Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004

The central legal concept is the "declaration of part of the Marine Park" under section 31 of the Great Barrier Reef Marine Park Act 1975. The Act empowers the Governor-General to declare, by proclamation, that a specified area of the Great Barrier Reef Region is part of the Marine Park, and to assign a name to that area. The Amalgamated Great Barrier Reef Section is one such declared area. The declaration has the effect that the Act applies to that area, meaning that activities such as fishing, tourism, shipping, mining, and scientific research are regulated under the Act and any zoning plans made under it.

The Proclamation introduces two boundary definitions used for drawing parts of the Schedule 1 line. The "coastal 1 kilometre line" is a notional line every point of which is 1 kilometre seaward from the nearest point of the land at low water, or from the edge of a fringing reef if one is adjacent to the land. The "5 kilometre line" is similarly defined but at a distance of 5 kilometres from the nearest point of land at low water. These lines are used in items 51-52 and 56-57 of Schedule 1 to create "buffers" around certain coastlines. For example, around Magnetic Island, the boundary runs along the coastal 1 kilometre line rather than the low water coastline itself.

The Geocentric Datum of Australia 1994 is the reference frame for all geographic coordinates in Schedule 1. GDA94 is a geocentric datum that approximates the International Terrestrial Reference Frame and was adopted as the Australian standard in 1995. Users must interpret the coordinates with reference to that datum, not earlier datums such as AGD66 or AGD84. A coordinate expressed in one datum will be offset by about 200 metres horizontally in some parts of the region when converted to another datum. The Proclamation includes a note referring to the Gazette publication of GDA94.

The Proclamation also defines the vertical extent of the declared area. The subsoil beneath the seabed is included to a depth of 1,000 metres below the seabed, and the subsoil beneath any land within the area (such as islands) to the same depth. The airspace above the area is included to a height of 915 metres above the surface. These vertical limits are directly specified in section 4 of the Proclamation, referencing subsections 31(2)(c), (d) and (e) of the Act. The 915-metre airspace limit corresponds to approximately 3,000 feet, which is a standard ceiling for certain classifications of controlled airspace in Australia, but here it simply marks the upper boundary of the Marine Park declaration.

The Proclamation affects any person or entity whose activities or interests fall within the physical area described in Schedule 1. Because this area is now part of the Marine Park, the full regulatory regime of the Great Barrier Reef Marine Park Act 1975 applies. The most directly affected groups include commercial and recreational fishers, who must comply with zoning restrictions and permit requirements when operating in the area. Tour operators, dive businesses, and charter vessel companies are affected because their operating areas are now part of the declared Marine Park. Mining and energy companies exploring or extracting resources from the seabed or subsoil are affected, as the Proclamation specifically includes the subsoil to 1,000 metres, meaning that any petroleum or mineral extraction within that zone requires authorisation under the Act, in addition to any Queensland or Commonwealth mining approvals.

Indigenous groups with native title rights or traditional use activities in the coastal and island areas may be affected. The boundary runs along the coastline at low water in most places, but in some locations (such as near Magnetic Island and elsewhere) the boundary is set 1 or 5 kilometres seaward, which may extend the Marine Park declaration into areas that were previously outside any declared section. However, the revocation of earlier proclamations might also reduce the declared area in some places if the new boundary differs from the old one. For example, the Burdekin Section, the Bustard Bay Section, and others each had their own boundary descriptions. The new amalgamated boundary may include slightly less or more area than the sum of the old sections, and anyone whose rights or activities depend on the precise boundary line must check the new coordinates carefully.

The Proclamation also affects state and local government bodies with responsibilities for coastal management, ports, and infrastructure. Because the Marine Park declaration includes the subsoil to 1,000 metres and the airspace to 915 metres, proposed developments such as dredging, port expansions, or coastal reclamation may require assessment under the Act. The revocation of the earlier proclamations means that any permits or approvals that were granted with reference to those old sections may need to be reviewed if their terms refer to the now-revoked sections. However, the Act's transitional provisions are not in this Proclamation; they would be found in the Act itself or in the relevant zoning plans.

Finally, the Proclamation affects anyone who might conduct research or monitoring activities within the area, as well as enforcement agencies such as the Great Barrier Reef Marine Park Authority and the Australian Federal Police. The consolidation of boundaries may simplify enforcement, but it also creates a single large declared area into which all regulatory activity now focuses.

The Proclamation itself does not impose any duties or confer any rights directly. It is a boundary-defining instrument. The duties and rights that apply within the Amalgamated Great Barrier Reef Section arise from the Great Barrier Reef Marine Park Act 1975 and any regulations, zoning plans, or management plans made under it. Under the Act, a person must not carry out an activity in the Marine Park that is prohibited by a zoning plan unless that activity is authorised by a permission, permit, or accreditation. The specific duties depend on the zoning of the particular location within the Section.

For example, in "Green Zones" (no-take areas) the duty is not to fish, collect, or otherwise extract marine resources. In "Yellow Zones" (conservation zones) certain fishing may be permitted but with restrictions. In "General Use Zones" most activities are allowed subject to permits. The Proclamation does not alter those zone boundaries; they remain as set out in the Great Barrier Reef Marine Park Zoning Plan 2003 (as amended from time to time). The effect of the Proclamation is simply to ensure that the entire geographic area described in Schedule 1 is subject to whichever zones apply under that Plan.

One significant right that flows from the declaration is the right to apply for a permission to conduct otherwise prohibited activities. Under the Act, the Great Barrier Reef Marine Park Authority may grant permissions for activities such as research, traditional use, or tourism operations, provided they are consistent with the zoning plan. The Proclamation expands the geographic scope of where such permissions may be sought (relative to the revoked sections), but only to the extent the new boundary includes area not previously covered. Conversely, if the new boundary excludes some area that was previously within an old section, permissions that were valid in that area may no longer be effective, and the holder would need to seek a new permission for the now-excluded area (if it is still within the Great Barrier Reef Region but outside the declared Marine Park).

The Proclamation also affects the rights of holders of existing permits that were issued with reference to one of the revoked sections. The revocation of the underlying proclamation could, in theory, affect the validity of permits that refer to a specific section name. However, the Act typically contains transitional provisions that preserve the effect of permits after boundary changes. Since this Proclamation does not include transitional provisions, one would need to look at the Act itself or any transitional regulations. The prudent approach for any permit holder is to confirm that the area covered by their permit still falls within the Amalgamated Great Barrier Reef Section and that their permit remains in force.

The Proclamation does not itself set penalties. Rather, it identifies the area in which the prohibitions and penalties of the Great Barrier Reef Marine Park Act 1975 apply. Under that Act, the maximum penalties for various offences are substantial. For example, taking a marine resource from a no-take zone can attract a penalty of up to 250 penalty units (currently $55,000) for an individual and up to 1,250 penalty units ($275,000) for a body corporate, plus forfeiture of vessels, gear, and catch. More serious offences, such as unauthorised mining, can attract even higher penalties. The Proclamation extends the reach of these penalties over the entire Amalgamated Great Barrier Reef Section.

Enforcement is carried out by officers appointed under the Act, including officers of the Great Barrier Reef Marine Park Authority, the Australian Federal Police, the Australian Border Force, and state fisheries officers who are authorised as inspectors under a cooperative agreement. They can board vessels, inspect premises, require production of documents, seize evidence, and issue infringement notices. The boundaries defined in the Proclamation are critical for enforcement because an officer must be able to prove that an alleged offence occurred within the Marine Park. The consolidation of boundaries into a single continuous area simplifies that task in principle, because there is no longer a need to check which of many previous section proclamations applied. However, the boundary line is complex and includes sections that follow the coastline at low water, which can shift due to erosion or accretion. The Proclamation uses "low water" as the reference point, but the precise legal meaning of low water (Mean Low Water Springs, Mean Low Water, or Lowest Astronomical Tide) is not defined in this Proclamation; the Act may provide a definition. If it does not, that ambiguity could be exploited in enforcement proceedings.

The Proclamation also includes the airspace to 915 metres, meaning that an aircraft flying within that altitude and within the lateral boundary can be subject to enforcement action if it breaches a regulation, such as flying over a restricted zone. Similarly, subsea activities such as drilling, dredging, or mining are captured up to 1,000 metres below the seabed. Enforcement against subsurface activities may be more difficult practically, but the legal power exists.

The revocation of earlier proclamations means that any prosecutions or enforcement actions that rely on those old proclamations as the basis for jurisdiction may need to be reassessed. If an offence occurred before the commencement of this Proclamation, the old proclamations would apply. If it occurred after 1 July 2004, the new Amalgamated Section applies. In theory, this should not create a gap because the area covered by the amalgamated section is intended to cover the same geographic scope, but boundary differences could create a temporal gap where an area was in an old section before July 2004, not in any declared section between July 2004 and the date of this Proclamation, and then back in the amalgamated section after that date. This Proclamation does not provide a mechanism to attribute prior offences to the new boundary. Enforcement agencies would need to rely on the original basis for any pre-2004 offences.

The Great Barrier Reef Marine Park Act 1975 is a Commonwealth law that operates alongside a range of other legal regimes. The Proclamation itself does not modify those interactions, but by declaring a new amalgamated area it may affect how other laws apply. The key interacting laws include the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which also applies to the Great Barrier Reef World Heritage Area and other matters of national environmental significance. Activities within the Marine Park that may have a significant impact on the World Heritage values, listed threatened species, or migratory species may require approval under the EPBC Act as well as under the Marine Park Act. The Proclamation does not change the overlap, but it does mean that the declared area is coextensive with (or different from) the World Heritage Area boundary in some places. Users need to check both.

State laws also interact. Queensland has jurisdiction over coastal waters out to three nautical miles under the Coastal Waters (State Powers) Act 1980 (Cth) and the corresponding Queensland Act. The Great Barrier Reef Marine Park Act generally applies in areas beyond Queensland's coastal waters, but there are areas of overlap. The Proclamation includes some near-shore areas, especially where the boundary follows the 1 kilometre or 5 kilometre lines. Those areas are within the coastal waters of Queensland, meaning that state laws such as the Fisheries Act 1994 (Qld) and the Marine Parks Act 2004 (Qld) also apply. The Commonwealth and Queensland have an intergovernmental agreement to coordinate management, often through joint zoning plans. The Proclamation does not affect that agreement.

The Offshore Minerals Act 1994 (Cth) and the Petroleum (Submerged Lands) Act 1967 (Cth) may apply to the subsoil beyond the three nautical mile limit. The Proclamation includes the subsoil to 1,000 metres, which means that any exploration or extraction must comply with the Marine Park Act in addition to those mining laws. The interaction with mining laws is explicitly addressed in the Great Barrier Reef Marine Park Act, which generally prohibits mining unless a specific permission is granted. The Proclamation reinforces that prohibition over the entire amalgamated area.

The Navigation Act 2012 (Cth) and international law of the sea also interact. The Marine Park includes areas that are within Australia's internal waters, territorial sea, and exclusive economic zone. The Proclamation cannot extend the regulatory reach beyond what international law permits, but it does declare that those areas are part of a marine park. The Proclamation's airspace limit of 915 metres is within Australian sovereign airspace, but it may intersect with controlled airspace managed by Airservices Australia. The Civil Aviation Safety Authority (CASA) regulations continue to apply, and the Airspace Act 2001 may require coordination.

The revocation of the earlier proclamations means that any state or local government permits that were granted with reference to those old proclamations may need to be updated. For example, a Queensland lease for a fish farm that was situated within the old Burdekin Section may now fall within the Amalgamated Great Barrier Reef Section. The leaseholder must ensure that their lease is consistent with the Marine Park zoning plan. The Proclamation itself does not automatically invalidate state permits, but it may create a conflict that the permit holder must resolve.

This Proclamation has not been amended; it is the original instrument as made in 2004. The only amendment history relevant to it is the fact that it revoked twenty-three earlier proclamations. Those earlier proclamations varied in date and scope. The earliest was from 25 August 1983 (two separate proclamations on that date revoking earlier ones), followed by others in 1984, 1987, 1989, 1997, 2000, and 2001. The Proclamation effectively consolidates them into one.

There is no information in the source about whether this Proclamation itself has been subsequently amended or replaced by later proclamations. A user would need to check the Federal Register of Legislation for any amending proclamations. The Proclamation's commencement date is 1 July 2004, so any amendments after that date would be in separate instruments.

The revocation table in section 5 lists each revoked proclamation by name (if any), date of proclamation, date of gazettal, and gazette number. Some of the early proclamations had no formal name, so they are designated by a dash. The revocation is effective from the commencement of this Proclamation. Any permits or approvals that expressly relied on those proclamations would need to be read as referring to the Amalgamated Great Barrier Reef Section instead, unless transitional provisions in the Act say otherwise.

The Proclamation does not contain a sunset clause, amendment provision, or review mechanism. It remains in force until replaced or revoked by a later proclamation under section 31 of the Act.

The Proclamation itself does not refer to any litigation. However, one can anticipate potential litigation issues that could arise from its operation. Boundary disputes are a likely source of litigation. The definition relies on low water along the coastline, which is a moving reference point due to natural processes of erosion and accretion. If a particular coastline shifts, the legal boundary may move with it, creating uncertainty about where the Marine Park begins. Similar issues arise with the 1 kilometre and 5 kilometre lines, which are measured from the low water line. If the low water line shifts, those lines shift as well, potentially expanding or contracting the Marine Park without any new proclamation. This could lead to disputes between landowners, fishers, and the government.

Another litigation risk relates to the datum conversion. Coordinates are expressed in GDA94. Suppose a party uses an older mapping system based on AGD66 or AGD84 and crosses what they believe is the boundary. If the difference in datum causes a miscalculation of about 200 metres, a person could be inside or outside the Marine Park without realising it. Enforcement actions could be challenged on the ground that the coordinates were incorrect due to datum error. Courts would need to determine which datum is authoritative. The Proclamation specifies GDA94, so that would likely prevail, but the practical difficulty of converting coordinates could still be a defense.

A third possible litigation area is the revocation of earlier proclamations. If the new Schedule 1 boundary inadvertently excludes a small area that was previously within an old section, that area would cease to be part of the Marine Park. A person who held a permit for that area might claim they are no longer subject to the Act, or conversely, a person who was outside the old section but within the new boundary might argue they were not given proper notice of the expansion. There is no case law cited in the Proclamation, but such boundary disputes are common in marine park contexts.

Finally, the inclusion of subsoil to 1,000 metres and airspace to 915 metres could lead to litigation if a mining explorer or an airport operator challenges the extent of the declaration. For example, an airport operator might argue that the 915 metre airspace limit interferes with flight paths or that the Commonwealth lacks constitutional power to declare airspace as part of a marine park. However, the Act likely relies on the external affairs power or the fisheries power to support such declarations.

Since the Proclamation is from 2004, if any litigation had occurred, it would be in court records. The user would need to search for cases such as "Great Barrier Reef Marine Park Authority v [defendant]" or "Menzies v Great Barrier Reef Marine Park Authority" to see if boundary issues have been litigated.

Several provisions are easily overlooked but have practical consequences. First, the definition of "coastal 1 kilometre line" includes a special rule for fringing reefs. If a fringing reef is adjacent to the land, the 1 kilometre line is measured from the nearest point of the reef edge, not from the low waterline of the land. This means that in areas with extensive fringing reefs, such as around the Whitsunday Islands or the outer reef, the line can be significantly further seaward than a simple 1 kilometre from the coast. Users who rely on standard coastal maps may misjudge the boundary. Similarly, the 5 kilometre line is only measured from the low waterline of the land, not from the reef edge, which could create confusion if both lines are in the same area.

Second, the schedule uses geodesics in many legs, but also uses meridians, parallels, and coastline-following legs. Where the boundary follows a meridian (north-south line) or a parallel (east-west line), it is mathematically precise. But where it follows a geodesic, the line is the shortest path on the Earth's ellipsoid, which is not a straight line on a Mercator projection map. A navigator using a paper chart must account for this. For example, item 5 runs south-easterly along a geodesic to 20º 59.91′ S, 152º 55.06′ E. The geodesic between two points will appear curved on a map. If a vessel follows a constant compass bearing instead, it will deviate from the true boundary.

Third, the vertical limits deserve attention. The subsoil is included to 1,000 metres below the seabed. This may capture deep mineral deposits or petroleum reservoirs. However, the Proclamation does not address the situation where the seabed is more than 1,000 metres deep. In such areas, the subsoil below the seabed may extend beyond the 1,000 metre limit, and any drilling that goes deeper than that would be outside the declared area. But if the seabed is less than 1,000 metres deep, the subsoil includes everything down to 1,000 metres below the seabed, which could potentially include deep aquifers or geological formations that extend beyond the lateral boundary. The inclusion of subsoil beneath any land within the area is similarly broad. This means that an island that is partly within the boundary (say, the low water line runs across its beach) could have its entire subsurface to 1,000 metres included, even if the island is mostly above the low water line. The boundary is the low water line, but the subsoil extends beneath the whole island area.

Fourth, the revocation of the earlier proclamations may create a temporal gap for any area that was previously not within any declared section but had been included in one of the old sections due to an overlapping proclamation. The revocation date is the commencement date of this Proclamation. If a period of time elapses between the revocation of the old proclamations and the legal effect of the new declaration, there could be a brief period where an area is not part of the Marine Park. The Proclamation commences on 1 July 2004, and the declaration under section 4 is effective from that date. So there is no gap in time, but there could be a gap in coverage if the new boundary is smaller than the sum of the old boundaries.

Fifth, the airspace limit of 915 metres is low. Many light aircraft and drones fly at this altitude. The airspace above 915 metres up to the boundary of Australian airspace is not part of the Marine Park, but activities such as overflying the area may still be subject to the Act if they affect the marine environment (e.g., low-flying aircraft disturbing seabird colonies). However, the Proclamation only includes the lower airspace. Managers may need to rely on other laws to regulate higher overflights.

Compliance with the Proclamation itself is straightforward: know the boundary. Anyone proposing to undertake an activity within the Great Barrier Reef Region must first determine whether they are within the Amalgamated Great Barrier Reef Section. The boundary is defined in Schedule 1 and by reference to GDA94 coordinates. The best practice is to obtain an official map or electronic boundary file from the Great Barrier Reef Marine Park Authority. Do not rely on generalised charts or older charts based on AGD66 datum. If using a GPS unit or electronic chartplotter, ensure that the coordinate system is set to GDA94 or its modernised version GDA2020 (with a note that GDA2020 differs from GDA94 by about 1.5 metres, which is negligible for most purposes but should be checked for exact boundary posts).

If your activity falls within the Section, you must then comply with the Great Barrier Reef Marine Park Act 1975, the regulations, and the relevant zoning plan. This means obtaining the necessary permissions (permits, accreditations, or notifications) before carrying out any activity that is prohibited or restricted by the zoning plan. For example, if you plan to operate a tourist vessel, you need a permission from the Authority. If you plan to fish, you need to check the zoning for that location: green zones prohibit all take; blue zones allow limited take with a permit; general use zones allow most fishing subject to size and bag limits under Queensland fisheries law but additional Marine Park rules may apply. Research activities require a research permit. Mining is prohibited without a specific permission, which is rarely granted.

If you are a holder of a permit that was issued under one of the revoked proclamations (e.g., a permit for the Burdekin Section), check that the permit remains valid for the area now within the Amalgamated Great Barrier Reef Section. Contact the Authority to confirm that the permit's conditions are still effective and that the area of operation is still within the Marine Park. If the permit refers specifically to a revoked section name, the Authority may issue an amended permit.

For enforcement purposes, keep records of your position while conducting activities. Use a GPS to log coordinates and ensure you are not crossing the boundary. Vessels should maintain a log of positions at regular intervals. If you are conducting subsurface activities such as drilling, ensure that the drill site is within the area and that you have any necessary approvals for the seabed and subsoil. Since the subsoil extends to 1,000 metres, any mining or petroleum activity must comply with the Act, including obtaining a permission under section 38ZF of the Act (which prohibits mining unless the Minister declares the area open for mining, which has never happened in practice). In effect, mining is prohibited, and compliance is straightforward: do not mine.

For aerial activities such as drone flying or helicopter tours, stay below 915 metres within the lateral boundary to remain within the declared area. Above 915 metres, you are not within the Marine Park, but you may still need to consider the EPBC Act if your activity affects the World Heritage Area or listed species. Also, be aware of overlap with Queensland marine parks; check the Queensland Parks and Wildlife Service for any state requirements.

Finally, if you are involved in coastal development, dredging, or infrastructure works, engage a specialist environmental lawyer to assess whether the activity falls within the Marine Park and what permissions are required. The boundary can be close to the shore, especially in areas where the 1 km or 5 km lines apply. For example, near Gladstone, the boundary includes areas seaward of the 5 kilometre line, so dredging areas near the port may be partly within and partly outside the Marine Park. Obtain precise survey data and confirm with the Authority.