Preliminary

General

sec.1 Short title

This zoning plan may be cited as the Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004 . This zoning plan may also be cited as the Great Barrier Reef Coast Marine Park Zoning Plan. s 1 sub 2006 SL No. 224 s 4 (sec.1-ssec.1) This zoning plan may be cited as the Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004 . (sec.1-ssec.2) This zoning plan may also be cited as the Great Barrier Reef Coast Marine Park Zoning Plan.

sec.2 Application

This plan applies to the GBR Coast Marine Park.

Interpretation generally

sec.3 Interpretation of terms generally

The dictionary in schedule 11 defines particular terms used in this plan. Subject to subsection (1) , and unless this plan provides otherwise, words used in this plan have the same meaning they have in the Commonwealth Zoning Plan . However, for applying the Commonwealth Zoning Plan under subsection (2) — a reference to the Marine Park is taken to be a reference to the GBR Coast Marine Park; and a reference to the Great Barrier Reef Region is taken to be a reference to the GBR Coast Marine Park; and a reference to the Authority is taken to be a reference to the chief executive; and a reference to a permission is taken to be a reference to a permission granted under the Regulation , part 3 ; and a reference to being accredited by the Authority in accordance with the Regulations is taken to be a reference to being accredited by the chief executive under the Regulation or this plan; and a reference to an accredited educational or research institution is taken to be a reference to an educational or research institution accredited by the chief executive under the Regulation . s 3 amd 2006 SL No. 224 s 5 (sec.3-ssec.1) The dictionary in schedule 11 defines particular terms used in this plan. (sec.3-ssec.2) Subject to subsection (1) , and unless this plan provides otherwise, words used in this plan have the same meaning they have in the Commonwealth Zoning Plan . (sec.3-ssec.3) However, for applying the Commonwealth Zoning Plan under subsection (2) — a reference to the Marine Park is taken to be a reference to the GBR Coast Marine Park; and a reference to the Great Barrier Reef Region is taken to be a reference to the GBR Coast Marine Park; and a reference to the Authority is taken to be a reference to the chief executive; and a reference to a permission is taken to be a reference to a permission granted under the Regulation , part 3 ; and a reference to being accredited by the Authority in accordance with the Regulations is taken to be a reference to being accredited by the chief executive under the Regulation or this plan; and a reference to an accredited educational or research institution is taken to be a reference to an educational or research institution accredited by the chief executive under the Regulation .

• (a) a reference to the Marine Park is taken to be a reference to the GBR Coast Marine Park; and
• (b) a reference to the Great Barrier Reef Region is taken to be a reference to the GBR Coast Marine Park; and
• (c) a reference to the Authority is taken to be a reference to the chief executive; and
• (d) a reference to a permission is taken to be a reference to a permission granted under the Regulation , part 3 ; and
• (e) a reference to being accredited by the Authority in accordance with the Regulations is taken to be a reference to being accredited by the chief executive under the Regulation or this plan; and
• (f) a reference to an accredited educational or research institution is taken to be a reference to an educational or research institution accredited by the chief executive under the Regulation .

sec.4 Applying Commonwealth purposes to marine park

This section applies if a provision of this plan— states that a person may enter or use an area within a zone or designated area without permission for a permitted purpose for the zone or designated area; or provides that the chief executive may grant a permission to a person to enter or use an area within a zone or designated area for a permissible purpose for the zone or designated area. For applying a provision of the Commonwealth Zoning Plan relating to the permitted or permissible purpose— a reference to the Marine Park is taken to be a reference to the GBR Coast Marine Park; and a reference to a zone of a particular class is taken to be a reference to a zone of the same class within the GBR Coast Marine Park; and a reference to a designated area of a particular type is taken to be a reference to a designated area of the same type within the GBR Coast Marine Park; and a reference to the Authority is taken to be a reference to the chief executive; and a reference to a permission is taken to be a reference to a permission granted under the Regulation , part 3 ; and words are taken to have the same meaning they have in the Commonwealth Zoning Plan subject to applying the Commonwealth Zoning Plan in the way mentioned in section 3 (3) ; and a reference to an objective for a Commonwealth zone is taken to be a reference to the object to be achieved, under this plan for the zone of the same class within the GBR Coast Marine Park; and a reference to an accredited activity, agreement, entity or other thing is taken to be a reference to an activity, agreement, entity or other thing of the same type accredited by the chief executive under the Regulation or this plan; and a reference to the requirements prescribed in the Regulations relating to the operation of a traditional use of marine resources agreement is taken to be a reference to the requirements stated in this plan relating to the operation of traditional use of marine resources agreements; and a reference to a plan of management is taken to be a reference to— a plan prepared under the Commonwealth Act , section 39ZD ; or a management plan approved under part 3 , division 2 of the Act . s 4 amd 2006 SL No. 224 s 6 ; 2016 SL No. 12 s 3 (sec.4-ssec.1) This section applies if a provision of this plan— states that a person may enter or use an area within a zone or designated area without permission for a permitted purpose for the zone or designated area; or provides that the chief executive may grant a permission to a person to enter or use an area within a zone or designated area for a permissible purpose for the zone or designated area. (sec.4-ssec.2) For applying a provision of the Commonwealth Zoning Plan relating to the permitted or permissible purpose— a reference to the Marine Park is taken to be a reference to the GBR Coast Marine Park; and a reference to a zone of a particular class is taken to be a reference to a zone of the same class within the GBR Coast Marine Park; and a reference to a designated area of a particular type is taken to be a reference to a designated area of the same type within the GBR Coast Marine Park; and a reference to the Authority is taken to be a reference to the chief executive; and a reference to a permission is taken to be a reference to a permission granted under the Regulation , part 3 ; and words are taken to have the same meaning they have in the Commonwealth Zoning Plan subject to applying the Commonwealth Zoning Plan in the way mentioned in section 3 (3) ; and a reference to an objective for a Commonwealth zone is taken to be a reference to the object to be achieved, under this plan for the zone of the same class within the GBR Coast Marine Park; and a reference to an accredited activity, agreement, entity or other thing is taken to be a reference to an activity, agreement, entity or other thing of the same type accredited by the chief executive under the Regulation or this plan; and a reference to the requirements prescribed in the Regulations relating to the operation of a traditional use of marine resources agreement is taken to be a reference to the requirements stated in this plan relating to the operation of traditional use of marine resources agreements; and a reference to a plan of management is taken to be a reference to— a plan prepared under the Commonwealth Act , section 39ZD ; or a management plan approved under part 3 , division 2 of the Act .

• (a) states that a person may enter or use an area within a zone or designated area without permission for a permitted purpose for the zone or designated area; or
• (b) provides that the chief executive may grant a permission to a person to enter or use an area within a zone or designated area for a permissible purpose for the zone or designated area.
• (a) a reference to the Marine Park is taken to be a reference to the GBR Coast Marine Park; and
• (b) a reference to a zone of a particular class is taken to be a reference to a zone of the same class within the GBR Coast Marine Park; and
• (c) a reference to a designated area of a particular type is taken to be a reference to a designated area of the same type within the GBR Coast Marine Park; and
• (d) a reference to the Authority is taken to be a reference to the chief executive; and
• (e) a reference to a permission is taken to be a reference to a permission granted under the Regulation , part 3 ; and
• (f) words are taken to have the same meaning they have in the Commonwealth Zoning Plan subject to applying the Commonwealth Zoning Plan in the way mentioned in section 3 (3) ; and
• (g) a reference to an objective for a Commonwealth zone is taken to be a reference to the object to be achieved, under this plan for the zone of the same class within the GBR Coast Marine Park; and
• (h) a reference to an accredited activity, agreement, entity or other thing is taken to be a reference to an activity, agreement, entity or other thing of the same type accredited by the chief executive under the Regulation or this plan; and
• (i) a reference to the requirements prescribed in the Regulations relating to the operation of a traditional use of marine resources agreement is taken to be a reference to the requirements stated in this plan relating to the operation of traditional use of marine resources agreements; and
• (j) a reference to a plan of management is taken to be a reference to— (i) a plan prepared under the Commonwealth Act , section 39ZD ; or (ii) a management plan approved under part 3 , division 2 of the Act .
• (i) a plan prepared under the Commonwealth Act , section 39ZD ; or
• (ii) a management plan approved under part 3 , division 2 of the Act .
• (i) a plan prepared under the Commonwealth Act , section 39ZD ; or
• (ii) a management plan approved under part 3 , division 2 of the Act .

sec.5 References to H.A.T., high water etc.

A reference in this plan to the mainland, an island or another natural feature at H.A.T., high water, L.A.T., or low water is a reference to the line that represents H.A.T., high water, L.A.T., or low water adjacent to the mainland, the island or the natural feature. bay, creek, inlet, river, rock A reference to the bank of a creek, inlet or river is a reference to the line that— runs along the outer limit of the defined channel of the creek, inlet or river; and follows the upper limit of the land in the channel that is covered by the waters of the creek, inlet or river— for a reference to the bank at H.A.T.—at H.A.T.; or for a reference to the bank at high water—at high water; or for a reference to the bank at L.A.T.—at L.A.T.; or for a reference to the bank at low water—at low water. In this section— the mainland includes a part of the mainland. (sec.5-ssec.1) A reference in this plan to the mainland, an island or another natural feature at H.A.T., high water, L.A.T., or low water is a reference to the line that represents H.A.T., high water, L.A.T., or low water adjacent to the mainland, the island or the natural feature. bay, creek, inlet, river, rock (sec.5-ssec.2) A reference to the bank of a creek, inlet or river is a reference to the line that— runs along the outer limit of the defined channel of the creek, inlet or river; and follows the upper limit of the land in the channel that is covered by the waters of the creek, inlet or river— for a reference to the bank at H.A.T.—at H.A.T.; or for a reference to the bank at high water—at high water; or for a reference to the bank at L.A.T.—at L.A.T.; or for a reference to the bank at low water—at low water. (sec.5-ssec.3) In this section— the mainland includes a part of the mainland.

• (a) runs along the outer limit of the defined channel of the creek, inlet or river; and
• (b) follows the upper limit of the land in the channel that is covered by the waters of the creek, inlet or river— (i) for a reference to the bank at H.A.T.—at H.A.T.; or (ii) for a reference to the bank at high water—at high water; or (iii) for a reference to the bank at L.A.T.—at L.A.T.; or (iv) for a reference to the bank at low water—at low water.
• (i) for a reference to the bank at H.A.T.—at H.A.T.; or
• (ii) for a reference to the bank at high water—at high water; or
• (iii) for a reference to the bank at L.A.T.—at L.A.T.; or
• (iv) for a reference to the bank at low water—at low water.
• (i) for a reference to the bank at H.A.T.—at H.A.T.; or
• (ii) for a reference to the bank at high water—at high water; or
• (iii) for a reference to the bank at L.A.T.—at L.A.T.; or
• (iv) for a reference to the bank at low water—at low water.

sec.6 References to relevant mangrove line

This section applies if schedule 2 , 3 , 4 , 5 or 6 states that a boundary of an area runs along the relevant mangrove line. The relevant mangrove line is the mangrove line for the mangrove forest that is between— the point at which the boundary of the area starts to run along the mangrove line; and the point at which the boundary of the area stops running along the mangrove line. For subsection (2) , the mangrove forest is taken to be a continuous forest between the 2 points mentioned in the subsection even if there is a gap in the forest. (sec.6-ssec.1) This section applies if schedule 2 , 3 , 4 , 5 or 6 states that a boundary of an area runs along the relevant mangrove line. (sec.6-ssec.2) The relevant mangrove line is the mangrove line for the mangrove forest that is between— the point at which the boundary of the area starts to run along the mangrove line; and the point at which the boundary of the area stops running along the mangrove line. (sec.6-ssec.3) For subsection (2) , the mangrove forest is taken to be a continuous forest between the 2 points mentioned in the subsection even if there is a gap in the forest.

• (a) the point at which the boundary of the area starts to run along the mangrove line; and
• (b) the point at which the boundary of the area stops running along the mangrove line.

sec.6A References to particular bodies of water

A reference to a bay, creek, harbour, river or similar body of water in schedule 2 , 3 , 4 , 5 , 6 or 7 is a reference to all the tidal waters and tidal land in the bay, creek, harbour, river or body of water that is within the marine park, and includes the tidal land and tidal waters of a tributary of the bay, creek, harbour, river or body of water. s 6A ins 2006 SL No. 224 s 7

Working out particular areas

sec.7 Purpose of div 3

This division states the method for working out an area within a zone or a designated area of the marine park that must be worked out by extending a Commonwealth area that is at the State at low water to the landward boundary of the marine park.

sec.8 Rule for working out areas extending Commonwealth areas to the mainland

This section applies to an area that is to be worked out by extending a Commonwealth area that is at the mainland at low water to the landward boundary of the marine park. The area must be worked out by extending, in the way mentioned in section 10 , the relevant boundaries of the Commonwealth area from the landward boundary of the area to the landward boundary of the marine park. (sec.8-ssec.1) This section applies to an area that is to be worked out by extending a Commonwealth area that is at the mainland at low water to the landward boundary of the marine park. (sec.8-ssec.2) The area must be worked out by extending, in the way mentioned in section 10 , the relevant boundaries of the Commonwealth area from the landward boundary of the area to the landward boundary of the marine park.

sec.9 Rules for working out areas extending Commonwealth areas to an island

This section applies to an area that is to be worked out by extending a Commonwealth area that is at an island at low water to the landward boundary of the marine park. If the whole of the island at low water adjoins the same Commonwealth area, the area must be worked out by extending the landward boundary of the Commonwealth area to the landward boundary of the marine park. If the island at low water adjoins 2 or more Commonwealth areas, the areas adjoining the island must be worked out by extending, in the way mentioned in section 10 , the relevant boundaries of the Commonwealth areas from the landward boundary of the areas to the landward boundary of the marine park. (sec.9-ssec.1) This section applies to an area that is to be worked out by extending a Commonwealth area that is at an island at low water to the landward boundary of the marine park. (sec.9-ssec.2) If the whole of the island at low water adjoins the same Commonwealth area, the area must be worked out by extending the landward boundary of the Commonwealth area to the landward boundary of the marine park. (sec.9-ssec.3) If the island at low water adjoins 2 or more Commonwealth areas, the areas adjoining the island must be worked out by extending, in the way mentioned in section 10 , the relevant boundaries of the Commonwealth areas from the landward boundary of the areas to the landward boundary of the marine park.

sec.10 How relevant boundaries are to be extended

This section states the way a relevant boundary of a Commonwealth area must be extended to the landward boundary of the marine park under section 8 or section 9 (3) . If the relevant boundary is a headland boundary, the relevant boundary must be extended to the landward boundary of the marine park by joining, in a straight line, the intersection point for the relevant boundary to the closest point on the landward boundary of the marine park. If the relevant boundary is not a headland boundary, the relevant boundary must be extended to the landward boundary of the marine park in a straight line at the angle at which the relevant boundary meets the landward boundary of the area. In this section— headland boundary means a relevant boundary of a Commonwealth area that— meets the landward boundary of the Commonwealth area at or near a headland; and will not, if it is extended in a straight line at the angle at which the relevant boundary meets the landward boundary, meet the landward boundary of the marine park on the headland. The eastern relevant boundary of the Commonwealth area that adjoins Nara Inlet at low water is a headland boundary because— the relevant boundary meets the landward boundary of the Commonwealth area immediately south of a headland on the eastern side of the entrance to Nara Inlet; and if the relevant boundary is extended in a straight line at the angle at which the relevant boundary meets the landward boundary of the Commonwealth area, the relevant boundary will not meet the landward boundary of the marine park on the headland on the eastern side of the entrance to Nara Inlet. intersection point , for a relevant boundary of a Commonwealth area, means the point where the relevant boundary meets the landward boundary of the area. (sec.10-ssec.1) This section states the way a relevant boundary of a Commonwealth area must be extended to the landward boundary of the marine park under section 8 or section 9 (3) . (sec.10-ssec.2) If the relevant boundary is a headland boundary, the relevant boundary must be extended to the landward boundary of the marine park by joining, in a straight line, the intersection point for the relevant boundary to the closest point on the landward boundary of the marine park. (sec.10-ssec.3) If the relevant boundary is not a headland boundary, the relevant boundary must be extended to the landward boundary of the marine park in a straight line at the angle at which the relevant boundary meets the landward boundary of the area. (sec.10-ssec.4) In this section— headland boundary means a relevant boundary of a Commonwealth area that— meets the landward boundary of the Commonwealth area at or near a headland; and will not, if it is extended in a straight line at the angle at which the relevant boundary meets the landward boundary, meet the landward boundary of the marine park on the headland. The eastern relevant boundary of the Commonwealth area that adjoins Nara Inlet at low water is a headland boundary because— the relevant boundary meets the landward boundary of the Commonwealth area immediately south of a headland on the eastern side of the entrance to Nara Inlet; and if the relevant boundary is extended in a straight line at the angle at which the relevant boundary meets the landward boundary of the Commonwealth area, the relevant boundary will not meet the landward boundary of the marine park on the headland on the eastern side of the entrance to Nara Inlet. intersection point , for a relevant boundary of a Commonwealth area, means the point where the relevant boundary meets the landward boundary of the area.

• (a) meets the landward boundary of the Commonwealth area at or near a headland; and
• (b) will not, if it is extended in a straight line at the angle at which the relevant boundary meets the landward boundary, meet the landward boundary of the marine park on the headland.
• (a) the relevant boundary meets the landward boundary of the Commonwealth area immediately south of a headland on the eastern side of the entrance to Nara Inlet; and
• (b) if the relevant boundary is extended in a straight line at the angle at which the relevant boundary meets the landward boundary of the Commonwealth area, the relevant boundary will not meet the landward boundary of the marine park on the headland on the eastern side of the entrance to Nara Inlet.

sec.11 Area that is within the zone or designated area worked out under this division

This section states the area that is within the zone or designated area of the marine park worked out under section 8 or 9 . The area that is within the zone or designated area is— for an area worked out under section 8 or section 9 (3) —the area that is formed by the following lines— the line that runs along the landward boundary of the Commonwealth area; the lines that extend the relevant boundaries of the relevant Commonwealth area to the landward boundary of the marine park; the line that runs along the landward boundary of the marine park; or for an area worked out under section 9 (2) —the area that is between the landward boundary of the Commonwealth area and the landward boundary of the marine park. (sec.11-ssec.1) This section states the area that is within the zone or designated area of the marine park worked out under section 8 or 9 . (sec.11-ssec.2) The area that is within the zone or designated area is— for an area worked out under section 8 or section 9 (3) —the area that is formed by the following lines— the line that runs along the landward boundary of the Commonwealth area; the lines that extend the relevant boundaries of the relevant Commonwealth area to the landward boundary of the marine park; the line that runs along the landward boundary of the marine park; or for an area worked out under section 9 (2) —the area that is between the landward boundary of the Commonwealth area and the landward boundary of the marine park.

• (a) for an area worked out under section 8 or section 9 (3) —the area that is formed by the following lines— (i) the line that runs along the landward boundary of the Commonwealth area; (ii) the lines that extend the relevant boundaries of the relevant Commonwealth area to the landward boundary of the marine park; (iii) the line that runs along the landward boundary of the marine park; or
• (i) the line that runs along the landward boundary of the Commonwealth area;
• (ii) the lines that extend the relevant boundaries of the relevant Commonwealth area to the landward boundary of the marine park;
• (iii) the line that runs along the landward boundary of the marine park; or
• (b) for an area worked out under section 9 (2) —the area that is between the landward boundary of the Commonwealth area and the landward boundary of the marine park.
• (i) the line that runs along the landward boundary of the Commonwealth area;
• (ii) the lines that extend the relevant boundaries of the relevant Commonwealth area to the landward boundary of the marine park;
• (iii) the line that runs along the landward boundary of the marine park; or

Working out particular lines

sec.12 Working out lines by reference to 2 points

This section states the method for working out a line mentioned in this plan if the line must be worked out by reference to 2 points. If both points are on the landward boundary of the marine park (each a boundary point ), the line is the line that runs along a geodesic between the 2 boundary points. If 1 point is on the landward boundary of the marine park (the boundary point ) and the other point is either landward or seaward of the landward boundary of the marine park (the non-boundary point ), the line is the line that runs along a geodesic between the following points— the boundary point; the point where the geodesic that passes through the boundary point and the non-boundary point intersects the landward boundary of the marine park. If 1 point is landward of the landward boundary of the marine park (the starting point ) and the other point is either landward or seaward of the landward boundary of the marine park (the ending point ), the line is the line that runs along a geodesic between the following points— the point where the geodesic that passes through the starting point and ending point intersects the landward boundary of the marine park near the starting point; the point where the geodesic that passes through the starting point and ending point intersects the landward boundary near the ending point. If both points are seaward of the landward boundary of the marine park (each a seaward point ), the line is the line that runs along a geodesic between the following points— the point where the geodesic that passes through the 2 seaward points intersects the landward boundary of the marine park near 1 of the seaward points; the point where the geodesic that passes through the 2 points intersects the landward boundary of the marine park near the other seaward point. (sec.12-ssec.1) This section states the method for working out a line mentioned in this plan if the line must be worked out by reference to 2 points. (sec.12-ssec.2) If both points are on the landward boundary of the marine park (each a boundary point ), the line is the line that runs along a geodesic between the 2 boundary points. (sec.12-ssec.3) If 1 point is on the landward boundary of the marine park (the boundary point ) and the other point is either landward or seaward of the landward boundary of the marine park (the non-boundary point ), the line is the line that runs along a geodesic between the following points— the boundary point; the point where the geodesic that passes through the boundary point and the non-boundary point intersects the landward boundary of the marine park. (sec.12-ssec.4) If 1 point is landward of the landward boundary of the marine park (the starting point ) and the other point is either landward or seaward of the landward boundary of the marine park (the ending point ), the line is the line that runs along a geodesic between the following points— the point where the geodesic that passes through the starting point and ending point intersects the landward boundary of the marine park near the starting point; the point where the geodesic that passes through the starting point and ending point intersects the landward boundary near the ending point. (sec.12-ssec.5) If both points are seaward of the landward boundary of the marine park (each a seaward point ), the line is the line that runs along a geodesic between the following points— the point where the geodesic that passes through the 2 seaward points intersects the landward boundary of the marine park near 1 of the seaward points; the point where the geodesic that passes through the 2 points intersects the landward boundary of the marine park near the other seaward point.

• (a) the boundary point;
• (b) the point where the geodesic that passes through the boundary point and the non-boundary point intersects the landward boundary of the marine park.
• (a) the point where the geodesic that passes through the starting point and ending point intersects the landward boundary of the marine park near the starting point;
• (b) the point where the geodesic that passes through the starting point and ending point intersects the landward boundary near the ending point.
• (a) the point where the geodesic that passes through the 2 seaward points intersects the landward boundary of the marine park near 1 of the seaward points;
• (b) the point where the geodesic that passes through the 2 points intersects the landward boundary of the marine park near the other seaward point.

Other aids to interpretation

sec.13 References to latitudes and longitudes

The latitudes and longitudes used to describe an area mentioned in this plan are worked out using the Geocentric Datum of Australia 1994, commonly called ‘GDA94’, notified in the Commonwealth Government Gazette No. GN 35 on 6 September 1995, at page 3369.

sec.14 Significance of particular sequences of letters or numbers

The sequence of letters and numbers starting with the letters ‘QI’ and preceding a name of an area described in schedule 2 , 3 , 4 , 5 , 6 or 7 is the unique identifier given under this plan to identify the area. The bracketed sequence of letters or numbers, or letters and numbers, that follows a reference to a cay, island, reef or rock mentioned in this plan is included to provide additional information for identifying the cay, island, reef or rock. (sec.14-ssec.1) The sequence of letters and numbers starting with the letters ‘QI’ and preceding a name of an area described in schedule 2 , 3 , 4 , 5 , 6 or 7 is the unique identifier given under this plan to identify the area. (sec.14-ssec.2) The bracketed sequence of letters or numbers, or letters and numbers, that follows a reference to a cay, island, reef or rock mentioned in this plan is included to provide additional information for identifying the cay, island, reef or rock.

Zones

Preliminary

sec.15 Relationship between pt 2 and pts 3 and 4

This part is subject to parts 3 and 4 .

sec.16 Zones generally

The marine park consists of the following zones— general use zone; habitat protection zone; estuarine conservation zone; conservation park zone; buffer zone; scientific research zone; marine national park zone; preservation zone. The areas of the marine park that are within each zone are described in schedule 1 . Maps showing the approximate locations of the zones may be inspected at the department’s offices during office hours on business days. The classes of zones mentioned in subsection (1) are listed in ascending order of the level of protection given to them under this plan. (sec.16-ssec.1) The marine park consists of the following zones— general use zone; habitat protection zone; estuarine conservation zone; conservation park zone; buffer zone; scientific research zone; marine national park zone; preservation zone. (sec.16-ssec.2) The areas of the marine park that are within each zone are described in schedule 1 . (sec.16-ssec.3) Maps showing the approximate locations of the zones may be inspected at the department’s offices during office hours on business days. (sec.16-ssec.4) The classes of zones mentioned in subsection (1) are listed in ascending order of the level of protection given to them under this plan.

• (a) general use zone;
• (b) habitat protection zone;
• (c) estuarine conservation zone;
• (d) conservation park zone;
• (e) buffer zone;
• (f) scientific research zone;
• (g) marine national park zone;
• (h) preservation zone.

sec.17 Applicable zone for part of marine park within 2 or more zones

This section applies if, having regard to schedule 1 , any part of the marine park falls within 2 or more zones. The part is taken to fall within the zone that is given the highest level of protection under this plan. (sec.17-ssec.1) This section applies if, having regard to schedule 1 , any part of the marine park falls within 2 or more zones. (sec.17-ssec.2) The part is taken to fall within the zone that is given the highest level of protection under this plan.

sec.17A Objects for zones

The objects to be achieved for each zone mentioned in section 16 (1) are stated in the Regulation , schedule 1 . s 17A ins 2006 SL No. 224 s 8

Section sec.18

s 18 om 2006 SL No. 224 s 9

General use zone

sec.19 Entry or use without permission

A person may enter or use an area within the general use zone without permission for the following purposes— a purpose for which the Commonwealth general use zone may be used or entered without permission of, or notification to, the Marine Park Authority; See the Commonwealth Zoning Plan , sections 2 .2.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation , regulation 69 (Entry to zones for purpose of taking certain protected species). bait gathering; oyster gathering. s 19 amd 2005 SL No. 12 s 3

• (a) a purpose for which the Commonwealth general use zone may be used or entered without permission of, or notification to, the Marine Park Authority; Note— See the Commonwealth Zoning Plan , sections 2 .2.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation , regulation 69 (Entry to zones for purpose of taking certain protected species).
• (b) bait gathering;
• (c) oyster gathering.

sec.20 Entry or use with permission

The chief executive may grant a permission to a person for an area within the general use zone only for a relevant purpose. In this section— relevant purpose means each of the following— a purpose for which the Commonwealth general use zone may be used or entered with written permission of the Marine Park Authority; See the Commonwealth Zoning Plan , section 2 .2.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 37 (General Use Zone—activities). for an area that is within the prescribed exploration area— exploration of, or mining for, minerals by a holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining; or exploration or extraction of petroleum by a holder of a lease, licence, permit or other authority under the Petroleum Act 1923 that authorises the exploration or extraction. (sec.20-ssec.1) The chief executive may grant a permission to a person for an area within the general use zone only for a relevant purpose. (sec.20-ssec.2) In this section— relevant purpose means each of the following— a purpose for which the Commonwealth general use zone may be used or entered with written permission of the Marine Park Authority; See the Commonwealth Zoning Plan , section 2 .2.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 37 (General Use Zone—activities). for an area that is within the prescribed exploration area— exploration of, or mining for, minerals by a holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining; or exploration or extraction of petroleum by a holder of a lease, licence, permit or other authority under the Petroleum Act 1923 that authorises the exploration or extraction.

• (a) a purpose for which the Commonwealth general use zone may be used or entered with written permission of the Marine Park Authority; Note— See the Commonwealth Zoning Plan , section 2 .2.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 37 (General Use Zone—activities).
• (b) for an area that is within the prescribed exploration area— (i) exploration of, or mining for, minerals by a holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining; or (ii) exploration or extraction of petroleum by a holder of a lease, licence, permit or other authority under the Petroleum Act 1923 that authorises the exploration or extraction.
• (i) exploration of, or mining for, minerals by a holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining; or
• (ii) exploration or extraction of petroleum by a holder of a lease, licence, permit or other authority under the Petroleum Act 1923 that authorises the exploration or extraction.
• (i) exploration of, or mining for, minerals by a holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining; or
• (ii) exploration or extraction of petroleum by a holder of a lease, licence, permit or other authority under the Petroleum Act 1923 that authorises the exploration or extraction.

Section sec.21

s 21 om 2006 SL No. 224 s 9

Habitat protection zone

sec.22 Entry or use without permission

A person may enter or use an area within the habitat protection zone without permission for the following purposes— a purpose for which the Commonwealth habitat protection zone may be used or entered without permission of, or notification to, the Marine Park Authority; See the Commonwealth Zoning Plan , section 2 .3.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation , regulation 69 (Entry to zones for purpose of taking certain protected species). bait gathering; oyster gathering. Also, the holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 may enter or use The Narrows, without permission, for exploration of, or mining for, minerals if— the exploration or mining is authorised under the lease, licence, permit or authority; and the holder complies with any directions given by the chief executive in relation to the entering or use. In this section— The Narrows means the area within the Mackay/Capricorn Management area that is described in schedule 3 , section 2 . s 22 amd 2005 SL No. 12 s 4 (sec.22-ssec.1) A person may enter or use an area within the habitat protection zone without permission for the following purposes— a purpose for which the Commonwealth habitat protection zone may be used or entered without permission of, or notification to, the Marine Park Authority; See the Commonwealth Zoning Plan , section 2 .3.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation , regulation 69 (Entry to zones for purpose of taking certain protected species). bait gathering; oyster gathering. (sec.22-ssec.2) Also, the holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 may enter or use The Narrows, without permission, for exploration of, or mining for, minerals if— the exploration or mining is authorised under the lease, licence, permit or authority; and the holder complies with any directions given by the chief executive in relation to the entering or use. (sec.22-ssec.3) In this section— The Narrows means the area within the Mackay/Capricorn Management area that is described in schedule 3 , section 2 .

• (a) a purpose for which the Commonwealth habitat protection zone may be used or entered without permission of, or notification to, the Marine Park Authority; Note— See the Commonwealth Zoning Plan , section 2 .3.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation , regulation 69 (Entry to zones for purpose of taking certain protected species).
• (b) bait gathering;
• (c) oyster gathering.
• (a) the exploration or mining is authorised under the lease, licence, permit or authority; and
• (b) the holder complies with any directions given by the chief executive in relation to the entering or use.

sec.23 Entry or use with permission

The chief executive may grant a permission to a person for an area within the habitat protection zone only for a relevant purpose. In this section— relevant purpose means each of the following— a purpose for which the Commonwealth habitat protection zone may be used or entered with written permission of the Marine Park Authority; See the Commonwealth Zoning Plan , sections 2 .3.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 38 (Habitat Protection Zone—activities). for an area that is within the prescribed exploration area— exploration of, or mining for, minerals by a holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining; or exploration or extraction of petroleum by a holder of a lease, licence, permit or other authority under the Petroleum Act 1923 that authorises the exploration or extraction. (sec.23-ssec.1) The chief executive may grant a permission to a person for an area within the habitat protection zone only for a relevant purpose. (sec.23-ssec.2) In this section— relevant purpose means each of the following— a purpose for which the Commonwealth habitat protection zone may be used or entered with written permission of the Marine Park Authority; See the Commonwealth Zoning Plan , sections 2 .3.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 38 (Habitat Protection Zone—activities). for an area that is within the prescribed exploration area— exploration of, or mining for, minerals by a holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining; or exploration or extraction of petroleum by a holder of a lease, licence, permit or other authority under the Petroleum Act 1923 that authorises the exploration or extraction.

• (a) a purpose for which the Commonwealth habitat protection zone may be used or entered with written permission of the Marine Park Authority; Note— See the Commonwealth Zoning Plan , sections 2 .3.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 38 (Habitat Protection Zone—activities).
• (b) for an area that is within the prescribed exploration area— (i) exploration of, or mining for, minerals by a holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining; or (ii) exploration or extraction of petroleum by a holder of a lease, licence, permit or other authority under the Petroleum Act 1923 that authorises the exploration or extraction.
• (i) exploration of, or mining for, minerals by a holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining; or
• (ii) exploration or extraction of petroleum by a holder of a lease, licence, permit or other authority under the Petroleum Act 1923 that authorises the exploration or extraction.
• (i) exploration of, or mining for, minerals by a holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining; or
• (ii) exploration or extraction of petroleum by a holder of a lease, licence, permit or other authority under the Petroleum Act 1923 that authorises the exploration or extraction.

Section sec.24

s 24 om 2006 SL No. 224 s 9

Estuarine conservation zone

sec.25 Entry or use without permission

A person may enter or use an area within the estuarine conservation zone without permission for the following purposes— to carry out a low impact activity that does not involve the taking of a plant, animal or marine product in the area; to carry out any of the following fishing activities— bait gathering; limited collecting; limited spearfishing; line fishing; netting, including bait netting; oyster gathering; taking a plant, animal or marine product under an accredited harvest fishery and in compliance with any requirements that apply to the taking under the Fisheries Act 1994 or the accreditation; trapping; trolling; a traditional use of marine resources that is carried out in a way that is consistent with an accredited traditional use of marine resources agreement, including, in particular, any conditions or requirements relating to the agreement; to carry out photography, filming or sound recording; to carry out limited impact research (extractive) or limited impact research (non-extractive); to conduct a limited educational program; to navigate a vessel or aircraft, other than a ship or a managed vessel or aircraft, if any equipment that is normally used for fishing or collecting is stowed or secured when the vessel or aircraft is in an area of the zone within which the use of the equipment is not authorised under the Act . s 25 amd 2005 SL No. 12 s 5 ; 2006 SL No. 224 s 10

• (a) to carry out a low impact activity that does not involve the taking of a plant, animal or marine product in the area;
• (b) to carry out any of the following fishing activities— (i) bait gathering; (ii) limited collecting; (iii) limited spearfishing; (iv) line fishing; (v) netting, including bait netting; (vi) oyster gathering; (vii) taking a plant, animal or marine product under an accredited harvest fishery and in compliance with any requirements that apply to the taking under the Fisheries Act 1994 or the accreditation; (viii) trapping; (ix) trolling;
• (i) bait gathering;
• (ii) limited collecting;
• (iii) limited spearfishing;
• (iv) line fishing;
• (v) netting, including bait netting;
• (vi) oyster gathering;
• (vii) taking a plant, animal or marine product under an accredited harvest fishery and in compliance with any requirements that apply to the taking under the Fisheries Act 1994 or the accreditation;
• (viii) trapping;
• (ix) trolling;
• (c) a traditional use of marine resources that is carried out in a way that is consistent with an accredited traditional use of marine resources agreement, including, in particular, any conditions or requirements relating to the agreement;
• (d) to carry out photography, filming or sound recording;
• (e) to carry out limited impact research (extractive) or limited impact research (non-extractive);
• (f) to conduct a limited educational program;
• (g) to navigate a vessel or aircraft, other than a ship or a managed vessel or aircraft, if any equipment that is normally used for fishing or collecting is stowed or secured when the vessel or aircraft is in an area of the zone within which the use of the equipment is not authorised under the Act .
• (i) bait gathering;
• (ii) limited collecting;
• (iii) limited spearfishing;
• (iv) line fishing;
• (v) netting, including bait netting;
• (vi) oyster gathering;
• (vii) taking a plant, animal or marine product under an accredited harvest fishery and in compliance with any requirements that apply to the taking under the Fisheries Act 1994 or the accreditation;
• (viii) trapping;
• (ix) trolling;

sec.26 Entry or use with permission

The chief executive may grant a permission to a person for an area within the estuarine conservation zone only for a relevant purpose. In this section— relevant purpose means each of the following— fishing for— taking a plant, animal or marine product under a harvest fishery other than an accredited harvest fishery; or a developmental fishery program; collecting other than limited collecting; traditional use of marine resources other than a traditional use of marine resources mentioned in section 25 (c) ; operating a fishing industry service vessel; conducting a tourist program; research, other than limited impact research (extractive) or limited impact research (non-extractive); conducting an educational program, other than a limited educational program; conducting a vessel or aircraft charter operation; operating a vessel or aircraft in a particular area within the zone— for more than 14 consecutive days; or for more than 30 days in any period of 60 days; navigating a ship or a managed vessel or aircraft; operating a facility for a purpose, other than a purpose mentioned in section 25 , that is consistent with the objects stated in the Regulation , schedule 1 , section 3 , including, for example, the following— operating a facility for discharging waste; operating a facility for the building, assembling, fixing in position, maintaining or demolishing of another facility; operating a facility for constructing or operating mooring facilities for vessels; operating a facility for a landing area or another facility for aircraft; carrying out works for a purpose that is consistent with the objects stated in the Regulation , schedule 1 , section 3 ; a program for taking a plant or animal, other than a taking authorised under section 25 or part 4 , that poses a threat to— human life or safety; or marine ecosystems of the marine park; or the use or amenity of an area within the marine park or an area adjacent to the marine park; any other purpose that is consistent with the objects stated in the Regulation , schedule 1 , section 3 , other than— a purpose mentioned in section 25 ; or a purpose mentioned in the Commonwealth Regulation , regulation 38. s 26 amd 2006 SL No. 224 s 11 ; 2007 SL No. 108 s 3 (sec.26-ssec.1) The chief executive may grant a permission to a person for an area within the estuarine conservation zone only for a relevant purpose. (sec.26-ssec.2) In this section— relevant purpose means each of the following— fishing for— taking a plant, animal or marine product under a harvest fishery other than an accredited harvest fishery; or a developmental fishery program; collecting other than limited collecting; traditional use of marine resources other than a traditional use of marine resources mentioned in section 25 (c) ; operating a fishing industry service vessel; conducting a tourist program; research, other than limited impact research (extractive) or limited impact research (non-extractive); conducting an educational program, other than a limited educational program; conducting a vessel or aircraft charter operation; operating a vessel or aircraft in a particular area within the zone— for more than 14 consecutive days; or for more than 30 days in any period of 60 days; navigating a ship or a managed vessel or aircraft; operating a facility for a purpose, other than a purpose mentioned in section 25 , that is consistent with the objects stated in the Regulation , schedule 1 , section 3 , including, for example, the following— operating a facility for discharging waste; operating a facility for the building, assembling, fixing in position, maintaining or demolishing of another facility; operating a facility for constructing or operating mooring facilities for vessels; operating a facility for a landing area or another facility for aircraft; carrying out works for a purpose that is consistent with the objects stated in the Regulation , schedule 1 , section 3 ; a program for taking a plant or animal, other than a taking authorised under section 25 or part 4 , that poses a threat to— human life or safety; or marine ecosystems of the marine park; or the use or amenity of an area within the marine park or an area adjacent to the marine park; any other purpose that is consistent with the objects stated in the Regulation , schedule 1 , section 3 , other than— a purpose mentioned in section 25 ; or a purpose mentioned in the Commonwealth Regulation , regulation 38.

• (a) fishing for— (i) taking a plant, animal or marine product under a harvest fishery other than an accredited harvest fishery; or (ii) a developmental fishery program;
• (i) taking a plant, animal or marine product under a harvest fishery other than an accredited harvest fishery; or
• (ii) a developmental fishery program;
• (b) collecting other than limited collecting;
• (c) traditional use of marine resources other than a traditional use of marine resources mentioned in section 25 (c) ;
• (d) operating a fishing industry service vessel;
• (e) conducting a tourist program;
• (f) research, other than limited impact research (extractive) or limited impact research (non-extractive);
• (g) conducting an educational program, other than a limited educational program;
• (h) conducting a vessel or aircraft charter operation;
• (i) operating a vessel or aircraft in a particular area within the zone— (i) for more than 14 consecutive days; or (ii) for more than 30 days in any period of 60 days;
• (i) for more than 14 consecutive days; or
• (ii) for more than 30 days in any period of 60 days;
• (j) navigating a ship or a managed vessel or aircraft;
• (k) operating a facility for a purpose, other than a purpose mentioned in section 25 , that is consistent with the objects stated in the Regulation , schedule 1 , section 3 , including, for example, the following— (i) operating a facility for discharging waste; (ii) operating a facility for the building, assembling, fixing in position, maintaining or demolishing of another facility; (iii) operating a facility for constructing or operating mooring facilities for vessels; (iv) operating a facility for a landing area or another facility for aircraft;
• (i) operating a facility for discharging waste;
• (ii) operating a facility for the building, assembling, fixing in position, maintaining or demolishing of another facility;
• (iii) operating a facility for constructing or operating mooring facilities for vessels;
• (iv) operating a facility for a landing area or another facility for aircraft;
• (l) carrying out works for a purpose that is consistent with the objects stated in the Regulation , schedule 1 , section 3 ;
• (m) a program for taking a plant or animal, other than a taking authorised under section 25 or part 4 , that poses a threat to— (i) human life or safety; or (ii) marine ecosystems of the marine park; or (iii) the use or amenity of an area within the marine park or an area adjacent to the marine park;
• (i) human life or safety; or
• (ii) marine ecosystems of the marine park; or
• (iii) the use or amenity of an area within the marine park or an area adjacent to the marine park;
• (n) any other purpose that is consistent with the objects stated in the Regulation , schedule 1 , section 3 , other than— (i) a purpose mentioned in section 25 ; or (ii) a purpose mentioned in the Commonwealth Regulation , regulation 38.
• (i) a purpose mentioned in section 25 ; or
• (ii) a purpose mentioned in the Commonwealth Regulation , regulation 38.
• (i) taking a plant, animal or marine product under a harvest fishery other than an accredited harvest fishery; or
• (ii) a developmental fishery program;
• (i) for more than 14 consecutive days; or
• (ii) for more than 30 days in any period of 60 days;
• (i) operating a facility for discharging waste;
• (ii) operating a facility for the building, assembling, fixing in position, maintaining or demolishing of another facility;
• (iii) operating a facility for constructing or operating mooring facilities for vessels;
• (iv) operating a facility for a landing area or another facility for aircraft;
• (i) human life or safety; or
• (ii) marine ecosystems of the marine park; or
• (iii) the use or amenity of an area within the marine park or an area adjacent to the marine park;
• (i) a purpose mentioned in section 25 ; or
• (ii) a purpose mentioned in the Commonwealth Regulation , regulation 38.

Section sec.27

s 27 om 2006 SL No. 224 s 9

Conservation park zone

sec.28 Entry or use without permission

A person may enter or use an area within the conservation park zone without permission for the following purposes— a purpose for which the Commonwealth conservation park zone may be used or entered without permission of, or notification to, the Marine Park Authority; See the Commonwealth Zoning Plan , section 2 .4.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation , regulation 69 (Entry to zones for purpose of taking certain protected species). oyster gathering. Also, a person may enter or use, without permission, a conservation park line fishing area for limited line fishing. However, a person who is a commercial fisher who enters or uses an area under subsection (1) (a) for the purpose of bait netting must not— take a relevant fish while bait netting; or possess a relevant fish taken in contravention of paragraph (a) . For subsection (3) (a) , a commercial fisher does not take a relevant fish while bait netting if— the fish is taken unintentionally; and the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and the fisher immediately releases the fish into water deep enough to allow the fish to escape. In this section— conservation park line fishing area means an area within the conservation park zone that is mentioned and described in schedule 7 . limited line fishing means fishing using not more than 2 prescribed instruments. possess , a relevant fish, means— to have custody or control of the fish; or to have an ability or right to readily obtain custody or control of the fish. prescribed instrument means a hand held fishing rod or a handline that has— only 1 hook; and not more than 1 artificial fly; and not more than 1 lure. relevant fish means a fish of any of the following species— bream of the genus Acanthopagrus or Rhabdosargus ; flathead of the genus Platycephalus ; whiting of the genus Sillago . s 28 amd 2005 SL No. 12 s 6 ; 2011 SL No. 257 s 4 (sec.28-ssec.1) A person may enter or use an area within the conservation park zone without permission for the following purposes— a purpose for which the Commonwealth conservation park zone may be used or entered without permission of, or notification to, the Marine Park Authority; See the Commonwealth Zoning Plan , section 2 .4.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation , regulation 69 (Entry to zones for purpose of taking certain protected species). oyster gathering. (sec.28-ssec.2) Also, a person may enter or use, without permission, a conservation park line fishing area for limited line fishing. (sec.28-ssec.3) However, a person who is a commercial fisher who enters or uses an area under subsection (1) (a) for the purpose of bait netting must not— take a relevant fish while bait netting; or possess a relevant fish taken in contravention of paragraph (a) . (sec.28-ssec.4) For subsection (3) (a) , a commercial fisher does not take a relevant fish while bait netting if— the fish is taken unintentionally; and the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and the fisher immediately releases the fish into water deep enough to allow the fish to escape. (sec.28-ssec.5) In this section— conservation park line fishing area means an area within the conservation park zone that is mentioned and described in schedule 7 . limited line fishing means fishing using not more than 2 prescribed instruments. possess , a relevant fish, means— to have custody or control of the fish; or to have an ability or right to readily obtain custody or control of the fish. prescribed instrument means a hand held fishing rod or a handline that has— only 1 hook; and not more than 1 artificial fly; and not more than 1 lure. relevant fish means a fish of any of the following species— bream of the genus Acanthopagrus or Rhabdosargus ; flathead of the genus Platycephalus ; whiting of the genus Sillago .

• (a) a purpose for which the Commonwealth conservation park zone may be used or entered without permission of, or notification to, the Marine Park Authority; Note— See the Commonwealth Zoning Plan , section 2 .4.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation , regulation 69 (Entry to zones for purpose of taking certain protected species).
• (b) oyster gathering.
• (a) take a relevant fish while bait netting; or
• (b) possess a relevant fish taken in contravention of paragraph (a) .
• (a) the fish is taken unintentionally; and
• (b) the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and
• (c) the fisher immediately releases the fish into water deep enough to allow the fish to escape.
• (a) to have custody or control of the fish; or
• (b) to have an ability or right to readily obtain custody or control of the fish.
• (a) only 1 hook; and
• (b) not more than 1 artificial fly; and
• (c) not more than 1 lure.
• (a) bream of the genus Acanthopagrus or Rhabdosargus ;
• (b) flathead of the genus Platycephalus ;
• (c) whiting of the genus Sillago .

sec.29 Entry or use with permission

The chief executive may grant a permission to a person for an area within the conservation park zone only for a relevant purpose. In this section— relevant purpose means a purpose for which the Commonwealth conservation park zone may be used or entered with written permission of the Marine Park Authority. See the Commonwealth Zoning Plan , section 2 .4.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 39 (Conservation Park Zone—activities). (sec.29-ssec.1) The chief executive may grant a permission to a person for an area within the conservation park zone only for a relevant purpose. (sec.29-ssec.2) In this section— relevant purpose means a purpose for which the Commonwealth conservation park zone may be used or entered with written permission of the Marine Park Authority. See the Commonwealth Zoning Plan , section 2 .4.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 39 (Conservation Park Zone—activities).

Section sec.30

s 30 om 2006 SL No. 224 s 9

Buffer zone

sec.31 Entry or use without permission

A person may enter or use an area within the buffer zone without permission for a purpose for which the Commonwealth buffer zone may be used or entered without permission of, or notification to, the Marine Park Authority. See the Commonwealth Zoning Plan , section 2 .5.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation , regulation 69 (Entry to zones for purpose of taking certain protected species).

sec.32 Entry or use with permission

The chief executive may grant a permission to a person for an area within the buffer zone only for a relevant purpose. In this section— relevant purpose means a purpose for which the Commonwealth buffer zone may be used or entered with written permission of the Marine Park Authority. See the Commonwealth Zoning Plan , section 2 .5.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 40 (Buffer Zone—activities). (sec.32-ssec.1) The chief executive may grant a permission to a person for an area within the buffer zone only for a relevant purpose. (sec.32-ssec.2) In this section— relevant purpose means a purpose for which the Commonwealth buffer zone may be used or entered with written permission of the Marine Park Authority. See the Commonwealth Zoning Plan , section 2 .5.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 40 (Buffer Zone—activities).

Section sec.33

s 33 om 2006 SL No. 224 s 9

Scientific research zone

sec.34 Entry or use without permission

A person may enter or use an area within the scientific research zone without permission for a purpose for which the Commonwealth scientific research zone may be used or entered without permission of, or notification to, the Marine Park Authority. See the Commonwealth Zoning Plan , section 2 .6.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation , regulation 69 (Entry to zones for purpose of taking certain protected species).

sec.35 Entry or use with permission

The chief executive may grant a permission to a person for an area within the scientific research zone only for a relevant purpose. In this section— relevant purpose means a purpose for which the Commonwealth scientific research zone may be used or entered with written permission of the Marine Park Authority. See the Commonwealth Zoning Plan , section 2 .6.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 41 (Scientific Research Zone—activities). (sec.35-ssec.1) The chief executive may grant a permission to a person for an area within the scientific research zone only for a relevant purpose. (sec.35-ssec.2) In this section— relevant purpose means a purpose for which the Commonwealth scientific research zone may be used or entered with written permission of the Marine Park Authority. See the Commonwealth Zoning Plan , section 2 .6.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 41 (Scientific Research Zone—activities).

Section sec.36

s 36 om 2006 SL No. 224 s 9

Marine national park zone

sec.37 Entry or use without permission

A person may enter or use an area within the marine national park zone without permission for a purpose for which the Commonwealth marine national park zone may be used or entered without permission of, or notification to, the Marine Park Authority. See the Commonwealth Zoning Plan , section 2 .7.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation , regulation 69 (Entry to zones for purpose of taking certain protected species).

sec.38 Entry or use with permission

The chief executive may grant a permission to a person for an area within the marine national park zone only for a relevant purpose. In this section— relevant purpose means a purpose for which the Commonwealth marine national park zone may be used or entered with written permission of the Marine Park Authority. See the Commonwealth Zoning Plan , section 2 .7.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 42 (Marine National Park Zone—activities). (sec.38-ssec.1) The chief executive may grant a permission to a person for an area within the marine national park zone only for a relevant purpose. (sec.38-ssec.2) In this section— relevant purpose means a purpose for which the Commonwealth marine national park zone may be used or entered with written permission of the Marine Park Authority. See the Commonwealth Zoning Plan , section 2 .7.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 42 (Marine National Park Zone—activities).

Section sec.39

s 39 om 2006 SL No. 224 s 9

Preservation zone

sec.40 Entry or use without permission

A person may enter or use an area within the preservation zone without permission for a purpose for which the Commonwealth preservation zone may be used or entered without permission of, or notification to, the Marine Park Authority, other than a prescribed navigation purpose. See the Commonwealth Zoning Plan , section 2 .8.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation , regulation 69 (Entry to zones for purpose of taking certain protected species). In this section— prescribed navigation purpose means to navigate a vessel within the area or to access another area within the marine park. (sec.40-ssec.1) A person may enter or use an area within the preservation zone without permission for a purpose for which the Commonwealth preservation zone may be used or entered without permission of, or notification to, the Marine Park Authority, other than a prescribed navigation purpose. See the Commonwealth Zoning Plan , section 2 .8.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation , regulation 69 (Entry to zones for purpose of taking certain protected species). (sec.40-ssec.2) In this section— prescribed navigation purpose means to navigate a vessel within the area or to access another area within the marine park.

sec.41 Entry or use with permission

The chief executive may grant a permission to a person for an area within the preservation zone only for a relevant purpose. In this section— relevant purpose means each of the following— a purpose for which the Commonwealth preservation zone may be used or entered with written permission of the Marine Park Authority; See the Commonwealth Zoning Plan , section 2 .8.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 43 (Preservation Zone—activities). to navigate a vessel, other than a ship or a managed vessel or aircraft, within the area or to access another area within the marine park, if any equipment that is normally used for fishing or collecting is stowed or secured when the vessel is an area within the preservation zone. (sec.41-ssec.1) The chief executive may grant a permission to a person for an area within the preservation zone only for a relevant purpose. (sec.41-ssec.2) In this section— relevant purpose means each of the following— a purpose for which the Commonwealth preservation zone may be used or entered with written permission of the Marine Park Authority; See the Commonwealth Zoning Plan , section 2 .8.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 43 (Preservation Zone—activities). to navigate a vessel, other than a ship or a managed vessel or aircraft, within the area or to access another area within the marine park, if any equipment that is normally used for fishing or collecting is stowed or secured when the vessel is an area within the preservation zone.

• (a) a purpose for which the Commonwealth preservation zone may be used or entered with written permission of the Marine Park Authority; Note— See the Commonwealth Zoning Plan , section 2 .8.4 (Use or entry with permission) and the Commonwealth Regulation , regulation 43 (Preservation Zone—activities).
• (b) to navigate a vessel, other than a ship or a managed vessel or aircraft, within the area or to access another area within the marine park, if any equipment that is normally used for fishing or collecting is stowed or secured when the vessel is an area within the preservation zone.

Designated areas

Preliminary

sec.42 Relationship with pt 4

This part is subject to part 4 .

sec.43 Areas set aside for special management

The following areas of the marine park are set aside for special management— remote natural areas; shipping areas; the Princess Charlotte Bay special management area; species conservation (dugong protection) special management areas; restricted access special management areas; public appreciation special management areas; no dories detached (marine national park zone) special management areas; one dory detached (conservation park zone) special management areas; one dory detached (buffer zone) special management areas; fisheries experimental areas; seasonal closure areas; the Michaelmas Cay restricted access area; commercial crab fishery areas.

• (a) remote natural areas;
• (b) shipping areas;
• (c) the Princess Charlotte Bay special management area;
• (d) species conservation (dugong protection) special management areas;
• (e) restricted access special management areas;
• (f) public appreciation special management areas;
• (g) no dories detached (marine national park zone) special management areas;
• (h) one dory detached (conservation park zone) special management areas;
• (i) one dory detached (buffer zone) special management areas;
• (j) fisheries experimental areas;
• (k) seasonal closure areas;
• (l) the Michaelmas Cay restricted access area;
• (m) commercial crab fishery areas.

Remote natural areas

sec.44 Remote natural areas

An area of the marine park mentioned and described in schedule 8 , part 1 , is a remote natural area. A remote natural area may be the whole or part of 1 or more zones. (sec.44-ssec.1) An area of the marine park mentioned and described in schedule 8 , part 1 , is a remote natural area. (sec.44-ssec.2) A remote natural area may be the whole or part of 1 or more zones.

sec.45 Objectives

The objectives for each remote natural area are— to ensure the area remains largely unaltered by works or facilities; and to provide opportunities for quiet appreciation and enjoyment of the area. The objectives mentioned in subsection (1) are in addition to the objectives for the zone within which the area or part of the area is located. (sec.45-ssec.1) The objectives for each remote natural area are— to ensure the area remains largely unaltered by works or facilities; and to provide opportunities for quiet appreciation and enjoyment of the area. (sec.45-ssec.2) The objectives mentioned in subsection (1) are in addition to the objectives for the zone within which the area or part of the area is located.

• (a) to ensure the area remains largely unaltered by works or facilities; and
• (b) to provide opportunities for quiet appreciation and enjoyment of the area.

sec.46 Special management provision

Despite part 2 , a person may not enter or use, without permission, an area within a remote natural area for— a declared purpose; or an unauthorised purpose. However, the chief executive may grant a person a permission to enter or use an area within a remote natural area for a declared purpose. Despite part 2 , the chief executive must not grant a permission to a person for an area within a remote natural area for an unauthorised purpose. In this section— declared purpose means a purpose declared for the Commonwealth Zoning Plan , section 3 .4. unauthorised purpose means a purpose for which the Commonwealth remote natural area may not be used or entered. See Commonwealth Zoning Plan , section 3 .3 (Use or entry for certain purposes not authorised) and the Commonwealth Regulation , regulation 44 (Remote Natural Area—purposes for which the area may not be used or entered). (sec.46-ssec.1) Despite part 2 , a person may not enter or use, without permission, an area within a remote natural area for— a declared purpose; or an unauthorised purpose. (sec.46-ssec.2) However, the chief executive may grant a person a permission to enter or use an area within a remote natural area for a declared purpose. (sec.46-ssec.3) Despite part 2 , the chief executive must not grant a permission to a person for an area within a remote natural area for an unauthorised purpose. (sec.46-ssec.4) In this section— declared purpose means a purpose declared for the Commonwealth Zoning Plan , section 3 .4. unauthorised purpose means a purpose for which the Commonwealth remote natural area may not be used or entered. See Commonwealth Zoning Plan , section 3 .3 (Use or entry for certain purposes not authorised) and the Commonwealth Regulation , regulation 44 (Remote Natural Area—purposes for which the area may not be used or entered).

• (a) a declared purpose; or
• (b) an unauthorised purpose.

Shipping areas

sec.47 Shipping areas

An area of the marine park mentioned and described in schedule 8 , part 2 , is a shipping area. A shipping area may be the whole or part of 1 or more zones. (sec.47-ssec.1) An area of the marine park mentioned and described in schedule 8 , part 2 , is a shipping area. (sec.47-ssec.2) A shipping area may be the whole or part of 1 or more zones.

sec.48 Objective

The objective for each shipping area is to make provision for the navigation of ships within the area.

sec.49 Special management provision

Despite part 2 and division 2 , a person may enter or use, without permission, a shipping area for a purpose for which a Commonwealth shipping area may be used or entered without permission. See the Commonwealth Zoning Plan , section 4 .1.3 (Shipping management provision). See also, the Commonwealth Zoning Plan , section 1 .5(3) (Interpretation—general) for the conditions or limitations that may be prescribed under the Commonwealth Regulation .

Princess Charlotte Bay special management area

sec.50 Princess Charlotte Bay special management area

The area consisting of the areas of the marine park mentioned and described in schedule 8 , part 3 , is the Princess Charlotte Bay special management area. The Princess Charlotte Bay special management area is within the habitat protection zone. (sec.50-ssec.1) The area consisting of the areas of the marine park mentioned and described in schedule 8 , part 3 , is the Princess Charlotte Bay special management area. (sec.50-ssec.2) The Princess Charlotte Bay special management area is within the habitat protection zone.

sec.51 Objective

The objective for the Princess Charlotte Bay special management area is to restrict access to, or the use of, the area for the conservation of marine species.

sec.52 Special management provision

Section 22 does not authorise a person to enter or use, without permission, the Princess Charlotte Bay special management area for netting, other than bait netting. However, the chief executive may grant a person a permission to enter or use the Princess Charlotte Bay special management area for netting, other than bait netting, if— the person holds a primary commercial fishing boat licence that authorises netting to be carried out in the prescribed PCB area; and netting was carried out, under the licence or a former licence for the licence, in the prescribed PCB area— at any time during the period starting on 1 January 1996 and ending on 31 December 1999; and at any time in at least 3 years during the period starting on 1 January 1988 and ending on 31 December 1999; and at least 5 tonnes of catch were taken while the netting was carried out, under the licence, in the prescribed PCB area during the period starting on 1 January 1988 and ending on 31 December 1999. The chief executive may accept advice from the Marine Park Authority for working out whether the matters mentioned in subsection (2) (b) or (c) have happened. For subsection (2) (b) , a former licence for a primary commercial fishing boat licence is a licence that was replaced or renewed by the current licence, including, for example, because the former licence expired or was surrendered. s 52 amd 2019 SL No. 71 s 59 sch 1 (sec.52-ssec.1) Section 22 does not authorise a person to enter or use, without permission, the Princess Charlotte Bay special management area for netting, other than bait netting. (sec.52-ssec.2) However, the chief executive may grant a person a permission to enter or use the Princess Charlotte Bay special management area for netting, other than bait netting, if— the person holds a primary commercial fishing boat licence that authorises netting to be carried out in the prescribed PCB area; and netting was carried out, under the licence or a former licence for the licence, in the prescribed PCB area— at any time during the period starting on 1 January 1996 and ending on 31 December 1999; and at any time in at least 3 years during the period starting on 1 January 1988 and ending on 31 December 1999; and at least 5 tonnes of catch were taken while the netting was carried out, under the licence, in the prescribed PCB area during the period starting on 1 January 1988 and ending on 31 December 1999. (sec.52-ssec.3) The chief executive may accept advice from the Marine Park Authority for working out whether the matters mentioned in subsection (2) (b) or (c) have happened. (sec.52-ssec.4) For subsection (2) (b) , a former licence for a primary commercial fishing boat licence is a licence that was replaced or renewed by the current licence, including, for example, because the former licence expired or was surrendered.

• (a) the person holds a primary commercial fishing boat licence that authorises netting to be carried out in the prescribed PCB area; and
• (b) netting was carried out, under the licence or a former licence for the licence, in the prescribed PCB area— (i) at any time during the period starting on 1 January 1996 and ending on 31 December 1999; and (ii) at any time in at least 3 years during the period starting on 1 January 1988 and ending on 31 December 1999; and
• (i) at any time during the period starting on 1 January 1996 and ending on 31 December 1999; and
• (ii) at any time in at least 3 years during the period starting on 1 January 1988 and ending on 31 December 1999; and
• (c) at least 5 tonnes of catch were taken while the netting was carried out, under the licence, in the prescribed PCB area during the period starting on 1 January 1988 and ending on 31 December 1999.
• (i) at any time during the period starting on 1 January 1996 and ending on 31 December 1999; and
• (ii) at any time in at least 3 years during the period starting on 1 January 1988 and ending on 31 December 1999; and

sec.53 Application for permission must include particular information

An application, under the Regulation , part 3 , for a permission for netting, other than bait netting, in an area within the Princess Charlotte Bay special management area must be accompanied by— a certificate, or a certified copy of a certificate, issued under the Fisheries Act 1994 , section 74 , stating the applicant is the holder of a primary commercial fishing boat licence that authorises netting to be carried out in the prescribed PCB area; and a copy of each relevant return for the applicant, certified to be a true copy by the chief executive (fisheries), showing that the applicant has complied with the conditions stated in section 52 (2) (b) and (c) . In this section— relevant return , for an applicant, means a return, or part of a return, that— relates to netting carried out under the primary commercial fishing boat licence held by the applicant during the period starting on 1 January 1988 and ending on 31 December 1999; and was given by the applicant to— the chief executive (fisheries) or the former Queensland Fisheries Management Authority under the Fisheries Act 1994 ; or the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 . s 53 amd 2006 SL No. 224 s 12 ; 2019 SL No. 71 s 59 sch 1 (sec.53-ssec.1) An application, under the Regulation , part 3 , for a permission for netting, other than bait netting, in an area within the Princess Charlotte Bay special management area must be accompanied by— a certificate, or a certified copy of a certificate, issued under the Fisheries Act 1994 , section 74 , stating the applicant is the holder of a primary commercial fishing boat licence that authorises netting to be carried out in the prescribed PCB area; and a copy of each relevant return for the applicant, certified to be a true copy by the chief executive (fisheries), showing that the applicant has complied with the conditions stated in section 52 (2) (b) and (c) . (sec.53-ssec.2) In this section— relevant return , for an applicant, means a return, or part of a return, that— relates to netting carried out under the primary commercial fishing boat licence held by the applicant during the period starting on 1 January 1988 and ending on 31 December 1999; and was given by the applicant to— the chief executive (fisheries) or the former Queensland Fisheries Management Authority under the Fisheries Act 1994 ; or the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 .

• (a) a certificate, or a certified copy of a certificate, issued under the Fisheries Act 1994 , section 74 , stating the applicant is the holder of a primary commercial fishing boat licence that authorises netting to be carried out in the prescribed PCB area; and
• (b) a copy of each relevant return for the applicant, certified to be a true copy by the chief executive (fisheries), showing that the applicant has complied with the conditions stated in section 52 (2) (b) and (c) .
• (a) relates to netting carried out under the primary commercial fishing boat licence held by the applicant during the period starting on 1 January 1988 and ending on 31 December 1999; and
• (b) was given by the applicant to— (i) the chief executive (fisheries) or the former Queensland Fisheries Management Authority under the Fisheries Act 1994 ; or (ii) the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 .
• (i) the chief executive (fisheries) or the former Queensland Fisheries Management Authority under the Fisheries Act 1994 ; or
• (ii) the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 .
• (i) the chief executive (fisheries) or the former Queensland Fisheries Management Authority under the Fisheries Act 1994 ; or
• (ii) the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 .

Species conservation (dugong protection) special management areas

sec.54 Species conservation (dugong protection) special management areas

An area of the marine park mentioned and described in schedule 8 , part 4 , is a species conservation (dugong protection) special management area. A species conservation (dugong protection) special management area may be the whole or part of 1 or more zones. (sec.54-ssec.1) An area of the marine park mentioned and described in schedule 8 , part 4 , is a species conservation (dugong protection) special management area. (sec.54-ssec.2) A species conservation (dugong protection) special management area may be the whole or part of 1 or more zones.

sec.55 Objective

The objective for each species conservation (dugong protection) special management area is to restrict the use of the area for the conservation of dugongs.

sec.56 Special management provision

A person may enter or use an area within the species conservation (dugong protection) special management area to carry out netting, including bait netting, if— the person is permitted to enter or use the area to carry out the netting under part 2 ; and the person when carrying out the netting complies with the applicable provisions of the Fisheries Declaration 2019 , chapter 2 , part 11 . However— no netting, other than bait netting within the meaning of the Commonwealth Regulation , may be carried out in the Commonwealth no netting area; and the use of a mesh net in the State restricted netting area must comply with the Commonwealth Regulation , regulation 47. In this section— Commonwealth no netting area means the No netting (other than bait netting) area within Bowling Green Bay Species Conservation (Dugong Protection) Special Management Area as described in the Commonwealth Regulation , table 47.3. Commonwealth restricted netting area means the Restricted netting area within Bowling Green Bay Species Conservation (Dugong Protection) Special Management Area as described in the Commonwealth Regulation , table 47.4. State restricted netting area means— the Commonwealth restricted netting area; and the area of the marine park worked out by— extending the part of the area described in the Commonwealth Regulation , table 47.4 at the State at low water to the landward boundary of the marine park; and excluding the area mentioned and described in schedule 2 , section 19 . s 56 amd 2008 SL No. 83 s 733 sub 2016 SL No. 12 s 4 amd 2019 SL No. 71 s 59 sch 1 (sec.56-ssec.1) A person may enter or use an area within the species conservation (dugong protection) special management area to carry out netting, including bait netting, if— the person is permitted to enter or use the area to carry out the netting under part 2 ; and the person when carrying out the netting complies with the applicable provisions of the Fisheries Declaration 2019 , chapter 2 , part 11 . (sec.56-ssec.2) However— no netting, other than bait netting within the meaning of the Commonwealth Regulation , may be carried out in the Commonwealth no netting area; and the use of a mesh net in the State restricted netting area must comply with the Commonwealth Regulation , regulation 47. (sec.56-ssec.3) In this section— Commonwealth no netting area means the No netting (other than bait netting) area within Bowling Green Bay Species Conservation (Dugong Protection) Special Management Area as described in the Commonwealth Regulation , table 47.3. Commonwealth restricted netting area means the Restricted netting area within Bowling Green Bay Species Conservation (Dugong Protection) Special Management Area as described in the Commonwealth Regulation , table 47.4. State restricted netting area means— the Commonwealth restricted netting area; and the area of the marine park worked out by— extending the part of the area described in the Commonwealth Regulation , table 47.4 at the State at low water to the landward boundary of the marine park; and excluding the area mentioned and described in schedule 2 , section 19 .

• (a) the person is permitted to enter or use the area to carry out the netting under part 2 ; and
• (b) the person when carrying out the netting complies with the applicable provisions of the Fisheries Declaration 2019 , chapter 2 , part 11 .
• (a) no netting, other than bait netting within the meaning of the Commonwealth Regulation , may be carried out in the Commonwealth no netting area; and
• (b) the use of a mesh net in the State restricted netting area must comply with the Commonwealth Regulation , regulation 47.
• (a) the Commonwealth restricted netting area; and
• (a) the area of the marine park worked out by— (i) extending the part of the area described in the Commonwealth Regulation , table 47.4 at the State at low water to the landward boundary of the marine park; and (ii) excluding the area mentioned and described in schedule 2 , section 19 .
• (i) extending the part of the area described in the Commonwealth Regulation , table 47.4 at the State at low water to the landward boundary of the marine park; and
• (ii) excluding the area mentioned and described in schedule 2 , section 19 .
• (i) extending the part of the area described in the Commonwealth Regulation , table 47.4 at the State at low water to the landward boundary of the marine park; and
• (ii) excluding the area mentioned and described in schedule 2 , section 19 .

Restricted access special management areas

sec.57 Restricted access special management areas

An area of the marine park mentioned and described in schedule 8 , part 5 , is a restricted access special management area. A restricted access special management area may be the whole or part of 1 or more zones. (sec.57-ssec.1) An area of the marine park mentioned and described in schedule 8 , part 5 , is a restricted access special management area. (sec.57-ssec.2) A restricted access special management area may be the whole or part of 1 or more zones.

sec.58 Objective

The objective for each restricted access area is to restrict access to, or the use of, the area for conservation purposes or for managing activities carried out in the area, including, for example, restrictions for the following— the conservation of wildlife; the conservation of cultural or natural resources; ensuring public safety; providing for restrictions consistent with any other Act.

• (a) the conservation of wildlife;
• (b) the conservation of cultural or natural resources;
• (c) ensuring public safety;
• (d) providing for restrictions consistent with any other Act.

sec.59 Special management provision—general

This section is subject to sections 60 and 61 . A provision of part 2 that authorises a person to enter or use an area of the marine park without permission does not apply to a restricted access special management area. However, the chief executive may grant a person a permission to enter or use an area of the marine park within a restricted access special management area for a purpose mentioned in a provision mentioned in subsection (2) . A permission, other than a permission mentioned in subsection (3) , granted by the chief executive to enter or use an area of the marine park that is within a restricted access special management area does not authorise the holder of the permission to enter the restricted access special management area. However, the holder may apply to the chief executive for an additional permission to enter the restricted access special management area. (sec.59-ssec.1) This section is subject to sections 60 and 61 . (sec.59-ssec.2) A provision of part 2 that authorises a person to enter or use an area of the marine park without permission does not apply to a restricted access special management area. (sec.59-ssec.3) However, the chief executive may grant a person a permission to enter or use an area of the marine park within a restricted access special management area for a purpose mentioned in a provision mentioned in subsection (2) . (sec.59-ssec.4) A permission, other than a permission mentioned in subsection (3) , granted by the chief executive to enter or use an area of the marine park that is within a restricted access special management area does not authorise the holder of the permission to enter the restricted access special management area. (sec.59-ssec.5) However, the holder may apply to the chief executive for an additional permission to enter the restricted access special management area.

sec.60 Special management provision—Australian Institute of Marine Science restricted access special management areas

Despite section 59 , the Australian Institute of Marine Science, or a person acting for the Institute, may enter or use the Australian Institute of Marine Science restricted access special management area for an activity— that is associated with the operation of the research facility that— is operated by the Institute for carrying out its functions under the Australian Institute of Marine Science Act 1972 (Cwlth) ; and See the Australian Institute of Marine Science Act 1972 (Cwlth) , section 9 (Functions of Institute). is located adjacent to the area; and for which the Institute has permission or does not, under part 2 , require permission. In this section— Australian Institute of Marine Science means the institute continued in existence under the Australian Institute of Marine Science Act 1972 (Cwlth) , section 7 . Australian Institute of Marine Science restricted access special management area means the area that is the combined area of the following— the area of the marine park within the Commonwealth Australian Institute of Marine Science restricted access special management area; the area of the marine park worked out by extending the part of the Commonwealth Australian Institute of Marine Science restricted access special management area at the State at low water to the landward boundary of the marine park. Commonwealth Australian Institute of Marine Science restricted access special management area means the area described in the Commonwealth Zoning Plan , schedule 1 , part 5 , item 5.08. Commonwealth Zoning Plan , schedule 1 (Amalgamated Great Barrier Reef Section—descriptions of Zones and Areas), part 5 (Scientific Research Zone), item 5.08 ([SR-19-2008] Australian Institute of Marine Science). See also, the Commonwealth Regulation , table 52 (Restricted Access SMAs), part 4 (Areas described by reference to the Zoning Plan). (sec.60-ssec.1) Despite section 59 , the Australian Institute of Marine Science, or a person acting for the Institute, may enter or use the Australian Institute of Marine Science restricted access special management area for an activity— that is associated with the operation of the research facility that— is operated by the Institute for carrying out its functions under the Australian Institute of Marine Science Act 1972 (Cwlth) ; and See the Australian Institute of Marine Science Act 1972 (Cwlth) , section 9 (Functions of Institute). is located adjacent to the area; and for which the Institute has permission or does not, under part 2 , require permission. (sec.60-ssec.2) In this section— Australian Institute of Marine Science means the institute continued in existence under the Australian Institute of Marine Science Act 1972 (Cwlth) , section 7 . Australian Institute of Marine Science restricted access special management area means the area that is the combined area of the following— the area of the marine park within the Commonwealth Australian Institute of Marine Science restricted access special management area; the area of the marine park worked out by extending the part of the Commonwealth Australian Institute of Marine Science restricted access special management area at the State at low water to the landward boundary of the marine park. Commonwealth Australian Institute of Marine Science restricted access special management area means the area described in the Commonwealth Zoning Plan , schedule 1 , part 5 , item 5.08. Commonwealth Zoning Plan , schedule 1 (Amalgamated Great Barrier Reef Section—descriptions of Zones and Areas), part 5 (Scientific Research Zone), item 5.08 ([SR-19-2008] Australian Institute of Marine Science). See also, the Commonwealth Regulation , table 52 (Restricted Access SMAs), part 4 (Areas described by reference to the Zoning Plan).

• (a) that is associated with the operation of the research facility that— (i) is operated by the Institute for carrying out its functions under the Australian Institute of Marine Science Act 1972 (Cwlth) ; and Note— See the Australian Institute of Marine Science Act 1972 (Cwlth) , section 9 (Functions of Institute). (ii) is located adjacent to the area; and
• (i) is operated by the Institute for carrying out its functions under the Australian Institute of Marine Science Act 1972 (Cwlth) ; and Note— See the Australian Institute of Marine Science Act 1972 (Cwlth) , section 9 (Functions of Institute).
• (ii) is located adjacent to the area; and
• (b) for which the Institute has permission or does not, under part 2 , require permission.
• (i) is operated by the Institute for carrying out its functions under the Australian Institute of Marine Science Act 1972 (Cwlth) ; and Note— See the Australian Institute of Marine Science Act 1972 (Cwlth) , section 9 (Functions of Institute).
• (ii) is located adjacent to the area; and
• (a) the area of the marine park within the Commonwealth Australian Institute of Marine Science restricted access special management area;
• (b) the area of the marine park worked out by extending the part of the Commonwealth Australian Institute of Marine Science restricted access special management area at the State at low water to the landward boundary of the marine park.

sec.61 Special management provision—One Tree Island Reef restricted access special management areas

Despite section 59 , the University of Sydney, or a person acting for the University, may enter or use the One Tree Island Reef restricted access special management area for an activity— that is associated with the operation of the research facility that— is operated by the University for carrying out its object and functions under the University of Sydney Act 1989 (NSW) ; and See the University of Sydney Act 1989 (NSW) , section 6 (Object and functions of University). is located at One Tree Island; and for which the University has permission or does not, under part 2 , require permission. In this section— Commonwealth One Tree Island Reef restricted access special management area means the area described in the Commonwealth Zoning Plan , schedule 1 , part 5 , item 5.10. Commonwealth Zoning Plan , schedule 1 (Amalgamated Great Barrier Reef Section—descriptions of Zones and Areas), part 5 (Scientific Research Zone), item 5.10 ([SR-23-2010] One Tree Island Reef (23-055)). See also, the Commonwealth Regulation , table 52 (Restricted Access SMAs), part 4 (Areas described by reference to the Zoning Plan). One Tree Island Reef restricted access special management area means the area that is the combined area of the following— the area of the marine park within the Commonwealth One Tree Island Reef restricted access special management area; the area of the marine park worked out by extending the part of the Commonwealth One Tree Island Reef restricted access special management area at the State at low water to the landward boundary of the marine park. University of Sydney means the University of Sydney established under the University of Sydney Act 1989 (NSW) , section 4 . (sec.61-ssec.1) Despite section 59 , the University of Sydney, or a person acting for the University, may enter or use the One Tree Island Reef restricted access special management area for an activity— that is associated with the operation of the research facility that— is operated by the University for carrying out its object and functions under the University of Sydney Act 1989 (NSW) ; and See the University of Sydney Act 1989 (NSW) , section 6 (Object and functions of University). is located at One Tree Island; and for which the University has permission or does not, under part 2 , require permission. (sec.61-ssec.2) In this section— Commonwealth One Tree Island Reef restricted access special management area means the area described in the Commonwealth Zoning Plan , schedule 1 , part 5 , item 5.10. Commonwealth Zoning Plan , schedule 1 (Amalgamated Great Barrier Reef Section—descriptions of Zones and Areas), part 5 (Scientific Research Zone), item 5.10 ([SR-23-2010] One Tree Island Reef (23-055)). See also, the Commonwealth Regulation , table 52 (Restricted Access SMAs), part 4 (Areas described by reference to the Zoning Plan). One Tree Island Reef restricted access special management area means the area that is the combined area of the following— the area of the marine park within the Commonwealth One Tree Island Reef restricted access special management area; the area of the marine park worked out by extending the part of the Commonwealth One Tree Island Reef restricted access special management area at the State at low water to the landward boundary of the marine park. University of Sydney means the University of Sydney established under the University of Sydney Act 1989 (NSW) , section 4 .

• (a) that is associated with the operation of the research facility that— (i) is operated by the University for carrying out its object and functions under the University of Sydney Act 1989 (NSW) ; and Note— See the University of Sydney Act 1989 (NSW) , section 6 (Object and functions of University). (ii) is located at One Tree Island; and
• (i) is operated by the University for carrying out its object and functions under the University of Sydney Act 1989 (NSW) ; and Note— See the University of Sydney Act 1989 (NSW) , section 6 (Object and functions of University).
• (ii) is located at One Tree Island; and
• (b) for which the University has permission or does not, under part 2 , require permission.
• (i) is operated by the University for carrying out its object and functions under the University of Sydney Act 1989 (NSW) ; and Note— See the University of Sydney Act 1989 (NSW) , section 6 (Object and functions of University).
• (ii) is located at One Tree Island; and
• (a) the area of the marine park within the Commonwealth One Tree Island Reef restricted access special management area;
• (b) the area of the marine park worked out by extending the part of the Commonwealth One Tree Island Reef restricted access special management area at the State at low water to the landward boundary of the marine park.

Public appreciation special management areas

sec.62 Public appreciation special management areas

An area of the marine park mentioned and described in schedule 8 , part 6 , is a public appreciation special management area. A public appreciation special management area may be the whole or part of 1 or more zones. (sec.62-ssec.1) An area of the marine park mentioned and described in schedule 8 , part 6 , is a public appreciation special management area. (sec.62-ssec.2) A public appreciation special management area may be the whole or part of 1 or more zones.

sec.63 Objective

The objective for each public appreciation special management area is to restrict access to, or the use of, the area to provide opportunities for the appreciation of the areas by the public.

sec.64 Special management provision

Despite part 2 , a person may not enter or use, without permission, an area of a public appreciation special management area for an unauthorised purpose. Subsection (1) does not apply to the following— a person entering or using the Fitzroy Island Reef public appreciation special management area for conducting an aquaculture operation; a person entering or using a part of the Whitsundays public appreciation special management area that is not within the conservation park zone. Also, despite part 2 , the chief executive must not grant a permission to a person for an area of a public appreciation special management area for an unauthorised purpose. Subsection (3) does not apply to the grant of the following— a permission to enter or use the Fitzroy Island Reef public appreciation special management area for conducting an aquaculture operation; a permission to enter or use a part of the Whitsundays public appreciation special management area that is not within the conservation park zone. In this section— Commonwealth Fitzroy Island Reef public appreciation special management area means the area described in the Commonwealth Regulation , table 57, part 1 . Commonwealth Whitsundays public appreciation special management area means the area described in the Commonwealth Regulation , table 57, part 4 . Fitzroy Island Reef public appreciation special management area means the area that is the combined area of the following— the area of the marine park within the Commonwealth Fitzroy Island Reef public appreciation special management area; the area of the marine park worked out by extending the part of the Commonwealth Fitzroy Island Reef public appreciation special management area that is at the State at low water to the landward boundary of the marine park. unauthorised purpose means each of the following— limited spearfishing; conducting a harvest fishery; conducting an aquaculture operation. Whitsundays public appreciation special management area means the area that is the combined area of the following— the area of the marine park within the Commonwealth Whitsundays public appreciation special management area; the area of the marine park worked out by extending the part of the Commonwealth Whitsundays public appreciation special management area that is at the State at low water to the landward boundary of the marine park. s 64 amd 2005 SL No. 12 s 7 (sec.64-ssec.1) Despite part 2 , a person may not enter or use, without permission, an area of a public appreciation special management area for an unauthorised purpose. (sec.64-ssec.2) Subsection (1) does not apply to the following— a person entering or using the Fitzroy Island Reef public appreciation special management area for conducting an aquaculture operation; a person entering or using a part of the Whitsundays public appreciation special management area that is not within the conservation park zone. (sec.64-ssec.3) Also, despite part 2 , the chief executive must not grant a permission to a person for an area of a public appreciation special management area for an unauthorised purpose. (sec.64-ssec.4) Subsection (3) does not apply to the grant of the following— a permission to enter or use the Fitzroy Island Reef public appreciation special management area for conducting an aquaculture operation; a permission to enter or use a part of the Whitsundays public appreciation special management area that is not within the conservation park zone. (sec.64-ssec.5) In this section— Commonwealth Fitzroy Island Reef public appreciation special management area means the area described in the Commonwealth Regulation , table 57, part 1 . Commonwealth Whitsundays public appreciation special management area means the area described in the Commonwealth Regulation , table 57, part 4 . Fitzroy Island Reef public appreciation special management area means the area that is the combined area of the following— the area of the marine park within the Commonwealth Fitzroy Island Reef public appreciation special management area; the area of the marine park worked out by extending the part of the Commonwealth Fitzroy Island Reef public appreciation special management area that is at the State at low water to the landward boundary of the marine park. unauthorised purpose means each of the following— limited spearfishing; conducting a harvest fishery; conducting an aquaculture operation. Whitsundays public appreciation special management area means the area that is the combined area of the following— the area of the marine park within the Commonwealth Whitsundays public appreciation special management area; the area of the marine park worked out by extending the part of the Commonwealth Whitsundays public appreciation special management area that is at the State at low water to the landward boundary of the marine park.

• (a) a person entering or using the Fitzroy Island Reef public appreciation special management area for conducting an aquaculture operation;
• (b) a person entering or using a part of the Whitsundays public appreciation special management area that is not within the conservation park zone.
• (a) a permission to enter or use the Fitzroy Island Reef public appreciation special management area for conducting an aquaculture operation;
• (b) a permission to enter or use a part of the Whitsundays public appreciation special management area that is not within the conservation park zone.
• (a) the area of the marine park within the Commonwealth Fitzroy Island Reef public appreciation special management area;
• (b) the area of the marine park worked out by extending the part of the Commonwealth Fitzroy Island Reef public appreciation special management area that is at the State at low water to the landward boundary of the marine park.
• (a) limited spearfishing;
• (b) conducting a harvest fishery;
• (c) conducting an aquaculture operation.
• (a) the area of the marine park within the Commonwealth Whitsundays public appreciation special management area;
• (b) the area of the marine park worked out by extending the part of the Commonwealth Whitsundays public appreciation special management area that is at the State at low water to the landward boundary of the marine park.

No dories detached (marine national park zone) special management areas

sec.65 No dories detached (marine national park zone) special management areas

Each area of the marine park within the area mentioned in schedule 8 , part 7 , is a no dories detached (marine national park zone) special management area.

sec.66 Objective

The objective for each no dories detached (marine national park zone) special management area is to restrict access to, or the use of, the area for the conservation of natural resources.

sec.67 Special management provision

Despite part 2 , a person may bring a dory into a no dories detached (marine national park zone) special management area only if the dory is attached to the relevant primary boat for the dory at all times while the dory is in the area. Subsection (1) does not apply for a time when the dory is being used— to save the life of, or to avoid injury to, an individual; or to locate, or to secure the safety of, an aircraft, vessel or structure to prevent or minimise damage to the environment or to the aircraft, vessel or structure; or to move a person from land to the relevant primary boat for the dory, or from the relevant primary boat to land, if— the journey is direct; and the relevant primary boat remains within 1n mile of the dory and the land; or in the Night Island area if the dory remains within 500m of a fishing industry service vessel for which a permission is in force; or to navigate to an area outside the special management area if— the journey is direct; and any equipment, on the dory, that is normally used for fishing or collecting is stowed or secured when the dory is in the special management area; and the dory remains within 1n mile of land while it is in the special management area. In this section— Commonwealth Night Island area means the area described in the Commonwealth Zoning Plan , schedule 1 , part 6 , item 6.15. Night Island area means the area that is the combined area of the following— the area of the marine park that is within the Commonwealth Night Island area; the area of the marine park that is worked out by extending the part of the Commonwealth Night Island area that is at the State at low water to the landward boundary of the marine park. s 67 amd 2005 SL No. 12 s 8 ; 2007 SL No. 108 s 4 (sec.67-ssec.1) Despite part 2 , a person may bring a dory into a no dories detached (marine national park zone) special management area only if the dory is attached to the relevant primary boat for the dory at all times while the dory is in the area. (sec.67-ssec.2) Subsection (1) does not apply for a time when the dory is being used— to save the life of, or to avoid injury to, an individual; or to locate, or to secure the safety of, an aircraft, vessel or structure to prevent or minimise damage to the environment or to the aircraft, vessel or structure; or to move a person from land to the relevant primary boat for the dory, or from the relevant primary boat to land, if— the journey is direct; and the relevant primary boat remains within 1n mile of the dory and the land; or in the Night Island area if the dory remains within 500m of a fishing industry service vessel for which a permission is in force; or to navigate to an area outside the special management area if— the journey is direct; and any equipment, on the dory, that is normally used for fishing or collecting is stowed or secured when the dory is in the special management area; and the dory remains within 1n mile of land while it is in the special management area. (sec.67-ssec.3) In this section— Commonwealth Night Island area means the area described in the Commonwealth Zoning Plan , schedule 1 , part 6 , item 6.15. Night Island area means the area that is the combined area of the following— the area of the marine park that is within the Commonwealth Night Island area; the area of the marine park that is worked out by extending the part of the Commonwealth Night Island area that is at the State at low water to the landward boundary of the marine park.

• (a) to save the life of, or to avoid injury to, an individual; or
• (b) to locate, or to secure the safety of, an aircraft, vessel or structure to prevent or minimise damage to the environment or to the aircraft, vessel or structure; or
• (c) to move a person from land to the relevant primary boat for the dory, or from the relevant primary boat to land, if— (i) the journey is direct; and (ii) the relevant primary boat remains within 1n mile of the dory and the land; or
• (i) the journey is direct; and
• (ii) the relevant primary boat remains within 1n mile of the dory and the land; or
• (d) in the Night Island area if the dory remains within 500m of a fishing industry service vessel for which a permission is in force; or
• (e) to navigate to an area outside the special management area if— (i) the journey is direct; and (ii) any equipment, on the dory, that is normally used for fishing or collecting is stowed or secured when the dory is in the special management area; and (iii) the dory remains within 1n mile of land while it is in the special management area.
• (i) the journey is direct; and
• (ii) any equipment, on the dory, that is normally used for fishing or collecting is stowed or secured when the dory is in the special management area; and
• (iii) the dory remains within 1n mile of land while it is in the special management area.
• (i) the journey is direct; and
• (ii) the relevant primary boat remains within 1n mile of the dory and the land; or
• (i) the journey is direct; and
• (ii) any equipment, on the dory, that is normally used for fishing or collecting is stowed or secured when the dory is in the special management area; and
• (iii) the dory remains within 1n mile of land while it is in the special management area.
• (a) the area of the marine park that is within the Commonwealth Night Island area;
• (b) the area of the marine park that is worked out by extending the part of the Commonwealth Night Island area that is at the State at low water to the landward boundary of the marine park.

One dory detached (conservation park zone) special management areas

sec.68 One dory detached (conservation park zone) special management areas

Each area of the marine park within the area mentioned in schedule 8 , part 8 , is a one dory detached (conservation park zone) special management area.

sec.69 Objective

The objective for each one dory detached (conservation park zone) special management area is to restrict access to, or the use of, the area for the conservation of natural resources.

sec.70 Special management provision

This section is subject to division 14 . Despite part 2 , a person may use a primary commercial fishing boat in a one dory detached (conservation park zone) special management area only if not more than 1 dory is detached from the boat at any time while the boat is in the area. (sec.70-ssec.1) This section is subject to division 14 . (sec.70-ssec.2) Despite part 2 , a person may use a primary commercial fishing boat in a one dory detached (conservation park zone) special management area only if not more than 1 dory is detached from the boat at any time while the boat is in the area.

One dory detached (buffer zone) special management areas

sec.71 One dory detached (buffer zone) special management areas

Each area of the marine park within the area mentioned in schedule 8 , part 9 , is a one dory detached (buffer zone) special management areas.

sec.72 Objective

The objective for each one dory detached (buffer zone) special management area is to restrict access to, or the use of, the area for the conservation of natural resources.

sec.73 Special management provision

Despite part 2 , a person may use a primary commercial fishing boat in a one dory detached (buffer zone) special management area only if not more than 1 dory is detached from the boat at any time while the boat is in the area.

Section sec.74

s 74 exp 30 November 2005 (see s 78)

Section sec.75

s 75 exp 30 November 2005 (see s 78)

Section sec.76

s 76 exp 30 November 2005 (see s 78)

Section sec.77

s 77 exp 5 March 2005 (see s 77(3))

Section sec.78

s 78 exp 30 November 2005 (see s 78)

Seasonal closure areas

sec.79 Seasonal closure areas

An area of the marine park mentioned and described in schedule 8 , part 11 , is a seasonal closure area. A seasonal closure area may be the whole or part of 1 or more zones. The boundary of an area described in schedule 8 , part 11 , by reference to a beach changes as the tide changes. (sec.79-ssec.1) An area of the marine park mentioned and described in schedule 8 , part 11 , is a seasonal closure area. (sec.79-ssec.2) A seasonal closure area may be the whole or part of 1 or more zones. (sec.79-ssec.3) The boundary of an area described in schedule 8 , part 11 , by reference to a beach changes as the tide changes.

sec.80 Objective

The objective for each seasonal closure area is to protect areas of the marine park that are important to particular animals within the marine park from human intrusion during particular periods, not exceeding 6 months, in a year.

sec.81 Special management provision

Despite part 2 , a person may enter or use a seasonal closure area during the closed period for the area without permission only for the following purposes— to operate aircraft at an altitude of not less than 500ft above the ground or water; to navigate a vessel to an island if— the person is authorised to enter the island under an Act; and any equipment normally used for fishing or collecting on board the vessel is stowed or secured. Also, despite part 2 , the chief executive may grant a permission to a person for a seasonal closure area that applies during the closed period only for— scientific research that can not be carried out at a place not within the area; or a purpose that is consistent with the objective for— seasonal closure areas; and the zone within which the area is located. In this section— closed period , for a seasonal closure area, means— for a seasonal closure area mentioned in schedule 9 —the period stated in schedule 9 opposite the area; or for another seasonal closure area—the period of closure decided by the chief executive for the area and— stated in a public notice; and published on the department’s website on the internet. s 81 amd 2006 SL No. 224 s 13 (sec.81-ssec.1) Despite part 2 , a person may enter or use a seasonal closure area during the closed period for the area without permission only for the following purposes— to operate aircraft at an altitude of not less than 500ft above the ground or water; to navigate a vessel to an island if— the person is authorised to enter the island under an Act; and any equipment normally used for fishing or collecting on board the vessel is stowed or secured. (sec.81-ssec.2) Also, despite part 2 , the chief executive may grant a permission to a person for a seasonal closure area that applies during the closed period only for— scientific research that can not be carried out at a place not within the area; or a purpose that is consistent with the objective for— seasonal closure areas; and the zone within which the area is located. (sec.81-ssec.3) In this section— closed period , for a seasonal closure area, means— for a seasonal closure area mentioned in schedule 9 —the period stated in schedule 9 opposite the area; or for another seasonal closure area—the period of closure decided by the chief executive for the area and— stated in a public notice; and published on the department’s website on the internet.

• (a) to operate aircraft at an altitude of not less than 500ft above the ground or water;
• (b) to navigate a vessel to an island if— (i) the person is authorised to enter the island under an Act; and (ii) any equipment normally used for fishing or collecting on board the vessel is stowed or secured.
• (i) the person is authorised to enter the island under an Act; and
• (ii) any equipment normally used for fishing or collecting on board the vessel is stowed or secured.
• (i) the person is authorised to enter the island under an Act; and
• (ii) any equipment normally used for fishing or collecting on board the vessel is stowed or secured.
• (a) scientific research that can not be carried out at a place not within the area; or
• (b) a purpose that is consistent with the objective for— (i) seasonal closure areas; and (ii) the zone within which the area is located.
• (i) seasonal closure areas; and
• (ii) the zone within which the area is located.
• (i) seasonal closure areas; and
• (ii) the zone within which the area is located.
• (a) for a seasonal closure area mentioned in schedule 9 —the period stated in schedule 9 opposite the area; or
• (b) for another seasonal closure area—the period of closure decided by the chief executive for the area and— (i) stated in a public notice; and (ii) published on the department’s website on the internet.
• (i) stated in a public notice; and
• (ii) published on the department’s website on the internet.
• (i) stated in a public notice; and
• (ii) published on the department’s website on the internet.

Michaelmas Cay restricted access area

sec.82 Michaelmas Cay restricted access area

The area of the marine park mentioned and described in schedule 8 , part 12 , is the Michaelmas Cay restricted access area. The Michaelmas Cay restricted access area is within the marine national park zone. (sec.82-ssec.1) The area of the marine park mentioned and described in schedule 8 , part 12 , is the Michaelmas Cay restricted access area. (sec.82-ssec.2) The Michaelmas Cay restricted access area is within the marine national park zone.

sec.83 Objective

The objective for the Michaelmas Cay restricted access area is to protect particular animals within the area from human intrusion.

sec.84 Accessible area for Michaelmas Cay restricted access area

The chief executive may identify an accessible area for the Michaelmas Cay restricted access area by placing a rope on the beach adjoining Michaelmas Cay in a way that ensures— a part of the rope runs along the beach; and the ends of the rope point seaward. The accessible area must be worked out by extending the ends of the rope mentioned in subsection (1) to low water. The accessible area is the area formed by the following lines— the line made by the part of the rope that runs along the beach; the lines that run along the ends of the rope and extend the ends to low water; the line that runs along low water between the lines mentioned in paragraph (b) . (sec.84-ssec.1) The chief executive may identify an accessible area for the Michaelmas Cay restricted access area by placing a rope on the beach adjoining Michaelmas Cay in a way that ensures— a part of the rope runs along the beach; and the ends of the rope point seaward. (sec.84-ssec.2) The accessible area must be worked out by extending the ends of the rope mentioned in subsection (1) to low water. (sec.84-ssec.3) The accessible area is the area formed by the following lines— the line made by the part of the rope that runs along the beach; the lines that run along the ends of the rope and extend the ends to low water; the line that runs along low water between the lines mentioned in paragraph (b) .

• (a) a part of the rope runs along the beach; and
• (b) the ends of the rope point seaward.
• (a) the line made by the part of the rope that runs along the beach;
• (b) the lines that run along the ends of the rope and extend the ends to low water;
• (c) the line that runs along low water between the lines mentioned in paragraph (b) .

sec.85 Special management provision

Despite part 2 , a person may enter or use only the part of the Michaelmas Cay restricted access area that is within the accessible area for the restricted access area. Also, despite part 2 , a person may enter or use the accessible area without permission— only for a purpose or activity— for which a person may enter or use the marine national park zone without permission; and that does not involve disturbing a bird in the area; and only between 9.30a.m. and 3p.m. on the same day. flying a kite or using a beach umbrella or horn Also, despite part 2 , the chief executive may grant a permission to a person for an area within the Michaelmas Cay restricted access area only for scientific research relating to the conservation of the area. (sec.85-ssec.1) Despite part 2 , a person may enter or use only the part of the Michaelmas Cay restricted access area that is within the accessible area for the restricted access area. (sec.85-ssec.2) Also, despite part 2 , a person may enter or use the accessible area without permission— only for a purpose or activity— for which a person may enter or use the marine national park zone without permission; and that does not involve disturbing a bird in the area; and only between 9.30a.m. and 3p.m. on the same day. flying a kite or using a beach umbrella or horn (sec.85-ssec.3) Also, despite part 2 , the chief executive may grant a permission to a person for an area within the Michaelmas Cay restricted access area only for scientific research relating to the conservation of the area.

• (a) only for a purpose or activity— (i) for which a person may enter or use the marine national park zone without permission; and (ii) that does not involve disturbing a bird in the area; and
• (i) for which a person may enter or use the marine national park zone without permission; and
• (ii) that does not involve disturbing a bird in the area; and
• (b) only between 9.30a.m. and 3p.m. on the same day. Examples of activities that involve disturbing birds— flying a kite or using a beach umbrella or horn
• (i) for which a person may enter or use the marine national park zone without permission; and
• (ii) that does not involve disturbing a bird in the area; and

Commercial crab fishery areas

sec.86 Commercial crab fishery area

Each area of the marine park mentioned and described in schedule 8 , part 13 , is a commercial crab fishery area. A commercial crab fishery may be the whole or part of 1 or more zones. (sec.86-ssec.1) Each area of the marine park mentioned and described in schedule 8 , part 13 , is a commercial crab fishery area. (sec.86-ssec.2) A commercial crab fishery may be the whole or part of 1 or more zones.

sec.87 Objective

The objective for each commercial crab fishery area is to allow commercial crab fishing in the area.

sec.88 Special management provision

Despite part 2 , a person may enter or use a commercial crab fishery area without permission for taking crabs, other than spanner crabs, if— the person holds a commercial fisher licence with the fishery symbol ‘C1’ written on it; and the person complies with the Fisheries Act 1994 . See, in particular, the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 7 , part 1 . Also, despite division 9 , the person may detach, within the area, more than 1 dory from a primary commercial fishing boat for taking crabs under subsection (2) . In this section— commercial fisher licence means a commercial fisher licence issued under the Fisheries Act 1994 . s 88 amd 2019 SL No. 71 s 59 sch 1 ; 2019 SL No. 179 s 152 sch 12 (sec.88-ssec.1) Despite part 2 , a person may enter or use a commercial crab fishery area without permission for taking crabs, other than spanner crabs, if— the person holds a commercial fisher licence with the fishery symbol ‘C1’ written on it; and the person complies with the Fisheries Act 1994 . See, in particular, the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 7 , part 1 . (sec.88-ssec.2) Also, despite division 9 , the person may detach, within the area, more than 1 dory from a primary commercial fishing boat for taking crabs under subsection (2) . (sec.88-ssec.3) In this section— commercial fisher licence means a commercial fisher licence issued under the Fisheries Act 1994 .

• (a) the person holds a commercial fisher licence with the fishery symbol ‘C1’ written on it; and
• (b) the person complies with the Fisheries Act 1994 . Note— See, in particular, the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 7 , part 1 .

Section sec.89

s 89 om 2006 SL No. 224 s 14

Additional purposes for entry or use

sec.90 Entry or use without permission after notification

A person may enter or use an area within the marine park for a purpose mentioned in the Commonwealth Zoning Plan , section 5 .2, paragraph (a) , (b) , (c) , (d) , (e) , (f) or (g) . However, a person intending to enter or use an area within the marine park for a purpose mentioned in subsection (1) must give the chief executive a notice stating the person intends to enter or use the area for the purpose. The chief executive may, upon receiving the notice, impose conditions on the entry or use. See section 45 of the Act and section 138 of the Regulation for offences relating to a person entering or using a marine park for a purpose for which a notice must be given to the chief executive. To remove doubt, a person using or entering an area within the marine park under subsection (1) is not required to notify the Marine Park Authority of the entering or use. s 90 amd 2006 SL No. 224 s 15 ; 2017 SL No. 154 s 199 sch 7 (sec.90-ssec.1) A person may enter or use an area within the marine park for a purpose mentioned in the Commonwealth Zoning Plan , section 5 .2, paragraph (a) , (b) , (c) , (d) , (e) , (f) or (g) . (sec.90-ssec.2) However, a person intending to enter or use an area within the marine park for a purpose mentioned in subsection (1) must give the chief executive a notice stating the person intends to enter or use the area for the purpose. (sec.90-ssec.3) The chief executive may, upon receiving the notice, impose conditions on the entry or use. See section 45 of the Act and section 138 of the Regulation for offences relating to a person entering or using a marine park for a purpose for which a notice must be given to the chief executive. (sec.90-ssec.4) To remove doubt, a person using or entering an area within the marine park under subsection (1) is not required to notify the Marine Park Authority of the entering or use.

sec.91 Entry or use for non-conforming use with permission

The chief executive may grant a permission to a person for an area within the marine park mentioned in schedule 10 , column 1, for a purpose mentioned, in schedule 10 , column 2, opposite the area. However, the permission must be subject to the conditions mentioned, in schedule 10 , column 3, opposite the area. Subsection (2) does not limit the conditions to which the permission may be subject. (sec.91-ssec.1) The chief executive may grant a permission to a person for an area within the marine park mentioned in schedule 10 , column 1, for a purpose mentioned, in schedule 10 , column 2, opposite the area. (sec.91-ssec.2) However, the permission must be subject to the conditions mentioned, in schedule 10 , column 3, opposite the area. (sec.91-ssec.3) Subsection (2) does not limit the conditions to which the permission may be subject.

Section sec.92

s 92 om 2006 SL No. 224 s 17

Section sec.93

s 93 om 2006 SL No. 224 s 17

Section sec.94

s 94 om 2006 SL No. 224 s 17

Section sec.95

s 95 om 2006 SL No. 224 s 17

Provisions about accredited traditional use of marine resources agreements

Accreditation of traditional use of marine resources agreement

sec.96 Chief executive may accredit traditional use of marine resources agreement

The chief executive may accredit a traditional use of marine resources agreement for this plan.

sec.97 Giving notice under this division

This section applies if the chief executive is required to give a notice under this division to— the applicant for accreditation of a traditional use of marine resources agreement; or the holder of an accredited traditional use of marine resources agreement. The chief executive complies with the requirement if the chief executive gives the notice to the person stated in the application for the accreditation of the agreement as the person to whom correspondence may be sent on behalf of the traditional owner group in whose name the application is made. (sec.97-ssec.1) This section applies if the chief executive is required to give a notice under this division to— the applicant for accreditation of a traditional use of marine resources agreement; or the holder of an accredited traditional use of marine resources agreement. (sec.97-ssec.2) The chief executive complies with the requirement if the chief executive gives the notice to the person stated in the application for the accreditation of the agreement as the person to whom correspondence may be sent on behalf of the traditional owner group in whose name the application is made.

• (a) the applicant for accreditation of a traditional use of marine resources agreement; or
• (b) the holder of an accredited traditional use of marine resources agreement.

sec.98 Application for grant of accreditations

A person may apply to the chief executive to accredit a traditional use of marine resources agreement. The application must— be in writing; and include the following information— the names of all of the members of the traditional owner group in whose name the application is made; the name and address of a person to whom correspondence may be sent on behalf of the traditional owner group; and be accompanied by— a copy of the agreement; and written confirmation, by a relevant representative Aboriginal/Torres Strait Islander body, that each member of the traditional owner group in whose name the application is made is a traditional owner for the part of the marine park in relation to which the agreement is to operate. (sec.98-ssec.1) A person may apply to the chief executive to accredit a traditional use of marine resources agreement. (sec.98-ssec.2) The application must— be in writing; and include the following information— the names of all of the members of the traditional owner group in whose name the application is made; the name and address of a person to whom correspondence may be sent on behalf of the traditional owner group; and be accompanied by— a copy of the agreement; and written confirmation, by a relevant representative Aboriginal/Torres Strait Islander body, that each member of the traditional owner group in whose name the application is made is a traditional owner for the part of the marine park in relation to which the agreement is to operate.

• (a) be in writing; and
• (b) include the following information— (i) the names of all of the members of the traditional owner group in whose name the application is made; (ii) the name and address of a person to whom correspondence may be sent on behalf of the traditional owner group; and
• (i) the names of all of the members of the traditional owner group in whose name the application is made;
• (ii) the name and address of a person to whom correspondence may be sent on behalf of the traditional owner group; and
• (c) be accompanied by— (i) a copy of the agreement; and (ii) written confirmation, by a relevant representative Aboriginal/Torres Strait Islander body, that each member of the traditional owner group in whose name the application is made is a traditional owner for the part of the marine park in relation to which the agreement is to operate.
• (i) a copy of the agreement; and
• (ii) written confirmation, by a relevant representative Aboriginal/Torres Strait Islander body, that each member of the traditional owner group in whose name the application is made is a traditional owner for the part of the marine park in relation to which the agreement is to operate.
• (i) the names of all of the members of the traditional owner group in whose name the application is made;
• (ii) the name and address of a person to whom correspondence may be sent on behalf of the traditional owner group; and
• (i) a copy of the agreement; and
• (ii) written confirmation, by a relevant representative Aboriginal/Torres Strait Islander body, that each member of the traditional owner group in whose name the application is made is a traditional owner for the part of the marine park in relation to which the agreement is to operate.

sec.99 Requirements for considering application

In considering an application for accreditation of a traditional use of marine resources agreement, the chief executive must have regard to the following— the terms of the agreement; the objectives of the zone or zones within which the proposed traditional use of marine resources is proposed to be undertaken; the likely effect of accreditation of the agreement on future options for the marine park; the nature and scale of the proposed traditional use of marine resources; the conservation of the natural resources of the marine park, including, in particular— the need for conservation of protected species in the marine park; and the capability of the relevant population of a protected species to sustain harvesting; any other requirements for ensuring the orderly and proper management of the marine park; the need to protect the cultural resources held in relation to the marine park by traditional owners and other people; the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment and the likely effects of that use on adjoining and adjacent areas; any existing agreements or arrangements between the chief executive and the traditional owners who prepared the agreement; any legislation or government policy that applies to the proposed traditional use of marine resources; any other relevant matters, including, for example, any action necessary to avoid, remedy or minimise unacceptable environmental impact.

• (a) the terms of the agreement;
• (b) the objectives of the zone or zones within which the proposed traditional use of marine resources is proposed to be undertaken;
• (c) the likely effect of accreditation of the agreement on future options for the marine park;
• (d) the nature and scale of the proposed traditional use of marine resources;
• (e) the conservation of the natural resources of the marine park, including, in particular— (i) the need for conservation of protected species in the marine park; and (ii) the capability of the relevant population of a protected species to sustain harvesting;
• (i) the need for conservation of protected species in the marine park; and
• (ii) the capability of the relevant population of a protected species to sustain harvesting;
• (f) any other requirements for ensuring the orderly and proper management of the marine park;
• (g) the need to protect the cultural resources held in relation to the marine park by traditional owners and other people;
• (h) the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment and the likely effects of that use on adjoining and adjacent areas;
• (i) any existing agreements or arrangements between the chief executive and the traditional owners who prepared the agreement;
• (j) any legislation or government policy that applies to the proposed traditional use of marine resources;
• (k) any other relevant matters, including, for example, any action necessary to avoid, remedy or minimise unacceptable environmental impact.
• (i) the need for conservation of protected species in the marine park; and
• (ii) the capability of the relevant population of a protected species to sustain harvesting;

sec.100 Additional information for applications

The chief executive may, by written notice, ask the applicant to give the chief executive further reasonable information or documents about the application by the reasonable date stated in the notice. The chief executive may refuse the application if the applicant does not, without reasonable excuse, give the chief executive the further information or documents by the stated day. If the chief executive agrees, the applicant may amend the application before the chief executive has finished considering it. (sec.100-ssec.1) The chief executive may, by written notice, ask the applicant to give the chief executive further reasonable information or documents about the application by the reasonable date stated in the notice. (sec.100-ssec.2) The chief executive may refuse the application if the applicant does not, without reasonable excuse, give the chief executive the further information or documents by the stated day. (sec.100-ssec.3) If the chief executive agrees, the applicant may amend the application before the chief executive has finished considering it.

sec.101 Chief executive must grant or refuse application

The chief must consider each proper application and either grant or refuse the application. For subsection (1) , an application is a proper application if— it complies with the requirements for an application under section 98 ; and any requests for information made in relation to the application under section 100 have been complied with. (sec.101-ssec.1) The chief must consider each proper application and either grant or refuse the application. (sec.101-ssec.2) For subsection (1) , an application is a proper application if— it complies with the requirements for an application under section 98 ; and any requests for information made in relation to the application under section 100 have been complied with.

• (a) it complies with the requirements for an application under section 98 ; and
• (b) any requests for information made in relation to the application under section 100 have been complied with.

sec.102 Refusal of application

If the chief executive decides to refuse the application, the chief executive must, within 14 days after making the decision, give the applicant a written notice stating the decision and the reasons for it.