{"id":"F2008B00493","name":"Shoalwater Bay (Dugong) Plan of Management 1997","slug":"shoalwater-bay-dugong-plan-of-management-1997","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":71737,"registerId":"commonwealth-F2008B00493-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Shoalwater Bay (Dugong) Plan of Management 1997","content":"Commonwealth of Australia\n\nGreat Barrier Reef Marine Park Act 1975\n\nShoalwater Bay (Dugong) Plan of\n\nManagement1\n\nSB01/97\n\nTHE GREAT BARRIER REEF Marine Park AUTHORITY, having regard to the\n\nprotection of world heritage values of the Great Barrier Reef Marine Park,\n\nand the precautionary principle within the meaning of section 3.5.1 of the\n\nIntergovernmental Agreement on the Environment (a copy of which is set out\n\nin the Schedule to the National Environment Protection Council Act 1994), has\n\nprepared the following plan of management under Part VB of the Great\n\nBarrier Reef Marine Park Act 1975.\n\nDated 20th of February 1997.\n\nDr Ian Mc Phail\n\nChairperson\n\nRhondda Jones Evelyn Scott Tom Tolhurst\n\nMember Member Member\n\nNote: The plan of management includes alterations made by the Authority\n\nunder paragraph 39ZE (3) (a) of the Act, notice of which was published in the\n\nCommonwealth of Australia Gazette, under paragraph 39ZE (4) (a) of the Act, on\n\n2nd of April 1997.\n\n  \n\n| PART 1 | PRELIMINARY |\n| ------ | ----------- |\n\nINTRODUCTORY NOTE\n\nShoalwater Bay is an area of significant regional importance for dugongs\n\n(Dugong dugon) because it provides the most important habitat for one of the\n\nmost substantial populations of the species remaining in the southern section\n\nof the Marine Park. The conservation of this reservoir population is regarded\n\nas essential for the long-term viability of the regional population.\n\nThis Plan has been prepared in response to the recent decline in dugong\n\nnumbers in the southern section of the Marine Park. The Authority considers\n\nthat a major cause of this decline is the accidental capture of dugongs in mesh\n\nnets in the Area.\n\nThis Plan provides a framework for managing use of the Area to ensure that\n\ndugongs are managed to enable their recovery and continued protection and\n\nconservation.\n\n1\\. Citation\n\nThis Plan may be cited as the Shoalwater Bay (Dugong) Plan of\n\nManagement.\n\n\\[Notes: 1\\. This Plan (except Part 4) commences on the day on which the notice referred to in\n\nsubsection 39ZE (4) of the Act is published in the Gazette: see Act, s. 39ZF (1).\n\n2\\. Part 4 of this Plan commences on the day on which regulations made under\n\nparagraph 66 (2) (ba) of the Act declare that the Part takes effect: see Act,\n\ns. 39ZF (2).\\]\n\n2\\. Interpretation\n\n2.1 In this Plan, unless the contrary intention appears:\n\nAct means the Great Barrier Reef Marine Park Act 1975;\n\nArea means the Shoalwater Bay area described in the\n\nSchedule (and depicted generally in the map set out\n\nin the Schedule);\n\ncast net has the same meaning as in the Fisheries Regulation\n\n1995 (Qld), as in force at the date of this Plan;\n\n  \n\ncollecting has the same meaning as in the zoning plan;\n\ndilly has the same meaning as in the Fisheries Regulation\n\n1995 (Qld), as in force at the date of this Plan;\n\nMackay/Capricorn means the area assigned the name “Great Barrier\n\nSection Reef Marine Park—Mackay/Capricorn Section” by\n\nProclamation made under subsection 31 (1) of the Act\n\nand published in the Gazette on 24 September 1987;\n\n\\[Note: For the meaning of Gazette see Acts Interpretation Act 1901, ss. 17 (m) and 46 (1) (a).\\]\n\nrelevant permission has the same meaning as in the Great Barrier Reef\n\nMarine Park Regulations;\n\nstowed or secured has the same meaning as in the zoning plan;\n\ntaking has the same meaning as in the zoning plan;\n\ntraditional hunting\n\nand gathering has the same meaning as in the zoning plan;\n\nzone means a zone referred to in the zoning plan;\n\nzoning plan means the zoning plan for the Mackay/Capricorn\n\nSection which came into force on 1 August 1988,\n\ncopies of which may be obtained from the Authority.\n\n\\[Note: Unless the contrary intention appears, words and expressions used in this Plan that\n\nare defined in the Act have the same meaning in this Plan as they do in the Act: see\n\nActs Interpretation Act 1901, s. 46 (1) (a). For example, the Act contains definitions of\n\nAuthority, Marine Park and vessel.\\]\n\n2.2 The origin of geographical coordinates used in this Plan is the\n\nAustralian Geodetic Datum 1966 (AGD66).\n\n2.3 The Preface, introductory notes, background notes and other notes\n\ndo not form part of this Plan, and are provided for information only.\n\n  \n\n| PART 2 | MANAGEMENT ISSUES |\n| ------ | ----------------- |\n\nBACKGROUND NOTE TO PART 2\n\nDugongs are considered vulnerable to extinction by the World Conservation\n\nUnion. In Queensland, the dugong is listed as a vulnerable animal under the\n\nNature Conservation Act 1992 (Qld).\n\nHistorically, dugongs have lived in waters of the western Pacific and Indian\n\nOceans, but human activities have caused it to disappear in much of this\n\nregion. The majority of its world population is now believed to exist in the\n\ntropical and sub-tropical waters of Australia, although much of this area has\n\nnot been surveyed. The estimated population of the surveyed region is\n\naround 80,000, of which about 15% (around 12,000) live in the Marine Park.\n\nSince 1987, dugong numbers have declined by more than half in the southern\n\nregion of the Marine Park (from Cape Bedford to Hervey Bay), which includes\n\nthe Area. The Authority considers the Area to be the most important dugong\n\nhabitat in the region.\n\nDugongs feed on intertidal seagrass meadows in the Area. These meadows\n\nare also harvested for fish by fishers using mesh nets, in which at least 12\n\ndugongs are believed to have drowned in 1994 and 1995.\n\nFurther information about dugongs, and their conservation, is set out in the\n\nPreface (Recovery plan for dugongs in Shoalwater Bay).\n\n3\\. Endangered species—dugong\n\nFor paragraph 39Y (b) of the Act, the Authority considers that\n\nDugong dugon (commonly known as dugong) is an endangered species in the\n\nArea.\n\n4\\. Management of use\n\nFor paragraph 39Y (c) of the Act, the Authority considers that the\n\nnetting of fish is an activity that must be managed in the Area on the basis of\n\necologically sustainable use.\n\n\\[Note: Section 39Y of the Act sets out the objects of plans of management. Those objects are:\n\n(a) to ensure, for particular areas of the Marine Park in which the Authority considers\n\nthat nature conservation values, cultural and heritage values, or scientific values\n\nare, or may be, threatened, that appropriate proposals are developed to reduce or\n\neliminate the threats; and\n\n(b) to ensure that species and ecological communities that are, or may become,\n\nvulnerable or endangered are managed to enable their recovery and continued\n\nprotection and conservation; and\n\n  \n\n(c) to ensure that activities within areas of the Marine Park are managed on the basis\n\nof ecologically sustainable use; and\n\n(d) to provide a basis for managing the uses of a particular area of the Marine Park\n\nthat may conflict with other uses of the area or with the values of the area; and\n\n(e) to provide for the management of areas of the Marine Park in conjunction with\n\ncommunity groups in circumstances where those groups have a special interest\n\nin the areas concerned; and\n\n(f) to enable people using the Marine Park to participate in a wide range of\n\nrecreational activities.\\]\n\n| PART 3 | RELEVANT PERMISSIONS |\n| ------ | -------------------- |\n\n5\\. Collecting dugong\n\n5.1 The Authority must not grant a person a relevant permission to enter\n\ninto or use a zone in the Area for the purpose of collecting dugong, unless the\n\ncollecting is for the conduct of research.\n\n5.2 However, the Authority may grant a person a relevant permission to\n\nenter into or use a zone in the Area for the purpose of traditional hunting and\n\ngathering (including the traditional hunting and gathering of dugong).\n\n| PART 4 | ENFORCEMENT PROVISIONS |\n| ------ | ---------------------- |\n\nINTRODUCTORY NOTES TO PART 4\n\n1\\. Regulations may be made providing for giving effect to the enforcement\n\nprovisions of a plan of management or to the enforcement provisions of an\n\namendment of a plan of management: see Act, paragraph 66 (2) (ba).\n\n2\\. The Act provides for offences in relation to:\n\n(a) the use or entry of a zone for a purpose other than a purpose\n\npermitted under a zoning plan; or\n\n(b) the use or entry of a zone without a relevant permission where\n\npermission is required under the zoning plan; or\n\n(c) the contravention of a condition to which a relevant permission is\n\nsubject.\n\nSee Act, ss. 38A, 38B and 38C.\n\n  \n\n6\\. Restrictions on the use of nets in the Area\n\n6.1 This clause does not apply to a person who uses or enters the Area\n\nonly for a purpose mentioned in paragraph 16 (a) or (b) of the zoning plan.\n\n\\[Note: Clause 16 of the zoning plan relevantly provides that a zone or designated area may\n\nbe used or entered for the purpose of :\n\n“(a) saving human life or avoiding the risk of injury to a human being;\n\n(b) locating or securing the safety of an aircraft, vessel or structure which is, or may\n\nbe, endangered by stress of weather or by navigational or operational hazards;”.\\]\n\n6.2 A person must not have in the Area a net that is capable of being\n\nused for the taking of fish.\n\n6.3 However, a person may have in the Area a net that is capable of\n\nbeing used for the taking of fish if:\n\n(a) the person has a relevant permission granted for the conduct of\n\nresearch; or\n\n(b) the net is part of a dilly for use only to catch crabs; or\n\n(c) the net is a cast net that:\n\n(i) is for use only to catch fish for bait; and\n\n(ii) is not more than 6 metres in diameter; and\n\n(iii) has a mesh size of not more than 28 millimetres.\n\n6.4 A person must not have more than 1 cast net in the Area at any time.\n\n6.5 To avoid doubt, a person may be taken to have a net in the Area\n\nwhether or not the net is stowed or secured.\n\n7\\. Collecting dugongs\n\nA person must not collect a dugong in the Area except in accordance\n\nwith a relevant permission.\n\n  \n8\\. Interference with dugongs\n\n8.1 A person must not interfere with a dugong, or the carcass of a\n\ndugong, in the Area, except in accordance with a written authority given by\n\nthe Authority.\n\n8.2 In this clause, “interfere with” does not include collect, whether by\n\ntraditional hunting and gathering or by other means.\n\n  \n\n|     | SCHEDULE subclause 2.1 |\n| --- | ---------------------- |\n\nSHOALWATER BAY AREA\n\nThe Area is that part of the Marine Park bounded by a line:\n\n(a) commencing at the easternmost intersection of the coastline of the\n\nmainland at low water by the parallel of latitude 22°19’38.6” south\n\n(that is, at Macdonald Point); and\n\n(b) running then generally north-easterly along the geodesic to the\n\nwesternmost intersection of the coastline of Swan Island at high water\n\nby the parallel of latitude 22°19’19.8” south; and\n\n(c) then generally northerly, easterly and southerly along the coastline of\n\nthat island at high water to the easternmost intersection of that\n\ncoastline by the parallel of latitude 22°19’19.8” south; and\n\n(d) then generally north-easterly along the geodesic to the northernmost\n\nintersection of the coastline of Townshend Island at low water by the\n\nmeridian of longitude 150°28’42.0” east, in the vicinity of Cape\n\nTownshend; and\n\n(e) then generally south-easterly, southerly, south-easterly and southerly\n\nalong the eastern coastline of Townshend Island at low water to the\n\neasternmost intersection of that coastline by the parallel of latitude\n\n22°17’50.8” south; and\n\n(f) then generally southerly along the geodesic to the northernmost\n\nintersection of the coastline of the mainland at low water by the\n\nmeridian of longitude 150°33’55.1” east, in the vicinity of Reef Point;\n\nand\n\n(g) then generally south-westerly, southerly, south-easterly, westerly and\n\nnorth westerly along that coastline at low water to the point of\n\ncommencement.\n\n  \nMap of Area\n\n![](image.001.jpeg)  \n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nNOTE\n\n1\\. Notified in the Commonwealth of Australia Gazette on 2nd of April 1997.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Plan text records that the Authority made alterations under paragraph 39ZE(3)(a) (notice published 2 April 1997). In addition, Part 4 (enforcement provisions) does not take effect until regulations under paragraph 66(2)(ba) are made, delaying the Plan's enforcement scope. Substantive area designation and prohibitions are set in the Plan, but the alterations and the delayed commencement of enforcement provisions mean the practical scope and enforceability were adjusted after initial drafting (see Plan note; Introductory notes to Part 4)."},"complexity_factors":["Heavy cross-referencing to other instruments (Great Barrier Reef Marine Park Act 1975, zoning plan for Mackay/Capricorn, Great Barrier Reef Marine Park Regulations, Fisheries Regulation 1995 (Qld)) increases legal dependency and interpretation work (see Plan Notes; cl.2.1).","Enforcement provisions are contingent: Part 4 depends on regulations under paragraph 66(2)(ba) before it commences, producing phased commencement and uncertainty about immediate enforceability (Introductory notes to Part 4; notes to cl.1).","Key terms (e.g. 'relevant permission', 'traditional hunting and gathering', 'stowed or secured', 'taking') are defined by external instruments or the zoning plan, requiring concurrent interpretation (cl.2.1).","Technical, narrow exemptions and limits (single cast net only, ≤6 m diameter, mesh ≤28 mm; dilly exception for crabs) create precise compliance rules that are easy to breach unintentionally (cl.6.3–6.4).","Multiple operational exceptions (research permissions; traditional hunting) create administrative discretion for the Authority to grant permissions, concentrating decision-making (cl.5.1–5.2; cl.6.3(a)).","Prohibition on possession extends to nets whether or not stowed or secured, raising evidentiary and possession questions for enforcement (cl.6.5).","Inter-jurisdictional interaction with Queensland fisheries law (definitions drawn from Fisheries Regulation 1995 (Qld)) introduces coordination and potential overlap issues between Commonwealth and State regulators (cl.2.1 definitions).","Geographic precision in the Schedule (AGD66 coordinates, detailed coastal descriptions and map) requires technical mapping to determine exact boundaries for compliance (cl.2.2; Schedule).","References to Act offence provisions (ss.38A–38C) mean enforcement outcomes hinge on statutory penalty and prosecution regimes outside the Plan text (Introductory notes to Part 4)."],"plain_english_summary":"This Plan designates Shoalwater Bay as critical dugong habitat and changes how the area may be used: it prohibits most nets and the taking of dugongs, allows dugong taking only for research or authorised traditional hunting, permits a single small cast net for bait, and requires written Authority approval to interfere with dugongs or carcasses. The Authority frames these measures as intended to enable recovery of an endangered regional dugong population and to manage netting as ecologically sustainable use."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Plan remains tightly focused on its original purpose: protecting the Shoalwater Bay dugong population through net restrictions and take limits. The scope has not expanded beyond this conservation objective."},"complexity_factors":["Multiple cross-references to external instruments: the Fisheries Regulation 1995 (Qld), the zoning plan for the Mackay/Capricorn Section, and the Great Barrier Reef Marine Park Regulations","Conditional logic with nested exceptions: clause 6.2 bans nets, but clause 6.3 provides three alternative pathways (research permit, crab dilly, or cast net with specific dimensional limits), and clause 6.4 adds a quantitative restriction (only 1 cast net)","Defined terms rely on external definitions ('stowed or secured', 'taking', 'collecting', 'traditional hunting and gathering' all reference the zoning plan)","Dual commencement mechanism: Part 4 (enforcement provisions) has a delayed commencement contingent on separate regulations, while Parts 1–3 commence on Gazette notification","Geographic boundary description uses technical geodetic terminology (AGD66 datum, geodesics, high/low water marks) requiring precise coordinate plotting"],"plain_english_summary":"This Plan of Management under the Great Barrier Reef Marine Park Act protects dugongs in Shoalwater Bay by sharply restricting net fishing, prohibiting disturbance or collection of dugongs except for authorised research, and explicitly allowing Indigenous traditional hunting under separate permissions. It affects commercial and recreational fishers, researchers, Indigenous owners and visitors, applying the precautionary principle to prevent further decline of a key dugong population while preserving limited, regulated activities."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/shoalwater-bay-dugong-plan-of-management-1997","history":"/api/acts/shoalwater-bay-dugong-plan-of-management-1997/history","analysis":"/api/acts/shoalwater-bay-dugong-plan-of-management-1997/analysis","conflicts":"/api/acts/shoalwater-bay-dugong-plan-of-management-1997/conflicts","importantCases":"/api/acts/shoalwater-bay-dugong-plan-of-management-1997/important-cases","documents":"/api/acts/shoalwater-bay-dugong-plan-of-management-1997/documents"}}