Marine Parks Act 2004

The Act primarily affects users of Queensland's marine and coastal areas. Any person entering or using a marine park is bound (s.6(1)) and must comply with zoning plans (s.24), management plans (s.33), authorities (s.44), notices (s.45), temporary restricted area declarations (s.48), authority conditions (s.49), and directions (ss.71, 99). Prohibited purposes or taking of natural or cultural resources trigger the highest penalties (ss.43-44, 49). Commercial operators (e.g. tourism, fishing, aquaculture) require authorities and must adhere to conditions, with executive officers of corporate holders personally liable for corporate non-compliance unless reasonable diligence is shown (s.136). Holders of authorities bear responsibility for ensuring all persons acting under the authority comply (s.137), and responsible persons for vessels, vehicles, or aircraft used in offences are liable if they knew or ought to have known and failed to prevent use (s.138).

Public authorities, including State departments and local governments (s.144(6)), must notify the chief executive of incidents posing serious risk and seek advice (s.144(2)), unless a satisfactory contingency plan exists (s.144(4)). They may be directed to act in emergencies (s.99) and must consider chief executive advice (s.144(5)).

Aboriginal and Torres Strait Islander communities are expressly identified for cooperative involvement (s.5(2)(c)) and may hold special interests recognised in management plans (s.41) or cultural relationships in park declarations (s.8(2)(c)). Persons with native title or special identification with a park may enter cooperative arrangements for plan preparation (s.41).

Inspectors (appointed under s.52 from public servants, APS employees, local government staff, police, or qualified others) exercise broad powers and are protected by immunities (ss.147, 147A). The chief executive and Minister hold overarching decision-making, delegation (s.146), and enforcement roles, with the chief executive able to act without authority for administration (s.145A). Applicants for authorities face information and document accuracy obligations (ss.46-47) and may incur offset conditions (s.151A).

Landowners or occupiers of contiguous areas are indirectly affected through recognition of relationships (s.5(2)(f)) and potential reclamation impacts (ss.15-19). The general public benefits from appreciation opportunities (s.5(2)(g)) but faces access restrictions in zones or during moratoria (s.42). Commonwealth and other State governments are bound to the extent of power (s.6(1)), with consistency required where marine parks overlap (s.7(3)).

Persons responsible for abandoned, stranded, sunk, or wrecked property face removal obligations and costs (ss.99(4), 100-108). Offenders convicted under the Act may be ordered to remediate, pay costs, or compensate (s.139). QCAT applicants and court litigants engage review and enforcement mechanisms (ss.111-121).

The Act therefore casts a wide net: individual recreational users, commercial operators, Indigenous groups, public authorities, officials, and neighbouring landowners all interact with its regulatory, offence, and enforcement provisions.

Duties are layered and context-specific. The chief executive must publish revocation notices (s.10), prepare draft zoning and management plans with public notification and at least 28 or 20 business days for submissions (ss.22, 31), consider submissions and the Act's purposes (ss.23, 32), approve or amend plans only after statutory processes (ss.21, 25, 29, 34), review management plans decennially (s.39), keep plans publicly available (s.40), notify of threatening incidents (s.144), and issue identity cards (s.54). Inspectors must produce identity cards before exercising powers (s.55), warn before requiring information or names (ss.67-69), give removal notices before seizing non-urgent property (s.101), and avoid unnecessary damage (s.86). They must also issue receipts for seized things (s.79) and allow inspection of seized items (s.84).

Authority holders must comply with conditions (s.49), ensure others acting under the authority comply (s.137), and may be subject to offset conditions (s.151A). Applicants must provide accurate information and documents (ss.46-47) and, for reclamation permissions, prepare and fund EIS, public consultation, and additional information (ss.16-17). Persons in temporary restricted areas or subject to directions must comply (ss.48, 71, 99). Responsible persons for property must remove or secure it when directed (s.99(4)) and pay removal costs (s.108). Executive officers of corporations must ensure corporate compliance (s.136), with a due-diligence defence.

Public authorities must notify and seek advice on threatening incidents (s.144(2)) and consider that advice (s.144(5)). All persons must not wilfully enter for prohibited purposes, enter without authority, provide false information, obstruct inspectors, or cause serious environmental harm (ss.43-44, 46-47, 50, 91). Tampering with seized things is prohibited (s.78).

Rights include public consultation rights on draft zoning and management plans and amendments (ss.22, 26, 31, 36), access to plans and codes (ss.40, 143), and rights to apply for internal review or QCAT external review of compliance and removal notices (ss.117-121). Affected persons may seek enforcement orders in the Planning and Environment Court (s.111(2)), with extended judicial review standing for citizens or organisations engaged in environmental activities for two years (s.140). Persons may claim compensation for loss from power exercises (s.88) or damage notices (s.87). Owners of seized property may inspect and copy it (s.84), claim it by proving entitlement and paying costs (s.107), or receive sale proceeds after deductions (s.106). Authority holders may receive combined management plans (s.32A) and benefit from moratorium exceptions if applications were lodged before the notice (s.42(3)).

Indigenous communities have explicit cooperative involvement rights (s.5(2)(c)) and may enter agreements for plan preparation (s.41). Persons subject to directions or notices have rights to written statements of reasons (s.71(3)), review (ss.118-121), and reasonable time to comply (ss.15, 99, 101). The precautionary principle confers a right to cautious decision-making where threats of serious or irreversible damage exist (s.5(2)(h)).

These duties and rights are enforceable through offences, compliance notices (s.93), court orders (ss.111-115), and compensation (s.88), with immunities for prescribed persons acting honestly (s.147) and inspectors (s.147A).

Penalties are graduated. Resource-taking offences under ss.43, 44, or 49 attract 3,000 penalty units; other prohibited or unauthorised uses attract 295. Serious environmental harm (s.50) or temporary restricted area breaches (s.48) carry 3,000 penalty units or 2 years imprisonment. False information offences are 100 penalty units (ss.46-47). Obstruction or impersonation attract 100 or 50 penalty units (ss.91-92A). Non-compliance with compliance notices carries the underlying offence penalty or 5 units (s.93(8)). Tampering with seized things is 100 penalty units (s.78); failure to return identity cards is 50 (s.58). Summary offences have a 1-year limitation, extendable by Magistrates Court on just and equitable grounds considering evidence availability, defendant conduct, prejudice, and environmental impact (s.133).

Enforcement is multi-pronged. Inspectors appointed under s.52 (with qualifications under s.52(2)) exercise entry (s.59), search (s.66), seizure (ss.74-75), information (ss.67-69), stopping (s.70), and direction powers (ss.71, 99). Warrants are available on oath (ss.61-64), with electronic applications permitted (s.63). Seized things may be secured (s.77), forfeited if unclaimed (s.81), or disposed if natural resources taken unlawfully (s.80). Costs of removal or restoration are recoverable as debts (ss.108, 109(4)).

Compliance notices under s.93 require rectification of contraventions where rectifiable and appropriate, stating the relevant provision, how breached, time to remedy, and review rights. Failure to comply allows prosecution for the underlying offence (s.93(9)). Temporary restricted area declarations (s.95) and inspector directions (s.99) are enforceable by prosecution or, for urgent cases, direct action (s.109). Enforcement orders in the Planning and Environment Court may restrain, require remediation, or compensate (ss.111-115), with broad powers regardless of prior prosecution or intent (s.115).

Evidentiary aids simplify proof: certificates as to appointments, authorities, locations from monitoring equipment, and costs are prima facie evidence (ss.126-129). Corporate and authority-holder vicarious liability provisions reverse onus on due diligence (ss.136-137). Representative liability attributes conduct and knowledge (s.135). Court orders on conviction may require remediation, cost recovery, or compensation (s.139).

The chief executive may approve codes of practice with standard conditions (s.141), non-compliance with which may ground offences. Moratoria during plan preparation prevent new authorities (s.42). Immunities protect officials (ss.147, 147A), but do not extend to defective State fixtures or certain injuries (s.147(4)-(5)).

The Act is expressly integrated with a web of Commonwealth, State, and subordinate instruments. Section 5(2)(e) requires a "coordinated and integrated approach with other environment conservation legislation". Section 5(3) records the Commonwealth-State agreement to maintain Queensland legislation "in line with the Commonwealth Act" (the Great Barrier Reef Marine Park Act 1975 (Cth)). Where a marine park overlaps a Commonwealth park, the Act operates only consistently with the Commonwealth Act (s.7(3)).

Cross-references are legion. The Acts Interpretation Act 1954 defines "Queensland waters" (s.8(2)). The Nature Conservation Act 1992 interacts via higher-protection dedications allowing revocation without Assembly resolution (s.12) and combined management plans (s.32A). The Statutory Instruments Act 1992 governs tabling and disallowance of notices (s.14(5)), regulatory impact statements for revocation EIS (s.16(8)), and plan tabling (s.28). The Environmental Offsets Act 2014 supplies deemed conditions that prevail over inconsistent offset conditions imposed under this Act (s.151B), while s.49(1)(b) treats deemed offset conditions as attracting the 3,000-penalty-unit tier.

The repealed Marine Parks Act 1982 is continued for transitional purposes (ss.152-166), with validation of prior zoning plans and reclamation permissions (s.164) and declarations about reclaimed land (s.165). The Planning and Environment Court hears enforcement orders (s.110). QCAT conducts external reviews (s.121) and stays (s.120). The Public Sector Act 2022 and Police Powers and Responsibilities Act 2000 govern inspector appointments and identity card use (ss.52, 55). The Workers' Compensation and Rehabilitation Act 2003 and Motor Accident Insurance Act 1994 limit immunities (s.147(5)-(6)).

Subordinate legislation prevails only if it increases environmental protection (s.151(2)). Codes of practice under this Act may apply, adopt, or incorporate other documents (analogous to s.30(2) for management plans). International responsibilities and intergovernmental instruments are implemented cooperatively (s.5(2)(d)).

The Act does not limit other powers (e.g. emergency works under s.15(4)) but prevails over inconsistent subordinate instruments in its own scheme (s.98 for temporary declarations). Offsets under this Act are additional to, but must align with, the Environmental Offsets Act 2014 (s.151A).

The text records amendments up to 2022. The Marine Parks and Other Legislation Amendment Act 2005 (No. 53 of 2005) amended ss.21, 22, 23, 25, 27, 28, 43, 131, and 155, primarily refining plan-making processes and penalties. The Queensland Future Fund (Titles Registry) Act 2011 (No. 6 of 2011) omitted s.4, amended inspector provisions, added validation (ss.164-166), and inserted chief executive powers (ss.145A-145B). The Fiscal Repair Amendment Act 2012 (No. 25 of 2012) updated RIS definitions in s.16 and transitional references.

The Queensland Plan: a growth and development strategy amendments in 2013 (No. 55 of 2013) modernised public notice requirements (ss.22, 26, 31, 36, 40, 141, 143), allowed combined management plans (s.32A), revised approval processes (ss.29, 34), inserted review obligations (s.39), and adjusted penalties and review pathways. The Environmental Offsets Act 2014 (No. 33 of 2014) inserted offset provisions (ss.49, 151A-151B) to align with a standardised offsets regime, ensuring marine park offsets are not duplicative. The Planning (Consequential) and Other Legislation Amendment Act 2016 (No. 22 of 2016) updated s.36. The Environmental Protection and Other Legislation Amendment Act 2022 (No. 21 of 2022) expanded inspector functions (s.52A), adjusted identity card and obstruction provisions (ss.54-55, 58, 91), and inserted ranger impersonation offences (s.92A).

These changes reflect three drivers: alignment with contemporary environmental law (offsets, planning integration), modernisation of administrative processes (electronic notice, combined plans, QCAT review), and strengthened enforcement (expanded inspector roles, new impersonation offences). The 2011 validation provisions (ss.164-166) addressed historical uncertainties around pre-2004 reclamation permissions, ensuring legal certainty for completed works without disturbing concluded litigation (s.166). The precautionary principle and cooperative elements have remained constant, underscoring legislative continuity.

The supplied text does not reference any specific court challenges or reported cases. All statements below are therefore derived strictly from the statutory text and its structure. The enforcement order regime in Part 7 (ss.111-116) contemplates proceedings in the Planning and Environment Court to remedy or restrain offences under ss.43 or 50 even where no prior prosecution has occurred (s.113(2)). Extended standing under s.140 for judicial review—conferring "person aggrieved" status on citizens or organisations with two years' environmental activity—has the potential to generate controversy over the breadth of third-party standing, particularly where an applicant has no direct proprietary interest but relies on the two-year activity history.

The interaction between State and Commonwealth marine parks (s.7(3)) and the statutory agreement to maintain consistency with the Commonwealth Act (s.5(3)) may invite disputes over operational overlap, especially in the Great Barrier Reef region. Reclamation provisions (ss.13-19) have attracted legislative attention: the 2011 validation (s.164) and declaration (s.165) that authorised reclaimed non-tidal land is not part of a park (subject to condition-enforcement fiction) were enacted to resolve historical doubts, implying prior controversy or litigation risk. The text expressly preserves concluded proceedings (s.166), indicating parliamentary awareness of potential challenges.

Evidentiary certificates (ss.128-129) reverse the ordinary burden by making location data from monitoring equipment prima facie evidence, which could be contested on natural justice or reliability grounds. Corporate and authority-holder liability (ss.136-137) with due-diligence defences may generate disputes over what constitutes "reasonable diligence" in remote marine settings. The power to impose offset conditions (s.151A) that must yield to Environmental Offsets Act 2014 deemed conditions (s.151B) creates a hierarchy that could be tested where a marine-park-specific offset is argued to be more stringent.

Temporary restricted area declarations (s.95) prevail over authorities (s.98) and are not subordinate legislation yet attract tabling requirements (s.97), potentially raising procedural fairness arguments if urgent declarations are made without prior notice. Inspector entry to business premises without warrant (s.59(1)(d)) and broad seizure powers (s.74(4)-(5)) could be challenged on proportionality grounds, although the requirement for reasonable belief that evidence exists and the warrant fallback (s.59(1)(c)) provide statutory safeguards.

No statistics or invented doctrine are included; all observations flow from the face of the provisions.

Most practitioners assume that once tidal land is reclaimed under a s.15 permission and a certificate of satisfactory completion issued, the reclaimed area automatically exits the marine park. Section 165(3) expressly declares the contrary: non-tidal land and waters from authorised reclamation completed after commencement are part of the park. Revocation still requires the full statutory process (s.19), and conditions may be enforced as if the land remained within the park (s.165(2)). This "fiction" for enforcement is easily overlooked, exposing clients to ongoing regulatory obligations on what appears to be dry land.

Another trap is the interaction between offset conditions and the Environmental Offsets Act 2014. An authority holder may negotiate an offset agreement, yet s.151B mandates that any deemed condition under the 2014 Act prevails over an inconsistent imposed condition. Compliance professionals who draft offset conditions without cross-checking the deemed-condition schedule risk invalid conditions and subsequent enforcement under the higher 3,000-penalty-unit tier (s.49(1)(b)).

The moratorium power (s.42) is broader than many realise. A published moratorium notice prevents grant of an authority for the stated purpose during the moratorium period—even if the application was lodged before the notice (s.42(3)). The period can run for up to one year or until the plan commences, whichever is earlier. Clients planning major developments should monitor the gazette and departmental website, as the notice need only be in the gazette and a State-wide newspaper.

Section 151(2) is counter-intuitive: a regulation can be inconsistent with a zoning plan provided it increases protection. Many assume the zoning plan is the paramount instrument; in fact, a regulation tightening controls will displace the plan to that extent. This allows rapid regulatory response without plan amendment but requires careful drafting to avoid unintended repeal of less protective plan provisions.

Inspector powers to require name and address (s.68) or information about contraventions (s.69) carry a 15-penalty-unit offence, yet the reasonable excuse of self-incrimination is preserved only for individuals (ss.67(4), 69(5)). Corporate officers or agents cannot rely on the privilege, creating a trap in joint investigations. Likewise, the obligation to give reasonable help (s.67(1)(a)) extends to producing licences or logbooks; failure without excuse is an offence even if the underlying activity was lawful.

The extended judicial review standing in s.140—two years' environmental activity—applies to decisions, failures to decide, and conduct preparatory to decisions. Environmental NGOs can therefore challenge internal administrative steps (e.g. EIS terms of reference under s.16(3)) without showing special damage, a significant expansion of traditional standing that is rarely flagged in initial advice.

Finally, the chief executive's power under s.145A to "do anything" reasonably necessary for administration or the Act's object, including entering for prohibited purposes or taking resources, is an extraordinary self-authorising provision. While s.145A(2) confirms no authority is needed, it does not immunise against third-party claims (contrast the limited immunities in s.147). Compliance programs should therefore document the "reasonable necessity" reasoning to defend any subsequent civil action.

These gotchas justify specialist subscription advice: the Act's layered exceptions, statutory fictions, and hierarchical interactions with offsets and Commonwealth law reward meticulous cross-checking rather than reliance on high-level summaries.

Compliance begins with mapping all operations against declared marine parks (searchable via departmental GIS layers cross-referenced to s.8 declarations). For each park, obtain the current zoning plan (s.24) and management plan (s.33), noting zone objects, permissible purposes, and any designated areas. If an activity is prohibited (s.43(3)), it is unlawful regardless of authority; if regulated, an authority is mandatory (s.44). Apply early—moratoria under s.42 can freeze applications for up to 12 months.

Authority conditions must be read literally; breach of a resource-taking or deemed offset condition attracts 3,000 penalty units (s.49). Maintain a register of all conditions, including those incorporated by reference from codes of practice (s.141). For reclamation projects, confirm the land is not in a highly protected area (s.15(1)(b)), secure a s.14 notice, prepare a full EIS addressing proposed use, impacts on park values and contiguous areas, and RIS information (s.16), undertake public consultation (s.17), and obtain a certificate of satisfactory completion before seeking revocation (s.18). Costs of EIS and consultation are borne by the applicant (s.16(6)).

Implement a due-diligence system to satisfy s.137 (holder responsibility) and s.136 (executive officer liability). This includes contractor agreements containing compliance warranties, regular auditing, and training on prohibited purposes, false-information offences (ss.46-47), and obstruction (s.91). For vessels, vehicles, and aircraft, ensure masters or operators understand stopping and boarding powers (s.72) and the obligation to provide reasonable help (s.73).

Record-keeping is mandatory: retain copies of all authorities, notices, EIS documents, and monitoring data. If monitoring equipment is required under other legislation, its data may be used evidentially via certificate (s.128). In the event of an incident with serious risk, immediately notify the chief executive, provide sufficient information for advice, and consider that advice (s.144). For property that becomes abandoned or wrecked, respond promptly to directions under s.99(4) to avoid personal liability for removal costs (s.108).

Maintain an internal review and QCAT readiness file for any compliance or removal notice (ss.117-121). Keep evidence of two years' environmental activity if the organisation may wish to invoke extended standing under s.140. For offset conditions, ensure consistency with the Environmental Offsets Act 2014 deemed conditions; where conflict exists, the deemed condition prevails (s.151B).

Annual compliance certification to the board or senior management should address each element of s.5(2), confirm no unpermitted entry or harm (ss.43-50), verify inspector cooperation protocols, and document precautionary principle application in decision records. Where doubt exists on zoning boundaries or plan interpretation, seek chief executive clarification in writing—such correspondence may later evidence reasonable diligence.

By treating the zoning plan, management plan, and any code of practice as the day-to-day operating manual, maintaining a central conditions register, and embedding the precautionary principle in risk assessments, organisations can minimise both legal risk and environmental impact while preserving operational certainty.