What it does
The Marine Parks Act 2004 establishes a comprehensive statutory framework for the conservation of Queensland's marine environment. At its core, s.5(1) declares the main purpose as "to provide for conservation of the marine environment", achieved through a "comprehensive and integrated strategy" that expressly lists nine elements. These include the declaration of marine parks (s.8), establishment of zones, designated areas, and highly protected areas within them (s.8(2)), preparation of zoning plans (ss.21-28) and management plans (ss.29-42), cooperative involvement of public authorities, interested groups, and Aboriginal and Torres Strait Islander communities (s.5(2)(c)), implementation of Australia's international responsibilities and intergovernmental agreements (s.5(2)(d)), coordination with other environment conservation legislation (s.5(2)(e)), recognition of cultural, economic, environmental, and social relationships between marine parks and adjacent areas (s.5(2)(f)), opportunities for public appreciation and enjoyment (s.5(2)(g)), application of the precautionary principle in decision-making (s.5(2)(h)), and monitoring and enforcement (s.5(2)(i)).
The Act binds all persons, including the State, and, to the extent of legislative power, the Commonwealth and other States (s.6(1)), although governments cannot be prosecuted for offences (s.6(2)). It applies both within and outside Queensland to the full extent of extraterritorial power (s.7(1)-(2)), but operates only consistently with the Commonwealth's Great Barrier Reef Marine Park Act 1975 (Cth) where overlap occurs (s.7(3)).
Part 2 governs marine park establishment and revocation. A regulation may declare an area as a marine park or amalgamate existing ones (s.8(1)), defining boundaries by map or description and assigning a name (s.8(3)). Declared areas may include Queensland waters (as defined in the , sch 1), tidal waters, contiguous land or waters with cultural, economic, environmental, or social relationships, land within or covered by such waters, or connected waters beyond Queensland limits (s.8(2)), including artificial reefs or State-owned infrastructure (s.8(4)). Revocation generally requires a Legislative Assembly resolution on 28 days' notice (s.9(2)), but exceptions exist for inclusions in new parks (s.11), higher-protection Nature Conservation Act 1992 areas (s.12), or reclaimed tidal land under specific procedures (ss.13-19). Reclamation of tidal land not in a highly protected area may be permitted if a zoning plan allows it or the land is unzoned, subject to an environmental impact statement (EIS), public consultation, and a certificate of satisfactory completion (ss.15-18). Upon completion, a regulation may revoke the park declaration for the reclaimed part without Assembly resolution if conditions are met (s.19).