In this Plan, unless the contrary intention appears:
1 kilometre line, in relation to the coastline of the mainland or an island, means the notional line every point on which is 1 kilometre seaward from the nearest point of the mainland or island at low water.
5 kilometre line, in relation to the coastline of the mainland or an island, means the notional line every point on which is 5 kilometres seaward from the nearest point of the mainland or island at low water.
100 metre line, in relation to a reef, means the notional line every point on which is 100 metres seaward from the nearest point of the reef crest.
500 metre line:
(a) in relation to a reef — means the notional line every point on which is 500 metres seaward from the nearest point of the reef edge of the reef to which it applies; and
(b) in relation to a geological formation (other than a reef) mentioned in Schedule 4 — means the notional line every point on which is 500 metres seaward from the nearest point of the formation.
accredited coral harvest fishery means an accredited harvest fishery that involves the taking of coral.
accredited harvest fishery has the same meaning as in the Zoning Plan.
Act means the Great Barrier Reef Marine Park Act 1975.
aircraft has the meaning given by subsection 3 (1) of the Act.
Alexandra Bay Locality means that area described in item 8 of Schedule 3.
anchor includes anchor chains and attached tackle.
anchoring means the temporary attachment of a vessel or aircraft to the seabed by means of any device carried by the vessel or aircraft for that purpose.
ancillary mooring means a mooring that:
(a) is associated with, and supports, the operation of a resort or tourist facility, the operation of which is authorised by a relevant permission; and
(b) is not intended to be used by a primary vessel associated with the operation; and
(c) is primarily associated with the use of small vessels such as dive tenders, glass bottom boats and hire craft.
aquaculture operation has the same meaning as in the Zoning Plan.
Schedule Sch 9 - Cairns Area Plan of Management 1998 - Definitions | Zoe
Note Aquaculture has a corresponding meaning to aquaculture operation — see section 18A of the Acts Interpretation Act 1901 and paragraph 13 (1) (a) of the Legislative Instruments Act 2003.
Authority has the meaning given by subsection 3 (1) of the Act.
Cairns Planning Area means the area:
(a) circumscribed by the geographical coordinates in Part 1 of Schedule 1; and
(b) depicted generally in the map in Part 2 of Schedule 1.
Cape Tribulation Bay Locality 1 means the area described in item 6 of Schedule 3.
Cape Tribulation Bay Locality 2 means the area described in item 7 of Schedule 3.
coastal 250 metre line, in relation to the coastline of the mainland or an island, means the notional line every point on which is 250 metres seaward from:
(b) if there is a fringing reef wholly or partly along the mainland or wholly or partly around the island — the nearest point of the reef edge of the fringing reef.
coastal 500 metre line, in relation to the coastline of the mainland or an island, means the notional line every point on which is 500 metres seaward from:
(b) if there is a fringing reef wholly or partly along the mainland or wholly or partly around the island — the nearest point of the reef edge of that fringing reef.
coastal 1 500 metre line, in relation to the coastline of the mainland or an island, means the notional line every point on which is 1 500 metres seaward from:
(b) if there is a fringing reef wholly or partly along the mainland or wholly or partly around the island — the nearest point of the reef edge of the fringing reef.
Cod Hole Locality means the area described in item 5 of Schedule 3.
conversion from a relevant permission (the first permission) authorising conduct of a tourist program to a relevant permission (the second permission) authorising conduct of another tourist program, means the process of the Authority granting the second permission:
(a) to take effect immediately after the first permission is surrendered or revoked; and
(b) to remain in force for the remainder of the period for which the first permission would have remained in force if it had not been surrendered or revoked.
Cooktown/Bloomfield area means the part of the Queensland coastline north of Cape Tribulation.
craftless operation means an operation that:
(a) is part of a tourist program;
(c) does not use a vessel or aircraft; and
(d) may use, as part of the conduct of the operation, vessels or aircraft of other operations.
Note For example, a craftless operation may operate from a beach or by using another vessel in ‘piggy back’ fashion to go to the reef. A dive school is an example of this type of operation.
cruise ship operation means an operation that:
(c) at any one time, uses only 1 ship.
Note A vessel identification number (a VIN) may be attached to a relevant permission allowing an operator to use the particular vessel or aircraft that displays the VIN in the Planning Area. Information about VINs can be found on the Authority’s website at http://www.gbrmpa.gov.au.
daily access means access for each day in a year.
Note This Schedule defines year.
day means a period of 24 hours commencing at midnight.
discharge has the same meaning as in subsection 38J (7) of the Act.
enforcement provision means a provision in Part 2.
Euston Reef Locality means the area described in item 13 of Schedule 3.
existing permission means a relevant permission that was in force immediately before 1 July 1999.
facility has the same meaning as in subsection 3A(9) of the Act.
fishing or collecting has the same meaning as in the Zoning Plan.
Frankland Islands Sector means the area described in item 6 of Schedule 2.
gamefishing means the taking of fish of the genus Makaira (commonly known as marlin).
Green Island Reef Locality 1 means the area described in item 14 of Schedule 3.
Green Island Reef Locality 2 means the area described in item 15 of Schedule 3.
Green Island Reef Locality 3 means the area described in item 16 of Schedule 3.
greywater means waste water (other than sewage) from a bathroom, kitchen, galley or laundry, or water used in cleaning.
Group A Sensitive Location means a Sensitive Location mentioned in an item in Part 1 of Schedule 5.
Group B Sensitive Location means a Sensitive Location mentioned in an item in Part 2 of Schedule 5.
group size limit in relation to a vessel or aircraft at a Location, means the maximum number of people that, under Table 4, may be carried on the vessel or aircraft into the Location.
harvest fishery has the same meaning as in the Zoning Plan.
Note Harvest fishing has a corresponding meaning to harvest fishery — see section 18A of the Acts Interpretation Act 1901 and paragraph 13 (1) (a) of the Legislative Instruments Act 2003.
Hastings Reef Locality 1 means the area described in item 10 of Schedule 3.
Hastings Reef Locality 2 means the area described in item 11 of Schedule 3.
hire craft means a motorised vessel:
(a) that has an overall length that is not more than 6 metres; and
(b) that is made available for timeshare, hire or charter without a master or crew.
Note Examples of the types of vessels that might come within the definition of hire craft include dinghies, half‑cabin boats or personal watercraft.
hire equipment means a non-motorised craft (for example, a kayak, a paddleboard, or a windsurfer) that is available for time-sharing, hire or charter without a master or crew.
hire operation means an operation that:
(c) uses hire craft or hire equipment.
Note See the definitions of hire craft and hire equipment in this Schedule.
intensive use Location means a Location so listed in Schedule 4.
large vessel means any vessel with an overall length of more than 35 metres but not more than 70 metres.
Lizard Island Locality 1 means the area described in item 1 of Schedule 3.
Lizard Island Locality 2 means the area described in item 2 of Schedule 3.
Lizard Island Locality 3 means the area described in item 3 of Schedule 3.
Lizard Island Locality 4 means the area described in item 4 of Schedule 3.
Lizard Island Sector means the area described in item 1 of Schedule 2.
Location means:
(a) the part of the Planning Area that is within the 500 metre line of a reef mentioned in Schedule 4 (including the airspace above it to a height of 500 feet above ground or water); or
(b) a Locality described in Schedule 3 (including the airspace above it to a height of 500 feet above ground or water).
long range roving operation means an operation that:
(c) uses a vessel that:
(i) has an overall length of not more than 35 metres; and
(ii) has been surveyed for overnight use with provision for 8 or more sleeping berths; and
(iii) has a master and crew; and
(d) is limited to providing a whole of vessel charter to a single client, without taking bookings from individual passengers or agents; and
(e) is not advertised or promoted as having, regular destinations, routes or timetables; and
(f) at any one time, uses only 1 primary vessel.
Note A vessel identification number (a VIN) may be attached to a relevant permission allowing an operator to use the particular vessel or aircraft that displays the VIN in the Planning Area. Information about VINs can be found on the Authority’s website at http://www.gbrmpa.gov.au.
Low Island Locality means the area described in item 9 of Schedule 3.
low use Location means a Location so listed in Schedule 4.
Marine Park has the same meaning as in the Act.
Marine Park boundary means the notional line bounding the area described in Schedule 1 of the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.
Note The Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004 was published in Gazette No. S119 of 21 April 2004.
Michaelmas Cay Locality means the area described in item 12 of Schedule 3.
moderate use Location means a Location so listed in Schedule 4.
Moore Reef Locality 1 means the area described in item 17 of Schedule 3.
Moore Reef Locality 2 means the area described in item 18 of Schedule 3.
mooring means a permanently located facility that is designed solely for mooring a vessel or aircraft, and includes the mooring buoy, tackle and the point of attachment to the seabed.
mooring site means the area within the line every point of which is 50 metres from the nearest point of:
(a) the mooring buoy of a single-point mooring system; or
(b) the primary mooring buoy of a fore-and-aft mooring system.
mooring system means:
(a) a single-point mooring system; or
(b) a fore-and-aft mooring system.
motorised water sport has the same meaning as in the Regulations.
new permission means a relevant permission that does not arise out of a permission that was in existence before the commencement of Schedule 1 to the Cairns Area Plan of Management Amendment 2008 (No. 1).
non‑motorised craft operation means an operation that:
(a) is part of a tourism program; and
(c) uses non‑motorised craft; and
(d) uses a guide as part of the operation.
Offshore Cairns Sector means the area described in item 4 of Schedule 2.
Offshore Port Douglas Sector means the area described in item 3 of Schedule 2.
overall length has the meaning given by subsections 3 (7) and 3 (8) of the Act.
permanently moored facility:
(a) means a facility that is moored in 1 vicinity for more than:
(i) 14 consecutive days; or
(ii) 30 days in any period of 60 days; or
(b) if it is defined in the Regulations — has the meaning given in the Regulations.
permitted mooring has the same meaning as in the Regulations.
permitted pontoon means a pontoon for which a relevant permission has been granted.
personal watercraft has the same meaning as in the Regulations.
Planning Area means the Cairns Planning Area.
pontoon means a non-motorised permanently moored facility that is used primarily for tourist or aquaculture activities (except solely as a landing area for helicopters).
pontoon site means the area within the line every point of which is 200 metres from the nearest point of a pontoon.
reef has the same meaning as in the Zoning Plan.
Reef Anchorage means an area described in Schedule 8.
reef edge has the same meaning as in the Zoning Plan.
regional tour operation means an operation that:
(c) at any one time, uses only 1 primary vessel or aircraft; and
(d) if using a vessel — uses a vessel that has an overall length of not more than 70 metres.
Note 1 A vessel identification number (a VIN) may be attached to a relevant permission allowing an operator to use the particular vessel or aircraft that displays the VIN in the Planning Area. Information about VINs can be found on the Authority’s website at http://www.gbrmpa.gov.au.
Note 2 Regional Tour Operations are permitted to have daily access to the Planning Area: see subclause 1.43 (5) of this Plan.
Regulations means the Great Barrier Reef Marine Park Regulations 1983.
relevant permission has the same meaning as in the Regulations.
Ribbon Reefs Sector means the area described in item 2 of Schedule 2.
Sensitive Location means a Location mentioned in column 2 of an entry in Part 1 or 2 of Schedule 5 and includes the airspace above the ground or water of the Location to the height mentioned in column 3 of the entry for that Location.
ship means a vessel that has an overall length of more than 70 metres.
South Offshore Cairns Sector means the area described in item 5 of Schedule 2.
standard tour operation means an operation that:
(c) at any one time, uses only 1 primary vessel or aircraft; and
(d) if using a vessel — uses a vessel that has an overall length of not more than 70 metres.
Note A vessel identification number (a VIN) may be attached to a relevant permission allowing an operator to use the particular vessel or aircraft that displays the VIN in the Planning Area. Information about VINs can be found on the Authority’s website at http://www.gbrmpa.gov.au.
Sudbury Cay Locality means the area described in item 19 of Schedule 3.
support service operation means an operation that:
(c) uses a vessel or aircraft to service another vessel or aircraft (the supported vessel or aircraft) to enable the supported vessel or aircraft to continue operating safely and effectively; and
(d) does not operate in continuous association with a vessel or aircraft that is being serviced as part of the support service operation; and
(e) does not remain associated with the vessel or aircraft being serviced for longer than is necessary to provide the support service; and
(f) at any one time, uses only 1 primary vessel or aircraft.
Note 1 The following are examples of the types of services that a support service operation may offer:
Note: (a) delivering spare parts or equipment;
Note: (b) landing torn sails for repair;
Note: (c) medivac support;
Note: (d) assisting in pollution control.
Note 2 A vessel identification number (a VIN) may be attached to a relevant permission allowing an operator to use the particular vessel or aircraft that displays the VIN in the Planning Area. Information about VINs can be found on the Authority’s website at http://www.gbrmpa.gov.au.
taking has the same meaning as in the Zoning Plan.
tourism operation means any of the following:
(a) a craftless operation;
(b) a cruise ship operation;
(c) a hire operation;
(d) a long range roving operation;
(e) a non-motorised craft operation;
(f) a regional tour operation;
(g) a standard tour operation;
(h) a support service operation.
tourist has the same meaning as in subsection 3A (9) of the Act.
tourist facility has the meaning given by subsection 3A (4) of the Act.
tourist program has the same meaning as in subsection 3A (3) of the Act, modified so that the reference to a zoning plan in that subsection is a reference to a plan of management.
traditional owner has the same meaning as in regulation 33 of the Regulations, modified so that the reference to the Zoning Plan in that regulation is a reference to this Plan of Management.
traditional owner group has the same meaning as in regulation 33 of the Regulations, modified so that the reference to the Zoning Plan in that regulation is a reference to this Plan of Management.
trolling has the same meaning as in the Zoning Plan.
vessel has the same meaning as in subsection 3 (1) of the Act.
year means a period of 365 consecutive days.
zone means a zone mentioned in the Zoning Plan.
Zoning Plan means the Great Barrier Reef Marine Park Zoning Plan 2003.