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Queensland regulation
**What this instrument does (mechanics)
Establishes the zoning system, designated areas and rules for the Moreton Bay Marine Park. It creates four zone types (general use, habitat protection, conservation park and marine national park) with increasing levels of protection and describes the exact boundaries in schedule 1 (sec 8; schedules).
Lists what people can do without a permission and what requires a permission in each zone (secs 10–20). Many everyday low‑impact activities are allowed without a permission in lower‑protection zones; higher‑impact or otherwise restricted activities (commercial fisheries not accredited, aquaculture with feed, tourism programs, long‑term anchoring, major works, exploration/mining, some research) require a permission (secs 10–20).
Establishes designated areas for “special management” (e.g. go‑slow areas, turtle/dugong go‑slow areas, grey nurse shark areas, disposal/extraction areas, material disposal/extraction, mooring and no‑anchoring areas, works areas) and sets additional, area‑specific rules (sec 22; schedules 2 and 3). Designated‑area restrictions add to the basic zone rules (sec 23).
Sets decision criteria and administrative processes for permissions and major works: the chief executive must consider environmental/amenity/hydrological/cumulative impacts and shorebird protection when deciding permissions (sec 6). Major works in the park need Ministerial consideration, public notice and, where required, an environmental impact statement paid for by the proponent (secs 63–65).
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Direct links to the current provisions in Marine Parks (Moreton Bay) Zoning Plan 2019.
This zoning plan may be cited as the Marine Parks (Moreton Bay) Zoning Plan 2019 . This zoning plan may also be cited as the Moreton Bay Marine Park Zoning Plan. (sec.1-ssec.1) This zoning plan may be cited as the Marine Parks (Moreton Bay) Zoning Plan 2019 . (sec.1-ssec.2) This zoning plan may also be cited as the Moreton Bay Marine Park Zoning Plan.
This plan commences on 1 September 2019.
This plan applies to the Moreton Bay Marine Park as mentioned in the Marine Parks (Declaration) Regulation 2006 , section 8 and described in schedule 1 of that regulation ( the marine park ).
The dictionary in schedule 5 defines particular words used in this plan. Subject to subsection (1) , and unless this plan provides otherwise, words used in this plan have the meaning given under the Marine Parks Regulation 2017 . (sec.4-ssec.1) The dictionary in schedule 5 defines particular words used in this plan. (sec.4-ssec.2) Subject to subsection (1) , and unless this plan provides otherwise, words used in this plan have the meaning given under the Marine Parks Regulation 2017 .
The latitudes and longitudes used to describe an area mentioned in this plan are worked out using the Geocentric Datum of Australia, commonly called ‘GDA94’, notified in the Commonwealth of Australia Gazette No. GN 35 on 6 September 1995, at page 3,369.
This section applies in relation to an application for a permission, under the Marine Parks Regulation 2017 , part 3 , to enter or use a zone in the marine park. The chief executive must consider the following for the application— whether the proposed entry to or use of the zone will have an unacceptable environmental impact on the zone; whether the proposed entry to or use of the zone is consistent with the maintenance of the biological diversity and ecological functioning of the marine park; whether the proposed entry to or use of the zone will cause a loss of vegetation essential to the natural productivity of the marine park; whether the proposed entry to or use of the zone will prejudice the natural amenity and condition of the marine park; any effect the proposed entry to or use of the zone will have on the environment as a result of the marine park’s natural hydrological pattern or natural coastal processes; the cumulative impact on the marine park of the proposed entry to or use of the zone and any other entry to or use of the marine park, particularly the cumulative impact of small-scale developments for which an EIS is not required; installing a boat ramp or jetty laying a stormwater or discharge pipe the effect of the proposed entry to or use of the zone on— shorebirds, particularly international migratory species of shorebird; and the need to protect shorebirds and the habitat of shorebirds; if the proposed entry to or use of the zone involves the entry to or use of a designated area—the objects to be achieved for the area. Subsection (2) does not limit the matters the chief executive must have regard to under the Marine Parks Regulation 2017 , part 3 in considering the application. See the Marine Parks Regulation 2017 , part 3 for other matters the chief executive must and may have regard to in considering an application for a permission. Despite subsection (2) , if the purpose of the proposed entry to or use of the zone is to carry out major works that are inconsistent with the objects to be achieved for the general use zone or the habitat protection zone, the chief executive need not consider the matters mentioned in subsection (2) (a) to (d) . In this section— international migratory species , of shorebird, means a species of shorebird that has travelled from a location outside Australia. (sec.6-ssec.1) This section applies in relation to an application for a permission, under the Marine Parks Regulation 2017 , part 3 , to enter or use a zone in the marine park. (sec.6-ssec.2) The chief executive must consider the following for the application— whether the proposed entry to or use of the zone will have an unacceptable environmental impact on the zone; whether the proposed entry to or use of the zone is consistent with the maintenance of the biological diversity and ecological functioning of the marine park; whether the proposed entry to or use of the zone will cause a loss of vegetation essential to the natural productivity of the marine park; whether the proposed entry to or use of the zone will prejudice the natural amenity and condition of the marine park; any effect the proposed entry to or use of the zone will have on the environment as a result of the marine park’s natural hydrological pattern or natural coastal processes; the cumulative impact on the marine park of the proposed entry to or use of the zone and any other entry to or use of the marine park, particularly the cumulative impact of small-scale developments for which an EIS is not required; installing a boat ramp or jetty laying a stormwater or discharge pipe the effect of the proposed entry to or use of the zone on— shorebirds, particularly international migratory species of shorebird; and the need to protect shorebirds and the habitat of shorebirds; if the proposed entry to or use of the zone involves the entry to or use of a designated area—the objects to be achieved for the area. (sec.6-ssec.3) Subsection (2) does not limit the matters the chief executive must have regard to under the Marine Parks Regulation 2017 , part 3 in considering the application. See the Marine Parks Regulation 2017 , part 3 for other matters the chief executive must and may have regard to in considering an application for a permission. (sec.6-ssec.4) Despite subsection (2) , if the purpose of the proposed entry to or use of the zone is to carry out major works that are inconsistent with the objects to be achieved for the general use zone or the habitat protection zone, the chief executive need not consider the matters mentioned in subsection (2) (a) to (d) . (sec.6-ssec.5) In this section— international migratory species , of shorebird, means a species of shorebird that has travelled from a location outside Australia.
This part is subject to parts 4 , 5 and 8 .
The following zones are established for the marine park— general use zone; habitat protection zone; conservation park zone; marine national park zone. The zones are listed in ascending order of the level of protection given to them under this plan. The boundaries of the areas comprising each zone are described in schedule 1 . For this plan, if the boundaries of 2 zones described in schedule 1 overlap, the area of the overlap is taken to be part of the zone with the higher 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.8-ssec.1) The following zones are established for the marine park— general use zone; habitat protection zone; conservation park zone; marine national park zone. The zones are listed in ascending order of the level of protection given to them under this plan. (sec.8-ssec.2) The boundaries of the areas comprising each zone are described in schedule 1 . (sec.8-ssec.3) For this plan, if the boundaries of 2 zones described in schedule 1 overlap, the area of the overlap is taken to be part of the zone with the higher 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.
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 an area in 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 fishing or collecting of any of the following types— bait gathering; crabbing; for a relevant accredited harvest fishery—fishing or collecting under the fishery’s accreditation; limited collecting; limited spearfishing; line fishing; netting, including bait netting; trawling; trolling; 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), for an accredited educational institution or accredited research institution under the institution’s accreditation; to conduct a limited educational program; to operate an aircraft at an altitude of— more than 500ft; or 500ft or less to take off from, or land at, a place outside the marine park; to navigate a vessel, other than a managed vessel, if equipment usually used for an activity involving fishing or collecting is stowed or secured when the vessel is in an area of the zone in which the use of the equipment is not authorised under the Act .
A person may enter or use an area in the general use zone with a permission for any of the following purposes— to carry out fishing or collecting, other than of a type mentioned in section 10 (b) , for— a harvest fishery other than a relevant accredited harvest fishery; or a developmental fishery program; or collecting other than limited collecting; to carry out a traditional use of marine resources, other than a traditional use of marine resources mentioned in section 10 (c) ; 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 10 (e) ; to conduct an educational program, other than a limited educational program; to conduct a vessel charter operation; to anchor a vessel in a particular area in the zone for more than— 14 consecutive days; or 30 days in any period of 60 days; to navigate a managed vessel; to operate a facility for a purpose consistent with the objects to be achieved for the zone, other than operating a vessel for a purpose mentioned in section 10 ; to operate an aircraft— at an altitude of 500ft or less; or to take off from, or land at, a place in the marine park; to carry out works consistent with the objects to be achieved for the zone; to carry out major works in a works area; to install, modify, relocate or remove a private structure, or part of a private structure; to carry out a program for taking a plant, animal or marine resource that poses a threat to— human life or safety; or the marine park’s marine ecosystems; or the use or amenity of an area in, or adjacent to, the marine park; to explore 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 geothermal permit under the Geothermal Energy Act 2010 that authorises the exploration; another purpose, other than a purpose mentioned in section 10 , that is consistent with the objects to be achieved for the zone. For subsection (1) (i) , a person is taken to continue to anchor a vessel in a particular area in the general use zone during a period unless, during the period, the vessel is moved and anchored at least 1 nautical mile from the area. In this section— private structure means a boat ramp, jetty or pontoon that is unavailable for use by the public. (sec.11-ssec.1) A person may enter or use an area in the general use zone with a permission for any of the following purposes— to carry out fishing or collecting, other than of a type mentioned in section 10 (b) , for— a harvest fishery other than a relevant accredited harvest fishery; or a developmental fishery program; or collecting other than limited collecting; to carry out a traditional use of marine resources, other than a traditional use of marine resources mentioned in section 10 (c) ; 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 10 (e) ; to conduct an educational program, other than a limited educational program; to conduct a vessel charter operation; to anchor a vessel in a particular area in the zone for more than— 14 consecutive days; or 30 days in any period of 60 days; to navigate a managed vessel; to operate a facility for a purpose consistent with the objects to be achieved for the zone, other than operating a vessel for a purpose mentioned in section 10 ; to operate an aircraft— at an altitude of 500ft or less; or to take off from, or land at, a place in the marine park; to carry out works consistent with the objects to be achieved for the zone; to carry out major works in a works area; to install, modify, relocate or remove a private structure, or part of a private structure; to carry out a program for taking a plant, animal or marine resource that poses a threat to— human life or safety; or the marine park’s marine ecosystems; or the use or amenity of an area in, or adjacent to, the marine park; to explore 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 geothermal permit under the Geothermal Energy Act 2010 that authorises the exploration; another purpose, other than a purpose mentioned in section 10 , that is consistent with the objects to be achieved for the zone. (sec.11-ssec.2) For subsection (1) (i) , a person is taken to continue to anchor a vessel in a particular area in the general use zone during a period unless, during the period, the vessel is moved and anchored at least 1 nautical mile from the area. (sec.11-ssec.3) In this section— private structure means a boat ramp, jetty or pontoon that is unavailable for use by the public.
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 an area in 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 fishing or collecting of any of the following types— bait gathering; crabbing; for a relevant accredited harvest fishery—fishing or collecting under the fishery’s accreditation; limited collecting; limited spearfishing; line fishing; netting, including bait netting; trolling; 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), for an accredited educational institution or accredited research institution under the institution’s accreditation; to conduct a limited educational program; to operate an aircraft at an altitude of— more than 500ft; or 500ft or less to take off from, or land at, a place outside the marine park; to navigate a vessel, other than a ship or managed vessel, if equipment usually used for an activity involving fishing or collecting is stowed or secured when the vessel is in an area of the zone in which the use of the equipment is not authorised under the Act . (sec.13-ssec) A person may enter or use an area in 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 fishing or collecting of any of the following types— bait gathering; crabbing; for a relevant accredited harvest fishery—fishing or collecting under the fishery’s accreditation; limited collecting; limited spearfishing; line fishing; netting, including bait netting; trolling; 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), for an accredited educational institution or accredited research institution under the institution’s accreditation; to conduct a limited educational program; to operate an aircraft at an altitude of— more than 500ft; or 500ft or less to take off from, or land at, a place outside the marine park; to navigate a vessel, other than a ship or managed vessel, if equipment usually used for an activity involving fishing or collecting is stowed or secured when the vessel is in an area of the zone in which the use of the equipment is not authorised under the Act .
A person may enter or use an area in the habitat protection zone with a permission for any of the following purposes— to carry out fishing or collecting, other than of a type mentioned in section 13 (b) , for— a harvest fishery other than a relevant accredited harvest fishery; or a developmental fishery program; or collecting other than limited collecting; to carry out a traditional use of marine resources, other than a traditional use of marine resources mentioned in section 13 (c) ; 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 13 (e) ; to conduct an educational program, other than a limited educational program; to conduct a vessel charter operation; to anchor a vessel in a particular area in the zone for more than— 14 consecutive days; or 30 days in any period of 60 days; to navigate a ship or managed vessel; to operate a facility for a purpose consistent with the objects to be achieved for the zone, other than operating a vessel for a purpose mentioned in section 13 ; to operate an aircraft— at an altitude of 500ft or less; or to take off from, or land at, a place in the marine park; to carry out works consistent with the objects to be achieved for the zone; to carry out major works in a works area; to carry out a program for taking a plant, animal or marine resource that poses a threat to— human life or safety; or the marine park’s marine ecosystems; or the use or amenity of an area in, or adjacent to, the marine park; another purpose, other than a purpose mentioned in section 13 , that is consistent with the objects to be achieved for the zone. For subsection (1) (i) , a person is taken to continue to anchor a vessel in a particular area in the habitat protection zone during a period unless, during the period, the vessel is moved and anchored at least 1 nautical mile from the area. (sec.14-ssec.1) A person may enter or use an area in the habitat protection zone with a permission for any of the following purposes— to carry out fishing or collecting, other than of a type mentioned in section 13 (b) , for— a harvest fishery other than a relevant accredited harvest fishery; or a developmental fishery program; or collecting other than limited collecting; to carry out a traditional use of marine resources, other than a traditional use of marine resources mentioned in section 13 (c) ; 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 13 (e) ; to conduct an educational program, other than a limited educational program; to conduct a vessel charter operation; to anchor a vessel in a particular area in the zone for more than— 14 consecutive days; or 30 days in any period of 60 days; to navigate a ship or managed vessel; to operate a facility for a purpose consistent with the objects to be achieved for the zone, other than operating a vessel for a purpose mentioned in section 13 ; to operate an aircraft— at an altitude of 500ft or less; or to take off from, or land at, a place in the marine park; to carry out works consistent with the objects to be achieved for the zone; to carry out major works in a works area; to carry out a program for taking a plant, animal or marine resource that poses a threat to— human life or safety; or the marine park’s marine ecosystems; or the use or amenity of an area in, or adjacent to, the marine park; another purpose, other than a purpose mentioned in section 13 , that is consistent with the objects to be achieved for the zone. (sec.14-ssec.2) For subsection (1) (i) , a person is taken to continue to anchor a vessel in a particular area in the habitat protection zone during a period unless, during the period, the vessel is moved and anchored at least 1 nautical mile from the area.
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 an area in 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 fishing or collecting of any of the following types— bait gathering; bait netting; for a relevant accredited harvest fishery that is the aquarium fish fishery or the beachworm fishery—fishing or collecting under the fishery’s accreditation; limited collecting; limited crabbing; limited line fishing; limited spearfishing; limited trolling; 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), for an accredited educational institution or accredited research institution under the institution’s accreditation; to conduct a limited educational program; to operate an aircraft at an altitude of— more than 500ft; or 500ft or less to take off from, or land at, a place outside the marine park; to navigate a vessel, other than a ship or managed vessel, if equipment usually used for an activity involving fishing or collecting is stowed or secured when the vessel is in an area 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— in compliance with the Fisheries Declaration 2019 , section 157 or the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 7 , part 1 or 2 ; and 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.16-ssec.1) A person may enter or use an area in 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 fishing or collecting of any of the following types— bait gathering; bait netting; for a relevant accredited harvest fishery that is the aquarium fish fishery or the beachworm fishery—fishing or collecting under the fishery’s accreditation; limited collecting; limited crabbing; limited line fishing; limited spearfishing; limited trolling; 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), for an accredited educational institution or accredited research institution under the institution’s accreditation; to conduct a limited educational program; to operate an aircraft at an altitude of— more than 500ft; or 500ft or less to take off from, or land at, a place outside the marine park; to navigate a vessel, other than a ship or managed vessel, if equipment usually used for an activity involving fishing or collecting is stowed or secured when the vessel is in an area of the zone in which the use of the equipment is not authorised under the Act . (sec.16-ssec.2) In this section— limited crabbing means crabbing that is carried out— in compliance with the Fisheries Declaration 2019 , section 157 or the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 7 , part 1 or 2 ; and 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 an area in the conservation park zone with a permission for any of the following purposes— to carry out fishing or collecting, other than fishing or collecting mentioned in section 16 (1) (b) (iii) , for— a harvest fishery that is the aquarium fish fishery or the beachworm fishery; or a developmental fishery program; to carry out a traditional use of marine resources, other than a traditional use of marine resources mentioned in section 16 (1) (c) ; 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 16 (1) (e) ; to conduct an educational program, other than a limited educational program; to conduct a vessel charter operation; to anchor a vessel in a particular area in the zone for more than— 14 consecutive days; or 30 days in any period of 60 days; to navigate a ship or managed vessel; to operate a facility for a purpose consistent with the objects to be achieved for the zone, other than operating a vessel for a purpose mentioned in section 16 (1) ; to operate an aircraft— at an altitude of 500ft or less; or to take off from, or land at, a place in the marine park; to carry out works consistent with the objects to be achieved for the zone; to carry out a program for taking a plant, animal or marine resource that poses a threat to— human life or safety; or the marine park’s marine ecosystems; or the use or amenity of an area in, or adjacent to, the marine park; another purpose, other than a purpose mentioned in section 16 (1) , that is consistent with the objects to be achieved for the zone. For subsection (1) (i) , a person is taken to continue to anchor a vessel in a particular area in the conservation park zone during a period unless, during the period, the vessel is moved and anchored at least 1 nautical mile from the area. (sec.17-ssec.1) A person may enter or use an area in the conservation park zone with a permission for any of the following purposes— to carry out fishing or collecting, other than fishing or collecting mentioned in section 16 (1) (b) (iii) , for— a harvest fishery that is the aquarium fish fishery or the beachworm fishery; or a developmental fishery program; to carry out a traditional use of marine resources, other than a traditional use of marine resources mentioned in section 16 (1) (c) ; 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 16 (1) (e) ; to conduct an educational program, other than a limited educational program; to conduct a vessel charter operation; to anchor a vessel in a particular area in the zone for more than— 14 consecutive days; or 30 days in any period of 60 days; to navigate a ship or managed vessel; to operate a facility for a purpose consistent with the objects to be achieved for the zone, other than operating a vessel for a purpose mentioned in section 16 (1) ; to operate an aircraft— at an altitude of 500ft or less; or to take off from, or land at, a place in the marine park; to carry out works consistent with the objects to be achieved for the zone; to carry out a program for taking a plant, animal or marine resource that poses a threat to— human life or safety; or the marine park’s marine ecosystems; or the use or amenity of an area in, or adjacent to, the marine park; another purpose, other than a purpose mentioned in section 16 (1) , that is consistent with the objects to be achieved for the zone. (sec.17-ssec.2) For subsection (1) (i) , a person is taken to continue to anchor a vessel in a particular area in the conservation park zone during a period unless, during the period, the vessel is moved and anchored at least 1 nautical mile from the area.
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 an area in 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) for an accredited educational institution or accredited research institution under the institution’s accreditation; to operate an aircraft at an altitude of— more than 500ft; or 500ft or less to take off from, or land at, a place outside the marine park; to navigate a vessel, other than a ship or managed vessel, if equipment usually used for an activity involving fishing or collecting is stowed or secured when the vessel is in an area of the zone in which the use of the equipment is not authorised under the Act .
A person may enter or use an area in 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 19 (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 19 (d) , that the chief executive decides— is relevant to, and a priority for, the management of the marine park; or can not reasonably be conducted elsewhere; to conduct a limited educational program; to conduct a vessel charter operation; to anchor a vessel in a particular area in the zone for more than— 14 consecutive days; or 30 days in any period of 60 days; to navigate a ship or managed vessel; to operate a facility for a purpose consistent with the objects to be achieved for the zone, other than operating a vessel for a purpose mentioned in section 19 ; to operate an aircraft— at an altitude of 500ft or less; or to take off from, or land at, a place in the marine park; to carry out works consistent with the objects to be achieved for the zone; to carry out a program for taking a plant, animal or marine resource that poses a threat to— human life or safety; or the marine park’s marine ecosystems; or the use or amenity of an area in, or adjacent to, the marine park; another purpose, other than a purpose mentioned in section 19 , that is consistent with the objects to be achieved for the zone. For subsection (1) (g) , a person is taken to continue to anchor a vessel in a particular area in the marine national park zone during a period unless, during the period, the vessel is moved and anchored at least 1 nautical mile from the area. (sec.20-ssec.1) A person may enter or use an area in 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 19 (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 19 (d) , that the chief executive decides— is relevant to, and a priority for, the management of the marine park; or can not reasonably be conducted elsewhere; to conduct a limited educational program; to conduct a vessel charter operation; to anchor a vessel in a particular area in the zone for more than— 14 consecutive days; or 30 days in any period of 60 days; to navigate a ship or managed vessel; to operate a facility for a purpose consistent with the objects to be achieved for the zone, other than operating a vessel for a purpose mentioned in section 19 ; to operate an aircraft— at an altitude of 500ft or less; or to take off from, or land at, a place in the marine park; to carry out works consistent with the objects to be achieved for the zone; to carry out a program for taking a plant, animal or marine resource that poses a threat to— human life or safety; or the marine park’s marine ecosystems; or the use or amenity of an area in, or adjacent to, the marine park; another purpose, other than a purpose mentioned in section 19 , that is consistent with the objects to be achieved for the zone. (sec.20-ssec.2) For subsection (1) (g) , a person is taken to continue to anchor a vessel in a particular area in the marine national park zone during a period unless, during the period, the vessel is moved and anchored at least 1 nautical mile from the area.
This part is subject to parts 5 and 8 .
The following areas of the marine park are established as designated areas for special management— the disposal and extraction area; go slow areas for natural values; go slow areas for turtles and dugongs; grey nurse shark areas; the material disposal area; material extraction areas; mooring areas; no-anchoring areas; works areas. The boundaries of 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.22-ssec.1) The following areas of the marine park are established as designated areas for special management— the disposal and extraction area; go slow areas for natural values; go slow areas for turtles and dugongs; grey nurse shark areas; the material disposal area; material extraction areas; mooring areas; no-anchoring areas; works areas. (sec.22-ssec.2) The boundaries of each designated area are described in schedule 2 . (sec.22-ssec.3) 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.
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. (sec.23-ssec) 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 subdivision applies in relation to each of the following designated areas (each a relevant designated area )— a go slow area for natural values; a go slow area for turtles and dugongs; a grey nurse shark area; a mooring area; a no-anchoring area.
This section applies if— a person applies for a permission to enter or use a zone; and a relevant designated area is in the zone, or part of the zone. The chief executive must not grant the permission if entering or using the zone with the permission would be inconsistent with the objects to be achieved for the relevant designated area. See the Marine Parks Regulation 2017 , part 3 , and part 2 of this plan, for matters the chief executive must and may have regard to in considering an application for a permission. Despite subsection (2) , the chief executive may grant the permission if it relates to carrying out research the chief executive considers— is relevant to, and is a priority for, the management of the marine park; or can not reasonably be conducted elsewhere. (sec.25-ssec.1) This section applies if— a person applies for a permission to enter or use a zone; and a relevant designated area is in the zone, or part of the zone. (sec.25-ssec.2) The chief executive must not grant the permission if entering or using the zone with the permission would be inconsistent with the objects to be achieved for the relevant designated area. See the Marine Parks Regulation 2017 , part 3 , and part 2 of this plan, for matters the chief executive must and may have regard to in considering an application for a permission. (sec.25-ssec.3) Despite subsection (2) , the chief executive may grant the permission if it relates to carrying out research the chief executive considers— is relevant to, and is a priority for, the management of the marine park; or can not reasonably be conducted elsewhere.
A public entity exercising statutory powers in a relevant 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. (sec.26-ssec) A public entity exercising statutory powers in a relevant 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.
The chief executive must not grant a permission to extract sand from the marine park, unless the chief executive is satisfied— the sand is to be extracted from a material extraction area; or the sand is to be extracted for nourishment purposes; or the sand is to be extracted for operating a facility or carrying out works and is to be deposited in the place from where it was extracted. (sec.27-ssec) The chief executive must not grant a permission to extract sand from the marine park, unless the chief executive is satisfied— the sand is to be extracted from a material extraction area; or the sand is to be extracted for nourishment purposes; or the sand is to be extracted for operating a facility or carrying out works and is to be deposited in the place from where it was extracted.
The chief executive must not grant a permission to dispose of dredged material in the marine park, unless the chief executive is satisfied— the dredged material is to be disposed of in the material disposal area; or the dredged material is to be disposed of for operating a facility or carrying out works and is to be deposited in the place from where it was dredged; or for dredged material that is sand— the sand is to be disposed of for nourishment purposes; or the sand is to be disposed of in the disposal and extraction area for later use for nourishment purposes; or the disposal will be consistent with the objects to be achieved for the zone in which the material is to be disposed of. (sec.28-ssec) The chief executive must not grant a permission to dispose of dredged material in the marine park, unless the chief executive is satisfied— the dredged material is to be disposed of in the material disposal area; or the dredged material is to be disposed of for operating a facility or carrying out works and is to be deposited in the place from where it was dredged; or for dredged material that is sand— the sand is to be disposed of for nourishment purposes; or the sand is to be disposed of in the disposal and extraction area for later use for nourishment purposes; or the disposal will be consistent with the objects to be achieved for the zone in which the material is to be disposed of.
The chief executive must not grant a permission for carrying out major works other than in a works area. (sec.29-ssec) The chief executive must not grant a permission for carrying out major works other than in a works area.
The object to be achieved for the disposal and extraction area is to establish an area in the marine park for disposing of, and extracting, dredged sand for nourishment purposes. combating adverse effects of erosion
A person may enter or use the disposal and extraction area with a permission for either of the following purposes— to dispose of dredged sand for nourishment purposes in the area; to extract sand for nourishment purposes from the area. (sec.31-ssec) A person may enter or use the disposal and extraction area with a permission for either of the following purposes— to dispose of dredged sand for nourishment purposes in the area; to extract sand for nourishment purposes from the area.
The objects to be achieved for a go slow area for natural values are— to help protect the natural integrity and 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 values of the areas.
A person must not do either of the following in a go slow area for natural values— operate a vessel in a planing or non-displacement mode; operate a vessel for a motorised water sport. Maximum penalty—10 penalty units. This section does not apply in relation to the operation of a vessel in a navigation channel in the go slow area for natural values that is GSN02—Tripcony Bight–Long Island. In this section— navigation channel means a marine channel marked by aids to navigation within the meaning of the Transport Operations (Marine Safety) Act 1994 and placed in the marine park under that Act . (sec.33-ssec.1) A person must not do either of the following in a go slow area for natural values— operate a vessel in a planing or non-displacement mode; operate a vessel for a motorised water sport. Maximum penalty—10 penalty units. (sec.33-ssec.2) This section does not apply in relation to the operation of a vessel in a navigation channel in the go slow area for natural values that is GSN02—Tripcony Bight–Long Island. (sec.33-ssec.3) In this section— navigation channel means a marine channel marked by aids to navigation within the meaning of the Transport Operations (Marine Safety) Act 1994 and placed in the marine park under that Act .
The objects to be achieved for a go slow area for turtles and dugongs are— to protect turtles and dugongs; and to protect the habitat of turtles and dugongs; and to minimise death, harm or distress caused directly or indirectly to turtles and dugongs, in particular by the operation of vessels or other human activities. (sec.34-ssec) The objects to be achieved for a go slow area for turtles and dugongs are— to protect turtles and dugongs; and to protect the habitat of turtles and dugongs; and to minimise death, harm or distress caused directly or indirectly to turtles and dugongs, in particular by the operation of vessels or other human activities.
A person must not do any of the following in a go slow area for turtles and dugongs— operate a vessel in a planing or non-displacement mode; operate a vessel for a motorised water sport; operate a vessel in a way or at a speed that could reasonably be expected to result in striking a turtle or dugong. Maximum penalty— 10 penalty units. A person must not operate a vessel of more than 8m in length overall at a speed of more than 10 knots in any of the following go slow areas for turtles and dugongs— GSB01—Weinam Creek; GSB02—Garden Island; GSB03—Karragarra Channel; GSB04—Krummel Passage. Maximum penalty—10 penalty units. However, subsection (2) does not apply to a person operating an exempted vessel in a go slow area for turtles and dugongs mentioned in the subsection with a permission that allows the vessel to operate in the area at a speed of more than 10 knots. For subsection (3) , a vessel is an exempted vessel if— the vessel is being used for providing the public ferry service to the southern islands of Moreton Bay; and the public ferry service is being operated by the entity that was operating the service immediately before the commencement. (sec.35-ssec.1) A person must not do any of the following in a go slow area for turtles and dugongs— operate a vessel in a planing or non-displacement mode; operate a vessel for a motorised water sport; operate a vessel in a way or at a speed that could reasonably be expected to result in striking a turtle or dugong. Maximum penalty— 10 penalty units. (sec.35-ssec.2) A person must not operate a vessel of more than 8m in length overall at a speed of more than 10 knots in any of the following go slow areas for turtles and dugongs— GSB01—Weinam Creek; GSB02—Garden Island; GSB03—Karragarra Channel; GSB04—Krummel Passage. Maximum penalty—10 penalty units. (sec.35-ssec.3) However, subsection (2) does not apply to a person operating an exempted vessel in a go slow area for turtles and dugongs mentioned in the subsection with a permission that allows the vessel to operate in the area at a speed of more than 10 knots. (sec.35-ssec.4) For subsection (3) , a vessel is an exempted vessel if— the vessel is being used for providing the public ferry service to the southern islands of Moreton Bay; and the public ferry service is being operated by the entity that was operating the service immediately before the commencement.
The objects to be achieved for a grey nurse shark area are— to protect grey nurse shark populations; and to protect the habitat of grey nurse sharks; and to minimise harm or distress caused directly or indirectly to grey nurse sharks by diving or other human activities.
A person must not dive between 6p.m. and 6a.m. in a grey nurse shark area, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. A person must not do any of the following in a grey nurse shark area— touch or feed a grey nurse shark; trap, or attempt to trap, a grey nurse shark; block a cave entrance or gutter; use electro-acoustic or mechanical apparatus in the water. Maximum penalty—100 penalty units. A person must not interfere with a grey nurse shark’s natural behaviour in a grey nurse shark area. chasing or harassing the shark interrupting the shark’s swimming pattern Maximum penalty—100 penalty units. A person who is part of a group of divers in a grey nurse shark area must not dive in the area if it would result in more than 10 divers from the group being in the water at the same time. Maximum penalty—10 penalty units. However, subsection (4) does not apply to a person participating in a tourism program if the person is diving under the instructions of the person operating the program. In this section— electro-acoustic or mechanical apparatus — includes a scooter, horn and shark repelling device; but does not include— equipment commonly used for diving; or scuba equipment equipment required for diving under the Work Health and Safety Act 2011 equipment required for emergency defence activities. mine detection equipment (sec.37-ssec.1) A person must not dive between 6p.m. and 6a.m. in a grey nurse shark area, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. (sec.37-ssec.2) A person must not do any of the following in a grey nurse shark area— touch or feed a grey nurse shark; trap, or attempt to trap, a grey nurse shark; block a cave entrance or gutter; use electro-acoustic or mechanical apparatus in the water. Maximum penalty—100 penalty units. (sec.37-ssec.3) A person must not interfere with a grey nurse shark’s natural behaviour in a grey nurse shark area. chasing or harassing the shark interrupting the shark’s swimming pattern Maximum penalty—100 penalty units. (sec.37-ssec.4) A person who is part of a group of divers in a grey nurse shark area must not dive in the area if it would result in more than 10 divers from the group being in the water at the same time. Maximum penalty—10 penalty units. (sec.37-ssec.5) However, subsection (4) does not apply to a person participating in a tourism program if the person is diving under the instructions of the person operating the program. (sec.37-ssec.6) In this section— electro-acoustic or mechanical apparatus — includes a scooter, horn and shark repelling device; but does not include— equipment commonly used for diving; or scuba equipment equipment required for diving under the Work Health and Safety Act 2011 equipment required for emergency defence activities. mine detection equipment
This subdivision applies to a person (the operator ) conducting a tourism program involving diving in a 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—10 penalty units. (sec.39-ssec) 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—10 penalty units.
The operator of the tourism program must ensure a sign stating the area restrictions for the grey nurse shark area and complying with subsections (2) and (3) is displayed— in each place, under the operator’s control or management, where diving activities in the area are organised or promoted; and on each vessel used by the operator to carry divers in the area. Maximum penalty—10 penalty units. The sign must be— clearly visible to a person entering the place or vessel; and at least 297mm x 210mm in size; and made of durable and weatherproof material. The lettering on the sign must be— at least 3mm in height and in a bold style; and durable, legible and clearly visible. (sec.40-ssec.1) The operator of the tourism program must ensure a sign stating the area restrictions for the grey nurse shark area and complying with subsections (2) and (3) is displayed— in each place, under the operator’s control or management, where diving activities in the area are organised or promoted; and on each vessel used by the operator to carry divers in the area. Maximum penalty—10 penalty units. (sec.40-ssec.2) The sign must be— clearly visible to a person entering the place or vessel; and at least 297mm x 210mm in size; and made of durable and weatherproof material. (sec.40-ssec.3) The lettering on the sign must be— at least 3mm in height and in a bold style; and durable, legible and clearly visible.
If a group of divers is participating in the tourism program, the operator of the program must ensure that, in the grey nurse shark area— 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 for the group. Maximum penalty—20 penalty units. Subsection (1) 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 in the grey nurse shark area at the same time. The chief executive may give an authority mentioned in subsection (2) only if the chief executive is satisfied the proposed entry into, or use of, the area under the operator’s tourism program is consistent with the objects mentioned in section 36 . 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 41 amd 2024 SL No. 100 s 36 (sec.41-ssec.1) If a group of divers is participating in the tourism program, the operator of the program must ensure that, in the grey nurse shark area— 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 for the group. Maximum penalty—20 penalty units. (sec.41-ssec.2) Subsection (1) 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 in the grey nurse shark area at the same time. (sec.41-ssec.3) The chief executive may give an authority mentioned in subsection (2) only if the chief executive is satisfied the proposed entry into, or use of, the area under the operator’s tourism program is consistent with the objects mentioned in section 36 . (sec.41-ssec.4) 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 subdivision applies— for a dive club that is an incorporated entity—to the club for conducting diving activities for its members in a grey nurse shark area; or for a dive club that is not an incorporated entity—to each relevant person for the club conducting diving activities for its members in a grey nurse shark area.
In this subdivision— dive club means an entity that facilitates, organises or coordinates diving activities for its members. relevant person , for a dive club that is not an incorporated entity, means a person who takes part in directing the club’s diving activities.
Before a member, guest or visitor of the dive club (each a diver ) enters the water as part of the diving activities, the dive club or a relevant person for the club must ensure the diver is given a summary of— any restrictions applying under part 3 , division 5 for the entry into, or use of, the marine national park zone; and the area restrictions for the grey nurse shark area. Maximum penalty—10 penalty units. (sec.44-ssec) Before a member, guest or visitor of the dive club (each a diver ) enters the water as part of the diving activities, the dive club or a relevant person for the club must ensure the diver is given a summary of— any restrictions applying under part 3 , division 5 for the entry into, or use of, the marine national park zone; and the area restrictions for the grey nurse shark area. Maximum penalty—10 penalty units.
The dive club or a relevant person for the club must ensure a sign stating the area restrictions for the grey nurse shark area and complying with subsections (2) and (3) is displayed— in each place, under the control or management of the club or relevant person, where diving activities in the area are organised or promoted; and on each vessel used by the club or relevant person to carry the club’s members, guests or visitors for diving activities in the area. Maximum penalty—10 penalty units. The sign must be— clearly visible to a person entering the place or vessel; and at least 297mm x 210mm in size; and made of durable and weatherproof material. The lettering on the sign must be— at least 3mm in height and in a bold style; and durable, legible and clearly visible. (sec.45-ssec.1) The dive club or a relevant person for the club must ensure a sign stating the area restrictions for the grey nurse shark area and complying with subsections (2) and (3) is displayed— in each place, under the control or management of the club or relevant person, where diving activities in the area are organised or promoted; and on each vessel used by the club or relevant person to carry the club’s members, guests or visitors for diving activities in the area. Maximum penalty—10 penalty units. (sec.45-ssec.2) The sign must be— clearly visible to a person entering the place or vessel; and at least 297mm x 210mm in size; and made of durable and weatherproof material. (sec.45-ssec.3) The lettering on the sign must be— at least 3mm in height and in a bold style; and durable, legible and clearly visible.
The chief executive may make a prohibited area notice prohibiting— entry into a grey nurse shark area, or a stated part of the area (the prohibited area ); or entry into the water in a grey nurse shark area, or a stated part of the area (also the prohibited area ). The chief executive may make a prohibited area notice only if the chief executive is satisfied urgent action is needed to deal with a significant threat to a grey nurse shark population. Without limiting subsection (2) , the chief executive may be satisfied urgent action is needed to deal with a significant threat to a grey nurse shark population if a female grey nurse shark in the prohibited area has recently given birth or is about to give birth. (sec.46-ssec.1) The chief executive may make a prohibited area notice prohibiting— entry into a grey nurse shark area, or a stated part of the area (the prohibited area ); or entry into the water in a grey nurse shark area, or a stated part of the area (also the prohibited area ). (sec.46-ssec.2) The chief executive may make a prohibited area notice only if the chief executive is satisfied urgent action is needed to deal with a significant threat to a grey nurse shark population. (sec.46-ssec.3) Without limiting subsection (2) , the chief executive may be satisfied urgent action is needed to deal with a significant threat to a grey nurse shark population if a female grey nurse shark in the prohibited area has recently given birth or is about to give birth.
A prohibited area notice must state the following— the location and boundaries of the prohibited area; where a map showing the boundaries of the prohibited area is available for public inspection; the prohibition applying under the notice; the period for which the notice has effect. The chief executive must publish the prohibited area notice in the gazette. The chief executive may publish the prohibited area notice in other ways the chief executive considers appropriate. (sec.47-ssec.1) A prohibited area notice must state the following— the location and boundaries of the prohibited area; where a map showing the boundaries of the prohibited area is available for public inspection; the prohibition applying under the notice; the period for which the notice has effect. (sec.47-ssec.2) The chief executive must publish the prohibited area notice in the gazette. (sec.47-ssec.3) The chief executive may publish the prohibited area notice in other ways the chief executive considers appropriate.
A prohibited area notice has effect from its publication in the gazette until whichever of the following happens first— the period of effect stated in the notice ends; the notice is repealed by this plan. The period of effect stated in the prohibited area notice must be no more than 90 days. Despite subsection (1) (a) , the chief executive may, by a further notice published in the gazette, extend the period of effect by no more than 90 days. (sec.48-ssec.1) A prohibited area notice has effect from its publication in the gazette until whichever of the following happens first— the period of effect stated in the notice ends; the notice is repealed by this plan. (sec.48-ssec.2) The period of effect stated in the prohibited area notice must be no more than 90 days. (sec.48-ssec.3) Despite subsection (1) (a) , the chief executive may, by a further notice published in the gazette, extend the period of effect by no more than 90 days.
A person must comply with a prohibited area notice unless the person has a reasonable excuse. Maximum penalty—100 penalty units.
A prohibited area notice prevails to the extent of any inconsistency with— this plan, other than section 67 ; or a declaration of a restricted access area under the Marine Parks Regulation 2017 , section 119 .
The object to be achieved for the material disposal area is to establish an area in the marine park for disposing of dredged material.
A person may enter or use the material disposal area with a permission for the purpose of disposing of dredged material in the area. (sec.52-ssec) A person may enter or use the material disposal area with a permission for the purpose of disposing of dredged material in the area.
The object to be achieved for a material extraction area is to establish an area in the marine park for extracting sand.
A person may enter or use a material extraction area with a permission for the purpose of extracting sand. (sec.54-ssec) A person may enter or use a material extraction area with a permission for the purpose of extracting sand.
The object to be achieved for a mooring area is to establish an area in the marine park for mooring vessels.
A person may enter or use a mooring area without a permission for the purpose of carrying out a mooring activity, if— the mooring activity is authorised under the Transport Operations (Marine Safety) Act 1994 or the Fisheries Act 1994 ; and less than 1m 2 of the substrate of the area is disturbed by any device used for the mooring activity that is attached to, or sits on, the substrate; and no cables, chains, ropes or other things attached to a device mentioned in paragraph (b) touch the substrate of the mooring area; and the mooring activity does not involve dredging; and for a mooring activity that is constructing a mooring—the design and placement of the mooring in the area ensures a vessel using the mooring does not touch the substrate of the area. A person may also enter or use a mooring area without a permission for the purpose of carrying out a mooring activity at a mooring, if the mooring— is authorised under an Act ; and was in existence before 1 March 2009. In this section— mooring activity means— attaching a vessel to a mooring; or constructing, operating or maintaining a mooring. (sec.56-ssec.1) A person may enter or use a mooring area without a permission for the purpose of carrying out a mooring activity, if— the mooring activity is authorised under the Transport Operations (Marine Safety) Act 1994 or the Fisheries Act 1994 ; and less than 1m 2 of the substrate of the area is disturbed by any device used for the mooring activity that is attached to, or sits on, the substrate; and no cables, chains, ropes or other things attached to a device mentioned in paragraph (b) touch the substrate of the mooring area; and the mooring activity does not involve dredging; and for a mooring activity that is constructing a mooring—the design and placement of the mooring in the area ensures a vessel using the mooring does not touch the substrate of the area. (sec.56-ssec.2) A person may also enter or use a mooring area without a permission for the purpose of carrying out a mooring activity at a mooring, if the mooring— is authorised under an Act ; and was in existence before 1 March 2009. (sec.56-ssec.3) In this section— mooring activity means— attaching a vessel to a mooring; or constructing, operating or maintaining a mooring.
The object to be achieved for a no-anchoring area is to establish an area in the marine park to protect coral, coral habitats and the diversity of species of coral that— are susceptible to damage, including, for example, from anchoring; and are, or are being, degraded, including, for example, by anchoring.
A person must not enter or use a no-anchoring area for anchoring. Maximum penalty—10 penalty units.
The object to be achieved for a works area is to establish an area in the marine park for carrying out major works necessary for the public benefit.
A works area may be established only in the general use zone or the habitat protection zone mentioned in section 8 . (sec.60-ssec) A works area may be established only in the general use zone or the habitat protection zone mentioned in section 8 .
A person may enter or use a works area with a permission for the purpose of carrying out major works. (sec.61-ssec) A person may enter or use a works area with a permission for the purpose of carrying out major works.
This subdivision applies if a person (the proponent ) proposes to carry out major works in an area in the marine park that is not already in a works area. To remove any doubt, it is declared that, despite subsection (1) , this subdivision does not limit the establishment of a works area under this plan, otherwise than under this subdivision. (sec.62-ssec.1) This subdivision applies if a person (the proponent ) proposes to carry out major works in an area in the marine park that is not already in a works area. (sec.62-ssec.2) To remove any doubt, it is declared that, despite subsection (1) , this subdivision does not limit the establishment of a works area under this plan, otherwise than under this subdivision.
For considering the proposal for the major works, the Minister must be satisfied— there are no suitable alternatives to the proposed major works; and an assessment of the social, cultural, financial and environmental outcomes of the proposed major works has been carried out and supports the location of the proposed major works; and the proponent— has carried out an analysis of the adverse impacts of the proposed major works in the marine park; and has given the Minister adequate details about how the adverse impacts will be addressed; and has given sufficient public notice of the major works. The Minister may also consider the following— the nature and extent of any thing done or proposed to be done in addition to the proposed major works that may be beneficial to the natural and cultural resources of the marine park; whether the proposed major works will provide facilities for use by, or for the benefit of, the public. Subsection (2) does not limit the matters the Minister may consider. In this section— sufficient public notice means— if the proposed major works relate to a coordinated project for which an EIS is required under the State Development and Public Works Organisation Act 1971 —public notification under section 33 of that Act ; or if the proposed major works relate to a project for which the EIS process under the Environmental Protection Act 1994 applies—public notification under section 51 of that Act ; or otherwise—public notice under the Act . (sec.63-ssec.1) For considering the proposal for the major works, the Minister must be satisfied— there are no suitable alternatives to the proposed major works; and an assessment of the social, cultural, financial and environmental outcomes of the proposed major works has been carried out and supports the location of the proposed major works; and the proponent— has carried out an analysis of the adverse impacts of the proposed major works in the marine park; and has given the Minister adequate details about how the adverse impacts will be addressed; and has given sufficient public notice of the major works. (sec.63-ssec.2) The Minister may also consider the following— the nature and extent of any thing done or proposed to be done in addition to the proposed major works that may be beneficial to the natural and cultural resources of the marine park; whether the proposed major works will provide facilities for use by, or for the benefit of, the public. (sec.63-ssec.3) Subsection (2) does not limit the matters the Minister may consider. (sec.63-ssec.4) In this section— sufficient public notice means— if the proposed major works relate to a coordinated project for which an EIS is required under the State Development and Public Works Organisation Act 1971 —public notification under section 33 of that Act ; or if the proposed major works relate to a project for which the EIS process under the Environmental Protection Act 1994 applies—public notification under section 51 of that Act ; or otherwise—public notice under the Act .
For helping the Minister in considering the proposal for the major works under section 63 , the chief executive may give the proponent a notice stating— that the proponent must give public notice of the proposed major works in compliance with subsection (2) ; and the information that must be included in the public notice; and the period within which the proponent must give the public notice; and whether or not the proponent is required to give the public notice a second time. The public notice must include— an invitation to interested persons to make written submissions to the chief executive, in relation to the proposed major works— at an address stated in the notice; and within a stated period of at least 30 days (the submission period ); and any other information required under subsection (1) (b) . The proponent must give the public notice as required under subsections (1) and (2) . The chief executive must consider any written submissions received in response to the public notice within the submission period. (sec.64-ssec.1) For helping the Minister in considering the proposal for the major works under section 63 , the chief executive may give the proponent a notice stating— that the proponent must give public notice of the proposed major works in compliance with subsection (2) ; and the information that must be included in the public notice; and the period within which the proponent must give the public notice; and whether or not the proponent is required to give the public notice a second time. (sec.64-ssec.2) The public notice must include— an invitation to interested persons to make written submissions to the chief executive, in relation to the proposed major works— at an address stated in the notice; and within a stated period of at least 30 days (the submission period ); and any other information required under subsection (1) (b) . (sec.64-ssec.3) The proponent must give the public notice as required under subsections (1) and (2) . (sec.64-ssec.4) The chief executive must consider any written submissions received in response to the public notice within the submission period.
This section applies if the chief executive requires any further information or a document that the chief executive reasonably considers will help the Minister consider the proposal for the major works under section 63 . The chief executive may, by notice, ask the proponent to give the chief executive— an EIS about the proposed major works; or other relevant information or documents within a stated period of at least 21 days after giving the notice. If the chief executive has, under subsection (2) (a) , asked the proponent to give the chief executive an EIS— the EIS process under the Environmental Protection Act 1994 applies for the EIS as if the proposed major works were a project to which chapter 3 , part 1 of that Act applies; and the proponent must pay the costs of preparing the EIS. (sec.65-ssec.1) This section applies if the chief executive requires any further information or a document that the chief executive reasonably considers will help the Minister consider the proposal for the major works under section 63 . (sec.65-ssec.2) The chief executive may, by notice, ask the proponent to give the chief executive— an EIS about the proposed major works; or other relevant information or documents within a stated period of at least 21 days after giving the notice. (sec.65-ssec.3) If the chief executive has, under subsection (2) (a) , asked the proponent to give the chief executive an EIS— the EIS process under the Environmental Protection Act 1994 applies for the EIS as if the proposed major works were a project to which chapter 3 , part 1 of that Act applies; and the proponent must pay the costs of preparing the EIS.
A person may enter or use an area in the marine park without a permission for an authorised purpose if the person gives the chief executive a notice (an entry or usage notice ), in the notice period, stating— the authorised purpose for the entry or use of the area; 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 an entry or usage notice 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— authorised purpose means any of the following purposes— to carry out maintenance dredging for navigational purposes; if there is not an emergency—to remove or salvage a vessel or aircraft, or a part of a vessel or aircraft, or other wreck, that is abandoned, stranded, sunk or wrecked, other than a wreck that is protected underwater cultural heritage under the Underwater Cultural Heritage Act 2018 (Cwlth) ; to install, relocate or remove 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 for or about the Fisheries Act 1994 ; to carry out defence activities; to carry out geodetic, bathymetric or similar surveys if the surveys are conducted by the Commonwealth or the State; to carry out urgent maintenance or works on an essential public service, provided by the Commonwealth, the State or a local government, if the maintenance or works are authorised under a law of the Commonwealth, the State or the local government; communications system, power, sewerage, water to deal with an emergency involving a serious threat to the marine environment, other than a threat mentioned in section 67 (a) (iii) ; to carry out a program for management of toxic cyanobacteria or algae by the Commonwealth, the State, or a local government. 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 , for giving an entry or usage notice, means— for an entry or usage notice stating the authorised purpose of carrying out maintenance dredging for navigational purposes—at least 2 months before entering the area; or for another entry or usage notice—at any time before entering the area. (sec.66-ssec.1) A person may enter or use an area in the marine park without a permission for an authorised purpose if the person gives the chief executive a notice (an entry or usage notice ), in the notice period, stating— the authorised purpose for the entry or use of the area; and the period during which the area is proposed to be entered or used, including when the period starts and ends. (sec.66-ssec.2) If a person gives an entry or usage notice 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.66-ssec.3) In this section— authorised purpose means any of the following purposes— to carry out maintenance dredging for navigational purposes; if there is not an emergency—to remove or salvage a vessel or aircraft, or a part of a vessel or aircraft, or other wreck, that is abandoned, stranded, sunk or wrecked, other than a wreck that is protected underwater cultural heritage under the Underwater Cultural Heritage Act 2018 (Cwlth) ; to install, relocate or remove 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 for or about the Fisheries Act 1994 ; to carry out defence activities; to carry out geodetic, bathymetric or similar surveys if the surveys are conducted by the Commonwealth or the State; to carry out urgent maintenance or works on an essential public service, provided by the Commonwealth, the State or a local government, if the maintenance or works are authorised under a law of the Commonwealth, the State or the local government; communications system, power, sewerage, water to deal with an emergency involving a serious threat to the marine environment, other than a threat mentioned in section 67 (a) (iii) ; to carry out a program for management of toxic cyanobacteria or algae by the Commonwealth, the State, or a local government. 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 , for giving an entry or usage notice, means— for an entry or usage notice stating the authorised purpose of carrying out maintenance dredging for navigational purposes—at least 2 months before entering the area; or for another entry or usage notice—at any time before entering the area.
A person may enter or use an area in the marine park without a permission, and without giving the chief executive an entry or usage notice, for any of the following purposes— if there is an emergency— to investigate and respond to the emergency; or to save human life or avoid the risk of injury to a person; or to deal with a threat of pollution to the marine environment under a law of the Commonwealth or a national emergency response arrangement in which the chief executive participates; or to locate or secure the safety of an aircraft, structure or vessel that is, or may be, endangered by stress of weather or by navigational or operational hazards; or to carry out emergency repairs to a navigational aid; or to remove or salvage a vessel or aircraft, or a part of a vessel or aircraft, or other wreck, that is abandoned, stranded, sunk or wrecked and poses a threat to the marine environment or human safety; if the person is a traditional owner—to conduct an activity, other than fishing or collecting, for Aboriginal tradition; to enforce a provision of an Act of the Commonwealth or the State, if the person is authorised under that Act to enforce that Act ; to carry out reconnaissance or surveillance for the Commonwealth or the State.
An authorised person may enter or use an area in the marine park without a permission, and without giving the chief executive an entry or usage notice, for the purpose of carrying out activities relating to the management of the area. research, works, an education program
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 that— is prepared by a traditional owner group for an area of the marine park; and provides for the traditional use of marine resources in the area; and includes the matters for the agreement mentioned in subsection (3) . However, an agreement does not fail to be a traditional use of marine resources agreement only because it does not contain all the matters mentioned in subsection (3) . For subsection (1) (c) , the matters for the agreement are— 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 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 animal species proposed to be harvested and, if the species include 1 or more protected species, how many animals 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 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.70-ssec.1) A traditional use of marine resources agreement is an agreement that— is prepared by a traditional owner group for an area of the marine park; and provides for the traditional use of marine resources in the area; and includes the matters for the agreement mentioned in subsection (3) . (sec.70-ssec.2) However, an agreement does not fail to be a traditional use of marine resources agreement only because it does not contain all the matters mentioned in subsection (3) . (sec.70-ssec.3) For subsection (1) (c) , the matters for the agreement are— 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 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 animal species proposed to be harvested and, if the species include 1 or more protected species, how many animals 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 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.
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 person nominated under section 72 (3) (b) (ii) by the traditional owner group in whose name the application for accreditation of the agreement was made. (sec.71-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.71-ssec.2) The chief executive complies with the requirement if the chief executive gives the notice to the person nominated under section 72 (3) (b) (ii) by the traditional owner group in whose name the application for accreditation of the agreement was made.
This section applies if a traditional owner group for an area of the marine park has prepared 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 traditional owner 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 part of the marine park in relation to which the agreement is to operate. If the chief executive agrees, the applicant may amend the application before the chief executive has decided the application under this division. In this section— representative Aboriginal/Torres Strait Islander body has the meaning given by the Native Title Act 1993 (Cwlth) . (sec.72-ssec.1) This section applies if a traditional owner group for an area of the marine park has prepared a traditional use of marine resources agreement for the area. (sec.72-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.72-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 traditional owner 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 part of the marine park in relation to which the agreement is to operate. (sec.72-ssec.4) If the chief executive agrees, the applicant may amend the application before the chief executive has decided the application under this division. (sec.72-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 (the notice period ), 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 notice period. (sec.73-ssec.1) The chief executive may, by notice, ask the applicant to give the chief executive, within the reasonable period stated in the notice (the notice period ), further information or documents the chief executive reasonably requires to decide the application. (sec.73-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 notice period.
The chief executive must consider each properly made application and decide to grant or refuse 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 come into effect and when it is to cease to have effect; and whether to impose any conditions of the type mentioned in section 77 on the accreditation of the agreement. In this section— properly made application means an application— that complies with section 72 (3) ; and for which any requests for information made under section 73 have been complied with. (sec.74-ssec.1) The chief executive must consider each properly made application and decide to grant or refuse the application. (sec.74-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 come into effect and when it is to cease to have effect; and whether to impose any conditions of the type mentioned in section 77 on the accreditation of the agreement. (sec.74-ssec.3) In this section— properly made application means an application— that complies with section 72 (3) ; and for which any requests for information made under section 73 have been complied with.
The chief executive must consider the application having regard to each of the following— the terms of the traditional use of marine resources agreement; the objects to be achieved for each zone (a relevant zone ) 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 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 for conserving protected species in the marine park; and the capability of the relevant population of a protected species to sustain harvesting; any other requirements for ensuring the orderly and proper management of the marine park; the need to protect the cultural resources held in relation to the marine park by traditional owners and other people; the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment and the likely effects of that use on the areas adjoining or adjacent to each relevant zone; any existing agreements or arrangements between the chief executive and the traditional owner group that prepared the agreement; any law or government policy applying to the proposed traditional use of marine resources; any other relevant matters, including, for example, any action necessary to avoid, remedy or minimise unacceptable environmental impact.
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 traditional use of marine resources 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 77 ; 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.76-ssec.1) This section applies if the chief executive decides to grant the application. (sec.76-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 traditional use of marine resources 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 77 ; and a copy of the accredited agreement. (sec.76-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 the following types of conditions on the accreditation of the traditional use of marine resources agreement— 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 purposes of the Act , including, for example, a condition requiring a particular person to give the chief executive a written undertaking for activities carried out under the agreement. (sec.77-ssec) The chief executive may impose the following types of conditions on the accreditation of the traditional use of marine resources agreement— 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 purposes of the Act , including, for example, a condition requiring a particular 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 80 or suspended or cancelled under division 5 . (sec.79-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 80 or suspended or cancelled under division 5 .
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This zoning plan may be cited as the Marine Parks (Moreton Bay) Zoning Plan 2019 . This zoning plan may also be cited as the Moreton Bay Marine Park Zoning Plan. (sec.1-ssec.1) This zoning plan may be cited as the Marine Parks (Moreton Bay) Zoning Plan 2019 . (sec.1-ssec.2) This zoning plan may also be cited as the Moreton Bay Marine Park Zoning Plan.
This plan commences on 1 September 2019.
This plan applies to the Moreton Bay Marine Park as mentioned in the Marine Parks (Declaration) Regulation 2006 , section 8 and described in schedule 1 of that regulation ( the marine park ).
The dictionary in schedule 5 defines particular words used in this plan. Subject to subsection (1) , and unless this plan provides otherwise, words used in this plan have the meaning given under the Marine Parks Regulation 2017 . (sec.4-ssec.1) The dictionary in schedule 5 defines particular words used in this plan. (sec.4-ssec.2) Subject to subsection (1) , and unless this plan provides otherwise, words used in this plan have the meaning given under the Marine Parks Regulation 2017 .
The latitudes and longitudes used to describe an area mentioned in this plan are worked out using the Geocentric Datum of Australia, commonly called ‘GDA94’, notified in the Commonwealth of Australia Gazette No. GN 35 on 6 September 1995, at page 3,369.
This section applies in relation to an application for a permission, under the Marine Parks Regulation 2017 , part 3 , to enter or use a zone in the marine park. The chief executive must consider the following for the application— whether the proposed entry to or use of the zone will have an unacceptable environmental impact on the zone; whether the proposed entry to or use of the zone is consistent with the maintenance of the biological diversity and ecological functioning of the marine park; whether the proposed entry to or use of the zone will cause a loss of vegetation essential to the natural productivity of the marine park; whether the proposed entry to or use of the zone will prejudice the natural amenity and condition of the marine park; any effect the proposed entry to or use of the zone will have on the environment as a result of the marine park’s natural hydrological pattern or natural coastal processes; the cumulative impact on the marine park of the proposed entry to or use of the zone and any other entry to or use of the marine park, particularly the cumulative impact of small-scale developments for which an EIS is not required; installing a boat ramp or jetty laying a stormwater or discharge pipe the effect of the proposed entry to or use of the zone on— shorebirds, particularly international migratory species of shorebird; and the need to protect shorebirds and the habitat of shorebirds; if the proposed entry to or use of the zone involves the entry to or use of a designated area—the objects to be achieved for the area. Subsection (2) does not limit the matters the chief executive must have regard to under the Marine Parks Regulation 2017 , part 3 in considering the application. See the Marine Parks Regulation 2017 , part 3 for other matters the chief executive must and may have regard to in considering an application for a permission. Despite subsection (2) , if the purpose of the proposed entry to or use of the zone is to carry out major works that are inconsistent with the objects to be achieved for the general use zone or the habitat protection zone, the chief executive need not consider the matters mentioned in subsection (2) (a) to (d) . In this section— international migratory species , of shorebird, means a species of shorebird that has travelled from a location outside Australia. (sec.6-ssec.1) This section applies in relation to an application for a permission, under the Marine Parks Regulation 2017 , part 3 , to enter or use a zone in the marine park. (sec.6-ssec.2) The chief executive must consider the following for the application— whether the proposed entry to or use of the zone will have an unacceptable environmental impact on the zone; whether the proposed entry to or use of the zone is consistent with the maintenance of the biological diversity and ecological functioning of the marine park; whether the proposed entry to or use of the zone will cause a loss of vegetation essential to the natural productivity of the marine park; whether the proposed entry to or use of the zone will prejudice the natural amenity and condition of the marine park; any effect the proposed entry to or use of the zone will have on the environment as a result of the marine park’s natural hydrological pattern or natural coastal processes; the cumulative impact on the marine park of the proposed entry to or use of the zone and any other entry to or use of the marine park, particularly the cumulative impact of small-scale developments for which an EIS is not required; installing a boat ramp or jetty laying a stormwater or discharge pipe the effect of the proposed entry to or use of the zone on— shorebirds, particularly international migratory species of shorebird; and the need to protect shorebirds and the habitat of shorebirds; if the proposed entry to or use of the zone involves the entry to or use of a designated area—the objects to be achieved for the area. (sec.6-ssec.3) Subsection (2) does not limit the matters the chief executive must have regard to under the Marine Parks Regulation 2017 , part 3 in considering the application. See the Marine Parks Regulation 2017 , part 3 for other matters the chief executive must and may have regard to in considering an application for a permission. (sec.6-ssec.4) Despite subsection (2) , if the purpose of the proposed entry to or use of the zone is to carry out major works that are inconsistent with the objects to be achieved for the general use zone or the habitat protection zone, the chief executive need not consider the matters mentioned in subsection (2) (a) to (d) . (sec.6-ssec.5) In this section— international migratory species , of shorebird, means a species of shorebird that has travelled from a location outside Australia.
Provides a system for accredited traditional use of marine resources agreements (who can prepare them, application and accreditation process, conditions, authorisations to third parties, and amendment/suspension/cancellation procedures) including detailed procedural safeguards (pts 6; secs 70–90). Continuing accredited agreements from the repealed plan continue under this plan (sec 113).
Sets activity‑specific restrictions and limits (bait netting, crabbing, limits on collecting, limited spearfishing, research rules, requirements for handling protected species, limits on tender boats in higher protection zones) and prescribes signage, information and briefings for certain operators (e.g. dive tourism in grey nurse shark areas) (secs 99–106; 37–46; 39–45).
Allows short‑term entry/use without permission by giving notice for specific authorised purposes (maintenance dredging, some emergency/defence works, Commonwealth/State surveys, urgent public‑service works), subject to notice periods and the chief executive imposing conditions (secs 66–67). There are explicit emergency and enforcement exceptions (secs 67–68).
Creates offences and penalties for contravening the plan (examples include anchoring in a no‑anchoring area, breaching prohibited area notices, interfering with grey nurse sharks) with maximum penalties stated (e.g. 10, 20 or 100 penalty units depending on the provision) (multiple sections).
Repeals the 2008 zoning plan and contains transitional provisions for agreements and pending applications (sec 111; pts 9–10).
What it claims to achieve (official rationale)
The plan is presented as a tool to conserve biodiversity, protect important habitats (shorebirds, turtles, dugongs, grey nurse sharks, corals), provide for public benefit works and to allow sustainable use under conditions. The plan sets out objects for each zone and designated area by reference to the Marine Parks Regulation 2017 (secs 9, 12, 15, 18; sec 22). These are the stated purposes that decisions and permissions are meant to be consistent with. (See secs 8, 22 and the objects sections.)
How the plan changes incentives, who pays and who decides (practical effects and trade‑offs)
Who decides: the chief executive has broad decision‑making powers over permissions, accreditations, conditions and enforcement (secs 6, 11–20, 72–79, 84–90). The Minister is given an explicit role for approving major works and must be satisfied about alternatives and impact analysis (sec 63).
Who pays: proponents of major works bear the cost of EIS preparation if required (sec 65(3)). Permit applicants will face application processes, conditions and possible monitoring/reporting obligations spelled out in permissions or in accredited agreements (secs 63–65; pt 6).
Behaviour changes: commercial fishers and aquaculture operators will be constrained by activity‑by‑zone rules (secs 10–20; 99–106) and may need to seek permissions or change gear/methods to operate lawfully. Tourism operators and dive operators must provide information, signage and limit group sizes in sensitive areas (secs 37–45). Developers proposing major works face public notice, impact assessment and Ministerial scrutiny (secs 63–65). Traditional owner groups may gain a formal role through accredited agreements with specified management, monitoring and authorisation powers (secs 70–83).
Costs, compliance burden and implementation risk (concrete mechanisms)
Compliance burden: multiple, overlapping permit processes, show‑cause procedures, signage/information requirements for operators (secs 39–45, 72–77, 88–90); record keeping for authorisations under accredited traditional agreements (secs 82–83); and detailed spatial rules mean users must consult schedules and possibly buy mapping/GDA94 data to confirm boundaries (sec 5; schedules).
Direct costs: EIS costs to proponents (sec 65(3)), costs to applicants for preparing evidence and meeting conditions, and ongoing monitoring/reporting obligations where imposed (secs 63–65; 76–77).
Bureaucratic discretion & legal risk: the chief executive may impose or amend conditions, suspend or cancel accreditations and grant exemptions for research or public benefit reasons (secs 25, 63, 76–90). That discretion is bounded by procedural steps (show‑cause periods and publication requirements) but leaves room for administrative judgement on technical matters (secs 88–96).
Enforcement/operational risk: accurate mapping and marking of zones/designated areas is essential but the plan only makes an indicative map available and does not incorporate it (sec 8). That raises practical navigation and enforcement challenges; the plan relies on schedules of coordinates and depth contours.
Effects on private enterprise and uses (market lens)
Fisheries and aquaculture: the plan preserves various recreational and limited commercial uses in lower‑protection zones without permission (secs 10, 13, 16). Higher‑impact commercial fishing, aquaculture with feed, and some collecting require permissions and must comply with fisheries laws (secs 11, 14, 17, 101, 106). Existing statutory licences under Mineral Resources, Petroleum or Geothermal Acts can still be exercised subject to permissions (sec 11(1)(q)–(s)), so extractive industries retain access if they hold relevant State tenures, but must navigate permissions and environmental tests.
Tourism and dive operators face new operational duties (briefings, signage, group size caps in grey nurse areas) that add compliance costs but aim to control disturbance (secs 37–45).
Concentrated benefits, diffuse costs and potential for limited authorisations
Benefits of area protections (e.g. protected species or habitat preservation) are concentrated for conservation outcomes and particular user groups (recreational users who prefer intact habitat). Costs—restrictions, lost access, additional permit costs—are spread across many fishers, operators and the public.
The accredited traditional use pathway allows traditional owner groups to authorise other persons under conditions and to limit numbers (secs 77, 82–83). Mechanically, that creates exclusive entitlements in specified areas for the accreditation holders during the accreditation period; the plan builds process for amendment, suspension or cancellation if conditions are breached (secs 84–90). The plan also continues pre‑existing accredited agreements from the 2008 plan (sec 113).
Key implementation details to note
Major‑works proposals require a Ministerial test of alternatives and public EIS processes in specified circumstances; the proponent pays EIS costs (secs 63–65).
The chief executive can create short‑term prohibited area notices for urgent grey nurse shark protection and these notices override other inconsistent parts of the plan (secs 46–50).
There are explicit, tightly specified technical limits on certain research and sampling methods (volumes of water/sediment, type/number of research aids) (secs 102–104, 103).
Bottom line (practical summary)
This part is subject to parts 4 , 5 and 8 .
The following zones are established for the marine park— general use zone; habitat protection zone; conservation park zone; marine national park zone. The zones are listed in ascending order of the level of protection given to them under this plan. The boundaries of the areas comprising each zone are described in schedule 1 . For this plan, if the boundaries of 2 zones described in schedule 1 overlap, the area of the overlap is taken to be part of the zone with the higher 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.8-ssec.1) The following zones are established for the marine park— general use zone; habitat protection zone; conservation park zone; marine national park zone. The zones are listed in ascending order of the level of protection given to them under this plan. (sec.8-ssec.2) The boundaries of the areas comprising each zone are described in schedule 1 . (sec.8-ssec.3) For this plan, if the boundaries of 2 zones described in schedule 1 overlap, the area of the overlap is taken to be part of the zone with the higher 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.
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 an area in 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 fishing or collecting of any of the following types— bait gathering; crabbing; for a relevant accredited harvest fishery—fishing or collecting under the fishery’s accreditation; limited collecting; limited spearfishing; line fishing; netting, including bait netting; trawling; trolling; 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), for an accredited educational institution or accredited research institution under the institution’s accreditation; to conduct a limited educational program; to operate an aircraft at an altitude of— more than 500ft; or 500ft or less to take off from, or land at, a place outside the marine park; to navigate a vessel, other than a managed vessel, if equipment usually used for an activity involving fishing or collecting is stowed or secured when the vessel is in an area of the zone in which the use of the equipment is not authorised under the Act .
A person may enter or use an area in the general use zone with a permission for any of the following purposes— to carry out fishing or collecting, other than of a type mentioned in section 10 (b) , for— a harvest fishery other than a relevant accredited harvest fishery; or a developmental fishery program; or collecting other than limited collecting; to carry out a traditional use of marine resources, other than a traditional use of marine resources mentioned in section 10 (c) ; 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 researc
This is an opening excerpt, not the complete document.