Part I
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Commonwealth act
The Act establishes the legal framework and the Great Barrier Reef Marine Park Authority to protect and manage the Great Barrier Reef, using zoning, permissions, Indigenous participation, shipping controls and enforcement to ensure ecologically sustainable use and meet Australia’s World Heritage obligations.
It affects tourists, commercial operators (tourism, fishing, shipping), researchers, traditional owners, developers and governments — and matters because it prevents overexploitation and damage, safeguarding the reef’s biodiversity and economic value for present and future generations.
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Direct links to the current provisions in Great Barrier Reef Marine Park Act 1975.
This Act may be cited as the Great Barrier Reef Marine Park Act 1975.
This Act shall come into operation on the day on which it receives the Royal Assent.
(1) The main object of this Act is to provide for the long term protection and conservation of the environment, biodiversity and heritage values of the Great Barrier Reef Region. (2) The other objects of this Act are to do the following, so far as is consistent with the main object: (a) allow ecologically sustainable use of the Great Barrier Reef Region for purposes including the following: (i) public enjoyment and appreciation; (ii) public education about and understanding of the Region; (iii) recreational, economic and cultural activities; (iv) research in relation to the natural, social, economic and cultural systems and value of the Great Barrier Reef Region; (b) encourage engagement in the protection and management of the Great Barrier Reef Region by interested persons and groups, including Queensland and local governments, communities, Indigenous persons, business and industry; (c) assist in meeting Australia’s international responsibilities in relation to the environment and protection of world heritage (especially Australia’s responsibilities under the World Heritage Convention). (3) In order to achieve its objects, this Act: (a) provides for the establishment, control, care and development of the Great Barrier Reef Marine Park; and (b) establishes the Great Barrier Reef Marine Park Authority; and (c) provides for zoning plans and plans of management; and (d) regulates, including by a system of permissions, use of the Great Barrier Reef Marine Park in ways consistent with ecosystem‑based management and the principles of ecologically sustainable use; and (e) facilitates partnership with traditional owners in management of marine resources; and (f) facilitates a collaborative approach to management of the Great Barrier Reef World Heritage area with the Queensland government.
(1) In this Act, unless the contrary intention appears:
aggravated contravention has the meaning given by section 38GB.
aggravated offence has the meaning given by section 38GA.
agreement includes a treaty or convention.
aircraft means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, but does not include a hovercraft.
amendment, in relation to a plan of management, means an amendment of such a plan that is prepared under section 39ZG.
animal means any member, alive or dead, of the animal kingdom (other than man), and includes:
(a) eggs or parts of eggs; and
(b) the skin, feathers, shell or any other part of an animal.
ART means the Administrative Review Tribunal.
Australian jurisdiction has the meaning given by subsection 5(4).
Australian resident means:
(a) a person who holds a permanent visa (as defined in the Migration Act 1958) that is in effect; or
(b) a New Zealand citizen who is usually resident in Australia or a Territory and who holds a special category visa (as defined in the Migration Act 1958) that is in effect; or
(c) any other person who is usually resident in Australia or a Territory and whose continued presence in Australia or a Territory is not subject to a limitation as to time imposed by law.
Authority means the Great Barrier Reef Marine Park Authority established by this Act.
CEO means the Chief Executive Officer of the Authority.
Chairperson means the Chairperson of the Authority.
charge means charge imposed by:
(a) the Great Barrier Reef Marine Park (Environmental Management Charge—General) Act 1993; or
(b) the Great Barrier Reef Marine Park (Environmental Management Charge—Excise) Act 1993.
chargeable permission means a permission granted under the regulations, where the permission is of a kind declared by the regulations to be a chargeable permission for the purposes of this Act.
civil penalty provision has the meaning given by section 61AID.
class vessel monitoring direction has the meaning given by subsection 61AAA(7).
community group having a special interest has a meaning affected by section 39V.
compulsory pilotage area means any part of the Great Barrier Reef Region that is prescribed by the regulations.
conduct has the same meaning as in the Criminal Code.
corporate Commonwealth entity has the meaning given by the Public Governance, Performance and Accountability Act 2013.
declaration of contravention means a declaration made under section 61AIA.
discharge, in relation to waste, means release the waste, however the release is caused, and includes any escape, disposal, depositing, spilling, leaking, pumping, emitting or emptying of the waste.
dory means:
(a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory authorising the vessel to be used in association with a primary commercial fishing vessel; or
(b) a vessel that is used in association with a primary commercial fishing vessel.
Note: A dory might also be known as a tender commercial fishing vessel.
ecologically sustainable use has the meaning given by section 3AA.
ecosystem‑based management means an integrated approach to managing an ecosystem and matters affecting that ecosystem, with the main object being to maintain ecological processes, biodiversity and functioning biological communities.
emergency direction has the meaning given by subsection 61ACA(2).
enforceable direction has the meaning given by subsection 61ADA(2).
enforcement provision, in relation to a plan of management or an amendment of a plan of management, has the meaning given by subsection 39ZD(5) or by that subsection as it has effect because of subsection 39ZG(2), as the case may be.
engage in conduct has the same meaning as in the Criminal Code.
environmental management means:
(a) environmental management;
(b) natural resource management;
(c) park management (including aquarium management and zoo management); or
(d) any similar matter.
executive officer, of a body corporate, means a person, by whatever name called and whether or not a director of the body, who is concerned in, or takes part in, the management of the body.
farming facility means a facility for the farming of marine resources.
Federal Court means the Federal Court of Australia.
fish includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms, but does not include marine mammals or marine reptiles.
fishing means any of the following:
(a) taking fish;
(b) attempting to take fish;
(c) engaging in any activity (including searching for fish, using fishing apparatus and using fish aggregating devices) in connection with taking, or attempting to take, fish.
geological storage operations means:
(a) operations to inject and store a gas substance in part of a geological formation; or
(b) operations preparing for or incidental to operations mentioned in paragraph (a).
Great Barrier Reef Region means:
(a) the area described in Schedule 1; and
(b) such area (if any) contiguous with the northern boundary of that area as is prescribed;
other than any part of such an area that is referred to in section 14 of the Seas and Submerged Lands Act 1973 or is an island, or a part of an island, that forms part of Queensland and is not owned by the Commonwealth.
Great Barrier Reef World Heritage Area means the area described in Schedule 1.
hovercraft means a vehicle designed to be supported on a cushion of air.
Indigenous person means a person who is:
(a) a member of the Aboriginal race of Australia; or
(b) a descendant of an Indigenous inhabitant of the Torres Strait Islands.
individual vessel monitoring direction has the meaning given by subsection 61AAA(2).
inspector means:
(a) a person appointed as an inspector under subsection 43(1); or
(b) a person referred to in section 44.
landing area means an area for the landing of aircraft.
late payment penalty means an amount payable under subsection 39G(1), (1A) or (1B).
Marine Park means the Great Barrier Reef Marine Park established by this Act.
master means a person having command or charge of a vessel.
member means a member of the Authority.
member of the governing body of a relevant interest group has the meaning given by subsection 10(10).
minerals means minerals in any form, whether solid, liquid or gaseous and whether organic or inorganic.
mining operations:
(a) means operations or activities connected with, or incidental to, the mining or recovery of minerals; and
(b) includes prospecting for or exploring for minerals.
mitigate, in relation to damage, includes prevent further damage.
navigate without a pilot has the meaning given by subsections (5) and (6).
offence against this Act includes an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act.
official has the meaning given by the Public Governance, Performance and Accountability Act 2013.
oil has the same meaning as in Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.
oil tanker means a vessel fitted with cargo spaces that are constructed and used to carry oil in bulk of a total capacity of at least 200 cubic metres.
overall length has the meaning given by subsection (7) or (8).
owner, in relation to a vessel, has the meaning given by subsection (9) or (10).
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
part‑time member means a member appointed under subsections 10(2) and (2A).
pecuniary penalty order means an order referred to in subsection 61AIC(2).
pilot means a person:
(a) who does not belong to, but has the conduct of, a vessel; and
(b) who is licensed or registered under a prescribed law of the Commonwealth, a State or a Territory.
pilot’s certificate means a certificate issued by a pilot under section 59E.
plan of management means a plan of management for the Marine Park that is prepared in accordance with Part VB.
plant means any member, alive or dead, of the plant kingdom or of the fungus kingdom, and includes seeds and parts of plants.
port has the same meaning as in the Navigation Act 2012.
precautionary principle means the principle that lack of full scientific certainty should not be used as a reason for postponing a measure to prevent degradation of the environment where there are threats of serious or irreversible environmental damage.
primary commercial fishing vessel means:
(a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory authorising the vessel to be used to take fish for commercial purposes; or
(b) a vessel that is used to take fish for commercial purposes.
principles of ecologically sustainable use has the meaning given by section 3AB.
prohibited: conduct in a zone is prohibited if the conduct is neither:
(a) for a purpose for which, under the zoning plan for the zone, the zone may be used or entered without permission; nor
(b) for a purpose that, under the zoning plan for the zone, requires permission.
protected species means any of the following:
(a) a cetacean;
(b) a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species;
(c) a species of marine mammal, bird or reptile that is prescribed as endangered wildlife, vulnerable wildlife or rare wildlife under the Nature Conservation Act 1992 of Queensland;
(d) a species declared by the regulations to be a protected species for the purposes of this definition;
(e) a species declared by the regulations to be a strictly protected species for the purposes of this definition.
public notice means a notice published:
(a) in the Gazette; and
(b) in a newspaper circulating generally in Queensland; and
(c) on the website of the Authority; and
(d) in such other manner (if any) as the Authority considers appropriate.
reef includes bommie fields, reef slopes, moats and ramparts.
regulated ship means any kind of vessel:
(a) that is 70 metres or longer in overall length; or
(b) that is a loaded:
(i) oil tanker; or
(ii) chemical carrier; or
(iii) liquefied gas carrier;
other than: (c) a vessel belonging to an arm of the Defence Force of Australia or to the naval, military or air forces of a country other than Australia; or (d) a vessel in respect of which an exemption under section 59F is in force.
remediation order has the meaning given by subsection 61AHA(1).
reviewable decision has the meaning given by subsection 64(3).
take, in relation to an animal or plant, includes remove, gather, catch, capture, kill, destroy, dredge for, raise, carry away, bring ashore, interfere with and obtain.
this Act includes the regulations.
traditional owner means an Indigenous person:
(a) who is recognised in the Indigenous community or by a relevant representative Aboriginal or Torres Strait Islander body:
(i) as having spiritual or cultural affiliations with a site or area in the Marine Park; or
(ii) as holding native title in relation to that site or area; and
(b) who is entitled to undertake activities under Aboriginal or Torres Strait Islander custom or tradition in that site or area.
unzoned area means that part (if any) of the Marine Park in respect of which no zoning plan is in force.
vessel means a ship, boat, raft or pontoon or any other thing capable of carrying persons or goods through or on water, and includes a hovercraft.
vessel monitoring direction means an individual vessel monitoring direction or a class vessel monitoring direction.
vessel monitoring system means a system in which vessels are fitted with an electronic device that can provide information about the vessels’ course or position, or other such information.
waste means any of the following:
(a) oil within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983;
(b) noxious liquid substances within the meaning of Part III of that Act;
(c) packaged harmful substances within the meaning of Part IIIA of that Act;
(d) sewage within the meaning of Part IIIB of that Act;
(e) garbage within the meaning of Part IIIC of that Act;
(f) mixtures where the oil content is greater than 15 parts in 1,000,000 parts;
(g) any other matter that is declared by the regulations to be waste for the purposes of this definition.
zone means a zone created by a zoning plan (whether designated in the plan as a zone, area or some other designation).
zoning plan means a zoning plan prepared in accordance with Division 2 of Part V.
(1A) In this Act, the following terms have the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999:
approved conservation advice
Australian aircraft
Australian IUCN reserve management principles
Australian vessel
biodiversity
bioregional plan
cetacean
critical habitat
ecological community
ecosystem
environment
heritage value
IUCN category
key threatening process
listed marine species
listed migratory species
listed threatened ecological community
listed threatened species
recovery plan
species
threat abatement plan
wildlife conservation plan
World Heritage Convention
world heritage values
(2) In this Act, a reference to the sea‑bed includes a reference to the surface of any coral formation, and a reference to the sub‑soil includes a reference to the coral beneath the surface of any such formation. (4) A reference in this Act (other than in this subsection) to an offence against a provision of this Act includes a reference to an offence against: (a) section 6 of the Crimes Act 1914; or (b) section 11.1, 11.4 or 11.5 of the Criminal Code; that relates to an offence against a provision of this Act. (5) Subject to subsection (6), a vessel navigates without a pilot if it does not have a pilot on board navigating it. (6) If: (a) apart from this subsection, a vessel navigates without a pilot; and (b) the vessel is being towed by another vessel that is navigating with a pilot; the vessel under tow is to be treated as if it were navigating with a pilot. (7) Subject to subsection (8), the overall length of a vessel is 110% of the length as shown on the vessel’s load‑line certification. (8) If the overall length of a vessel cannot be worked out under subsection (7), the length is taken to be the distance between: (a) a vertical line passing through a point that is the foremost part of the stem; and (b) a vertical line passing through a point that is the aftermost part of the stern. (9) Subject to subsection (10), owner, in relation to a vessel, means the person or each of the persons who are registered as owner of the vessel on the registration certificate granted: (a) by the Registrar of Ships under section 19 of the Shipping Registration Act 1981; or (aa) under a law of a State or Territory; or (b) by a foreign registrar of ships. (10) If the owner of a vessel does not operate the vessel, a reference in this Act to the owner of the vessel includes a reference to a person who is a party to an agreement with the owner under which the person, or the person and the owner, may determine the activities for which the vessel is used.
For the purposes of this Act, ecologically sustainable use of the Great Barrier Reef Region or its natural resources is use of the Region or resources: (a) that is consistent with: (i) protecting and conserving the environment, biodiversity and heritage values of the Great Barrier Reef Region; and (ii) ecosystem‑based management; and (b) that is within the capacity of the Region and its natural resources to sustain natural processes while maintaining the life‑support systems of nature and ensuring that the benefit of the use to the present generation does not diminish the potential to meet the needs and aspirations of future generations.
For the purposes of this Act, the following principles are principles of ecologically sustainable use: (a) decision‑making processes should effectively integrate both long‑term and short‑term environmental, economic, social and equitable considerations; (b) the precautionary principle; (c) the principle of inter‑generational equity—that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations; (d) the conservation of biodiversity and ecological integrity should be a fundamental consideration in decision‑making; (e) improved valuation, pricing and incentive mechanisms should be promoted.
(1) In the interpretation of a zoning plan, this section has effect in addition to section 3. (2) If: (a) a provision of a zoning plan (in this subsection called the first provision) has the effect that a particular activity in a particular area requires permission; and (b) another provision of the zoning plan (in this subsection called the second provision) would, apart from this subsection, have the effect that the same activity in the same area does not require permission; the first provision prevails over the second provision. (3) In a zoning plan, a reference to the operation, to the conduct, or to the establishment, of a tourist program is a reference to an activity (whether consisting of a single act or a series of acts) that: (a) is in the course of carrying on business; and (b) is or includes the provision of transport, accommodation or services for tourists or for persons who include tourists. (4) In a zoning plan, a reference to the provision of a tourist facility is a reference to the provision, in the course of carrying on business, of a facility for tourists or for persons who include tourists. (5) In a zoning plan, a reference to the construction or provision of a facility for a tourist program is a reference to the construction or provision, in the course of carrying on business, of a facility for an activity (whether consisting of a single act or a series of acts) that is or includes the provision of transport, accommodation or services for tourists or for persons who include tourists. (6) In a zoning plan, a reference to the operation, to the conduct, or to the establishment, of an educational program is a reference to the provision (whether as a single act or a series of acts) of transport, accommodation or services for a group or groups of 6 or more persons (none of whom is a tourist) principally for the purpose of systematically educating those persons. (7) In a zoning plan, a reference to the provision of an educational facility is a reference to the provision of a facility for a group of 6 or more persons (none of whom is a tourist) principally for the purpose of systematically educating those persons. (8) In a zoning plan, a reference to the construction or provision of a facility for an educational program is a reference to the construction or provision of a facility for the provision (whether as a single act or a series of acts) of transport, accommodation or services for a group or groups of 6 or more persons (none of whom is a tourist) principally for the purpose of systematically educating those persons. (9) In this section, and in a zoning plan:
facility includes a building, a structure, a vessel, goods, equipment or services.
tourist means a person who is in the Marine Park principally for the purpose of recreation (which may include fishing or collecting).
(10) For the purposes of subsection 38BA(5) and regulations made for the purposes of that subsection, this section is not to be regarded as amending a zoning plan.
(1) Where it is necessary for the purposes of this Act to determine the position on the surface of the Earth of a point, line or area that is specified by reference to one or more geographic co‑ordinates, then that position must be determined, unless the contrary intention appears, by reference to the Australian Geodetic Datum as defined in Gazette No. 84 of 6 October 1966. (2) In this section:
geographic co‑ordinate includes:
(a) a meridian of longitude by itself; and
(b) a parallel of latitude by itself.
this Act includes the following:
(a) the regulations;
(b) a Proclamation made under this Act;
(c) a plan of management;
(d) a zoning plan;
(e) any other instrument made under this Act.
(1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note 1: However, Part 2.5 of the Criminal Code does not apply to an offence against this Act: see subsection 61ANA(8) of this Act.
Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Extension to external Territories (1) This Act extends to every external Territory. Limited extraterritorial application (2) This Act applies to acts, omissions, matters and things in the Australian jurisdiction, and does not apply to acts, omissions, matters and things outside the Australian jurisdiction except so far as the contrary intention applies. Application to everyone in Australia and exclusive economic zone (3) A provision of this Act that has effect in relation to a place that is within the outer limits of the exclusive economic zone of Australia (whether the place is in the zone or in Australia or an external Territory), or that is on or in the continental shelf of Australia, applies in relation to the following: (a) all persons (including persons who are not Australian citizens); (b) all vessels (including vessels that are not Australian vessels); (c) all aircraft (including aircraft that are not Australian aircraft); (d) all platforms.
Note: A reference to Australia or to an external Territory generally includes a reference to the coastal sea of Australia or the Territory (as appropriate). See section 15B of the Acts Interpretation Act 1901.
Definition of Australian jurisdiction (4) In this Act:
Australian jurisdiction means:
(a) the land, waters, seabed and airspace in, under or above:
(i) Australia; or
(ii) an external Territory; or
(iii) the exclusive economic zone of Australia; or
(b) the continental shelf of Australia.
Note: A reference to Australia or to an external Territory generally includes a reference to the coastal sea of Australia or the Territory (as appropriate). See section 15B of the Acts Interpretation Act 1901.
(1) There is established by this Act an Authority by the name of the Great Barrier Reef Marine Park Authority.
Note: The Authority does not have a legal identity separate from the Commonwealth.
(2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (a) the Authority is a listed entity; and (b) the CEO is the accountable authority of the Authority; and (c) the following persons are officials of the Authority: (i) the Chairperson; (ia) the CEO; (ii) the other members; (iii) the staff of the Authority referred to in subsection 40(1); (iv) persons engaged under section 41; and (d) the purposes of the Authority include the functions of the Authority referred to in section 7.
(1) The functions of the Authority are: (a) to make recommendations to the Minister in relation to the care and development of the Marine Park including recommendations, from time to time, as to: (i) the areas that should be declared to be parts of the Marine Park; and (ii) the regulations that should be made under this Act; (b) to carry out, by itself or in co‑operation with other institutions and persons, and to arrange for any other institutions or persons to carry out, research and investigations relevant to the Marine Park; (c) to prepare zoning plans for the Marine Park in accordance with Division 2 of Part V; (caa) to make plans of management for the Marine Park in accordance with Part VB; (ca) to furnish information and advice to the Minister in respect of matters relating to the Marine Park, including: (i) information and advice in relation to any agreement (including any proposed agreement) between the Commonwealth and Queensland on such matters; (ii) information and advice on the following matters: (A) whether the Commonwealth should grant financial assistance to Queensland in respect of a matter relating to the Marine Park; (B) the amount and allocation of such assistance; (C) the terms and conditions (if any) on which such assistance should be granted; and (iii) information and advice on the following matters: (A) whether it is desirable that Queensland should make a payment to the Authority in respect of a matter relating to the Marine Park; (B) the amount and allocation of such payment; (C) the terms and conditions (if any) on which such payment should be given; (cb) to receive and disburse moneys appropriated by the Parliament for the purpose of payment of the moneys to Queensland by way of financial assistance to Queensland in respect of matters that relate to the Marine Park; (cc) to receive and disburse moneys paid to the Authority by Queensland under an agreement between: (i) the Commonwealth and Queensland; (ii) Queensland and the Authority; or (iii) the Commonwealth, Queensland and the Authority; (cd) to provide, and arrange for the provision of, educational, advisory and informational services relating to the Marine Park; (d) such functions relating to the Marine Park as are: (i) conferred on the Authority under this or any other Act; or (ii) provided for by the regulations; (daa) to exercise any powers, and perform any functions, relating to the Marine Park that have been delegated to the Authority under this or any other Act; (da) to provide assistance to other institutions and persons in accordance with section 7A; and (e) to do anything incidental or conducive to the performance of any of the foregoing functions. (1A) For the purposes of this section but without limiting the generality of paragraph (1)(ca), (cb), (cd), (d) or (daa), a matter shall be taken to relate to the Marine Park if it relates to: (a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) the use or management of which would or might affect the Marine Park; or (b) the use of a place outside the Marine Park for a purpose relating to the Marine Park. (1B) The Authority is responsible for the management of the Marine Park. (2) The Authority shall perform its functions in accordance with any general directions given by the Minister not inconsistent with this Act. (3) In managing the Marine Park and performing its other functions, the Authority must have regard to, and seek to act in a way that is consistent with: (a) the objects of this Act in section 2A; and (b) the principles of ecologically sustainable use; and (c) the protection of the world heritage values of the Great Barrier Reef World Heritage Area. (4) The Authority may prepare and publish plans and policies about: (a) the way in which the Authority intends to manage the Marine Park or perform its other functions; and (b) the way in which the Authority considers that this Act or a zoning plan applies: (i) in relation to persons generally or a class of persons; or (ii) in relation to persons generally, or a class of persons, in relation to particular circumstances. (5) A plan or policy prepared under subsection (4) is not a legislative instrument.
(1) Subject to this section, the Authority may, at the request of another institution or person, provide assistance to the institution or person in matters relating to environmental management. (2) The assistance may be provided by the Authority acting by itself or in co‑operation with other institutions and persons. (3) Without limiting the generality of the assistance that may be provided, the assistance may take any of the following forms: (a) the carrying out of research or investigations; (b) the provision of educational, advisory or informational services; (c) the making available of facilities. (4) The Authority shall not perform a function that the Authority has only because of this section unless the Minister has approved, in writing, the provision of the assistance concerned. (5) The Minister shall not give an approval under subsection (4) unless the Minister is satisfied that the provision of the assistance concerned is not likely to affect adversely the performance of the functions of the Authority conferred by other provisions of this Act. (6) An approval under subsection (4) may be given subject to conditions or restrictions set out in the instrument of approval (including conditions requiring the charging of fees). (7) Nothing in this section limits the functions that may be conferred on the Authority by the regulations. (8) The Minister may, by writing, delegate to the Authority or to the CEO his or her power to give approvals under subsection (4).
(1) The Authority may do all things that are necessary or convenient to be done for or in connection with the performance of its functions.
Note: The CEO may enter into contracts and other arrangements on behalf of the Commonwealth. See section 23 of the Public Governance, Performance and Accountability Act 2013.
(3) The Authority has power to perform any of its functions in co‑operation with Queensland, with an authority of that State or with a local governing body in that State.
The CEO is not subject to direction by the Authority in relation to the CEO’s performance of functions, or exercise of powers, under: (a) the Public Governance, Performance and Accountability Act 2013; or (b) the Public Service Act 1999; in relation to the Authority.
(1) The Authority consists of the following members: (a) a Chairperson; (b) the CEO; (c) 5 other members. (2) A member, other than the CEO, is to be appointed by the Governor‑General by written instrument. (2A) A member, other than the CEO, is appointed on a part‑time basis. (3) Subject to subsection (4), one of the part‑time members (other than the Chairperson) shall be a person appointed on the nomination of the Queensland Government. (4) Where: (a) the Commonwealth Government has invited the Queensland Government to nominate to the Minister a person to be appointed to a vacant office of part‑time member (whether or not the office has been previously filled); and (b) at the expiration of 3 months after the invitation, the Queensland Government has not nominated a person having the qualifications referred to in subsection (6) for appointment to the office; a person other than a person nominated by the Queensland Government may be appointed to the office notwithstanding that, upon the appointment, there will not be a part‑time member who is a person appointed on the nomination of the Queensland Government. (6) A person is not eligible for appointment as a part‑time member of the Authority unless the Governor‑General is satisfied that the person is suitably qualified for appointment because of significant knowledge of, or significant experience concerning, one or more of the following fields: (a) science (including one or more fields related to climate change, marine science, coastal ecology, fisheries, social sciences or engineering); (b) natural resource management; (c) Indigenous matters relating to the Marine Park; (d) the tourism industry associated with the Marine Park; (e) business or industry; (f) resource economics; (g) public sector governance; (h) regulation; (i) education or communications; (j) strategic management. (7) At least one part‑time member must be an Indigenous person who qualifies under paragraph (6)(c). (8) At least one part‑time member must be a person who qualifies under paragraph (6)(d). (9) A person is not eligible for appointment as a part‑time member of the Authority if, at the time of appointment, the person is a member of the governing body of a relevant interest group. (10) A person is a member of the governing body of a relevant interest group if: (a) the person is involved in the management of another entity (whether incorporated or otherwise); and (b) the other entity represents one or more groups of people who: (i) are directly involved in advocating about the management of the Marine Park; or (ii) use the Marine Park for commercial purposes.
(1) A part‑time member holds office for the period specified in the instrument of appointment. The period of appointment must not exceed 5 years.
Note: A member of the Authority may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
(2) A person must not hold office as a part‑time member for a continuous period exceeding 10 years. (3) For the purposes of subsection (2), any period when a person holds an acting appointment as a part‑time member of the Authority under subsection 15(3) is to be disregarded.
(1) A part‑time member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, a part‑time member is to be paid the remuneration that is prescribed by an instrument under subsection (4). (2) A part‑time member is to be paid the allowances that are prescribed by an instrument under subsection (4). (3) This section has effect subject to the Remuneration Tribunal Act 1973. (4) The Minister may, by legislative instrument, prescribe: (a) remuneration for the purposes of subsection (1); and (b) allowances for the purposes of subsection (2).
Chairperson (1) The Minister may grant leave of absence to the Chairperson on the terms and conditions that the Minister determines. Other part‑time members (2) The Chairperson may grant leave of absence to any other part‑time member on the terms and conditions that the Chairperson determines. (3) The Chairperson must notify the Minister if the Chairperson grants a part‑time member leave of absence for a period that exceeds 3 months.
(1) A part‑time member may resign his or her appointment by giving the Governor‑General a written resignation. (2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.
(1) The Minister may appoint a person, including a part‑time member, to act as Chairperson: (a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or, for any other reason, is unable to perform the duties of his or her office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
(3) The Minister may appoint a person to act as a part‑time member: (a) during a vacancy in an office of part‑time member, whether or not an appointment has previously been made to the office; or (b) during any period or during all periods when a part‑time member is acting as Chairperson, is absent from duty or from Australia or, for any other reason, is unable to perform the duties of his or her office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
(4) A person is not eligible for appointment to act as a part‑time member unless the person is eligible for appointment as a part‑time member of the Authority under subsections 10(6) and (9).
A part‑time member must not engage in any paid work that, in the Minister’s opinion, conflicts or could conflict with the proper performance of his or her duties.
A part‑time member must not be a member of the governing body of a relevant interest group.
Note: For when an individual is a member of the governing body of a relevant interest group, see subsection 10(10).
(1) The Governor‑General may terminate the appointment of a part‑time member: (a) for misbehaviour; or (b) if the member is unable to perform the duties of his or her office because of physical or mental incapacity. (2) The Governor‑General may terminate the appointment of a part‑time member if: (a) the part‑time member: (i) becomes bankrupt; or (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with his or her creditors; or (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (b) the part‑time member is absent, except on leave of absence, from 3 consecutive meetings of the Authority; or (c) the part‑time member engages in paid work that, in the Minister’s opinion, conflicts or could conflict with the proper performance of his or her duties (see section 15A); or (d) the part‑time member becomes a member of the governing body of a relevant interest group (see section 15B); or (e) the Minister is satisfied that the performance of the part‑time member has been unsatisfactory for a significant period; or (f) the part‑time member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
(1) A disclosure by a part‑time member under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister. (2) Subsection (1) applies in addition to any rules made for the purposes of that section. (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, a part‑time member is taken not to have complied with section 29 of that Act if the member does not comply with subsection (1) of this section.
A part‑time member of the Authority holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
(1) The Chairperson shall convene such meetings as he or she considers necessary for the performance of the functions of the Authority.
Note: See also section 33B of the Acts Interpretation Act 1901.
(2) The Chairperson shall, on receipt of a request in writing signed by the other members, convene a meeting of the Authority. (3) At a meeting of the Authority, 4 members constitute a quorum. (3A) However, if: (a) a member of the Authority is required by the rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Authority with respect to a particular matter; and (b) when the member leaves the meeting concerned there is no longer a quorum present; the remaining members at the meeting constitute a quorum for the purpose of any deliberation or decision at the meeting with respect to that matter. (4) The Chairperson shall preside at all meetings of the Authority at which he or she is present. (5) If the Chairperson is not present at a meeting of the Authority, the members present shall choose one of themselves to preside at the meeting. (6) At a meeting of the Authority, a question is decided by a majority of the votes of the members of the Authority present and voting. (7) The person presiding at the meeting has a deliberative vote and, in the event of an equality of votes, also has a casting vote. (8) The Authority must keep minutes of its meetings.
(1) The Authority is taken to have made a decision at a meeting if: (a) without meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and (b) that agreement is indicated in accordance with the method determined by the Authority under subsection (2); and (c) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision. (2) Subsection (1) applies only if the Authority: (a) has determined that it may make decisions of that kind without a meeting; and (b) has determined the method by which members are to indicate agreement with proposed decisions. (3) For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that decision if the matter had been considered at a meeting of the Authority. (4) The Authority must keep a record of decisions made in accordance with this section.
The Authority may, subject to this Part, regulate proceedings at its meetings as it considers appropriate.
Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which the members of the Authority may participate in meetings.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Great Barrier Reef Marine Park Act 1975.
This Act shall come into operation on the day on which it receives the Royal Assent.
(1) The main object of this Act is to provide for the long term protection and conservation of the environment, biodiversity and heritage values of the Great Barrier Reef Region. (2) The other objects of this Act are to do the following, so far as is consistent with the main object: (a) allow ecologically sustainable use of the Great Barrier Reef Region for purposes including the following: (i) public enjoyment and appreciation; (ii) public education about and understanding of the Region; (iii) recreational, economic and cultural activities; (iv) research in relation to the natural, social, economic and cultural systems and value of the Great Barrier Reef Region; (b) encourage engagement in the protection and management of the Great Barrier Reef Region by interested persons and groups, including Queensland and local governments, communities, Indigenous persons, business and industry; (c) assist in meeting Australia’s international responsibilities in relation to the environment and protection of world heritage (especially Australia’s responsibilities under the World Heritage Convention). (3) In order to achieve its objects, this Act: (a) provides for the establishment, control, care and development of the Great Barrier Reef Marine Park; and (b) establishes the Great Barrier Reef Marine Park Authority; and (c) provides for zoning plans and plans of management; and (d) regulates, including by a system of permissions, use of the Great Barrier Reef Marine Park in ways consistent with ecosystem‑based management and the principles of ecologically sustainable use; and (e) facilitates partnership with traditional owners in management of marine resources; and (f) facilitates a collaborative approach to management of the Great Barrier Reef World Heritage area with the Queensland government.
(1) In this Act, unless the contrary intention appears:
aggravated contravention has the meaning given by section 38GB.
aggravated offence has the meaning given by section 38GA.
agreement includes a treaty or convention.
aircraft means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, but does not include a hovercraft.
amendment, in relation to a plan of management, means an amendment of such a plan that is prepared under section 39ZG.
animal means any member, alive or dead, of the animal kingdom (other than man), and includes:
(a) eggs or parts of eggs; and
(b) the skin, feathers, shell or any other part of an animal.
ART means the Administrative Review Tribunal.
Australian jurisdiction has the meaning given by subsection 5(4).
Australian resident means:
(a) a person who holds a permanent visa (as defined in the Migration Act 1958) that is in effect; or
(b) a New Zealand citizen who is usually resident in Australia or a Territory and who holds a special category visa (as defined in the Migration Act 1958) that is in effect; or
(c) any other person who is usually resident in Australia or a Territory and whose continued presence in Australia or a Territory is not subject to a limitation as to time imposed by law.
Authority means the Great Barrier Reef Marine Park Authority established by this Act.
CEO means the Chief Executive Officer of the Authority.
Chairperson means the Chairperson of the Authority.
charge means charge imposed by:
(a) the Great Barrier Reef Marine Park (Environmental Management Charge—General) Act 1993; or
(b) the Great Barrier Reef Marine Park (Environmental Management Charge—Excise) Act 1993.
chargeable permission means a permission granted under the regulations, where the permission is of a kind declared by the regulations to be a chargeable permission for the purposes of this Act.
civil penalty provision has the meaning given by section 61AID.
class vessel monitoring direction has the meaning given by subsection 61AAA(7).
community group having a special interest has a meaning affected by section 39V.
compulsory pilotage area means any part of the Great Barrier Reef Region that is prescribed by the regulations.
conduct has the same meaning as in the Criminal Code.
corporate Commonwealth entity has the meaning given by the Public Governance, Performance and Accountability Act 2013.
declaration of contravention means a declaration made under section 61AIA.
discharge, in relation to waste, means release the waste, however the release is caused, and includes any escape, disposal, depositing, spilling, leaking, pumping, emitting or emptying of the waste.
dory means:
(a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory authorising the vessel to be used in association with a primary commercial fishing vessel; or
(b) a vessel that is used in association with a primary commercial fishing vessel.
Note: A dory might also be known as a tender commercial fishing vessel.
ecologically sustainable use has the meaning given by section 3AA.
ecosystem‑based management means an integrated approach to managing an ecosystem and matters affecting that ecosystem, with the main object being to maintain ecological processes, biodiversity and functioning biological communities.
emergency direction has the meaning given by subsection 61ACA(2).
enforceable direction has the meaning given by subsection 61ADA(2).
enforcement provision, in relation to a plan of management or an amendment of a plan of management, has the meaning given by subsection 39ZD(5) or by that subsection as it has effect because of subsection 39ZG(2), as the case may be.
engage in conduct has the same meaning as in the Criminal Code.
environmental management means:
(a) environmental management;
(b) natural resource management;
(c) park management (including aquarium management and zoo management); or
(d) any similar matter.
executive officer, of a body corporate, means a person, by whatever name called and whether or not a director of the body, who is concerned in, or takes part in, the management of the body.
farming facility means a facility for the farming of marine resources.
Federal Court means the Federal Court of Australia.
fish includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms, but does not include marine mammals or marine reptiles.
fishing means any of the following:
(a) taking fish;
(b) attempting to take fish;
(c) engaging in any activity (including searching for fish, using fishing apparatus and using fish aggregating devices) in connection with taking, or attempting to take, fish.
geological storage operations means:
(a) operations to inject and store a gas substance in part of a geological formation; or
(b) operations preparing for or incidental to operations mentioned in paragraph (a).
Great Barrier Reef Region means:
(a) the area described in Schedule 1; and
(b) such area (if any) contiguous with the northern boundary of that area as is prescribed;
other than any part of such an area that is referred to in section 14 of the Seas and Submerged Lands Act 1973 or is an island, or a part of an island, that forms part of Queensland and is not owned by the Commonwealth.
Great Barrier Reef World Heritage Area means the area described in Schedule 1.
hovercraft means a vehicle designed to be supported on a cushion of air.
Indigenous person means a person who is:
(a) a member of the Aboriginal race of Australia; or
(b) a descendant of an Indigenous inhabitant of the Torres Strait Islands.
individual vessel monitoring direction has the meaning given by subsection 61AAA(2).
inspector means:
(a) a person appointed as an inspector under subsection 43(1); or
(b) a person referred to in section 44.
landing area means an area for the landing of aircraft.
late payment penalty means an amount payable under subsection 39G(1), (1A) or (1B).
Marine Park means the Great Barrier Reef Marine Park established by this Act.
master means a person having command or charge of a vessel.
member means a member of the Authority.
member of the governing body of a relevant interest group has the meaning given by subsection 10(10).
minerals means minerals in any form, whether solid, liquid or gaseous and whether organic or inorganic.
mining operations:
(a) means operations or activities connected with, or incidental to, the mining or recovery of minerals; and
(b) includes prospecting for or exploring for minerals.
mitigate, in relation to damage, includes prevent further damage.
navigate without a pilot has the meaning given by subsections (5) and (6).
offence against this Act includes an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act.
official has the meaning given by the Public Governance, Performance and Accountability Act 2013.
oil has the same meaning as in Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.
oil tanker means a vessel fitted with cargo spaces that are constructed and used to carry oil in bulk of a total capacity of at least 200 cubic metres.
overall length has the meaning given by subsection (7) or (8).
owner, in relation to a vessel, has the meaning given by subsection (9) or (10).
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
part‑time member means a member appointed under subsections 10(2) and (2A).
pecuniary penalty order means an order referred to in subsection 61AIC(2).
pilot means a person:
(a) who does not belong to, but has the conduct of, a vessel; and
(b) who is licensed or registered under a prescribed law of the Commonwealth, a State or a Territory.
pilot’s certificate means a certificate issued by a pilot under section 59E.
plan of management means a plan of management for the Marine Park that is prepared in accordance with Part VB.
plant means any member, alive or dead, of the plant kingdom or of the fungus kingdom, and includes seeds and parts of plants.
port has the same meaning as in the Navigation Act 2012.
precautionary principle means the principle that lack of full scientific certainty should not be used as a reason for postponing a measure to prevent degradation of the environment where there are threats of serious or irreversible environmental damage.
primary commercial fishing vessel means:
(a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory authorising the vessel to be used to take fish for commercial purposes; or
(b) a vessel that is used to take fish for commercial purposes.
principles of ecologically sustainable use has the meaning given by section 3AB.
prohibited: conduct in a zone is prohibited if the conduct is neither:
(a) for a purpose for which, under the zoning plan for the zone, the zone may be used or entered without permission; nor
(b) for a purpose that, under the zoning plan for the zone, requires permission.
protected species means any of the following:
(a) a cetacean;
(b) a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species;
(c) a species of marine mammal, bird or reptile that is prescribed as endangered wildlife, vulnerable wildlife or rare wildlife under the Nature Conservation Act 1992 of Queensland;
(d) a species declared by the regulations to be a protected species for the purposes of this definition;
(e) a species declared by the regulations to be a strictly protected species for the purposes of this definition.
public notice means a notice published:
(a) in the Gazette; and
(b) in a newspaper circulating generally in Queensland; and
(c) on the website of the Authority; and
(d) in such other manner (if any) as the Authority considers appropriate.
reef includes bommie fields, reef slopes, moats and ramparts.
regulated ship means any kind of vessel:
(a) that is 70 metres or longer in overall length; or
(b) that is a loaded:
(i) oil tanker; or
(ii) chemical carrier; or
(iii) liquefied gas carrier;
other than: (c) a vessel belonging to an arm of the Defence Force of Australia or to the naval, military or air forces of a country other than Australia; or (d) a vessel in respect of which an exemption under section 59F is in force.
remediation order has the meaning given by subsection 61AHA(1).
reviewable decision has the meaning given by subsection 64(3).
take, in relation to an animal or plant, includes remove, gather, catch, capture, kill, destroy, dredge for, raise, carry away, bring ashore, interfere with and obtain.
this Act includes the regulations.
traditional owner means an Indigenous person:
(a) who is recognised in the Indigenous community or by a relevant representative Aboriginal or Torres Strait Islander body:
(i) as having spiritual or cultural affiliations with a site or area in the Marine Park; or
(ii) as holding native title in relation to that site or area; and
(b) who is entitled to undertake activities under Aboriginal or Torres Strait Islander custom or tradition in that site or area.
unzoned area means that part (if any) of the Marine Park in respect of which no zoning plan is in force.
vessel means a ship, boat, raft or pontoon or any other thing capable of carrying persons or goods through or on water, and includes a hovercraft.
vessel monitoring direction means an individual vessel monitoring direction or a class vessel monitoring direction.
vessel monitoring system means a system in which vessels are fitted with an electronic device that can provide information about the vessels’ course or position, or other such information.
waste means any of the following:
(a) oil within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983;
(b) noxious liquid substances within the meaning of Part III of that Act;
(c) packaged harmful substances within the meaning of Part IIIA of that Act;
(d) sewage within the meaning of Part IIIB of that Act;
(e) garbage within the meaning of Part IIIC of that Act;
(f) mixtures where the oil content is greater than 15 parts in 1,000,000 parts;
(g) any other matter that is declared by the regulations to be waste for the purposes of this definition.
zone means a zone created by a zoning plan (whether designated in the plan as a zone, area or some other designation).
zoning plan means a zoning plan prepared in accordance with Division 2 of Part V.
(1A) In this Act, the following terms have the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999:
approved conservation advice
Australian aircraft
Australian IUCN reserve management principles
Australian vessel
biodiversity
bioregional plan
cetacean
critical habitat
ecological community
ecosystem
environment
heritage value
IUCN category
key threatening process
listed marine species
listed migratory species
listed threatened ecological community
listed threatened speci
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