QLDIn ForceAct
Marine Parks Act 2004
sec.36Notice of draft amendment
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### sec.36 Notice of draft amendment
The Minister must publish a notice about the draft amendment on the department’s website.
The notice must—
identify the management plan proposed to be amended; and
state—
that a copy of the draft amendment and the provisions of any document applied, adopted or incorporated by the amendment are available for inspection, without charge by the chief executive—
during normal business hours at each department office; and
on the department’s website; and
an invitation to members of the public and other persons to make written submissions to the Minister, within a stated reasonable period, about the draft amendment.
The stated period must be at least 20 business days after the notice is published.
On payment of the fee, if any, decided by the chief executive, a person may obtain a copy of the draft amendment from the chief executive.
This section does not apply if the amendment is—
a minor amendment to—
correct an error in the plan; or
make a change, other than a change of substance, in the plan; or
of a type that the management plan states may be made under this subsection.
Also, this section does not apply if—
for a management plan that is substantially uniform or complementary with another Act or a law of the Commonwealth or another State—the amendment is needed to ensure the plan remains substantially uniform or complementary; or
each of the following applies—
the amendment adopts an Australian or international protocol, standard, code, or intergovernmental agreement or instrument;
an assessment of the benefits and costs associated with the amendment has already been made;
the assessment was made for, or is relevant to, Queensland; or
the Minister considers there has already been adequate other public consultation about the matters the subject of the amendment.
The consultation mentioned in subsection (6) (c) must have—
involved publication of the matters the subject of the amendment; and
been for a period of at least 20 business days after the publication within which members of the public could comment on the matters.
s 36 amd 2013 No. 55 ss 20 , 175 sch 1 pt 1 ; 2016 No. 22 s 45
(sec.36-ssec.1) The Minister must publish a notice about the draft amendment on the department’s website.
(sec.36-ssec.2) The notice must— identify the management plan proposed to be amended; and state— that a copy of the draft amendment and the provisions of any document applied, adopted or incorporated by the amendment are available for inspection, without charge by the chief executive— during normal business hours at each department office; and on the department’s website; and an invitation to members of the public and other persons to make written submissions to the Minister, within a stated reasonable period, about the draft amendment.
(sec.36-ssec.3) The stated period must be at least 20 business days after the notice is published.
(sec.36-ssec.4) On payment of the fee, if any, decided by the chief executive, a person may obtain a copy of the draft amendment from the chief executive.
(sec.36-ssec.5) This section does not apply if the amendment is— a minor amendment to— correct an error in the plan; or make a change, other than a change of substance, in the plan; or of a type that the management plan states may be made under this subsection.
(sec.36-ssec.6) Also, this section does not apply if— for a management plan that is substantially uniform or complementary with another Act or a law of the Commonwealth or another State—the amendment is needed to ensure the plan remains substantially uniform or complementary; or each of the following applies— the amendment adopts an Australian or international protocol, standard, code, or intergovernmental agreement or instrument; an assessment of the benefits and costs associated with the amendment has already been made; the assessment was made for, or is relevant to, Queensland; or the Minister considers there has already been adequate other public consultation about the matters the subject of the amendment.
(sec.36-ssec.7) The consultation mentioned in subsection (6) (c) must have— involved publication of the matters the subject of the amendment; and been for a period of at least 20 business days after the publication within which members of the public could comment on the matters.
- (a) identify the management plan proposed to be amended; and
- (b) state— (i) that a copy of the draft amendment and the provisions of any document applied, adopted or incorporated by the amendment are available for inspection, without charge by the chief executive— (A) during normal business hours at each department office; and (B) on the department’s website; and (ii) an invitation to members of the public and other persons to make written submissions to the Minister, within a stated reasonable period, about the draft amendment.
- (i) that a copy of the draft amendment and the provisions of any document applied, adopted or incorporated by the amendment are available for inspection, without charge by the chief executive— (A) during normal business hours at each department office; and (B) on the department’s website; and
- (A) during normal business hours at each department office; and
- (B) on the department’s website; and
- (ii) an invitation to members of the public and other persons to make written submissions to the Minister, within a stated reasonable period, about the draft amendment.
- (i) that a copy of the draft amendment and the provisions of any document applied, adopted or incorporated by the amendment are available for inspection, without charge by the chief executive— (A) during normal business hours at each department office; and (B) on the department’s website; and
- (A) during normal business hours at each department office; and
- (B) on the department’s website; and
- (ii) an invitation to members of the public and other persons to make written submissions to the Minister, within a stated reasonable period, about the draft amendment.
- (A) during normal business hours at each department office; and
- (B) on the department’s website; and
- (a) a minor amendment to— (i) correct an error in the plan; or (ii) make a change, other than a change of substance, in the plan; or
- (i) correct an error in the plan; or
- (ii) make a change, other than a change of substance, in the plan; or
- (b) of a type that the management plan states may be made under this subsection.
- (i) correct an error in the plan; or
- (ii) make a change, other than a change of substance, in the plan; or
- (a) for a management plan that is substantially uniform or complementary with another Act or a law of the Commonwealth or another State—the amendment is needed to ensure the plan remains substantially uniform or complementary; or
- (b) each of the following applies— (i) the amendment adopts an Australian or international protocol, standard, code, or intergovernmental agreement or instrument; (ii) an assessment of the benefits and costs associated with the amendment has already been made; (iii) the assessment was made for, or is relevant to, Queensland; or
- (i) the amendment adopts an Australian or international protocol, standard, code, or intergovernmental agreement or instrument;
- (ii) an assessment of the benefits and costs associated with the amendment has already been made;
- (iii) the assessment was made for, or is relevant to, Queensland; or
- (c) the Minister considers there has already been adequate other public consultation about the matters the subject of the amendment.
- (i) the amendment adopts an Australian or international protocol, standard, code, or intergovernmental agreement or instrument;
- (ii) an assessment of the benefits and costs associated with the amendment has already been made;
- (iii) the assessment was made for, or is relevant to, Queensland; or
- (a) involved publication of the matters the subject of the amendment; and
- (b) been for a period of at least 20 business days after the publication within which members of the public could comment on the matters.