Schedule Sch 10 - Hinchinbrook Plan of Management 2004 - Definitions

Schedule 10 Definitions

(subclause 1.6 (1))

| 500 metre line | in relation to a reef, means the notional line of which every point is 500 metres seaward from the nearest point of the reef edge. | | 1 kilometre line | in relation to a reef, means the notional line of which every point is 1 kilometre seaward from the nearest point of the reef edge. | | 5 kilometre line | means the notional line of which every point is 5 kilometres seaward from the nearest point of the mainland at low water. | | Act | means the Great Barrier Reef Marine Park Act 1975. | | aircraft | has the same meaning as in subsection 3 (1) of the Act. | | aircraft operation | means an operation of that name: (a) mentioned in Table 2; and (b) comprising activities: (i) permitted under a relevant permission; and (ii) all carried out using the same aircraft. | | anchor | includes an anchor chain and attached tackle. | | ancillary vessel | means a tender that is used for motorised water sports | | authorisation | has the same meaning as in subregulation 4 (1) of the Regulations. | | Authority | has the same meaning as in the Act. Note Authority means the Great Barrier Reef Marine Park Authority established by the Act: see subsection 3 (1) of the Act. | | bareboat | means a vessel that is: (a) a commercial ship registered under the Transport Operations (Marine Safety) Regulation 1995 of Queensland, as in force from time to time, as a class 1F ship; and (b) over 6 metres in length; and (c) when hired or otherwise made available under a commercial arrangement, made available: (i) for a person’s recreational use; and (ii) without a master or crew. Examples of a bareboat A cruiser, houseboat or yacht. | | bareboat operation | means an operation of that name: (a) mentioned in Table 2; and (b) comprising activities: (i) permitted under a relevant permission; and (ii) all carried out using the same bareboat. | | Bedarra Island Location 1 | means the area described in item 4 of Schedule 2. | | Bedarra Island Location 2 | means the area described in item 5 of Schedule 2. | | Bedarra Island Location 3 | means the area described in item 6 of Schedule 2. | | Bowden (Budg-Joo) Island Location | means the area described in item 7 of the Table in item 20 of Schedule 2. | | Brook Islands Location | means the area described in item 7 of Schedule 2. | | Cape Richards Location | means the area described in item 12 of Schedule 2. | | Central Section | has the same meaning as in subregulation 4 (1) of the Regulations. | | coastal 200 metre line | in relation to an island or the mainland, means the line every point of which is 200 metres seaward from: (a) the nearest point of the coastline, at low water, of the island or mainland; or (b) if there is a fringing reef wholly or partly around the island, or wholly or partly along the mainland — the nearest point of the reef edge of the fringing reef. | | coastal 500 metre line | in relation to an island or the mainland, means the line every point of which is 500 metres seaward from: (a) the nearest point of the coastline, at low water, of the island or mainland; or (b) if there is a fringing reef wholly or partly around the island, or wholly or partly along the mainland — the nearest point of the reef edge of the fringing reef. | | coastal 1 kilometre line | in relation to an island or the mainland, means the line every point of which is 1 kilometre seaward from: (a) the nearest point of the coastline, at low water, of the island or mainland; or (b) if there is a fringing reef wholly or partly around the island, or wholly or partly along the mainland — the nearest point of the reef edge of the fringing reef. | | collecting | has the same meaning as in the Zoning Plan. | | commencing day | means the day on which this Plan is gazetted. | | Coombe Island Location | means the area described in item 5 of the Table in item 20 in Schedule 2. | | craftless operation | means an operation of that name: (a) mentioned in Table 2; and (b) comprising activities: (i) permitted under a relevant permission; and (ii) in which neither an aircraft nor a vessel is used. | | crewed large vessel operation | means an operation of that name: (a) mentioned in Table 2; and (b) comprising activities: (i) permitted under a relevant permission; and (ii) all carried out using the same vessel. Note Table 2 summarises some of the conditions attaching to a permission for this activity. | | crewed vessel operation | means an operation of that name: (a) mentioned in Table 2; and (b) comprising activities: (i) permitted under a relevant permission; and (ii) all carried out using the same vessel. Note Table 2 summarises some of the conditions attaching to permission for this activity. | | cruise ship anchorage | means an area referred to in Schedule 7. | | cruise ship operation | means an operation of that name: (a) mentioned in Table 2; and (b) comprising activities: (i) permitted under a relevant permission; and (ii) all carried out using the same ship. | | day | means a period of 24 hours commencing at midnight. | | dugong | includes a part of, or a product derived from, a dugong. | | Dunk (Coonanglebah) Island Location | means the area described in item 2 of Schedule 2. | | Dunk (Coonanglebah) Island Spit Location | means the area described in item 1 of Schedule 2. | | East Coast Hinchinbrook Island Location | means the area described in item 15 of Schedule 2. | | eligibility process commencement day | means the day specified by the Authority in a notice published in the Gazette as the day on which the eligibility process commences. | | Eva Island Location | means the area described in item 11 of the Table in item 20 of Schedule 2. | | existing permission | means a relevant permission in force immediately before the commencing day. | | facility | has the same meaning as in subsection 3A (9) of the Act. | | fishing | has the same meaning as in the Zoning Plan. | | Garden (Tindappah) Island Location | means the area described in item 10 of the Table in item 20 of Schedule 2. | | Goold Island Location | means the area described in item 9 of the Table in item 20 of Schedule 2. | | guided interpretive tour (including fishing) operation | means an operation of that name: (a) mentioned in Table 2; and (b) comprising activities: (i) permitted under a relevant permission; and (ii) all carried out using the same vessel. | | 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. | | hire craft | means a motorised vessel, less than 6 metres in overall length, that is available for timeshare, hire or charter without a master or crew (eg dinghy, half cabin, personal watercraft). | | hire equipment | means non-motorised craft (eg kayak, paddleboard, windsurfer) that are available for timeshare, hire or charter without a master or crew. | | hire operation | means an operation of that name: (a) mentioned in Table 2; and (b) comprising activities: (i) permitted under a relevant permission; and (ii) all carried out using a hire craft or hire equipment. | | holder, of a relevant permission | means the person to whom a relevant permission that is in force was granted, or transferred, as the case may be. | | hovercraft | has the same meaning as in subsection 3 (1) of the Act. | | Hudson (Coolah) Island Location | means the area described in item 6 of the Table in item 20 of Schedule 2. | | intensive use setting Location | means a Location identified in item 1 of Schedule 3. | | interfere with | includes harass, chase, herd, tag, mark and brand. | | Kumboola Island Location | means the area described in item 3 of Schedule 2. | | large vessel | means any vessel with an overall length of 35 metres or more. | | limited tour operation | means an operation that: (a) is mentioned in Table 2; and (b) does not meet the eligibility criteria mentioned in subclause 1.34 (6); and (c) comprises activities: (i) permitted under a relevant permission; and (ii) all carried out using the same vessel or aircraft. | | Location | means a location within the meaning of subclause 1.27 (3) and described in an item in Schedule 2. | | long range roving operation | means an operation of that name: (a) mentioned in Table 2; and (b) comprising activities: (i) permitted under a relevant permission; and (ii) all carried out using the same vessel. | | low use setting Location | means a Location identified in item 3 of Schedule 3. | | Macushla Location | means the area described in item 13 of Schedule 2. | | Management Agencies | means the Great Barrier Reef Marine Park Authority and the Queensland Parks and Wildlife Service. | | management setting | means a setting described in Table 1. | | Marine Park | has the same meaning as in subsection 3 (1) of the Act. | | marine turtle | means a member of the family Cheloniidae or Dermochelyidae and includes a part of such a member and any product derived from such a member. | | median line | between a coastline or reef edge and another coastline or reef edge, means the line every point of which is equidistant from the nearest points of the reef edge or coastline at low water. | | Meunga Creek Location | means the area described in item 8 of Schedule 2. | | Missionary Bay Location | means the area described in item 9 of Schedule 2. | | Missionary Bay Transit Lanes | means the areas described in item 10 of Schedule 2. | | moderate use setting Location | means a Location identified in item 2 of Schedule 3. | | mooring | means a permanently located facility that is designed solely for mooring a vessel or aircraft, and includes the mooring buoy, tackle and the point of attachment to the seabed. | | motorised water sport | means any of the following: (a) irregular driving on a motorised vessel — that is, driving a motorised vessel other than in a straight line — and includes: (i) driving in a circle or other pattern; and (ii) weaving or diverting; and (iii) surfing down, or jumping over or across, any swell, wave or wash; but does not include making any necessary turn or diversion; | | | (b) any activity in which a high speed vessel or motorised vessel tows a person on top of the water or in the air, for example, water skiing or para-sailing; (c) any activity in which a personal watercraft is used, other than for transport by the most direct reasonable route (not including irregular driving) between 2 places in the Planning Area. | | motorised water sports operation | means an operation of that name: (a) mentioned in Table 2; and (b) consisting of a motorised water sport, or a similar operation comprising activities permitted under a relevant permission. Note Motorised water sport conducted using an ancillary vessel is not a motorised water sport operation: see clause 2.17. | | Mound (Purtaboi) Island Location | means the area described in item 1 of the Table in item 20 of Schedule 2. | | Mulligan Bay Location | means the area described in item 17 of Schedule 2. | | new permission | means a relevant permission granted on or after the commencing day. | | no-anchoring area | means the part of the Planning Area within an area referred to in Schedule 6 and shown on Map 3 in Schedule 8. | | non-motorised craft | means craft moved only by human or wind power (for example, sea kayaks, sailboards and other small sail craft or paddle boards). | | non-motorised craft operation | means an operation of that name: (a) mentioned in Table 2; and (b) comprising activities using a non-motorised craft permitted under a relevant permission. | | open tour operation | means an operation of that name that: (a) is mentioned in Table 2; and (b) either: (i) meets the eligibility criteria mentioned in subclause 1.34 (6); or (ii) is a new open tour permission of a kind mentioned in subclause 1.28 (9); and (c) comprises activities that are: (i) permitted under a relevant permission; and (ii) all carried out using the same vessel or aircraft. | | overall length | has the same meaning as in subsection 3 (1) of the Act. | | Pandora Reef Location | means the area described in item 19 of Schedule 2. | | passenger transport operation | means an operation of that name: (a) mentioned in Table 2; and (b) comprising activities: (i) in which passengers are transported between Locations or between a Location and a place outside the Planning Area; and (ii) permitted under a relevant permission; and (iii) all carried out using 1 particular vessel. | | permanently moored facility | means: (a) a facility that is moored in the one place for more than: (i) 14 consecutive days; or (ii) 30 days in any period of 60 days; or (b) if the Regulations provide otherwise, a facility within the meaning given in the Regulations. | | permitted mooring | means a mooring permitted by the Management Agencies. | | personal watercraft | has the same meaning as in the Transport Operations (Marine Safety) Regulation 1995 of Queensland, as in force from time to time. Note 1 At the commencement of this Plan, Schedule 11 of the Transport Operations (Marine Safety) Regulation 1995 of Queensland defined personal watercraft as a power driven ship that: (a) has a fully enclosed hull that does not take on water if capsized; and (b) is designed to be operated by a person standing, crouching, or kneeling on it or sitting astride it. Note 2 Ship includes any kind of boat or other vessel: see section 10 of the Transport Operations (Marine Safety) Act 1994 of Queensland. | | Picnic Beach Location | means the area described in item 18 of Schedule 2. | | Planning Area | means the Hinchinbrook Planning Area described in Schedule 1. | | pontoon | means a permanently moored facility that is used primarily for tourism activities (except solely as a landing area for aircraft). | | public mooring | means a mooring that is installed by, or on behalf of, the Authority or the State of Queensland for use by the public. | | Ramsay Bay Location | means the area described in item 14 of Schedule 2. | | reef | has the same meaning as in the Zoning Plan. | | reef edge | has the same meaning as in the Zoning Plan. | | reef protection marker | means a marker that: (a) is installed by or for the Authority or an authority of Queensland; and (b) marks the seaward boundary of an area where anchoring is not permitted. | | regular public transport operations | has the meaning given in the Civil Aviation Safety Regulations 1998. | | Regulations | means the Great Barrier Reef Marine Park Regulations 1983. | | relevant permission | has the same meaning as in subregulation 4 (1) of the Regulations. | | restriction period | means the period mentioned in Schedule 5 for a significant bird site. | | sea-bed | has the same meaning as in subsection 3 (2) of the Act. | | Sensitive Location | means a Location identified in Schedule 4. | | service mooring | means a mooring used by a resort for the purpose of servicing the resort. | | setting Locations | means the part of the Planning Area within a Location mentioned in Schedule 3. | | Shepherd Bay Location | means the area described in item 11 of Schedule 2. | | ship | means any vessel with an overall length of more than 70 metres. | | significant bird site | means an island, islet, rock, inlet or bay mentioned in Schedule 5 (from the coastline at high water extending to the coastal 200 metre line). | | Smith (Kurrumbah) Island Location | means the area described in item 8 in the Table in item 20 in Schedule 2. | | support service operation | means an operation of that name: (a) mentioned in Table 2; and (b) comprising activities: (i) permitted under a relevant permission; and (ii) all carried out using the same vessel. Examples A support service operation may offer such services as:  delivering spare parts or equipment  landing torn sails for repair  medivac support  assisting in pollution control. | | Table 1 | means the table following clause 1.27. | | Table 2 | means the table following clause 1.32. | | take | has the meaning given in the Zoning Plan. | | Thorpe (Timana) Island Location | means the area described in item 3 of the Table in item 20 of Schedule 2. | | tourism operation | means any of the following: (a) an aircraft operation; (b) a bareboat operation; (c) a craftless operation; (d) a crewed vessel operation; | | | (e) a cruise ship operation; (f) a guided interpretive tour (including fishing) operation; | | | (g) a hire operation; (h) a large crewed vessel operation; (i) a long range roving operation; (j) a motorised water sports operation; (k) a non-motorised craft operation; (l) a passenger transport operation; (m) a support service operation. | | tourist | has the same meaning as in subsection 3A (9) of the Act. | | tourist facility | has the same meaning as in subsection 3A (4) of the Act. | | traditional affiliation | means that the person concerned has a connection with the Planning Area based on spiritual and other associations with, rights in relation to, and responsibilities for, that area under Aboriginal tradition. | | traditional inhabitant | means a person of Aboriginal or Torres Strait Islander descent, who is recognised in the community as an Aboriginal or Torres Strait Islander, and who identifies himself or herself as an Aboriginal or Torres Strait Islander. | | transfer, of a relevant permission | means transfer under regulation 52 of the Regulations. | | transfer passenger | has the same meaning as in subregulation 74 (1) of the Regulations. Note Transfer passengers are not taken to be part of a tourism operation: see clause 2.1. | | transiting | means in transit, by the most direct reasonable route, to a place outside the Location or area concerned. | | transit lane | means an area within a prescribed distance on either side of a direct line between 2 points defined either by latitude and longitude, or marked with buoys, within the Planning Area. | | transport purposes | means use of a vessel or aircraft, primarily for transporting people to a specific destination, including transiting. | | vessel | has the same meaning as in subsection 3 (1) of the Act. | | week | means a period of 7 consecutive days. | | Wheeler (Toolgbar) Island Location | means the area described in item 4 of the Table in item 20 of Schedule 2. | | Woln-Garin Island Location | means the area described in item 2 of the Table in item 20 of Schedule 2. | | year | means a period of 365 consecutive days. | | Zoe Bay Location | means the area described in item 16 of Schedule 2. | | zone | means a zone mentioned in the Zoning Plan. | | Zoning Plan | means the Zoning Plan that applies to the Planning Area. |

Sch 10Definitions

Get a plain-English read of Sch 10