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Queensland regulation
**What this plan does (mechanics)
Establishes the zoning system and named special-management areas that apply across the Great Sandy Marine Park. It sets four zone types (general use, habitat protection, conservation park, marine national park) and 11 categories of designated areas with individually described boundaries and rules (see sections 12 and 25; Schedules 1–2).
For each zone and designated area, the plan lists activities you may do without a permission and activities that require a permission (examples: low-impact recreation, various limited forms of fishing can be done without permission in lower‑protection zones; more intensive fishing, aquaculture, tourism operations, research or works generally require a permission) (see sections 14–24 and the matching parts of Part 3). It also specifies duration limits for anchoring and how anchoring is measured (sections 5–6, 14(1)(h), 15(1)(i)).
Creates a parallel process to recognise and regulate traditional Aboriginal/Torres Strait Islander harvesting through accredited traditional use of marine resources agreements. That process sets application requirements, decision criteria, accreditation certificates, conditions, and review / suspension / cancellation procedures (Parts 5, sections 71–92).
Establishes a set of designated areas (e.g. ex‑HMAS Tobruk wreck site, fish‑trap areas, go‑slow zones for turtles, grey nurse shark area, Mon Repos turtle area, no‑anchoring areas, Platypus Bay, seasonal shorebird closures, turtle protection area) each with its own purpose statement and tailored prohibitions, exceptions and penalties (Part 3, sections 25–64; Schedules 2).
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Direct links to the current provisions in Marine Parks (Great Sandy) Zoning Plan 2024.
This zoning plan may be cited as the Marine Parks (Great Sandy) Zoning Plan 2024 . This zoning plan may also be cited as the Great Sandy Marine Park Zoning Plan. (sec.1-ssec.1) This zoning plan may be cited as the Marine Parks (Great Sandy) Zoning Plan 2024 . (sec.1-ssec.2) This zoning plan may also be cited as the Great Sandy Marine Park Zoning Plan.
This plan commences on 21 May 2024.
This plan applies to the Great Sandy Marine Park. The application of this plan to native title holders under the Native Title Act 1993 (Cwlth) may be affected by section 211 of that Act.
The dictionary in schedule 6 defines particular words used in this plan. Subject to subsection (1) , and unless this plan provides otherwise, terms used in this plan have the meaning given under the Marine Parks Regulation 2017 . (sec.4-ssec.1) The dictionary in schedule 6 defines particular words used in this plan. (sec.4-ssec.2) Subject to subsection (1) , and unless this plan provides otherwise, terms used in this plan have the meaning given under the Marine Parks Regulation 2017 .
Anchor , a vessel or an aircraft, includes— secure the vessel or aircraft, in any way, to a thing, other than an approved mooring or lawful structure; and ground the vessel or aircraft; and use an anchor and anchor chain or rope in a way that, if attached to the vessel or aircraft, will limit the movement of the vessel or aircraft. In this section— approved mooring means— a mooring installed by the State or with a permission; or a buoy mooring established under the Transport Operations (Marine Safety) Act 1994 . lawful structure means a structure, other than a mooring, built in compliance with the requirements, under any Act, relating to the structure. (sec.5-ssec.1) Anchor , a vessel or an aircraft, includes— secure the vessel or aircraft, in any way, to a thing, other than an approved mooring or lawful structure; and ground the vessel or aircraft; and use an anchor and anchor chain or rope in a way that, if attached to the vessel or aircraft, will limit the movement of the vessel or aircraft. (sec.5-ssec.2) In this section— approved mooring means— a mooring installed by the State or with a permission; or a buoy mooring established under the Transport Operations (Marine Safety) Act 1994 . lawful structure means a structure, other than a mooring, built in compliance with the requirements, under any Act, relating to the structure.
This section applies if— a person is authorised under this plan to enter or use a zone to anchor a vessel or an aircraft at a place in the zone for a period; and the person anchors the vessel or aircraft at the place. The person is taken to continue to anchor the vessel or aircraft at the place until the vessel or aircraft is moved and anchored at least 1 nautical mile from the place. (sec.6-ssec.1) This section applies if— a person is authorised under this plan to enter or use a zone to anchor a vessel or an aircraft at a place in the zone for a period; and the person anchors the vessel or aircraft at the place. (sec.6-ssec.2) The person is taken to continue to anchor the vessel or aircraft at the place until the vessel or aircraft is moved and anchored at least 1 nautical mile from the place.
In this plan, position is defined by reference to GDA2020. In this section— GDA2020 means the Reference Frame under the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 (Cwlth) as in force on 1 July 2020. (sec.7-ssec.1) In this plan, position is defined by reference to GDA2020. (sec.7-ssec.2) In this section— GDA2020 means the Reference Frame under the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 (Cwlth) as in force on 1 July 2020.
A reference to a particular zone by name is a reference to the zone of that name established under section 12 (1) and each area described in schedule 1 , any of parts 1 to 4 , for the zone.
A reference to a particular designated area by name is a reference to the designated area of that name established under section 25 (1) and each area described in schedule 2 , any of parts 1 to 11 , for the designated area.
A reference to a fish habitat area by name is a reference to the declared fish habitat area of that name, under the Fisheries Act 1994 , as in effect on the commencement. The declared fish habitat areas are mentioned in the Fisheries (General) Regulation 2019 , schedule 3 . See schedule 3 of that regulation as it was in force on the commencement.
This section applies if an authorisation or restriction applying to a person under this part is inconsistent with an authorisation or restriction applying to the person under part 4 or 6 . The authorisation or restriction under part 4 or 6 prevails to the extent of the inconsistency. (sec.11-ssec.1) This section applies if an authorisation or restriction applying to a person under this part is inconsistent with an authorisation or restriction applying to the person under part 4 or 6 . (sec.11-ssec.2) The authorisation or restriction under part 4 or 6 prevails to the extent of the inconsistency.
Each of the following zones is established for the marine park— the general use zone; the habitat protection zone; the conservation park zone; the marine national park zone. The zones are listed in subsection (1) in ascending order of the level of protection given to them under this plan. The parts of the marine park comprising each zone are described in schedule 1 . If 2 or more zones overlap, the area of the overlap is taken to be in the zone with the highest level of protection under this plan. To help users of this plan, an indicative map showing all of the zones is available for inspection on the department’s website. The indicative map is not applied, adopted or incorporated by this plan. (sec.12-ssec.1) Each of the following zones is established for the marine park— the general use zone; the habitat protection zone; the conservation park zone; the marine national park zone. (sec.12-ssec.2) The zones are listed in subsection (1) in ascending order of the level of protection given to them under this plan. (sec.12-ssec.3) The parts of the marine park comprising each zone are described in schedule 1 . (sec.12-ssec.4) If 2 or more zones overlap, the area of the overlap is taken to be in the zone with the highest level of protection under this plan.
The objects to be achieved for the general use zone are the objects stated in the Marine Parks Regulation 2017 , schedule 1 , section 1 .
A person may enter or use the general use zone without a permission for any of the following purposes— to carry out a low impact activity not involving fishing or collecting; to carry out any of the following activities relating to fishing or collecting— bait gathering; crabbing; limited collecting; limited spearfishing; line fishing; netting, including bait netting; trawling; trolling; to carry out fishing or collecting for a relevant accredited harvest fishery in compliance with any requirements applying to the accreditation of the fishery; to carry out a traditional use of marine resources that— includes another activity mentioned in this section; or is carried out under an accredited traditional use of marine resources agreement; to carry out a limited media activity; to carry out limited impact research (extractive) or limited impact research (non-extractive); to conduct a limited educational program; to anchor a vessel or aircraft at a place in the zone for not more than— 14 consecutive days; or 30 days in any period of 60 days; See section 6 (Period for which vessel or aircraft taken to be anchored). to navigate a vessel, other than a managed vessel, or an aircraft, if equipment normally used for an activity relating to fishing or collecting is stowed or secured when the vessel or aircraft is in a part of the zone in which the use of the equipment is not authorised under the Act .
A person may enter or use the general use zone with a permission for any of the following purposes— to carry out an activity relating to fishing or collecting, other than an activity mentioned in section 14 (b) , for— a harvest fishery, other than a relevant accredited harvest fishery; or a developmental fishery program; or the collecting of an animal, plant or other marine resource, other than limited collecting; to carry out a traditional use of marine resources, other than a traditional use of marine resources mentioned in section 14 (d) ; to conduct an aquaculture operation, other than an aquaculture operation involving the addition of feed; to conduct a tourism program; to carry out a media activity, other than a limited media activity; to carry out research, other than research mentioned in section 14 (f) ; to conduct an educational program, other than a limited educational program; to conduct a vessel or aircraft charter operation; to anchor a vessel or aircraft at a place in the zone for more than— 14 consecutive days; or 30 days in any period of 60 days; See section 6 (Period for which vessel or aircraft taken to be anchored). to navigate a managed vessel; to operate a facility for a purpose that is consistent with the objects to be achieved for the zone; to carry out works consistent with the objects to be achieved for the zone; to carry out a program for taking a plant or animal that poses a threat to— human life or safety; or a marine ecosystem in the marine park; or the use or amenity of an area in, or adjacent to, the marine park; to explore for or mine for minerals, if the person is the holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining; to explore for or produce petroleum, if the person— is the holder of a lease, licence or other authority under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 that authorises the exploration or production; or is the holder of a 1923 Act petroleum tenure under the Petroleum Act 1923 that authorises the exploration or production; to carry out geothermal exploration, if the person is the holder of a permit under the Geothermal Energy Act 2010 that authorises the exploration; another purpose, other than a purpose mentioned in section 14 , that is consistent with the objects to be achieved for the zone. Subsection (1) (k) does not apply to operating a facility that is a vessel for a purpose mentioned in section 14 . (sec.15-ssec.1) A person may enter or use the general use zone with a permission for any of the following purposes— to carry out an activity relating to fishing or collecting, other than an activity mentioned in section 14 (b) , for— a harvest fishery, other than a relevant accredited harvest fishery; or a developmental fishery program; or the collecting of an animal, plant or other marine resource, other than limited collecting; to carry out a traditional use of marine resources, other than a traditional use of marine resources mentioned in section 14 (d) ; to conduct an aquaculture operation, other than an aquaculture operation involving the addition of feed; to conduct a tourism program; to carry out a media activity, other than a limited media activity; to carry out research, other than research mentioned in section 14 (f) ; to conduct an educational program, other than a limited educational program; to conduct a vessel or aircraft charter operation; to anchor a vessel or aircraft at a place in the zone for more than— 14 consecutive days; or 30 days in any period of 60 days; See section 6 (Period for which vessel or aircraft taken to be anchored). to navigate a managed vessel; to operate a facility for a purpose that is consistent with the objects to be achieved for the zone; to carry out works consistent with the objects to be achieved for the zone; to carry out a program for taking a plant or animal that poses a threat to— human life or safety; or a marine ecosystem in the marine park; or the use or amenity of an area in, or adjacent to, the marine park; to explore for or mine for minerals, if the person is the holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining; to explore for or produce petroleum, if the person— is the holder of a lease, licence or other authority under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 that authorises the exploration or production; or is the holder of a 1923 Act petroleum tenure under the Petroleum Act 1923 that authorises the exploration or production; to carry out geothermal exploration, if the person is the holder of a permit under the Geothermal Energy Act 2010 that authorises the exploration; another purpose, other than a purpose mentioned in section 14 , that is consistent with the objects to be achieved for the zone. (sec.15-ssec.2) Subsection (1) (k) does not apply to operating a facility that is a vessel for a purpose mentioned in section 14 .
The objects to be achieved for the habitat protection zone are the objects stated in the Marine Parks Regulation 2017 , schedule 1 , section 2 .
A person may enter or use the habitat protection zone without a permission for any of the following purposes— to carry out a low impact activity not involving fishing or collecting; to carry out any of the following activities relating to fishing or collecting— bait gathering; crabbing; limited collecting; limited spearfishing; line fishing; netting, including bait netting; trolling; to carry out fishing or collecting for a relevant accredited harvest fishery in compliance with any requirements applying to the accreditation of the fishery; to carry out a traditional use of marine resources that— includes another activity mentioned in this section; or is carried out under an accredited traditional use of marine resources agreement; to carry out a limited media activity; to carry out limited impact research (extractive) or limited impact research (non-extractive); to conduct a limited educational program; to anchor a vessel or aircraft at a place in the zone for not more than— 14 consecutive days; or 30 days in any period of 60 days; See section 6 (Period for which vessel or aircraft taken to be anchored). to navigate a vessel, other than a ship or managed vessel, or an aircraft, if equipment normally used for an activity relating to fishing or collecting is stowed or secured when the vessel or aircraft is in a part of the zone in which the use of the equipment is not authorised under the Act .
A person may enter or use the habitat protection zone with a permission for any of the following purposes— to carry out an activity relating to fishing or collecting, other than an activity mentioned in section 17 (b) , for— a harvest fishery, other than a relevant accredited harvest fishery; or a developmental fishery program; or the collecting of an animal, plant or other marine resource, other than limited collecting; to carry out a traditional use of marine resources, other than a traditional use of marine resources mentioned in section 17 (d) ; to conduct an aquaculture operation, other than an aquaculture operation involving the addition of feed: to conduct a tourism program; to carry out a media activity, other than a limited media activity; to carry out research, other than research mentioned in section 17 (f) ; to conduct an educational program, other than a limited educational program; to conduct a vessel or aircraft charter operation; to anchor a vessel or aircraft at a place in the zone for more than— 14 consecutive days; or 30 days in any period of 60 days; See section 6 (Period for which vessel or aircraft taken to be anchored). to navigate a ship or managed vessel; to operate a facility for a purpose that is consistent with the objects to be achieved for the zone; to carry out works consistent with the objects to be achieved for the zone; to carry out a program for taking a plant or animal that poses a threat to— human life or safety; or a marine ecosystem in the marine park; or the use or amenity of an area in, or adjacent to, the marine park; to explore for or mine for minerals, if the person is the holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining; to explore for or produce petroleum, if the person— is the holder of a lease, licence or other authority under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 that authorises the exploration or production; or is the holder of a 1923 Act petroleum tenure under the Petroleum Act 1923 that authorises the exploration or production; to carry out geothermal exploration, if the person is the holder of a permit under the Geothermal Energy Act 2010 that authorises the exploration; another purpose, other than a purpose mentioned in section 17 , that is consistent with the objects to be achieved for the zone. Subsection (1) (k) does not apply to operating a facility that is a vessel for a purpose mentioned in section 17 . (sec.18-ssec.1) A person may enter or use the habitat protection zone with a permission for any of the following purposes— to carry out an activity relating to fishing or collecting, other than an activity mentioned in section 17 (b) , for— a harvest fishery, other than a relevant accredited harvest fishery; or a developmental fishery program; or the collecting of an animal, plant or other marine resource, other than limited collecting; to carry out a traditional use of marine resources, other than a traditional use of marine resources mentioned in section 17 (d) ; to conduct an aquaculture operation, other than an aquaculture operation involving the addition of feed: to conduct a tourism program; to carry out a media activity, other than a limited media activity; to carry out research, other than research mentioned in section 17 (f) ; to conduct an educational program, other than a limited educational program; to conduct a vessel or aircraft charter operation; to anchor a vessel or aircraft at a place in the zone for more than— 14 consecutive days; or 30 days in any period of 60 days; See section 6 (Period for which vessel or aircraft taken to be anchored). to navigate a ship or managed vessel; to operate a facility for a purpose that is consistent with the objects to be achieved for the zone; to carry out works consistent with the objects to be achieved for the zone; to carry out a program for taking a plant or animal that poses a threat to— human life or safety; or a marine ecosystem in the marine park; or the use or amenity of an area in, or adjacent to, the marine park; to explore for or mine for minerals, if the person is the holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining; to explore for or produce petroleum, if the person— is the holder of a lease, licence or other authority under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 that authorises the exploration or production; or is the holder of a 1923 Act petroleum tenure under the Petroleum Act 1923 that authorises the exploration or production; to carry out geothermal exploration, if the person is the holder of a permit under the Geothermal Energy Act 2010 that authorises the exploration; another purpose, other than a purpose mentioned in section 17 , that is consistent with the objects to be achieved for the zone. (sec.18-ssec.2) Subsection (1) (k) does not apply to operating a facility that is a vessel for a purpose mentioned in section 17 .
The objects to be achieved for the conservation park zone are the objects stated in the Marine Parks Regulation 2017 , schedule 1 , section 4 .
A person may enter or use the conservation park zone without a permission for any of the following purposes— to carry out a low impact activity not involving fishing or collecting; to carry out any of the following activities relating to fishing or collecting— bait gathering; bait netting; limited collecting; limited crabbing; limited line fishing; limited spearfishing; limited trolling; to carry out fishing or collecting for the aquarium fish fishery or the beachworm fishery in compliance with any requirements applying to the accreditation of the fishery as a relevant accredited harvest fishery; to carry out a traditional use of marine resources that— includes another activity mentioned in this section; or is carried out under an accredited traditional use of marine resources agreement; to carry out a limited media activity; to carry out limited impact research (extractive) or limited impact research (non-extractive); to conduct a limited educational program; to anchor a vessel or aircraft at a place in the zone for not more than— 14 consecutive days; or 30 days in any period of 60 days; See section 6 (Period for which vessel or aircraft taken to be anchored). to navigate a vessel, other than a ship or managed vessel, or an aircraft, if equipment normally used for an activity relating to fishing or collecting is stowed or secured when the vessel or aircraft is in a part of the zone in which the use of the equipment is not authorised under the Act . In this section— limited crabbing means crabbing that is carried out using no more than 4 crab pots, dillies or collapsible traps alone or in combination. limited line fishing means fishing using no more than 2 hand-held fishing rods or handlines for each person, with no more than 2 hooks in total for each person. limited trolling means fishing with a line or lines trailed from a vessel that is underway, using no more than 2 lines for each person on the vessel, with no more than 2 hooks in total for each person. (sec.20-ssec.1) A person may enter or use the conservation park zone without a permission for any of the following purposes— to carry out a low impact activity not involving fishing or collecting; to carry out any of the following activities relating to fishing or collecting— bait gathering; bait netting; limited collecting; limited crabbing; limited line fishing; limited spearfishing; limited trolling; to carry out fishing or collecting for the aquarium fish fishery or the beachworm fishery in compliance with any requirements applying to the accreditation of the fishery as a relevant accredited harvest fishery; to carry out a traditional use of marine resources that— includes another activity mentioned in this section; or is carried out under an accredited traditional use of marine resources agreement; to carry out a limited media activity; to carry out limited impact research (extractive) or limited impact research (non-extractive); to conduct a limited educational program; to anchor a vessel or aircraft at a place in the zone for not more than— 14 consecutive days; or 30 days in any period of 60 days; See section 6 (Period for which vessel or aircraft taken to be anchored). to navigate a vessel, other than a ship or managed vessel, or an aircraft, if equipment normally used for an activity relating to fishing or collecting is stowed or secured when the vessel or aircraft is in a part of the zone in which the use of the equipment is not authorised under the Act . (sec.20-ssec.2) In this section— limited crabbing means crabbing that is carried out using no more than 4 crab pots, dillies or collapsible traps alone or in combination. limited line fishing means fishing using no more than 2 hand-held fishing rods or handlines for each person, with no more than 2 hooks in total for each person. limited trolling means fishing with a line or lines trailed from a vessel that is underway, using no more than 2 lines for each person on the vessel, with no more than 2 hooks in total for each person.
A person may enter or use the conservation park zone with a permission for any of the following purposes— to carry out an activity relating to fishing or collecting in the aquarium fish fishery or the beachworm fishery, other than an activity mentioned in section 20 (1) (b) ; to carry out a traditional use of marine resources, other than a traditional use of marine resources mentioned in section 20 (1) (d) ; to conduct an aquaculture operation, other than an aquaculture operation involving the addition of feed: to conduct a tourism program; to carry out a media activity, other than a limited media activity; to carry out research, other than research mentioned in section 20 (1) (f) ; to conduct an educational program, other than a limited education program; to conduct a vessel or aircraft charter operation; to anchor a vessel or aircraft at a place in the zone for more than— 14 consecutive days; or 30 days in any period of 60 days; See section 6 (Period for which vessel or aircraft taken to be anchored). to navigate a ship or managed vessel; to operate a facility for a purpose that is consistent with the objects to be achieved for the zone; to carry out works consistent with the objects to be achieved for the zone; to carry out a program for taking a plant or animal that poses a threat to— human life or safety; or a marine ecosystem in the marine park; or the use or amenity of an area in, or adjacent to, the marine park; another purpose, other than a purpose mentioned in section 20 , that is consistent with the objects to be achieved for the zone. Subsection (1) (k) does not apply to operating a facility that is a vessel for a purpose mentioned in section 20 . (sec.21-ssec.1) A person may enter or use the conservation park zone with a permission for any of the following purposes— to carry out an activity relating to fishing or collecting in the aquarium fish fishery or the beachworm fishery, other than an activity mentioned in section 20 (1) (b) ; to carry out a traditional use of marine resources, other than a traditional use of marine resources mentioned in section 20 (1) (d) ; to conduct an aquaculture operation, other than an aquaculture operation involving the addition of feed: to conduct a tourism program; to carry out a media activity, other than a limited media activity; to carry out research, other than research mentioned in section 20 (1) (f) ; to conduct an educational program, other than a limited education program; to conduct a vessel or aircraft charter operation; to anchor a vessel or aircraft at a place in the zone for more than— 14 consecutive days; or 30 days in any period of 60 days; See section 6 (Period for which vessel or aircraft taken to be anchored). to navigate a ship or managed vessel; to operate a facility for a purpose that is consistent with the objects to be achieved for the zone; to carry out works consistent with the objects to be achieved for the zone; to carry out a program for taking a plant or animal that poses a threat to— human life or safety; or a marine ecosystem in the marine park; or the use or amenity of an area in, or adjacent to, the marine park; another purpose, other than a purpose mentioned in section 20 , that is consistent with the objects to be achieved for the zone. (sec.21-ssec.2) Subsection (1) (k) does not apply to operating a facility that is a vessel for a purpose mentioned in section 20 .
The objects to be achieved for the marine national park zone are the objects stated in the Marine Parks Regulation 2017 , schedule 1 , section 7 .
A person may enter or use the marine national park zone without a permission for any of the following purposes— to carry out a low impact activity not involving fishing or collecting; to carry out a traditional use of marine resources that— includes another activity mentioned in this section; or is carried out under an accredited traditional use of marine resources agreement; to carry out a limited media activity; to carry out limited impact research (non-extractive); to conduct a limited educational program; to anchor a vessel or aircraft at a place in the zone for not more than— 14 consecutive days; or 30 days in any period of 60 days; See section 6 (Period for which vessel or aircraft taken to be anchored). to navigate a vessel, other than a ship or managed vessel, or aircraft, if equipment normally used for an activity relating to fishing or collecting is stowed or secured when the vessel or aircraft is in a part of the zone in which the use of the equipment is not authorised under the Act .
A person may enter or use the marine national park zone with a permission for any of the following purposes— to carry out a traditional use of marine resources, other than a traditional use of marine resources mentioned in section 23 (b) ; to conduct a tourism program; to carry out a media activity, other than a limited media activity; to carry out research, other than research mentioned in section 23 (d) , that the chief executive considers— is relevant to, and a priority for, the management of the marine park; or can not reasonably be carried out elsewhere; to conduct a vessel or aircraft charter operation; to anchor a vessel or aircraft at a place in the zone for more than— 14 consecutive days; or 30 days in any period of 60 days; See section 6 (Period for which vessel or aircraft taken to be anchored). to navigate a ship or managed vessel; to operate a facility for a purpose that is consistent with the objects to be achieved for the zone; to carry out works consistent with the objects to be achieved for the zone; to carry out a program for taking a plant or animal that poses a threat to— human life or safety; or a marine ecosystem in the marine park; or the use or amenity of an area in, or adjacent to, the marine park; another purpose, other than a purpose mentioned in section 23 , that is consistent with the objects to be achieved for the zone. Subsection (1) (h) does not apply to operating a facility that is a vessel for a purpose mentioned in section 23 . (sec.24-ssec.1) A person may enter or use the marine national park zone with a permission for any of the following purposes— to carry out a traditional use of marine resources, other than a traditional use of marine resources mentioned in section 23 (b) ; to conduct a tourism program; to carry out a media activity, other than a limited media activity; to carry out research, other than research mentioned in section 23 (d) , that the chief executive considers— is relevant to, and a priority for, the management of the marine park; or can not reasonably be carried out elsewhere; to conduct a vessel or aircraft charter operation; to anchor a vessel or aircraft at a place in the zone for more than— 14 consecutive days; or 30 days in any period of 60 days; See section 6 (Period for which vessel or aircraft taken to be anchored). to navigate a ship or managed vessel; to operate a facility for a purpose that is consistent with the objects to be achieved for the zone; to carry out works consistent with the objects to be achieved for the zone; to carry out a program for taking a plant or animal that poses a threat to— human life or safety; or a marine ecosystem in the marine park; or the use or amenity of an area in, or adjacent to, the marine park; another purpose, other than a purpose mentioned in section 23 , that is consistent with the objects to be achieved for the zone. (sec.24-ssec.2) Subsection (1) (h) does not apply to operating a facility that is a vessel for a purpose mentioned in section 23 .
Each of the following areas of the marine park is established as a designated area for special management— ex-HMAS Tobruk area; fish trap area; go slow area for natural and cultural resources; go slow area for turtles and dugongs; grey nurse shark area; Mon Repos area; no-anchoring area; no-motorised vessel area; Platypus Bay area; seasonal shorebird closure area; turtle protection area. The parts of the marine park comprising each designated area are described in schedule 2 . A designated area may be in 1 or more zones. To help users of this plan, an indicative map showing the designated areas is available for inspection on the department’s website. The indicative map is not applied, adopted or incorporated by this plan. (sec.25-ssec.1) Each of the following areas of the marine park is established as a designated area for special management— ex-HMAS Tobruk area; fish trap area; go slow area for natural and cultural resources; go slow area for turtles and dugongs; grey nurse shark area; Mon Repos area; no-anchoring area; no-motorised vessel area; Platypus Bay area; seasonal shorebird closure area; turtle protection area. (sec.25-ssec.2) The parts of the marine park comprising each designated area are described in schedule 2 . (sec.25-ssec.3) A designated area may be in 1 or more zones.
A restriction under this part for entering or using a designated area in a zone applies in addition to any restrictions under this plan for entering or using the zone.
This section applies if— a person applies for a permission to enter or use a zone; and a designated area or a part of a designated area is in the zone. If the entry or use would be inconsistent with the objects to be achieved for the designated area, the chief executive must not grant the permission for that part of the zone in which the designated area or a part of a designated area is situated. See generally the Marine Parks Regulation 2017 , part 3 for matters the chief executive must and may have regard to in considering an application for a permission. This section applies in relation to a designated area mentioned in any of divisions 3 to 12 subject to any requirements for entering or using the designated area under the relevant division. (sec.27-ssec.1) This section applies if— a person applies for a permission to enter or use a zone; and a designated area or a part of a designated area is in the zone. (sec.27-ssec.2) If the entry or use would be inconsistent with the objects to be achieved for the designated area, the chief executive must not grant the permission for that part of the zone in which the designated area or a part of a designated area is situated. See generally the Marine Parks Regulation 2017 , part 3 for matters the chief executive must and may have regard to in considering an application for a permission. (sec.27-ssec.3) This section applies in relation to a designated area mentioned in any of divisions 3 to 12 subject to any requirements for entering or using the designated area under the relevant division.
A public entity exercising statutory powers in a designated area must consult with the chief executive about any proposal or action relating to entering or using the area that may not be consistent with the objects to be achieved for the area mentioned in this part.
The objects to be achieved for the ex-HMAS Tobruk area are— to manage and maintain the wreck of the ex-HMAS Tobruk ; and to provide safe opportunities to appreciate, understand and enjoy the area; and to minimise damage, disturbance or any other interference to the wreck of the ex-HMAS Tobruk ; and to minimise harm or distress caused directly or indirectly to living organisms in the area by human activities; and to minimise disturbance to natural resources and cultural resources in the area.
This section applies in relation to that part of a zone in which the ex-HMAS Tobruk area is situated if a person applies under the Marine Parks Regulation 2017 for— a permission to enter or use the zone; or a commercial activity agreement to conduct a commercial activity in the zone. The chief executive may grant the permission only for— carrying out research the chief executive considers— is relevant to, and is a priority for, the management of the ex-HMAS Tobruk area; and can not reasonably be conducted elsewhere; or carrying out diving or snorkelling or a related activity; or carrying out another activity the chief executive considers would be beneficial to the natural resources and cultural resources of the ex-HMAS Tobruk area. The chief executive may negotiate the signing of the commercial activity agreement only if the commercial activity relates to an activity mentioned in subsection (2) (b) or (c) . (sec.30-ssec.1) This section applies in relation to that part of a zone in which the ex-HMAS Tobruk area is situated if a person applies under the Marine Parks Regulation 2017 for— a permission to enter or use the zone; or a commercial activity agreement to conduct a commercial activity in the zone. (sec.30-ssec.2) The chief executive may grant the permission only for— carrying out research the chief executive considers— is relevant to, and is a priority for, the management of the ex-HMAS Tobruk area; and can not reasonably be conducted elsewhere; or carrying out diving or snorkelling or a related activity; or carrying out another activity the chief executive considers would be beneficial to the natural resources and cultural resources of the ex-HMAS Tobruk area. (sec.30-ssec.3) The chief executive may negotiate the signing of the commercial activity agreement only if the commercial activity relates to an activity mentioned in subsection (2) (b) or (c) .
A person must not, without an authorisation under a commercial activity agreement or a permission, enter or use the ex-HMAS Tobruk area, unless the person has a reasonable excuse. Maximum penalty—80 penalty units. A person must not interfere with the wreck of the ex-HMAS Tobruk unless— a permission has been granted for carrying out research mentioned in section 30 (2) (a) and the interference is authorised under the permission; or the person has a reasonable excuse. Maximum penalty—100 penalty units. In this section— interfere with , a wreck, includes expose, disturb, deface, damage, move, remove and destroy, the wreck or a part of the wreck. (sec.31-ssec.1) A person must not, without an authorisation under a commercial activity agreement or a permission, enter or use the ex-HMAS Tobruk area, unless the person has a reasonable excuse. Maximum penalty—80 penalty units. (sec.31-ssec.2) A person must not interfere with the wreck of the ex-HMAS Tobruk unless— a permission has been granted for carrying out research mentioned in section 30 (2) (a) and the interference is authorised under the permission; or the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.31-ssec.3) In this section— interfere with , a wreck, includes expose, disturb, deface, damage, move, remove and destroy, the wreck or a part of the wreck.
The objects to be achieved for the fish trap area are— to protect cultural resources from damage caused by anchoring; and to protect cultural resources and inert marine resources in the area from damage or modification, including, for example, damage or modification caused by excavation; and to prevent the removal of cultural resources and inert marine resources from the area. In this section— inert marine resources means marine resources other than plants or animals. (sec.32-ssec.1) The objects to be achieved for the fish trap area are— to protect cultural resources from damage caused by anchoring; and to protect cultural resources and inert marine resources in the area from damage or modification, including, for example, damage or modification caused by excavation; and to prevent the removal of cultural resources and inert marine resources from the area. (sec.32-ssec.2) In this section— inert marine resources means marine resources other than plants or animals.
A person must not, without a permission do any of the following in the fish trap area— anchor a vessel or aircraft; damage, excavate or modify cultural resources or inert marine resources in the fish trap area; remove cultural resources or inert marine resources from the fish trap area. Maximum penalty—100 penalty units. Subsection (1) does not apply to a traditional owner for the fish trap area. In this section— inert marine resources see section 32 (2) . (sec.33-ssec.1) A person must not, without a permission do any of the following in the fish trap area— anchor a vessel or aircraft; damage, excavate or modify cultural resources or inert marine resources in the fish trap area; remove cultural resources or inert marine resources from the fish trap area. Maximum penalty—100 penalty units. (sec.33-ssec.2) Subsection (1) does not apply to a traditional owner for the fish trap area. (sec.33-ssec.3) In this section— inert marine resources see section 32 (2) .
The chief executive may publish a map (a transit lane map ) on the department’s website showing the location and boundary of an area (a transit lane ) in which a vessel may be navigated in a designated area mentioned in this division.
The objects to be achieved for the go slow area for natural and cultural resources are— to help protect the natural resources and cultural resources of the area from damage, including, for example, damage caused by the navigation of vessels; and to provide opportunities to appreciate, and create awareness and understanding of, the natural resources and cultural resources of the area.
A person must not do any of the following in the go slow area for natural and cultural resources— navigate a vessel in a planing or non-displacement mode; navigate a vessel for a motorised water sport; navigate a vessel at a speed greater than 6 knots. Maximum penalty—100 penalty units. However, subsection (1) does not apply in relation to navigating a vessel in a navigation channel or transit lane in the designated area. (sec.36-ssec.1) A person must not do any of the following in the go slow area for natural and cultural resources— navigate a vessel in a planing or non-displacement mode; navigate a vessel for a motorised water sport; navigate a vessel at a speed greater than 6 knots. Maximum penalty—100 penalty units. (sec.36-ssec.2) However, subsection (1) does not apply in relation to navigating a vessel in a navigation channel or transit lane in the designated area.
The objects to be achieved for the go slow area for turtles and dugongs are— to protect turtles and dugong; and to protect the habitat of turtles and dugong; and to minimise the harm or distress to, and the number of deaths of, turtles and dugong caused, directly or indirectly, by human activity, including, for example, the navigating of vessels.
A person must not do any of the following in the go slow area for turtles and dugongs— navigate a vessel in a planing or non-displacement mode; navigate a vessel for a motorised water sport; navigate a vessel at a speed greater than 6 knots. Maximum penalty—120 penalty units. However, subsection (1) does not apply in relation to navigating a vessel in— a navigation channel or transit lane in the designated area; or the GSA02–Woongarra area from 1 May to 14 October. Also, subsection (1) does not apply to a person navigating a vessel under a permission authorising activities related to surf lifesaving in the GSA02–Woongarra area from 15 October of a year to 30 April of the next year. In this section— GSA02–Woongarra area means the area described in schedule 2 , section 6 . (sec.38-ssec.1) A person must not do any of the following in the go slow area for turtles and dugongs— navigate a vessel in a planing or non-displacement mode; navigate a vessel for a motorised water sport; navigate a vessel at a speed greater than 6 knots. Maximum penalty—120 penalty units. (sec.38-ssec.2) However, subsection (1) does not apply in relation to navigating a vessel in— a navigation channel or transit lane in the designated area; or the GSA02–Woongarra area from 1 May to 14 October. (sec.38-ssec.3) Also, subsection (1) does not apply to a person navigating a vessel under a permission authorising activities related to surf lifesaving in the GSA02–Woongarra area from 15 October of a year to 30 April of the next year. (sec.38-ssec.4) In this section— GSA02–Woongarra area means the area described in schedule 2 , section 6 .
In this division— dive club means an entity that organises or facilitates diving activities for members, guests or visitors. diver , associated with a dive club, means a member, guest or visitor of the club.
The area restrictions for the grey nurse shark area are— the restrictions on diving activities applying in the area under any of the following— this division; a restricted access area notice; a prohibited area notice; and the restriction mentioned in section 23 (a) .
The objects to be achieved for the grey nurse shark area are— to protect grey nurse sharks; and to protect the habitat of grey nurse sharks; and to minimise harm or distress to grey nurse sharks caused, directly or indirectly, by human activities, including, for example, diving; and to allow research that is relevant to, and a priority for, the area.
This section applies in relation to that part of a zone in which the grey nurse shark area is situated if a person applies under the Marine Parks Regulation 2017 for a permission to enter or use the zone for conducting diving activities between 6p.m. and 6a.m. The chief executive may grant the permission only if the chief executive considers— the diving activities are necessary to carry out research that is relevant to, and a priority for, the management of the grey nurse shark area; and the research can not reasonably be conducted elsewhere. (sec.42-ssec.1) This section applies in relation to that part of a zone in which the grey nurse shark area is situated if a person applies under the Marine Parks Regulation 2017 for a permission to enter or use the zone for conducting diving activities between 6p.m. and 6a.m. (sec.42-ssec.2) The chief executive may grant the permission only if the chief executive considers— the diving activities are necessary to carry out research that is relevant to, and a priority for, the management of the grey nurse shark area; and the research can not reasonably be conducted elsewhere.
A person must not dive between 6p.m. and 6a.m. in the grey nurse shark area unless— the person is authorised to dive in the area during that period under a permission mentioned in section 42 ; or the person has a reasonable excuse. Maximum penalty—100 penalty units. A person must not carry out any of the following activities in the grey nurse shark area, unless the person has a reasonable excuse— touching or feeding a grey nurse shark; trapping, or attempting to trap, a grey nurse shark; chasing or harassing a grey nurse shark; interrupting a grey nurse shark’s swimming pattern; blocking a cave entrance or gutter; using electro–acoustic or mechanical apparatus in the water. Maximum penalty—100 penalty units. Subsection (2) does not apply if the person is authorised under a permission to carry out the activity for the purpose of research. In this section— electro–acoustic or mechanical apparatus — includes an underwater scooter, a horn or a shark repelling device; but does not include the following— equipment commonly used for diving; scuba equipment equipment required for diving under the Work Health and Safety Act 2011 equipment required for carrying out defence activities to prevent or reduce the risk of personal injury or property damage; equipment for detecting mines equipment commonly used for navigation; vessel depth sounder fish finder equipment commonly used for research. hydrophones acoustic release receivers acoustic transmitters (sec.43-ssec.1) A person must not dive between 6p.m. and 6a.m. in the grey nurse shark area unless— the person is authorised to dive in the area during that period under a permission mentioned in section 42 ; or the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.43-ssec.2) A person must not carry out any of the following activities in the grey nurse shark area, unless the person has a reasonable excuse— touching or feeding a grey nurse shark; trapping, or attempting to trap, a grey nurse shark; chasing or harassing a grey nurse shark; interrupting a grey nurse shark’s swimming pattern; blocking a cave entrance or gutter; using electro–acoustic or mechanical apparatus in the water. Maximum penalty—100 penalty units. (sec.43-ssec.3) Subsection (2) does not apply if the person is authorised under a permission to carry out the activity for the purpose of research. (sec.43-ssec.4) In this section— electro–acoustic or mechanical apparatus — includes an underwater scooter, a horn or a shark repelling device; but does not include the following— equipment commonly used for diving; scuba equipment equipment required for diving under the Work Health and Safety Act 2011 equipment required for carrying out defence activities to prevent or reduce the risk of personal injury or property damage; equipment for detecting mines equipment commonly used for navigation; vessel depth sounder fish finder equipment commonly used for research. hydrophones acoustic release receivers acoustic transmitters
This section applies to a person in control of a vessel if divers are taking part in diving activities from the vessel in the grey nurse shark area. However, this section does not apply in relation to— a person participating in a tourism program if the person is diving under the instruction of the person conducting the program; or a diver associated with a dive club if the diver is participating in dive activities with the club. Before a diver enters the water, the person must ensure that each diver is given a summary of the area restrictions for the grey nurse shark area. Maximum penalty—50 penalty units. Also, the person must ensure that no more than 10 divers are in the water at the same time. Maximum penalty—100 penalty units. (sec.44-ssec.1) This section applies to a person in control of a vessel if divers are taking part in diving activities from the vessel in the grey nurse shark area. (sec.44-ssec.2) However, this section does not apply in relation to— a person participating in a tourism program if the person is diving under the instruction of the person conducting the program; or a diver associated with a dive club if the diver is participating in dive activities with the club. (sec.44-ssec.3) Before a diver enters the water, the person must ensure that each diver is given a summary of the area restrictions for the grey nurse shark area. Maximum penalty—50 penalty units. (sec.44-ssec.4) Also, the person must ensure that no more than 10 divers are in the water at the same time. Maximum penalty—100 penalty units.
This subdivision applies to a person (the operator ) conducting a tourism program involving diving in the grey nurse shark area.
The operator must ensure that each person participating in the tourism program is given a summary of the area restrictions for the grey nurse shark area before the person enters the water. Maximum penalty—50 penalty units.
This section applies if a group of divers is participating in the tourism program in the grey nurse shark area. The operator of the tourism program must ensure— no more than 12 persons in the group are in the water at the same time; and for a group made up of more than 10 persons—each person in the group in excess of 10 is either a dive instructor or certified assistant. Maximum penalty—100 penalty units. Subsection (2) does not apply if the operator has the chief executive’s written authority for more than 10 persons in the group, who are neither dive instructors nor certified assistants, to be in the water at the same time. The chief executive may give an authority mentioned in subsection (3) only if satisfied the proposed entry into, or use of, the grey nurse shark area under the operator’s tourism program is consistent with the objects mentioned in section 41 . In this section— certified assistant means a person who holds a current qualification from a recreational dive training organisation, designed to qualify the person to assist a dive instructor. dive instructor means a person who holds a current qualification from a recreational dive training organisation, designed to qualify the person as a scuba instructor. recreational dive training organisation see the Safety in Recreational Water Activities Regulation 2024 , schedule. s 47 amd 2024 SL No. 100 s 34 (sec.47-ssec.1) This section applies if a group of divers is participating in the tourism program in the grey nurse shark area. (sec.47-ssec.2) The operator of the tourism program must ensure— no more than 12 persons in the group are in the water at the same time; and for a group made up of more than 10 persons—each person in the group in excess of 10 is either a dive instructor or certified assistant. Maximum penalty—100 penalty units. (sec.47-ssec.3) Subsection (2) does not apply if the operator has the chief executive’s written authority for more than 10 persons in the group, who are neither dive instructors nor certified assistants, to be in the water at the same time. (sec.47-ssec.4) The chief executive may give an authority mentioned in subsection (3) only if satisfied the proposed entry into, or use of, the grey nurse shark area under the operator’s tourism program is consistent with the objects mentioned in section 41 . (sec.47-ssec.5) In this section— certified assistant means a person who holds a current qualification from a recreational dive training organisation, designed to qualify the person to assist a dive instructor. dive instructor means a person who holds a current qualification from a recreational dive training organisation, designed to qualify the person as a scuba instructor. recreational dive training organisation see the Safety in Recreational Water Activities Regulation 2024 , schedule.
This section applies to a responsible entity for a dive club in relation to conducting diving activities in the grey nurse shark area if divers associated with the club are participating in the activities. Before a diver enters the water, the responsible entity must ensure the diver is given a summary of the area restrictions for the grey nurse shark area. Maximum penalty—50 penalty units. Also, the responsible entity must ensure that no more than 10 divers associated with the dive club are in the water at the same time. Maximum penalty—100 penalty units. In this section— responsible entity — for a dive club that is an incorporated entity—means the entity; or for a dive club that is not an incorporated entity—means a person involved in directing the diving activities of the club. (sec.48-ssec.1) This section applies to a responsible entity for a dive club in relation to conducting diving activities in the grey nurse shark area if divers associated with the club are participating in the activities. (sec.48-ssec.2) Before a diver enters the water, the responsible entity must ensure the diver is given a summary of the area restrictions for the grey nurse shark area. Maximum penalty—50 penalty units. (sec.48-ssec.3) Also, the responsible entity must ensure that no more than 10 divers associated with the dive club are in the water at the same time. Maximum penalty—100 penalty units. (sec.48-ssec.4) In this section— responsible entity — for a dive club that is an incorporated entity—means the entity; or for a dive club that is not an incorporated entity—means a person involved in directing the diving activities of the club.
This section applies if the chief executive considers urgent action is needed to deal with a threat to a grey nurse shark in the grey nurse shark area. The chief executive may make a notice (a prohibited area notice ) prohibiting— entry into the grey nurse shark area, or a stated part of the area (the prohibited area ); or entry into the water in the grey nurse shark area, or a stated part of the area (also the prohibited area ). A prohibited area notice must state— the location and boundaries of the prohibited area; and the day from which the notice takes effect (the start day ); and the period, of no more than 90 days after the start day, for which the notice has effect (the notice period ). The chief executive— must publish the prohibited area notice on the department’s website; and may publish the prohibited area notice in other ways the chief executive considers appropriate. Before the notice period has ended, the chief executive may, by a further notice published on the department’s website, extend the notice period by a period, of no more than 90 days, stated in the further notice. (sec.49-ssec.1) This section applies if the chief executive considers urgent action is needed to deal with a threat to a grey nurse shark in the grey nurse shark area. (sec.49-ssec.2) The chief executive may make a notice (a prohibited area notice ) prohibiting— entry into the grey nurse shark area, or a stated part of the area (the prohibited area ); or entry into the water in the grey nurse shark area, or a stated part of the area (also the prohibited area ). (sec.49-ssec.3) A prohibited area notice must state— the location and boundaries of the prohibited area; and the day from which the notice takes effect (the start day ); and the period, of no more than 90 days after the start day, for which the notice has effect (the notice period ). (sec.49-ssec.4) The chief executive— must publish the prohibited area notice on the department’s website; and may publish the prohibited area notice in other ways the chief executive considers appropriate. (sec.49-ssec.5) Before the notice period has ended, the chief executive may, by a further notice published on the department’s website, extend the notice period by a period, of no more than 90 days, stated in the further notice.
A prohibited area notice takes effect on the day stated in the notice. A prohibited area notice continues in effect until— the notice period ends; or if the notice period is extended under section 49 (5) —the extended period ends; or the chief executive sooner revokes the notice. (sec.50-ssec.1) A prohibited area notice takes effect on the day stated in the notice. (sec.50-ssec.2) A prohibited area notice continues in effect until— the notice period ends; or if the notice period is extended under section 49 (5) —the extended period ends; or the chief executive sooner revokes the notice.
A person must comply with a prohibited area notice, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.
If a prohibited area notice is inconsistent with a provision of this plan, other than section 66 , the notice prevails to the extent of the inconsistency. See also section 151 of the Act under which, if a regulation is inconsistent with a zoning plan, the zoning plan generally prevails to the extent of the inconsistency, subject to the exceptions mentioned in the section.
The objects to be achieved for the Mon Repos area are— to protect turtles; and to protect the habitat of turtles; and to minimise the harm or distress to, and the number of deaths of, turtles caused, directly or indirectly, by human activity, including, for example, the operation of vehicles or bringing or allowing domestic animals into the area; and to promote education and research about turtles.
A person must not, without a permission or a reasonable excuse, enter the Mon Repos area— between 12a.m. and 6a.m. on 15 October; or between 6p.m. and 12a.m. on 31 May; or otherwise, between 6p.m. and 6a.m. during the regulated season. Maximum penalty—100 penalty units. A person who is in the Mon Repos area between 6p.m. and 6a.m. during the regulated season must not, without a permission— use more than 1 artificial light; or use 1 artificial light of more than 100 lumens. Maximum penalty—100 penalty units. A person must not, without a permission, use a vehicle in the Mon Repos area during the regulated season, other than for monitoring or managing turtles. Maximum penalty—100 penalty units. A person must not do either of the following during the regulated season— bring a domestic animal into the Mon Repos area; allow a domestic animal under the person’s care or control to enter the Mon Repos area. Maximum penalty—100 penalty units. In this section— regulated season means the period from 15 October of a year to 31 May of the next year. (sec.54-ssec.1) A person must not, without a permission or a reasonable excuse, enter the Mon Repos area— between 12a.m. and 6a.m. on 15 October; or between 6p.m. and 12a.m. on 31 May; or otherwise, between 6p.m. and 6a.m. during the regulated season. Maximum penalty—100 penalty units. (sec.54-ssec.2) A person who is in the Mon Repos area between 6p.m. and 6a.m. during the regulated season must not, without a permission— use more than 1 artificial light; or use 1 artificial light of more than 100 lumens. Maximum penalty—100 penalty units. (sec.54-ssec.3) A person must not, without a permission, use a vehicle in the Mon Repos area during the regulated season, other than for monitoring or managing turtles. Maximum penalty—100 penalty units. (sec.54-ssec.4) A person must not do either of the following during the regulated season— bring a domestic animal into the Mon Repos area; allow a domestic animal under the person’s care or control to enter the Mon Repos area. Maximum penalty—100 penalty units. (sec.54-ssec.5) In this section— regulated season means the period from 15 October of a year to 31 May of the next year.
The object to be achieved for the no-anchoring area is to protect natural resources and cultural resources that— have been, or are being, degraded, including, for example, because of the anchoring of vessels or aircraft; or are susceptible to being damaged by human activities, including, for example, the anchoring of vessels or aircraft.
A person must not anchor a vessel or aircraft in the no-anchoring area, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. Subsection (1) does not apply to a person who is fishing or collecting for the aquarium fish fishery in the following areas— NAA02–Gatakers Bay described in schedule 2 , section17; NAA03–Gables Point described in schedule 2 , section18. (sec.56-ssec.1) A person must not anchor a vessel or aircraft in the no-anchoring area, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.56-ssec.2) Subsection (1) does not apply to a person who is fishing or collecting for the aquarium fish fishery in the following areas— NAA02–Gatakers Bay described in schedule 2 , section17; NAA03–Gables Point described in schedule 2 , section18.
The objects to be achieved for the no-motorised vessel area are— to protect the natural resources and cultural resources of the area; and to minimise disturbance in the area caused, directly or indirectly, by human activity, including, for example, the navigation of motorised vessels.
A person must not navigate a motorised vessel in the no-motorised vessel area, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. Subsection (1) does not apply to— a traditional owner for the no-motorised vessel area; or a person navigating a motorised vessel for transporting a traditional owner for the no-motorised vessel area. (sec.58-ssec.1) A person must not navigate a motorised vessel in the no-motorised vessel area, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.58-ssec.2) Subsection (1) does not apply to— a traditional owner for the no-motorised vessel area; or a person navigating a motorised vessel for transporting a traditional owner for the no-motorised vessel area.
The objects to be achieved for the Platypus Bay area are— to protect the natural integrity and use and non-use values of relatively undisturbed areas in the marine park; and to provide opportunities to appreciate, and create awareness and understanding of, the natural integrity and use and non-use values of the marine park; and to minimise the harm or distress to animals of a protected species.
A person must not do either of the following in the Platypus Bay area, unless the person has a reasonable excuse— navigate a vessel for a motorised water sport; take off, or land, in an aircraft. Maximum penalty—80 penalty units. Subsection (1) (a) does not apply to a commercial fisher taking fish for trade or commerce. (sec.60-ssec.1) A person must not do either of the following in the Platypus Bay area, unless the person has a reasonable excuse— navigate a vessel for a motorised water sport; take off, or land, in an aircraft. Maximum penalty—80 penalty units. (sec.60-ssec.2) Subsection (1) (a) does not apply to a commercial fisher taking fish for trade or commerce.
The objects to be achieved for the seasonal shorebird closure area are— to protect areas used by shorebirds, including, for example, migratory shorebirds, that are critical to roosting; and to minimise the harm or distress to shorebirds caused, directly or indirectly, by human activity, including, for example, allowing domestic animals into the area.
A person must not enter or use the seasonal shorebird closure area during a closure period, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. Subsection (1) does not apply if— the person enters or uses the seasonal shorebird closure area during a closure period with a permission— to carry out an activity the chief executive considers is relevant to, and a priority for, the management of the area; or to carry out an activity under section 18 (1) (m) or 21 (1) (m) ; or the person is a traditional owner for the seasonal shorebird closure area. A person must not allow a domestic animal under the person’s care or control to enter the seasonal shorebird closure area during a closure period, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. A person must not operate a remotely piloted aircraft in the seasonal shorebird closure area during a closure period, unless— the person is operating the aircraft under a permission; or the person has a reasonable excuse. Maximum penalty—100 penalty units. In this section— closure period means— the period from 1 March to 30 April; or the period from 1 September to 31 October. (sec.62-ssec.1) A person must not enter or use the seasonal shorebird closure area during a closure period, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.62-ssec.2) Subsection (1) does not apply if— the person enters or uses the seasonal shorebird closure area during a closure period with a permission— to carry out an activity the chief executive considers is relevant to, and a priority for, the management of the area; or to carry out an activity under section 18 (1) (m) or 21 (1) (m) ; or the person is a traditional owner for the seasonal shorebird closure area. (sec.62-ssec.3) A person must not allow a domestic animal under the person’s care or control to enter the seasonal shorebird closure area during a closure period, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.62-ssec.4) A person must not operate a remotely piloted aircraft in the seasonal shorebird closure area during a closure period, unless— the person is operating the aircraft under a permission; or the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.62-ssec.5) In this section— closure period means— the period from 1 March to 30 April; or the period from 1 September to 31 October.
The objects to be achieved for the turtle protection area are— to protect turtles; and to protect the habitat of turtles; and to minimise the harm or distress to turtles caused, directly or indirectly, by human activity, including, for example, trawling.
A person must not trawl in the turtle protection area from 1 November of a year to 31 January of the next year. Maximum penalty—100 penalty units.
This section applies if an authorisation or restriction applying to a person under this part is inconsistent with an authorisation or restriction applying to the person under part 3 . Unless otherwise provided, the authorisation or restriction under part 3 prevails to the extent of any inconsistency. (sec.65-ssec.1) This section applies if an authorisation or restriction applying to a person under this part is inconsistent with an authorisation or restriction applying to the person under part 3 . (sec.65-ssec.2) Unless otherwise provided, the authorisation or restriction under part 3 prevails to the extent of any inconsistency.
A person may enter or use an area in the marine park without a permission and without notice to the chief executive, for any of the following purposes— to investigate and respond to an emergency alert; to save human life or avoid risk of injury to a person; to deal with a threat of pollution to the marine environment under a law of the Commonwealth or an emergency response arrangement in which the chief executive participates; to locate or secure a vessel, aircraft or structure that is, or may be, endangered because of weather or a navigational or operational hazard; to remove or salvage a vessel, aircraft or structure, or a part of a vessel, aircraft or structure, that is abandoned, stranded, sunk or wrecked and poses a threat to the marine environment or human safety; to enforce a provision of an Act of the Commonwealth or the State if the person is authorised to enforce that Act ; to carry out reconnaissance or surveillance for the Commonwealth or the State. If an authorisation or restriction applying to a person under this section is inconsistent with an authorisation or restriction applying to the person under part 3 , the authorisation or restriction under this section prevails to the extent of the inconsistency. (sec.66-ssec.1) A person may enter or use an area in the marine park without a permission and without notice to the chief executive, for any of the following purposes— to investigate and respond to an emergency alert; to save human life or avoid risk of injury to a person; to deal with a threat of pollution to the marine environment under a law of the Commonwealth or an emergency response arrangement in which the chief executive participates; to locate or secure a vessel, aircraft or structure that is, or may be, endangered because of weather or a navigational or operational hazard; to remove or salvage a vessel, aircraft or structure, or a part of a vessel, aircraft or structure, that is abandoned, stranded, sunk or wrecked and poses a threat to the marine environment or human safety; to enforce a provision of an Act of the Commonwealth or the State if the person is authorised to enforce that Act ; to carry out reconnaissance or surveillance for the Commonwealth or the State. (sec.66-ssec.2) If an authorisation or restriction applying to a person under this section is inconsistent with an authorisation or restriction applying to the person under part 3 , the authorisation or restriction under this section prevails to the extent of the inconsistency.
A person may enter or use an area in the marine park without a permission and without notice to the chief executive, for any of the following purposes— to construct, install, operate, relocate, remove or maintain a navigational aid, or buildings or works ancillary to the aid, authorised under a law of the Commonwealth or the State; to install, relocate or remove a sign under the Fisheries Act 1994 ; to carry out geodetic, bathymetric or similar surveys if the surveys are conducted by the Commonwealth or the State; if the person is a traditional owner for the area and the activity does not involve fishing or collecting—to carry out an activity for Aboriginal tradition or Island custom.
A person may enter or use an area in the marine park mentioned in schedule 3 , column 1, without a permission and without notice to the chief executive, to carry out an activity (a non-conforming use ) mentioned opposite the area in column 2 of the schedule in compliance with the conditions mentioned opposite the area in column 3 of the schedule.
A person may enter or use an area in the marine park without a permission for a purpose mentioned in subsection (2) (each an authorised purpose ) if the person gives the chief executive a notice for the entry or use in the notice period. For subsection (1) , each of the following purposes is an authorised purpose— to carry out maintenance dredging for navigation; to carry out urgent maintenance on infrastructure for an essential public service provided by the Commonwealth, the State or a local government; communications, power, sewerage, water to carry out defence activities that would otherwise require a permission under this plan; to carry out a program for management of toxic cyanobacteria or algae by the Commonwealth, the State, or a local government; to remove or salvage, other than in an emergency, a vessel or aircraft, or a part of a vessel or aircraft, or other unprotected wreck, that is abandoned, stranded, sunk or wrecked; to use sand or another marine resource from the marine park to restore— that part of an eroded public access track within the marine park; or that part of an eroded public access track on land adjoining the marine park to the extent reasonably necessary for carrying out the restoration but no further than 200m from the boundary of the park. The notice must state— the authorised purpose for the entry or use of the area; and the location and boundaries of the area proposed to be entered or used; and the period during which the area is proposed to be entered or used, including when the period starts and ends. If a person gives a notice under this section for entering or using an area, the chief executive may, by notice to the person, impose conditions on the entry or use. See section 45 of the Act and the Marine Parks Regulation 2017 , section 138 for offences relating to the entry or use of a marine park for a purpose for which a notice must be given to the chief executive. In this section— maintenance dredging means dredging to ensure a dredged berth, channel or works involving construction are maintained at the dimensions authorised under an Act . notice period means— for an entry or use for the authorised purpose mentioned in subsection (2) (a) —at least 20 business days before the entry; or for an entry or use for another authorised purpose—at any time before the entry. public access track means a track maintained by a public entity and used by members of the public for accessing the marine park from adjoining land. unprotected wreck means a wreck that is not protected underwater cultural heritage under the Underwater Cultural Heritage Act 2018 (Cwlth) . (sec.69-ssec.1) A person may enter or use an area in the marine park without a permission for a purpose mentioned in subsection (2) (each an authorised purpose ) if the person gives the chief executive a notice for the entry or use in the notice period. (sec.69-ssec.2) For subsection (1) , each of the following purposes is an authorised purpose— to carry out maintenance dredging for navigation; to carry out urgent maintenance on infrastructure for an essential public service provided by the Commonwealth, the State or a local government; communications, power, sewerage, water to carry out defence activities that would otherwise require a permission under this plan; to carry out a program for management of toxic cyanobacteria or algae by the Commonwealth, the State, or a local government; to remove or salvage, other than in an emergency, a vessel or aircraft, or a part of a vessel or aircraft, or other unprotected wreck, that is abandoned, stranded, sunk or wrecked; to use sand or another marine resource from the marine park to restore— that part of an eroded public access track within the marine park; or that part of an eroded public access track on land adjoining the marine park to the extent reasonably necessary for carrying out the restoration but no further than 200m from the boundary of the park. (sec.69-ssec.3) The notice must state— the authorised purpose for the entry or use of the area; and the location and boundaries of the area proposed to be entered or used; and the period during which the area is proposed to be entered or used, including when the period starts and ends. (sec.69-ssec.4) If a person gives a notice under this section for entering or using an area, the chief executive may, by notice to the person, impose conditions on the entry or use. See section 45 of the Act and the Marine Parks Regulation 2017 , section 138 for offences relating to the entry or use of a marine park for a purpose for which a notice must be given to the chief executive. (sec.69-ssec.5) In this section— maintenance dredging means dredging to ensure a dredged berth, channel or works involving construction are maintained at the dimensions authorised under an Act . notice period means— for an entry or use for the authorised purpose mentioned in subsection (2) (a) —at least 20 business days before the entry; or for an entry or use for another authorised purpose—at any time before the entry. public access track means a track maintained by a public entity and used by members of the public for accessing the marine park from adjoining land. unprotected wreck means a wreck that is not protected underwater cultural heritage under the Underwater Cultural Heritage Act 2018 (Cwlth) .
A person may enter or use an area in the marine park mentioned in schedule 4 , column 1, with a permission to carry out an activity (a non-conforming use ) mentioned opposite the area in column 2 of the schedule in compliance with the conditions mentioned opposite the area in column 3 of the schedule. The requirement under subsection (1) to carry out the non-conforming use in compliance with the conditions does not limit the conditions the chief executive may impose on the permission. (sec.70-ssec.1) A person may enter or use an area in the marine park mentioned in schedule 4 , column 1, with a permission to carry out an activity (a non-conforming use ) mentioned opposite the area in column 2 of the schedule in compliance with the conditions mentioned opposite the area in column 3 of the schedule. (sec.70-ssec.2) The requirement under subsection (1) to carry out the non-conforming use in compliance with the conditions does not limit the conditions the chief executive may impose on the permission.
This part provides for the chief executive to accredit a traditional use of marine resources agreement and for dealing with the accreditation.
A traditional use of marine resources agreement is an agreement— prepared by a traditional owner group for an area of the marine park; and that provides for the traditional use of marine resources in the area; and includes the matters for the agreement mentioned in subsection (2) . For subsection (1) (c) , the matters for the agreement are— a general description of the area of the marine park covered by the agreement; and the name, or other identification, of each person covered by the agreement; and the name and address of a person to whom correspondence may be sent on behalf of the traditional owner group; and a detailed description of the area of the marine park and traditional use of marine resources covered by the agreement, including a description of the activities proposed to be carried out at stated locations in the area; and the species of animals or plants proposed to be harvested and, if the species include 1 or more protected species, how many animals or plants of each protected species are proposed to be harvested; and the management arrangements proposed by the traditional owner group for implementing the agreement, including the proposed role of the traditional owner group in ensuring compliance with the provisions of the agreement; and the way the traditional use of marine resources is to be monitored and reported under the agreement, including the recording and reporting of information about the taking of animals and plants of a protected species; and a statement about the process used to develop the agreement by the traditional owner group, including, for example, any consultation with government authorities or interested persons; and any other information the chief executive reasonably requires by notice given to the traditional owner group. However, an agreement is not invalidated as a traditional use of marine resources agreement only because it does not include a matter mentioned in subsection (2) . (sec.72-ssec.1) A traditional use of marine resources agreement is an agreement— prepared by a traditional owner group for an area of the marine park; and that provides for the traditional use of marine resources in the area; and includes the matters for the agreement mentioned in subsection (2) . (sec.72-ssec.2) For subsection (1) (c) , the matters for the agreement are— a general description of the area of the marine park covered by the agreement; and the name, or other identification, of each person covered by the agreement; and the name and address of a person to whom correspondence may be sent on behalf of the traditional owner group; and a detailed description of the area of the marine park and traditional use of marine resources covered by the agreement, including a description of the activities proposed to be carried out at stated locations in the area; and the species of animals or plants proposed to be harvested and, if the species include 1 or more protected species, how many animals or plants of each protected species are proposed to be harvested; and the management arrangements proposed by the traditional owner group for implementing the agreement, including the proposed role of the traditional owner group in ensuring compliance with the provisions of the agreement; and the way the traditional use of marine resources is to be monitored and reported under the agreement, including the recording and reporting of information about the taking of animals and plants of a protected species; and a statement about the process used to develop the agreement by the traditional owner group, including, for example, any consultation with government authorities or interested persons; and any other information the chief executive reasonably requires by notice given to the traditional owner group. (sec.72-ssec.3) However, an agreement is not invalidated as a traditional use of marine resources agreement only because it does not include a matter mentioned in subsection (2) .
This section applies if the chief executive is required to give a notice under this part to— the applicant for accreditation of a traditional use of marine resources agreement; or the holders of an accreditation of a traditional use of marine resources agreement. The chief executive complies with the requirement if the chief executive gives the notice to the nominee for the traditional owner group mentioned in section 74 (3) (b) (ii) . (sec.73-ssec.1) This section applies if the chief executive is required to give a notice under this part to— the applicant for accreditation of a traditional use of marine resources agreement; or the holders of an accreditation of a traditional use of marine resources agreement. (sec.73-ssec.2) The chief executive complies with the requirement if the chief executive gives the notice to the nominee for the traditional owner group mentioned in section 74 (3) (b) (ii) .
This section applies if a traditional owner group for an area of the marine park prepares a traditional use of marine resources agreement for the area. A person may, on behalf of the traditional owner group, apply to the chief executive for accreditation of the traditional use of marine resources agreement. The application must— be in writing; and state the following information— the names of all the members of the traditional owner group in whose name the application is made; the name and address of the person nominated by the traditional owner group to whom correspondence may be sent on behalf of the group; and be accompanied by— a copy of the traditional use of marine resources agreement; and written confirmation, by the relevant representative Aboriginal/Torres Strait Islander body for the area, that each member of the traditional owner group in whose name the application is made is a traditional owner for the area in the marine park to which the agreement relates. If the chief executive agrees, the applicant may amend the application before the chief executive decides the application. In this section— representative Aboriginal/Torres Strait Islander body has the meaning given by the Native Title Act 1993 (Cwlth) . (sec.74-ssec.1) This section applies if a traditional owner group for an area of the marine park prepares a traditional use of marine resources agreement for the area. (sec.74-ssec.2) A person may, on behalf of the traditional owner group, apply to the chief executive for accreditation of the traditional use of marine resources agreement. (sec.74-ssec.3) The application must— be in writing; and state the following information— the names of all the members of the traditional owner group in whose name the application is made; the name and address of the person nominated by the traditional owner group to whom correspondence may be sent on behalf of the group; and be accompanied by— a copy of the traditional use of marine resources agreement; and written confirmation, by the relevant representative Aboriginal/Torres Strait Islander body for the area, that each member of the traditional owner group in whose name the application is made is a traditional owner for the area in the marine park to which the agreement relates. (sec.74-ssec.4) If the chief executive agrees, the applicant may amend the application before the chief executive decides the application. (sec.74-ssec.5) In this section— representative Aboriginal/Torres Strait Islander body has the meaning given by the Native Title Act 1993 (Cwlth) .
The chief executive may, by notice, ask the applicant to give the chief executive, within the reasonable period stated in the notice, further information or documents the chief executive reasonably requires to decide the application. The chief executive may refuse the application if the applicant does not, without reasonable excuse, give the chief executive the further information or documents within the period stated in the notice. (sec.75-ssec.1) The chief executive may, by notice, ask the applicant to give the chief executive, within the reasonable period stated in the notice, further information or documents the chief executive reasonably requires to decide the application. (sec.75-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 within the period stated in the notice.
The chief executive must— if the application for accreditation of the traditional use of marine resources agreement is a properly made application—consider the application; and decide to— grant the application with or without imposing a condition on the accreditation of the agreement; or refuse to grant the application. If the chief executive decides to grant the application, the chief executive must also decide when the accreditation for the traditional use of marine resources agreement is to have effect and when it is to cease to have effect. In this section— properly made application means an application— that complies with section 74 (3) ; and for which any requests for information made under section 75 have been complied with. (sec.76-ssec.1) The chief executive must— if the application for accreditation of the traditional use of marine resources agreement is a properly made application—consider the application; and decide to— grant the application with or without imposing a condition on the accreditation of the agreement; or refuse to grant the application. (sec.76-ssec.2) If the chief executive decides to grant the application, the chief executive must also decide when the accreditation for the traditional use of marine resources agreement is to have effect and when it is to cease to have effect. (sec.76-ssec.3) In this section— properly made application means an application— that complies with section 74 (3) ; and for which any requests for information made under section 75 have been complied with.
The chief executive must consider the application having regard to each of the following matters— the terms of the traditional use of marine resources agreement; the objects to be achieved for each zone or designated area in which the traditional use of marine resources provided for under the agreement is proposed to be carried out; the likely effect of the accreditation of the agreement on future options for management of the marine park; the nature and scale of the proposed traditional use of marine resources under the agreement; the conservation of the natural resources of the marine park, including— the need to conserve protected species in the marine park; and the capability of the population of animals 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 under the agreement on the environment; and the adequacy of safeguards for the environment under the agreement; the likely effects of the proposed traditional use of marine resources under the agreement on the areas adjacent to each zone or designated area mentioned in paragraph (b) ; any existing agreements or arrangements between the chief executive and the traditional owner group that prepared the agreement; any law or policy relevant to the proposed traditional use of marine resources under the agreement; any other relevant matters, including, for example, any action necessary to avoid, remedy or minimise an unacceptable environmental impact on the marine park.
This section applies if the chief executive decides to grant the application. The chief executive must accredit the traditional use of marine resources agreement by giving the applicant— a certificate (the accreditation certificate ) stating— that the agreement is accredited under this section; and the period for which the agreement is accredited, including the day the accreditation starts and the day it ends (the accreditation period ); and any conditions imposed on the accreditation of the agreement under section 79 ; and a copy of the accredited agreement. The chief executive must also publish a notice on the department’s website stating the agreement is an accredited traditional use of marine resources agreement for this plan. (sec.78-ssec.1) This section applies if the chief executive decides to grant the application. (sec.78-ssec.2) The chief executive must accredit the traditional use of marine resources agreement by giving the applicant— a certificate (the accreditation certificate ) stating— that the agreement is accredited under this section; and the period for which the agreement is accredited, including the day the accreditation starts and the day it ends (the accreditation period ); and any conditions imposed on the accreditation of the agreement under section 79 ; and a copy of the accredited agreement. (sec.78-ssec.3) The chief executive must also publish a notice on the department’s website stating the agreement is an accredited traditional use of marine resources agreement for this plan.
The chief executive may impose a condition on the accreditation of the traditional use of marine resources agreement. Without limiting subsection (1) , a condition imposed under subsection (1) may include a condition of the following type— a condition allowing the holders of the accreditation to authorise other persons to carry out activities under the agreement and stating the maximum number of persons the holders may authorise; a condition that is appropriate for achieving the main purpose of the Act , including, for example, a condition requiring a stated person to give the chief executive a written undertaking for activities carried out under the agreement. (sec.79-ssec.1) The chief executive may impose a condition on the accreditation of the traditional use of marine resources agreement. (sec.79-ssec.2) Without limiting subsection (1) , a condition imposed under subsection (1) may include a condition of the following type— a condition allowing the holders of the accreditation to authorise other persons to carry out activities under the agreement and stating the maximum number of persons the holders may authorise; a condition that is appropriate for achieving the main purpose of the Act , including, for example, a condition requiring a stated person to give the chief executive a written undertaking for activities carried out under the agreement.
If the chief executive decides to refuse the application, the chief executive must, within 14 days after making the decision, give the applicant an information notice about the decision.
The accreditation of a traditional use of marine resources agreement remains in force for the accreditation period for the agreement, unless the accreditation is sooner ended under section 82 or suspended or cancelled under division 5 . (sec.81-ssec) The accreditation of a traditional use of marine resources agreement remains in force for the accreditation period for the agreement, unless the accreditation is sooner ended under section 82 or suspended or cancelled under division 5 .
The holders of the accreditation of a traditional use of marine resources agreement may end the accreditation by giving notice to the chief executive before the end of the accreditation period for the agreement. The accreditation ceases to have effect on— the day the chief executive receives the notice; or if the notice states a later day that is before the end of the accreditation period—the later day. (sec.82-ssec.1) The holders of the accreditation of a traditional use of marine resources agreement may end the accreditation by giving notice to the chief executive before the end of the accreditation period for the agreement. (sec.82-ssec.2) The accreditation ceases to have effect on— the day the chief executive receives the notice; or if the notice states a later day that is before the end of the accreditation period—the later day.
This division applies if— the accreditation of a traditional use of marine resources agreement is subject to a condition stating that the holders of the accreditation may authorise another person to carry out, for a stated period, an activity that may be carried out under the agreement; and the holders of the accreditation authorise a person (an appointed person ) to carry out the activity under the condition. (sec.83-ssec) This division applies if— the accreditation of a traditional use of marine resources agreement is subject to a condition stating that the holders of the accreditation may authorise another person to carry out, for a stated period, an activity that may be carried out under the agreement; and the holders of the accreditation authorise a person (an appointed person ) to carry out the activity under the condition.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This zoning plan may be cited as the Marine Parks (Great Sandy) Zoning Plan 2024 . This zoning plan may also be cited as the Great Sandy Marine Park Zoning Plan. (sec.1-ssec.1) This zoning plan may be cited as the Marine Parks (Great Sandy) Zoning Plan 2024 . (sec.1-ssec.2) This zoning plan may also be cited as the Great Sandy Marine Park Zoning Plan.
This plan commences on 21 May 2024.
This plan applies to the Great Sandy Marine Park. The application of this plan to native title holders under the Native Title Act 1993 (Cwlth) may be affected by section 211 of that Act.
The dictionary in schedule 6 defines particular words used in this plan. Subject to subsection (1) , and unless this plan provides otherwise, terms used in this plan have the meaning given under the Marine Parks Regulation 2017 . (sec.4-ssec.1) The dictionary in schedule 6 defines particular words used in this plan. (sec.4-ssec.2) Subject to subsection (1) , and unless this plan provides otherwise, terms used in this plan have the meaning given under the Marine Parks Regulation 2017 .
Anchor , a vessel or an aircraft, includes— secure the vessel or aircraft, in any way, to a thing, other than an approved mooring or lawful structure; and ground the vessel or aircraft; and use an anchor and anchor chain or rope in a way that, if attached to the vessel or aircraft, will limit the movement of the vessel or aircraft. In this section— approved mooring means— a mooring installed by the State or with a permission; or a buoy mooring established under the Transport Operations (Marine Safety) Act 1994 . lawful structure means a structure, other than a mooring, built in compliance with the requirements, under any Act, relating to the structure. (sec.5-ssec.1) Anchor , a vessel or an aircraft, includes— secure the vessel or aircraft, in any way, to a thing, other than an approved mooring or lawful structure; and ground the vessel or aircraft; and use an anchor and anchor chain or rope in a way that, if attached to the vessel or aircraft, will limit the movement of the vessel or aircraft. (sec.5-ssec.2) In this section— approved mooring means— a mooring installed by the State or with a permission; or a buoy mooring established under the Transport Operations (Marine Safety) Act 1994 . lawful structure means a structure, other than a mooring, built in compliance with the requirements, under any Act, relating to the structure.
Gives the chief executive powers to issue time‑limited prohibited‑area notices for urgent threats (section 49), to require consultation by public entities operating in designated areas (section 28), and to impose conditions on permissions and accredited agreements (sections 27, 78–79, 86–92).
Preserves continuity and transitions from the 2017 zoning plan including limited continuation of prior authorisations, existing accredited traditional‑use agreements, and existing transit or prohibited area notices during the transition (sections 105–113).
Who this affects (stakeholders and roles)
Recreational users (boaters, fishers, spearfishers, snorkellers, divers): new and continuing limits on gear, catch and behaviour depending on zone (examples: limited spearfishing equipment prohibited—section 101; limits on take and possession—section 97; crabbing apparatus specified—section 96).
Commercial fishers and aquaculture operators: many commercial activities continue but some methods are restricted by zone or designated area; certain commercial fisheries remain accredited and may operate subject to accreditation rules and fishery instruments (sections 14–21, 94–96, 103).
Tourism operators and dive clubs: permissions and operating conditions apply in higher‑protection zones and designated areas (sections 15, 21, 24, 44–48). The grey nurse shark area imposes maximum diver numbers, briefing and night‑diving restrictions (sections 43–48).
Traditional owner groups: can prepare traditional use agreements and seek accreditation that authorises harvesting and other customary uses under conditions (sections 72–79; accreditation certificate in section 78).
Resource explorers and tenement holders (mineral, petroleum, geothermal): existing holders may still apply to enter or use zones for exploration or production where the relevant State Commonwealth authorisations exist (sections 15(1)(n)–(o)).
Public entities (emergency services, defence, port authorities) and enforcement agencies: have express exceptions for emergency and essential public services (sections 66–69) and duties to consult in certain circumstances (section 28).
Why it matters (purpose claims and operational effects)
Stated purposes: to protect natural and cultural values (habitat, turtles, dugongs, grey nurse sharks, shorebirds, the ex‑HMAS Tobruk wreck), to provide safe and managed opportunities for appreciation and research, and to manage user behaviour so these objects are achieved (see objects sections for zones and named areas, e.g. sections 13, 16, 19, 22, 29, 32, 35, 37, 41, 53, 55, 57, 59, 61, 63).
Concrete operational effect: the plan converts those policy goals into bright‑line spatial rules and activity lists. Users who previously relied on broader access will see tighter location‑based prohibitions (e.g. no‑trawling seasons in the turtle protection area — section 64), speed limits and planing prohibitions in go‑slow areas (section 36, 38), and no‑anchoring zones (section 56). Conversely, the plan preserves a formal pathway for traditional and research uses via accreditation and permissions (Parts 5 and sections 98–101).
Costs, incentives and trade‑offs (market‑aware test)
Who pays: private users bear compliance costs (applications, conditions, changes to operations, potential lost catch or tourism capacity); accredited traditional owner groups and permitted commercial operators gain concentrated authorisations; the department (chief executive) bears administrative and enforcement costs. Penalties for breaches range up to 120 penalty units for certain breaches (examples: up to 120 penalty units for breaching go‑slow turtle/dugong speed restrictions — section 38; up to 100 penalty units in many designated‑area prohibitions such as interference with the ex‑HMAS Tobruk — section 31).
Regulatory burden and discretion: the chief executive has wide discretion to grant, condition, amend, suspend or cancel permissions and accreditations (see sections 30, 76–79, 86–92). That creates administrative workload and introduces regulatory discretion risk — outcomes can vary by decision‑maker and are likely to favour applicants who prepare more complete applications or can negotiate commercial activity agreements.
Incentives and substitution: restrictions in higher‑protection zones will tend to shift extractive and motorised activities to lower‑protection zones or outside the park unless permissions are obtained (sections 11, 12, 26). That may concentrate pressure elsewhere and change operational costs for fishers and tourism operators.
Concentrated benefits / diffuse costs: accredited traditional use agreements and permissions deliver concentrated benefits to particular claimant groups or firms; costs (reduced catch, restricted navigation routes, speed limits) are spread among many recreational and commercial users.
Retained commercial options: existing mineral/petroleum tenure holders retain rights to apply for entry/use consistent with their State/ Commonwealth authorities (section 15(1)(n)–(o)), so the plan is not a blanket ban on resource development where other statutory rights exist.
Implementation risks and practical points
Spatial precision and compliance: the plan defines positions by GDA2020 (section 7) and sets many geometry‑based boundaries in Schedules 1–2. Users must use exact coordinates to determine what rules apply, which raises practical compliance needs (GPS, charts).
Maps vs legal text: the department may publish indicative maps, but the plan states the online maps are not incorporated into the legal instrument (sections 12(5) and 25(4)). Legal effect flows from the written coordinates and schedules, not the indicative map. This can cause public confusion unless maps are kept current and clearly linked to schedules.
Administrative bandwidth: the plan introduces numerous procedural pathways (permissions, notices, accredited agreements, prohibited area notices, show‑cause processes). That will require consistent resourcing to process applications, manage accredited agreements, publish notices and enforce rules (see Part 5 and sections 49–51, 69, 90–92).
Key examples of rules
Zones established (section 12). The zones are hierarchical: if zones overlap, the higher‑protection zone prevails (s12(3)).
General use zone: many recreational and low‑impact commercial activities permitted without permission; other activities require permission (sections 13–15).
Grey nurse shark area: bans night diving except for specially authorised research (sections 42–43); bans touching/feeding/chasing and use of certain electrical or mechanical apparatus; allows short‑term prohibited‑area notices (sections 43–51).
Ex‑HMAS Tobruk: entry/ use forbidden without permission or commercial authorisation; strong protection for the wreck (sections 30–31).
Mon Repos: night‑time closures during the turtle season, restrictions on lights, vehicle use and domestic animals (section 54).
Accredited traditional use agreements: application requirements, decision criteria balancing conservation and cultural use, accreditation certificate and conditions, delegation to holders to authorise others within limits, and review/amendment/suspension procedures (sections 72–92).
Practical takeaways (who decides, who pays, what changes)
Who decides: the Department chief executive decides permissions, accreditation, prohibited‑area notices and may impose conditions or revoke/suspend accreditations (see sections 27, 30, 42, 49, 76, 78, 86–92).
Who pays: private operators and users pay for compliance (time, applications, altered operations), and may face fines for breaches. Some public‑benefit costs (management, enforcement) fall to the State department.
What behaviour changes: users will need to check zone/designated‑area boundaries and the plan’s activity lists before operating. Some activities (trawling in certain seasons, anchoring in no‑anchor areas, fast planing through go‑slow areas, unlicensed night dives at grey nurse sites) are restricted and will require changes to practice, timing or location.
Primary sections to inspect first if you operate in the park: zone/area definitions (section 12; Schedules 1–2), activities allowed without permission vs with permission per zone (sections 14–24), designated‑area prohibitions (Part 3 divisions and Schedules 2), traditional use accreditation procedures (Part 5), and emergency / notice exceptions (sections 66–69).
This section applies if— a person is authorised under this plan to enter or use a zone to anchor a vessel or an aircraft at a place in the zone for a period; and the person anchors the vessel or aircraft at the place. The person is taken to continue to anchor the vessel or aircraft at the place until the vessel or aircraft is moved and anchored at least 1 nautical mile from the place. (sec.6-ssec.1) This section applies if— a person is authorised under this plan to enter or use a zone to anchor a vessel or an aircraft at a place in the zone for a period; and the person anchors the vessel or aircraft at the place. (sec.6-ssec.2) The person is taken to continue to anchor the vessel or aircraft at the place until the vessel or aircraft is moved and anchored at least 1 nautical mile from the place.
In this plan, position is defined by reference to GDA2020. In this section— GDA2020 means the Reference Frame under the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 (Cwlth) as in force on 1 July 2020. (sec.7-ssec.1) In this plan, position is defined by reference to GDA2020. (sec.7-ssec.2) In this section— GDA2020 means the Reference Frame under the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 (Cwlth) as in force on 1 July 2020.
A reference to a particular zone by name is a reference to the zone of that name established under section 12 (1) and each area described in schedule 1 , any of parts 1 to 4 , for the zone.
A reference to a particular designated area by name is a reference to the designated area of that name established under section 25 (1) and each area described in schedule 2 , any of parts 1 to 11 , for the designated area.
A reference to a fish habitat area by name is a reference to the declared fish habitat area of that name, under the Fisheries Act 1994 , as in effect on the commencement. The declared fish habitat areas are mentioned in the Fisheries (General) Regulation 2019 , schedule 3 . See schedule 3 of that regulation as it was in force on the commencement.
This section applies if an authorisation or restriction applying to a person under this part is inconsistent with an authorisation or restriction applying to the person under part 4 or 6 . The authorisation or restriction under part 4 or 6 prevails to the extent of the inconsistency. (sec.11-ssec.1) This section applies if an authorisation or restriction applying to a person under this part is inconsistent with an authorisation or restriction applying to the person under part 4 or 6 . (sec.11-ssec.2) The authorisation or restriction under part 4 or 6 prevails to the extent of the inconsistency.
Each of the following zones is established for the marine park— the general use zone; the habitat protection zone; the conservation park zone; the marine national park zone. The zones are listed in subsection (1) in ascending order of the level of protection given to them under this plan. The parts of the marine park comprising each zone are described in schedule 1 . If 2 or more zones overlap, the area of the overlap is taken to be in the zone with the highest level of protection under this plan. To help users of this plan, an indicative map showing all of the zones is available for inspection on the department’s website. The indicative map is not applied, adopted or incorporated by this plan. (sec.12-ssec.1) Each of the following zones is established for the marine park— the general use zone; the habitat protection zone; the conservation park zone; the marine national park zone. (sec.12-ssec.2) The zones are listed in subsection (1) in ascending order of the level of protection given to them under this plan. (sec.12-ssec.3) The parts of the marine park comprising each zone are described in schedule 1 . (sec.12-ssec.4) If 2 or more zones overlap, the area of the overlap is taken to be in the zone with the highest level of protection under this plan.
The objects to be achieved for the general use zone are the objects stated in the Marine Parks Regulation 2017 , schedule 1 , section 1 .
A person may enter or use the general use zone without a permission for any of the following purposes— to carry out a low impact activity not involving fishing or collecting; to carry out any of the following activities relating to fishing or collecting— bait gathering; crabbing; limited collecting; limited spearfishing; line fishing; netting, including bait netting; trawling; trolling; to carry out fishing or collecting for a relevant accredited harvest fishery in compliance with any requirements applying to the accreditation of the fishery; to carry out a traditional use of marine resources that— includes another activity mentioned in this section; or is carried out under an accredited traditional use of marine resources agreement; to carry out a limited media activity; to carry out limited impact research (extractive) or limited impact research (non-extractive); to conduct a limited educational program; to anchor a vessel or aircraft at a place in the zone for not more than— 14 consecutive days; or 30 days in any period of 60 days; See section 6 (Period for which vessel or aircraft taken to be anchored). to navigate a vessel, other than a managed vessel, or an aircraft, if equipment normally used for an activity relating to fishing or collecting is stowed or secured when the vessel or aircraft is in a part of the zone in which the use of the equipment is not authorised under the Act .
A person may enter or use the general use zone with a permission for any of the following purposes— to carry out an activity relating to fishing or collecting, other than an activity mentioned in section 14 (b) , for— a harvest fishery, other than a relevant accredited harvest fishery; or a developmental fishery program; or the collecting of an animal, plant or other marine resource, other than limited collecting; to carry out a traditional use of marine resources, other than a traditional use of marine resources mentioned in section 14 (d) ; to conduct an aquaculture operation, other than an aquaculture operation involving the addition of feed; to conduct a tourism program; to carry out a media activity, other than a limited media activity; to carry out research, other than research mentioned in section 14 (f) ; to conduct an educational program, other than a limited educational program; to conduct a vessel or aircraft charter operation; to anchor a vessel or aircraft at a place in the zone for more than— 14 consecutive days; or 30 days in any period of 60 days; See section 6 (Period for which vessel or aircraft taken to be anchored). to navigate a managed vessel; to operate a facility for a purpose that is consistent with the objects to be achieved for the zone; to carry out works consistent with the objects to be achieved for the zone; to carry out a program for taking a plant or animal that poses a threat to— human life or safety; or a marine ecosystem in the marine park; or the use or amenity of an area in, or adjacent to, the marine park; to explore for or mine for minerals, if the person is the holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining; to explore for or produce petroleum, if the person— is the holder of a lease, licence or other authority under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 that authorises the exploration or production; or is the holder of a 1923 Act petroleum tenure under the Petroleum Act 1923 that authorises the exploration or production; to carry out geothermal exploration, if the person is the holder of a permit under the Geothermal Energy Act 2010 that authorises the exploration; another purpose, other than a purpose mentioned in section 14 , that is consistent with the objects to be achieved for the zone. Subsection (1) (k) does not apply to operating a facility that is a vessel for a purpose mentioned in section 14 . (sec.15-ssec.1) A person may enter or use the general use zone with a permission for any of the following purposes— to carry out an activity relating to fishing or collecting, other than an activity mentioned in section 14 (b) , for— a harvest fishery, other than a relevant accredited harvest fishery; or a developmental fishery program; or the collecting of an animal, plant or other marine resource, other than limited collecting; to carry out a traditional use of marine resources, other than a traditional use of marine resources mentioned in section
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