135Interpretation

#### 135 Interpretation (1) In this Part: > beach equipment includes: (a) sailing boats (except boats that have an overall length of 6 metres or more); and (b) windsurfing craft; and (c) canoes and kayaks; and (d) pedal craft. > facility has the same meaning as it has in subsection 3A(9) of the Act. > floating hotel means a vessel that: (a) has designed sleeping accommodation for persons who are not: (i) crew; or (ii) persons employed on the vessel for the purpose of the maintenance of the vessel or the provision of services; and (b) is supplied with visitors by other vessels or by aircraft. > operation of a tourist program: (a) has the same meaning as it has in subsection 3A(3) of the Act; and (b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program. > primary service means a service that: (a) forms part of a tourist program; and (b) is not a secondary service. > quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October. > secondary service means a service that: (a) forms part of a tourist program; and (b) the Authority has determined, under regulation 137, to be a secondary service. > secondary treatment, in relation to sewage, has the meaning given in subregulation (2). > Sole purpose of sight‑seeing, in relation to an aircraft excursion, means: (a) that the aircraft returns to, and disembarks passengers at, the place from which they embarked; and (b) that the aircraft is not landed at any other place. > tertiary treatment, in relation to sewage, has the meaning given in subregulation (3) or (4). > Tourist has the same meaning as it has in subsection 3A(9) of the Act. > transfer passenger means a person who: (a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and (b) is transported by the most direct reasonable route; and (c) does not: (i) during the course of travel in the Marine Park—engage in any tourist activity provided by the permission holder; and (ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission. > visitor means a person to whom a service is provided under a chargeable permission, but who is not: (a) a transfer passenger; or (b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service: (i) a child aged less than 4 years; (ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory; (iii) a member of a school supervised school group; (iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason; (v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park. (2) Sewage is taken to have received secondary treatment if the effluent discharge complies with the following standards: (a) 5 day biochemical oxygen demand does not exceed 20 milligrams per litre; (b) suspended solids do not exceed 30 milligrams per litre; (c) pH value is between 6.0 and 8.5; (d) dissolved oxygen is at least 2 milligrams per litre; (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour: (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and (ii) number, in 80% of the samples, less than 1000 colonies per 100 millilitres. (3) Sewage is taken to have received tertiary treatment if the effluent discharge complies with the following standards: (a) 5 day biochemical oxygen demand does not exceed 20 milligrams per litre; (b) suspended solids do not exceed 30 milligrams per litre; (c) pH value is between 6.0 and 8.5; (d) dissolved oxygen is at least 2 milligrams per litre; (e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour: (i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and (ii) number, in 80% of the samples, less than 1000 colonies per 100 millilitres; (f) total nitrogen content is less than 4 milligrams per litre; (g) total phosphorus content is less than 1 milligram per litre; (h) total oil and grease content is less than 10 mg/litre; (i) the effluent does not produce a slick or any other visible evidence of oil or grease; (j) if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park. (4) Sewage that fails to comply with subregulation (3) only in respect of paragraph (3)(f) or (g) is taken to have received tertiary treatment if not more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land‑based outfall.