3Definitions

#### 3 Definitions (1) In these Regulations: > Act means the Great Barrier Reef Marine Park Act 1975. > Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004. > application, for a permission, means an application that has not been withdrawn. > authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under regulation 83. > authority: (a) for regulation 47—has the meaning given by the Queensland fisheries legislation; and (b) elsewhere in these regulations—means an authority given under regulation 88ZF. > bareboat means a vessel that is: (a) registered as a commercial ship under the Transport Operations (Marine Safety) Regulation 2004 of Queensland; and (b) more than 6 metres in length; and (c) made available for use without master or crew. > Note: Examples: > Note: Cruiser, houseboat, yacht. > bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use. > business day means a day that is not a Saturday, Sunday or public holiday in Queensland. > Cairns Planning Area has the meaning given by the Cairns Area Plan of Management 1998. > Commonwealth Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999. > Commonwealth island means an island that is: (a) owned by the Commonwealth; and (b) within the Marine Park. > continuation application has the meaning given by subregulation 88AA(5). > cruise ship anchorage has the same meaning as designated anchorage. > Defence Force has the meaning given by section 30 of the Defence Act 1903. > designated anchorage means a point or an area described in Schedule 1. > 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 Commonwealth, State or Territory law, permitting 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. > drying reef means an area of reef exposed at low tide. > EIS advertisement has the meaning given by subparagraph 88PM(1)(c)(ii). > EIS terms has the meaning given by subregulation 88PM(1). > EPBC referral deemed application means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975, is taken to be an application for a permission. > high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect, or a vessel of any kind if operated faster than 35 knots. > Hinchinbrook Planning Area has the meaning given by the Hinchinbrook Plan of Management 2004. > holding company has the same meaning as in the Corporations Act 2001. > indigenous heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999. > modify, in relation to a condition, includes vary, add, omit and substitute. > motorised water sport means any of the following activities: (a) irregular driving of a motorised vessel—that is, driving the vessel otherwise than in a straight line (except for necessary turns or diversions), including: (i) driving in a circle or other pattern; or (ii) weaving or diverting; or (iii) surfing down, or jumping over or across, any wave, swell or wash; (b) an activity in which a high‑speed vessel or motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing); (c) an activity in which a personal watercraft is used, except: (i) for transport by taking the most direct reasonable route and driving in a regular manner between 2 places; or (ii) if the personal watercraft can only be operated when fully submerged under the water and for the primary purpose of viewing coral. > National Heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999. > no‑anchoring area means an area described in Schedule 1B. > PER advertisement has the meaning given by subparagraph 88PI(1)(c)(ii). > permission means a permission to which Part 2A applies. > permitted mooring means a mooring, other than a public mooring, for which the Authority has granted a permission. > personal watercraft has the same meaning as in the Transport Operations (Marine Safety) Act 1994 (Qld) as in force on the commencement of the Great Barrier Reef Marine Park Amendment (Whitsundays Plan of Management) Regulations 2017. > PER terms has the meaning given by subregulation 88PI(1). > PIP terms has the meaning given by subregulation 88PE(1). > 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 Commonwealth, State or Territory law, permitting the vessel to be used to take fish for commercial purposes; or (b) a vessel that is used to take fish for commercial purposes. > private mooring means a mooring other than a public mooring. > proposed conduct, in relation to an application for a permission, means the conduct proposed to be permitted by the permission. > public infrastructure: (a) means infrastructure that: (i) is installed in the Marine Park by or for the Authority, or by or for the agency in which the Marine Parks Act 2004 (Qld) is administered; and (ii) relates to the use of the Marine Park by the public; and (b) includes the following: (i) a reef protection marker; (ii) a buoy not attached to a public mooring; (iii) a sign; (iv) a boundary marking rope. > public mooring: (a) means a mooring that is: (i) installed in the Marine Park by or for the Authority, or by or for the agency in which the Marine Parks Act 2004 (Qld) is administered; and (ii) labelled as a public mooring or otherwise intended for public use; and (b) includes the following: (i) a floating buoy, tag and tackle; (ii) a structure fixing the mooring to the seabed. > Queensland fisheries legislation has the meaning given by regulation 30. > Queensland planning legislation means: (a) the Planning Act 2016 (Qld); or (b) the Planning Regulation 2017 (Qld); or (c) the State Planning Policy as defined in Schedule 24 to the Planning Regulation 2017 (Qld). > relevant impacts of proposed conduct or permitted conduct means: (a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or (b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any). > research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes. > SMA is an acronym of Special Management Area. > special permission has the meaning given in subregulation 88G(1). > special tourism permission means a permission to conduct a tourist program, or to conduct an activity under a tourist program, where: (a) the Regulations or a plan of management has imposed a limit on the number of such permissions that may be granted; or (b) a plan of management declares such permissions to be special tourism permissions for the purposes of the Regulations. > subsidiary has the same meaning as in the Corporations Act 2001. > superyacht means a high‑value, luxury sailing or motor vessel in use for sport or pleasure. > Note: It does not matter whether the use of the vessel for sport or pleasure is private or commercial. > superyacht anchorage means an area described in Schedule 1A. > swimming‑with‑whales activity has the same meaning as in Part 4A. > tender commercial fishing vessel has the same meaning as dory. > transiting: a vessel or aircraft is transiting an area (however described), or from a place (the origin) to another place (the destination), if the vessel or aircraft is travelling: (a) through the area, or from the origin to the destination, by the most direct and reasonable route; and (b) in the case of a vessel—in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift. For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area. > TUMRA is an acronym for traditional use of marine resources agreement. > Uniform Shipping Laws Code has the meaning given by section 427 of the Navigation Act 1912. > whale watching activity has the same meaning as in Part 4A. > Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998. > Zoning Plan means the Great Barrier Reef Marine Park Zoning Plan 2003. (2) For the purposes of subsection 39ZC(1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 88(1)(b) or (c).