The Regulations are the operational rulebook for managing the Great Barrier Reef Marine Park: they define and zone permitted activities (from fishing and tourism to research and vessel movements), set a permission and fee system for commercial use, protect listed species, regulate fishing gear and pilotage, and enable Traditional Owner arrangements. They apply to tourists, operators, fishers, researchers, vessel crews and Indigenous communities. By making conservation rules legally enforceable, they balance sustainable use with protection of a globally significant, threatened ecosystem.
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Current sections
Direct links to the current provisions in Great Barrier Reef Marine Park Regulations 2019.
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Div 4
designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.
Division 4 designates Special Management Areas and special management provisions for the purposes of the Zoning Plan. A person who contravenes a special management provision may commit an offence or be liable for a civil penalty under section 38BA or 38BB of the Act.
More sections below
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1—Preliminary
Division 1—Preliminary
1 Name
This instrument is the Great Barrier Reef Marine Park Regulations 2019.
3 Authority
This instrument is made under the Great Barrier Reef Marine Park Act 1975.
Division 2—Interpretation of this instrument
5 Definitions
Note: A number of expressions used in this instrument are defined in the Act, or in the Zoning Plan, including:
1 kilometre line has the same meaning as in the Zoning Plan.
1 nautical mile line means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.
100 metre line has the same meaning as in the Zoning Plan.
500 metre line has the same meaning as in the Zoning Plan.
A1 licence has the same meaning as it has in the Fisheries Declaration.
A2 licence has the same meaning as it has in the Fisheries Declaration.
accredited TUMRA means a TUMRA that is accredited under Part 4.
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 or lapsed.
authority:
(a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or
(b) in section 44—has the meaning given by the Queensland fisheries legislation.
bait netting has the meaning given by the Zoning Plan.
Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.
bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.
bareboat means a vessel that:
(a) is a hire and drive vessel within the meaning of the Marine Safety (Domestic Commercial Vessel) National Law; and
(b) has an overall length of at least 6 metres; and
(c) is made available for use without master or crew.
Note: Examples of bareboats are cruisers, houseboats and yachts.
bareboat operation means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.
beach equipment includes:
(a) sailing boats (except boats that have an overall length of at least 6 metres); and
(b) windsurfing craft; and
(c) canoes and kayaks; and
(d) pedal craft.
Buffer Zone means the zone described in the Zoning Plan as the Buffer Zone.
business day has the meaning given by section 2B of the Acts Interpretation Act 1901.
Cairns Planning Area has the meaning given by the Cairns Area Plan of Management 1998.
calf of a cetacean of a particular species means an animal not more than half the length of an adult of the species.
capital dredge spoil material:
(a) means material excavated as a result of dredging:
(i) to create new channels, basins, ports, berths or other areas; or
(ii) to enlarge or deepen existing channels, basins, ports, berths or other areas; or
(iii) to remove material unsuitable for foundations; or
(iv) to create trenches for pipes, cables or tubes; or
(v) for any other purpose incidental to creating a void; and
(b) does not include material excavated as a result of dredging carried out for the sole purpose of:
(i) maintaining an existing channel, basin, port, berth or other area for its intended use; or
(ii) protecting human life or property.
cast net means a circular net that:
(a) is weighted around its outside; and
(b) has a rope attached to its centre to allow the net to be cast and retrieved.
caution zone for a cetacean means an area around the cetacean with a radius of:
(a) for a dolphin—150 metres; and
(b) for a whale—300 metres.
cetacean means an animal of the Suborder Mysticeti or Odontoceti of the Order Cetacea.
changed company has the meaning given by subsection 125(1).
charge year means a period of 12 months beginning on 1 April.
coastal 1 kilometre line has the same meaning as in the Zoning Plan.
coastal 100 metre line has the same meaning as in the Zoning Plan.
coastal 500 metre line has the same meaning as in the Zoning Plan.
collapsible trap has the meaning given by the General Fisheries Regulation.
collected amount has same meaning as in Part VA of the Act.
commercial fisher has the same meaning as in the General Fisheries Regulation.
Commercial Fisheries Regulation means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.
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.
Conservation Park Zone means the zone described in the Zoning Plan as the Conservation Park Zone.
continuation application means an application for a permission for which the following conditions are met:
(a) the permission is of the same kind and relates to the same conduct as a permission (the original permission) the applicant holds or held;
(b) either:
(i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or
(ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.
Note: Subsection 83(4) relates to applications for special permissions.
CPI means the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician.
crab pot has the meaning given by the General Fisheries Regulation.
cruise ship anchorage has the same meaning as designated anchorage.
Defence Force means the Australian Defence Force.
designated anchorage means an area described in:
(a) Schedule 1; or
(b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section—the declaration, as in force from time to time.
Note: A declaration under paragraph (2)(a) may add additional areas to the areas described in Schedule 1.
dilly has the meaning given by the General Fisheries Regulation.
dinghy:
(a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and
(b) does not include a boat of the kind commonly known as a half‑cabin boat.
dolphin means a member of the family Delphinidae or the family Phocoenidae.
drying reef means an area of reef exposed at low tide.
engage in conduct, when used in relation to an offence, has the meaning given by the Criminal Code.
environmental impact statement (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.
EOI notice means a notice given under section 84.
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.
existing permission has the same meaning as in the Hinchinbrook Plan of Management 2004, as in force from time to time.
Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).
facility has the same meaning as it has in subsection 3A(9) of the Act.
Note: A facility includes a building, a structure, a vessel, goods, equipment or services.
fee‑bearing application means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:
(a) the traditional use of marine resources;
(b) the taking, in accordance with a program approved by the Authority, of animals or plants that pose a threat to:
(i) human life or safety; or
(ii) marine or island ecosystems that are part of the Marine Park; or
(iii) the use and amenity of an area of the Marine Park or of adjacent areas.
Fisheries Declaration means the Fisheries Declaration 2019 (Qld), as in force from time to time.
fishing or collecting has the meaning given by the Zoning Plan.
Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.
Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).
fix, a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.
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.
full day amount has the meaning given by subsection 217(2).
General Fisheries Regulation means the Fisheries (General) Regulation 2019 (Qld), as in force from time to time.
General Use Zone means the zone described in the Zoning Plan as the General Use Zone.
grade A treated sewage means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).
Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.
Note 2: The samples of grade A treated sewage taken during the test period must not contain more than the following:
(a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;
(b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;
(c) 50 mg/L of 5 day biochemical oxygen demand.
grade B treated sewage means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).
Note: The samples of grade B treated sewage taken during the test period must not contain more than the following:
(a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;
(b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.
grade C treated sewage means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).
Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.
Habitat Protection Zone means the zone described in the Zoning Plan as the Habitat Protection Zone.
haul, a net, means gather or retrieve the net or a part of the net for taking fish.
hazardous goods:
(a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and
(b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.
Note: The Convention is in Australian Treaty Series 1983 No. 22 ([1983] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
heli‑pontoon means a non‑motorised, permanently moored facility that is used solely as a landing area for helicopters.
high‑speed vessel means a personal watercraft, hovercraft or wing‑in‑ground‑effect craft, or any other vessel if operated faster than 35 knots.
Hinchinbrook authorisation means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.
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.
hook means any of the following:
(a) hook within the ordinary meaning of the expression;
(b) a single‑shanked double or treble hook;
(c) a lure (that is, an artificial bait with no more than 3 hooks attached to it);
(d) an artificial fly;
(e) a jig for taking squid;
(f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;
(g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).
Indigenous heritage value has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999.
INF Code means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High‑Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.
Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
infringement notice offence has the meaning given by subsections 243(1) and (2).
infringement notice penalty has the meaning given by subsections 243(1) and (2).
inlet means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia’s website.
Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia’s website (www.ga.gov.au).
lead core rope means rope which, during manufacture, incorporates lead along the full length of the rope.
limited research sampling has the meaning given by subsection 20(2).
Marine National Park Zone means the zone described in the Zoning Plan as the Marine National Park Zone.
mesh net means a net suspended vertically through a water column, but does not include a trawl net.
Note 1: Examples of a net that is a mesh net include the following:
(a) a net commonly known as a bottom set net, which is a mesh net set along the seabed;
(b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;
(c) a net referred to as a general purpose mesh net in the Commercial Fisheries Regulation;
(d) a net that is neither fixed nor hauled;
(e) a seine net;
(f) a set mesh net.
Note 2: Examples of a net that is not a mesh
This is an opening excerpt, not the complete document.