grant a permission authorising the conducting of a commercial whale watching program in the Moreton Bay Marine Park only if there are fewer than 3 current authorities applying for the marine park.\n(sec.18-ssec.3) However, the chief executive can not grant a permission authorising the conducting of a commercial whale watching program in the Point Lookout area within the Moreton Bay Marine Park unless— the applicant for the permission is— the registered native title body corporate for the area or a part of the area; or a traditional owner for the area or a part of the area whom the registered native title body corporate for the area or part considers to be an appropriate person to conduct the program in the area; or a corporation, an executive officer of which is a traditional owner for the area or a part of the area whom the registered native title body corporate for the area or part considers to be an appropriate person to conduct the program in the area; and there is no current authority applying for the marine park that authorises the conducting of a commercial whale watching program in the area.\n(sec.18-ssec.4) Also, the chief executive may grant a permission authorising the conducting of a commercial whale watching program in the Point Lookout area within the Moreton Bay Marine Park if— there are 3 current authorities applying for the marine park; and the applicant for the permission is— the holder of 1 of the current authorities; and a person mentioned in section 18 (3) (a) ; and there is no current authority applying for the marine park that authorises the conducting of a commercial whale watching program in the area.\n(sec.18-ssec.5) In this section— current authority means— a permission in force under the Act ; or an authorisation under a commercial activity agreement. Point Lookout area , within the Moreton Bay Marine Park, means the area bounded by a line starting at the intersection of the marine park boundary on the eastern side of Moreton Island and the parallel of latitude 27º18.000' south (at about the point of 27º18.000' south, 153º25.484' east) then running progressively— east along the parallel of latitude 27º18.000' south to the intersection with the limit of coastal waters of the State (at about the point of 27º18.000' south, 153º35.352' east); and generally southerly along the limit of coastal waters of the State to the intersection with the parallel of latitude 27º33.000' south (at about the point of 27º33.000' south, 153º33.142' east); and west along the parallel of latitude 27º33.000' south to the intersection with the marine park boundary on the eastern side of North Stradbroke Island (at about the point 27º33.000' south, 153º29.512' east); and generally northerly along the marine park boundary on the eastern side of North Stradbroke Island to the intersection with the meridian of longitude 153º27.297' east (at about the point of 27º23.338' south, 153º27.297' east); and northerly along the geodesic to the intersection of the marine park boundary on the eastern side of Moreton Island and the parallel of latitude 27º20.370' south (at about the point of 27º20.370' south, 153º26.293' east); and generally northerly along the marine park boundary on the eastern side of Moreton Island to the starting point. The latitudes and longitudes mentioned in this section are worked out using the Geocentric Datum of Australia, commonly called ‘GDA94’, notified in the Commonwealth Government Gazette No. GN 35 on 6 September 1995, at page 3369. registered native title body corporate see the Native Title Act 1993 (Cwlth) , section 253 . traditional owner , for an area of the Moreton Bay Marine Park, see the Marine Parks (Moreton Bay) Zoning Plan 2019 , schedule 5 .\n- (a) the applicant for the permission is— (i) the registered native title body corporate for the area or a part of the area; or (ii) a traditional owner for the area or a part of the area whom the registered native title body corporate for the area or part considers to be an appropriate person to conduct the program in the area; or (iii) a corporation, an executive officer of which is a traditional owner for the area or a part of the area whom the registered native title body corporate for the area or part considers to be an appropriate person to conduct the program in the area; and\n- (i) the registered native title body corporate for the area or a part of the area; or\n- (ii) a traditional owner for the area or a part of the area whom the registered native title body corporate for the area or part considers to be an appropriate person to conduct the program in the area; or\n- (iii) a corporation, an executive officer of which is a traditional owner for the area or a part of the area whom the registered native title body corporate for the area or part considers to be an appropriate person to conduct the program in the area; and\n- (b) there is no current authority applying for the marine park that authorises the conducting of a commercial whale watching program in the area.\n- (i) the registered native title body corporate for the area or a part of the area; or\n- (ii) a traditional owner for the area or a part of the area whom the registered native title body corporate for the area or part considers to be an appropriate person to conduct the program in the area; or\n- (iii) a corporation, an executive officer of which is a traditional owner for the area or a part of the area whom the registered native title body corporate for the area or part considers to be an appropriate person to conduct the program in the area; and\n- (a) there are 3 current authorities applying for the marine park; and\n- (b) the applicant for the permission is— (i) the holder of 1 of the current authorities; and (ii) a person mentioned in section 18 (3) (a) ; and\n- (i) the holder of 1 of the current authorities; and\n- (ii) a person mentioned in section 18 (3) (a) ; and\n- (c) there is no current authority applying for the marine park that authorises the conducting of a commercial whale watching program in the area.\n- (i) the holder of 1 of the current authorities; and\n- (ii) a person mentioned in section 18 (3) (a) ; and\n- (a) a permission in force under the Act ; or\n- (b) an authorisation under a commercial activity agreement.\n- (a) east along the parallel of latitude 27º18.000' south to the intersection with the limit of coastal waters of the State (at about the point of 27º18.000' south, 153º35.352' east); and\n- (b) generally southerly along the limit of coastal waters of the State to the intersection with the parallel of latitude 27º33.000' south (at about the point of 27º33.000' south, 153º33.142' east); and\n- (c) west along the parallel of latitude 27º33.000' south to the intersection with the marine park boundary on the eastern side of North Stradbroke Island (at about the point 27º33.000' south, 153º29.512' east); and\n- (d) generally northerly along the marine park boundary on the eastern side of North Stradbroke Island to the intersection with the meridian of longitude 153º27.297' east (at about the point of 27º23.338' south, 153º27.297' east); and\n- (e) northerly along the geodesic to the intersection of the marine park boundary on the eastern side of Moreton Island and the parallel of latitude 27º20.370' south (at about the point of 27º20.370' south, 153º26.293' east); and\n- (f) generally northerly along the marine park boundary on the eastern side of Moreton Island to the starting point.","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Restriction on grant of permission authorising feeding of dolphins","content":"### sec.19 Restriction on grant of permission authorising feeding of dolphins\n\nThe chief executive may grant a permission authorising the feeding of dolphins in a marine park or a part of a marine park only to a person who holds—\na 2006 relevant permission for the marine park or part; or\nan existing relevant permission for the marine park or part.\nThe term of the permission granted to a person under subsection (1) must start immediately after the expiry of the 2006 relevant permission or the existing relevant permission held by the person.\nIn this section—\n2006 relevant permission , for a marine park or a part of a marine park, means a permission that—\nwas granted under the 2006 regulation, section 16 ; and\nauthorises the feeding of dolphins in the marine park or part.\nexisting relevant permission , for a marine park or a part of a marine park, means a permission that—\nwas granted under section 16 ; and\nauthorises the feeding of dolphins in the marine park or part.\n(sec.19-ssec.1) The chief executive may grant a permission authorising the feeding of dolphins in a marine park or a part of a marine park only to a person who holds— a 2006 relevant permission for the marine park or part; or an existing relevant permission for the marine park or part.\n(sec.19-ssec.2) The term of the permission granted to a person under subsection (1) must start immediately after the expiry of the 2006 relevant permission or the existing relevant permission held by the person.\n(sec.19-ssec.3) In this section— 2006 relevant permission , for a marine park or a part of a marine park, means a permission that— was granted under the 2006 regulation, section 16 ; and authorises the feeding of dolphins in the marine park or part. existing relevant permission , for a marine park or a part of a marine park, means a permission that— was granted under section 16 ; and authorises the feeding of dolphins in the marine park or part.\n- (a) a 2006 relevant permission for the marine park or part; or\n- (b) an existing relevant permission for the marine park or part.\n- (a) was granted under the 2006 regulation, section 16 ; and\n- (b) authorises the feeding of dolphins in the marine park or part.\n- (a) was granted under section 16 ; and\n- (b) authorises the feeding of dolphins in the marine park or part.","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Permission can not be granted if plan restricts the grant","content":"### sec.20 Permission can not be granted if plan restricts the grant\n\nThe chief executive can not grant a permission for a marine park, or a part of a marine park, that is inconsistent with a zoning plan or management plan applying to the marine park.\nA zoning plan or management plan applying to the marine park provides that permissions for the park may be granted for particular purposes. The proposed permission is for, or includes, a purpose other than those purposes.","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"Restriction on grant of permission about insurance","content":"### sec.21 Restriction on grant of permission about insurance\n\nThe chief executive may grant a permission to a person only if the chief executive considers there is adequate insurance cover for the activities proposed to be conducted under the permission.\nHowever, subsection (1) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities, including whether insurance is commonly available for the activities.\n(sec.21-ssec.1) The chief executive may grant a permission to a person only if the chief executive considers there is adequate insurance cover for the activities proposed to be conducted under the permission.\n(sec.21-ssec.2) However, subsection (1) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities, including whether insurance is commonly available for the activities.","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"Steps to be taken after application decided","content":"### sec.22 Steps to be taken after application decided\n\nIf the chief executive decides to grant a permission, the chief executive must, as soon as practicable after making the decision, give the applicant—\nthe permission; and\nif a condition imposed by the chief executive is stated on the permission—an information notice about the decision to impose the condition.\nSubsection (1) (b) does not apply for a condition that the applicant has requested or permitted in the application.\nThe applicant has applied for a permission to authorise the conducting of a commercial activity in a marine park for 30 persons and the chief executive grants the permission subject to the condition that the permission only authorises its holder to conduct the commercial activity for 30 persons.\nWithout limiting the conditions the chief executive may impose on a permission, the chief executive may impose either of the following conditions on a permission—\na condition that provides for an indemnity for the State against any liability for loss or damage that is suffered by any person and is caused, whether directly or indirectly, by the activities conducted under the permission;\na condition that provides for the compensation or reimbursement of any loss or expense incurred by the State in relation to activities conducted under the permission.\nIf the chief executive decides to refuse the application, the chief executive must, as soon as practicable after making the decision, give the applicant an information notice about the decision.\n(sec.22-ssec.1) If the chief executive decides to grant a permission, the chief executive must, as soon as practicable after making the decision, give the applicant— the permission; and if a condition imposed by the chief executive is stated on the permission—an information notice about the decision to impose the condition.\n(sec.22-ssec.2) Subsection (1) (b) does not apply for a condition that the applicant has requested or permitted in the application. The applicant has applied for a permission to authorise the conducting of a commercial activity in a marine park for 30 persons and the chief executive grants the permission subject to the condition that the permission only authorises its holder to conduct the commercial activity for 30 persons.\n(sec.22-ssec.3) Without limiting the conditions the chief executive may impose on a permission, the chief executive may impose either of the following conditions on a permission— a condition that provides for an indemnity for the State against any liability for loss or damage that is suffered by any person and is caused, whether directly or indirectly, by the activities conducted under the permission; a condition that provides for the compensation or reimbursement of any loss or expense incurred by the State in relation to activities conducted under the permission.\n(sec.22-ssec.4) If the chief executive decides to refuse the application, the chief executive must, as soon as practicable after making the decision, give the applicant an information notice about the decision.\n- (a) the permission; and\n- (b) if a condition imposed by the chief executive is stated on the permission—an information notice about the decision to impose the condition.\n- (a) a condition that provides for an indemnity for the State against any liability for loss or damage that is suffered by any person and is caused, whether directly or indirectly, by the activities conducted under the permission;\n- (b) a condition that provides for the compensation or reimbursement of any loss or expense incurred by the State in relation to activities conducted under the permission.","sortOrder":26},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Form of permission","content":"## Form of permission","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Permission to be written","content":"### sec.23 Permission to be written\n\nA permission granted under this part must be written.\nThe chief executive may use 1 document for the grant of 2 or more permissions under this part.\nAlso, the chief executive may use an instrument that has been used for the grant of a Commonwealth permission for the grant of a permission under this part.\n(sec.23-ssec.1) A permission granted under this part must be written.\n(sec.23-ssec.2) The chief executive may use 1 document for the grant of 2 or more permissions under this part.\n(sec.23-ssec.3) Also, the chief executive may use an instrument that has been used for the grant of a Commonwealth permission for the grant of a permission under this part.","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Matters to be stated on permission","content":"### sec.24 Matters to be stated on permission\n\nA permission granted under this part must state each of the following—\nthe date it was granted;\nif it does not commence on the date it was granted—its commencement date;\neither its term or its expiry date;\nthe holder’s name and, if the holder is a corporation, its ABN or ACN;\nthe holder’s place of business;\nthe marine park or the part of a marine park that may be entered or used under the permission;\nif a part of a marine park that is within a zone or designated area is to be entered or used under the permission—the name of the zone or designated area;\nthe purpose for which the entry or use is authorised;\nif the permission authorises the holder to take natural or cultural resources in the marine park—the natural or cultural resources that may be taken under the permission;\nany conditions imposed by the chief executive on the permission.\n- (a) the date it was granted;\n- (b) if it does not commence on the date it was granted—its commencement date;\n- (c) either its term or its expiry date;\n- (d) the holder’s name and, if the holder is a corporation, its ABN or ACN;\n- (e) the holder’s place of business;\n- (f) the marine park or the part of a marine park that may be entered or used under the permission;\n- (g) if a part of a marine park that is within a zone or designated area is to be entered or used under the permission—the name of the zone or designated area;\n- (h) the purpose for which the entry or use is authorised;\n- (i) if the permission authorises the holder to take natural or cultural resources in the marine park—the natural or cultural resources that may be taken under the permission;\n- (j) any conditions imposed by the chief executive on the permission.","sortOrder":29},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Amendment, suspension or cancellation of permission","content":"## Amendment, suspension or cancellation of permission","sortOrder":30},{"sectionNumber":"sec.25","sectionType":"section","heading":"Amendment by chief executive","content":"### sec.25 Amendment by chief executive\n\nThis section applies if—\nthe chief executive reasonably believes a permission should be amended; and\nthe proposed amendment is a minor amendment.\nThe chief executive may amend the permission by giving the holder of the permission notice of the amendment.\nThe notice must state the reasons for the amendment.\nSections 28 and 29 do not apply to the amendment.\nThe amendment takes effect on the later of the following days—\nthe day the notice is given to the holder;\nthe day of effect stated in the notice.\nThe effect of the amendment does not depend on the amendment being noted on the permission.\nIn this section—\nminor amendment means an amendment that—\nomits a condition, if the omission does not adversely affect the holder’s interest; or\ncorrects an error; or\nmakes another change, other than a change of substance, that does not adversely affect the holder’s interests.\ns 25 amd 2024 SL No. 25 s 13\n(sec.25-ssec.1) This section applies if— the chief executive reasonably believes a permission should be amended; and the proposed amendment is a minor amendment.\n(sec.25-ssec.2) The chief executive may amend the permission by giving the holder of the permission notice of the amendment.\n(sec.25-ssec.3) The notice must state the reasons for the amendment.\n(sec.25-ssec.4) Sections 28 and 29 do not apply to the amendment.\n(sec.25-ssec.5) The amendment takes effect on the later of the following days— the day the notice is given to the holder; the day of effect stated in the notice.\n(sec.25-ssec.6) The effect of the amendment does not depend on the amendment being noted on the permission.\n(sec.25-ssec.7) In this section— minor amendment means an amendment that— omits a condition, if the omission does not adversely affect the holder’s interest; or corrects an error; or makes another change, other than a change of substance, that does not adversely affect the holder’s interests.\n- (a) the chief executive reasonably believes a permission should be amended; and\n- (b) the proposed amendment is a minor amendment.\n- (a) the day the notice is given to the holder;\n- (b) the day of effect stated in the notice.\n- (a) omits a condition, if the omission does not adversely affect the holder’s interest; or\n- (b) corrects an error; or\n- (c) makes another change, other than a change of substance, that does not adversely affect the holder’s interests.","sortOrder":31},{"sectionNumber":"sec.26","sectionType":"section","heading":"Amendment by application","content":"### sec.26 Amendment by application\n\nThe holder of a permission may apply to the chief executive for an amendment of the permission.\nThe application must—\nbe in the approved form; and\nbe supported by enough information to enable the application to be decided, including the information mentioned in schedule 2 ; and\ncomply with any other requirements for the application under a zoning plan applying to the marine park; and\nbe made at least 10 business days before the holder of the permission intends the amendment to take effect.\nHowever, the chief executive may consider an application for an amendment even if the application does not comply with subsection (2) .\nIf the chief executive decides to make the amendment, the chief executive must give the holder notice of the amendment.\nThe amendment takes effect on the later of the following days—\nthe day the notice is given to the holder;\nthe day of effect stated in the notice.\nThe effect of the amendment does not depend on the amendment being noted on the permission.\nIf the chief executive decides to refuse the application, the chief executive must as soon as practicable after making the decision give the holder an information notice about the decision.\ns 26 amd 2024 SL No. 25 s 14\n(sec.26-ssec.1) The holder of a permission may apply to the chief executive for an amendment of the permission.\n(sec.26-ssec.2) The application must— be in the approved form; and be supported by enough information to enable the application to be decided, including the information mentioned in schedule 2 ; and comply with any other requirements for the application under a zoning plan applying to the marine park; and be made at least 10 business days before the holder of the permission intends the amendment to take effect.\n(sec.26-ssec.3) However, the chief executive may consider an application for an amendment even if the application does not comply with subsection (2) .\n(sec.26-ssec.4) If the chief executive decides to make the amendment, the chief executive must give the holder notice of the amendment.\n(sec.26-ssec.5) The amendment takes effect on the later of the following days— the day the notice is given to the holder; the day of effect stated in the notice.\n(sec.26-ssec.6) The effect of the amendment does not depend on the amendment being noted on the permission.\n(sec.26-ssec.7) If the chief executive decides to refuse the application, the chief executive must as soon as practicable after making the decision give the holder an information notice about the decision.\n- (a) be in the approved form; and\n- (b) be supported by enough information to enable the application to be decided, including the information mentioned in schedule 2 ; and\n- (c) comply with any other requirements for the application under a zoning plan applying to the marine park; and\n- (d) be made at least 10 business days before the holder of the permission intends the amendment to take effect.\n- (a) the day the notice is given to the holder;\n- (b) the day of effect stated in the notice.","sortOrder":32},{"sectionNumber":"sec.27","sectionType":"section","heading":"Chief executive’s power to require further information or document","content":"### sec.27 Chief executive’s power to require further information or document\n\nBefore deciding an application for an amendment of a permission, the chief executive may, by notice given to the applicant, ask the applicant to give the chief executive, within the reasonable period of at least 20 business days stated in the notice, any further information or document the chief executive reasonably requires to decide the application.\nThe chief executive may require the information or document to be verified by a statutory declaration.\nThe applicant is taken to have withdrawn the application if the applicant does not comply with the request.\nThe chief executive may extend the period within which the information or document must be given.\n(sec.27-ssec.1) Before deciding an application for an amendment of a permission, the chief executive may, by notice given to the applicant, ask the applicant to give the chief executive, within the reasonable period of at least 20 business days stated in the notice, any further information or document the chief executive reasonably requires to decide the application.\n(sec.27-ssec.2) The chief executive may require the information or document to be verified by a statutory declaration.\n(sec.27-ssec.3) The applicant is taken to have withdrawn the application if the applicant does not comply with the request.\n(sec.27-ssec.4) The chief executive may extend the period within which the information or document must be given.","sortOrder":33},{"sectionNumber":"sec.28","sectionType":"section","heading":"Other non-immediate amendment","content":"### sec.28 Other non-immediate amendment\n\nThe chief executive may, by complying with section 29 , amend a permission—\nif the chief executive reasonably believes—\nthe permission was obtained because of incorrect or misleading information; or\nthe holder of the permission has contravened a condition of the permission; or\nthe holder of the permission is not, or is no longer, a suitable person to hold the permission; or\nthe amendment is necessary having regard to the purpose of the Act ; or\nif the holder of the permission has failed to—\npay a prescribed fee by the day or within the period during which the fee must be paid; or\ngive the chief executive information required to be given under the Act for the permission, by the day or within the period during which the information must be given; or\nif the holder is convicted of an offence against the Act and the activities of the holder that led to the conviction are relevant to the holder’s ability to conduct activities under the permission in a competent and ethical way; or\nto secure the safety of a person or a person’s property; or\nto conserve or protect the natural or cultural resources in a marine park; or\nif the area to which the permission applies is declared, after the grant of the permission, as a restricted access area; or\nfor a permission forming a part of a joint permission—if the Commonwealth permission forming the other part of the joint permission has been, or is about to be—\namended to an extent that it is no longer consistent with the permission granted under the Act ; or\nreplaced with another permission that is not consistent with the permission granted under the Act .\n- (a) if the chief executive reasonably believes— (i) the permission was obtained because of incorrect or misleading information; or (ii) the holder of the permission has contravened a condition of the permission; or (iii) the holder of the permission is not, or is no longer, a suitable person to hold the permission; or (iv) the amendment is necessary having regard to the purpose of the Act ; or\n- (i) the permission was obtained because of incorrect or misleading information; or\n- (ii) the holder of the permission has contravened a condition of the permission; or\n- (iii) the holder of the permission is not, or is no longer, a suitable person to hold the permission; or\n- (iv) the amendment is necessary having regard to the purpose of the Act ; or\n- (b) if the holder of the permission has failed to— (i) pay a prescribed fee by the day or within the period during which the fee must be paid; or (ii) give the chief executive information required to be given under the Act for the permission, by the day or within the period during which the information must be given; or\n- (i) pay a prescribed fee by the day or within the period during which the fee must be paid; or\n- (ii) give the chief executive information required to be given under the Act for the permission, by the day or within the period during which the information must be given; or\n- (c) if the holder is convicted of an offence against the Act and the activities of the holder that led to the conviction are relevant to the holder’s ability to conduct activities under the permission in a competent and ethical way; or\n- (d) to secure the safety of a person or a person’s property; or\n- (e) to conserve or protect the natural or cultural resources in a marine park; or\n- (f) if the area to which the permission applies is declared, after the grant of the permission, as a restricted access area; or\n- (g) for a permission forming a part of a joint permission—if the Commonwealth permission forming the other part of the joint permission has been, or is about to be— (i) amended to an extent that it is no longer consistent with the permission granted under the Act ; or (ii) replaced with another permission that is not consistent with the permission granted under the Act .\n- (i) amended to an extent that it is no longer consistent with the permission granted under the Act ; or\n- (ii) replaced with another permission that is not consistent with the permission granted under the Act .\n- (i) the permission was obtained because of incorrect or misleading information; or\n- (ii) the holder of the permission has contravened a condition of the permission; or\n- (iii) the holder of the permission is not, or is no longer, a suitable person to hold the permission; or\n- (iv) the amendment is necessary having regard to the purpose of the Act ; or\n- (i) pay a prescribed fee by the day or within the period during which the fee must be paid; or\n- (ii) give the chief executive information required to be given under the Act for the permission, by the day or within the period during which the information must be given; or\n- (i) amended to an extent that it is no longer consistent with the permission granted under the Act ; or\n- (ii) replaced with another permission that is not consistent with the permission granted under the Act .","sortOrder":34},{"sectionNumber":"sec.29","sectionType":"section","heading":"Procedure for non-immediate amendment","content":"### sec.29 Procedure for non-immediate amendment\n\nIf the chief executive proposes to make an amendment under section 28 , the chief executive must give the holder a notice stating each of the following—\nthe proposed amendment;\nthe ground for the proposed amendment;\nan outline of the facts and circumstances forming the basis for the ground;\nan invitation to make written submissions, within a stated period of at least 20 business days after the notice is given, about why the proposed amendment should not be made.\nThe chief executive may amend the permission if, after considering any written submissions made within the stated period, the chief executive still believes the amendment should be made—\nin the way stated in the notice; or\nin another way, having regard to the submissions.\nIf the chief executive amends the permission, the chief executive must give the holder an information notice about the decision.\nThe amendment takes effect on the later of the following days—\nthe day the information notice is given to the holder;\nthe day of effect stated in the information notice.\nThe effect of the amendment does not depend on the amendment being noted on the permission.\nIf the chief executive decides not to make the amendment, the chief executive must as soon as practicable after making the decision give the holder notice of the decision.\ns 29 amd 2024 SL No. 25 s 15\n(sec.29-ssec.1) If the chief executive proposes to make an amendment under section 28 , the chief executive must give the holder a notice stating each of the following— the proposed amendment; the ground for the proposed amendment; an outline of the facts and circumstances forming the basis for the ground; an invitation to make written submissions, within a stated period of at least 20 business days after the notice is given, about why the proposed amendment should not be made.\n(sec.29-ssec.2) The chief executive may amend the permission if, after considering any written submissions made within the stated period, the chief executive still believes the amendment should be made— in the way stated in the notice; or in another way, having regard to the submissions.\n(sec.29-ssec.3) If the chief executive amends the permission, the chief executive must give the holder an information notice about the decision.\n(sec.29-ssec.4) The amendment takes effect on the later of the following days— the day the information notice is given to the holder; the day of effect stated in the information notice.\n(sec.29-ssec.5) The effect of the amendment does not depend on the amendment being noted on the permission.\n(sec.29-ssec.6) If the chief executive decides not to make the amendment, the chief executive must as soon as practicable after making the decision give the holder notice of the decision.\n- (a) the proposed amendment;\n- (b) the ground for the proposed amendment;\n- (c) an outline of the facts and circumstances forming the basis for the ground;\n- (d) an invitation to make written submissions, within a stated period of at least 20 business days after the notice is given, about why the proposed amendment should not be made.\n- (a) in the way stated in the notice; or\n- (b) in another way, having regard to the submissions.\n- (a) the day the information notice is given to the holder;\n- (b) the day of effect stated in the information notice.","sortOrder":35},{"sectionNumber":"sec.30","sectionType":"section","heading":"Immediate amendment or suspension for safety or conservation","content":"### sec.30 Immediate amendment or suspension for safety or conservation\n\nThis section applies if—\nthe chief executive reasonably believes a permission should be amended or suspended—\nto secure the safety of a person or a person’s property; or\nbecause of a cyclone or other natural disaster; or\nto conserve or protect the natural or cultural resources in the marine park to which it applies; or\nthe area to which a permission applies is declared, after the grant of the permission, to be a restricted access area.\nThe chief executive must, in writing, or verbally if practicable, or by signs, advise the holder of the permission that, until the chief executive otherwise decides—\nthe permission is amended in the way the chief executive advises; or\nthe permission is suspended to the extent the chief executive advises.\nIf the chief executive acts under subsection (2) , the amendment or suspension takes effect immediately after the holder is advised of the amendment or suspension and continues until the chief executive decides the reason for the amendment or suspension no longer exists.\nThe effect of an amendment under this section does not depend on the amendment being noted on the permission.\nThe chief executive must as soon as practicable after the amendment or suspension ends—\nin writing, or verbally if practicable, or by signs, advise the holder of the permission that the amendment or suspension no longer applies; and\nput a notice on the department’s website advising that the amendment or suspension no longer applies.\ns 30 amd 2024 SL No. 25 s 16\n(sec.30-ssec.1) This section applies if— the chief executive reasonably believes a permission should be amended or suspended— to secure the safety of a person or a person’s property; or because of a cyclone or other natural disaster; or to conserve or protect the natural or cultural resources in the marine park to which it applies; or the area to which a permission applies is declared, after the grant of the permission, to be a restricted access area.\n(sec.30-ssec.2) The chief executive must, in writing, or verbally if practicable, or by signs, advise the holder of the permission that, until the chief executive otherwise decides— the permission is amended in the way the chief executive advises; or the permission is suspended to the extent the chief executive advises.\n(sec.30-ssec.3) If the chief executive acts under subsection (2) , the amendment or suspension takes effect immediately after the holder is advised of the amendment or suspension and continues until the chief executive decides the reason for the amendment or suspension no longer exists.\n(sec.30-ssec.4) The effect of an amendment under this section does not depend on the amendment being noted on the permission.\n(sec.30-ssec.5) The chief executive must as soon as practicable after the amendment or suspension ends— in writing, or verbally if practicable, or by signs, advise the holder of the permission that the amendment or suspension no longer applies; and put a notice on the department’s website advising that the amendment or suspension no longer applies.\n- (a) the chief executive reasonably believes a permission should be amended or suspended— (i) to secure the safety of a person or a person’s property; or (ii) because of a cyclone or other natural disaster; or (iii) to conserve or protect the natural or cultural resources in the marine park to which it applies; or\n- (i) to secure the safety of a person or a person’s property; or\n- (ii) because of a cyclone or other natural disaster; or\n- (iii) to conserve or protect the natural or cultural resources in the marine park to which it applies; or\n- (b) the area to which a permission applies is declared, after the grant of the permission, to be a restricted access area.\n- (i) to secure the safety of a person or a person’s property; or\n- (ii) because of a cyclone or other natural disaster; or\n- (iii) to conserve or protect the natural or cultural resources in the marine park to which it applies; or\n- (a) the permission is amended in the way the chief executive advises; or\n- (b) the permission is suspended to the extent the chief executive advises.\n- (a) in writing, or verbally if practicable, or by signs, advise the holder of the permission that the amendment or suspension no longer applies; and\n- (b) put a notice on the department’s website advising that the amendment or suspension no longer applies.","sortOrder":36},{"sectionNumber":"sec.31","sectionType":"section","heading":"Immediate amendment or suspension for failure to pay fee","content":"### sec.31 Immediate amendment or suspension for failure to pay fee\n\nThis section applies if—\nthe holder of a permission has failed to pay a prescribed fee required to be paid for the permission, by the day or within the period during which the fee must be paid; and\nthe chief executive has given the holder a notice stating that—\nthe holder must pay the fee by a day, at least 10 business days after the holder receives the notice, stated in the notice; and\nif the holder does not pay the fee by the stated day, the chief executive may amend or suspend the permission under this section; and\nthe holder does not pay the fee by the stated day.\nThe chief executive may amend or suspend the permission.\nIf the chief executive acts under this section—\nthe chief executive must give the holder of the permission an information notice about the decision; and\nif the action is suspension, the notice must state the suspension period; and\nthe amendment or suspension takes effect on the later of the following days—\nthe day the notice is given to the holder;\nthe day of effect stated in the notice; and\nif the action is suspension, it continues until the earlier of the following—\nthe day the holder pays the outstanding fee;\nthe end of the suspension period stated in the notice.\nThe effect of an amendment under this section does not depend on the amendment being noted on the permission.\ns 31 amd 2024 SL No. 25 s 17\n(sec.31-ssec.1) This section applies if— the holder of a permission has failed to pay a prescribed fee required to be paid for the permission, by the day or within the period during which the fee must be paid; and the chief executive has given the holder a notice stating that— the holder must pay the fee by a day, at least 10 business days after the holder receives the notice, stated in the notice; and if the holder does not pay the fee by the stated day, the chief executive may amend or suspend the permission under this section; and the holder does not pay the fee by the stated day.\n(sec.31-ssec.2) The chief executive may amend or suspend the permission.\n(sec.31-ssec.3) If the chief executive acts under this section— the chief executive must give the holder of the permission an information notice about the decision; and if the action is suspension, the notice must state the suspension period; and the amendment or suspension takes effect on the later of the following days— the day the notice is given to the holder; the day of effect stated in the notice; and if the action is suspension, it continues until the earlier of the following— the day the holder pays the outstanding fee; the end of the suspension period stated in the notice.\n(sec.31-ssec.4) The effect of an amendment under this section does not depend on the amendment being noted on the permission.\n- (a) the holder of a permission has failed to pay a prescribed fee required to be paid for the permission, by the day or within the period during which the fee must be paid; and\n- (b) the chief executive has given the holder a notice stating that— (i) the holder must pay the fee by a day, at least 10 business days after the holder receives the notice, stated in the notice; and (ii) if the holder does not pay the fee by the stated day, the chief executive may amend or suspend the permission under this section; and\n- (i) the holder must pay the fee by a day, at least 10 business days after the holder receives the notice, stated in the notice; and\n- (ii) if the holder does not pay the fee by the stated day, the chief executive may amend or suspend the permission under this section; and\n- (c) the holder does not pay the fee by the stated day.\n- (i) the holder must pay the fee by a day, at least 10 business days after the holder receives the notice, stated in the notice; and\n- (ii) if the holder does not pay the fee by the stated day, the chief executive may amend or suspend the permission under this section; and\n- (a) the chief executive must give the holder of the permission an information notice about the decision; and\n- (b) if the action is suspension, the notice must state the suspension period; and\n- (c) the amendment or suspension takes effect on the later of the following days— (i) the day the notice is given to the holder; (ii) the day of effect stated in the notice; and\n- (i) the day the notice is given to the holder;\n- (ii) the day of effect stated in the notice; and\n- (d) if the action is suspension, it continues until the earlier of the following— (i) the day the holder pays the outstanding fee; (ii) the end of the suspension period stated in the notice.\n- (i) the day the holder pays the outstanding fee;\n- (ii) the end of the suspension period stated in the notice.\n- (i) the day the notice is given to the holder;\n- (ii) the day of effect stated in the notice; and\n- (i) the day the holder pays the outstanding fee;\n- (ii) the end of the suspension period stated in the notice.","sortOrder":37},{"sectionNumber":"sec.32","sectionType":"section","heading":"Non-immediate suspension or cancellation","content":"### sec.32 Non-immediate suspension or cancellation\n\nThe chief executive may, by complying with section 33 , suspend or cancel a permission—\nfor a reason for which the permission may be amended or suspended under section 30 ; or\nfor a reason for which the permission may be amended or suspended under section 31 ; or\nif the purpose for which the entry or use of a marine park or a part of a marine is authorised under the permission is prescribed as a prohibited purpose for the marine park or part; or\nif the chief executive reasonably believes—\nthe permission was obtained because of incorrect or misleading information; or\nthe holder of the permission has contravened a condition of the permission; or\nthe holder of the permission is not, or is no longer, a suitable person to hold the permission; or\nif the holder is convicted of an offence against the Act and the activities of the holder that led to the conviction are relevant to the holder’s ability to conduct activities under the permission in a competent and ethical way; or\nif the holder of the permission has failed to give the chief executive information required to be given under the Act for the permission, by the day or within the period during which the information must be given; or\nif the chief executive reasonably believes the activities being conducted under the permission are having an unacceptable impact on—\nthe natural or cultural resources in a marine park; or\nthe use and non-use values of a marine park; or\nif the chief executive reasonably believes the activities being conducted under the permission are threatening public health or safety; or\nfor a permission authorising the use of a structure, vessel, vehicle or aircraft in a marine park—if the chief executive reasonably believes the structure, vessel, vehicle or aircraft is not, or is no longer, appropriate for use under the permission; or\nfor a permission forming a part of a joint permission—if the Commonwealth permission forming the other part of the joint permission has been, or is about to be—\namended to an extent that it is no longer consistent with the permission granted under the Act ; or\nreplaced with another permission that is not consistent with the permission granted under the Act ; or\nsuspended or cancelled; or\nif the chief executive reasonably believes the suspension or cancellation is necessary to ensure the fair and equitable access to the marine park to which the permission applies.\nEnvironmental factors have affected the availability of public access to the marine park for which the permission is granted and the permission currently restricts the currently available public access to the marine park.\n- (a) for a reason for which the permission may be amended or suspended under section 30 ; or\n- (b) for a reason for which the permission may be amended or suspended under section 31 ; or\n- (c) if the purpose for which the entry or use of a marine park or a part of a marine is authorised under the permission is prescribed as a prohibited purpose for the marine park or part; or\n- (d) if the chief executive reasonably believes— (i) the permission was obtained because of incorrect or misleading information; or (ii) the holder of the permission has contravened a condition of the permission; or (iii) the holder of the permission is not, or is no longer, a suitable person to hold the permission; or\n- (i) the permission was obtained because of incorrect or misleading information; or\n- (ii) the holder of the permission has contravened a condition of the permission; or\n- (iii) the holder of the permission is not, or is no longer, a suitable person to hold the permission; or\n- (e) if the holder is convicted of an offence against the Act and the activities of the holder that led to the conviction are relevant to the holder’s ability to conduct activities under the permission in a competent and ethical way; or\n- (f) if the holder of the permission has failed to give the chief executive information required to be given under the Act for the permission, by the day or within the period during which the information must be given; or\n- (g) if the chief executive reasonably believes the activities being conducted under the permission are having an unacceptable impact on— (i) the natural or cultural resources in a marine park; or (ii) the use and non-use values of a marine park; or\n- (i) the natural or cultural resources in a marine park; or\n- (ii) the use and non-use values of a marine park; or\n- (h) if the chief executive reasonably believes the activities being conducted under the permission are threatening public health or safety; or\n- (i) for a permission authorising the use of a structure, vessel, vehicle or aircraft in a marine park—if the chief executive reasonably believes the structure, vessel, vehicle or aircraft is not, or is no longer, appropriate for use under the permission; or\n- (j) for a permission forming a part of a joint permission—if the Commonwealth permission forming the other part of the joint permission has been, or is about to be— (i) amended to an extent that it is no longer consistent with the permission granted under the Act ; or (ii) replaced with another permission that is not consistent with the permission granted under the Act ; or (iii) suspended or cancelled; or\n- (i) amended to an extent that it is no longer consistent with the permission granted under the Act ; or\n- (ii) replaced with another permission that is not consistent with the permission granted under the Act ; or\n- (iii) suspended or cancelled; or\n- (k) if the chief executive reasonably believes the suspension or cancellation is necessary to ensure the fair and equitable access to the marine park to which the permission applies. Example for paragraph (k) — Environmental factors have affected the availability of public access to the marine park for which the permission is granted and the permission currently restricts the currently available public access to the marine park.\n- (i) the permission was obtained because of incorrect or misleading information; or\n- (ii) the holder of the permission has contravened a condition of the permission; or\n- (iii) the holder of the permission is not, or is no longer, a suitable person to hold the permission; or\n- (i) the natural or cultural resources in a marine park; or\n- (ii) the use and non-use values of a marine park; or\n- (i) amended to an extent that it is no longer consistent with the permission granted under the Act ; or\n- (ii) replaced with another permission that is not consistent with the permission granted under the Act ; or\n- (iii) suspended or cancelled; or","sortOrder":38},{"sectionNumber":"sec.33","sectionType":"section","heading":"Procedures for non-immediate suspension or cancellation","content":"### sec.33 Procedures for non-immediate suspension or cancellation\n\nIf the chief executive proposes to take action (the proposed action ) under section 32 , the chief executive must give the holder of the permission a notice stating each of the following—\nthe proposed action;\nthe ground for the proposed action;\nan outline of the facts and circumstances forming the basis for the ground;\nif the proposed action is suspension of the permission—the proposed suspension period;\nan invitation to make written submissions, within a stated period of at least 20 business days after the notice is given, about why the proposed action should not be taken.\nIf, after considering any written submissions made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide—\nif the proposed action was to suspend the permission—to suspend it for not longer than the proposed suspension period; or\nif the proposed action was to cancel the permission—either to cancel it or to suspend it for a period.\nIf the chief executive decides to suspend or cancel the permission, the chief executive must give the holder an information notice about the decision.\nA decision to suspend or cancel the permission takes effect on the later of the following days—\nthe day the information notice is given to the holder;\nthe day of effect stated in the information notice.\nIf the chief executive decides not to take the proposed action, the chief executive must as soon as practicable after making the decision give the holder notice of the decision.\nIf a permission is suspended because of the conviction of a person for an offence and the conviction is quashed, the suspension period ends on the day the conviction is quashed.\nIf a permission is cancelled because of the conviction of a person for an offence and the conviction is quashed, the cancellation has no further effect.\n(sec.33-ssec.1) If the chief executive proposes to take action (the proposed action ) under section 32 , the chief executive must give the holder of the permission a notice stating each of the following— the proposed action; the ground for the proposed action; an outline of the facts and circumstances forming the basis for the ground; if the proposed action is suspension of the permission—the proposed suspension period; an invitation to make written submissions, within a stated period of at least 20 business days after the notice is given, about why the proposed action should not be taken.\n(sec.33-ssec.2) If, after considering any written submissions made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide— if the proposed action was to suspend the permission—to suspend it for not longer than the proposed suspension period; or if the proposed action was to cancel the permission—either to cancel it or to suspend it for a period.\n(sec.33-ssec.3) If the chief executive decides to suspend or cancel the permission, the chief executive must give the holder an information notice about the decision.\n(sec.33-ssec.4) A decision to suspend or cancel the permission takes effect on the later of the following days— the day the information notice is given to the holder; the day of effect stated in the information notice.\n(sec.33-ssec.5) If the chief executive decides not to take the proposed action, the chief executive must as soon as practicable after making the decision give the holder notice of the decision.\n(sec.33-ssec.6) If a permission is suspended because of the conviction of a person for an offence and the conviction is quashed, the suspension period ends on the day the conviction is quashed.\n(sec.33-ssec.7) If a permission is cancelled because of the conviction of a person for an offence and the conviction is quashed, the cancellation has no further effect.\n- (a) the proposed action;\n- (b) the ground for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the ground;\n- (d) if the proposed action is suspension of the permission—the proposed suspension period;\n- (e) an invitation to make written submissions, within a stated period of at least 20 business days after the notice is given, about why the proposed action should not be taken.\n- (a) if the proposed action was to suspend the permission—to suspend it for not longer than the proposed suspension period; or\n- (b) if the proposed action was to cancel the permission—either to cancel it or to suspend it for a period.\n- (a) the day the information notice is given to the holder;\n- (b) the day of effect stated in the information notice.","sortOrder":39},{"sectionNumber":"sec.34","sectionType":"section","heading":null,"content":"### Section sec.34\n\ns 34 om 2024 SL No. 25 s 18","sortOrder":40},{"sectionNumber":"sec.35","sectionType":"section","heading":null,"content":"### Section sec.35\n\ns 35 om 2024 SL No. 25 s 18","sortOrder":41},{"sectionNumber":"sec.36","sectionType":"section","heading":null,"content":"### Section sec.36\n\ns 36 om 2024 SL No. 25 s 18","sortOrder":42},{"sectionNumber":"sec.37","sectionType":"section","heading":"Requirement to notify chief executive of particular changes and ask for amendment","content":"### sec.37 Requirement to notify chief executive of particular changes and ask for amendment\n\nThis section applies to the holder of a permission if a change to either of the following happens—\nthe holder’s name;\nthe holder’s place of business.\nThe holder must before, or immediately after, the change happens—\ngive the chief executive a notice stating the nature of the change; and\napply to the chief executive for an amendment of the permission to reflect the change.\nMaximum penalty—10 penalty units.\nFor amending a permission by application, see section 26 .\n(sec.37-ssec.1) This section applies to the holder of a permission if a change to either of the following happens— the holder’s name; the holder’s place of business.\n(sec.37-ssec.2) The holder must before, or immediately after, the change happens— give the chief executive a notice stating the nature of the change; and apply to the chief executive for an amendment of the permission to reflect the change. Maximum penalty—10 penalty units. For amending a permission by application, see section 26 .\n- (a) the holder’s name;\n- (b) the holder’s place of business.\n- (a) give the chief executive a notice stating the nature of the change; and\n- (b) apply to the chief executive for an amendment of the permission to reflect the change.","sortOrder":43},{"sectionNumber":"sec.38","sectionType":"section","heading":null,"content":"### Section sec.38\n\ns 38 om 2024 SL No. 25 s 19","sortOrder":44},{"sectionNumber":"sec.39","sectionType":"section","heading":"Surrender of permission","content":"### sec.39 Surrender of permission\n\nThe holder of a permission may, by notice given to the chief executive, surrender the permission.\nThe surrender takes effect on the later of the following days—\nthe day the notice is given to the chief executive;\nthe day stated in the notice.\ns 39 sub 2024 SL No. 25 s 20\n(sec.39-ssec.1) The holder of a permission may, by notice given to the chief executive, surrender the permission.\n(sec.39-ssec.2) The surrender takes effect on the later of the following days— the day the notice is given to the chief executive; the day stated in the notice.\n- (a) the day the notice is given to the chief executive;\n- (b) the day stated in the notice.","sortOrder":45},{"sectionNumber":"sec.40","sectionType":"section","heading":"Existing permission taken to be in force while new application is considered","content":"### sec.40 Existing permission taken to be in force while new application is considered\n\nThis section applies if—\nthe holder of a permission makes an application for a new permission of the same type; and\nthe new permission is intended to commence immediately after the expiry of the existing permission.\nThe existing permission is taken to continue in force from the day it would otherwise have expired (the original expiration day ) until the day on which the earliest of the following happens—\nthe chief executive grants the new permission;\nthe chief executive decides to refuse the application and gives the applicant an information notice about the decision;\nthe applicant is taken to have withdrawn the application under section 12 .\nIf the chief executive grants the new permission—\nthe existing permission is taken to have expired on the original expiration day; and\nthe new permission is taken to have commenced immediately after the existing permission’s original expiration day; and\nfor the period during which the existing permission is taken to have continued in force under subsection (2) , the new permission is taken to be subject to the same conditions and authorise the same activities as the existing permission.\nSubsection (2) does not stop the existing permission from being suspended or cancelled under this regulation.\n(sec.40-ssec.1) This section applies if— the holder of a permission makes an application for a new permission of the same type; and the new permission is intended to commence immediately after the expiry of the existing permission.\n(sec.40-ssec.2) The existing permission is taken to continue in force from the day it would otherwise have expired (the original expiration day ) until the day on which the earliest of the following happens— the chief executive grants the new permission; the chief executive decides to refuse the application and gives the applicant an information notice about the decision; the applicant is taken to have withdrawn the application under section 12 .\n(sec.40-ssec.3) If the chief executive grants the new permission— the existing permission is taken to have expired on the original expiration day; and the new permission is taken to have commenced immediately after the existing permission’s original expiration day; and for the period during which the existing permission is taken to have continued in force under subsection (2) , the new permission is taken to be subject to the same conditions and authorise the same activities as the existing permission.\n(sec.40-ssec.4) Subsection (2) does not stop the existing permission from being suspended or cancelled under this regulation.\n- (a) the holder of a permission makes an application for a new permission of the same type; and\n- (b) the new permission is intended to commence immediately after the expiry of the existing permission.\n- (a) the chief executive grants the new permission;\n- (b) the chief executive decides to refuse the application and gives the applicant an information notice about the decision;\n- (c) the applicant is taken to have withdrawn the application under section 12 .\n- (a) the existing permission is taken to have expired on the original expiration day; and\n- (b) the new permission is taken to have commenced immediately after the existing permission’s original expiration day; and\n- (c) for the period during which the existing permission is taken to have continued in force under subsection (2) , the new permission is taken to be subject to the same conditions and authorise the same activities as the existing permission.","sortOrder":46},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Carrying out activities under permission","content":"## Carrying out activities under permission","sortOrder":47},{"sectionNumber":"sec.41","sectionType":"section","heading":"Activities authorised under permission generally","content":"### sec.41 Activities authorised under permission generally\n\nA permission granted under this part authorises the holder of the permission to enter and use the marine park, or the part of a marine park, stated on the permission for conducting the activity stated on the permission.\nTo remove any doubt, it is declared that the authorisation mentioned in subsection (1) is subject to the following—\nthe authorisation does not exist during a period the permission is suspended under division 4 ;\nthe authorisation ceases to exist if the permission is cancelled under division 4 .\n(sec.41-ssec.1) A permission granted under this part authorises the holder of the permission to enter and use the marine park, or the part of a marine park, stated on the permission for conducting the activity stated on the permission.\n(sec.41-ssec.2) To remove any doubt, it is declared that the authorisation mentioned in subsection (1) is subject to the following— the authorisation does not exist during a period the permission is suspended under division 4 ; the authorisation ceases to exist if the permission is cancelled under division 4 .\n- (a) the authorisation does not exist during a period the permission is suspended under division 4 ;\n- (b) the authorisation ceases to exist if the permission is cancelled under division 4 .","sortOrder":48},{"sectionNumber":"sec.42","sectionType":"section","heading":"Term of permission","content":"### sec.42 Term of permission\n\nA permission is granted for the term stated on it.\nSubject to section 40 , the permission expires at the end of the term.\n(sec.42-ssec.1) A permission is granted for the term stated on it.\n(sec.42-ssec.2) Subject to section 40 , the permission expires at the end of the term.","sortOrder":49},{"sectionNumber":"sec.43","sectionType":"section","heading":"How authorisation may be given to other persons","content":"### sec.43 How authorisation may be given to other persons\n\nThis section applies if a permission includes a condition that the holder of the permission may authorise another person to enter and use a marine park, or a part of a marine park, for conducting an activity that is authorised under the permission for a stated period.\nThe holder of the permission may give the authorisation only by giving the other person a notice stating the following—\nthe name of the person to whom the authorisation is given;\nthe date on which the authorisation was given and the period to which the authorisation applies;\nthe marine park, or the part of a marine park, that may be entered or used for conducting the activity;\nthe nature of the activity;\nthe conditions of the permission that are relevant to conducting the activity.\n(sec.43-ssec.1) This section applies if a permission includes a condition that the holder of the permission may authorise another person to enter and use a marine park, or a part of a marine park, for conducting an activity that is authorised under the permission for a stated period.\n(sec.43-ssec.2) The holder of the permission may give the authorisation only by giving the other person a notice stating the following— the name of the person to whom the authorisation is given; the date on which the authorisation was given and the period to which the authorisation applies; the marine park, or the part of a marine park, that may be entered or used for conducting the activity; the nature of the activity; the conditions of the permission that are relevant to conducting the activity.\n- (a) the name of the person to whom the authorisation is given;\n- (b) the date on which the authorisation was given and the period to which the authorisation applies;\n- (c) the marine park, or the part of a marine park, that may be entered or used for conducting the activity;\n- (d) the nature of the activity;\n- (e) the conditions of the permission that are relevant to conducting the activity.","sortOrder":50},{"sectionNumber":"sec.44","sectionType":"section","heading":"Effect of authorisation given under permission under s 43","content":"### sec.44 Effect of authorisation given under permission under s 43\n\nA person to whom an authorisation under a permission is given under section 43 (2) may enter and use the marine park, or the part of the marine park, stated in the authorisation for conducting the activity stated in the authorisation during the period stated in the authorisation.\nThe person is taken to be conducting the activity under the permission.\nIf the holder of the permission is also conducting the activity under the permission, the activity authorised under the permission, and the conditions of it, apply as if the activity conducted by the person and the activity conducted by the holder were conducted by the same person under the permission.\nA permission authorises the taking of 500 animals of a species in a marine park.\nThe total number of animals of that species that may be taken under the permission is 500.\nThe number of animals of that species taken by the holder and the number of animals of that species taken by a person to whom the holder gives an authorisation under section 43 (2) must be added together to work out the number of animals of that species that have been taken under the permission.\n(sec.44-ssec.1) A person to whom an authorisation under a permission is given under section 43 (2) may enter and use the marine park, or the part of the marine park, stated in the authorisation for conducting the activity stated in the authorisation during the period stated in the authorisation.\n(sec.44-ssec.2) The person is taken to be conducting the activity under the permission.\n(sec.44-ssec.3) If the holder of the permission is also conducting the activity under the permission, the activity authorised under the permission, and the conditions of it, apply as if the activity conducted by the person and the activity conducted by the holder were conducted by the same person under the permission. A permission authorises the taking of 500 animals of a species in a marine park. The total number of animals of that species that may be taken under the permission is 500. The number of animals of that species taken by the holder and the number of animals of that species taken by a person to whom the holder gives an authorisation under section 43 (2) must be added together to work out the number of animals of that species that have been taken under the permission.","sortOrder":51},{"sectionNumber":"sec.45","sectionType":"section","heading":"Permission or authorisation must be available for inspection","content":"### sec.45 Permission or authorisation must be available for inspection\n\nA person conducting an activity under a permission must—\nhave the following available for inspection—\nfor the holder of the permission—the permission or a copy of the permission;\nfor a person to whom an authorisation is given under section 43 —the authorisation or a copy of the authorisation; and\nif asked by an inspector, produce the permission, authorisation or copy for inspection by the inspector, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nFor this section, a copy of the relevant details of a permission is taken to be a copy of the permission.\nIn this section—\nrelevant details , of a permission, means the details needed to identify each of the following matters—\nif the number for the permission is stated on the permission—the number;\nthe name of the holder of the permission;\nthe term of the permission;\nthe marine park, or the part of a marine park, to which the permission applies;\nthe activity authorised under the permission.\n(sec.45-ssec.1) A person conducting an activity under a permission must— have the following available for inspection— for the holder of the permission—the permission or a copy of the permission; for a person to whom an authorisation is given under section 43 —the authorisation or a copy of the authorisation; and if asked by an inspector, produce the permission, authorisation or copy for inspection by the inspector, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.45-ssec.2) For this section, a copy of the relevant details of a permission is taken to be a copy of the permission.\n(sec.45-ssec.3) In this section— relevant details , of a permission, means the details needed to identify each of the following matters— if the number for the permission is stated on the permission—the number; the name of the holder of the permission; the term of the permission; the marine park, or the part of a marine park, to which the permission applies; the activity authorised under the permission.\n- (a) have the following available for inspection— (i) for the holder of the permission—the permission or a copy of the permission; (ii) for a person to whom an authorisation is given under section 43 —the authorisation or a copy of the authorisation; and\n- (i) for the holder of the permission—the permission or a copy of the permission;\n- (ii) for a person to whom an authorisation is given under section 43 —the authorisation or a copy of the authorisation; and\n- (b) if asked by an inspector, produce the permission, authorisation or copy for inspection by the inspector, unless the person has a reasonable excuse.\n- (i) for the holder of the permission—the permission or a copy of the permission;\n- (ii) for a person to whom an authorisation is given under section 43 —the authorisation or a copy of the authorisation; and\n- (a) if the number for the permission is stated on the permission—the number;\n- (b) the name of the holder of the permission;\n- (c) the term of the permission;\n- (d) the marine park, or the part of a marine park, to which the permission applies;\n- (e) the activity authorised under the permission.","sortOrder":52},{"sectionNumber":"pt.3-div.6","sectionType":"division","heading":"Transfer of permission","content":"## Transfer of permission","sortOrder":53},{"sectionNumber":"sec.46","sectionType":"section","heading":"Application to transfer permission","content":"### sec.46 Application to transfer permission\n\nThe holder of a permission, including a permission continued in force under section 40 , may, under this division, transfer the permission to another person.\nThe holder and the proposed transferee must apply to the chief executive to approve the transfer.\nThe transfer application must be—\nin the approved form; and\nsigned by the holder and the proposed transferee; and\ngiven to the chief executive at least 20 business days before the day on which the transfer is intended to take effect; and\nif the permission forms a part of a joint permission and the holder of the permission has not, under the Commonwealth Act, paid a fee for the transfer of the Commonwealth permission that forms the other part of the joint permission—accompanied by the relevant transfer fee.\nThis section does not apply to a permission that has been suspended under this regulation.\nIn this section—\nrelevant transfer fee , for a permission that forms part of a joint permission, means an amount that is the same as the amount of the fee that is payable under the Commonwealth Act for the transfer of the Commonwealth permission that forms the other part of the joint permission.\nFor the amount of the fee that is payable for the transfer of a Commonwealth permission, see the Great Barrier Reef Marine Park Regulations 1983 (Cwlth) , section 134 .\n(sec.46-ssec.1) The holder of a permission, including a permission continued in force under section 40 , may, under this division, transfer the permission to another person.\n(sec.46-ssec.2) The holder and the proposed transferee must apply to the chief executive to approve the transfer.\n(sec.46-ssec.3) The transfer application must be— in the approved form; and signed by the holder and the proposed transferee; and given to the chief executive at least 20 business days before the day on which the transfer is intended to take effect; and if the permission forms a part of a joint permission and the holder of the permission has not, under the Commonwealth Act, paid a fee for the transfer of the Commonwealth permission that forms the other part of the joint permission—accompanied by the relevant transfer fee.\n(sec.46-ssec.4) This section does not apply to a permission that has been suspended under this regulation.\n(sec.46-ssec.5) In this section— relevant transfer fee , for a permission that forms part of a joint permission, means an amount that is the same as the amount of the fee that is payable under the Commonwealth Act for the transfer of the Commonwealth permission that forms the other part of the joint permission. For the amount of the fee that is payable for the transfer of a Commonwealth permission, see the Great Barrier Reef Marine Park Regulations 1983 (Cwlth) , section 134 .\n- (a) in the approved form; and\n- (b) signed by the holder and the proposed transferee; and\n- (c) given to the chief executive at least 20 business days before the day on which the transfer is intended to take effect; and\n- (d) if the permission forms a part of a joint permission and the holder of the permission has not, under the Commonwealth Act, paid a fee for the transfer of the Commonwealth permission that forms the other part of the joint permission—accompanied by the relevant transfer fee.","sortOrder":54},{"sectionNumber":"sec.46A","sectionType":"section","heading":"Restriction on particular transfers","content":"### sec.46A Restriction on particular transfers\n\nThe holder of a permission that authorises the conducting of a commercial whale watching program in the Point Lookout area within the Moreton Bay Marine Park may transfer the permission only to a person mentioned in section 18 (3) (a) .\ns 46A ins 2018 SL No. 109 s 4","sortOrder":55},{"sectionNumber":"sec.47","sectionType":"section","heading":"Considering transfer application","content":"### sec.47 Considering transfer application\n\nIn considering a transfer application, the chief executive must have regard to each of the following—\nwhether the proposed transferee is a suitable person to hold the permission;\nwhether the holder of the permission, or the proposed transferee, owes any fee or other amount payable under the Act ;\nif the permission authorises the conducting of a commercial whale watching program in the Point Lookout area within the Moreton Bay Marine Park—whether the proposed transferee is a person mentioned in section 18 (3) (a) ;\nif the application relates to an undeveloped project, the cost of which will be significant—the capacity of the proposed transferee to satisfactorily develop the project;\nall matters relevant to ensuring the orderly and proper management of the marine park to which the permission applies.\ns 47 amd 2018 SL No. 109 s 5\n- (a) whether the proposed transferee is a suitable person to hold the permission;\n- (b) whether the holder of the permission, or the proposed transferee, owes any fee or other amount payable under the Act ;\n- (c) if the permission authorises the conducting of a commercial whale watching program in the Point Lookout area within the Moreton Bay Marine Park—whether the proposed transferee is a person mentioned in section 18 (3) (a) ;\n- (d) if the application relates to an undeveloped project, the cost of which will be significant—the capacity of the proposed transferee to satisfactorily develop the project;\n- (e) all matters relevant to ensuring the orderly and proper management of the marine park to which the permission applies.","sortOrder":56},{"sectionNumber":"sec.48","sectionType":"section","heading":"Chief executive’s power to require further information","content":"### sec.48 Chief executive’s power to require further information\n\nBefore deciding a transfer application, the chief executive may, by notice given to the holder of the permission or the proposed transferee, ask the holder or proposed transferee to give the chief executive any further information the chief executive reasonably requires to decide the application.\nThe holder and proposed transferee are taken to have withdrawn the application if the request is not complied with within the reasonable period of at least 20 business days stated in the notice.\nThe chief executive may extend the period within which the information must be given.\n(sec.48-ssec.1) Before deciding a transfer application, the chief executive may, by notice given to the holder of the permission or the proposed transferee, ask the holder or proposed transferee to give the chief executive any further information the chief executive reasonably requires to decide the application.\n(sec.48-ssec.2) The holder and proposed transferee are taken to have withdrawn the application if the request is not complied with within the reasonable period of at least 20 business days stated in the notice.\n(sec.48-ssec.3) The chief executive may extend the period within which the information must be given.","sortOrder":57},{"sectionNumber":"sec.49","sectionType":"section","heading":"Deciding transfer application","content":"### sec.49 Deciding transfer application\n\nThe chief executive must decide a transfer application within 20 business days after the chief executive—\nreceives the application; or\nif the chief executive has asked for further information under section 48 —receives the information.\nThe chief executive may approve the transfer of a permission only if the chief executive is satisfied the proposed transferee is a suitable person to hold the permission.\nIf the chief executive refuses to approve the transfer, the chief executive must give the holder of the permission and the proposed transferee an information notice about the decision.\n(sec.49-ssec.1) The chief executive must decide a transfer application within 20 business days after the chief executive— receives the application; or if the chief executive has asked for further information under section 48 —receives the information.\n(sec.49-ssec.2) The chief executive may approve the transfer of a permission only if the chief executive is satisfied the proposed transferee is a suitable person to hold the permission.\n(sec.49-ssec.3) If the chief executive refuses to approve the transfer, the chief executive must give the holder of the permission and the proposed transferee an information notice about the decision.\n- (a) receives the application; or\n- (b) if the chief executive has asked for further information under section 48 —receives the information.","sortOrder":58},{"sectionNumber":"sec.50","sectionType":"section","heading":"Steps to be taken after transfer approved","content":"### sec.50 Steps to be taken after transfer approved\n\nThis section applies if the chief executive decides to approve the transfer of a permission under section 49 .\nThe chief executive must cancel the permission and give the proposed transferee a new permission—\nauthorising the same activity as the cancelled permission immediately before it was cancelled under this section; and\nwith a term—\nstarting on the later of the following days (the transfer day )—\nthe day the application is decided;\nthe day stated in the application for the approval of the transfer as the day on which the transfer is to take effect; and\nending on the day the cancelled permission would have ended if it were not cancelled under this section; and\nsubject to the same conditions as the cancelled permission immediately before it was cancelled under this section.\nDespite subsection (2) (c) , the chief executive may impose a new or different condition on the new permission if—\nthe proposed transferee consents to the new or different condition; or\nit is a condition that provides for an indemnity for the State against any liability for loss or damage that is suffered by any person and is caused, whether directly or indirectly, by the activities conducted under the permission; or\nit is a condition that provides for the compensation or reimbursement of any loss or expense incurred by the State in relation to activities conducted under the permission.\ns 50 amd 2024 SL No. 25 s 21\n(sec.50-ssec.1) This section applies if the chief executive decides to approve the transfer of a permission under section 49 .\n(sec.50-ssec.2) The chief executive must cancel the permission and give the proposed transferee a new permission— authorising the same activity as the cancelled permission immediately before it was cancelled under this section; and with a term— starting on the later of the following days (the transfer day )— the day the application is decided; the day stated in the application for the approval of the transfer as the day on which the transfer is to take effect; and ending on the day the cancelled permission would have ended if it were not cancelled under this section; and subject to the same conditions as the cancelled permission immediately before it was cancelled under this section.\n(sec.50-ssec.3) Despite subsection (2) (c) , the chief executive may impose a new or different condition on the new permission if— the proposed transferee consents to the new or different condition; or it is a condition that provides for an indemnity for the State against any liability for loss or damage that is suffered by any person and is caused, whether directly or indirectly, by the activities conducted under the permission; or it is a condition that provides for the compensation or reimbursement of any loss or expense incurred by the State in relation to activities conducted under the permission.\n- (a) authorising the same activity as the cancelled permission immediately before it was cancelled under this section; and\n- (b) with a term— (i) starting on the later of the following days (the transfer day )— (A) the day the application is decided; (B) the day stated in the application for the approval of the transfer as the day on which the transfer is to take effect; and (ii) ending on the day the cancelled permission would have ended if it were not cancelled under this section; and\n- (i) starting on the later of the following days (the transfer day )— (A) the day the application is decided; (B) the day stated in the application for the approval of the transfer as the day on which the transfer is to take effect; and\n- (A) the day the application is decided;\n- (B) the day stated in the application for the approval of the transfer as the day on which the transfer is to take effect; and\n- (ii) ending on the day the cancelled permission would have ended if it were not cancelled under this section; and\n- (c) subject to the same conditions as the cancelled permission immediately before it was cancelled under this section.\n- (i) starting on the later of the following days (the transfer day )— (A) the day the application is decided; (B) the day stated in the application for the approval of the transfer as the day on which the transfer is to take effect; and\n- (A) the day the application is decided;\n- (B) the day stated in the application for the approval of the transfer as the day on which the transfer is to take effect; and\n- (ii) ending on the day the cancelled permission would have ended if it were not cancelled under this section; and\n- (A) the day the application is decided;\n- (B) the day stated in the application for the approval of the transfer as the day on which the transfer is to take effect; and\n- (a) the proposed transferee consents to the new or different condition; or\n- (b) it is a condition that provides for an indemnity for the State against any liability for loss or damage that is suffered by any person and is caused, whether directly or indirectly, by the activities conducted under the permission; or\n- (c) it is a condition that provides for the compensation or reimbursement of any loss or expense incurred by the State in relation to activities conducted under the permission.","sortOrder":59},{"sectionNumber":"sec.51","sectionType":"section","heading":"Authorisations under transferred permission","content":"### sec.51 Authorisations under transferred permission\n\nThis section applies if—\nan authorisation is given under a permission under section 43 ; and\nthe permission is transferred to another person (the transferee ) under this division.\nThe authorisation continues in effect as if the authorisation were given by the transferee.\n(sec.51-ssec.1) This section applies if— an authorisation is given under a permission under section 43 ; and the permission is transferred to another person (the transferee ) under this division.\n(sec.51-ssec.2) The authorisation continues in effect as if the authorisation were given by the transferee.\n- (a) an authorisation is given under a permission under section 43 ; and\n- (b) the permission is transferred to another person (the transferee ) under this division.","sortOrder":60},{"sectionNumber":"pt.4","sectionType":"part","heading":"Commercial activity agreements","content":"# Commercial activity agreements","sortOrder":61},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Restrictions about and contents of agreements","content":"## Restrictions about and contents of agreements","sortOrder":62},{"sectionNumber":"sec.52","sectionType":"section","heading":"Chief executive may enter into agreement","content":"### sec.52 Chief executive may enter into agreement\n\nThe chief executive may, for the State, enter into an agreement (a commercial activity agreement ) with a person authorising the person to enter and use a marine park or a part of a marine park for conducting a commercial activity in the marine park or part.\nThe chief executive may enter into the agreement in any 1 or more of the following ways—\nby using an expression of interest process under division 2 for entering into the agreement;\nby using an application process under division 3 for entering into the agreement;\nby entering into the agreement with the holder of a permission that authorises the holder to enter and use the marine park or part for conducting the activity in the marine park or part.\nThe commercial activity agreement may be combined with either or both of the following—\na commercial activity agreement entered into by the person under the Nature Conservation (Protected Areas Management) Regulation 2024 , section 162 ;\na commercial activity agreement entered into by the person under the Recreation Areas Management Act 2006 , section 69 .\ns 52 amd 2020 SL No. 138 s 41 ; 2024 SL No. 200 s 4\n(sec.52-ssec.1) The chief executive may, for the State, enter into an agreement (a commercial activity agreement ) with a person authorising the person to enter and use a marine park or a part of a marine park for conducting a commercial activity in the marine park or part.\n(sec.52-ssec.2) The chief executive may enter into the agreement in any 1 or more of the following ways— by using an expression of interest process under division 2 for entering into the agreement; by using an application process under division 3 for entering into the agreement; by entering into the agreement with the holder of a permission that authorises the holder to enter and use the marine park or part for conducting the activity in the marine park or part.\n(sec.52-ssec.3) The commercial activity agreement may be combined with either or both of the following— a commercial activity agreement entered into by the person under the Nature Conservation (Protected Areas Management) Regulation 2024 , section 162 ; a commercial activity agreement entered into by the person under the Recreation Areas Management Act 2006 , section 69 . s 52 amd 2020 SL No. 138 s 41 ; 2024 SL No. 200 s 4\n- (a) by using an expression of interest process under division 2 for entering into the agreement;\n- (b) by using an application process under division 3 for entering into the agreement;\n- (c) by entering into the agreement with the holder of a permission that authorises the holder to enter and use the marine park or part for conducting the activity in the marine park or part.\n- (a) a commercial activity agreement entered into by the person under the Nature Conservation (Protected Areas Management) Regulation 2024 , section 162 ;\n- (b) a commercial activity agreement entered into by the person under the Recreation Areas Management Act 2006 , section 69 .","sortOrder":63},{"sectionNumber":"sec.53","sectionType":"section","heading":"Restrictions on entering into agreement—conservation of marine park","content":"### sec.53 Restrictions on entering into agreement—conservation of marine park\n\nA commercial activity agreement must be consistent with—\nthe Act ; and\neach zoning plan and management plan applying to the marine park to which it applies; and\nthe use and non-use values of the marine park to which it applies.\nA commercial activity agreement can not—\nauthorise a person to enter or use a marine park, or a part of a marine park, for a prohibited purpose for the marine park or part; or\ncreate an interest in tidal land in a marine park; or\nauthorise the carrying out of major earthworks, or the installation of a permanent structure, in a marine park.\nIn this section—\nmajor earthworks means earthworks that cause a major disturbance to the natural or cultural resources in a marine park.\nconstruction of a drainage channel, dredging\n(sec.53-ssec.1) A commercial activity agreement must be consistent with— the Act ; and each zoning plan and management plan applying to the marine park to which it applies; and the use and non-use values of the marine park to which it applies.\n(sec.53-ssec.2) A commercial activity agreement can not— authorise a person to enter or use a marine park, or a part of a marine park, for a prohibited purpose for the marine park or part; or create an interest in tidal land in a marine park; or authorise the carrying out of major earthworks, or the installation of a permanent structure, in a marine park.\n(sec.53-ssec.3) In this section— major earthworks means earthworks that cause a major disturbance to the natural or cultural resources in a marine park. construction of a drainage channel, dredging\n- (a) the Act ; and\n- (b) each zoning plan and management plan applying to the marine park to which it applies; and\n- (c) the use and non-use values of the marine park to which it applies.\n- (a) authorise a person to enter or use a marine park, or a part of a marine park, for a prohibited purpose for the marine park or part; or\n- (b) create an interest in tidal land in a marine park; or\n- (c) authorise the carrying out of major earthworks, or the installation of a permanent structure, in a marine park.","sortOrder":64},{"sectionNumber":"sec.54","sectionType":"section","heading":"Restrictions on entering into agreement—suitability of other party","content":"### sec.54 Restrictions on entering into agreement—suitability of other party\n\nThe chief executive may enter into a commercial activity agreement with a person only if the chief executive is satisfied the person is a suitable person to be a party to the agreement.","sortOrder":65},{"sectionNumber":"sec.55","sectionType":"section","heading":"Restrictions on entering into agreement—insurance","content":"### sec.55 Restrictions on entering into agreement—insurance\n\nThe chief executive may enter into a commercial activity agreement with a person only if the chief executive is satisfied there is adequate insurance cover for the activities authorised under the agreement.\nHowever, subsection (1) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities, including whether insurance is commonly available for the activities.\n(sec.55-ssec.1) The chief executive may enter into a commercial activity agreement with a person only if the chief executive is satisfied there is adequate insurance cover for the activities authorised under the agreement.\n(sec.55-ssec.2) However, subsection (1) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities, including whether insurance is commonly available for the activities.","sortOrder":66},{"sectionNumber":"sec.56","sectionType":"section","heading":"Content of agreement","content":"### sec.56 Content of agreement\n\nA commercial activity agreement must be written and include each of the following details—\nthe name of the marine park to which it applies;\nif the agreement applies to a zone or designated area of a marine park—the name of the zone or area;\nthe date the agreement is entered into;\nits term;\nthe name of the person with whom it is entered into and, if the person is a corporation, its ABN or ACN;\nthe person’s place of business;\nthe activities authorised under the agreement;\nany conditions of the agreement;\nthe amount payable to the State under the agreement, or a way of working out the amount.\nSubsection (1) does not limit the matters that may be included in the agreement.\nThe parties to the agreement may, by agreement, amend it at any time.\nSee also division 5 for provisions about amendment, suspension and cancellation of commercial activity agreements.\n(sec.56-ssec.1) A commercial activity agreement must be written and include each of the following details— the name of the marine park to which it applies; if the agreement applies to a zone or designated area of a marine park—the name of the zone or area; the date the agreement is entered into; its term; the name of the person with whom it is entered into and, if the person is a corporation, its ABN or ACN; the person’s place of business; the activities authorised under the agreement; any conditions of the agreement; the amount payable to the State under the agreement, or a way of working out the amount.\n(sec.56-ssec.2) Subsection (1) does not limit the matters that may be included in the agreement.\n(sec.56-ssec.3) The parties to the agreement may, by agreement, amend it at any time. See also division 5 for provisions about amendment, suspension and cancellation of commercial activity agreements.\n- (a) the name of the marine park to which it applies;\n- (b) if the agreement applies to a zone or designated area of a marine park—the name of the zone or area;\n- (c) the date the agreement is entered into;\n- (d) its term;\n- (e) the name of the person with whom it is entered into and, if the person is a corporation, its ABN or ACN;\n- (f) the person’s place of business;\n- (g) the activities authorised under the agreement;\n- (h) any conditions of the agreement;\n- (i) the amount payable to the State under the agreement, or a way of working out the amount.","sortOrder":67},{"sectionNumber":"sec.57","sectionType":"section","heading":"Mandatory conditions of agreement","content":"### sec.57 Mandatory conditions of agreement\n\nThis section applies if the chief executive reasonably believes a commercial activity agreement should be subject to a condition that will assist in achieving the purpose of the Act .\nSee section 5 of the Act for the Act ’s purpose and how it is to be achieved.\nThe chief executive must not enter into the agreement unless—\nthe agreement is made subject to the condition; and\nthe agreement identifies the condition as a conservation condition and states that a breach of the condition is an offence against section 58 .\n(sec.57-ssec.1) This section applies if the chief executive reasonably believes a commercial activity agreement should be subject to a condition that will assist in achieving the purpose of the Act . See section 5 of the Act for the Act ’s purpose and how it is to be achieved.\n(sec.57-ssec.2) The chief executive must not enter into the agreement unless— the agreement is made subject to the condition; and the agreement identifies the condition as a conservation condition and states that a breach of the condition is an offence against section 58 .\n- (a) the agreement is made subject to the condition; and\n- (b) the agreement identifies the condition as a conservation condition and states that a breach of the condition is an offence against section 58 .","sortOrder":68},{"sectionNumber":"sec.58","sectionType":"section","heading":"Compliance with conservation conditions","content":"### sec.58 Compliance with conservation conditions\n\nA person acting under a commercial activity agreement must comply with each conservation condition of the agreement.\nMaximum penalty—80 penalty units.\nIn this section—\nconservation condition , of a commercial activity agreement, means a condition that, under section 57 , is identified as a conservation condition of the agreement.\n(sec.58-ssec.1) A person acting under a commercial activity agreement must comply with each conservation condition of the agreement. Maximum penalty—80 penalty units.\n(sec.58-ssec.2) In this section— conservation condition , of a commercial activity agreement, means a condition that, under section 57 , is identified as a conservation condition of the agreement.","sortOrder":69},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Expression of interest process","content":"## Expression of interest process","sortOrder":70},{"sectionNumber":"sec.59","sectionType":"section","heading":"Application of division","content":"### sec.59 Application of division\n\nThis division applies if the chief executive decides to use an expression of interest process for entering into a commercial activity agreement for the conducting of a commercial activity in a marine park or a part of a marine park.","sortOrder":71},{"sectionNumber":"sec.60","sectionType":"section","heading":"Invitation for expressions of interest","content":"### sec.60 Invitation for expressions of interest\n\nThe chief executive may invite expressions of interest for a commercial activity agreement for the activity for the marine park or part from—\nonly the holders of a permission authorising the conducting of the activity in the marine park or part; or\nthe members of the public the chief executive reasonably believes would be interested in submitting an expression of interest for the agreement.\nThe invitation must be made in the way the chief executive considers appropriate having regard to the need to ensure the persons to be invited to submit an expression of interest—\nare made aware that the process is being conducted; and\nhave enough time to make an appropriate expression of interest.\nThe invitation must state each of the following—\nthe commercial activity and the marine park, or the part of a marine park, that will be the subject of the agreement;\nif the commercial activity is a prescribed commercial activity for the marine park or part—\nthat the commercial activity is a prescribed commercial activity for the marine park or part; and\nthat, under section 127 , a person may conduct the prescribed commercial activity in the marine park or part only under a commercial activity agreement;\nif the expression of interest process is open to only the holders of a permission authorising the conducting of the activity for the marine park or part—that only those holders may submit an expression of interest for the agreement;\nhow the expression of interest may be submitted to the chief executive;\nwhen the expression of interest must be submitted to the chief executive;\nthat details of each of the following are available at a stated place—\nthe matters the chief executive will consider to decide whether to enter into the agreement;\nany proposed conditions of the agreement that are likely to impact on the conducting of the activity under the agreement.\n(sec.60-ssec.1) The chief executive may invite expressions of interest for a commercial activity agreement for the activity for the marine park or part from— only the holders of a permission authorising the conducting of the activity in the marine park or part; or the members of the public the chief executive reasonably believes would be interested in submitting an expression of interest for the agreement.\n(sec.60-ssec.2) The invitation must be made in the way the chief executive considers appropriate having regard to the need to ensure the persons to be invited to submit an expression of interest— are made aware that the process is being conducted; and have enough time to make an appropriate expression of interest.\n(sec.60-ssec.3) The invitation must state each of the following— the commercial activity and the marine park, or the part of a marine park, that will be the subject of the agreement; if the commercial activity is a prescribed commercial activity for the marine park or part— that the commercial activity is a prescribed commercial activity for the marine park or part; and that, under section 127 , a person may conduct the prescribed commercial activity in the marine park or part only under a commercial activity agreement; if the expression of interest process is open to only the holders of a permission authorising the conducting of the activity for the marine park or part—that only those holders may submit an expression of interest for the agreement; how the expression of interest may be submitted to the chief executive; when the expression of interest must be submitted to the chief executive; that details of each of the following are available at a stated place— the matters the chief executive will consider to decide whether to enter into the agreement; any proposed conditions of the agreement that are likely to impact on the conducting of the activity under the agreement.\n- (a) only the holders of a permission authorising the conducting of the activity in the marine park or part; or\n- (b) the members of the public the chief executive reasonably believes would be interested in submitting an expression of interest for the agreement.\n- (a) are made aware that the process is being conducted; and\n- (b) have enough time to make an appropriate expression of interest.\n- (a) the commercial activity and the marine park, or the part of a marine park, that will be the subject of the agreement;\n- (b) if the commercial activity is a prescribed commercial activity for the marine park or part— (i) that the commercial activity is a prescribed commercial activity for the marine park or part; and (ii) that, under section 127 , a person may conduct the prescribed commercial activity in the marine park or part only under a commercial activity agreement;\n- (i) that the commercial activity is a prescribed commercial activity for the marine park or part; and\n- (ii) that, under section 127 , a person may conduct the prescribed commercial activity in the marine park or part only under a commercial activity agreement;\n- (c) if the expression of interest process is open to only the holders of a permission authorising the conducting of the activity for the marine park or part—that only those holders may submit an expression of interest for the agreement;\n- (d) how the expression of interest may be submitted to the chief executive;\n- (e) when the expression of interest must be submitted to the chief executive;\n- (f) that details of each of the following are available at a stated place— (i) the matters the chief executive will consider to decide whether to enter into the agreement; (ii) any proposed conditions of the agreement that are likely to impact on the conducting of the activity under the agreement.\n- (i) the matters the chief executive will consider to decide whether to enter into the agreement;\n- (ii) any proposed conditions of the agreement that are likely to impact on the conducting of the activity under the agreement.\n- (i) that the commercial activity is a prescribed commercial activity for the marine park or part; and\n- (ii) that, under section 127 , a person may conduct the prescribed commercial activity in the marine park or part only under a commercial activity agreement;\n- (i) the matters the chief executive will consider to decide whether to enter into the agreement;\n- (ii) any proposed conditions of the agreement that are likely to impact on the conducting of the activity under the agreement.","sortOrder":72},{"sectionNumber":"sec.61","sectionType":"section","heading":"Requirements for expression of interest","content":"### sec.61 Requirements for expression of interest\n\nAn expression of interest for a commercial activity agreement must be—\nwritten; and\nsubmitted in the way, and by the day and time, stated in the invitation under section 60 .\n- (a) written; and\n- (b) submitted in the way, and by the day and time, stated in the invitation under section 60 .","sortOrder":73},{"sectionNumber":"sec.62","sectionType":"section","heading":"Requirements for process","content":"### sec.62 Requirements for process\n\nSubject to the restrictions about entering into a commercial activity agreement mentioned in division 1 , any process the chief executive considers appropriate may be used to decide which expressions of interest should be further negotiated toward a commercial activity agreement.\nHowever, in considering an expression of interest, the chief executive must have regard to—\nthe matters the chief executive is required to have regard to in considering an application for a permission for the activity; and\nany other matter the chief executive reasonably considers relevant.\nSee part 3 for the matters the chief executive must have regard to in considering an application for a permission for conducting a commercial activity in a marine park.\n(sec.62-ssec.1) Subject to the restrictions about entering into a commercial activity agreement mentioned in division 1 , any process the chief executive considers appropriate may be used to decide which expressions of interest should be further negotiated toward a commercial activity agreement.\n(sec.62-ssec.2) However, in considering an expression of interest, the chief executive must have regard to— the matters the chief executive is required to have regard to in considering an application for a permission for the activity; and any other matter the chief executive reasonably considers relevant. See part 3 for the matters the chief executive must have regard to in considering an application for a permission for conducting a commercial activity in a marine park.\n- (a) the matters the chief executive is required to have regard to in considering an application for a permission for the activity; and\n- (b) any other matter the chief executive reasonably considers relevant.","sortOrder":74},{"sectionNumber":"sec.63","sectionType":"section","heading":"Chief executive may request further information","content":"### sec.63 Chief executive may request further information\n\nWithout limiting section 62 (1) , the chief executive may, by notice given to the submitter of an expression of interest, ask the submitter to give the chief executive further reasonable information within the reasonable period of at least 20 business days stated in the notice.\nIf the submitter does not, without reasonable excuse, give the chief executive the further information by the stated day—\nthe expression of interest is taken to have been withdrawn; and\nthe chief executive must give the submitter a notice stating that—\nunder this section the expression of interest is taken to be withdrawn; and\nthe submitter may submit another expression of interest.\nThe chief executive may extend the period within which the information must be given.\n(sec.63-ssec.1) Without limiting section 62 (1) , the chief executive may, by notice given to the submitter of an expression of interest, ask the submitter to give the chief executive further reasonable information within the reasonable period of at least 20 business days stated in the notice.\n(sec.63-ssec.2) If the submitter does not, without reasonable excuse, give the chief executive the further information by the stated day— the expression of interest is taken to have been withdrawn; and the chief executive must give the submitter a notice stating that— under this section the expression of interest is taken to be withdrawn; and the submitter may submit another expression of interest.\n(sec.63-ssec.3) The chief executive may extend the period within which the information must be given.\n- (a) the expression of interest is taken to have been withdrawn; and\n- (b) the chief executive must give the submitter a notice stating that— (i) under this section the expression of interest is taken to be withdrawn; and (ii) the submitter may submit another expression of interest.\n- (i) under this section the expression of interest is taken to be withdrawn; and\n- (ii) the submitter may submit another expression of interest.\n- (i) under this section the expression of interest is taken to be withdrawn; and\n- (ii) the submitter may submit another expression of interest.","sortOrder":75},{"sectionNumber":"sec.64","sectionType":"section","heading":"Amending expression of interest","content":"### sec.64 Amending expression of interest\n\nIf the chief executive agrees, the submitter of an expression of interest may amend it before the chief executive has finished considering it.","sortOrder":76},{"sectionNumber":"sec.65","sectionType":"section","heading":"Notice to unsuccessful submitters","content":"### sec.65 Notice to unsuccessful submitters\n\nThe chief executive must, within 10 business days after making a decision under section 62 , give each unsuccessful submitter of an expression of interest notice of the decision.","sortOrder":77},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Application process","content":"## Application process","sortOrder":78},{"sectionNumber":"sec.66","sectionType":"section","heading":"Application of division","content":"### sec.66 Application of division\n\nThis division applies if the chief executive decides to use an application process for entering into a commercial activity agreement for conducting a commercial activity in a marine park or a part of a marine park.","sortOrder":79},{"sectionNumber":"sec.67","sectionType":"section","heading":"Applying for agreement","content":"### sec.67 Applying for agreement\n\nA person may apply to the chief executive for a commercial activity agreement for conducting a commercial activity in a marine park or a part of a marine park.\nThe application must—\nbe in the approved form; and\nbe supported by enough information to enable the application to be decided, including the information mentioned in schedule 2 ; and\ncomply with any other requirements for the application under a zoning plan applying to the marine park.\n(sec.67-ssec.1) A person may apply to the chief executive for a commercial activity agreement for conducting a commercial activity in a marine park or a part of a marine park.\n(sec.67-ssec.2) The application must— be in the approved form; and be supported by enough information to enable the application to be decided, including the information mentioned in schedule 2 ; and comply with any other requirements for the application under a zoning plan applying to the marine park.\n- (a) be in the approved form; and\n- (b) be supported by enough information to enable the application to be decided, including the information mentioned in schedule 2 ; and\n- (c) comply with any other requirements for the application under a zoning plan applying to the marine park.","sortOrder":80},{"sectionNumber":"sec.68","sectionType":"section","heading":"Matters to which chief executive must have regard","content":"### sec.68 Matters to which chief executive must have regard\n\nIn considering the application, the chief executive must have regard to—\nthe matters the chief executive is required to have regard to in considering an application for a permission for the activity; and\nany other matter the chief executive reasonably considers relevant.\nSee part 3 for the matters the chief executive must have regard to in considering an application for a permission for conducting a commercial activity in a marine park.\n- (a) the matters the chief executive is required to have regard to in considering an application for a permission for the activity; and\n- (b) any other matter the chief executive reasonably considers relevant.","sortOrder":81},{"sectionNumber":"sec.69","sectionType":"section","heading":"Chief executive may request further information","content":"### sec.69 Chief executive may request further information\n\nThe chief executive may, by notice given to the applicant, ask the applicant to give the chief executive further reasonable information within the reasonable period of at least 20 business days stated in the notice.\nIf the applicant does not, without reasonable excuse, give the chief executive the further information by the stated day—\nthe application is taken to have been withdrawn; and\nthe chief executive must give the applicant a notice stating—\nunder this section, the application is taken to be withdrawn; and\nthe applicant may make a new application.\nThe chief executive may extend the period within which the information must be given.\n(sec.69-ssec.1) The chief executive may, by notice given to the applicant, ask the applicant to give the chief executive further reasonable information within the reasonable period of at least 20 business days stated in the notice.\n(sec.69-ssec.2) If the applicant does not, without reasonable excuse, give the chief executive the further information by the stated day— the application is taken to have been withdrawn; and the chief executive must give the applicant a notice stating— under this section, the application is taken to be withdrawn; and the applicant may make a new application.\n(sec.69-ssec.3) The chief executive may extend the period within which the information must be given.\n- (a) the application is taken to have been withdrawn; and\n- (b) the chief executive must give the applicant a notice stating— (i) under this section, the application is taken to be withdrawn; and (ii) the applicant may make a new application.\n- (i) under this section, the application is taken to be withdrawn; and\n- (ii) the applicant may make a new application.\n- (i) under this section, the application is taken to be withdrawn; and\n- (ii) the applicant may make a new application.","sortOrder":82},{"sectionNumber":"sec.70","sectionType":"section","heading":"Amending application","content":"### sec.70 Amending application\n\nIf the chief executive agrees, the applicant may amend the application before the chief executive has finished considering it.","sortOrder":83},{"sectionNumber":"sec.71","sectionType":"section","heading":"Chief executive may request public notice of application","content":"### sec.71 Chief executive may request public notice of application\n\nThis section applies if the chief executive considers entering into a commercial activity agreement and the subject of the application may restrict the reasonable use of a marine park, or a part of a marine park, by persons other than the applicant.\nThe chief executive may give the applicant a notice stating—\nthe applicant must give public notice of the application within a stated period; and\nthe information that must be included in the notice the subject of the public notice; and\nthe number of times, being not more than 2, the public notice must be given.\nThe applicant must give the public notice and ensure it—\nincludes the stated information; and\ninvites interested persons to make written submissions to the chief executive, in relation to the application—\nat an address stated in the notice; and\nwithin a stated period of at least 20 business days.\nBefore deciding whether or not to further negotiate toward entering into the agreement, the chief executive must consider any written submissions received by the chief executive in response to the public notice within the stated period.\nThe applicant is taken to have withdrawn the application if the applicant does not comply with—\na notice given under subsection (2) ; or\nthe requirements for giving the public notice under subsection (3) .\n(sec.71-ssec.1) This section applies if the chief executive considers entering into a commercial activity agreement and the subject of the application may restrict the reasonable use of a marine park, or a part of a marine park, by persons other than the applicant.\n(sec.71-ssec.2) The chief executive may give the applicant a notice stating— the applicant must give public notice of the application within a stated period; and the information that must be included in the notice the subject of the public notice; and the number of times, being not more than 2, the public notice must be given.\n(sec.71-ssec.3) The applicant must give the public notice and ensure it— includes the stated information; and invites interested persons to make written submissions to the chief executive, in relation to the application— at an address stated in the notice; and within a stated period of at least 20 business days.\n(sec.71-ssec.4) Before deciding whether or not to further negotiate toward entering into the agreement, the chief executive must consider any written submissions received by the chief executive in response to the public notice within the stated period.\n(sec.71-ssec.5) The applicant is taken to have withdrawn the application if the applicant does not comply with— a notice given under subsection (2) ; or the requirements for giving the public notice under subsection (3) .\n- (a) the applicant must give public notice of the application within a stated period; and\n- (b) the information that must be included in the notice the subject of the public notice; and\n- (c) the number of times, being not more than 2, the public notice must be given.\n- (a) includes the stated information; and\n- (b) invites interested persons to make written submissions to the chief executive, in relation to the application— (i) at an address stated in the notice; and (ii) within a stated period of at least 20 business days.\n- (i) at an address stated in the notice; and\n- (ii) within a stated period of at least 20 business days.\n- (i) at an address stated in the notice; and\n- (ii) within a stated period of at least 20 business days.\n- (a) a notice given under subsection (2) ; or\n- (b) the requirements for giving the public notice under subsection (3) .","sortOrder":84},{"sectionNumber":"sec.72","sectionType":"section","heading":"Negotiating application for agreement","content":"### sec.72 Negotiating application for agreement\n\nThe chief executive must consider each application for a commercial activity agreement and decide—\nto negotiate the signing of a commercial activity agreement for the application; or\nto refuse to negotiate the signing of a commercial activity agreement for the application.\nThe chief executive must give the applicant a notice of the decision within 10 business days after making the decision.\nIf the decision is a refusal under subsection (1) (b) , the notice must be an information notice.\n(sec.72-ssec.1) The chief executive must consider each application for a commercial activity agreement and decide— to negotiate the signing of a commercial activity agreement for the application; or to refuse to negotiate the signing of a commercial activity agreement for the application.\n(sec.72-ssec.2) The chief executive must give the applicant a notice of the decision within 10 business days after making the decision.\n(sec.72-ssec.3) If the decision is a refusal under subsection (1) (b) , the notice must be an information notice.\n- (a) to negotiate the signing of a commercial activity agreement for the application; or\n- (b) to refuse to negotiate the signing of a commercial activity agreement for the application.","sortOrder":85},{"sectionNumber":"sec.73","sectionType":"section","heading":"Steps to be taken after application decided","content":"### sec.73 Steps to be taken after application decided\n\nIf, after negotiation, the chief executive decides to enter into a commercial activity agreement, the chief executive must, as soon as practicable after making the decision, enter into the agreement with the applicant.\nIf, after negotiation, the chief executive decides to refuse to enter into the commercial activity agreement, the chief executive must, within 10 business days after making the decision, give the applicant an information notice about the decision.\n(sec.73-ssec.1) If, after negotiation, the chief executive decides to enter into a commercial activity agreement, the chief executive must, as soon as practicable after making the decision, enter into the agreement with the applicant.\n(sec.73-ssec.2) If, after negotiation, the chief executive decides to refuse to enter into the commercial activity agreement, the chief executive must, within 10 business days after making the decision, give the applicant an information notice about the decision.","sortOrder":86},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Requirements applying to and nature of agreements","content":"## Requirements applying to and nature of agreements","sortOrder":87},{"sectionNumber":"sec.74","sectionType":"section","heading":"Term and review of agreements","content":"### sec.74 Term and review of agreements\n\nA commercial activity agreement must not be for a term longer than 15 years from the day the agreement starts.\nThe agreement may allow for the term of the agreement to be extended at any time, as long as the term of the agreement is not, at any time, longer than 15 years.\nThe agreement may also provide for—\na review of the agreement to be conducted at stated intervals; and\nthe matters to be considered at the review.\ns 74 amd 2024 SL No. 25 s 22\n(sec.74-ssec.1) A commercial activity agreement must not be for a term longer than 15 years from the day the agreement starts.\n(sec.74-ssec.2) The agreement may allow for the term of the agreement to be extended at any time, as long as the term of the agreement is not, at any time, longer than 15 years.\n(sec.74-ssec.3) The agreement may also provide for— a review of the agreement to be conducted at stated intervals; and the matters to be considered at the review.\n- (a) a review of the agreement to be conducted at stated intervals; and\n- (b) the matters to be considered at the review.","sortOrder":88},{"sectionNumber":"sec.75","sectionType":"section","heading":"Nature of agreement","content":"### sec.75 Nature of agreement\n\nA commercial activity agreement—\nauthorises the party to the agreement other than the chief executive (the other party to the agreement) to enter and use the marine park, or the part of a marine park, stated in the agreement for conducting, subject to the conditions stated in the agreement, the commercial activity stated in the agreement; and\nmay be transferred in the way mentioned in division 6 .\n- (a) authorises the party to the agreement other than the chief executive (the other party to the agreement) to enter and use the marine park, or the part of a marine park, stated in the agreement for conducting, subject to the conditions stated in the agreement, the commercial activity stated in the agreement; and\n- (b) may be transferred in the way mentioned in division 6 .","sortOrder":89},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Amendment, suspension and cancellation of agreement by chief executive","content":"## Amendment, suspension and cancellation of agreement by chief executive","sortOrder":90},{"sectionNumber":"sec.76","sectionType":"section","heading":"Immediate amendment or suspension for safety or conservation","content":"### sec.76 Immediate amendment or suspension for safety or conservation\n\nThis section applies if—\nthe chief executive reasonably believes a commercial activity agreement should be amended or the authorisation under it suspended—\nto secure the safety of a person or a person’s property; or\nbecause of a cyclone or other natural disaster; or\nto conserve or protect the natural or cultural resources in the marine park to which the agreement applies; or\nthe area to which a commercial activity agreement applies is declared, after the agreement was entered into, to be a restricted access area.\nThe chief executive must, in writing, or verbally if practicable, or by signs, advise the other party to the agreement that until the chief executive otherwise decides—\nthe agreement is amended in the way the chief executive advises; or\nthe authorisation under the agreement is suspended to the extent the chief executive advises.\nIf the chief executive acts under subsection (2) , the amendment or suspension takes effect immediately after the other party is advised of the amendment or suspension and continues until the chief executive decides the reason for the amendment or suspension no longer exists.\nThe effect of an amendment under this section does not depend on the amendment being noted on the agreement.\nThe chief executive must as soon as practicable after the amendment or suspension ends—\nin writing, or verbally if practicable, or by signs, advise the other party that the amendment or suspension no longer applies; and\nput a notice on the department’s website advising that the amendment or suspension no longer applies.\n(sec.76-ssec.1) This section applies if— the chief executive reasonably believes a commercial activity agreement should be amended or the authorisation under it suspended— to secure the safety of a person or a person’s property; or because of a cyclone or other natural disaster; or to conserve or protect the natural or cultural resources in the marine park to which the agreement applies; or the area to which a commercial activity agreement applies is declared, after the agreement was entered into, to be a restricted access area.\n(sec.76-ssec.2) The chief executive must, in writing, or verbally if practicable, or by signs, advise the other party to the agreement that until the chief executive otherwise decides— the agreement is amended in the way the chief executive advises; or the authorisation under the agreement is suspended to the extent the chief executive advises.\n(sec.76-ssec.3) If the chief executive acts under subsection (2) , the amendment or suspension takes effect immediately after the other party is advised of the amendment or suspension and continues until the chief executive decides the reason for the amendment or suspension no longer exists.\n(sec.76-ssec.4) The effect of an amendment under this section does not depend on the amendment being noted on the agreement.\n(sec.76-ssec.5) The chief executive must as soon as practicable after the amendment or suspension ends— in writing, or verbally if practicable, or by signs, advise the other party that the amendment or suspension no longer applies; and put a notice on the department’s website advising that the amendment or suspension no longer applies.\n- (a) the chief executive reasonably believes a commercial activity agreement should be amended or the authorisation under it suspended— (i) to secure the safety of a person or a person’s property; or (ii) because of a cyclone or other natural disaster; or (iii) to conserve or protect the natural or cultural resources in the marine park to which the agreement applies; or\n- (i) to secure the safety of a person or a person’s property; or\n- (ii) because of a cyclone or other natural disaster; or\n- (iii) to conserve or protect the natural or cultural resources in the marine park to which the agreement applies; or\n- (b) the area to which a commercial activity agreement applies is declared, after the agreement was entered into, to be a restricted access area.\n- (i) to secure the safety of a person or a person’s property; or\n- (ii) because of a cyclone or other natural disaster; or\n- (iii) to conserve or protect the natural or cultural resources in the marine park to which the agreement applies; or\n- (a) the agreement is amended in the way the chief executive advises; or\n- (b) the authorisation under the agreement is suspended to the extent the chief executive advises.\n- (a) in writing, or verbally if practicable, or by signs, advise the other party that the amendment or suspension no longer applies; and\n- (b) put a notice on the department’s website advising that the amendment or suspension no longer applies.","sortOrder":91},{"sectionNumber":"sec.77","sectionType":"section","heading":"Non-immediate amendment","content":"### sec.77 Non-immediate amendment\n\nThe chief executive may, by complying with section 78 , amend a commercial activity agreement—\nfor a reason for which the agreement may be amended or suspended under section 76 ; or\nif the chief executive reasonably believes—\nthe agreement was entered into on the basis of incorrect or misleading information; or\nthe other party to the agreement has contravened a condition of the agreement; or\nthe other party to the agreement is not, or is no longer, a suitable person to be a party to the agreement; or\nthe amendment is necessary having regard to the purpose of the Act ; or\nif the other party to the agreement is convicted of an offence against the Act and the activities of the other party that led to the conviction are relevant to the other party’s ability to conduct activities under the agreement in a competent or ethical way.\n- (a) for a reason for which the agreement may be amended or suspended under section 76 ; or\n- (b) if the chief executive reasonably believes— (i) the agreement was entered into on the basis of incorrect or misleading information; or (ii) the other party to the agreement has contravened a condition of the agreement; or (iii) the other party to the agreement is not, or is no longer, a suitable person to be a party to the agreement; or (iv) the amendment is necessary having regard to the purpose of the Act ; or\n- (i) the agreement was entered into on the basis of incorrect or misleading information; or\n- (ii) the other party to the agreement has contravened a condition of the agreement; or\n- (iii) the other party to the agreement is not, or is no longer, a suitable person to be a party to the agreement; or\n- (iv) the amendment is necessary having regard to the purpose of the Act ; or\n- (c) if the other party to the agreement is convicted of an offence against the Act and the activities of the other party that led to the conviction are relevant to the other party’s ability to conduct activities under the agreement in a competent or ethical way.\n- (i) the agreement was entered into on the basis of incorrect or misleading information; or\n- (ii) the other party to the agreement has contravened a condition of the agreement; or\n- (iii) the other party to the agreement is not, or is no longer, a suitable person to be a party to the agreement; or\n- (iv) the amendment is necessary having regard to the purpose of the Act ; or","sortOrder":92},{"sectionNumber":"sec.78","sectionType":"section","heading":"Procedure for non-immediate amendment","content":"### sec.78 Procedure for non-immediate amendment\n\nIf the chief executive proposes to make an amendment under section 77 , the chief executive must give the other party to the agreement a notice stating each of the following—\nthe proposed amendment;\nthe ground for the proposed amendment;\nan outline of the facts and circumstances forming the basis for the ground;\nan invitation to make written submissions, within a stated period of at least 20 business days after the notice is given, about why the proposed amendment should not be made.\nIf, after considering any written submissions made within the stated period, the chief executive still considers the amendment should be made, the chief executive may amend the agreement—\nin the way stated in the notice; or\nin another way, having regard to the submissions.\nIf the chief executive amends the agreement, the chief executive must give the other party an information notice about the decision.\nThe amendment takes effect on the later of the following days—\nthe day the information notice is given to the other party;\nthe day of effect stated in the information notice.\nThe effect of the amendment does not depend on the amendment being noted on the agreement.\nIf the chief executive decides not to make the amendment, the chief executive must as soon as practicable after making the decision give the other party notice of the decision.\n(sec.78-ssec.1) If the chief executive proposes to make an amendment under section 77 , the chief executive must give the other party to the agreement a notice stating each of the following— the proposed amendment; the ground for the proposed amendment; an outline of the facts and circumstances forming the basis for the ground; an invitation to make written submissions, within a stated period of at least 20 business days after the notice is given, about why the proposed amendment should not be made.\n(sec.78-ssec.2) If, after considering any written submissions made within the stated period, the chief executive still considers the amendment should be made, the chief executive may amend the agreement— in the way stated in the notice; or in another way, having regard to the submissions.\n(sec.78-ssec.3) If the chief executive amends the agreement, the chief executive must give the other party an information notice about the decision.\n(sec.78-ssec.4) The amendment takes effect on the later of the following days— the day the information notice is given to the other party; the day of effect stated in the information notice.\n(sec.78-ssec.5) The effect of the amendment does not depend on the amendment being noted on the agreement.\n(sec.78-ssec.6) If the chief executive decides not to make the amendment, the chief executive must as soon as practicable after making the decision give the other party notice of the decision.\n- (a) the proposed amendment;\n- (b) the ground for the proposed amendment;\n- (c) an outline of the facts and circumstances forming the basis for the ground;\n- (d) an invitation to make written submissions, within a stated period of at least 20 business days after the notice is given, about why the proposed amendment should not be made.\n- (a) in the way stated in the notice; or\n- (b) in another way, having regard to the submissions.\n- (a) the day the information notice is given to the other party;\n- (b) the day of effect stated in the information notice.","sortOrder":93},{"sectionNumber":"sec.79","sectionType":"section","heading":"Amendment by application","content":"### sec.79 Amendment by application\n\nThe other party to a commercial activity agreement may apply to the chief executive for an amendment of the agreement.\nThe application must—\nbe in the approved form; and\nbe supported by enough information to enable the application to be decided, including the information mentioned in schedule 2 ; and\ncomply with any other requirements for the application under a zoning plan applying to the marine park.\nIf the chief executive decides to make the amendment, the chief executive must give the other party notice of the amendment.\nThe amendment takes effect on the later of the following days—\nthe day the notice is given to the other party;\nthe day of effect stated in the notice.\nThe effect of the amendment does not depend on the amendment being noted on the agreement.\nIf the chief executive decides not to make the amendment, the chief executive must, as soon as practicable after making the decision, give the other party an information notice about the decision.\n(sec.79-ssec.1) The other party to a commercial activity agreement may apply to the chief executive for an amendment of the agreement.\n(sec.79-ssec.2) The application must— be in the approved form; and be supported by enough information to enable the application to be decided, including the information mentioned in schedule 2 ; and comply with any other requirements for the application under a zoning plan applying to the marine park.\n(sec.79-ssec.3) If the chief executive decides to make the amendment, the chief executive must give the other party notice of the amendment.\n(sec.79-ssec.4) The amendment takes effect on the later of the following days— the day the notice is given to the other party; the day of effect stated in the notice.\n(sec.79-ssec.5) The effect of the amendment does not depend on the amendment being noted on the agreement.\n(sec.79-ssec.6) If the chief executive decides not to make the amendment, the chief executive must, as soon as practicable after making the decision, give the other party an information notice about the decision.\n- (a) be in the approved form; and\n- (b) be supported by enough information to enable the application to be decided, including the information mentioned in schedule 2 ; and\n- (c) comply with any other requirements for the application under a zoning plan applying to the marine park.\n- (a) the day the notice is given to the other party;\n- (b) the day of effect stated in the notice.","sortOrder":94},{"sectionNumber":"sec.80","sectionType":"section","heading":"Non-immediate cancellation or suspension","content":"### sec.80 Non-immediate cancellation or suspension\n\nThe chief executive may, by complying with section 81 , cancel a commercial activity agreement or suspend an authorisation under a commercial activity agreement—\nfor a reason for which the agreement may be amended under section 76 ; or\nif the purpose for which entry or use of a marine park, or a part of a marine park, is authorised under the agreement is prescribed as a prohibited purpose for the marine park or part; or\nif the chief reasonably believes the activities being conducted under the agreement are having an unacceptable impact on the use and non-use values of a marine park; or\nif the chief executive reasonably believes the activities being conducted under the agreement are threatening public health or safety; or\nif the chief executive reasonably believes the cancellation or suspension is necessary to ensure the fair and equitable access to the marine park to which it applies.\nEnvironmental factors have affected the availability of public access to the marine park to which the commercial activity agreement applies and the agreement restricts the current availability of public access to the marine park.\n- (a) for a reason for which the agreement may be amended under section 76 ; or\n- (b) if the purpose for which entry or use of a marine park, or a part of a marine park, is authorised under the agreement is prescribed as a prohibited purpose for the marine park or part; or\n- (c) if the chief reasonably believes the activities being conducted under the agreement are having an unacceptable impact on the use and non-use values of a marine park; or\n- (d) if the chief executive reasonably believes the activities being conducted under the agreement are threatening public health or safety; or\n- (e) if the chief executive reasonably believes the cancellation or suspension is necessary to ensure the fair and equitable access to the marine park to which it applies. Example for paragraph (e) — Environmental factors have affected the availability of public access to the marine park to which the commercial activity agreement applies and the agreement restricts the current availability of public access to the marine park.","sortOrder":95},{"sectionNumber":"sec.81","sectionType":"section","heading":"Procedure for non-immediate cancellation or suspension","content":"### sec.81 Procedure for non-immediate cancellation or suspension\n\nIf the chief executive proposes to take action (the proposed action ) under section 80 , the chief executive must give the other party to the agreement a notice stating each of the following—\nthe proposed action;\nthe ground for the proposed action;\nan outline of the facts and circumstances forming the basis for the ground;\nif the proposed action is suspension of the agreement—the proposed suspension period;\nan invitation to make written submissions, within a stated period of at least 20 business days after the notice is given, about why the proposed action should not be taken.\nIf, after considering any written submissions made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide—\nif the proposed action was to suspend the authorisation under the agreement—to suspend it for not longer than the proposed suspension period; or\nif the proposed action was to cancel the agreement—either to cancel the agreement or to suspend the authorisation under it for a period.\nIf the chief executive decides to cancel the agreement, or suspend the authorisation under the agreement, the chief executive must give the other party to the agreement an information notice about the decision.\nThe cancellation or suspension takes effect on the later of the following days—\nthe day the information notice is given to the other party to the agreement;\nthe day of effect stated in the information notice.\nIf the chief executive decides not to take the proposed action, the chief executive must as soon as practicable after making the decision give the other party to the agreement notice of the decision.\nIf a commercial activity agreement is cancelled because of the conviction of a person for an offence and the conviction is quashed, the cancellation has no further effect.\nIf the authorisation under a commercial activity agreement is suspended because of the conviction of a person for an offence and the conviction is quashed, the suspension period ends on the day the conviction is quashed.\n(sec.81-ssec.1) If the chief executive proposes to take action (the proposed action ) under section 80 , the chief executive must give the other party to the agreement a notice stating each of the following— the proposed action; the ground for the proposed action; an outline of the facts and circumstances forming the basis for the ground; if the proposed action is suspension of the agreement—the proposed suspension period; an invitation to make written submissions, within a stated period of at least 20 business days after the notice is given, about why the proposed action should not be taken.\n(sec.81-ssec.2) If, after considering any written submissions made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide— if the proposed action was to suspend the authorisation under the agreement—to suspend it for not longer than the proposed suspension period; or if the proposed action was to cancel the agreement—either to cancel the agreement or to suspend the authorisation under it for a period.\n(sec.81-ssec.3) If the chief executive decides to cancel the agreement, or suspend the authorisation under the agreement, the chief executive must give the other party to the agreement an information notice about the decision.\n(sec.81-ssec.4) The cancellation or suspension takes effect on the later of the following days— the day the information notice is given to the other party to the agreement; the day of effect stated in the information notice.\n(sec.81-ssec.5) If the chief executive decides not to take the proposed action, the chief executive must as soon as practicable after making the decision give the other party to the agreement notice of the decision.\n(sec.81-ssec.6) If a commercial activity agreement is cancelled because of the conviction of a person for an offence and the conviction is quashed, the cancellation has no further effect.\n(sec.81-ssec.7) If the authorisation under a commercial activity agreement is suspended because of the conviction of a person for an offence and the conviction is quashed, the suspension period ends on the day the conviction is quashed.\n- (a) the proposed action;\n- (b) the ground for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the ground;\n- (d) if the proposed action is suspension of the agreement—the proposed suspension period;\n- (e) an invitation to make written submissions, within a stated period of at least 20 business days after the notice is given, about why the proposed action should not be taken.\n- (a) if the proposed action was to suspend the authorisation under the agreement—to suspend it for not longer than the proposed suspension period; or\n- (b) if the proposed action was to cancel the agreement—either to cancel the agreement or to suspend the authorisation under it for a period.\n- (a) the day the information notice is given to the other party to the agreement;\n- (b) the day of effect stated in the information notice.","sortOrder":96},{"sectionNumber":"pt.4-div.6","sectionType":"division","heading":"Transfer of authorisation under agreement","content":"## Transfer of authorisation under agreement","sortOrder":97},{"sectionNumber":"sec.82","sectionType":"section","heading":"Application to transfer agreement","content":"### sec.82 Application to transfer agreement\n\nThe other party to a commercial activity agreement (the seller ) may transfer the authorisation under the agreement to another person (the buyer ).\nThe seller and the buyer must apply to the chief executive to—\napprove the transfer; and\nif the chief executive approves the transfer, give effect to the transfer under this division.\n(sec.82-ssec.1) The other party to a commercial activity agreement (the seller ) may transfer the authorisation under the agreement to another person (the buyer ).\n(sec.82-ssec.2) The seller and the buyer must apply to the chief executive to— approve the transfer; and if the chief executive approves the transfer, give effect to the transfer under this division.\n- (a) approve the transfer; and\n- (b) if the chief executive approves the transfer, give effect to the transfer under this division.","sortOrder":98},{"sectionNumber":"sec.83","sectionType":"section","heading":"Deciding transfer application","content":"### sec.83 Deciding transfer application\n\nThe chief executive may approve the transfer only if—\nthe chief executive is satisfied the buyer is a suitable person to be a party to the commercial activity agreement the subject of the authorisation; and\nif the authorisation allows the buyer to conduct a commercial whale watching program in the Point Lookout area within the Moreton Bay Marine Park—the buyer is a person mentioned in section 18 (3) (a) .\nIf the chief executive refuses to approve a transfer, the chief executive must give the seller and the buyer an information notice about the decision.\ns 83 amd 2018 SL No. 109 s 6\n(sec.83-ssec.1) The chief executive may approve the transfer only if— the chief executive is satisfied the buyer is a suitable person to be a party to the commercial activity agreement the subject of the authorisation; and if the authorisation allows the buyer to conduct a commercial whale watching program in the Point Lookout area within the Moreton Bay Marine Park—the buyer is a person mentioned in section 18 (3) (a) .\n(sec.83-ssec.2) If the chief executive refuses to approve a transfer, the chief executive must give the seller and the buyer an information notice about the decision.\n- (a) the chief executive is satisfied the buyer is a suitable person to be a party to the commercial activity agreement the subject of the authorisation; and\n- (b) if the authorisation allows the buyer to conduct a commercial whale watching program in the Point Lookout area within the Moreton Bay Marine Park—the buyer is a person mentioned in section 18 (3) (a) .","sortOrder":99},{"sectionNumber":"sec.84","sectionType":"section","heading":"Giving effect to transfer","content":"### sec.84 Giving effect to transfer\n\nThis section applies if—\nthe chief executive approves the transfer; and\nall amounts payable by the seller under the seller’s commercial activity agreement have been paid.\nIf the seller transfers all of the authorisation under the agreement, the chief executive must give effect to the transfer by cancelling the seller’s agreement and—\nif the buyer is the other party to another commercial activity agreement—amending the other agreement to reflect the transfer; or\nif the buyer is not the other party to another commercial activity agreement—entering into, with the buyer, a commercial activity agreement for the conducting of the commercial activity the subject of the authorisation.\nIf the seller transfers only part of the authorisation under the agreement, the chief executive must give effect to the transfer by amending the seller’s commercial activity agreement to reflect the transfer and—\nif the buyer is the other party to another commercial activity agreement—amending the other agreement to reflect the transfer; or\nif the buyer is not the other party to another commercial activity agreement—entering into, with the buyer, a commercial activity agreement for the conducting of the commercial activity the subject of the authorisation.\n(sec.84-ssec.1) This section applies if— the chief executive approves the transfer; and all amounts payable by the seller under the seller’s commercial activity agreement have been paid.\n(sec.84-ssec.2) If the seller transfers all of the authorisation under the agreement, the chief executive must give effect to the transfer by cancelling the seller’s agreement and— if the buyer is the other party to another commercial activity agreement—amending the other agreement to reflect the transfer; or if the buyer is not the other party to another commercial activity agreement—entering into, with the buyer, a commercial activity agreement for the conducting of the commercial activity the subject of the authorisation.\n(sec.84-ssec.3) If the seller transfers only part of the authorisation under the agreement, the chief executive must give effect to the transfer by amending the seller’s commercial activity agreement to reflect the transfer and— if the buyer is the other party to another commercial activity agreement—amending the other agreement to reflect the transfer; or if the buyer is not the other party to another commercial activity agreement—entering into, with the buyer, a commercial activity agreement for the conducting of the commercial activity the subject of the authorisation.\n- (a) the chief executive approves the transfer; and\n- (b) all amounts payable by the seller under the seller’s commercial activity agreement have been paid.\n- (a) if the buyer is the other party to another commercial activity agreement—amending the other agreement to reflect the transfer; or\n- (b) if the buyer is not the other party to another commercial activity agreement—entering into, with the buyer, a commercial activity agreement for the conducting of the commercial activity the subject of the authorisation.\n- (a) if the buyer is the other party to another commercial activity agreement—amending the other agreement to reflect the transfer; or\n- (b) if the buyer is not the other party to another commercial activity agreement—entering into, with the buyer, a commercial activity agreement for the conducting of the commercial activity the subject of the authorisation.","sortOrder":100},{"sectionNumber":"pt.4-div.7","sectionType":"division","heading":"Inspection of agreement or copy","content":"## Inspection of agreement or copy","sortOrder":101},{"sectionNumber":"sec.85","sectionType":"section","heading":"Agreement or copy must be available for inspection","content":"### sec.85 Agreement or copy must be available for inspection\n\nA person acting under a commercial activity agreement must—\nhave the following available for inspection—\nfor a person who is a party to the agreement—the agreement, a copy of the agreement or a copy of the relevant details for the agreement;\nfor a person who is not a party to the agreement—a copy of the agreement, or a copy of the relevant details for the agreement, endorsed by a party to the agreement with that person’s name and residential address; and\nif asked by an inspector, produce the agreement or copy for inspection by the inspector, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIn this section—\nrelevant details , for a commercial activity agreement, means the details needed to identify the following matters—\nthe names of the parties to the agreement;\nthe date on which the agreement was entered into;\nthe marine park, or the part of the marine park, to which the agreement applies;\nthe activity authorised under the agreement.\n(sec.85-ssec.1) A person acting under a commercial activity agreement must— have the following available for inspection— for a person who is a party to the agreement—the agreement, a copy of the agreement or a copy of the relevant details for the agreement; for a person who is not a party to the agreement—a copy of the agreement, or a copy of the relevant details for the agreement, endorsed by a party to the agreement with that person’s name and residential address; and if asked by an inspector, produce the agreement or copy for inspection by the inspector, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.85-ssec.2) In this section— relevant details , for a commercial activity agreement, means the details needed to identify the following matters— the names of the parties to the agreement; the date on which the agreement was entered into; the marine park, or the part of the marine park, to which the agreement applies; the activity authorised under the agreement.\n- (a) have the following available for inspection— (i) for a person who is a party to the agreement—the agreement, a copy of the agreement or a copy of the relevant details for the agreement; (ii) for a person who is not a party to the agreement—a copy of the agreement, or a copy of the relevant details for the agreement, endorsed by a party to the agreement with that person’s name and residential address; and\n- (i) for a person who is a party to the agreement—the agreement, a copy of the agreement or a copy of the relevant details for the agreement;\n- (ii) for a person who is not a party to the agreement—a copy of the agreement, or a copy of the relevant details for the agreement, endorsed by a party to the agreement with that person’s name and residential address; and\n- (b) if asked by an inspector, produce the agreement or copy for inspection by the inspector, unless the person has a reasonable excuse.\n- (i) for a person who is a party to the agreement—the agreement, a copy of the agreement or a copy of the relevant details for the agreement;\n- (ii) for a person who is not a party to the agreement—a copy of the agreement, or a copy of the relevant details for the agreement, endorsed by a party to the agreement with that person’s name and residential address; and\n- (a) the names of the parties to the agreement;\n- (b) the date on which the agreement was entered into;\n- (c) the marine park, or the part of the marine park, to which the agreement applies;\n- (d) the activity authorised under the agreement.","sortOrder":102},{"sectionNumber":"pt.5","sectionType":"part","heading":"Accreditations","content":"# Accreditations","sortOrder":103},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Accreditation of external authority as corresponding authority","content":"## Accreditation of external authority as corresponding authority","sortOrder":104},{"sectionNumber":"sec.86","sectionType":"section","heading":"Accreditation of external authority","content":"### sec.86 Accreditation of external authority\n\nSubject to section 87 , the chief executive may, by gazette notice, accredit an external authority as a corresponding authority for a marine park or a part of a marine park.\nThe notice must state—\nthe external authority is accredited as a corresponding authority for the marine park or part; and\nthe corresponding authority is an authority for the purposes of the Act .\n(sec.86-ssec.1) Subject to section 87 , the chief executive may, by gazette notice, accredit an external authority as a corresponding authority for a marine park or a part of a marine park.\n(sec.86-ssec.2) The notice must state— the external authority is accredited as a corresponding authority for the marine park or part; and the corresponding authority is an authority for the purposes of the Act .\n- (a) the external authority is accredited as a corresponding authority for the marine park or part; and\n- (b) the corresponding authority is an authority for the purposes of the Act .","sortOrder":105},{"sectionNumber":"sec.87","sectionType":"section","heading":"Limitations on accreditation of external authority","content":"### sec.87 Limitations on accreditation of external authority\n\nThe chief executive can not accredit an external authority as a corresponding authority for a marine park, or a part of a marine park, if the authority—\nauthorises a person to enter or use the marine park or part for a prohibited purpose for the marine park or part; or\nauthorises an activity to be conducted in a zone or designated area that is inconsistent with the objects to be achieved for the zone or area.\nThe chief executive may accredit an external authority as a corresponding authority for a marine park, or a part of a marine park, only if the chief executive is satisfied the process for issuing the external authority to a person includes consideration of the person’s ability to conduct activities under the external authority in a competent and ethical way.\nDespite subsection (2) , the chief executive may accredit an external authority held by a particular person as a corresponding authority for a marine park, or a part of a marine park, if the chief executive is satisfied the person would, if the person applied under part 3 for a permission for conducting the activity authorised under the external authority in the marine park or part, be a suitable person to hold the permission.\n(sec.87-ssec.1) The chief executive can not accredit an external authority as a corresponding authority for a marine park, or a part of a marine park, if the authority— authorises a person to enter or use the marine park or part for a prohibited purpose for the marine park or part; or authorises an activity to be conducted in a zone or designated area that is inconsistent with the objects to be achieved for the zone or area.\n(sec.87-ssec.2) The chief executive may accredit an external authority as a corresponding authority for a marine park, or a part of a marine park, only if the chief executive is satisfied the process for issuing the external authority to a person includes consideration of the person’s ability to conduct activities under the external authority in a competent and ethical way.\n(sec.87-ssec.3) Despite subsection (2) , the chief executive may accredit an external authority held by a particular person as a corresponding authority for a marine park, or a part of a marine park, if the chief executive is satisfied the person would, if the person applied under part 3 for a permission for conducting the activity authorised under the external authority in the marine park or part, be a suitable person to hold the permission.\n- (a) authorises a person to enter or use the marine park or part for a prohibited purpose for the marine park or part; or\n- (b) authorises an activity to be conducted in a zone or designated area that is inconsistent with the objects to be achieved for the zone or area.","sortOrder":106},{"sectionNumber":"sec.88","sectionType":"section","heading":"Notice of accreditation to be available on website","content":"### sec.88 Notice of accreditation to be available on website\n\nThe chief executive must make a copy of the gazette notice accrediting an external authority as a corresponding authority available for inspection by the public on the department’s website.","sortOrder":107},{"sectionNumber":"sec.89","sectionType":"section","heading":"Amendment of accreditation of external authority","content":"### sec.89 Amendment of accreditation of external authority\n\nThe chief executive may, by gazette notice, amend an accreditation of an external authority as a corresponding authority for a marine park, or a part of a marine park, to change—\nthe part of the marine park to which the accreditation applies; or\nthe purpose for entry or use of the marine park or part.\nHowever, the chief executive may amend the accreditation only if the chief executive reasonably believes the amendment is necessary—\nin the interests of managing the marine park; or\nbecause the arrangements applying to the entry or use of the marine park or part under the external authority are not adequate, or are not being adequately implemented or followed.\nThe notice must state 1 or both of the following—\nif the part of the marine park is amended—the part of the marine park for which the external authority will be accredited as a corresponding authority after the amendment;\nif the purpose for entry or use is amended—the purpose for entry or use of the marine park or part after the amendment.\n(sec.89-ssec.1) The chief executive may, by gazette notice, amend an accreditation of an external authority as a corresponding authority for a marine park, or a part of a marine park, to change— the part of the marine park to which the accreditation applies; or the purpose for entry or use of the marine park or part.\n(sec.89-ssec.2) However, the chief executive may amend the accreditation only if the chief executive reasonably believes the amendment is necessary— in the interests of managing the marine park; or because the arrangements applying to the entry or use of the marine park or part under the external authority are not adequate, or are not being adequately implemented or followed.\n(sec.89-ssec.3) The notice must state 1 or both of the following— if the part of the marine park is amended—the part of the marine park for which the external authority will be accredited as a corresponding authority after the amendment; if the purpose for entry or use is amended—the purpose for entry or use of the marine park or part after the amendment.\n- (a) the part of the marine park to which the accreditation applies; or\n- (b) the purpose for entry or use of the marine park or part.\n- (a) in the interests of managing the marine park; or\n- (b) because the arrangements applying to the entry or use of the marine park or part under the external authority are not adequate, or are not being adequately implemented or followed.\n- (a) if the part of the marine park is amended—the part of the marine park for which the external authority will be accredited as a corresponding authority after the amendment;\n- (b) if the purpose for entry or use is amended—the purpose for entry or use of the marine park or part after the amendment.","sortOrder":108},{"sectionNumber":"sec.90","sectionType":"section","heading":"Cancellation of accreditation of external authority","content":"### sec.90 Cancellation of accreditation of external authority\n\nThe chief executive may, by gazette notice, cancel an accreditation of an external authority as a corresponding authority for a marine park, or a part of a marine park, if—\nthe purpose for which the entry or use of the marine park or part is authorised by the external authority becomes a prohibited purpose for the marine park or part; or\nthe chief executive is satisfied—\nthe accreditation of the external authority is no longer desirable in the interests of managing the marine park or part; or\nthe arrangements applying to the entry or use of the marine park or part under the external authority are no longer adequate, or are not being adequately implemented or followed.\nThe notice must state the external authority is no longer accredited as a corresponding authority for the marine park or part.\n(sec.90-ssec.1) The chief executive may, by gazette notice, cancel an accreditation of an external authority as a corresponding authority for a marine park, or a part of a marine park, if— the purpose for which the entry or use of the marine park or part is authorised by the external authority becomes a prohibited purpose for the marine park or part; or the chief executive is satisfied— the accreditation of the external authority is no longer desirable in the interests of managing the marine park or part; or the arrangements applying to the entry or use of the marine park or part under the external authority are no longer adequate, or are not being adequately implemented or followed.\n(sec.90-ssec.2) The notice must state the external authority is no longer accredited as a corresponding authority for the marine park or part.\n- (a) the purpose for which the entry or use of the marine park or part is authorised by the external authority becomes a prohibited purpose for the marine park or part; or\n- (b) the chief executive is satisfied— (i) the accreditation of the external authority is no longer desirable in the interests of managing the marine park or part; or (ii) the arrangements applying to the entry or use of the marine park or part under the external authority are no longer adequate, or are not being adequately implemented or followed.\n- (i) the accreditation of the external authority is no longer desirable in the interests of managing the marine park or part; or\n- (ii) the arrangements applying to the entry or use of the marine park or part under the external authority are no longer adequate, or are not being adequately implemented or followed.\n- (i) the accreditation of the external authority is no longer desirable in the interests of managing the marine park or part; or\n- (ii) the arrangements applying to the entry or use of the marine park or part under the external authority are no longer adequate, or are not being adequately implemented or followed.","sortOrder":109},{"sectionNumber":"sec.91","sectionType":"section","heading":"Review of accreditation of external authority","content":"### sec.91 Review of accreditation of external authority\n\nThis section applies if—\nthe chief executive has accredited, under this division, an external authority as a corresponding authority for a marine park or a part of a marine park; and\na new zoning plan applying to the marine park is made.\nThe chief executive must, within 1 year after the new zoning plan is made, review the accreditation to assess whether, having regard to the matters mentioned in section 87 , the external authority should still be accredited as a corresponding authority for the marine park or part.\nAfter reviewing the accreditation, the chief executive must do 1 of the following—\nleave the accreditation unchanged;\nreplace the accreditation with a new accreditation;\namend the accreditation;\ncancel the accreditation.\n(sec.91-ssec.1) This section applies if— the chief executive has accredited, under this division, an external authority as a corresponding authority for a marine park or a part of a marine park; and a new zoning plan applying to the marine park is made.\n(sec.91-ssec.2) The chief executive must, within 1 year after the new zoning plan is made, review the accreditation to assess whether, having regard to the matters mentioned in section 87 , the external authority should still be accredited as a corresponding authority for the marine park or part.\n(sec.91-ssec.3) After reviewing the accreditation, the chief executive must do 1 of the following— leave the accreditation unchanged; replace the accreditation with a new accreditation; amend the accreditation; cancel the accreditation.\n- (a) the chief executive has accredited, under this division, an external authority as a corresponding authority for a marine park or a part of a marine park; and\n- (b) a new zoning plan applying to the marine park is made.\n- (a) leave the accreditation unchanged;\n- (b) replace the accreditation with a new accreditation;\n- (c) amend the accreditation;\n- (d) cancel the accreditation.","sortOrder":110},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Accreditation of external instrument as accredited instrument","content":"## Accreditation of external instrument as accredited instrument","sortOrder":111},{"sectionNumber":"sec.92","sectionType":"section","heading":"Accreditation of external instrument","content":"### sec.92 Accreditation of external instrument\n\nThis section applies to an external instrument that provides for how a particular activity should be conducted by a person in a marine park.\nSubject to section 93 , the chief executive may, by gazette notice, accredit the instrument for a marine park or a part of a marine park.\nThe notice must state—\nthe instrument is an accredited instrument for the marine park or part; and\nthat a person may, without an authority, enter or use the marine park or part for the activity to which the instrument applies if—\nthe person complies with the requirements, in whatever form and however called, stated in the instrument; and\nif the instrument only applies to persons who hold a licence, permit or other authority issued or given under another law of the State or a law of the Commonwealth or another State, the person—\nholds the licence, permit or authority; and\ncomplies with the requirements of the licence, permit or authority and any other applicable requirements under the law under which the licence, permit or authority was issued or given.\n(sec.92-ssec.1) This section applies to an external instrument that provides for how a particular activity should be conducted by a person in a marine park.\n(sec.92-ssec.2) Subject to section 93 , the chief executive may, by gazette notice, accredit the instrument for a marine park or a part of a marine park.\n(sec.92-ssec.3) The notice must state— the instrument is an accredited instrument for the marine park or part; and that a person may, without an authority, enter or use the marine park or part for the activity to which the instrument applies if— the person complies with the requirements, in whatever form and however called, stated in the instrument; and if the instrument only applies to persons who hold a licence, permit or other authority issued or given under another law of the State or a law of the Commonwealth or another State, the person— holds the licence, permit or authority; and complies with the requirements of the licence, permit or authority and any other applicable requirements under the law under which the licence, permit or authority was issued or given.\n- (a) the instrument is an accredited instrument for the marine park or part; and\n- (b) that a person may, without an authority, enter or use the marine park or part for the activity to which the instrument applies if— (i) the person complies with the requirements, in whatever form and however called, stated in the instrument; and (ii) if the instrument only applies to persons who hold a licence, permit or other authority issued or given under another law of the State or a law of the Commonwealth or another State, the person— (A) holds the licence, permit or authority; and (B) complies with the requirements of the licence, permit or authority and any other applicable requirements under the law under which the licence, permit or authority was issued or given.\n- (i) the person complies with the requirements, in whatever form and however called, stated in the instrument; and\n- (ii) if the instrument only applies to persons who hold a licence, permit or other authority issued or given under another law of the State or a law of the Commonwealth or another State, the person— (A) holds the licence, permit or authority; and (B) complies with the requirements of the licence, permit or authority and any other applicable requirements under the law under which the licence, permit or authority was issued or given.\n- (A) holds the licence, permit or authority; and\n- (B) complies with the requirements of the licence, permit or authority and any other applicable requirements under the law under which the licence, permit or authority was issued or given.\n- (i) the person complies with the requirements, in whatever form and however called, stated in the instrument; and\n- (ii) if the instrument only applies to persons who hold a licence, permit or other authority issued or given under another law of the State or a law of the Commonwealth or another State, the person— (A) holds the licence, permit or authority; and (B) complies with the requirements of the licence, permit or authority and any other applicable requirements under the law under which the licence, permit or authority was issued or given.\n- (A) holds the licence, permit or authority; and\n- (B) complies with the requirements of the licence, permit or authority and any other applicable requirements under the law under which the licence, permit or authority was issued or given.\n- (A) holds the licence, permit or authority; and\n- (B) complies with the requirements of the licence, permit or authority and any other applicable requirements under the law under which the licence, permit or authority was issued or given.","sortOrder":112},{"sectionNumber":"sec.93","sectionType":"section","heading":"Limitation on accreditation of external instrument","content":"### sec.93 Limitation on accreditation of external instrument\n\nThe chief executive may accredit an external instrument for a marine park, or a part of a marine park, only if the chief executive—\nhas had regard to—\nthe management arrangements for the entry or use of the marine park or part under the instrument; and\nany other relevant matters; and\na matter the chief executive must have regard to in considering an application for a permission for the marine park or part\nfor a zoned marine park—is satisfied the accreditation is consistent with the zoning plan for the park.\n- (a) has had regard to— (i) the management arrangements for the entry or use of the marine park or part under the instrument; and (ii) any other relevant matters; and Example of a relevant matter— a matter the chief executive must have regard to in considering an application for a permission for the marine park or part\n- (i) the management arrangements for the entry or use of the marine park or part under the instrument; and\n- (ii) any other relevant matters; and Example of a relevant matter— a matter the chief executive must have regard to in considering an application for a permission for the marine park or part\n- (b) for a zoned marine park—is satisfied the accreditation is consistent with the zoning plan for the park.\n- (i) the management arrangements for the entry or use of the marine park or part under the instrument; and\n- (ii) any other relevant matters; and Example of a relevant matter— a matter the chief executive must have regard to in considering an application for a permission for the marine park or part","sortOrder":113},{"sectionNumber":"sec.94","sectionType":"section","heading":"Notice of accreditation and accredited instrument to be available on website","content":"### sec.94 Notice of accreditation and accredited instrument to be available on website\n\nThe chief executive must make a copy of the gazette notice accrediting an external instrument and of the accredited instrument available for inspection by the public on the department’s website.","sortOrder":114},{"sectionNumber":"sec.95","sectionType":"section","heading":"Amendment of accreditation of external instrument","content":"### sec.95 Amendment of accreditation of external instrument\n\nThe chief executive may, by gazette notice, amend an accreditation of an external instrument for a marine park or a part of a marine park to change the part of the marine park to which the accreditation applies.\nHowever, the chief executive may amend the accreditation only if the chief executive reasonably believes the amendment is necessary—\nin the interests of managing the marine park; or\nbecause the arrangements applying to the entry or use of the marine park or part under the accredited instrument are not adequate, or are not being adequately implemented or followed.\nThe notice must state the part of the marine park for which the instrument will be an accredited instrument after the amendment.\n(sec.95-ssec.1) The chief executive may, by gazette notice, amend an accreditation of an external instrument for a marine park or a part of a marine park to change the part of the marine park to which the accreditation applies.\n(sec.95-ssec.2) However, the chief executive may amend the accreditation only if the chief executive reasonably believes the amendment is necessary— in the interests of managing the marine park; or because the arrangements applying to the entry or use of the marine park or part under the accredited instrument are not adequate, or are not being adequately implemented or followed.\n(sec.95-ssec.3) The notice must state the part of the marine park for which the instrument will be an accredited instrument after the amendment.\n- (a) in the interests of managing the marine park; or\n- (b) because the arrangements applying to the entry or use of the marine park or part under the accredited instrument are not adequate, or are not being adequately implemented or followed.","sortOrder":115},{"sectionNumber":"sec.96","sectionType":"section","heading":"Cancellation of accreditation of external instrument","content":"### sec.96 Cancellation of accreditation of external instrument\n\nThe chief executive may, by gazette notice, cancel an accreditation of an external instrument for a marine park or a part of a marine park if the chief executive is satisfied—\nthe accreditation of the instrument is no longer desirable in the interests of managing the marine park or part; or\nthe arrangements applying to the entry or use of the marine park or part under the accredited instrument are not adequate, or are not being adequately implemented or followed.\nThe notice must state the instrument is no longer an accredited instrument for the marine park or part.\n(sec.96-ssec.1) The chief executive may, by gazette notice, cancel an accreditation of an external instrument for a marine park or a part of a marine park if the chief executive is satisfied— the accreditation of the instrument is no longer desirable in the interests of managing the marine park or part; or the arrangements applying to the entry or use of the marine park or part under the accredited instrument are not adequate, or are not being adequately implemented or followed.\n(sec.96-ssec.2) The notice must state the instrument is no longer an accredited instrument for the marine park or part.\n- (a) the accreditation of the instrument is no longer desirable in the interests of managing the marine park or part; or\n- (b) the arrangements applying to the entry or use of the marine park or part under the accredited instrument are not adequate, or are not being adequately implemented or followed.","sortOrder":116},{"sectionNumber":"sec.97","sectionType":"section","heading":"Review of accreditation of external instrument","content":"### sec.97 Review of accreditation of external instrument\n\nThis section applies if—\nthe chief executive has accredited, under this division, an external instrument for a marine park or a part of a marine park; and\na new zoning plan applying to the marine park is made.\nThe chief executive must, within 1 year after the new zoning plan is made, review the accreditation to assess whether, having regard to the matters mentioned in section 93 , the external instrument should still be accredited for the marine park or part.\nAfter reviewing the accreditation, the chief executive must do 1 of the following—\nleave the accreditation unchanged;\nreplace the accreditation with a new accreditation;\namend the accreditation;\ncancel the accreditation.\n(sec.97-ssec.1) This section applies if— the chief executive has accredited, under this division, an external instrument for a marine park or a part of a marine park; and a new zoning plan applying to the marine park is made.\n(sec.97-ssec.2) The chief executive must, within 1 year after the new zoning plan is made, review the accreditation to assess whether, having regard to the matters mentioned in section 93 , the external instrument should still be accredited for the marine park or part.\n(sec.97-ssec.3) After reviewing the accreditation, the chief executive must do 1 of the following— leave the accreditation unchanged; replace the accreditation with a new accreditation; amend the accreditation; cancel the accreditation.\n- (a) the chief executive has accredited, under this division, an external instrument for a marine park or a part of a marine park; and\n- (b) a new zoning plan applying to the marine park is made.\n- (a) leave the accreditation unchanged;\n- (b) replace the accreditation with a new accreditation;\n- (c) amend the accreditation;\n- (d) cancel the accreditation.","sortOrder":117},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Accreditation of educational or research institution","content":"## Accreditation of educational or research institution","sortOrder":118},{"sectionNumber":"sec.98","sectionType":"section","heading":"Accreditation of educational or research institution","content":"### sec.98 Accreditation of educational or research institution\n\nThe chief executive may, by gazette notice, accredit an educational institution or a research institution—\nto carry out in a marine park or a part of a marine park—\nlimited impact research (extractive); or\nlimited impact research (non-extractive); or\nto conduct a limited educational program in a marine park or a part of a marine park.\nThe notice must state that the institution is an accredited educational institution or accredited research institution for the marine park or the part of a marine park to which the accreditation applies.\nIn this section—\neducational program means the provision, whether as a single act or a series of acts, of transport, accommodation or services for a group of 6 or more persons, none of whom is a tourist, principally for the purpose of systematically educating those persons.\nfishing or collecting means the taking of an animal, plant or other marine resource.\nlimited educational program means an educational program not involving fishing or collecting.\nlimited impact research (extractive) —\nLimited impact research (extractive) is research that is a component of—\nan educational program; or\na project carried out for the purposes of research.\nResearch involving either or both of the following is also limited impact research (extractive) —\nfishing or collecting by limited research sampling;\nthe installation or operation of minor research aids that do not pose a threat to safety or navigation.\nlimited impact research (non-extractive) —\nLimited impact research (non-extractive) is research not involving fishing or collecting.\nSubject to paragraph 1, limited impact research (non-extractive) includes the following—\nvisual surveys, other than visual surveys of cetaceans;\nresearch not involving an activity that would, if it were not part of a research activity, require a permission;\nsocial research not involving the conduct of archaeological excavations.\nlimited research sampling means taking samples of marine resources only for purposes of research.\n(sec.98-ssec.1) The chief executive may, by gazette notice, accredit an educational institution or a research institution— to carry out in a marine park or a part of a marine park— limited impact research (extractive); or limited impact research (non-extractive); or to conduct a limited educational program in a marine park or a part of a marine park.\n(sec.98-ssec.2) The notice must state that the institution is an accredited educational institution or accredited research institution for the marine park or the part of a marine park to which the accreditation applies.\n(sec.98-ssec.3) In this section— educational program means the provision, whether as a single act or a series of acts, of transport, accommodation or services for a group of 6 or more persons, none of whom is a tourist, principally for the purpose of systematically educating those persons. fishing or collecting means the taking of an animal, plant or other marine resource. limited educational program means an educational program not involving fishing or collecting. limited impact research (extractive) — Limited impact research (extractive) is research that is a component of— an educational program; or a project carried out for the purposes of research. Research involving either or both of the following is also limited impact research (extractive) — fishing or collecting by limited research sampling; the installation or operation of minor research aids that do not pose a threat to safety or navigation. limited impact research (non-extractive) — Limited impact research (non-extractive) is research not involving fishing or collecting. Subject to paragraph 1, limited impact research (non-extractive) includes the following— visual surveys, other than visual surveys of cetaceans; research not involving an activity that would, if it were not part of a research activity, require a permission; social research not involving the conduct of archaeological excavations. limited research sampling means taking samples of marine resources only for purposes of research.\n- (a) to carry out in a marine park or a part of a marine park— (i) limited impact research (extractive); or (ii) limited impact research (non-extractive); or\n- (i) limited impact research (extractive); or\n- (ii) limited impact research (non-extractive); or\n- (b) to conduct a limited educational program in a marine park or a part of a marine park.\n- (i) limited impact research (extractive); or\n- (ii) limited impact research (non-extractive); or\n- 1 Limited impact research (extractive) is research that is a component of— (a) an educational program; or (b) a project carried out for the purposes of research.\n- (a) an educational program; or\n- (b) a project carried out for the purposes of research.\n- 2 Research involving either or both of the following is also limited impact research (extractive) — (a) fishing or collecting by limited research sampling; (b) the installation or operation of minor research aids that do not pose a threat to safety or navigation.\n- (a) fishing or collecting by limited research sampling;\n- (b) the installation or operation of minor research aids that do not pose a threat to safety or navigation.\n- (a) an educational program; or\n- (b) a project carried out for the purposes of research.\n- (a) fishing or collecting by limited research sampling;\n- (b) the installation or operation of minor research aids that do not pose a threat to safety or navigation.\n- 1 Limited impact research (non-extractive) is research not involving fishing or collecting.\n- 2 Subject to paragraph 1, limited impact research (non-extractive) includes the following— (a) visual surveys, other than visual surveys of cetaceans; (b) research not involving an activity that would, if it were not part of a research activity, require a permission; (c) social research not involving the conduct of archaeological excavations.\n- (a) visual surveys, other than visual surveys of cetaceans;\n- (b) research not involving an activity that would, if it were not part of a research activity, require a permission;\n- (c) social research not involving the conduct of archaeological excavations.\n- (a) visual surveys, other than visual surveys of cetaceans;\n- (b) research not involving an activity that would, if it were not part of a research activity, require a permission;\n- (c) social research not involving the conduct of archaeological excavations.","sortOrder":119},{"sectionNumber":"sec.99","sectionType":"section","heading":"Limitation on accreditation of educational or research institution","content":"### sec.99 Limitation on accreditation of educational or research institution\n\nThe chief executive may accredit an educational institution or research institution for a marine park, or a part of a marine park, only if the chief executive is satisfied the institution—\nhas adopted appropriate environmental practices and standards, including, for example, providing instructions for, and training, its personnel for the activities the institution intends to carry out in the marine park or part; and\nhas an ongoing commitment to improve the environmental practices and standards.\n- (a) has adopted appropriate environmental practices and standards, including, for example, providing instructions for, and training, its personnel for the activities the institution intends to carry out in the marine park or part; and\n- (b) has an ongoing commitment to improve the environmental practices and standards.","sortOrder":120},{"sectionNumber":"sec.100","sectionType":"section","heading":"Notice of accreditation to be available on website","content":"### sec.100 Notice of accreditation to be available on website\n\nThe chief executive must make a copy of the gazette notice accrediting an educational institution or research institution available for inspection by the public on the department’s website.","sortOrder":121},{"sectionNumber":"sec.101","sectionType":"section","heading":"Cancellation of accreditation of educational or research institution","content":"### sec.101 Cancellation of accreditation of educational or research institution\n\nThe chief executive may, by gazette notice, cancel an accreditation of an educational institution or research institution for a marine park, or a part of a marine park, if the chief executive is satisfied—\nthe institution’s environmental practices and standards are no longer appropriate for the activities it carries out in the marine park or part; or\nthe institution no longer has an ongoing commitment to improve its environmental practices and standards for activities it carries out in the marine park or part.\nThe notice must state the institution is no longer an accredited educational institution or accredited research institution for the marine park or part.\n(sec.101-ssec.1) The chief executive may, by gazette notice, cancel an accreditation of an educational institution or research institution for a marine park, or a part of a marine park, if the chief executive is satisfied— the institution’s environmental practices and standards are no longer appropriate for the activities it carries out in the marine park or part; or the institution no longer has an ongoing commitment to improve its environmental practices and standards for activities it carries out in the marine park or part.\n(sec.101-ssec.2) The notice must state the institution is no longer an accredited educational institution or accredited research institution for the marine park or part.\n- (a) the institution’s environmental practices and standards are no longer appropriate for the activities it carries out in the marine park or part; or\n- (b) the institution no longer has an ongoing commitment to improve its environmental practices and standards for activities it carries out in the marine park or part.","sortOrder":122},{"sectionNumber":"sec.102","sectionType":"section","heading":"Review of accreditation of educational or research institution","content":"### sec.102 Review of accreditation of educational or research institution\n\nThis section applies if—\nthe chief executive has accredited, under this division, an educational institution or a research institution for a marine park or a part of a marine park; and\na new zoning plan applying to the marine park is made.\nThe chief executive must, within 1 year after the new zoning plan is made, review the accreditation to assess whether, having regard to the matters mentioned in section 99 , the educational institution or research institution should still be an accredited educational institution or accredited research institution for the marine park or part.\nAfter reviewing the accreditation, the chief executive must do 1 of the following—\nleave the accreditation unchanged;\nreplace the accreditation with a new accreditation;\namend the accreditation;\ncancel the accreditation.\n(sec.102-ssec.1) This section applies if— the chief executive has accredited, under this division, an educational institution or a research institution for a marine park or a part of a marine park; and a new zoning plan applying to the marine park is made.\n(sec.102-ssec.2) The chief executive must, within 1 year after the new zoning plan is made, review the accreditation to assess whether, having regard to the matters mentioned in section 99 , the educational institution or research institution should still be an accredited educational institution or accredited research institution for the marine park or part.\n(sec.102-ssec.3) After reviewing the accreditation, the chief executive must do 1 of the following— leave the accreditation unchanged; replace the accreditation with a new accreditation; amend the accreditation; cancel the accreditation.\n- (a) the chief executive has accredited, under this division, an educational institution or a research institution for a marine park or a part of a marine park; and\n- (b) a new zoning plan applying to the marine park is made.\n- (a) leave the accreditation unchanged;\n- (b) replace the accreditation with a new accreditation;\n- (c) amend the accreditation;\n- (d) cancel the accreditation.","sortOrder":123},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Accreditation of harvest fishery","content":"## Accreditation of harvest fishery","sortOrder":124},{"sectionNumber":"sec.103","sectionType":"section","heading":"Accreditation of harvest fishery","content":"### sec.103 Accreditation of harvest fishery\n\nThe chief executive may, by gazette notice, accredit a harvest fishery for a marine park or a part of a marine park.\nThe notice must state the harvest fishery is an accredited harvest fishery for the marine park or the part of a marine park to which the accreditation applies.\n(sec.103-ssec.1) The chief executive may, by gazette notice, accredit a harvest fishery for a marine park or a part of a marine park.\n(sec.103-ssec.2) The notice must state the harvest fishery is an accredited harvest fishery for the marine park or the part of a marine park to which the accreditation applies.","sortOrder":125},{"sectionNumber":"sec.104","sectionType":"section","heading":"Limitation on accreditation of harvest fishery","content":"### sec.104 Limitation on accreditation of harvest fishery\n\nThe chief executive may accredit a harvest fishery for a marine park, or a part of a marine park, only if the chief executive is satisfied the accreditation of the fishery is desirable in the interests of managing the marine park or part, having regard to—\nthe management arrangements for the fishery under the Fisheries Act 1994 ; and\nany other relevant matters.\n- (a) the management arrangements for the fishery under the Fisheries Act 1994 ; and\n- (b) any other relevant matters.","sortOrder":126},{"sectionNumber":"sec.105","sectionType":"section","heading":"Notice of accreditation to be available on website","content":"### sec.105 Notice of accreditation to be available on website\n\nThe chief executive must make a copy of the gazette notice accrediting a harvest fishery for a marine park, or a part of a marine park, available for inspection by the public on the department’s website.","sortOrder":127},{"sectionNumber":"sec.106","sectionType":"section","heading":"Amendment of accreditation of harvest fishery","content":"### sec.106 Amendment of accreditation of harvest fishery\n\nThe chief executive may, by gazette notice, amend an accreditation of a harvest fishery for a marine park, or a part of a marine park, to change the part of the marine park to which the accreditation applies.\nHowever, the chief executive may amend the accreditation only if the chief executive reasonably believes the amendment is necessary—\nin the interests of managing the marine park; or\nbecause the management arrangements that apply for the fishery under the Fisheries Act 1994 and that apply to the activities carried out under the accreditation are not adequate, or are not being adequately implemented or followed.\nThe notice must state the part of the marine park for which the harvest fishery will be an accredited fishery after the amendment.\n(sec.106-ssec.1) The chief executive may, by gazette notice, amend an accreditation of a harvest fishery for a marine park, or a part of a marine park, to change the part of the marine park to which the accreditation applies.\n(sec.106-ssec.2) However, the chief executive may amend the accreditation only if the chief executive reasonably believes the amendment is necessary— in the interests of managing the marine park; or because the management arrangements that apply for the fishery under the Fisheries Act 1994 and that apply to the activities carried out under the accreditation are not adequate, or are not being adequately implemented or followed.\n(sec.106-ssec.3) The notice must state the part of the marine park for which the harvest fishery will be an accredited fishery after the amendment.\n- (a) in the interests of managing the marine park; or\n- (b) because the management arrangements that apply for the fishery under the Fisheries Act 1994 and that apply to the activities carried out under the accreditation are not adequate, or are not being adequately implemented or followed.","sortOrder":128},{"sectionNumber":"sec.107","sectionType":"section","heading":"Cancellation of accreditation of harvest fishery","content":"### sec.107 Cancellation of accreditation of harvest fishery\n\nThe chief executive may, by gazette notice, cancel the accreditation of a harvest fishery for a marine park, or a part of a marine park, if the chief executive is satisfied—\nthe management arrangements that apply for the fishery under the Fisheries Act 1994 no longer provide a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the marine park or part; or\nthe accreditation is no longer in the interests of managing the marine park or part, having regard to any relevant matters.\nThe notice must state the harvest fishery is no longer an accredited harvest fishery for the marine park or part.\n(sec.107-ssec.1) The chief executive may, by gazette notice, cancel the accreditation of a harvest fishery for a marine park, or a part of a marine park, if the chief executive is satisfied— the management arrangements that apply for the fishery under the Fisheries Act 1994 no longer provide a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the marine park or part; or the accreditation is no longer in the interests of managing the marine park or part, having regard to any relevant matters.\n(sec.107-ssec.2) The notice must state the harvest fishery is no longer an accredited harvest fishery for the marine park or part.\n- (a) the management arrangements that apply for the fishery under the Fisheries Act 1994 no longer provide a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the marine park or part; or\n- (b) the accreditation is no longer in the interests of managing the marine park or part, having regard to any relevant matters.","sortOrder":129},{"sectionNumber":"sec.108","sectionType":"section","heading":"Review of accreditation of harvest fishery","content":"### sec.108 Review of accreditation of harvest fishery\n\nThis section applies if—\nthe chief executive has accredited, under this division, a harvest fishery for a marine park or a part of a marine park; and\na new zoning plan applying to the marine park is made.\nThe chief executive must, within 1 year after the new zoning plan is made, review the accreditation to assess whether, having regard to the matters mentioned in section 104 , the harvest fishery should still be an accredited harvest fishery for the marine park or part.\nAfter reviewing the accreditation, the chief executive must do 1 of the following—\nleave the accreditation unchanged;\nreplace the accreditation with a new accreditation;\namend the accreditation;\ncancel the accreditation.\n(sec.108-ssec.1) This section applies if— the chief executive has accredited, under this division, a harvest fishery for a marine park or a part of a marine park; and a new zoning plan applying to the marine park is made.\n(sec.108-ssec.2) The chief executive must, within 1 year after the new zoning plan is made, review the accreditation to assess whether, having regard to the matters mentioned in section 104 , the harvest fishery should still be an accredited harvest fishery for the marine park or part.\n(sec.108-ssec.3) After reviewing the accreditation, the chief executive must do 1 of the following— leave the accreditation unchanged; replace the accreditation with a new accreditation; amend the accreditation; cancel the accreditation.\n- (a) the chief executive has accredited, under this division, a harvest fishery for a marine park or a part of a marine park; and\n- (b) a new zoning plan applying to the marine park is made.\n- (a) leave the accreditation unchanged;\n- (b) replace the accreditation with a new accreditation;\n- (c) amend the accreditation;\n- (d) cancel the accreditation.","sortOrder":130},{"sectionNumber":"pt.5-div.5","sectionType":"division","heading":"Accreditation of authorisation process or management arrangement for an activity","content":"## Accreditation of authorisation process or management arrangement for an activity","sortOrder":131},{"sectionNumber":"sec.109","sectionType":"section","heading":"Accreditation of authorisation process or management arrangement","content":"### sec.109 Accreditation of authorisation process or management arrangement\n\nThe chief executive may, by gazette notice, accredit an authorisation process or management arrangement for an activity in a marine park or a part of a marine park on conditions decided by the chief executive under subsection (2) .\nThe chief executive may impose on an accreditation of an authorisation process or management arrangement for an activity in a marine park or a part of a marine park—\nconditions on which the process or arrangement is accredited; and\nthe conduct of a particular activity may be authorised under the process or arrangement only if it avoids or minimises adverse impacts on particular habitat in a marine park\nthe conduct of an activity in a particular part of a zoned marine park must not be authorised under the process or arrangement if the conduct of the activity is inconsistent with the objects for the part under a zoning plan\nconditions on the conduct of the activity in the marine park or part by a person under the process or arrangement.\na particular structure must not be erected or installed in a particular part of a marine park\nif a particular activity is authorised to be conducted in a marine park under the process or arrangement, the activity may be conducted in only a particular part of the marine park or only in particular circumstances\nThe notice must state—\nthe authorisation process or management arrangement has been accredited for the activity in the marine park or the part of a marine park; and\nthe conditions imposed by the chief executive under subsection (2) ; and\nthat a person may, without an authority, enter or use the marine park or part for the activity if the person—\nis authorised to conduct the activity under the process or arrangement; and\ncomplies with the conditions imposed by the chief executive on the conduct of the activity under the process or arrangement; and\nthat the accreditation does not authorise the person to carry out prohibited purposes in the marine park or part.\n(sec.109-ssec.1) The chief executive may, by gazette notice, accredit an authorisation process or management arrangement for an activity in a marine park or a part of a marine park on conditions decided by the chief executive under subsection (2) .\n(sec.109-ssec.2) The chief executive may impose on an accreditation of an authorisation process or management arrangement for an activity in a marine park or a part of a marine park— conditions on which the process or arrangement is accredited; and the conduct of a particular activity may be authorised under the process or arrangement only if it avoids or minimises adverse impacts on particular habitat in a marine park the conduct of an activity in a particular part of a zoned marine park must not be authorised under the process or arrangement if the conduct of the activity is inconsistent with the objects for the part under a zoning plan conditions on the conduct of the activity in the marine park or part by a person under the process or arrangement. a particular structure must not be erected or installed in a particular part of a marine park if a particular activity is authorised to be conducted in a marine park under the process or arrangement, the activity may be conducted in only a particular part of the marine park or only in particular circumstances\n(sec.109-ssec.3) The notice must state— the authorisation process or management arrangement has been accredited for the activity in the marine park or the part of a marine park; and the conditions imposed by the chief executive under subsection (2) ; and that a person may, without an authority, enter or use the marine park or part for the activity if the person— is authorised to conduct the activity under the process or arrangement; and complies with the conditions imposed by the chief executive on the conduct of the activity under the process or arrangement; and that the accreditation does not authorise the person to carry out prohibited purposes in the marine park or part.\n- (a) conditions on which the process or arrangement is accredited; and Examples of conditions for paragraph (a) — • the conduct of a particular activity may be authorised under the process or arrangement only if it avoids or minimises adverse impacts on particular habitat in a marine park • the conduct of an activity in a particular part of a zoned marine park must not be authorised under the process or arrangement if the conduct of the activity is inconsistent with the objects for the part under a zoning plan\n- • the conduct of a particular activity may be authorised under the process or arrangement only if it avoids or minimises adverse impacts on particular habitat in a marine park\n- • the conduct of an activity in a particular part of a zoned marine park must not be authorised under the process or arrangement if the conduct of the activity is inconsistent with the objects for the part under a zoning plan\n- (b) conditions on the conduct of the activity in the marine park or part by a person under the process or arrangement. Examples of conditions for paragraph (b) — • a particular structure must not be erected or installed in a particular part of a marine park • if a particular activity is authorised to be conducted in a marine park under the process or arrangement, the activity may be conducted in only a particular part of the marine park or only in particular circumstances\n- • a particular structure must not be erected or installed in a particular part of a marine park\n- • if a particular activity is authorised to be conducted in a marine park under the process or arrangement, the activity may be conducted in only a particular part of the marine park or only in particular circumstances\n- • the conduct of a particular activity may be authorised under the process or arrangement only if it avoids or minimises adverse impacts on particular habitat in a marine park\n- • the conduct of an activity in a particular part of a zoned marine park must not be authorised under the process or arrangement if the conduct of the activity is inconsistent with the objects for the part under a zoning plan\n- • a particular structure must not be erected or installed in a particular part of a marine park\n- • if a particular activity is authorised to be conducted in a marine park under the process or arrangement, the activity may be conducted in only a particular part of the marine park or only in particular circumstances\n- (a) the authorisation process or management arrangement has been accredited for the activity in the marine park or the part of a marine park; and\n- (b) the conditions imposed by the chief executive under subsection (2) ; and\n- (c) that a person may, without an authority, enter or use the marine park or part for the activity if the person— (i) is authorised to conduct the activity under the process or arrangement; and (ii) complies with the conditions imposed by the chief executive on the conduct of the activity under the process or arrangement; and\n- (i) is authorised to conduct the activity under the process or arrangement; and\n- (ii) complies with the conditions imposed by the chief executive on the conduct of the activity under the process or arrangement; and\n- (d) that the accreditation does not authorise the person to carry out prohibited purposes in the marine park or part.\n- (i) is authorised to conduct the activity under the process or arrangement; and\n- (ii) complies with the conditions imposed by the chief executive on the conduct of the activity under the process or arrangement; and","sortOrder":132},{"sectionNumber":"sec.110","sectionType":"section","heading":"Limitations on accreditation of authorisation process or management arrangement","content":"### sec.110 Limitations on accreditation of authorisation process or management arrangement\n\nThe chief executive may accredit an authorisation process or management arrangement for an activity in a marine park, or a part of a marine park, only if the chief executive is satisfied the accreditation of the process or arrangement is desirable in the interests of managing the marine park or part.\nAlso, the chief executive can not accredit an authorisation process or management arrangement for an activity in a marine park or a part of a marine park for which a permission can not be granted.\n(sec.110-ssec.1) The chief executive may accredit an authorisation process or management arrangement for an activity in a marine park, or a part of a marine park, only if the chief executive is satisfied the accreditation of the process or arrangement is desirable in the interests of managing the marine park or part.\n(sec.110-ssec.2) Also, the chief executive can not accredit an authorisation process or management arrangement for an activity in a marine park or a part of a marine park for which a permission can not be granted.","sortOrder":133},{"sectionNumber":"sec.111","sectionType":"section","heading":"Notice of accreditation of authorisation process or management arrangement to be available on website","content":"### sec.111 Notice of accreditation of authorisation process or management arrangement to be available on website\n\nThe chief executive must make a copy of the following available for inspection by the public on the department’s website—\nthe gazette notice accrediting an authorisation process or management arrangement for an activity;\neither—\nthe law setting out the authorisation process for the activity; or\nthe management arrangement for the activity.\n- (a) the gazette notice accrediting an authorisation process or management arrangement for an activity;\n- (b) either— (i) the law setting out the authorisation process for the activity; or (ii) the management arrangement for the activity.\n- (i) the law setting out the authorisation process for the activity; or\n- (ii) the management arrangement for the activity.\n- (i) the law setting out the authorisation process for the activity; or\n- (ii) the management arrangement for the activity.","sortOrder":134},{"sectionNumber":"sec.112","sectionType":"section","heading":"Amendment of accreditation of authorisation process or management arrangement","content":"### sec.112 Amendment of accreditation of authorisation process or management arrangement\n\nThe chief executive may, by gazette notice, amend an accreditation of an authorisation process or management arrangement for an activity in a marine park, or a part of a marine park, to change—\nthe part of the marine park to which the accreditation applies; or\nthe conditions to which the accreditation is subject.\nHowever, the chief executive may amend the accreditation only if the chief executive reasonably believes the amendment is necessary—\nin the interests of managing the marine park; or\nbecause—\nthe conditions to which the accreditation is subject are not adequate, or are not being adequately implemented or followed; or\nthe authorisation process or management arrangement applying to an activity in the marine park or part under the accreditation is not adequate, or is not being adequately implemented or followed.\nThe notice must state 1 or both of the following—\nif the part of the marine park is amended—the part of the marine park for which the authorisation process or management arrangement for the activity will be accredited after the amendment;\nif the conditions are amended—the conditions to which the accreditation is subject after the amendment.\n(sec.112-ssec.1) The chief executive may, by gazette notice, amend an accreditation of an authorisation process or management arrangement for an activity in a marine park, or a part of a marine park, to change— the part of the marine park to which the accreditation applies; or the conditions to which the accreditation is subject.\n(sec.112-ssec.2) However, the chief executive may amend the accreditation only if the chief executive reasonably believes the amendment is necessary— in the interests of managing the marine park; or because— the conditions to which the accreditation is subject are not adequate, or are not being adequately implemented or followed; or the authorisation process or management arrangement applying to an activity in the marine park or part under the accreditation is not adequate, or is not being adequately implemented or followed.\n(sec.112-ssec.3) The notice must state 1 or both of the following— if the part of the marine park is amended—the part of the marine park for which the authorisation process or management arrangement for the activity will be accredited after the amendment; if the conditions are amended—the conditions to which the accreditation is subject after the amendment.\n- (a) the part of the marine park to which the accreditation applies; or\n- (b) the conditions to which the accreditation is subject.\n- (a) in the interests of managing the marine park; or\n- (b) because— (i) the conditions to which the accreditation is subject are not adequate, or are not being adequately implemented or followed; or (ii) the authorisation process or management arrangement applying to an activity in the marine park or part under the accreditation is not adequate, or is not being adequately implemented or followed.\n- (i) the conditions to which the accreditation is subject are not adequate, or are not being adequately implemented or followed; or\n- (ii) the authorisation process or management arrangement applying to an activity in the marine park or part under the accreditation is not adequate, or is not being adequately implemented or followed.\n- (i) the conditions to which the accreditation is subject are not adequate, or are not being adequately implemented or followed; or\n- (ii) the authorisation process or management arrangement applying to an activity in the marine park or part under the accreditation is not adequate, or is not being adequately implemented or followed.\n- (a) if the part of the marine park is amended—the part of the marine park for which the authorisation process or management arrangement for the activity will be accredited after the amendment;\n- (b) if the conditions are amended—the conditions to which the accreditation is subject after the amendment.","sortOrder":135},{"sectionNumber":"sec.113","sectionType":"section","heading":"Cancellation of accreditation of authorisation process or management arrangement","content":"### sec.113 Cancellation of accreditation of authorisation process or management arrangement\n\nThe chief executive may, by gazette notice, cancel an accreditation of an authorisation process or management arrangement for an activity in a marine park or a part of a marine park if the chief executive is satisfied—\nthe accreditation is no longer desirable in the interests of managing the marine park or part; or\nthe authorisation process or management arrangement applying to an activity in the marine park or part under the accreditation is not adequate, or is not being adequately implemented or followed.\nThe notice must state the authorisation process or management arrangement for the activity in the marine park or part is no longer accredited.\n(sec.113-ssec.1) The chief executive may, by gazette notice, cancel an accreditation of an authorisation process or management arrangement for an activity in a marine park or a part of a marine park if the chief executive is satisfied— the accreditation is no longer desirable in the interests of managing the marine park or part; or the authorisation process or management arrangement applying to an activity in the marine park or part under the accreditation is not adequate, or is not being adequately implemented or followed.\n(sec.113-ssec.2) The notice must state the authorisation process or management arrangement for the activity in the marine park or part is no longer accredited.\n- (a) the accreditation is no longer desirable in the interests of managing the marine park or part; or\n- (b) the authorisation process or management arrangement applying to an activity in the marine park or part under the accreditation is not adequate, or is not being adequately implemented or followed.","sortOrder":136},{"sectionNumber":"sec.114","sectionType":"section","heading":"Review of accreditation of authorisation process or management arrangement","content":"### sec.114 Review of accreditation of authorisation process or management arrangement\n\nThis section applies if—\nthe chief executive has accredited, under this division, an authorisation process or management arrangement for an activity in a marine park or a part of a marine park; and\na new zoning plan applying to the marine park is made.\nThe chief executive must, within 1 year after the new zoning plan is made, review the accreditation to assess whether, having regard to the matters mentioned in section 110 , the authorisation process or management arrangement should still be accredited for the activity in the marine park or part.\nAfter reviewing the accreditation, the chief executive must do 1 of the following—\nleave the accreditation unchanged;\nreplace the accreditation with a new accreditation;\namend the accreditation;\ncancel the accreditation.\n(sec.114-ssec.1) This section applies if— the chief executive has accredited, under this division, an authorisation process or management arrangement for an activity in a marine park or a part of a marine park; and a new zoning plan applying to the marine park is made.\n(sec.114-ssec.2) The chief executive must, within 1 year after the new zoning plan is made, review the accreditation to assess whether, having regard to the matters mentioned in section 110 , the authorisation process or management arrangement should still be accredited for the activity in the marine park or part.\n(sec.114-ssec.3) After reviewing the accreditation, the chief executive must do 1 of the following— leave the accreditation unchanged; replace the accreditation with a new accreditation; amend the accreditation; cancel the accreditation.\n- (a) the chief executive has accredited, under this division, an authorisation process or management arrangement for an activity in a marine park or a part of a marine park; and\n- (b) a new zoning plan applying to the marine park is made.\n- (a) leave the accreditation unchanged;\n- (b) replace the accreditation with a new accreditation;\n- (c) amend the accreditation;\n- (d) cancel the accreditation.","sortOrder":137},{"sectionNumber":"pt.6","sectionType":"part","heading":"Regulatory notices and declarations","content":"# Regulatory notices and declarations","sortOrder":138},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Regulatory notices","content":"## Regulatory notices","sortOrder":139},{"sectionNumber":"sec.115","sectionType":"section","heading":"Chief executive may erect or display regulatory notice","content":"### sec.115 Chief executive may erect or display regulatory notice\n\nThis section applies for an activity that—\nrelates to a public health and safety act; or\nunder this regulation or a zoning plan may be authorised, regulated or prohibited by a regulatory notice.\nThe chief executive may erect or display a notice (a regulatory notice ) at the relevant notice points for the area of the marine park, or part of the marine park, to which the notice applies.\nThe regulatory notice must—\nbe easily visible to persons passing the relevant notice points; and\nidentify the limits of the area to which the notice applies; and\nstate the activity to which it applies and how the activity is authorised, regulated or prohibited.\nThe chief executive must publish a copy of the regulatory notice, or the information contained in it, on the department’s website.\nThe chief executive may publish the regulatory notice in other ways the chief executive considers appropriate.\nThe regulatory notice may be included on a sign that also includes a regulatory notice applying to—\na protected area under the Nature Conservation Act 1992 ; or\na recreation area under the Recreation Areas Management Act 2006 .\nThe regulatory notice may expressly state that a contravention of a requirement of the notice is an offence against the Act and the penalty for the offence.\nSection 118 provides for the offence of failure to comply with a regulatory notice about a public health and safety act.\nSections 152 (1) (a) , 156 , 157 (1) , 158 (1) , 159 (1) and 161 (1) also prohibit particular activities by regulatory notice.\n(sec.115-ssec.1) This section applies for an activity that— relates to a public health and safety act; or under this regulation or a zoning plan may be authorised, regulated or prohibited by a regulatory notice.\n(sec.115-ssec.2) The chief executive may erect or display a notice (a regulatory notice ) at the relevant notice points for the area of the marine park, or part of the marine park, to which the notice applies.\n(sec.115-ssec.3) The regulatory notice must— be easily visible to persons passing the relevant notice points; and identify the limits of the area to which the notice applies; and state the activity to which it applies and how the activity is authorised, regulated or prohibited.\n(sec.115-ssec.4) The chief executive must publish a copy of the regulatory notice, or the information contained in it, on the department’s website.\n(sec.115-ssec.5) The chief executive may publish the regulatory notice in other ways the chief executive considers appropriate.\n(sec.115-ssec.6) The regulatory notice may be included on a sign that also includes a regulatory notice applying to— a protected area under the Nature Conservation Act 1992 ; or a recreation area under the Recreation Areas Management Act 2006 .\n(sec.115-ssec.7) The regulatory notice may expressly state that a contravention of a requirement of the notice is an offence against the Act and the penalty for the offence.\n- (a) relates to a public health and safety act; or\n- (b) under this regulation or a zoning plan may be authorised, regulated or prohibited by a regulatory notice.\n- (a) be easily visible to persons passing the relevant notice points; and\n- (b) identify the limits of the area to which the notice applies; and\n- (c) state the activity to which it applies and how the activity is authorised, regulated or prohibited.\n- (a) a protected area under the Nature Conservation Act 1992 ; or\n- (b) a recreation area under the Recreation Areas Management Act 2006 .\n- 1 Section 118 provides for the offence of failure to comply with a regulatory notice about a public health and safety act.\n- 2 Sections 152 (1) (a) , 156 , 157 (1) , 158 (1) , 159 (1) and 161 (1) also prohibit particular activities by regulatory notice.","sortOrder":140},{"sectionNumber":"sec.116","sectionType":"section","heading":"Regulatory information notice","content":"### sec.116 Regulatory information notice\n\nThis section applies if a regulatory notice for a marine park or a part of a marine park does not expressly state that a contravention of a requirement of the notice is an offence against the Act and the penalty for the offence.\nThe chief executive must erect or display, at the relevant notice points for the area of the marine park or part to which the regulatory notice applies and other places the chief executive considers appropriate, a notice (a regulatory information notice ) expressly stating—\nthat a contravention of the requirement of the regulatory notice is an offence against the Act ; and\nthe penalty for the offence.\nThe regulatory information notice must be easily visible to persons passing the relevant notice points.\nThe chief executive must publish a copy of the regulatory information notice, or the information contained in it, on the department’s website.\nThe chief executive may publish the regulatory information notice in other ways the chief executive considers appropriate.\nThe regulatory information notice may be included on a sign that also includes a regulatory information notice applying to—\na protected area under the Nature Conservation Act 1992 ; or\na recreation area under the Recreation Areas Management Act 2006 .\nThe regulatory information notice may contain other information about the marine park the chief executive considers appropriate.\n(sec.116-ssec.1) This section applies if a regulatory notice for a marine park or a part of a marine park does not expressly state that a contravention of a requirement of the notice is an offence against the Act and the penalty for the offence.\n(sec.116-ssec.2) The chief executive must erect or display, at the relevant notice points for the area of the marine park or part to which the regulatory notice applies and other places the chief executive considers appropriate, a notice (a regulatory information notice ) expressly stating— that a contravention of the requirement of the regulatory notice is an offence against the Act ; and the penalty for the offence.\n(sec.116-ssec.3) The regulatory information notice must be easily visible to persons passing the relevant notice points.\n(sec.116-ssec.4) The chief executive must publish a copy of the regulatory information notice, or the information contained in it, on the department’s website.\n(sec.116-ssec.5) The chief executive may publish the regulatory information notice in other ways the chief executive considers appropriate.\n(sec.116-ssec.6) The regulatory information notice may be included on a sign that also includes a regulatory information notice applying to— a protected area under the Nature Conservation Act 1992 ; or a recreation area under the Recreation Areas Management Act 2006 .\n(sec.116-ssec.7) The regulatory information notice may contain other information about the marine park the chief executive considers appropriate.\n- (a) that a contravention of the requirement of the regulatory notice is an offence against the Act ; and\n- (b) the penalty for the offence.\n- (a) a protected area under the Nature Conservation Act 1992 ; or\n- (b) a recreation area under the Recreation Areas Management Act 2006 .","sortOrder":141},{"sectionNumber":"sec.117","sectionType":"section","heading":"Erection or display of regulatory notice or regulatory information notice is evidence of particular matters","content":"### sec.117 Erection or display of regulatory notice or regulatory information notice is evidence of particular matters\n\nThis section applies to a copy of a regulatory notice or regulatory information notice erected or displayed at a relevant notice point for an area to which the regulatory notice or regulatory information notice applies.\nEvidence that the regulatory notice or regulatory information notice was erected or displayed at a relevant notice point for the area to which the regulatory notice or regulatory information notice applies is evidence the notice was erected or displayed by the chief executive.\n(sec.117-ssec.1) This section applies to a copy of a regulatory notice or regulatory information notice erected or displayed at a relevant notice point for an area to which the regulatory notice or regulatory information notice applies.\n(sec.117-ssec.2) Evidence that the regulatory notice or regulatory information notice was erected or displayed at a relevant notice point for the area to which the regulatory notice or regulatory information notice applies is evidence the notice was erected or displayed by the chief executive.","sortOrder":142},{"sectionNumber":"sec.118","sectionType":"section","heading":"Compliance with regulatory notice about public health and safety act","content":"### sec.118 Compliance with regulatory notice about public health and safety act\n\nA person in a marine park must comply with a regulatory notice about a public health and safety act, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.","sortOrder":143},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Declaration of restricted access area","content":"## Declaration of restricted access area","sortOrder":144},{"sectionNumber":"sec.119","sectionType":"section","heading":"Declaration of restricted access area","content":"### sec.119 Declaration of restricted access area\n\nThe chief executive may, by gazette notice (a restricted access area notice ), declare all or part of a marine park to be a restricted access area.\nHowever, the chief executive may act under subsection (1) —\nonly for a reason mentioned in section 121 ; and\nonly after the process mentioned in section 122 has been complied with.\nThe restricted access area notice must—\nidentify the limits of the area to which the notice applies; and\nstate how access to the area is restricted or prohibited; and\na person may enter or use the area only for a special activity authorised under a permission held by the person\na person may enter or use the area only for a commercial activity authorised under a commercial activity agreement to which the person is a party\nstate that a contravention of a requirement of the notice is an offence against the Act and the maximum penalty for the offence.\nIf the chief executive is satisfied the reason for making the declaration no longer exists, the chief executive must ensure the declaration is revoked as soon as practicable.\n(sec.119-ssec.1) The chief executive may, by gazette notice (a restricted access area notice ), declare all or part of a marine park to be a restricted access area.\n(sec.119-ssec.2) However, the chief executive may act under subsection (1) — only for a reason mentioned in section 121 ; and only after the process mentioned in section 122 has been complied with.\n(sec.119-ssec.3) The restricted access area notice must— identify the limits of the area to which the notice applies; and state how access to the area is restricted or prohibited; and a person may enter or use the area only for a special activity authorised under a permission held by the person a person may enter or use the area only for a commercial activity authorised under a commercial activity agreement to which the person is a party state that a contravention of a requirement of the notice is an offence against the Act and the maximum penalty for the offence.\n(sec.119-ssec.4) If the chief executive is satisfied the reason for making the declaration no longer exists, the chief executive must ensure the declaration is revoked as soon as practicable.\n- (a) only for a reason mentioned in section 121 ; and\n- (b) only after the process mentioned in section 122 has been complied with.\n- (a) identify the limits of the area to which the notice applies; and\n- (b) state how access to the area is restricted or prohibited; and Examples of how access to the area may be restricted— • a person may enter or use the area only for a special activity authorised under a permission held by the person • a person may enter or use the area only for a commercial activity authorised under a commercial activity agreement to which the person is a party\n- • a person may enter or use the area only for a special activity authorised under a permission held by the person\n- • a person may enter or use the area only for a commercial activity authorised under a commercial activity agreement to which the person is a party\n- (c) state that a contravention of a requirement of the notice is an offence against the Act and the maximum penalty for the offence.\n- • a person may enter or use the area only for a special activity authorised under a permission held by the person\n- • a person may enter or use the area only for a commercial activity authorised under a commercial activity agreement to which the person is a party","sortOrder":145},{"sectionNumber":"sec.120","sectionType":"section","heading":"Erection or display of restricted access area notice","content":"### sec.120 Erection or display of restricted access area notice\n\nWhen a restricted access area notice is published in the gazette, the chief executive must erect or display a copy of the notice at the relevant notice points for the area of the marine park or the part of the marine park to which the restricted access area notice applies.\nThe copy of the restricted access area notice must—\nbe easily visible to persons passing the relevant notice points; and\nidentify the limits of the area to which the notice applies; and\nstate the activity to which the notice applies and how the activity is authorised, regulated or prohibited.\nThe chief executive must publish a copy of the restricted access area notice on the department’s website.\nThe chief executive may publish the restricted access area notice in other ways the chief executive considers appropriate.\nThe restricted access area notice may be included on a sign that also includes a regulatory notice—\nerected or displayed under section 115 (2) ; or\napplying to a protected area under the Nature Conservation Act 1992 ; or\napplying to a recreation area under the Recreation Areas Management Act 2006 .\nThe copy of the restricted access area notice may contain other information about the marine park the chief executive considers appropriate.\n(sec.120-ssec.1) When a restricted access area notice is published in the gazette, the chief executive must erect or display a copy of the notice at the relevant notice points for the area of the marine park or the part of the marine park to which the restricted access area notice applies.\n(sec.120-ssec.2) The copy of the restricted access area notice must— be easily visible to persons passing the relevant notice points; and identify the limits of the area to which the notice applies; and state the activity to which the notice applies and how the activity is authorised, regulated or prohibited.\n(sec.120-ssec.3) The chief executive must publish a copy of the restricted access area notice on the department’s website.\n(sec.120-ssec.4) The chief executive may publish the restricted access area notice in other ways the chief executive considers appropriate.\n(sec.120-ssec.5) The restricted access area notice may be included on a sign that also includes a regulatory notice— erected or displayed under section 115 (2) ; or applying to a protected area under the Nature Conservation Act 1992 ; or applying to a recreation area under the Recreation Areas Management Act 2006 .\n(sec.120-ssec.6) The copy of the restricted access area notice may contain other information about the marine park the chief executive considers appropriate.\n- (a) be easily visible to persons passing the relevant notice points; and\n- (b) identify the limits of the area to which the notice applies; and\n- (c) state the activity to which the notice applies and how the activity is authorised, regulated or prohibited.\n- (a) erected or displayed under section 115 (2) ; or\n- (b) applying to a protected area under the Nature Conservation Act 1992 ; or\n- (c) applying to a recreation area under the Recreation Areas Management Act 2006 .","sortOrder":146},{"sectionNumber":"sec.121","sectionType":"section","heading":"Reasons for declaring restricted access area","content":"### sec.121 Reasons for declaring restricted access area\n\nThe chief executive may declare a marine park or a part of a marine park to be a restricted access area only if the chief executive reasonably believes the declaration is necessary or desirable—\nto secure the safety of a person or a person’s property; or\nbecause of a cyclone or other natural disaster; or\nto conserve or protect the natural or cultural resources in the marine park or part, including, for example—\nto prevent the harassment, reduced health or injury of animals in the marine park or part; or\nto enable the restoration or rehabilitation of the marine park or part; or\nto protect a breeding area for native wildlife; or\nto manage a significant Aboriginal area in the marine park or part in a way that is consistent with Aboriginal tradition; or\nto manage a significant Torres Strait Islander area in the marine park or part in a way that is consistent with Island custom; or\nto protect an area having significant use and non-use values of the marine park or part; or\nfor public health or safety; or\nto allow a person to conduct an authorised activity in the area effectively and efficiently, including, for example, to conduct the activity in a way that complies with—\nthe conditions of the authority or commercial activity agreement under which the activity is authorised; and\nthe requirements under the Act applying to the activity; or\naquaculture, major works\nto protect infrastructure or equipment for a service in the marine park or part; or\na water supply facility\nequipment for generating power\nto ensure the orderly or proper management of the marine park or part.\nHowever, the chief executive can not declare a marine park, or a part of a marine park, to be a restricted access area if, in the circumstances, the area could be declared as a temporary restricted area under section 95 of the Act .\nIn this section—\nauthorised activity means an activity authorised under an authority or commercial activity agreement.\nsignificant Aboriginal area see the Aboriginal Cultural Heritage Act 2003 , section 9 .\nsignificant Torres Strait Islander area see the Torres Strait Islander Cultural Heritage Act 2003 , section 9 .\ns 121 amd 2024 SL No. 25 s 23\n(sec.121-ssec.1) The chief executive may declare a marine park or a part of a marine park to be a restricted access area only if the chief executive reasonably believes the declaration is necessary or desirable— to secure the safety of a person or a person’s property; or because of a cyclone or other natural disaster; or to conserve or protect the natural or cultural resources in the marine park or part, including, for example— to prevent the harassment, reduced health or injury of animals in the marine park or part; or to enable the restoration or rehabilitation of the marine park or part; or to protect a breeding area for native wildlife; or to manage a significant Aboriginal area in the marine park or part in a way that is consistent with Aboriginal tradition; or to manage a significant Torres Strait Islander area in the marine park or part in a way that is consistent with Island custom; or to protect an area having significant use and non-use values of the marine park or part; or for public health or safety; or to allow a person to conduct an authorised activity in the area effectively and efficiently, including, for example, to conduct the activity in a way that complies with— the conditions of the authority or commercial activity agreement under which the activity is authorised; and the requirements under the Act applying to the activity; or aquaculture, major works to protect infrastructure or equipment for a service in the marine park or part; or a water supply facility equipment for generating power to ensure the orderly or proper management of the marine park or part.\n(sec.121-ssec.2) However, the chief executive can not declare a marine park, or a part of a marine park, to be a restricted access area if, in the circumstances, the area could be declared as a temporary restricted area under section 95 of the Act .\n(sec.121-ssec.3) In this section— authorised activity means an activity authorised under an authority or commercial activity agreement. significant Aboriginal area see the Aboriginal Cultural Heritage Act 2003 , section 9 . significant Torres Strait Islander area see the Torres Strait Islander Cultural Heritage Act 2003 , section 9 .\n- (a) to secure the safety of a person or a person’s property; or\n- (b) because of a cyclone or other natural disaster; or\n- (c) to conserve or protect the natural or cultural resources in the marine park or part, including, for example— (i) to prevent the harassment, reduced health or injury of animals in the marine park or part; or (ii) to enable the restoration or rehabilitation of the marine park or part; or (iii) to protect a breeding area for native wildlife; or (iv) to manage a significant Aboriginal area in the marine park or part in a way that is consistent with Aboriginal tradition; or (v) to manage a significant Torres Strait Islander area in the marine park or part in a way that is consistent with Island custom; or\n- (i) to prevent the harassment, reduced health or injury of animals in the marine park or part; or\n- (ii) to enable the restoration or rehabilitation of the marine park or part; or\n- (iii) to protect a breeding area for native wildlife; or\n- (iv) to manage a significant Aboriginal area in the marine park or part in a way that is consistent with Aboriginal tradition; or\n- (v) to manage a significant Torres Strait Islander area in the marine park or part in a way that is consistent with Island custom; or\n- (d) to protect an area having significant use and non-use values of the marine park or part; or\n- (e) for public health or safety; or\n- (f) to allow a person to conduct an authorised activity in the area effectively and efficiently, including, for example, to conduct the activity in a way that complies with— (i) the conditions of the authority or commercial activity agreement under which the activity is authorised; and (ii) the requirements under the Act applying to the activity; or Examples of activities for which an area may need to be declared to be a restricted access area to allow the activity to be conducted effectively and efficiently— aquaculture, major works\n- (i) the conditions of the authority or commercial activity agreement under which the activity is authorised; and\n- (ii) the requirements under the Act applying to the activity; or\n- (g) to protect infrastructure or equipment for a service in the marine park or part; or Example of infrastructure— a water supply facility Example of equipment for a service— equipment for generating power\n- (h) to ensure the orderly or proper management of the marine park or part.\n- (i) to prevent the harassment, reduced health or injury of animals in the marine park or part; or\n- (ii) to enable the restoration or rehabilitation of the marine park or part; or\n- (iii) to protect a breeding area for native wildlife; or\n- (iv) to manage a significant Aboriginal area in the marine park or part in a way that is consistent with Aboriginal tradition; or\n- (v) to manage a significant Torres Strait Islander area in the marine park or part in a way that is consistent with Island custom; or\n- (i) the conditions of the authority or commercial activity agreement under which the activity is authorised; and\n- (ii) the requirements under the Act applying to the activity; or","sortOrder":147},{"sectionNumber":"sec.122","sectionType":"section","heading":"Notice of declaration of restricted access area","content":"### sec.122 Notice of declaration of restricted access area\n\nBefore making a declaration under section 119 , the chief executive—\nmust publish a notice of the proposed declaration on the department’s website; and\nmay publish the notice in another way the chief executive considers is reasonably likely to come to the attention of a person who may be interested in making a submission about the proposed declaration.\nThe notice must state the following—\nconsideration is being given to the making of a declaration under section 119 ;\nthat, under section 124 , entry to a restricted access area is restricted to particular persons;\nthat, among other things, the restriction under section 124 prevents entry under a permission unless it specifically authorises the entry;\nthe declaration of a marine park or a part of a marine park as a restricted access area is a ground for which the chief executive may amend, suspend or cancel a permission applying to the marine park or part;\ninterested persons may make written submissions to the chief executive, in relation to the proposed declaration—\nat an address stated in the notice; and\nwithin a stated period of at least 20 business days.\nThe chief executive must ensure the notice is published on the department’s website during the stated period.\nThe chief executive must consider all written submissions received in response to the notice within the stated period.\ns 122 amd 2024 SL No. 25 s 24\n(sec.122-ssec.1) Before making a declaration under section 119 , the chief executive— must publish a notice of the proposed declaration on the department’s website; and may publish the notice in another way the chief executive considers is reasonably likely to come to the attention of a person who may be interested in making a submission about the proposed declaration.\n(sec.122-ssec.2) The notice must state the following— consideration is being given to the making of a declaration under section 119 ; that, under section 124 , entry to a restricted access area is restricted to particular persons; that, among other things, the restriction under section 124 prevents entry under a permission unless it specifically authorises the entry; the declaration of a marine park or a part of a marine park as a restricted access area is a ground for which the chief executive may amend, suspend or cancel a permission applying to the marine park or part; interested persons may make written submissions to the chief executive, in relation to the proposed declaration— at an address stated in the notice; and within a stated period of at least 20 business days.\n(sec.122-ssec.3) The chief executive must ensure the notice is published on the department’s website during the stated period.\n(sec.122-ssec.4) The chief executive must consider all written submissions received in response to the notice within the stated period.\n- (a) must publish a notice of the proposed declaration on the department’s website; and\n- (b) may publish the notice in another way the chief executive considers is reasonably likely to come to the attention of a person who may be interested in making a submission about the proposed declaration.\n- (a) consideration is being given to the making of a declaration under section 119 ;\n- (b) that, under section 124 , entry to a restricted access area is restricted to particular persons;\n- (c) that, among other things, the restriction under section 124 prevents entry under a permission unless it specifically authorises the entry;\n- (d) the declaration of a marine park or a part of a marine park as a restricted access area is a ground for which the chief executive may amend, suspend or cancel a permission applying to the marine park or part;\n- (e) interested persons may make written submissions to the chief executive, in relation to the proposed declaration— (i) at an address stated in the notice; and (ii) within a stated period of at least 20 business days.\n- (i) at an address stated in the notice; and\n- (ii) within a stated period of at least 20 business days.\n- (i) at an address stated in the notice; and\n- (ii) within a stated period of at least 20 business days.","sortOrder":148},{"sectionNumber":"sec.123","sectionType":"section","heading":"Period for which declaration is in force","content":"### sec.123 Period for which declaration is in force\n\nA declaration made under section 119 —\nhas effect from the day the restricted access area notice is published in the gazette; and\ncontinues in force until it is revoked.\nWhen the declaration is revoked, the chief executive must—\nremove the copy of the restricted access area notice from the department’s website; and\nerect or display a notice about the revocation in the same way the chief executive erected or displayed a copy of the restricted access area notice under 120(1); and\nif the chief executive published a copy of the restricted access area notice under section 120 (4) , publish a notice about the revocation in the same way; and\nremove the copy of the restricted access area notice that is erected or displayed at the relevant notice points for the area to which the notice applies.\n(sec.123-ssec.1) A declaration made under section 119 — has effect from the day the restricted access area notice is published in the gazette; and continues in force until it is revoked.\n(sec.123-ssec.2) When the declaration is revoked, the chief executive must— remove the copy of the restricted access area notice from the department’s website; and erect or display a notice about the revocation in the same way the chief executive erected or displayed a copy of the restricted access area notice under 120(1); and if the chief executive published a copy of the restricted access area notice under section 120 (4) , publish a notice about the revocation in the same way; and remove the copy of the restricted access area notice that is erected or displayed at the relevant notice points for the area to which the notice applies.\n- (a) has effect from the day the restricted access area notice is published in the gazette; and\n- (b) continues in force until it is revoked.\n- (a) remove the copy of the restricted access area notice from the department’s website; and\n- (b) erect or display a notice about the revocation in the same way the chief executive erected or displayed a copy of the restricted access area notice under 120(1); and\n- (c) if the chief executive published a copy of the restricted access area notice under section 120 (4) , publish a notice about the revocation in the same way; and\n- (d) remove the copy of the restricted access area notice that is erected or displayed at the relevant notice points for the area to which the notice applies.","sortOrder":149},{"sectionNumber":"sec.123A","sectionType":"section","heading":"Approval to enter and use restricted access area","content":"### sec.123A Approval to enter and use restricted access area\n\nThis section applies if the chief executive considers—\nit is necessary for a person to enter and use a restricted access area declared under a restricted access area notice—\nfor a purpose or reason mentioned in section 121 (1) (a) to (g) ; or\nto carry out activities relating to the management of the area; and\nbecause of urgency, it would be impracticable for the person to be required to enter or use the area under a permission or commercial activity agreement.\nThe chief executive may, by notice given to the person, approve the entry and use by the person of the restricted access area.\nSubsection (2) is not limited, or otherwise affected, by the restricted access area notice.\ns 123A ins 2024 SL No. 25 s 25\n(sec.123A-ssec.1) This section applies if the chief executive considers— it is necessary for a person to enter and use a restricted access area declared under a restricted access area notice— for a purpose or reason mentioned in section 121 (1) (a) to (g) ; or to carry out activities relating to the management of the area; and because of urgency, it would be impracticable for the person to be required to enter or use the area under a permission or commercial activity agreement.\n(sec.123A-ssec.2) The chief executive may, by notice given to the person, approve the entry and use by the person of the restricted access area.\n(sec.123A-ssec.3) Subsection (2) is not limited, or otherwise affected, by the restricted access area notice.\n- (a) it is necessary for a person to enter and use a restricted access area declared under a restricted access area notice— (i) for a purpose or reason mentioned in section 121 (1) (a) to (g) ; or (ii) to carry out activities relating to the management of the area; and\n- (i) for a purpose or reason mentioned in section 121 (1) (a) to (g) ; or\n- (ii) to carry out activities relating to the management of the area; and\n- (b) because of urgency, it would be impracticable for the person to be required to enter or use the area under a permission or commercial activity agreement.\n- (i) for a purpose or reason mentioned in section 121 (1) (a) to (g) ; or\n- (ii) to carry out activities relating to the management of the area; and","sortOrder":150},{"sectionNumber":"sec.124","sectionType":"section","heading":"Unlawfully entering restricted access area","content":"### sec.124 Unlawfully entering restricted access area\n\nA person must not enter or remain in a restricted access area unless the person—\nenters the area under a permission that specifically authorises the entry; or\nenters the area under a commercial activity agreement that specifically authorises the entry; or\nenters the area under an approval given under section 123A ; or\nhas a reasonable excuse.\nMaximum penalty—80 penalty units.\nSubsection (1) does not apply to a person who enters the area under—\na direction given, under part 5 or 6 of the Act , by the chief executive or an inspector; or\nan enforcement order or interim enforcement order made, under part 7 of the Act , by the Planning and Environment Court; or\na relevant provision.\nIn this section—\nrelevant provision means—\nfor a restricted access area in an unzoned marine park— part 7 , division 2 , subdivision 2 or section 148 or 149 ; or\nfor a restricted access area in a zoned marine park—a provision of the zoning plan applying to the zone of the marine park in which the area is located authorising the entry or use of that zone for a purpose, however described, that is the same or substantially the same as a purpose mentioned in part 7 , division 2 , subdivision 2 or section 149 or 150 .\ns 124 amd 2024 SL No. 25 s 26\n(sec.124-ssec.1) A person must not enter or remain in a restricted access area unless the person— enters the area under a permission that specifically authorises the entry; or enters the area under a commercial activity agreement that specifically authorises the entry; or enters the area under an approval given under section 123A ; or has a reasonable excuse. Maximum penalty—80 penalty units.\n(sec.124-ssec.2) Subsection (1) does not apply to a person who enters the area under— a direction given, under part 5 or 6 of the Act , by the chief executive or an inspector; or an enforcement order or interim enforcement order made, under part 7 of the Act , by the Planning and Environment Court; or a relevant provision.\n(sec.124-ssec.3) In this section— relevant provision means— for a restricted access area in an unzoned marine park— part 7 , division 2 , subdivision 2 or section 148 or 149 ; or for a restricted access area in a zoned marine park—a provision of the zoning plan applying to the zone of the marine park in which the area is located authorising the entry or use of that zone for a purpose, however described, that is the same or substantially the same as a purpose mentioned in part 7 , division 2 , subdivision 2 or section 149 or 150 .\n- (a) enters the area under a permission that specifically authorises the entry; or\n- (b) enters the area under a commercial activity agreement that specifically authorises the entry; or\n- (c) enters the area under an approval given under section 123A ; or\n- (d) has a reasonable excuse.\n- (a) a direction given, under part 5 or 6 of the Act , by the chief executive or an inspector; or\n- (b) an enforcement order or interim enforcement order made, under part 7 of the Act , by the Planning and Environment Court; or\n- (c) a relevant provision.\n- (a) for a restricted access area in an unzoned marine park— part 7 , division 2 , subdivision 2 or section 148 or 149 ; or\n- (b) for a restricted access area in a zoned marine park—a provision of the zoning plan applying to the zone of the marine park in which the area is located authorising the entry or use of that zone for a purpose, however described, that is the same or substantially the same as a purpose mentioned in part 7 , division 2 , subdivision 2 or section 149 or 150 .","sortOrder":151},{"sectionNumber":"sec.125","sectionType":"section","heading":"Removing property from restricted access area","content":"### sec.125 Removing property from restricted access area\n\nThis section applies to a person who is in a marine park, or a part of a marine park, that is declared to be a restricted access area and to whom section 124 applies.\nThe person must, immediately after the declaration is made, remove all of the person’s property from the area unless the person has a reasonable excuse.\nMaximum penalty—80 penalty units.\nIn this section—\nproperty does not include a structure or other thing that is fixed in position on more than a temporary basis.\n(sec.125-ssec.1) This section applies to a person who is in a marine park, or a part of a marine park, that is declared to be a restricted access area and to whom section 124 applies.\n(sec.125-ssec.2) The person must, immediately after the declaration is made, remove all of the person’s property from the area unless the person has a reasonable excuse. Maximum penalty—80 penalty units.\n(sec.125-ssec.3) In this section— property does not include a structure or other thing that is fixed in position on more than a temporary basis.","sortOrder":152},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Declaration of prescribed commercial activity","content":"## Declaration of prescribed commercial activity","sortOrder":153},{"sectionNumber":"sec.126","sectionType":"section","heading":"Declaration of prescribed commercial activity","content":"### sec.126 Declaration of prescribed commercial activity\n\nThe chief executive may declare a commercial activity to be a prescribed commercial activity for a marine park or a part of a marine park.\nThe declaration must state the following—\nthat the stated commercial activity is a prescribed commercial activity for the stated marine park or the stated part of the marine park;\nthat, under section 127 , a person may conduct the prescribed commercial activity in the marine park or part only under a commercial activity agreement;\nhow the person may obtain further information about entering into a commercial activity agreement for the conducting of the prescribed commercial activity in the marine park or part.\nThe chief executive must publish the declaration on the department’s website.\ns 126 amd 2024 SL No. 25 s 27\n(sec.126-ssec.1) The chief executive may declare a commercial activity to be a prescribed commercial activity for a marine park or a part of a marine park.\n(sec.126-ssec.2) The declaration must state the following— that the stated commercial activity is a prescribed commercial activity for the stated marine park or the stated part of the marine park; that, under section 127 , a person may conduct the prescribed commercial activity in the marine park or part only under a commercial activity agreement; how the person may obtain further information about entering into a commercial activity agreement for the conducting of the prescribed commercial activity in the marine park or part.\n(sec.126-ssec.3) The chief executive must publish the declaration on the department’s website.\n- (a) that the stated commercial activity is a prescribed commercial activity for the stated marine park or the stated part of the marine park;\n- (b) that, under section 127 , a person may conduct the prescribed commercial activity in the marine park or part only under a commercial activity agreement;\n- (c) how the person may obtain further information about entering into a commercial activity agreement for the conducting of the prescribed commercial activity in the marine park or part.","sortOrder":154},{"sectionNumber":"sec.127","sectionType":"section","heading":"Unlawfully conducting prescribed commercial activity","content":"### sec.127 Unlawfully conducting prescribed commercial activity\n\nA person must not conduct a prescribed commercial activity for a marine park, or a part of a marine park, in the marine park or part unless the activity is conducted under a commercial activity agreement.\nMaximum penalty—165 penalty units.\nSubsection (1) does not apply to a person conducting a prescribed commercial activity under a permission that is in force on the day the prescribed commercial activity is declared under section 126 .\n(sec.127-ssec.1) A person must not conduct a prescribed commercial activity for a marine park, or a part of a marine park, in the marine park or part unless the activity is conducted under a commercial activity agreement. Maximum penalty—165 penalty units.\n(sec.127-ssec.2) Subsection (1) does not apply to a person conducting a prescribed commercial activity under a permission that is in force on the day the prescribed commercial activity is declared under section 126 .","sortOrder":155},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Declaration of special activity","content":"## Declaration of special activity","sortOrder":156},{"sectionNumber":"sec.128","sectionType":"section","heading":"Declaration of special activity","content":"### sec.128 Declaration of special activity\n\nThe chief executive may, by gazette notice (a special activity notice ), declare an activity to be a special activity for all or part of a marine park.\nHowever, the chief executive may act under subsection (1) —\nonly for an activity mentioned in section 129 ; and\nunless section 130 does not apply—only after the consultation process mentioned in section 130 has been completed.\nThe special activity notice must—\nidentify the limits of the area to which the notice applies; and\nstate the activity that is a special activity for the area; and\nstate that, under section 132 , a person may conduct the special activity in the area only under—\na permission that specifically authorises the conducting of the activity; or\na commercial activity agreement that specifically authorises the conducting of the activity; and\nstate the requirements that apply to a person—\nconducting the special activity in the area; or\notherwise using the area while a special activity is being conducted in the area; and\na requirement that a person not participating in the stated special activity must keep a stated distance away from where the activity is being conducted\nif requirements mentioned in paragraph (d) are stated in the notice—state that, under section 133 , a person must comply with the requirements.\nWhen the special activity notice is published in the gazette, the chief executive—\nmust publish a copy of the notice on the department’s website; and\nmay—\npublish a copy of the notice in other ways the chief executive considers appropriate; or\nerect or display a copy of the notice at the relevant notice points for the area of the marine park, or part of the marine park, to which the special activity notice applies.\nIf the chief executive is satisfied the reason for making the declaration no longer exists, the chief executive must ensure the declaration is revoked as soon as practicable.\n(sec.128-ssec.1) The chief executive may, by gazette notice (a special activity notice ), declare an activity to be a special activity for all or part of a marine park.\n(sec.128-ssec.2) However, the chief executive may act under subsection (1) — only for an activity mentioned in section 129 ; and unless section 130 does not apply—only after the consultation process mentioned in section 130 has been completed.\n(sec.128-ssec.3) The special activity notice must— identify the limits of the area to which the notice applies; and state the activity that is a special activity for the area; and state that, under section 132 , a person may conduct the special activity in the area only under— a permission that specifically authorises the conducting of the activity; or a commercial activity agreement that specifically authorises the conducting of the activity; and state the requirements that apply to a person— conducting the special activity in the area; or otherwise using the area while a special activity is being conducted in the area; and a requirement that a person not participating in the stated special activity must keep a stated distance away from where the activity is being conducted if requirements mentioned in paragraph (d) are stated in the notice—state that, under section 133 , a person must comply with the requirements.\n(sec.128-ssec.4) When the special activity notice is published in the gazette, the chief executive— must publish a copy of the notice on the department’s website; and may— publish a copy of the notice in other ways the chief executive considers appropriate; or erect or display a copy of the notice at the relevant notice points for the area of the marine park, or part of the marine park, to which the special activity notice applies.\n(sec.128-ssec.5) If the chief executive is satisfied the reason for making the declaration no longer exists, the chief executive must ensure the declaration is revoked as soon as practicable.\n- (a) only for an activity mentioned in section 129 ; and\n- (b) unless section 130 does not apply—only after the consultation process mentioned in section 130 has been completed.\n- (a) identify the limits of the area to which the notice applies; and\n- (b) state the activity that is a special activity for the area; and\n- (c) state that, under section 132 , a person may conduct the special activity in the area only under— (i) a permission that specifically authorises the conducting of the activity; or (ii) a commercial activity agreement that specifically authorises the conducting of the activity; and\n- (i) a permission that specifically authorises the conducting of the activity; or\n- (ii) a commercial activity agreement that specifically authorises the conducting of the activity; and\n- (d) state the requirements that apply to a person— (i) conducting the special activity in the area; or (ii) otherwise using the area while a special activity is being conducted in the area; and Example of a requirement applying to persons otherwise using the area— a requirement that a person not participating in the stated special activity must keep a stated distance away from where the activity is being conducted\n- (i) conducting the special activity in the area; or\n- (ii) otherwise using the area while a special activity is being conducted in the area; and Example of a requirement applying to persons otherwise using the area— a requirement that a person not participating in the stated special activity must keep a stated distance away from where the activity is being conducted\n- (e) if requirements mentioned in paragraph (d) are stated in the notice—state that, under section 133 , a person must comply with the requirements.\n- (i) a permission that specifically authorises the conducting of the activity; or\n- (ii) a commercial activity agreement that specifically authorises the conducting of the activity; and\n- (i) conducting the special activity in the area; or\n- (ii) otherwise using the area while a special activity is being conducted in the area; and Example of a requirement applying to persons otherwise using the area— a requirement that a person not participating in the stated special activity must keep a stated distance away from where the activity is being conducted\n- (a) must publish a copy of the notice on the department’s website; and\n- (b) may— (i) publish a copy of the notice in other ways the chief executive considers appropriate; or (ii) erect or display a copy of the notice at the relevant notice points for the area of the marine park, or part of the marine park, to which the special activity notice applies.\n- (i) publish a copy of the notice in other ways the chief executive considers appropriate; or\n- (ii) erect or display a copy of the notice at the relevant notice points for the area of the marine park, or part of the marine park, to which the special activity notice applies.\n- (i) publish a copy of the notice in other ways the chief executive considers appropriate; or\n- (ii) erect or display a copy of the notice at the relevant notice points for the area of the marine park, or part of the marine park, to which the special activity notice applies.","sortOrder":157},{"sectionNumber":"sec.129","sectionType":"section","heading":"Activities that may be special activities","content":"### sec.129 Activities that may be special activities\n\nAn activity that may, under section 128 , be declared to be a special activity for a marine park or a part of a marine park is any of the following—\nan activity that will have, or is reasonably likely to have, an unusual or significant impact on the natural or cultural resources in the marine park or part;\nan activity that will involve, or is reasonably likely to involve, a risk to the person conducting the activity or the public generally;\nan activity for which a controlled setting is required to ensure the quality and efficiency of providing the product or service the subject of the activity;\nan educational activity, filming, photography, research\nan activity that may interfere with the public use or enjoyment of the marine park or part.\nfishing competition, regatta, swimming competition, triathlon\n- (a) an activity that will have, or is reasonably likely to have, an unusual or significant impact on the natural or cultural resources in the marine park or part;\n- (b) an activity that will involve, or is reasonably likely to involve, a risk to the person conducting the activity or the public generally;\n- (c) an activity for which a controlled setting is required to ensure the quality and efficiency of providing the product or service the subject of the activity; Examples of activities that may require controlled setting to ensure the quality and efficiency of providing a product or service— an educational activity, filming, photography, research\n- (d) an activity that may interfere with the public use or enjoyment of the marine park or part. Examples of activities that may interfere with public use or enjoyment of an area— fishing competition, regatta, swimming competition, triathlon","sortOrder":158},{"sectionNumber":"sec.130","sectionType":"section","heading":"Notice of declaration of special activity","content":"### sec.130 Notice of declaration of special activity\n\nBefore making a declaration under section 128 , the chief executive—\nmust publish a notice of the proposed declaration on the department’s website; and\nmay publish the notice in another way the chief executive considers is reasonably likely to come to the attention of a person who may be interested in making a submission about the proposed declaration.\nThe notice must state the following—\nconsideration is being given to the making of a declaration under section 128 ;\ninterested persons may make written submissions to the chief executive, in relation to the proposed declaration—\nat an address stated in the notice; and\nwithin a stated period of at least 20 business days.\nThe chief executive must ensure the notice is published on the department’s website during the stated period.\nThe chief executive must consider all written submissions received in response to the notice within the stated period.\nThis section does not apply if—\nthe activity is declared to be a special activity for the marine park or part for the protection of the natural or cultural resources in the marine park or part or to protect individuals or wildlife from potential danger; and\nit is not practicable for the chief executive to delay the declaration for the reason of complying with this section.\ns 130 amd 2024 SL No. 25 s 28\n(sec.130-ssec.1) Before making a declaration under section 128 , the chief executive— must publish a notice of the proposed declaration on the department’s website; and may publish the notice in another way the chief executive considers is reasonably likely to come to the attention of a person who may be interested in making a submission about the proposed declaration.\n(sec.130-ssec.2) The notice must state the following— consideration is being given to the making of a declaration under section 128 ; interested persons may make written submissions to the chief executive, in relation to the proposed declaration— at an address stated in the notice; and within a stated period of at least 20 business days.\n(sec.130-ssec.3) The chief executive must ensure the notice is published on the department’s website during the stated period.\n(sec.130-ssec.4) The chief executive must consider all written submissions received in response to the notice within the stated period.\n(sec.130-ssec.5) This section does not apply if— the activity is declared to be a special activity for the marine park or part for the protection of the natural or cultural resources in the marine park or part or to protect individuals or wildlife from potential danger; and it is not practicable for the chief executive to delay the declaration for the reason of complying with this section.\n- (a) must publish a notice of the proposed declaration on the department’s website; and\n- (b) may publish the notice in another way the chief executive considers is reasonably likely to come to the attention of a person who may be interested in making a submission about the proposed declaration.\n- (a) consideration is being given to the making of a declaration under section 128 ;\n- (b) interested persons may make written submissions to the chief executive, in relation to the proposed declaration— (i) at an address stated in the notice; and (ii) within a stated period of at least 20 business days.\n- (i) at an address stated in the notice; and\n- (ii) within a stated period of at least 20 business days.\n- (i) at an address stated in the notice; and\n- (ii) within a stated period of at least 20 business days.\n- (a) the activity is declared to be a special activity for the marine park or part for the protection of the natural or cultural resources in the marine park or part or to protect individuals or wildlife from potential danger; and\n- (b) it is not practicable for the chief executive to delay the declaration for the reason of complying with this section.","sortOrder":159},{"sectionNumber":"sec.131","sectionType":"section","heading":"Period for which declaration is in force","content":"### sec.131 Period for which declaration is in force\n\nA declaration made under section 128 —\nhas effect from the day the special activity notice is published in the gazette; and\ncontinues in force until it is revoked.\nWhen the declaration is revoked, the chief executive must—\nremove the copy of the special activity notice from the department’s website; and\npublish a notice about the revocation in the same ways the chief executive published a copy of the special activity notice under section 128 (4) (b) (i) ; and\nif the chief executive erected or displayed a copy of the special activity notice at a relevant notice point for the area to which the notice applies—remove the copy.\n(sec.131-ssec.1) A declaration made under section 128 — has effect from the day the special activity notice is published in the gazette; and continues in force until it is revoked.\n(sec.131-ssec.2) When the declaration is revoked, the chief executive must— remove the copy of the special activity notice from the department’s website; and publish a notice about the revocation in the same ways the chief executive published a copy of the special activity notice under section 128 (4) (b) (i) ; and if the chief executive erected or displayed a copy of the special activity notice at a relevant notice point for the area to which the notice applies—remove the copy.\n- (a) has effect from the day the special activity notice is published in the gazette; and\n- (b) continues in force until it is revoked.\n- (a) remove the copy of the special activity notice from the department’s website; and\n- (b) publish a notice about the revocation in the same ways the chief executive published a copy of the special activity notice under section 128 (4) (b) (i) ; and\n- (c) if the chief executive erected or displayed a copy of the special activity notice at a relevant notice point for the area to which the notice applies—remove the copy.","sortOrder":160},{"sectionNumber":"sec.131A","sectionType":"section","heading":"Approval to conduct special activity","content":"### sec.131A Approval to conduct special activity\n\nThis section applies if the chief executive considers—\nit is necessary or appropriate for a person to conduct a special activity declared under a special activity notice; and\nbecause of urgency, it would be impracticable for the person to be required to conduct the activity under a permission or commercial activity agreement.\nThe chief executive may, by notice given to the person, approve the conduct of the special activity.\nSubsection (2) is not limited, or otherwise affected, by the special activity notice.\ns 131A ins 2024 SL No. 25 s 29\n(sec.131A-ssec.1) This section applies if the chief executive considers— it is necessary or appropriate for a person to conduct a special activity declared under a special activity notice; and because of urgency, it would be impracticable for the person to be required to conduct the activity under a permission or commercial activity agreement.\n(sec.131A-ssec.2) The chief executive may, by notice given to the person, approve the conduct of the special activity.\n(sec.131A-ssec.3) Subsection (2) is not limited, or otherwise affected, by the special activity notice.\n- (a) it is necessary or appropriate for a person to conduct a special activity declared under a special activity notice; and\n- (b) because of urgency, it would be impracticable for the person to be required to conduct the activity under a permission or commercial activity agreement.","sortOrder":161},{"sectionNumber":"sec.132","sectionType":"section","heading":"Unlawfully conducting special activity","content":"### sec.132 Unlawfully conducting special activity\n\nA person must not conduct a special activity for a marine park, or a part of a marine park, in the marine park or part unless the person conducts the activity—\nunder a permission that specifically authorises the conducting of the activity; or\nunder a commercial activity agreement that specifically authorises the conducting of the activity; or\nunder an approval given under section 131A .\nMaximum penalty—80 penalty units.\nThis section does not apply to a person conducting an activity under a relevant provision.\nIn this section—\nrelevant provision means—\nfor an unzoned marine park— part 7 , division 2 , subdivision 2 or 3 ; or\nfor a zoned marine park—a provision of the zoning plan applying to the marine park authorising the entry or use of the marine park for a purpose, however described, that is the same or substantially the same as a purpose mentioned in part 7 , division 2 , subdivision 2 or 3 .\ns 132 amd 2024 SL No. 25 s 30\n(sec.132-ssec.1) A person must not conduct a special activity for a marine park, or a part of a marine park, in the marine park or part unless the person conducts the activity— under a permission that specifically authorises the conducting of the activity; or under a commercial activity agreement that specifically authorises the conducting of the activity; or under an approval given under section 131A . Maximum penalty—80 penalty units.\n(sec.132-ssec.2) This section does not apply to a person conducting an activity under a relevant provision.\n(sec.132-ssec.3) In this section— relevant provision means— for an unzoned marine park— part 7 , division 2 , subdivision 2 or 3 ; or for a zoned marine park—a provision of the zoning plan applying to the marine park authorising the entry or use of the marine park for a purpose, however described, that is the same or substantially the same as a purpose mentioned in part 7 , division 2 , subdivision 2 or 3 .\n- (a) under a permission that specifically authorises the conducting of the activity; or\n- (b) under a commercial activity agreement that specifically authorises the conducting of the activity; or\n- (c) under an approval given under section 131A .\n- (a) for an unzoned marine park— part 7 , division 2 , subdivision 2 or 3 ; or\n- (b) for a zoned marine park—a provision of the zoning plan applying to the marine park authorising the entry or use of the marine park for a purpose, however described, that is the same or substantially the same as a purpose mentioned in part 7 , division 2 , subdivision 2 or 3 .","sortOrder":162},{"sectionNumber":"sec.133","sectionType":"section","heading":"Compliance with special activity notice","content":"### sec.133 Compliance with special activity notice\n\nThis section applies if a special activity notice states requirements applying to a person in the area to which the notice applies.\nThe person must comply with the notice unless the person has a reasonable excuse.\nMaximum penalty—80 penalty units.\n(sec.133-ssec.1) This section applies if a special activity notice states requirements applying to a person in the area to which the notice applies.\n(sec.133-ssec.2) The person must comply with the notice unless the person has a reasonable excuse. Maximum penalty—80 penalty units.","sortOrder":163},{"sectionNumber":"pt.7","sectionType":"part","heading":"Entering or using marine parks","content":"# Entering or using marine parks","sortOrder":164},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Zoned marine parks","content":"## Zoned marine parks","sortOrder":165},{"sectionNumber":"sec.134","sectionType":"section","heading":"Prohibited purpose","content":"### sec.134 Prohibited purpose\n\nThis section states a purpose that is a prohibited purpose for a zoned marine park for the following—\nsection 43 of the Act ;\nsection 135 .\nA prohibited purpose is a purpose not stated in the zoning plan for the marine park as a purpose for which the marine park may be entered or used with a permission or without a permission.\n(sec.134-ssec.1) This section states a purpose that is a prohibited purpose for a zoned marine park for the following— section 43 of the Act ; section 135 .\n(sec.134-ssec.2) A prohibited purpose is a purpose not stated in the zoning plan for the marine park as a purpose for which the marine park may be entered or used with a permission or without a permission.\n- (a) section 43 of the Act ;\n- (b) section 135 .","sortOrder":166},{"sectionNumber":"sec.135","sectionType":"section","heading":"Entry or use for a prohibited purpose","content":"### sec.135 Entry or use for a prohibited purpose\n\nA person must not enter or use a zoned marine park for a prohibited purpose.\nMaximum penalty—\nfor a purpose involving taking natural or cultural resources in the marine park—165 penalty units; or\nfor a purpose involving releasing an animal or plant in the marine park—165 penalty units; or\nfor a purpose involving carrying out works or the construction of a structure in the marine park—165 penalty units; or\nfor a purpose involving the dumping of a chemical, waste or other pollutant in the marine park—165 penalty units; or\nfor another purpose—80 penalty units.\nSee also section 43 of the Act .\nThis section does not apply to an act—\ndone by an authorised person in the performance of a function or exercise of a power under the Act ; or\ndone by someone else authorised under the Act to do the act.\n(sec.135-ssec.1) A person must not enter or use a zoned marine park for a prohibited purpose. Maximum penalty— for a purpose involving taking natural or cultural resources in the marine park—165 penalty units; or for a purpose involving releasing an animal or plant in the marine park—165 penalty units; or for a purpose involving carrying out works or the construction of a structure in the marine park—165 penalty units; or for a purpose involving the dumping of a chemical, waste or other pollutant in the marine park—165 penalty units; or for another purpose—80 penalty units. See also section 43 of the Act .\n(sec.135-ssec.2) This section does not apply to an act— done by an authorised person in the performance of a function or exercise of a power under the Act ; or done by someone else authorised under the Act to do the act.\n- (a) for a purpose involving taking natural or cultural resources in the marine park—165 penalty units; or\n- (b) for a purpose involving releasing an animal or plant in the marine park—165 penalty units; or\n- (c) for a purpose involving carrying out works or the construction of a structure in the marine park—165 penalty units; or\n- (d) for a purpose involving the dumping of a chemical, waste or other pollutant in the marine park—165 penalty units; or\n- (e) for another purpose—80 penalty units.\n- (a) done by an authorised person in the performance of a function or exercise of a power under the Act ; or\n- (b) done by someone else authorised under the Act to do the act.","sortOrder":167},{"sectionNumber":"sec.136","sectionType":"section","heading":"Purpose for which authority required","content":"### sec.136 Purpose for which authority required\n\nThis section states a purpose for which an authority is required to enter or use a zoned marine park for the following—\nsection 44 of the Act ;\nsection 137 .\nA purpose stated in the zoning plan for the marine park as a purpose for which the marine park may be entered or used with a permission is a purpose for which an authority is required to enter or use a zoned marine park.\nHowever, a person does not require an authority to enter or use a zoned marine park for a purpose for which the person is authorised to enter or use the marine park under—\na commercial activity agreement; or\nan accredited instrument.\nAlso, a person does not require an authority to enter or use a zoned marine park to conduct an activity if—\nthe person is authorised to conduct the activity under an accredited authorisation process or accredited management arrangement; and\nthe person complies with the conditions imposed by the chief executive on the conduct of the activity under the process or arrangement.\n(sec.136-ssec.1) This section states a purpose for which an authority is required to enter or use a zoned marine park for the following— section 44 of the Act ; section 137 .\n(sec.136-ssec.2) A purpose stated in the zoning plan for the marine park as a purpose for which the marine park may be entered or used with a permission is a purpose for which an authority is required to enter or use a zoned marine park.\n(sec.136-ssec.3) However, a person does not require an authority to enter or use a zoned marine park for a purpose for which the person is authorised to enter or use the marine park under— a commercial activity agreement; or an accredited instrument.\n(sec.136-ssec.4) Also, a person does not require an authority to enter or use a zoned marine park to conduct an activity if— the person is authorised to conduct the activity under an accredited authorisation process or accredited management arrangement; and the person complies with the conditions imposed by the chief executive on the conduct of the activity under the process or arrangement.\n- (a) section 44 of the Act ;\n- (b) section 137 .\n- (a) a commercial activity agreement; or\n- (b) an accredited instrument.\n- (a) the person is authorised to conduct the activity under an accredited authorisation process or accredited management arrangement; and\n- (b) the person complies with the conditions imposed by the chief executive on the conduct of the activity under the process or arrangement.","sortOrder":168},{"sectionNumber":"sec.137","sectionType":"section","heading":"Entry or use without an authority","content":"### sec.137 Entry or use without an authority\n\nA person must not enter or use a zoned marine park for a purpose for which an authority is required under section 136 unless the person has an authority to enter or use the park for that purpose.\nMaximum penalty—\nfor a purpose involving taking natural or cultural resources in the marine park—165 penalty units; or\nfor a purpose involving releasing an animal or plant in the marine park—165 penalty units; or\nfor a purpose involving carrying out works or the construction of a structure in the marine park—165 penalty units; or\nfor a purpose involving the dumping of a chemical, waste or other pollutant in the marine park—165 penalty units; or\nfor another purpose—80 penalty units.\nSee also section 44 of the Act .\nIf the chief executive makes the entry or use under the authority subject to conditions, the person must comply with the conditions.\nMaximum penalty—80 penalty units.\nSubsection (1) does not apply to an act—\ndone by an authorised person in the performance of a function or exercise of a power under the Act ; or\ndone by someone else authorised under the Act to do the act.\n(sec.137-ssec.1) A person must not enter or use a zoned marine park for a purpose for which an authority is required under section 136 unless the person has an authority to enter or use the park for that purpose. Maximum penalty— for a purpose involving taking natural or cultural resources in the marine park—165 penalty units; or for a purpose involving releasing an animal or plant in the marine park—165 penalty units; or for a purpose involving carrying out works or the construction of a structure in the marine park—165 penalty units; or for a purpose involving the dumping of a chemical, waste or other pollutant in the marine park—165 penalty units; or for another purpose—80 penalty units. See also section 44 of the Act .\n(sec.137-ssec.2) If the chief executive makes the entry or use under the authority subject to conditions, the person must comply with the conditions. Maximum penalty—80 penalty units.\n(sec.137-ssec.3) Subsection (1) does not apply to an act— done by an authorised person in the performance of a function or exercise of a power under the Act ; or done by someone else authorised under the Act to do the act.\n- (a) for a purpose involving taking natural or cultural resources in the marine park—165 penalty units; or\n- (b) for a purpose involving releasing an animal or plant in the marine park—165 penalty units; or\n- (c) for a purpose involving carrying out works or the construction of a structure in the marine park—165 penalty units; or\n- (d) for a purpose involving the dumping of a chemical, waste or other pollutant in the marine park—165 penalty units; or\n- (e) for another purpose—80 penalty units.\n- (a) done by an authorised person in the performance of a function or exercise of a power under the Act ; or\n- (b) done by someone else authorised under the Act to do the act.","sortOrder":169},{"sectionNumber":"sec.138","sectionType":"section","heading":"Entry or use requiring notice","content":"### sec.138 Entry or use requiring notice\n\nA person required under the Act to give the chief executive a notice before entering or using a zoned marine park for a particular purpose must not enter or use the marine park for the purpose without giving the notice.\nMaximum penalty—165 penalty units.\nSee also section 45 of the Act .\nFor the requirement to give the chief executive a notice before entering or using a zoned marine park for a particular purpose, see—\nfor the GBR Coast Marine Park—the Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004 , section 90 ; or\nfor the Great Sandy Marine Park—the Marine Parks (Great Sandy) Zoning Plan 2024 , section 68 ; or\nfor the Moreton Bay Marine Park—the Marine Parks (Moreton Bay) Zoning Plan 2019 , section 66 .\ns 138 amd 2019 SL No. 176 s 10 ; 2024 SL No. 25 s 31\n- 1 See also section 45 of the Act .\n- 2 For the requirement to give the chief executive a notice before entering or using a zoned marine park for a particular purpose, see— (a) for the GBR Coast Marine Park—the Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004 , section 90 ; or (b) for the Great Sandy Marine Park—the Marine Parks (Great Sandy) Zoning Plan 2024 , section 68 ; or (c) for the Moreton Bay Marine Park—the Marine Parks (Moreton Bay) Zoning Plan 2019 , section 66 .\n- (a) for the GBR Coast Marine Park—the Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004 , section 90 ; or\n- (b) for the Great Sandy Marine Park—the Marine Parks (Great Sandy) Zoning Plan 2024 , section 68 ; or\n- (c) for the Moreton Bay Marine Park—the Marine Parks (Moreton Bay) Zoning Plan 2019 , section 66 .\n- (a) for the GBR Coast Marine Park—the Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004 , section 90 ; or\n- (b) for the Great Sandy Marine Park—the Marine Parks (Great Sandy) Zoning Plan 2024 , section 68 ; or\n- (c) for the Moreton Bay Marine Park—the Marine Parks (Moreton Bay) Zoning Plan 2019 , section 66 .","sortOrder":170},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Unzoned marine parks","content":"## Unzoned marine parks","sortOrder":171},{"sectionNumber":"sec.139","sectionType":"section","heading":"Purpose for which authority required","content":"### sec.139 Purpose for which authority required\n\nThis section states a purpose for which an authority is required to enter or use an unzoned marine park for the following—\nsection 44 of the Act ;\nsection 140 .\nThe conducting of a major impact activity is a purpose for which an authority is required to enter or use an unzoned marine park, other than if the major impact activity—\nis conducted for a purpose for which a person may enter or use an unzoned marine park under subdivision 2 or 3 ; or\nis conducted for a purpose for which the person is authorised to enter or use the unzoned marine park under an accredited instrument; or\nis authorised to be conducted by the person under an accredited authorisation process or accredited management arrangement and the person complies with the conditions imposed by the chief executive on the conduct of the activity under the process or arrangement.\n(sec.139-ssec.1) This section states a purpose for which an authority is required to enter or use an unzoned marine park for the following— section 44 of the Act ; section 140 .\n(sec.139-ssec.2) The conducting of a major impact activity is a purpose for which an authority is required to enter or use an unzoned marine park, other than if the major impact activity— is conducted for a purpose for which a person may enter or use an unzoned marine park under subdivision 2 or 3 ; or is conducted for a purpose for which the person is authorised to enter or use the unzoned marine park under an accredited instrument; or is authorised to be conducted by the person under an accredited authorisation process or accredited management arrangement and the person complies with the conditions imposed by the chief executive on the conduct of the activity under the process or arrangement.\n- (a) section 44 of the Act ;\n- (b) section 140 .\n- (a) is conducted for a purpose for which a person may enter or use an unzoned marine park under subdivision 2 or 3 ; or\n- (b) is conducted for a purpose for which the person is authorised to enter or use the unzoned marine park under an accredited instrument; or\n- (c) is authorised to be conducted by the person under an accredited authorisation process or accredited management arrangement and the person complies with the conditions imposed by the chief executive on the conduct of the activity under the process or arrangement.","sortOrder":172},{"sectionNumber":"sec.140","sectionType":"section","heading":"Entry or use without an authority","content":"### sec.140 Entry or use without an authority\n\nA person must not enter or use an unzoned marine park for a particular purpose unless the person has an authority to enter or use the park for that purpose.\nMaximum penalty—\nfor a purpose involving taking natural or cultural resources in the marine park—165 penalty units; or\nfor a purpose involving releasing an animal or plant in the marine park—165 penalty units; or\nfor a purpose involving carrying out works or the construction of a structure in the marine park—165 penalty units; or\nfor a purpose involving the dumping of a chemical, waste or other pollutant in the marine park—165 penalty units; or\nfor another purpose—80 penalty units.\nSee also section 44 of the Act .\nIf the chief executive makes the entry or use under the authority subject to conditions, the person must comply with the conditions.\nMaximum penalty—80 penalty units.\nSubsection (1) does not apply to an act—\ndone by an authorised person in the performance of a function or exercise of a power under the Act ; or\ndone by someone else authorised under the Act to do the act.\n(sec.140-ssec.1) A person must not enter or use an unzoned marine park for a particular purpose unless the person has an authority to enter or use the park for that purpose. Maximum penalty— for a purpose involving taking natural or cultural resources in the marine park—165 penalty units; or for a purpose involving releasing an animal or plant in the marine park—165 penalty units; or for a purpose involving carrying out works or the construction of a structure in the marine park—165 penalty units; or for a purpose involving the dumping of a chemical, waste or other pollutant in the marine park—165 penalty units; or for another purpose—80 penalty units. See also section 44 of the Act .\n(sec.140-ssec.2) If the chief executive makes the entry or use under the authority subject to conditions, the person must comply with the conditions. Maximum penalty—80 penalty units.\n(sec.140-ssec.3) Subsection (1) does not apply to an act— done by an authorised person in the performance of a function or exercise of a power under the Act ; or done by someone else authorised under the Act to do the act.\n- (a) for a purpose involving taking natural or cultural resources in the marine park—165 penalty units; or\n- (b) for a purpose involving releasing an animal or plant in the marine park—165 penalty units; or\n- (c) for a purpose involving carrying out works or the construction of a structure in the marine park—165 penalty units; or\n- (d) for a purpose involving the dumping of a chemical, waste or other pollutant in the marine park—165 penalty units; or\n- (e) for another purpose—80 penalty units.\n- (a) done by an authorised person in the performance of a function or exercise of a power under the Act ; or\n- (b) done by someone else authorised under the Act to do the act.","sortOrder":173},{"sectionNumber":"sec.141","sectionType":"section","heading":"Object of subdivision","content":"### sec.141 Object of subdivision\n\nThe object of this subdivision is to state purposes for which a person may enter or use an unzoned marine park, or a part of an unzoned marine park, for conducting a major impact activity without an authority or a notice to the chief executive (a notification ).","sortOrder":174},{"sectionNumber":"sec.142","sectionType":"section","heading":"Entry or use in emergency","content":"### sec.142 Entry or use in emergency\n\nA person may, without an authority or a notification, enter or use an unzoned marine park for conducting an activity in an emergency for any of the following purposes—\nto investigate and respond to the emergency;\nto save human life or avoid the risk of injury to a person;\nto locate or secure the safety of an aircraft, vessel or structure that is, or may be, endangered by the weather or a navigational or operational hazard;\nto carry out repairs to an aid to navigation;\nto deal with a threat of pollution to the marine environment under—\na Commonwealth law; or\na national emergency response arrangement in which the chief executive participates;\nto remove or salvage, under an Act or a law of the Commonwealth, an aircraft or vessel, or a part of an aircraft or vessel, or another thing, that is wrecked, stranded, sunk or abandoned and poses a threat to the marine environment or human safety.\n- (a) to investigate and respond to the emergency;\n- (b) to save human life or avoid the risk of injury to a person;\n- (c) to locate or secure the safety of an aircraft, vessel or structure that is, or may be, endangered by the weather or a navigational or operational hazard;\n- (d) to carry out repairs to an aid to navigation;\n- (e) to deal with a threat of pollution to the marine environment under— (i) a Commonwealth law; or (ii) a national emergency response arrangement in which the chief executive participates;\n- (i) a Commonwealth law; or\n- (ii) a national emergency response arrangement in which the chief executive participates;\n- (f) to remove or salvage, under an Act or a law of the Commonwealth, an aircraft or vessel, or a part of an aircraft or vessel, or another thing, that is wrecked, stranded, sunk or abandoned and poses a threat to the marine environment or human safety.\n- (i) a Commonwealth law; or\n- (ii) a national emergency response arrangement in which the chief executive participates;","sortOrder":175},{"sectionNumber":"sec.143","sectionType":"section","heading":"Entry or use for undertaking functions under Commonwealth Act","content":"### sec.143 Entry or use for undertaking functions under Commonwealth Act\n\nA person may, without an authority or a notification, enter or use an unzoned marine park for conducting an activity necessary for the performance of a function or the exercise of a power under the Commonwealth Act if the person is authorised to perform the function or exercise the power under that Act.","sortOrder":176},{"sectionNumber":"sec.144","sectionType":"section","heading":"Entry or use for law enforcement","content":"### sec.144 Entry or use for law enforcement\n\nA person may, without an authority or a notification, enter or use an unzoned marine park for conducting an activity necessary for the enforcement of an Act or a law of the Commonwealth if the person is authorised under an Act or a law of the Commonwealth to conduct the activity.","sortOrder":177},{"sectionNumber":"sec.145","sectionType":"section","heading":"Object of subdivision","content":"### sec.145 Object of subdivision\n\nThe object of this subdivision is to state additional purposes for which a person may enter or use an unzoned marine park for conducting a major impact activity without an authority.\nHowever, a person intending to enter or use an unzoned marine park for a purpose mentioned in this subdivision must give the chief executive a notice stating the person intends to enter or use the marine park for the purpose.\nThe chief executive may, on receiving the notice, impose conditions on the entry or use.\n(sec.145-ssec.1) The object of this subdivision is to state additional purposes for which a person may enter or use an unzoned marine park for conducting a major impact activity without an authority.\n(sec.145-ssec.2) However, a person intending to enter or use an unzoned marine park for a purpose mentioned in this subdivision must give the chief executive a notice stating the person intends to enter or use the marine park for the purpose.\n(sec.145-ssec.3) The chief executive may, on receiving the notice, impose conditions on the entry or use.","sortOrder":178},{"sectionNumber":"sec.146","sectionType":"section","heading":"Entry or use to remove or salvage aircraft or vessel","content":"### sec.146 Entry or use to remove or salvage aircraft or vessel\n\nA person may, without an authority, enter or use an unzoned marine park for conducting a non-emergency activity that is for the removal or salvage, under an Act or a law of the Commonwealth, of an aircraft or vessel, or a part of an aircraft or vessel, or another thing, that is wrecked, stranded, sunk or abandoned.\nThis section does not apply to a vessel, or a part of a vessel, that is an historic shipwreck.\nIn this section—\nhistoric shipwreck see the Historic Shipwrecks Act 1976 (Cwlth) , section 3 .\n(sec.146-ssec.1) A person may, without an authority, enter or use an unzoned marine park for conducting a non-emergency activity that is for the removal or salvage, under an Act or a law of the Commonwealth, of an aircraft or vessel, or a part of an aircraft or vessel, or another thing, that is wrecked, stranded, sunk or abandoned.\n(sec.146-ssec.2) This section does not apply to a vessel, or a part of a vessel, that is an historic shipwreck.\n(sec.146-ssec.3) In this section— historic shipwreck see the Historic Shipwrecks Act 1976 (Cwlth) , section 3 .","sortOrder":179},{"sectionNumber":"sec.147","sectionType":"section","heading":"Entry or use to remove property under particular instruments","content":"### sec.147 Entry or use to remove property under particular instruments\n\nA person may, without an authority, enter or use an unzoned marine park for the removal of property in compliance with—\na written direction, notice, order or other instrument, given under an Act or a law of the Commonwealth, requiring the person to whom it is given to remove the person’s property from a marine park; or\na compliance notice, enforcement order or interim enforcement order under the Act\nan order under the Great Barrier Reef Marine Park Regulations 1983 (Cwlth) , section 94\nan agreement, entered into under a condition of a permission or other authority granted under an Act or a law of the Commonwealth, under which a person agrees to remove the person’s property from a marine park.\ndeed of agreement entered into under a condition of a Commonwealth permission\n- (a) a written direction, notice, order or other instrument, given under an Act or a law of the Commonwealth, requiring the person to whom it is given to remove the person’s property from a marine park; or Examples for paragraph (a) — • a compliance notice, enforcement order or interim enforcement order under the Act • an order under the Great Barrier Reef Marine Park Regulations 1983 (Cwlth) , section 94\n- • a compliance notice, enforcement order or interim enforcement order under the Act\n- • an order under the Great Barrier Reef Marine Park Regulations 1983 (Cwlth) , section 94\n- (b) an agreement, entered into under a condition of a permission or other authority granted under an Act or a law of the Commonwealth, under which a person agrees to remove the person’s property from a marine park. Example of paragraph (b) — deed of agreement entered into under a condition of a Commonwealth permission\n- • a compliance notice, enforcement order or interim enforcement order under the Act\n- • an order under the Great Barrier Reef Marine Park Regulations 1983 (Cwlth) , section 94","sortOrder":180},{"sectionNumber":"sec.148","sectionType":"section","heading":"Entry or use for defence activity","content":"### sec.148 Entry or use for defence activity\n\nA person may, without an authority, enter or use an unzoned marine park for conducting an activity for defence purposes by or for any of the following—\nthe Australian Defence Force;\nan arm of the defence forces of a foreign country if the arm is in Australia with the approval of the Commonwealth;\nthe Commonwealth Department of Defence or an entity authorised by that department to conduct an activity.\n- (a) the Australian Defence Force;\n- (b) an arm of the defence forces of a foreign country if the arm is in Australia with the approval of the Commonwealth;\n- (c) the Commonwealth Department of Defence or an entity authorised by that department to conduct an activity.","sortOrder":181},{"sectionNumber":"sec.149","sectionType":"section","heading":"Entry or use for essential public services","content":"### sec.149 Entry or use for essential public services\n\nA person may, without an authority, enter or use an unzoned marine park for carrying out urgent maintenance or works for an essential public service if the maintenance or works is authorised under an Act or a law of the Commonwealth.\nIn this section—\nessential public service means an existing service provided for the public by the State, a local government or the Commonwealth, including, for example, a power, water, sewerage or communications system.\n(sec.149-ssec.1) A person may, without an authority, enter or use an unzoned marine park for carrying out urgent maintenance or works for an essential public service if the maintenance or works is authorised under an Act or a law of the Commonwealth.\n(sec.149-ssec.2) In this section— essential public service means an existing service provided for the public by the State, a local government or the Commonwealth, including, for example, a power, water, sewerage or communications system.","sortOrder":182},{"sectionNumber":"sec.150","sectionType":"section","heading":"Entry or use in particular emergencies","content":"### sec.150 Entry or use in particular emergencies\n\nA person may, without an authority, enter or use an unzoned marine park for dealing with an emergency involving a threat to the environment, other than a threat mentioned in section 142 (e) or (f) .\nThis section does not apply to a public authority to which section 144 of the Act applies.\n(sec.150-ssec.1) A person may, without an authority, enter or use an unzoned marine park for dealing with an emergency involving a threat to the environment, other than a threat mentioned in section 142 (e) or (f) .\n(sec.150-ssec.2) This section does not apply to a public authority to which section 144 of the Act applies.","sortOrder":183},{"sectionNumber":"sec.151","sectionType":"section","heading":"Entry or use requiring notice","content":"### sec.151 Entry or use requiring notice\n\nA person required under the Act to give the chief executive a notice before entering or using an unzoned marine park for a particular purpose must not enter or use the marine park for the purpose without giving the notice.\nMaximum penalty—165 penalty units.\nSee also section 45 of the Act .","sortOrder":184},{"sectionNumber":"pt.8","sectionType":"part","heading":"Offences about fires, vehicles, vessels, animals etc. in marine parks","content":"# Offences about fires, vehicles, vessels, animals etc. in marine parks","sortOrder":185},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Fires in marine parks","content":"## Fires in marine parks","sortOrder":186},{"sectionNumber":"sec.152","sectionType":"section","heading":"Unlawful lighting of fires","content":"### sec.152 Unlawful lighting of fires\n\nA person must not light a fire in a marine park, or a part of a marine park, if lighting a fire, or a fire of that type, is prohibited in the marine park or part by—\na regulatory notice; or\na condition of an authority held by the person; or\na condition of a commercial activity agreement to which the person is a party.\nMaximum penalty—165 penalty units.\nA person must not light, keep or use a fire on tidal land that is—\nwithin the GBR Coast Marine Park; and\nadjacent to the Capricornia Cays National Park or the Whitsunday Islands National Park.\nFor a description of a national park, see the Nature Conservation (Protected Areas) Regulation 1994 .\nMaximum penalty—165 penalty units.\nThis section does not apply to a person lighting or using a specified cooking or heating appliance or lighting or smoking a smoking product if the person takes reasonable steps to ensure the lighting, using or smoking does not result in damage to—\na natural or cultural resource in the marine park; or\nproperty, other than property owned by the person, in the marine park.\nIn this section—\nsmoking product see the Tobacco and Other Smoking Products Act 1998 , section 88 .\ns 152 amd 2023 SL No. 82 s 14 sch 1 ; 2021 SL No. 111 s 18 (amd 2023 SL No. 82 s 13 )\n(sec.152-ssec.1) A person must not light a fire in a marine park, or a part of a marine park, if lighting a fire, or a fire of that type, is prohibited in the marine park or part by— a regulatory notice; or a condition of an authority held by the person; or a condition of a commercial activity agreement to which the person is a party. Maximum penalty—165 penalty units.\n(sec.152-ssec.2) A person must not light, keep or use a fire on tidal land that is— within the GBR Coast Marine Park; and adjacent to the Capricornia Cays National Park or the Whitsunday Islands National Park. For a description of a national park, see the Nature Conservation (Protected Areas) Regulation 1994 . Maximum penalty—165 penalty units.\n(sec.152-ssec.3) This section does not apply to a person lighting or using a specified cooking or heating appliance or lighting or smoking a smoking product if the person takes reasonable steps to ensure the lighting, using or smoking does not result in damage to— a natural or cultural resource in the marine park; or property, other than property owned by the person, in the marine park.\n(sec.152-ssec.4) In this section— smoking product see the Tobacco and Other Smoking Products Act 1998 , section 88 .\n- (a) a regulatory notice; or\n- (b) a condition of an authority held by the person; or\n- (c) a condition of a commercial activity agreement to which the person is a party.\n- (a) within the GBR Coast Marine Park; and\n- (b) adjacent to the Capricornia Cays National Park or the Whitsunday Islands National Park. Note— For a description of a national park, see the Nature Conservation (Protected Areas) Regulation 1994 .\n- (a) a natural or cultural resource in the marine park; or\n- (b) property, other than property owned by the person, in the marine park.","sortOrder":187},{"sectionNumber":"sec.153","sectionType":"section","heading":"Unattended fires","content":"### sec.153 Unattended fires\n\nA person who lights or assumes control of a fire in a marine park must put out the fire before leaving the fire.\nMaximum penalty—165 penalty units.\nSubsection (1) does not apply if another person assumes control of the fire before the person mentioned in subsection (1) leaves the fire.\n(sec.153-ssec.1) A person who lights or assumes control of a fire in a marine park must put out the fire before leaving the fire. Maximum penalty—165 penalty units.\n(sec.153-ssec.2) Subsection (1) does not apply if another person assumes control of the fire before the person mentioned in subsection (1) leaves the fire.","sortOrder":188},{"sectionNumber":"sec.154","sectionType":"section","heading":"Unauthorised things relating to fires","content":"### sec.154 Unauthorised things relating to fires\n\nA person must not deposit any of the following in a marine park—\na lit match, pipe, cigar, cigarette or tobacco;\nhot ashes;\na burning or smouldering substance;\na substance or device that ignites on impact or by spontaneous combustion.\nMaximum penalty—165 penalty units.\nSubsection (1) does not apply to a person depositing a thing mentioned in subsection (1) for—\nlighting or using a specified cooking or heating appliance; or\nlighting a barbecue or fireplace provided by the chief executive; or\nif a barbecue or fireplace is not provided by the chief executive for the marine park—lighting a fire in a place that is more than 2m from flammable material.\nA person must not deposit non-combustible material in a fire in a marine park.\ncan, bottle, brick, piece of steel\nMaximum penalty for subsection (3) —50 penalty units.\n(sec.154-ssec.1) A person must not deposit any of the following in a marine park— a lit match, pipe, cigar, cigarette or tobacco; hot ashes; a burning or smouldering substance; a substance or device that ignites on impact or by spontaneous combustion. Maximum penalty—165 penalty units.\n(sec.154-ssec.2) Subsection (1) does not apply to a person depositing a thing mentioned in subsection (1) for— lighting or using a specified cooking or heating appliance; or lighting a barbecue or fireplace provided by the chief executive; or if a barbecue or fireplace is not provided by the chief executive for the marine park—lighting a fire in a place that is more than 2m from flammable material.\n(sec.154-ssec.3) A person must not deposit non-combustible material in a fire in a marine park. can, bottle, brick, piece of steel Maximum penalty for subsection (3) —50 penalty units.\n- (a) a lit match, pipe, cigar, cigarette or tobacco;\n- (b) hot ashes;\n- (c) a burning or smouldering substance;\n- (d) a substance or device that ignites on impact or by spontaneous combustion.\n- (a) lighting or using a specified cooking or heating appliance; or\n- (b) lighting a barbecue or fireplace provided by the chief executive; or\n- (c) if a barbecue or fireplace is not provided by the chief executive for the marine park—lighting a fire in a place that is more than 2m from flammable material.","sortOrder":189},{"sectionNumber":"sec.155","sectionType":"section","heading":"Inspector powers in relation to fires","content":"### sec.155 Inspector powers in relation to fires\n\nIf an inspector reasonably believes a fire in a marine park is, or may become, a hazard to the marine park or an adjacent area, or to a person or the property of a person, the inspector may—\ngive the person apparently in charge of the fire an oral or written direction to put the fire out or lower its intensity to a reasonable level; or\nput out the fire.\na prevailing strong wind appears likely to carry windborne embers away from the fire\nA person given a direction under subsection (1) (a) must comply with the direction.\nMaximum penalty—165 penalty units.\n(sec.155-ssec.1) If an inspector reasonably believes a fire in a marine park is, or may become, a hazard to the marine park or an adjacent area, or to a person or the property of a person, the inspector may— give the person apparently in charge of the fire an oral or written direction to put the fire out or lower its intensity to a reasonable level; or put out the fire. a prevailing strong wind appears likely to carry windborne embers away from the fire\n(sec.155-ssec.2) A person given a direction under subsection (1) (a) must comply with the direction. Maximum penalty—165 penalty units.\n- (a) give the person apparently in charge of the fire an oral or written direction to put the fire out or lower its intensity to a reasonable level; or\n- (b) put out the fire.","sortOrder":190},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Using vehicles or vessels in marine parks","content":"## Using vehicles or vessels in marine parks","sortOrder":191},{"sectionNumber":"sec.156","sectionType":"section","heading":"Unlawfully bringing vehicle or vessel into marine park","content":"### sec.156 Unlawfully bringing vehicle or vessel into marine park\n\nA person must not bring a vehicle or vessel into a marine park, or a part of a marine park, if bringing the vehicle or vessel, or a vehicle or vessel of that type, into the marine park or part is prohibited under a regulatory notice.\nMaximum penalty—20 penalty units.","sortOrder":192},{"sectionNumber":"sec.157","sectionType":"section","heading":"Unlawfully using vehicle or vessel in marine park","content":"### sec.157 Unlawfully using vehicle or vessel in marine park\n\nA person must not use a vehicle or vessel in a marine park in a way that contravenes a regulatory notice.\nMaximum penalty—20 penalty units.\nIn this section—\nuse includes the following—\nfor a vehicle—to move or park the vehicle;\nfor a vessel—to move, anchor or moor the vessel.\n(sec.157-ssec.1) A person must not use a vehicle or vessel in a marine park in a way that contravenes a regulatory notice. Maximum penalty—20 penalty units.\n(sec.157-ssec.2) In this section— use includes the following— for a vehicle—to move or park the vehicle; for a vessel—to move, anchor or moor the vessel.\n- (a) for a vehicle—to move or park the vehicle;\n- (b) for a vessel—to move, anchor or moor the vessel.","sortOrder":193},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Animals in marine parks","content":"## Animals in marine parks","sortOrder":194},{"sectionNumber":"sec.158","sectionType":"section","heading":"Restriction on bringing domestic animals into marine park","content":"### sec.158 Restriction on bringing domestic animals into marine park\n\nA person must not bring a domestic animal into a marine park, or a part of a marine park, if bringing the animal, or an animal of that class, into the marine park or part is prohibited under a regulatory notice.\nMaximum penalty—20 penalty units.\nA person must not bring a domestic animal onto tidal land that is—\nwithin the GBR Coast Marine Park and adjacent to a national park, to the extent the national park is not located on the mainland; or\nwithin the Moreton Bay Marine Park and adjacent to a national park.\nMaximum penalty—20 penalty units.\nThis section does not apply if the animal—\nis kept, at all times, on board a vehicle, vessel or aircraft that is permitted to be in the marine park or part or on the tidal land; or\nis in the marine park or part, or on the tidal land, under a tourism program; or\nis a support dog.\nIn this section—\nnational park means a national park, or a national park (scientific), under the Nature Conservation Act 1992 but does not include a special management area (controlled action) to allow activities of the type, or for the purpose, stated in section 17 (1A) (a) of that Act.\nsupport dog means an assistance dog, guide dog, hearing dog or trainee support dog under the Guide, Hearing and Assistance Dogs Act 2009 , schedule 4 .\ntourism program means an activity, whether consisting of a single act or a series of acts, that—\nis carried out in the course of carrying on business; and\nis, or includes, the provision of transport, accommodation or services for tourists or for persons who include tourists.\n(sec.158-ssec.1) A person must not bring a domestic animal into a marine park, or a part of a marine park, if bringing the animal, or an animal of that class, into the marine park or part is prohibited under a regulatory notice. Maximum penalty—20 penalty units.\n(sec.158-ssec.2) A person must not bring a domestic animal onto tidal land that is— within the GBR Coast Marine Park and adjacent to a national park, to the extent the national park is not located on the mainland; or within the Moreton Bay Marine Park and adjacent to a national park. Maximum penalty—20 penalty units.\n(sec.158-ssec.3) This section does not apply if the animal— is kept, at all times, on board a vehicle, vessel or aircraft that is permitted to be in the marine park or part or on the tidal land; or is in the marine park or part, or on the tidal land, under a tourism program; or is a support dog.\n(sec.158-ssec.4) In this section— national park means a national park, or a national park (scientific), under the Nature Conservation Act 1992 but does not include a special management area (controlled action) to allow activities of the type, or for the purpose, stated in section 17 (1A) (a) of that Act. support dog means an assistance dog, guide dog, hearing dog or trainee support dog under the Guide, Hearing and Assistance Dogs Act 2009 , schedule 4 . tourism program means an activity, whether consisting of a single act or a series of acts, that— is carried out in the course of carrying on business; and is, or includes, the provision of transport, accommodation or services for tourists or for persons who include tourists.\n- (a) within the GBR Coast Marine Park and adjacent to a national park, to the extent the national park is not located on the mainland; or\n- (b) within the Moreton Bay Marine Park and adjacent to a national park.\n- (a) is kept, at all times, on board a vehicle, vessel or aircraft that is permitted to be in the marine park or part or on the tidal land; or\n- (b) is in the marine park or part, or on the tidal land, under a tourism program; or\n- (c) is a support dog.\n- (a) is carried out in the course of carrying on business; and\n- (b) is, or includes, the provision of transport, accommodation or services for tourists or for persons who include tourists.","sortOrder":195},{"sectionNumber":"sec.159","sectionType":"section","heading":"Unlawfully feeding native animals","content":"### sec.159 Unlawfully feeding native animals\n\nA person must not feed a native animal in a marine park if a regulatory notice prohibits the feeding of the animal.\nMaximum penalty—40 penalty units.\nSubsection (1) does not apply to—\nan authorised person performing a function or exercising a power under the Act ; or\na person who feeds a native animal under an authority that authorises the feeding.\n(sec.159-ssec.1) A person must not feed a native animal in a marine park if a regulatory notice prohibits the feeding of the animal. Maximum penalty—40 penalty units.\n(sec.159-ssec.2) Subsection (1) does not apply to— an authorised person performing a function or exercising a power under the Act ; or a person who feeds a native animal under an authority that authorises the feeding.\n- (a) an authorised person performing a function or exercising a power under the Act ; or\n- (b) a person who feeds a native animal under an authority that authorises the feeding.","sortOrder":196},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":"Other conduct in marine park","content":"## Other conduct in marine park","sortOrder":197},{"sectionNumber":"sec.160","sectionType":"section","heading":"Depositing litter in marine park","content":"### sec.160 Depositing litter in marine park\n\nA person must not deposit litter in a marine park.\nMaximum penalty—20 penalty units.","sortOrder":198},{"sectionNumber":"sec.161","sectionType":"section","heading":"Unauthorised use of generators, compressors or motors","content":"### sec.161 Unauthorised use of generators, compressors or motors\n\nA person must not use a generator, compressor or other similar engine or motor in a marine park, or a part of a marine park, if the use is prohibited in the marine park or part by a regulatory notice.\nMaximum penalty—50 penalty units.\nA person does not commit an offence under subsection (1) if—\nthe person uses a generator to operate a device for the treatment of a person’s medical condition; and\nthe generator does not emit a noise of more than 65dB(A) when measured 7 metres from the generator.\nIn this section—\nmedical condition , of a person, means a medical condition for which the person has a medical certificate or other document issued by a doctor stating that the person has the condition.\n(sec.161-ssec.1) A person must not use a generator, compressor or other similar engine or motor in a marine park, or a part of a marine park, if the use is prohibited in the marine park or part by a regulatory notice. Maximum penalty—50 penalty units.\n(sec.161-ssec.2) A person does not commit an offence under subsection (1) if— the person uses a generator to operate a device for the treatment of a person’s medical condition; and the generator does not emit a noise of more than 65dB(A) when measured 7 metres from the generator.\n(sec.161-ssec.3) In this section— medical condition , of a person, means a medical condition for which the person has a medical certificate or other document issued by a doctor stating that the person has the condition.\n- (a) the person uses a generator to operate a device for the treatment of a person’s medical condition; and\n- (b) the generator does not emit a noise of more than 65dB(A) when measured 7 metres from the generator.","sortOrder":199},{"sectionNumber":"sec.162","sectionType":"section","heading":"Disturbance by radio, tape recorder or sound system","content":"### sec.162 Disturbance by radio, tape recorder or sound system\n\nA person must not use a radio, tape recorder or other sound or amplifier system in a way that may cause unreasonable disturbance to a person or animal in a marine park.\nMaximum penalty—50 penalty units.","sortOrder":200},{"sectionNumber":"sec.163","sectionType":"section","heading":"Using particular items for spearfishing","content":"### sec.163 Using particular items for spearfishing\n\nA person must not, in a marine park, use either of the following for spearfishing—\nan underwater breathing apparatus;\na power-head.\nMaximum penalty—100 penalty units.\nSubsection (1) (b) does not apply to a person using a power-head attached to a spear or spear gun for protecting the person or other persons from an attack by a shark.\nIn this section—\nexplosive see the Explosives Act 1999 , schedule 2 .\npower-head means a device that—\ncontains an explosive charge; and\nmay be attached to a spear or spear gun.\n(sec.163-ssec.1) A person must not, in a marine park, use either of the following for spearfishing— an underwater breathing apparatus; a power-head. Maximum penalty—100 penalty units.\n(sec.163-ssec.2) Subsection (1) (b) does not apply to a person using a power-head attached to a spear or spear gun for protecting the person or other persons from an attack by a shark.\n(sec.163-ssec.3) In this section— explosive see the Explosives Act 1999 , schedule 2 . power-head means a device that— contains an explosive charge; and may be attached to a spear or spear gun.\n- (a) an underwater breathing apparatus;\n- (b) a power-head.\n- (a) contains an explosive charge; and\n- (b) may be attached to a spear or spear gun.","sortOrder":201},{"sectionNumber":"sec.164","sectionType":"section","heading":"General misconduct","content":"### sec.164 General misconduct\n\nA person in a marine park must not, unless the person has a reasonable excuse—\nbe disorderly or create a disturbance; or\ndo anything that interferes, or is likely to interfere, with the safety or health of the person or someone else in the marine park.\nMaximum penalty—50 penalty units.\nA person in a marine park must not, unless the person has a reasonable excuse—\nrestrict access to, for example, by cordoning off, a part of the marine park; or\nclaim to have an exclusive right to use a part of the marine park.\nMaximum penalty—50 penalty units.\nSubsection (2) does not apply to a person who restricts access to a part of a marine park under an authority or a commercial activity agreement that authorises the person to restrict the access.\n(sec.164-ssec.1) A person in a marine park must not, unless the person has a reasonable excuse— be disorderly or create a disturbance; or do anything that interferes, or is likely to interfere, with the safety or health of the person or someone else in the marine park. Maximum penalty—50 penalty units.\n(sec.164-ssec.2) A person in a marine park must not, unless the person has a reasonable excuse— restrict access to, for example, by cordoning off, a part of the marine park; or claim to have an exclusive right to use a part of the marine park. Maximum penalty—50 penalty units.\n(sec.164-ssec.3) Subsection (2) does not apply to a person who restricts access to a part of a marine park under an authority or a commercial activity agreement that authorises the person to restrict the access.\n- (a) be disorderly or create a disturbance; or\n- (b) do anything that interferes, or is likely to interfere, with the safety or health of the person or someone else in the marine park.\n- (a) restrict access to, for example, by cordoning off, a part of the marine park; or\n- (b) claim to have an exclusive right to use a part of the marine park.","sortOrder":202},{"sectionNumber":"pt.9","sectionType":"part","heading":"Internal and external reviews","content":"# Internal and external reviews","sortOrder":203},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":204},{"sectionNumber":"sec.165","sectionType":"section","heading":"Review starts with internal review","content":"### sec.165 Review starts with internal review\n\nA person must not apply for an external review of a reviewable decision unless there has been an internal review of the decision.","sortOrder":205},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Internal review","content":"## Internal review","sortOrder":206},{"sectionNumber":"sec.166","sectionType":"section","heading":"Applying for an internal review","content":"### sec.166 Applying for an internal review\n\nAn application for internal review must—\nbe in the approved form; and\nbe made to the chief executive within 20 business days after—\nfor a reviewable decision for which an information notice is given—the day the person is given the information notice; or\nfor another decision—the day the person the subject of the decision is notified of the decision; and\ninclude enough information to enable the chief executive to decide the application.\nThe chief executive may extend the time for making an internal review application, including, for example, because—\nthe reviewable decision relates to a permission that forms part of a joint permission; and\na decision about the Commonwealth permission forming the other part of the joint permission is being reviewed under the Commonwealth Act; and\nthe outcome of the review of the decision about the Commonwealth permission is reasonably likely to affect the chief executive’s internal review decision.\nThe application must be dealt with only by a person who—\ndid not make the reviewable decision; and\nwho holds a more senior office than the person who made the reviewable decision.\nSubsection (3) —\napplies despite the Acts Interpretation Act 1954 , section 27A ; and\ndoes not apply to a reviewable decision made by the chief executive.\n(sec.166-ssec.1) An application for internal review must— be in the approved form; and be made to the chief executive within 20 business days after— for a reviewable decision for which an information notice is given—the day the person is given the information notice; or for another decision—the day the person the subject of the decision is notified of the decision; and include enough information to enable the chief executive to decide the application.\n(sec.166-ssec.2) The chief executive may extend the time for making an internal review application, including, for example, because— the reviewable decision relates to a permission that forms part of a joint permission; and a decision about the Commonwealth permission forming the other part of the joint permission is being reviewed under the Commonwealth Act; and the outcome of the review of the decision about the Commonwealth permission is reasonably likely to affect the chief executive’s internal review decision.\n(sec.166-ssec.3) The application must be dealt with only by a person who— did not make the reviewable decision; and who holds a more senior office than the person who made the reviewable decision.\n(sec.166-ssec.4) Subsection (3) — applies despite the Acts Interpretation Act 1954 , section 27A ; and does not apply to a reviewable decision made by the chief executive.\n- (a) be in the approved form; and\n- (b) be made to the chief executive within 20 business days after— (i) for a reviewable decision for which an information notice is given—the day the person is given the information notice; or (ii) for another decision—the day the person the subject of the decision is notified of the decision; and\n- (i) for a reviewable decision for which an information notice is given—the day the person is given the information notice; or\n- (ii) for another decision—the day the person the subject of the decision is notified of the decision; and\n- (c) include enough information to enable the chief executive to decide the application.\n- (i) for a reviewable decision for which an information notice is given—the day the person is given the information notice; or\n- (ii) for another decision—the day the person the subject of the decision is notified of the decision; and\n- (a) the reviewable decision relates to a permission that forms part of a joint permission; and\n- (b) a decision about the Commonwealth permission forming the other part of the joint permission is being reviewed under the Commonwealth Act; and\n- (c) the outcome of the review of the decision about the Commonwealth permission is reasonably likely to affect the chief executive’s internal review decision.\n- (a) did not make the reviewable decision; and\n- (b) who holds a more senior office than the person who made the reviewable decision.\n- (a) applies despite the Acts Interpretation Act 1954 , section 27A ; and\n- (b) does not apply to a reviewable decision made by the chief executive.","sortOrder":207},{"sectionNumber":"sec.167","sectionType":"section","heading":"Staying operation of reviewable decision","content":"### sec.167 Staying operation of reviewable decision\n\nAn application for an internal review does not stay the reviewable decision.\nHowever, the applicant may immediately apply, as provided under the QCAT Act , to QCAT for a stay of the reviewable decision.\nQCAT may stay the reviewable decision to secure the effectiveness of the internal review and any later application to QCAT for external review.\nThe stay—\nmay be given on conditions QCAT considers appropriate; and\noperates for the period fixed by QCAT; and\nmay be revoked or amended by QCAT.\nThe period of the stay must not extend past the time when the chief executive makes an internal review decision about the reviewable decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of the decision.\nThe internal review application affects the reviewable decision, or carrying out of the decision, only if the decision is stayed.\n(sec.167-ssec.1) An application for an internal review does not stay the reviewable decision.\n(sec.167-ssec.2) However, the applicant may immediately apply, as provided under the QCAT Act , to QCAT for a stay of the reviewable decision.\n(sec.167-ssec.3) QCAT may stay the reviewable decision to secure the effectiveness of the internal review and any later application to QCAT for external review.\n(sec.167-ssec.4) The stay— may be given on conditions QCAT considers appropriate; and operates for the period fixed by QCAT; and may be revoked or amended by QCAT.\n(sec.167-ssec.5) The period of the stay must not extend past the time when the chief executive makes an internal review decision about the reviewable decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of the decision.\n(sec.167-ssec.6) The internal review application affects the reviewable decision, or carrying out of the decision, only if the decision is stayed.\n- (a) may be given on conditions QCAT considers appropriate; and\n- (b) operates for the period fixed by QCAT; and\n- (c) may be revoked or amended by QCAT.","sortOrder":208},{"sectionNumber":"sec.168","sectionType":"section","heading":"Internal review decision","content":"### sec.168 Internal review decision\n\nSubject to subsection (2) , if the chief executive is satisfied the applicant has complied with section 166 (1) , the chief executive must, within 20 business days after receiving the application—\nreview the reviewable decision; and\nmake a decision (the internal review decision ) to—\nconfirm that reviewable decision; or\namend the reviewable decision; or\nsubstitute another decision for the reviewable decision.\nThe chief executive may, by notice given to the applicant, extend the period for making the internal review decision if—\nthe reviewable decision relates to a permission that forms part of a joint permission; and\na decision about the Commonwealth permission forming the other part of the joint permission is being reviewed under the Commonwealth Act; and\nthe outcome of the review of the decision about the Commonwealth permission is reasonably likely to affect the chief executive’s internal review.\nWithin 10 business days after making the internal review decision, if the decision is not the decision sought by the applicant, the chief executive must give the applicant a notice complying with the QCAT Act , section 157 (2) about the decision.\nIf the chief executive does not comply with subsection (1) or (3) , the chief executive is taken to have made a decision confirming the reviewable decision.\nFor the purpose of an application to QCAT for external review—\nif the internal review decision confirms the reviewable decision, the reviewable decision is taken to be the internal review decision; or\nif the internal review decision amends the reviewable decision, the reviewable decision as amended is taken to be the internal review decision.\n(sec.168-ssec.1) Subject to subsection (2) , if the chief executive is satisfied the applicant has complied with section 166 (1) , the chief executive must, within 20 business days after receiving the application— review the reviewable decision; and make a decision (the internal review decision ) to— confirm that reviewable decision; or amend the reviewable decision; or substitute another decision for the reviewable decision.\n(sec.168-ssec.2) The chief executive may, by notice given to the applicant, extend the period for making the internal review decision if— the reviewable decision relates to a permission that forms part of a joint permission; and a decision about the Commonwealth permission forming the other part of the joint permission is being reviewed under the Commonwealth Act; and the outcome of the review of the decision about the Commonwealth permission is reasonably likely to affect the chief executive’s internal review.\n(sec.168-ssec.3) Within 10 business days after making the internal review decision, if the decision is not the decision sought by the applicant, the chief executive must give the applicant a notice complying with the QCAT Act , section 157 (2) about the decision.\n(sec.168-ssec.4) If the chief executive does not comply with subsection (1) or (3) , the chief executive is taken to have made a decision confirming the reviewable decision.\n(sec.168-ssec.5) For the purpose of an application to QCAT for external review— if the internal review decision confirms the reviewable decision, the reviewable decision is taken to be the internal review decision; or if the internal review decision amends the reviewable decision, the reviewable decision as amended is taken to be the internal review decision.\n- (a) review the reviewable decision; and\n- (b) make a decision (the internal review decision ) to— (i) confirm that reviewable decision; or (ii) amend the reviewable decision; or (iii) substitute another decision for the reviewable decision.\n- (i) confirm that reviewable decision; or\n- (ii) amend the reviewable decision; or\n- (iii) substitute another decision for the reviewable decision.\n- (i) confirm that reviewable decision; or\n- (ii) amend the reviewable decision; or\n- (iii) substitute another decision for the reviewable decision.\n- (a) the reviewable decision relates to a permission that forms part of a joint permission; and\n- (b) a decision about the Commonwealth permission forming the other part of the joint permission is being reviewed under the Commonwealth Act; and\n- (c) the outcome of the review of the decision about the Commonwealth permission is reasonably likely to affect the chief executive’s internal review.\n- (a) if the internal review decision confirms the reviewable decision, the reviewable decision is taken to be the internal review decision; or\n- (b) if the internal review decision amends the reviewable decision, the reviewable decision as amended is taken to be the internal review decision.","sortOrder":209},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"External review by QCAT","content":"## External review by QCAT","sortOrder":210},{"sectionNumber":"sec.169","sectionType":"section","heading":"Who may apply","content":"### sec.169 Who may apply\n\nA person who is given, or is entitled to be given, a notice under section 168 (3) about a decision may apply, as provided under the QCAT Act , to QCAT for an external review of the decision.","sortOrder":211},{"sectionNumber":"sec.170","sectionType":"section","heading":"Extending time in which to apply","content":"### sec.170 Extending time in which to apply\n\nQCAT may extend the time for applying for external review if—\nthe internal review decision relates to a permission that forms part of a joint permission; and\na decision about the Commonwealth permission forming the other part of the joint permission is being reviewed under the Commonwealth Act, or has been reviewed and is the subject of an appeal under the Commonwealth Act; and\nthe outcome of the review or appeal under the Commonwealth Act is reasonably likely to affect the applicant’s decision about whether or not to pursue, or the chief executive’s decision about whether or not to defend, an application for external review under this division.\n- (a) the internal review decision relates to a permission that forms part of a joint permission; and\n- (b) a decision about the Commonwealth permission forming the other part of the joint permission is being reviewed under the Commonwealth Act, or has been reviewed and is the subject of an appeal under the Commonwealth Act; and\n- (c) the outcome of the review or appeal under the Commonwealth Act is reasonably likely to affect the applicant’s decision about whether or not to pursue, or the chief executive’s decision about whether or not to defend, an application for external review under this division.","sortOrder":212},{"sectionNumber":"pt.10","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":213},{"sectionNumber":"sec.171","sectionType":"section","heading":"Prescribed equipment for certificates— Act , s 128","content":"### sec.171 Prescribed equipment for certificates— Act , s 128\n\nFor section 128 (1) (a) of the Act , the following equipment is equipment for retrieving data sent from the monitoring system equipment for a stated aircraft or vessel—\nequipment that locates a signal coming from the monitoring system equipment for the stated aircraft or vessel;\nequipment that records and stores data received from the monitoring system equipment in a computer (a retrieval computer ), including the retrieval computer;\nequipment that enables the data from the monitoring system equipment stored in the retrieval computer to be retrieved from the computer for subsequent reference;\nother equipment that is used in connection with equipment mentioned in paragraphs (a) to (c) or otherwise as part of a system for monitoring the position and operation of the stated aircraft or vessel.\n- (a) equipment that locates a signal coming from the monitoring system equipment for the stated aircraft or vessel;\n- (b) equipment that records and stores data received from the monitoring system equipment in a computer (a retrieval computer ), including the retrieval computer;\n- (c) equipment that enables the data from the monitoring system equipment stored in the retrieval computer to be retrieved from the computer for subsequent reference;\n- (d) other equipment that is used in connection with equipment mentioned in paragraphs (a) to (c) or otherwise as part of a system for monitoring the position and operation of the stated aircraft or vessel.","sortOrder":214},{"sectionNumber":"pt.11","sectionType":"part","heading":"Fees","content":"# Fees","sortOrder":215},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"GBR Coast Marine Park","content":"## GBR Coast Marine Park","sortOrder":216},{"sectionNumber":"sec.172","sectionType":"section","heading":"Application of division","content":"### sec.172 Application of division\n\nThis division applies to permissions for the GBR Coast Marine Park.","sortOrder":217},{"sectionNumber":"sec.173","sectionType":"section","heading":"Fees payable generally","content":"### sec.173 Fees payable generally\n\nThis section applies to an application for a permission authorising the conduct of a commercial activity in the GBR Coast Marine Park if the applicant also conducts the commercial activity in the Commonwealth marine park.\nSubject to this division, the fee payable under the Act for an application for the permission is the amount worked out by—\nusing the formula stated in subsection (3) to work out an approximate fee; and\nrounding down to the nearest $10.\nIf after applying the formula under subsection (3) , the approximate fee is $1,216, the fee payable is $1,210.\nThe approximate fee is the amount worked out by using the following formula—\nwhere—\nA is the approximate fee payable.\nF is the fee stated for the activity in schedule 3 .\nCPI is the all groups consumer price index for Brisbane published by the Australian Statistician for the most recent financial year to end immediately before the calendar year in which the application is made.\n(sec.173-ssec.1) This section applies to an application for a permission authorising the conduct of a commercial activity in the GBR Coast Marine Park if the applicant also conducts the commercial activity in the Commonwealth marine park.\n(sec.173-ssec.2) Subject to this division, the fee payable under the Act for an application for the permission is the amount worked out by— using the formula stated in subsection (3) to work out an approximate fee; and rounding down to the nearest $10. If after applying the formula under subsection (3) , the approximate fee is $1,216, the fee payable is $1,210.\n(sec.173-ssec.3) The approximate fee is the amount worked out by using the following formula— where— A is the approximate fee payable. F is the fee stated for the activity in schedule 3 . CPI is the all groups consumer price index for Brisbane published by the Australian Statistician for the most recent financial year to end immediately before the calendar year in which the application is made.\n- (a) using the formula stated in subsection (3) to work out an approximate fee; and\n- (b) rounding down to the nearest $10. Example for paragraph (b) — If after applying the formula under subsection (3) , the approximate fee is $1,216, the fee payable is $1,210.","sortOrder":218},{"sectionNumber":"sec.174","sectionType":"section","heading":"Fee payable for permission for more than 1 activity","content":"### sec.174 Fee payable for permission for more than 1 activity\n\nThis section states the fee payable for an application for a permission to which section 173 applies if the permission authorises the conducting of more than 1 activity mentioned in schedule 3 .\nThe fee payable for the application is the higher or highest fee payable for the application under section 173 .\n(sec.174-ssec.1) This section states the fee payable for an application for a permission to which section 173 applies if the permission authorises the conducting of more than 1 activity mentioned in schedule 3 .\n(sec.174-ssec.2) The fee payable for the application is the higher or highest fee payable for the application under section 173 .","sortOrder":219},{"sectionNumber":"sec.175","sectionType":"section","heading":"No fee for joint permission if fee paid to Commonwealth","content":"### sec.175 No fee for joint permission if fee paid to Commonwealth\n\nThis section applies to an application for a permission that forms a part, or will form a part, of a joint permission if the applicant—\nhas also made an application for the Commonwealth permission that forms, or will form, the other part of the joint permission; and\nhas paid a fee for the application for the Commonwealth permission.\nNo fee is payable for the application for the permission under the Act .\n(sec.175-ssec.1) This section applies to an application for a permission that forms a part, or will form a part, of a joint permission if the applicant— has also made an application for the Commonwealth permission that forms, or will form, the other part of the joint permission; and has paid a fee for the application for the Commonwealth permission.\n(sec.175-ssec.2) No fee is payable for the application for the permission under the Act .\n- (a) has also made an application for the Commonwealth permission that forms, or will form, the other part of the joint permission; and\n- (b) has paid a fee for the application for the Commonwealth permission.","sortOrder":220},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Other marine parks","content":"## Other marine parks","sortOrder":221},{"sectionNumber":"sec.176","sectionType":"section","heading":"Application of division","content":"### sec.176 Application of division\n\nThis division applies to permissions for a marine park other than the GBR Coast Marine Park.","sortOrder":222},{"sectionNumber":"sec.177","sectionType":"section","heading":"Fees payable","content":"### sec.177 Fees payable\n\nThe fees payable under the Act for a permission to conduct a commercial whale watching program in a marine park other than the GBR Coast Marine Park are stated in schedule 4 .","sortOrder":223},{"sectionNumber":"sec.177A","sectionType":"section","heading":"Rounding of amounts expressed as numbers of fee units","content":"### sec.177A Rounding of amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\nFor the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded—\nif the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or\nif the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\nif the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or\nif the result is more than $500—to the nearest dollar (rounding one-half upwards).\ns 177A ins 2022 SL No. 17 s 16\n(sec.177A-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\n(sec.177A-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or if the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or if the result is more than $500—to the nearest dollar (rounding one-half upwards). s 177A ins 2022 SL No. 17 s 16\n- (a) if the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or\n- (b) if the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\n- (c) if the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or\n- (d) if the result is more than $500—to the nearest dollar (rounding one-half upwards).","sortOrder":224},{"sectionNumber":"pt.11-div.3","sectionType":"division","heading":"Waiver of fee","content":"## Waiver of fee","sortOrder":225},{"sectionNumber":"sec.178","sectionType":"section","heading":"Chief executive may waive fee in whole or part","content":"### sec.178 Chief executive may waive fee in whole or part\n\nThe chief executive may waive, in whole or in part, the payment of a fee payable under the Act for an application for a permission.\nWithout limiting subsection (1), the chief executive may waive the payment of a fee in whole or in part if—\nthe chief executive believes the application has required, or will require, a low level of assessment having regard to each of the following—\nthe number of hours, and number of persons, that will be involved in assessing the application;\nthe complexity of assessing the activity the subject of the application against the Act ;\nthe number of site inspections that will be required for assessing the application;\nwhether an environmental impact statement has been, or is required to be, prepared for the activity the subject of the application; or\nthe assessment of the application has been, or will be, conducted in coordination with an assessment carried out under another Act or a law of the Commonwealth.\n(sec.178-ssec.1) The chief executive may waive, in whole or in part, the payment of a fee payable under the Act for an application for a permission.\n(sec.178-ssec.2) Without limiting subsection (1), the chief executive may waive the payment of a fee in whole or in part if— the chief executive believes the application has required, or will require, a low level of assessment having regard to each of the following— the number of hours, and number of persons, that will be involved in assessing the application; the complexity of assessing the activity the subject of the application against the Act ; the number of site inspections that will be required for assessing the application; whether an environmental impact statement has been, or is required to be, prepared for the activity the subject of the application; or the assessment of the application has been, or will be, conducted in coordination with an assessment carried out under another Act or a law of the Commonwealth.\n- (a) the chief executive believes the application has required, or will require, a low level of assessment having regard to each of the following— (i) the number of hours, and number of persons, that will be involved in assessing the application; (ii) the complexity of assessing the activity the subject of the application against the Act ; (iii) the number of site inspections that will be required for assessing the application; (iv) whether an environmental impact statement has been, or is required to be, prepared for the activity the subject of the application; or\n- (i) the number of hours, and number of persons, that will be involved in assessing the application;\n- (ii) the complexity of assessing the activity the subject of the application against the Act ;\n- (iii) the number of site inspections that will be required for assessing the application;\n- (iv) whether an environmental impact statement has been, or is required to be, prepared for the activity the subject of the application; or\n- (b) the assessment of the application has been, or will be, conducted in coordination with an assessment carried out under another Act or a law of the Commonwealth.\n- (i) the number of hours, and number of persons, that will be involved in assessing the application;\n- (ii) the complexity of assessing the activity the subject of the application against the Act ;\n- (iii) the number of site inspections that will be required for assessing the application;\n- (iv) whether an environmental impact statement has been, or is required to be, prepared for the activity the subject of the application; or","sortOrder":226},{"sectionNumber":"pt.12","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":227},{"sectionNumber":"pt.12-div.1","sectionType":"division","heading":"Transitional provisions for SL No. 154 of 2017","content":"## Transitional provisions for SL No. 154 of 2017","sortOrder":228},{"sectionNumber":"sec.179","sectionType":"section","heading":"Definitions for division","content":"### sec.179 Definitions for division\n\nIn this division—\n2006 permission means a permission under previous section 16 for a marine park or part of a marine park.\ncorresponding provision , for a previous provision, means a provision of this regulation that is substantially the same as or equivalent to the previous provision.\nprevious , for a stated provision of the 2006 regulation, means the provision of the 2006 regulation with that number.\nprevious provision means a provision of the 2006 regulation.\ns 179 amd 2024 SL No. 25 s 33","sortOrder":229},{"sectionNumber":"sec.180","sectionType":"section","heading":"Existing 2006 permissions","content":"### sec.180 Existing 2006 permissions\n\nThis section applies to a 2006 permission in force immediately before the commencement.\nFrom the commencement, the 2006 permission—\ncontinues to have effect as a permission under this regulation for its remaining term unless it is earlier cancelled or surrendered; and\nis subject to the conditions to which it was subject immediately before the commencement; and\nif, immediately before the commencement, the permission was suspended under the 2006 regulation—continues to be subject to the suspension; and\nmay be amended, suspended, cancelled or surrendered under this regulation.\nSubsection (4) applies if a process for amending, suspending or cancelling a 2006 permission continued under subsection (2) was started but not finished under the 2006 regulation before the commencement.\nThe process may be continued and finished under this regulation.\n(sec.180-ssec.1) This section applies to a 2006 permission in force immediately before the commencement.\n(sec.180-ssec.2) From the commencement, the 2006 permission— continues to have effect as a permission under this regulation for its remaining term unless it is earlier cancelled or surrendered; and is subject to the conditions to which it was subject immediately before the commencement; and if, immediately before the commencement, the permission was suspended under the 2006 regulation—continues to be subject to the suspension; and may be amended, suspended, cancelled or surrendered under this regulation.\n(sec.180-ssec.3) Subsection (4) applies if a process for amending, suspending or cancelling a 2006 permission continued under subsection (2) was started but not finished under the 2006 regulation before the commencement.\n(sec.180-ssec.4) The process may be continued and finished under this regulation.\n- (a) continues to have effect as a permission under this regulation for its remaining term unless it is earlier cancelled or surrendered; and\n- (b) is subject to the conditions to which it was subject immediately before the commencement; and\n- (c) if, immediately before the commencement, the permission was suspended under the 2006 regulation—continues to be subject to the suspension; and\n- (d) may be amended, suspended, cancelled or surrendered under this regulation.","sortOrder":230},{"sectionNumber":"sec.181","sectionType":"section","heading":"Existing authorisation by holder of permission","content":"### sec.181 Existing authorisation by holder of permission\n\nThis section applies to an authorisation—\ngiven by the holder of a permission to another person under previous section 38; and\nin force immediately before the commencement.\nFrom the commencement, the authorisation continues to have effect as an authorisation given under section 43.\n(sec.181-ssec.1) This section applies to an authorisation— given by the holder of a permission to another person under previous section 38; and in force immediately before the commencement.\n(sec.181-ssec.2) From the commencement, the authorisation continues to have effect as an authorisation given under section 43.\n- (a) given by the holder of a permission to another person under previous section 38; and\n- (b) in force immediately before the commencement.","sortOrder":231},{"sectionNumber":"sec.182","sectionType":"section","heading":"Existing application relating to 2006 permission","content":"### sec.182 Existing application relating to 2006 permission\n\nThis section applies if—\nbefore the commencement a person applied for any of the following under the 2006 regulation—\na 2006 permission;\nan amendment of a 2006 permission;\na replacement of a 2006 permission;\na transfer of a 2006 permission; and\nat the commencement, the application had not been finally decided.\nThe application is taken to have been made under this regulation for the corresponding matter.\nAnything done in relation to the application under the 2006 regulation is taken to have been done in relation to the application under this regulation.\nIn this section—\ncorresponding matter means—\nfor a 2006 permission—a permission under this regulation of the same kind; or\nfor an amendment of a 2006 permission—an amendment of the 2006 permission as continued under section 180; or\nfor a replacement of a 2006 permission—a replacement of the 2006 permission as continued under section 180; or\nfor a transfer or a 2006 permission—a transfer of the 2006 permission as continued under section 180.\n(sec.182-ssec.1) This section applies if— before the commencement a person applied for any of the following under the 2006 regulation— a 2006 permission; an amendment of a 2006 permission; a replacement of a 2006 permission; a transfer of a 2006 permission; and at the commencement, the application had not been finally decided.\n(sec.182-ssec.2) The application is taken to have been made under this regulation for the corresponding matter.\n(sec.182-ssec.3) Anything done in relation to the application under the 2006 regulation is taken to have been done in relation to the application under this regulation.\n(sec.182-ssec.4) In this section— corresponding matter means— for a 2006 permission—a permission under this regulation of the same kind; or for an amendment of a 2006 permission—an amendment of the 2006 permission as continued under section 180; or for a replacement of a 2006 permission—a replacement of the 2006 permission as continued under section 180; or for a transfer or a 2006 permission—a transfer of the 2006 permission as continued under section 180.\n- (a) before the commencement a person applied for any of the following under the 2006 regulation— (i) a 2006 permission; (ii) an amendment of a 2006 permission; (iii) a replacement of a 2006 permission; (iv) a transfer of a 2006 permission; and\n- (i) a 2006 permission;\n- (ii) an amendment of a 2006 permission;\n- (iii) a replacement of a 2006 permission;\n- (iv) a transfer of a 2006 permission; and\n- (b) at the commencement, the application had not been finally decided.\n- (i) a 2006 permission;\n- (ii) an amendment of a 2006 permission;\n- (iii) a replacement of a 2006 permission;\n- (iv) a transfer of a 2006 permission; and\n- (a) for a 2006 permission—a permission under this regulation of the same kind; or\n- (b) for an amendment of a 2006 permission—an amendment of the 2006 permission as continued under section 180; or\n- (c) for a replacement of a 2006 permission—a replacement of the 2006 permission as continued under section 180; or\n- (d) for a transfer or a 2006 permission—a transfer of the 2006 permission as continued under section 180.","sortOrder":232},{"sectionNumber":"sec.183","sectionType":"section","heading":"Existing requirements or requests about 2006 permissions","content":"### sec.183 Existing requirements or requests about 2006 permissions\n\nThis section applies if—\nbefore the commencement—\na person was required to do something under previous section 12, 15, 33, 34, 47 or 69; or\na person was requested to do something under previous section 9 or 67; and\nat the commencement, the person had not done the thing, and the time for doing the thing had not ended.\nThe requirement or request is taken to have been made under the corresponding provision for the previous provision.\n(sec.183-ssec.1) This section applies if— before the commencement— a person was required to do something under previous section 12, 15, 33, 34, 47 or 69; or a person was requested to do something under previous section 9 or 67; and at the commencement, the person had not done the thing, and the time for doing the thing had not ended.\n(sec.183-ssec.2) The requirement or request is taken to have been made under the corresponding provision for the previous provision.\n- (a) before the commencement— (i) a person was required to do something under previous section 12, 15, 33, 34, 47 or 69; or (ii) a person was requested to do something under previous section 9 or 67; and\n- (i) a person was required to do something under previous section 12, 15, 33, 34, 47 or 69; or\n- (ii) a person was requested to do something under previous section 9 or 67; and\n- (b) at the commencement, the person had not done the thing, and the time for doing the thing had not ended.\n- (i) a person was required to do something under previous section 12, 15, 33, 34, 47 or 69; or\n- (ii) a person was requested to do something under previous section 9 or 67; and","sortOrder":233},{"sectionNumber":"sec.184","sectionType":"section","heading":"Existing commercial activity agreements","content":"### sec.184 Existing commercial activity agreements\n\nThis section applies to a commercial activity agreement in existence immediately before the commencement.\nFrom the commencement, the commercial activity agreement—\ncontinues to have effect as a commercial activity agreement under this regulation for its remaining term unless it is earlier cancelled; and\nis subject to the conditions to which it was subject immediately before the commencement; and\nmay be amended, suspended or cancelled under this regulation.\nSubsection (4) applies if a process for amending, suspending or cancelling a commercial activity agreement continued under subsection (2) was started but not finished under the 2006 regulation before the commencement.\nThe process may be finished under this regulation.\n(sec.184-ssec.1) This section applies to a commercial activity agreement in existence immediately before the commencement.\n(sec.184-ssec.2) From the commencement, the commercial activity agreement— continues to have effect as a commercial activity agreement under this regulation for its remaining term unless it is earlier cancelled; and is subject to the conditions to which it was subject immediately before the commencement; and may be amended, suspended or cancelled under this regulation.\n(sec.184-ssec.3) Subsection (4) applies if a process for amending, suspending or cancelling a commercial activity agreement continued under subsection (2) was started but not finished under the 2006 regulation before the commencement.\n(sec.184-ssec.4) The process may be finished under this regulation.\n- (a) continues to have effect as a commercial activity agreement under this regulation for its remaining term unless it is earlier cancelled; and\n- (b) is subject to the conditions to which it was subject immediately before the commencement; and\n- (c) may be amended, suspended or cancelled under this regulation.","sortOrder":234},{"sectionNumber":"sec.185","sectionType":"section","heading":"Existing application or submission of expression of interest relating to commercial activity agreement","content":"### sec.185 Existing application or submission of expression of interest relating to commercial activity agreement\n\nThis section applies if—\nbefore the commencement—\na person applied for a commercial activity agreement under the 2006 regulation; or\na person submitted an expression of interest for a commercial activity agreement under the 2006 regulation; and\nat the commencement, the application or submission had not been finally decided.\nThe application or submission is taken to have been made under this regulation for a commercial activity agreement.\nAnything done in relation to the application or submission under the 2006 regulation is taken to have been done in relation to the application or submission under this regulation.\n(sec.185-ssec.1) This section applies if— before the commencement— a person applied for a commercial activity agreement under the 2006 regulation; or a person submitted an expression of interest for a commercial activity agreement under the 2006 regulation; and at the commencement, the application or submission had not been finally decided.\n(sec.185-ssec.2) The application or submission is taken to have been made under this regulation for a commercial activity agreement.\n(sec.185-ssec.3) Anything done in relation to the application or submission under the 2006 regulation is taken to have been done in relation to the application or submission under this regulation.\n- (a) before the commencement— (i) a person applied for a commercial activity agreement under the 2006 regulation; or (ii) a person submitted an expression of interest for a commercial activity agreement under the 2006 regulation; and\n- (i) a person applied for a commercial activity agreement under the 2006 regulation; or\n- (ii) a person submitted an expression of interest for a commercial activity agreement under the 2006 regulation; and\n- (b) at the commencement, the application or submission had not been finally decided.\n- (i) a person applied for a commercial activity agreement under the 2006 regulation; or\n- (ii) a person submitted an expression of interest for a commercial activity agreement under the 2006 regulation; and","sortOrder":235},{"sectionNumber":"sec.186","sectionType":"section","heading":"Existing requests about commercial activity agreements","content":"### sec.186 Existing requests about commercial activity agreements\n\nThis section applies if—\nbefore the commencement a person was requested to do something under previous section 61, 67 or 69; and\nat the commencement, the person had not done the thing, and the time for doing the thing had not ended.\nThe request is taken to have been made under the corresponding provision for the previous provision.\n(sec.186-ssec.1) This section applies if— before the commencement a person was requested to do something under previous section 61, 67 or 69; and at the commencement, the person had not done the thing, and the time for doing the thing had not ended.\n(sec.186-ssec.2) The request is taken to have been made under the corresponding provision for the previous provision.\n- (a) before the commencement a person was requested to do something under previous section 61, 67 or 69; and\n- (b) at the commencement, the person had not done the thing, and the time for doing the thing had not ended.","sortOrder":236},{"sectionNumber":"sec.187","sectionType":"section","heading":"Existing application relating to transfer of commercial activity agreement","content":"### sec.187 Existing application relating to transfer of commercial activity agreement\n\nThis section applies if—\nbefore the commencement a seller and a buyer applied under the 2006 regulation for the transfer of the authorisation under a commercial activity agreement; and\nat the commencement the application had not been finally decided.\nThe application is taken to have been made under this regulation for the transfer of the authorisation under the commercial activity agreement.\nAnything done in relation to the application under the 2006 regulation is taken to have been done in relation to the application under this regulation.\n(sec.187-ssec.1) This section applies if— before the commencement a seller and a buyer applied under the 2006 regulation for the transfer of the authorisation under a commercial activity agreement; and at the commencement the application had not been finally decided.\n(sec.187-ssec.2) The application is taken to have been made under this regulation for the transfer of the authorisation under the commercial activity agreement.\n(sec.187-ssec.3) Anything done in relation to the application under the 2006 regulation is taken to have been done in relation to the application under this regulation.\n- (a) before the commencement a seller and a buyer applied under the 2006 regulation for the transfer of the authorisation under a commercial activity agreement; and\n- (b) at the commencement the application had not been finally decided.","sortOrder":237},{"sectionNumber":"sec.188","sectionType":"section","heading":"Existing accreditations","content":"### sec.188 Existing accreditations\n\nThis section applies to an accreditation that immediately before the commencement was in force under a provision of previous part 5.\nThe accreditation is taken to have been made, with any amendment, under the corresponding provision for that part.\n(sec.188-ssec.1) This section applies to an accreditation that immediately before the commencement was in force under a provision of previous part 5.\n(sec.188-ssec.2) The accreditation is taken to have been made, with any amendment, under the corresponding provision for that part.","sortOrder":238},{"sectionNumber":"sec.189","sectionType":"section","heading":"Existing regulatory notice","content":"### sec.189 Existing regulatory notice\n\nThis section applies if, immediately before the commencement, a regulatory notice under previous section 95 was in force.\nThe regulatory notice is taken to have been erected or displayed by the chief executive under section 115.\n(sec.189-ssec.1) This section applies if, immediately before the commencement, a regulatory notice under previous section 95 was in force.\n(sec.189-ssec.2) The regulatory notice is taken to have been erected or displayed by the chief executive under section 115.","sortOrder":239},{"sectionNumber":"sec.190","sectionType":"section","heading":"Existing gazette notices about declarations","content":"### sec.190 Existing gazette notices about declarations\n\nThis section applies if, immediately before the commencement, a gazette notice under previous section 98(1) or 103(1) was in force.\nThe gazette notice is taken to have been made under the corresponding provision for the previous provision.\n(sec.190-ssec.1) This section applies if, immediately before the commencement, a gazette notice under previous section 98(1) or 103(1) was in force.\n(sec.190-ssec.2) The gazette notice is taken to have been made under the corresponding provision for the previous provision.","sortOrder":240},{"sectionNumber":"sec.191","sectionType":"section","heading":"Consultation started for restricted access area declaration","content":"### sec.191 Consultation started for restricted access area declaration\n\nThis section applies if—\nbefore the commencement the chief executive gave public notice under previous section 100 of a proposed declaration of a restricted access area; and\nimmediately before the commencement the declaration had not been made.\nThe chief executive may make the declaration as if the public notice had been given under section 122.\n(sec.191-ssec.1) This section applies if— before the commencement the chief executive gave public notice under previous section 100 of a proposed declaration of a restricted access area; and immediately before the commencement the declaration had not been made.\n(sec.191-ssec.2) The chief executive may make the declaration as if the public notice had been given under section 122.\n- (a) before the commencement the chief executive gave public notice under previous section 100 of a proposed declaration of a restricted access area; and\n- (b) immediately before the commencement the declaration had not been made.","sortOrder":241},{"sectionNumber":"sec.192","sectionType":"section","heading":"Existing declaration of prescribed commercial activity","content":"### sec.192 Existing declaration of prescribed commercial activity\n\nThis section applies if immediately before the commencement a declaration under previous section 102 of a prescribed commercial activity was in force.\nThe declaration is taken to have been made under section 126.\n(sec.192-ssec.1) This section applies if immediately before the commencement a declaration under previous section 102 of a prescribed commercial activity was in force.\n(sec.192-ssec.2) The declaration is taken to have been made under section 126.","sortOrder":242},{"sectionNumber":"sec.193","sectionType":"section","heading":"Consultation started for special activity declaration","content":"### sec.193 Consultation started for special activity declaration\n\nThis section applies if—\nbefore the commencement the chief executive gave public notice under previous section 105 of a proposed declaration of a special activity; and\nimmediately before the commencement the declaration had not been made.\nThe chief executive may make the declaration as if the public notice had been given under section 130.\n(sec.193-ssec.1) This section applies if— before the commencement the chief executive gave public notice under previous section 105 of a proposed declaration of a special activity; and immediately before the commencement the declaration had not been made.\n(sec.193-ssec.2) The chief executive may make the declaration as if the public notice had been given under section 130.\n- (a) before the commencement the chief executive gave public notice under previous section 105 of a proposed declaration of a special activity; and\n- (b) immediately before the commencement the declaration had not been made.","sortOrder":243},{"sectionNumber":"sec.194","sectionType":"section","heading":"Existing information notices","content":"### sec.194 Existing information notices\n\nThis section applies if—\nbefore the commencement the chief executive gave a person an information notice under previous section 22(1)(b), 22(4), 26(7), 28(3), 30(3)(a), 32(3), 44(3), 48(5), 50(2)(b), 70(3), 71(2), 76(3), 78(3) or 80(2); and\nat the commencement—\nthe period stated in the notice in which the person could apply for an internal review had not ended; or\nan extension of time in which to apply given by the chief executive under previous section 148(2) had not ended.\nThe information notice is taken to have been given under the corresponding provision for the previous provision.\n(sec.194-ssec.1) This section applies if— before the commencement the chief executive gave a person an information notice under previous section 22(1)(b), 22(4), 26(7), 28(3), 30(3)(a), 32(3), 44(3), 48(5), 50(2)(b), 70(3), 71(2), 76(3), 78(3) or 80(2); and at the commencement— the period stated in the notice in which the person could apply for an internal review had not ended; or an extension of time in which to apply given by the chief executive under previous section 148(2) had not ended.\n(sec.194-ssec.2) The information notice is taken to have been given under the corresponding provision for the previous provision.\n- (a) before the commencement the chief executive gave a person an information notice under previous section 22(1)(b), 22(4), 26(7), 28(3), 30(3)(a), 32(3), 44(3), 48(5), 50(2)(b), 70(3), 71(2), 76(3), 78(3) or 80(2); and\n- (b) at the commencement— (i) the period stated in the notice in which the person could apply for an internal review had not ended; or (ii) an extension of time in which to apply given by the chief executive under previous section 148(2) had not ended.\n- (i) the period stated in the notice in which the person could apply for an internal review had not ended; or\n- (ii) an extension of time in which to apply given by the chief executive under previous section 148(2) had not ended.\n- (i) the period stated in the notice in which the person could apply for an internal review had not ended; or\n- (ii) an extension of time in which to apply given by the chief executive under previous section 148(2) had not ended.","sortOrder":244},{"sectionNumber":"sec.195","sectionType":"section","heading":"Existing notice of internal review decision","content":"### sec.195 Existing notice of internal review decision\n\nThis section applies if—\nbefore the commencement the chief executive gave a person a notice under previous section 149(3); and\nat the commencement—\nthe period stated in the notice in which the person could start a proceeding under the notice before QCAT had not ended; or\nan extension of time in which to apply given by QCAT under previous section 152 had not ended.\nThe notice is taken to have been given under the corresponding provision for the previous provision.\n(sec.195-ssec.1) This section applies if— before the commencement the chief executive gave a person a notice under previous section 149(3); and at the commencement— the period stated in the notice in which the person could start a proceeding under the notice before QCAT had not ended; or an extension of time in which to apply given by QCAT under previous section 152 had not ended.\n(sec.195-ssec.2) The notice is taken to have been given under the corresponding provision for the previous provision.\n- (a) before the commencement the chief executive gave a person a notice under previous section 149(3); and\n- (b) at the commencement— (i) the period stated in the notice in which the person could start a proceeding under the notice before QCAT had not ended; or (ii) an extension of time in which to apply given by QCAT under previous section 152 had not ended.\n- (i) the period stated in the notice in which the person could start a proceeding under the notice before QCAT had not ended; or\n- (ii) an extension of time in which to apply given by QCAT under previous section 152 had not ended.\n- (i) the period stated in the notice in which the person could start a proceeding under the notice before QCAT had not ended; or\n- (ii) an extension of time in which to apply given by QCAT under previous section 152 had not ended.","sortOrder":245},{"sectionNumber":"sec.196","sectionType":"section","heading":"References to 2006 regulation","content":"### sec.196 References to 2006 regulation\n\nIn an instrument—\na reference to the 2006 regulation may, if the context permits, be taken to be a reference to this regulation; and\na reference to a previous provision may, if the context permits, be taken to be a reference to the corresponding provision for the previous provision.\n- (a) a reference to the 2006 regulation may, if the context permits, be taken to be a reference to this regulation; and\n- (b) a reference to a previous provision may, if the context permits, be taken to be a reference to the corresponding provision for the previous provision.","sortOrder":246},{"sectionNumber":"pt.12-div.2","sectionType":"division","heading":"Transitional provisions for Marine Parks (Great Sandy) Zoning Plan 2024","content":"## Transitional provisions for Marine Parks (Great Sandy) Zoning Plan 2024","sortOrder":247},{"sectionNumber":"sec.197","sectionType":"section","heading":"Definitions for division","content":"### sec.197 Definitions for division\n\nIn this division—\ncorresponding part , of the new marine park, see section 198.\nexisting permission see section 199(1).\nformer marine park means the Great Sandy Marine Park described in the Marine Parks (Declaration) Regulation 2006 , schedule 3 , as in force immediately before the commencement.\nnew marine park means the Great Sandy Marine Park described in the Marine Parks (Declaration) Regulation 2006 , schedule 3 .\nnew plan means the Marine Parks (Great Sandy) Zoning Plan 2024 .\nrepealed plan means the repealed Marine Parks (Great Sandy) Zoning Plan 2017 .\ns 197 ins 2024 SL No. 25 s 39","sortOrder":248},{"sectionNumber":"sec.198","sectionType":"section","heading":"References to corresponding part of new marine park","content":"### sec.198 References to corresponding part of new marine park\n\nA reference in a provision to the corresponding part , of the new marine park, is a reference to the part of the new marine park corresponding to the part of the former marine park mentioned in the provision.\ns 198 ins 2024 SL No. 25 s 39","sortOrder":249},{"sectionNumber":"sec.199","sectionType":"section","heading":"Continuation of existing permission","content":"### sec.199 Continuation of existing permission\n\nThis section applies to a permission (an existing permission ), granted for a part of the former marine park, that was in effect immediately before the commencement.\nFrom the commencement, the existing permission continues to have effect in relation to the corresponding part of the new marine park until the permission expires or is sooner suspended or cancelled.\nThe permission continues to have effect under subsection (2) as if—\nthe Marine Parks (Declaration) Regulation 2006 , schedule 3 , as in force immediately before the commencement, had not been repealed; and\nthe repealed plan had not been repealed and the new plan had not been approved.\nHowever, the permission does not authorise a person to enter or use the corresponding part of the new marine park for conducting an activity to the extent the granting of a permission to conduct the activity in that part of the park would be inconsistent with the new plan.\nThis section is subject to section 200.\ns 199 ins 2024 SL No. 25 s 39\n(sec.199-ssec.1) This section applies to a permission (an existing permission ), granted for a part of the former marine park, that was in effect immediately before the commencement.\n(sec.199-ssec.2) From the commencement, the existing permission continues to have effect in relation to the corresponding part of the new marine park until the permission expires or is sooner suspended or cancelled.\n(sec.199-ssec.3) The permission continues to have effect under subsection (2) as if— the Marine Parks (Declaration) Regulation 2006 , schedule 3 , as in force immediately before the commencement, had not been repealed; and the repealed plan had not been repealed and the new plan had not been approved.\n(sec.199-ssec.4) However, the permission does not authorise a person to enter or use the corresponding part of the new marine park for conducting an activity to the extent the granting of a permission to conduct the activity in that part of the park would be inconsistent with the new plan.\n(sec.199-ssec.5) This section is subject to section 200.\n- (a) the Marine Parks (Declaration) Regulation 2006 , schedule 3 , as in force immediately before the commencement, had not been repealed; and\n- (b) the repealed plan had not been repealed and the new plan had not been approved.","sortOrder":250},{"sectionNumber":"sec.200","sectionType":"section","heading":"Continuation of inconsistent activity under existing permission","content":"### sec.200 Continuation of inconsistent activity under existing permission\n\nThis section applies if—\nbefore the commencement, a person was authorised under an existing permission to enter or use a part of the former marine park to conduct an activity; and\nfrom the commencement, the granting of a permission to conduct the activity in the corresponding part of the new marine park would be inconsistent with the new plan.\nFrom the commencement, the person continues to be authorised under the existing permission to enter or use the part of the former marine park to conduct the activity as if—\nthe Marine Parks (Declaration) Regulation 2006 , schedule 3, as in force immediately before the commencement, had not been repealed; and\nthe repealed plan had not been repealed and the new plan had not been approved.\nThis section stops applying at the end of 120 days after the commencement.\ns 200 ins 2024 SL No. 25 s 39\n(sec.200-ssec.1) This section applies if— before the commencement, a person was authorised under an existing permission to enter or use a part of the former marine park to conduct an activity; and from the commencement, the granting of a permission to conduct the activity in the corresponding part of the new marine park would be inconsistent with the new plan.\n(sec.200-ssec.2) From the commencement, the person continues to be authorised under the existing permission to enter or use the part of the former marine park to conduct the activity as if— the Marine Parks (Declaration) Regulation 2006 , schedule 3, as in force immediately before the commencement, had not been repealed; and the repealed plan had not been repealed and the new plan had not been approved.\n(sec.200-ssec.3) This section stops applying at the end of 120 days after the commencement.\n- (a) before the commencement, a person was authorised under an existing permission to enter or use a part of the former marine park to conduct an activity; and\n- (b) from the commencement, the granting of a permission to conduct the activity in the corresponding part of the new marine park would be inconsistent with the new plan.\n- (a) the Marine Parks (Declaration) Regulation 2006 , schedule 3, as in force immediately before the commencement, had not been repealed; and\n- (b) the repealed plan had not been repealed and the new plan had not been approved.","sortOrder":251},{"sectionNumber":"sec.201","sectionType":"section","heading":"Existing application for permission for activity no longer requiring permission","content":"### sec.201 Existing application for permission for activity no longer requiring permission\n\nThis section applies if—\nbefore the commencement, a person applied to the chief executive for a permission to conduct an activity in a part of the former marine park; and\nimmediately before the commencement, the application had not been withdrawn or decided; and\non the commencement, the person is authorised, under the new plan, to do the following without a permission—\nenter the corresponding part of the new marine park to conduct the activity; or\nconduct the activity in the corresponding part of the new marine park.\nOn the commencement, the application is taken to have been withdrawn.\ns 201 ins 2024 SL No. 25 s 39\n(sec.201-ssec.1) This section applies if— before the commencement, a person applied to the chief executive for a permission to conduct an activity in a part of the former marine park; and immediately before the commencement, the application had not been withdrawn or decided; and on the commencement, the person is authorised, under the new plan, to do the following without a permission— enter the corresponding part of the new marine park to conduct the activity; or conduct the activity in the corresponding part of the new marine park.\n(sec.201-ssec.2) On the commencement, the application is taken to have been withdrawn.\n- (a) before the commencement, a person applied to the chief executive for a permission to conduct an activity in a part of the former marine park; and\n- (b) immediately before the commencement, the application had not been withdrawn or decided; and\n- (c) on the commencement, the person is authorised, under the new plan, to do the following without a permission— (i) enter the corresponding part of the new marine park to conduct the activity; or (ii) conduct the activity in the corresponding part of the new marine park.\n- (i) enter the corresponding part of the new marine park to conduct the activity; or\n- (ii) conduct the activity in the corresponding part of the new marine park.\n- (i) enter the corresponding part of the new marine park to conduct the activity; or\n- (ii) conduct the activity in the corresponding part of the new marine park.","sortOrder":252},{"sectionNumber":"sec.202","sectionType":"section","heading":"Existing application for permission for inconsistent activity","content":"### sec.202 Existing application for permission for inconsistent activity\n\nThis section applies if—\nbefore the commencement, a person applied to the chief executive for a permission to conduct an activity in a part of the former marine park; and\nimmediately before the commencement, the application had not been withdrawn or decided; and\non the commencement—\nthe activity is not authorised to be conducted under a permission in the corresponding part of the new marine park under the new plan; or\nthe granting of a permission to conduct the activity in the corresponding part of the new marine park would otherwise be inconsistent with the new plan.\nOn the commencement, the application is taken to have been refused.\nThis section does not apply in relation to an application to which section 201 applies.\ns 202 ins 2024 SL No. 25 s 39\n(sec.202-ssec.1) This section applies if— before the commencement, a person applied to the chief executive for a permission to conduct an activity in a part of the former marine park; and immediately before the commencement, the application had not been withdrawn or decided; and on the commencement— the activity is not authorised to be conducted under a permission in the corresponding part of the new marine park under the new plan; or the granting of a permission to conduct the activity in the corresponding part of the new marine park would otherwise be inconsistent with the new plan.\n(sec.202-ssec.2) On the commencement, the application is taken to have been refused.\n(sec.202-ssec.3) This section does not apply in relation to an application to which section 201 applies.\n- (a) before the commencement, a person applied to the chief executive for a permission to conduct an activity in a part of the former marine park; and\n- (b) immediately before the commencement, the application had not been withdrawn or decided; and\n- (c) on the commencement— (i) the activity is not authorised to be conducted under a permission in the corresponding part of the new marine park under the new plan; or (ii) the granting of a permission to conduct the activity in the corresponding part of the new marine park would otherwise be inconsistent with the new plan.\n- (i) the activity is not authorised to be conducted under a permission in the corresponding part of the new marine park under the new plan; or\n- (ii) the granting of a permission to conduct the activity in the corresponding part of the new marine park would otherwise be inconsistent with the new plan.\n- (i) the activity is not authorised to be conducted under a permission in the corresponding part of the new marine park under the new plan; or\n- (ii) the granting of a permission to conduct the activity in the corresponding part of the new marine park would otherwise be inconsistent with the new plan.","sortOrder":253},{"sectionNumber":"sec.203","sectionType":"section","heading":"Existing application for permission for activity authorised with permission","content":"### sec.203 Existing application for permission for activity authorised with permission\n\nThis section applies if—\nbefore the commencement, a person applied to the chief executive for a permission to conduct an activity in a part of the former marine park; and\nimmediately before the commencement, the application had not been withdrawn or decided.\nOn the commencement—\nthe application is taken to be an application to conduct the activity in the corresponding part of the new marine park; and\nthe new plan applies in relation to deciding the application.\nThis section does not apply in relation to an application to which section 201 or 202 applies.\ns 203 ins 2024 SL No. 25 s 39\n(sec.203-ssec.1) This section applies if— before the commencement, a person applied to the chief executive for a permission to conduct an activity in a part of the former marine park; and immediately before the commencement, the application had not been withdrawn or decided.\n(sec.203-ssec.2) On the commencement— the application is taken to be an application to conduct the activity in the corresponding part of the new marine park; and the new plan applies in relation to deciding the application.\n(sec.203-ssec.3) This section does not apply in relation to an application to which section 201 or 202 applies.\n- (a) before the commencement, a person applied to the chief executive for a permission to conduct an activity in a part of the former marine park; and\n- (b) immediately before the commencement, the application had not been withdrawn or decided.\n- (a) the application is taken to be an application to conduct the activity in the corresponding part of the new marine park; and\n- (b) the new plan applies in relation to deciding the application.","sortOrder":254},{"sectionNumber":"sec.204","sectionType":"section","heading":"Existing commercial activity agreement","content":"### sec.204 Existing commercial activity agreement\n\nThis section applies to a commercial activity agreement—\nauthorising a person to enter and use a part of the former marine park for conducting a commercial activity; and\nthat was in effect immediately before the commencement.\nFrom the commencement, the commercial activity agreement continues in effect for conducting the commercial activity in the corresponding part of the new marine park until—\nthe term of the agreement ends; or\nthe authorisation for conducting the activity under the agreement is suspended; or\nthe agreement is cancelled.\nThe commercial activity agreement continues to have effect under subsection (2) as if—\nthe Marine Parks (Declaration) Regulation 2006 , schedule 3 , as in force immediately before the commencement, had not been repealed; and\nthe repealed plan had not been repealed and the new plan had not been approved.\nHowever, the commercial activity agreement does not authorise a person to enter or use the corresponding part of the new marine park for conducting a commercial activity to the extent the conduct of the activity in that part of the park would be inconsistent with the new plan.\ns 204 ins 2024 SL No. 25 s 39\n(sec.204-ssec.1) This section applies to a commercial activity agreement— authorising a person to enter and use a part of the former marine park for conducting a commercial activity; and that was in effect immediately before the commencement.\n(sec.204-ssec.2) From the commencement, the commercial activity agreement continues in effect for conducting the commercial activity in the corresponding part of the new marine park until— the term of the agreement ends; or the authorisation for conducting the activity under the agreement is suspended; or the agreement is cancelled.\n(sec.204-ssec.3) The commercial activity agreement continues to have effect under subsection (2) as if— the Marine Parks (Declaration) Regulation 2006 , schedule 3 , as in force immediately before the commencement, had not been repealed; and the repealed plan had not been repealed and the new plan had not been approved.\n(sec.204-ssec.4) However, the commercial activity agreement does not authorise a person to enter or use the corresponding part of the new marine park for conducting a commercial activity to the extent the conduct of the activity in that part of the park would be inconsistent with the new plan.\n- (a) authorising a person to enter and use a part of the former marine park for conducting a commercial activity; and\n- (b) that was in effect immediately before the commencement.\n- (a) the term of the agreement ends; or\n- (b) the authorisation for conducting the activity under the agreement is suspended; or\n- (c) the agreement is cancelled.\n- (a) the Marine Parks (Declaration) Regulation 2006 , schedule 3 , as in force immediately before the commencement, had not been repealed; and\n- (b) the repealed plan had not been repealed and the new plan had not been approved.","sortOrder":255},{"sectionNumber":"sec.205","sectionType":"section","heading":"Existing expression of interest process for commercial activity agreement","content":"### sec.205 Existing expression of interest process for commercial activity agreement\n\nThis section applies if—\nbefore the commencement, the chief executive invited expressions of interest for a commercial activity agreement for conducting a commercial activity in a part of the former marine park; and\nimmediately before the commencement, the chief executive had not decided which, if any, expressions of interest that were submitted should be further negotiated for signing a commercial activity agreement.\nFrom the commencement—\nany expression of interest submitted in response to the invitation is taken to be an expression of interest for conducting the commercial activity in the corresponding part of the new marine park; and\nthe new plan applies in relation to deciding which expressions of interest should be further negotiated toward signing a commercial activity agreement.\ns 205 ins 2024 SL No. 25 s 39\n(sec.205-ssec.1) This section applies if— before the commencement, the chief executive invited expressions of interest for a commercial activity agreement for conducting a commercial activity in a part of the former marine park; and immediately before the commencement, the chief executive had not decided which, if any, expressions of interest that were submitted should be further negotiated for signing a commercial activity agreement.\n(sec.205-ssec.2) From the commencement— any expression of interest submitted in response to the invitation is taken to be an expression of interest for conducting the commercial activity in the corresponding part of the new marine park; and the new plan applies in relation to deciding which expressions of interest should be further negotiated toward signing a commercial activity agreement.\n- (a) before the commencement, the chief executive invited expressions of interest for a commercial activity agreement for conducting a commercial activity in a part of the former marine park; and\n- (b) immediately before the commencement, the chief executive had not decided which, if any, expressions of interest that were submitted should be further negotiated for signing a commercial activity agreement.\n- (a) any expression of interest submitted in response to the invitation is taken to be an expression of interest for conducting the commercial activity in the corresponding part of the new marine park; and\n- (b) the new plan applies in relation to deciding which expressions of interest should be further negotiated toward signing a commercial activity agreement.","sortOrder":256},{"sectionNumber":"sec.206","sectionType":"section","heading":"Existing application for commercial activity agreement","content":"### sec.206 Existing application for commercial activity agreement\n\nThis section applies if—\nbefore the commencement, a person applied to the chief executive for a commercial activity agreement for conducting a commercial activity in a part of the former marine park; and\nimmediately before the commencement, the chief executive had not made a decision about negotiating the signing of a commercial activity agreement for the application.\nOn the commencement—\nthe application is taken to be an application for a commercial activity agreement for conducting a commercial activity in the corresponding part of the new marine park; and\nthe new plan applies in relation to deciding the application.\ns 206 ins 2024 SL No. 25 s 39\n(sec.206-ssec.1) This section applies if— before the commencement, a person applied to the chief executive for a commercial activity agreement for conducting a commercial activity in a part of the former marine park; and immediately before the commencement, the chief executive had not made a decision about negotiating the signing of a commercial activity agreement for the application.\n(sec.206-ssec.2) On the commencement— the application is taken to be an application for a commercial activity agreement for conducting a commercial activity in the corresponding part of the new marine park; and the new plan applies in relation to deciding the application.\n- (a) before the commencement, a person applied to the chief executive for a commercial activity agreement for conducting a commercial activity in a part of the former marine park; and\n- (b) immediately before the commencement, the chief executive had not made a decision about negotiating the signing of a commercial activity agreement for the application.\n- (a) the application is taken to be an application for a commercial activity agreement for conducting a commercial activity in the corresponding part of the new marine park; and\n- (b) the new plan applies in relation to deciding the application.","sortOrder":257},{"sectionNumber":"sec.207","sectionType":"section","heading":"Existing regulatory notice","content":"### sec.207 Existing regulatory notice\n\nThis section applies if, immediately before the commencement, a regulatory notice applied to a part of the former marine park.\nFrom the commencement, the regulatory notice applies to the corresponding part of the new marine park while the notice is in effect.\ns 207 ins 2024 SL No. 25 s 39\n(sec.207-ssec.1) This section applies if, immediately before the commencement, a regulatory notice applied to a part of the former marine park.\n(sec.207-ssec.2) From the commencement, the regulatory notice applies to the corresponding part of the new marine park while the notice is in effect.","sortOrder":258},{"sectionNumber":"sec.208","sectionType":"section","heading":"Existing restricted access area notice","content":"### sec.208 Existing restricted access area notice\n\nThis section applies if, immediately before the commencement, a restricted access area notice applied to a part of the former marine park.\nFrom the commencement, the restricted access area notice applies to the corresponding part of the new marine park until the notice is revoked.\ns 208 ins 2024 SL No. 25 s 39\n(sec.208-ssec.1) This section applies if, immediately before the commencement, a restricted access area notice applied to a part of the former marine park.\n(sec.208-ssec.2) From the commencement, the restricted access area notice applies to the corresponding part of the new marine park until the notice is revoked.","sortOrder":259},{"sectionNumber":"sec.209","sectionType":"section","heading":"Existing special activity notice","content":"### sec.209 Existing special activity notice\n\nThis section applies if, immediately before the commencement, a special activity notice applied to a part of the former marine park.\nFrom the commencement, the special activity notice applies to the corresponding part of the new marine park until the notice is revoked.\ns 209 ins 2024 SL No. 25 s 39\n(sec.209-ssec.1) This section applies if, immediately before the commencement, a special activity notice applied to a part of the former marine park.\n(sec.209-ssec.2) From the commencement, the special activity notice applies to the corresponding part of the new marine park until the notice is revoked.","sortOrder":260},{"sectionNumber":"sec.210","sectionType":"section","heading":"References to part of former marine park in a document","content":"### sec.210 References to part of former marine park in a document\n\nThis section applies to a reference to a part of the former marine park in a document mentioned in any of subdivisions 2 to 4 or another document.\nThe reference may, if the context permits, be taken to be a reference to the corresponding part of the new marine park.\ns 210 ins 2024 SL No. 25 s 39\n(sec.210-ssec.1) This section applies to a reference to a part of the former marine park in a document mentioned in any of subdivisions 2 to 4 or another document.\n(sec.210-ssec.2) The reference may, if the context permits, be taken to be a reference to the corresponding part of the new marine park.","sortOrder":261},{"sectionNumber":"pt.12-div.3","sectionType":"division","heading":null,"content":"","sortOrder":262},{"sectionNumber":"pt.12-div.4","sectionType":"division","heading":null,"content":"","sortOrder":263},{"sectionNumber":"pt.12-div.5","sectionType":"division","heading":null,"content":"","sortOrder":264},{"sectionNumber":"pt.12-div.6","sectionType":"division","heading":null,"content":"","sortOrder":265},{"sectionNumber":"sch.3-pt.1","sectionType":"part","heading":"Application for a new permission authorising the conducting of a commercial activity","content":"# Application for a new permission authorising the conducting of a commercial activity","sortOrder":266},{"sectionNumber":"sch.3-pt.2","sectionType":"part","heading":"Application for a continuation of a permission authorising the conducting of a commercial activity","content":"# Application for a continuation of a permission authorising the conducting of a commercial activity","sortOrder":267}],"analysis":{"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.18(3) and sec.18(4)","severity":"high","reasoning":"Section 18(2) says a permission can only be granted if there are fewer than 3 current authorities. Section 18(4) only activates when there are exactly 3 current authorities. But if there are already 3 current authorities, the general cap in s18(2) prevents granting any new one. The subsection (4) pathway appears designed to override s18(2) but does not expressly say so, creating an irreconcilable conflict. A regulator cannot simultaneously satisfy 'fewer than 3 authorities' (s18(2)) and 'there are 3 current authorities' (s18(4)(a)).","confidence":0.82,"description":"Section 18(3) prohibits granting a Point Lookout whale watching permission unless there is NO current authority for whale watching in the area. Section 18(4) then creates a pathway for granting such a permission when there ARE 3 current authorities, but still requires that there is NO current authority for whale watching in the Point Lookout area. This means the subsection (4) pathway can only be triggered if the 3 current authorities all apply to the Moreton Bay Marine Park generally but none specifically authorise whale watching in the Point Lookout area — yet section 18(2) caps total Moreton Bay permissions at fewer than 3, so having exactly 3 current authorities (the trigger for subsection (4)) is itself the condition that blocks granting any new permission under subsection (2). The interaction creates a near-impossible compliance window."},{"type":"circular_definition","section":"sec.19","severity":"high","reasoning":"The definition of 'existing relevant permission' refers to a permission granted under section 16 that authorises dolphin feeding. Section 19(1) limits new dolphin-feeding permissions only to holders of such permissions. But to hold an 'existing relevant permission' you must already have been granted one under s16. Since s19 restricts who can get one under s16, and the only qualifying prior permissions are the now-historical 2006 permissions or existing ones, the pool of eligible holders can only shrink over time and can never be replenished. This effectively creates a permanent monopoly that winds down to zero.","confidence":0.88,"description":"Section 19 creates a perpetual closed class of dolphin-feeding permission holders. Only a person who already holds a '2006 relevant permission' or an 'existing relevant permission' can receive a new permission. An 'existing relevant permission' is defined as one granted under section 16 of the current regulation. But section 16 only authorises granting permissions generally — it does not independently authorise dolphin feeding permissions to new entrants. Combined with section 19(1), the effect is that no new entrant can ever obtain a dolphin-feeding permission: they can only get one if they already have one. This is a closed circular loop that permanently excludes any new person from obtaining such a permission."},{"type":"impossible_compliance","section":"sec.37(2)","severity":"medium","reasoning":"Requiring notification 'before' a name change presupposes the holder knows the change will occur. For involuntary or legally-imposed name changes, or changes by operation of law (e.g. marriage, court order effective immediately), prior notification is impossible. Attaching a criminal penalty to a standard that includes the impossible creates a legal absurdity.","confidence":0.72,"description":"Section 37(2) requires the permission holder to notify the chief executive and apply for an amendment 'before, or immediately after, the change happens.' A name change (e.g. a person legally changing their name) may be impossible to notify 'before' it happens in all cases, and 'immediately after' is undefined and imposes an obligation that is practically impossible to fulfil precisely. More critically, it imposes a criminal penalty (10 penalty units) for failing to do something 'before' an event that may be legally or practically unforeseeable in advance."},{"type":"impossible_compliance","section":"sec.30(2)","severity":"medium","reasoning":"The section triggers immediate effect 'after the holder is advised,' yet the method of advice (verbal) is only required 'if practicable.' During a cyclone, neither form of advice may be practicable, meaning the condition precedent for effect (being advised) cannot be satisfied, yet the regulatory purpose demands immediate effect. The provision is internally inconsistent about when the amendment/suspension becomes operative.","confidence":0.65,"description":"Section 30(2) states the chief executive 'must' advise the holder verbally 'if practicable' about an immediate amendment or suspension. However, in the context of a natural disaster (cyclone) — one of the triggering events in s30(1) — the chief executive may be physically unable to contact the holder. The amendment or suspension still takes immediate effect under s30(3) once the holder is advised, yet the obligation to advise is qualified by practicability. This creates uncertainty about whether the amendment/suspension is operative when verbal advice is impracticable but written advice is also impossible."},{"type":"other","section":"sec.9(2)","severity":"low","reasoning":"The inconsistency between the 60 business day minimum in s9(2) for initial applications and the 10 business day minimum in s31(1)(b) for existing permission holders who fail to pay fees suggests an internal drafting inconsistency. New applicants who haven't paid get nearly 3 months grace; existing holders who fail to pay get 10 days before suspension. This inverts the logical expectation that existing rights-holders would receive more protection.","confidence":0.7,"description":"Section 9(2) requires the chief executive to give notice asking the applicant to pay the fee 'within a stated period of at least 60 business days.' This is an exceptionally long minimum notice period — approximately 3 months of business days — before the chief executive can even consider refusing to decide an application due to non-payment of a fee. This is disproportionately lengthy compared to, for example, the 20 business day minimum in section 12 for providing information, and the 10 business day minimum in section 31 for fee payment under an existing permission. The 60 business day minimum appears anomalous and creates inefficiency."},{"type":"retroactive_impossibility","section":"sec.40(3)(c)","severity":"medium","reasoning":"If a holder applied for a new permission with expanded activities (e.g. increased vessel numbers), and conducted those expanded activities during the bridging period in reliance on the anticipated new permission, section 40(3)(c) retrospectively imposes the old permission's conditions on that bridging period. This could render otherwise anticipated-lawful conduct retrospectively unauthorised, creating a trap for applicants acting in good faith.","confidence":0.68,"description":"Section 40(3)(c) provides that where an existing permission continues in force pending a new application, and the new permission is ultimately granted, the new permission is 'taken to be subject to the same conditions and authorise the same activities as the existing permission' for the bridging period. However, the very purpose of applying for a new permission may be to obtain different conditions or authorise different activities. This provision retrospectively deems the new permission to have had the old conditions during the bridging period, which may retrospectively make lawful conduct (under the new permission's terms, which the applicant anticipated) unlawful."}],"contradictions":[{"severity":"high","section_a":"sec.18(2)","section_b":"sec.18(4)(a)","confidence":0.85,"description":"Section 18(2) provides that a commercial whale watching permission in Moreton Bay Marine Park can only be granted if there are 'fewer than 3 current authorities applying for the marine park.' Section 18(4)(a) creates an alternative pathway that is triggered only when 'there are 3 current authorities applying for the marine park.' These two provisions are mutually exclusive: the general grant power is extinguished at exactly 3 authorities, while the alternative pathway only activates at exactly 3 authorities. Section 18(4) does not expressly override section 18(2), so they directly contradict each other at the threshold of 3 authorities."},{"severity":"low","section_a":"sec.28","section_b":"sec.32(a) and sec.32(b)","confidence":0.55,"description":"Section 28 sets out grounds for non-immediate amendment of a permission (via the s29 procedure). Section 32 sets out grounds for non-immediate suspension or cancellation (via the s33 procedure). Sections 32(a) and 32(b) expressly incorporate by reference the grounds in sections 30 and 31 as additional grounds for suspension/cancellation. However, section 28 does not reciprocally incorporate section 30 or 31 grounds for amendment. This creates an asymmetry: some grounds (safety, conservation, fee failure) can trigger cancellation under s32 but not the lesser remedy of amendment under s28, even though s28 independently lists safety (s28(d)) and conservation (s28(e)) and fee failure (s28(b)). The cross-referencing structure creates overlapping and potentially inconsistent jurisdictional bases for the same remedies."},{"severity":"medium","section_a":"sec.25(1)(b) and sec.25(7)(a)","section_b":"sec.28(a)(i) and sec.29","confidence":0.65,"description":"Section 25 permits the chief executive to make a 'minor amendment' unilaterally (without the s29 show-cause process) where, inter alia, a condition is omitted if the omission 'does not adversely affect the holder's interest.' Section 28 requires the full s29 show-cause procedure for non-minor amendments. However, the definition of 'minor amendment' in s25(7) is defined by reference to adverse effect on the holder's interest — a subjective and potentially contested standard. Where the chief executive treats an amendment as 'minor' (no show-cause required) but the holder considers it adverse, the holder has no procedural protection under s29, no right to submissions, and no right to an information notice (s25(4) excludes ss28 and 29). This creates a gap in procedural fairness that may contradict the implicit obligation of natural justice underlying ss28-29."},{"severity":"medium","section_a":"sec.16(3)","section_b":"sec.17","confidence":0.7,"description":"Section 16(3) provides that the chief executive 'may' refuse a renewal application if the existing permission was obtained on incorrect information or the holder has contravened a condition. Section 17 provides that the chief executive 'may grant a permission only if' satisfied the applicant is a suitable person. These provisions interact inconsistently: s16(3) frames refusal as discretionary in renewal situations involving misconduct, while s17 frames suitability as a mandatory precondition to any grant. A holder who has contravened a condition might fail the s17 suitability test (making refusal mandatory), yet s16(3) suggests refusal is merely discretionary in that scenario. The two provisions impose different legal standards — mandatory versus discretionary — for overlapping factual circumstances."},{"severity":"medium","section_a":"sec.30(1)(b)","section_b":"sec.32(a)","confidence":0.72,"description":"Section 30 authorises immediate amendment or suspension where a permission applies to an area declared a restricted access area. Section 28(f) also authorises non-immediate amendment on this ground. Section 32(a) allows non-immediate suspension or cancellation by incorporating section 30 grounds. This means the same triggering event (area declared restricted access) can simultaneously justify: (a) immediate amendment or suspension under s30; (b) non-immediate amendment under s28 via s28(f); and (c) non-immediate suspension or cancellation under s32(a). There is no provision clarifying which pathway takes precedence or whether multiple concurrent processes can run, creating potential for conflicting or duplicative action against the same permission holder on the same ground."}]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation appears to have grown beyond a straightforward administrative framework for marine park access. Notably, amendments in 2018 and 2019 (particularly to section 18) introduced detailed native title and traditional owner considerations into the commercial whale watching permission regime for the Point Lookout area — a substantive rights-allocation function that goes beyond typical regulatory administration. The 2024 amendments (removing sections 34–36 and 38, and substituting section 39) also suggest ongoing substantive refinement rather than purely technical corrections, indicating the regulation has evolved to address policy issues not fully anticipated in the original 2017 instrument."},"complexity_factors":["Multiple layered permission processes with different procedural pathways (minor amendment vs non-immediate amendment vs immediate amendment vs suspension vs cancellation)","Extensive cross-referencing between sections, schedules, and external legislation (Environmental Protection Act 1994, Nature Conservation Act 1992, EPBC Act 1999, Native Title Act 1993, Coastal Protection and Management Act 1995)","Interaction between state and Commonwealth marine park frameworks, including 'joint permissions'","Geographically defined special zones (Point Lookout area) described using precise GPS coordinates and geodetic datums","Native title rights embedded into commercial licensing decisions, adding a layer of Indigenous law considerations","Multiple classes of decision-makers and stakeholders (chief executive, applicants, traditional owners, registered native title bodies, public submitters)","Specific activity restrictions (whale watching caps, dolphin feeding locks) with unique eligibility criteria layered on top of the general permission framework","Deemed continuation of permissions during renewal applications creates complex transitional status","Numerous notice periods, business day calculations, and procedural timelines that interact with each other"],"plain_english_summary":"## Marine Parks Regulation 2017 — What You Need to Know\n\nThis Queensland regulation sets out the detailed rules for managing and accessing the state's **marine parks** (protected ocean areas like the Great Barrier Reef Coast Marine Park and Moreton Bay Marine Park). It came into effect on 1 September 2017.\n\n### Who does this affect?\n- **Businesses** wanting to operate commercially in marine parks (tourism operators, whale watching companies, dolphin feeding operators, researchers)\n- **Individuals** wanting to enter or use marine parks for activities beyond normal public access\n- **Traditional owners** — particularly for the Moreton Bay Marine Park's Point Lookout area, where native title rights affect who can run whale watching tours\n- **Government regulators** (the chief executive of the relevant department)\n\n### What does it actually do?\n\n**1. Zones marine parks into protection levels**\nMarine parks are divided into zones ranging from low to high protection: *general use* → *habitat protection* → *conservation park* → *buffer* → *scientific research* → *marine national park* → *preservation* zone. The higher the zone, the more restricted human activity is.\n\n**2. Creates a permission (licence) system**\nAnyone wanting to commercially use a marine park must apply for a formal permission (like a licence). The chief executive (a senior government official) decides whether to grant, refuse, amend, or cancel permissions based on:\n- Environmental impact\n- Whether the applicant is a \"suitable person\" (e.g., no history of environmental law-breaking)\n- Whether there's adequate insurance\n- Consistency with zoning and management plans\n- Public submissions (if the activity could significantly affect the park)\n\n**3. Special rules for specific activities**\n- **Whale watching**: Caps the number of operators allowed — no more than 20 in Great Sandy Marine Park, no more than 3 in Moreton Bay. In the Point Lookout area of Moreton Bay, only registered native title bodies or approved traditional owners can hold these permissions.\n- **Dolphin feeding**: Tightly restricted — only operators who already held a permission under the previous 2006 regulation can get a new one. No new entrants allowed.\n\n**4. How permissions can be changed or cancelled**\nPermissions can be:\n- **Amended** (changed) by the government or at the holder's request\n- **Suspended** temporarily (e.g., during a cyclone or if fees aren't paid)\n- **Cancelled** for serious breaches like fraud, environmental damage, or criminal convictions\n\nPermission holders must notify authorities if their name or business address changes. If you apply to renew a permission before it expires, your existing permission stays valid while the renewal is being considered.\n\n**5. Environmental impact statements**\nFor significant proposals, the government can require a full environmental impact statement (a detailed study of how a project will affect the environment) — and the applicant pays for it.\n\n### Why does it matter?\nThis regulation is the practical rulebook for who can do what in Queensland's marine parks. If you run a tour boat, do scientific research, or want to film underwater in a marine park, this regulation determines whether you can, under what conditions, and what happens if you break the rules. It also embeds **Indigenous rights** into the permission system for certain areas."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Compared with the earlier 2006 regime it replaces, this regulation meaningfully broadened administrative mechanisms and commercial pathways. It adds a structured commercial‑agreement route (part 4) with long terms (≤15 years, s 74) and transfer procedures, introduces multiple accreditation types that allow external instruments and processes to substitute for State permissions (parts 5, secs 86–114), and creates explicit new declarations (restricted access, special activities, prescribed commercial activities — parts 6, secs 119–131). These additions shift some activity away from one‑off permissions into longer contracts and delegated accreditation schemes, increase the range of discretionary decisions the chief executive may make (amend/suspend/cancel powers across permissions and agreements) and introduce targeted local allocation rules (e.g. Point Lookout whale‑watching provisions, s 18). Collectively, those changes expand the regulation's practical scope beyond simple permissioning to a hybrid of licensing, accreditation and contract management."},"complexity_factors":["Extensive length and structure: over 200 numbered sections plus multiple schedules and parts (Parts 1–12, schedules).","Many defined categories and specialised terms referenced to schedules and external instruments (schedule 6 dictionary; schedule 1 objectives; references to zoning plans and the Act).","Multiple alternative pathways to authorise activity: permissions, commercial activity agreements, accredited external authorities/instruments, accredited authorisation processes/management arrangements, and special emergency approvals (secs 23, 52, 86, 92, 109, 123A, 131A).","Dense conditional logic and nested exceptions (e.g. immediate vs non‑immediate amendment/suspension; different rules for zoned vs unzoned parks; exemptions for emergency/defence/service activities — secs 28–33, 30–31, 139–151).","Large number of cross‑references to other laws, zoning/management plans and Commonwealth instruments (frequent references in secs 11, 53, 93 and elsewhere).","Multiple accreditation streams with separate review/amend/cancel procedures (external authority, instrument, educational/research institution, harvest fishery, authorisation process — secs 86–114).","Complex transfer and authorisation rules including special local limits (whale‑watching caps and Point Lookout native‑title rules — s 18; transfer approvals and timing — secs 46–51, 46A, 83–84).","Varied penalty structures and enforcement provisions (penalties range from 20–165 penalty units across different offences — parts 6–8), plus inspection and information‑production obligations (secs 45, 85, 155).","Detailed transitional provisions importing and converting prior permissions, notices and processes (extensive transitional division, secs 179–210), increasing situational complexity.","Multiple administrative timelines and review windows (application notices, 20 business‑day periods for submissions or information, internal review 20 business days, transfer 20 business days, various minimum notice periods)."],"plain_english_summary":"**What this regulation does (mechanics first)\n\n- Sets how Queensland marine parks are divided into protective zones (general use up to preservation) and records the objective for each zone (secs 4–6, schedule 1).\n- Creates detailed processes for people and businesses to get written permissions to enter or use a marine park for particular activities: how to apply, what information must be supplied, fee rules, how the chief executive considers applications, public-notice requirements and environmental‑impact statement (EIS) rules (parts 3, esp. secs 8–16, 12–15, 14).\n- Specifies the form and content of permissions and how they can be amended, suspended or cancelled — including immediate emergency powers and non‑immediate (notice and submissions) procedures (secs 23–33).\n- Allows permissions to be transferred, authorisations to be given by permission‑holders to other people, and sets inspection obligations for permissions and authorisations (secs 43–51, 45).\n- Establishes commercial activity agreements (longer contractual licences) as an alternative route to authorisation, including expression‑of‑interest and application processes, mandatory content and limits (term ≤15 years), and procedures to amend, suspend, cancel or transfer those agreements (part 4, secs 52–56, 59–76, 82–84, 74).\n- Provides multiple accreditation routes so the chief executive can recognise external authorities, instruments, educational/research institutions, harvest fisheries, or entire authorisation processes/management arrangements as valid for conduct in a marine park — and sets review, amendment and cancellation processes for those accreditations (part 5, secs 86–114).\n- Authorises the chief executive to publish regulatory notices, declare restricted access areas and special activities, and to make particular commercial activities “prescribed” so they can only be done under commercial activity agreements (parts 6 and 6 subdivisions, secs 115–133, 119–124, 126–127, 128–133).\n- Defines permitted and prohibited uses in zoned and unzoned parks (what always needs an authority versus what is banned) and sets specific rules for entry without authority in emergencies, for defence, essential services and other narrowly defined situations (parts 7, secs 134–151, 139–150).\n- Creates a range of offences with graded penalties for breaches (e.g. entering for prohibited purpose, failing to comply with notices, unauthorised commercial activity) and operational rules about fires, vehicles, animals, litter and other conduct (parts 8, secs 152–164).\n- Sets internal and external review pathways (chief executive internal review, QCAT external review) with timing and stay rules (part 9, secs 165–170).\n- Fixes administrative details: monitoring equipment definitions, fees and fee‑rounding rules, fee waiver criteria and extensive transitional provisions carrying over earlier permissions, agreements and processes into the new regime (parts 10–12, secs 171–178 and 179–210).\n\n\nWho is affected\n\n- Commercial operators (tourism, whale‑watching, dive operators, fisheries contractors): they need permissions or commercial activity agreements, may be subject to caps and transfer restrictions (see whale‑watching caps and Point Lookout rules at s 18), and face conditions, insurance and inspection requirements (secs 18, 21, 45, 52–56).\n- Researchers and educational institutions: there is a route for accreditation to carry out ‘‘limited impact’’ research or education without the full permission process (secs 98–102).\n- Indigenous native‑title bodies and traditional owners: the regulation gives explicit preferential rules for some localised activities (Point Lookout commercial whale watching — s 18) and allows management of culturally significant areas through restricted‑access declarations (secs 18, 119, 121).\n- Land and infrastructure managers, defence and essential service agencies: specified exemptions and notification pathways for urgent works, defence activity and public‑service maintenance (secs 142–150).\n- Permission holders and buyers/sellers of authorisations: detailed transfer, amendment and suspension rules affect the value and security of authorisations and agreements (divisions 4 and 6; secs 25–31, 46–51, 82–84).\n- The State executive (chief executive and inspectors): empowered to accredit, impose conditions, amend/suspend/cancel permissions and agreements and to declare restricted areas and special activities (many sections throughout parts 3–6).\n\n\nWhy it matters (purpose claims and practical trade‑offs)\n\n- Official purpose claims: the regulation is designed to protect marine natural and cultural resources while enabling authorised public and commercial uses. It does this by zoning, licensing, conditions, accreditations and targeted prohibitions (see objects for zones in schedule 1; s 6; management‑consistency rules s 53).\n\n- Trade‑offs and incentives the rules create (mechanical, not political):\n  - Scarcity and allocation: the regulation creates scarce entitlements (permissions, commercial activity agreements) and limits on some activities (e.g. whale watching caps in specified parks and areas — s 18). Scarcity generates economic value for holders and creates an incentive to obtain, hold and, where permitted, transfer entitlements (secs 74, 46–51). Transfer approvals remain discretionary (secs 47, 83), which limits pure market trading of entitlements.  \n  - Concentrated benefits, diffuse costs: operators who secure long‑term agreements (up to 15 years — s 74) potentially gain concentrated, tradable benefits; the costs of restrictions and the administrative burden (fees, compliance, EIS costs — s 14) are borne by applicants and the public more broadly (management, enforcement).  \n  - Administrative discretion and regulatory risk: the chief executive has broad powers to amend, suspend or cancel permissions and agreements for many grounds, including safety, conservation and suitability of the holder, and to act immediately in emergencies (secs 28–33, 76–81). That increases regulatory uncertainty for investors and operators.  \n  - Delegation and simplification via accreditations: accrediting external instruments, authorities, fisheries, institutions or entire authorisation processes (secs 86–114) can reduce duplication (fewer separate permissions) but shifts reliance onto the quality and enforcement of the external system; it also puts discretion in the chief executive to accept or withdraw that delegation.  \n  - Compliance costs and barriers to entry: application requirements, public‑notice processes, EIS obligations (applicant‑pays — s 14), insurance requirements (secs 21, 55), and inspection/record‑keeping duties (secs 45, 85) raise fixed and variable costs for entrants and incumbents.  \n  - Indigenous participation and exclusivity: rules that reserve particular authorisations to registered native title bodies or traditional owners in a named area (Point Lookout — s 18) create legally recognised local priority, which concentrates the ability to capture commercial opportunities in those actors.  \n\n- Implementation and operational risk: the regulation cross‑references multiple external instruments (zoning plans, management plans, Commonwealth laws and recovery plans — e.g. s 11), which means effective implementation requires timely coordination across jurisdictions and clear publication of notices and accredited instruments (secs 88, 94, 105, 111). Ambiguities in scope (what is ‘‘consistent with a zoning plan’’) are resolved by administrative decision rather than formula, increasing the role of agency judgment (s 20, s 53).  \n\n\nWho pays, who decides, what behaviour changes\n\n- Who pays: applicants pay application fees and EIS costs (s 14, pt 11); commercial agreement parties pay amounts stated in agreements (s 56); permission/ agreement holders bear insurance, compliance and inspection costs (secs 21, 55, 45, 85); potential penalties for non‑compliance (various penalty units throughout part 8) are payable by offenders.  \n- Who decides: the chief executive holds primary decision‑making power — to grant, refuse, amend, suspend, cancel or accredit (numerous sections across parts 3–6). Inspectors enforce on‑site (inspection powers and compliance notices). QCAT provides external review after internal review (part 9).  \n- Behavioural effects: operators will be more likely to seek formal permissions or commercial agreements, structure activities to meet accreditation or instrument rules, invest in insurance and compliance systems, and where possible seek transfer or long‑term agreements to secure business value. Some activities will be discouraged or forbidden (prohibited uses in particular zones — secs 134–137), and applicants will factor regulatory risk (immediate suspension powers, amendment grounds) into commercial decisions.\n\n\nBottom line for business and stakeholders (mechanical summary, not a policy judgement)\n\n- The regime creates a comprehensive, administratively controlled system for allocating and regulating access to marine parks: both short‑term permissions and longer contractual commercial activity agreements exist side‑by‑side. It expands the range of administrative tools (accreditations, prescribed commercial activities, restricted access and special‑activity declarations) that can be used to delegate, limit or channel activity. Those tools reduce duplication with other regimes when used, but they also concentrate discretion in the chief executive and impose significant procedural and compliance requirements on applicants and operators (see especially parts 3–6 and the enforcement/penalty rules in part 8)."},"kimi_summary":{"_metrics":{"completionTokens":684},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a detailed implementation regulation for the Marine Parks Act. The 2017 regulation replaced the 2006 version with updated structures, and subsequent amendments (through 2024) have refined specific provisions like whale watching restrictions and fee rounding without expanding beyond the core marine park management framework."},"complexity_factors":["Multiple overlapping regulatory instruments (permissions, commercial activity agreements, accreditations, regulatory notices)","Extensive cross-referencing to other Acts (Nature Conservation Act 1992, Recreation Areas Management Act 2006, Commonwealth marine park legislation, Native Title Act 1993, etc.)","Nested conditional logic with multiple exceptions (e.g., 11 grounds for suspension/cancellation in section 32, each with sub-conditions)","Geographic specificity requiring precise coordinate definitions (e.g., Point Lookout area bounded by latitudes/longitudes using GDA94 datum)","Temporal layering — transitional provisions preserving 2006 permissions, with amendment history showing multiple updates (2018, 2019, 2020, 2022, 2023, 2024)","Defined terms scattered across schedules and sections (e.g., 'limited impact research' with extractive vs non-extractive distinctions)","Fee calculation formulas with CPI indexing and rounding rules","Joint permission mechanisms linking state and Commonwealth approvals"],"plain_english_summary":"This regulation sets out the detailed rules for managing Queensland's marine parks, including the Great Barrier Reef Coast Marine Park, Great Sandy Marine Park, and Moreton Bay Marine Park.\n\n**What it does:**\n- **Zones marine parks** into different protection levels — from general use (lowest protection) to preservation zones (highest protection), with special rules for the GBR Coast Marine Park's estuarine conservation zones.\n- **Controls access** through a permit system — anyone wanting to enter or use a marine park for most purposes needs permission from the chief executive, with detailed application processes, fees, and conditions.\n- **Regulates commercial activities** through \"commercial activity agreements\" — longer-term contracts (up to 15 years) for businesses operating in marine parks, with special restrictions on whale watching (caps on numbers and native title requirements for Point Lookout in Moreton Bay) and dolphin feeding (grandfathered only).\n- **Provides accreditation pathways** — allowing external authorities (like fishing licences), educational institutions, research programs, and management arrangements to operate in marine parks without individual permits.\n- **Creates enforcement tools** — including regulatory notices, restricted access areas, special activity declarations, and offences for fires, vehicles, littering, and animal feeding.\n- **Establishes review rights** — internal review by the chief executive and external review by QCAT (Queensland Civil and Administrative Tribunal).\n\n**Who it affects:**\n- Commercial operators (tourism, fishing, research, education)\n- Traditional owners (special rights for whale watching at Point Lookout)\n- Recreational users (boaters, fishers, campers)\n- Government agencies managing marine parks\n\n**Why it matters:**\nThe regulation balances conservation of marine ecosystems with sustainable use, creating a framework where activities are assessed for environmental impact, cultural heritage, and public safety before approval."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/marine-parks-regulation-2017","history":"/api/acts/marine-parks-regulation-2017/history","analysis":"/api/acts/marine-parks-regulation-2017/analysis","conflicts":"/api/acts/marine-parks-regulation-2017/conflicts","importantCases":"/api/acts/marine-parks-regulation-2017/important-cases","documents":"/api/acts/marine-parks-regulation-2017/documents"}}