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Queensland regulation
Creates detailed rules for entering and using Queensland marine parks: establishes zoning categories, and sets how people apply for permissions or commercial activity agreements, what decision‑makers must consider, fees and possible conditions (including conservation conditions with penalties), and internal/external review routes. Applicants pay application fees and any EIS costs; the chief executive decides, may impose/amend/suspend/cancel authorisations, and can declare restricted or special activity areas. The rules change how commercial operators, permit‑holders and visitors must obtain authorisation and comply with inspections, transfers and enforcement.
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Direct links to the current provisions in Marine Parks Regulation 2017.
This regulation may be cited as the Marine Parks Regulation 2017 .
This regulation commences on 1 September 2017.
The dictionary in schedule 6 defines particular words used in this regulation.
A marine park may be comprised of 1 or more of the following zones— general use zone; habitat protection zone; conservation park zone; buffer zone; scientific research zone; marine national park zone; preservation zone. A marine park may also include a zone of a name and nature corresponding to a zone of the Commonwealth marine park. The classes of zones mentioned in subsection (1) are listed in ascending order of the level of protection they must be given under the zoning plan applying to the marine park. (sec.4-ssec.1) A marine park may be comprised of 1 or more of the following zones— general use zone; habitat protection zone; conservation park zone; buffer zone; scientific research zone; marine national park zone; preservation zone. (sec.4-ssec.2) A marine park may also include a zone of a name and nature corresponding to a zone of the Commonwealth marine park. (sec.4-ssec.3) The classes of zones mentioned in subsection (1) are listed in ascending order of the level of protection they must be given under the zoning plan applying to the marine park.
Despite section 4 , the GBR Coast Marine Park may also include an estuarine conservation zone. The estuarine conservation zone in the marine park falls between the habitat protection zone and the conservation park zone in the order of the level of protection that must be given to classes of zones under the zoning plan applying to the marine park. (sec.5-ssec.1) Despite section 4 , the GBR Coast Marine Park may also include an estuarine conservation zone. (sec.5-ssec.2) The estuarine conservation zone in the marine park falls between the habitat protection zone and the conservation park zone in the order of the level of protection that must be given to classes of zones under the zoning plan applying to the marine park.
The objects to be achieved for a zone mentioned in section 4 (1) or 5 are stated in schedule 1 .
For the Act , schedule, definition highly protected area , paragraph (b) , a zone classified as a buffer zone or a scientific research zone is a highly protected area.
A person may apply to the chief executive for the grant of a permission for a marine park or a part of a marine park. The application must— be in the approved form; and be supported by enough information to enable the application to be decided, including the information mentioned in schedule 2 ; and comply with any other requirements for the application under a zoning plan applying to the marine park. (sec.8-ssec.1) A person may apply to the chief executive for the grant of a permission for a marine park or a part of a marine park. (sec.8-ssec.2) The application must— be in the approved form; and be supported by enough information to enable the application to be decided, including the information mentioned in schedule 2 ; and comply with any other requirements for the application under a zoning plan applying to the marine park.
This section applies to an application for a permission for which a fee is payable if the fee does not accompany the application. The chief executive must, by notice— ask the applicant to pay the fee within a stated period of at least 60 business days after receiving the notice; and advise the applicant that if the fee is not paid within the stated period, the chief executive may refuse to decide the application under this section. The chief executive may refuse to decide the application until the fee is paid. (sec.9-ssec.1) This section applies to an application for a permission for which a fee is payable if the fee does not accompany the application. (sec.9-ssec.2) The chief executive must, by notice— ask the applicant to pay the fee within a stated period of at least 60 business days after receiving the notice; and advise the applicant that if the fee is not paid within the stated period, the chief executive may refuse to decide the application under this section. (sec.9-ssec.3) The chief executive may refuse to decide the application until the fee is paid.
In considering an application for a permission for a marine park or a part of a marine park, the chief executive must have regard to all of the following— the potential impact of the conduct proposed to be permitted under the permission (the proposed conduct ) on the environment and on the cultural resources of the marine park or part; options for monitoring, managing and mitigating the potential impact of the proposed conduct on the environment and on the cultural resources of the marine park or part; if the proposed conduct will take place in an area to which a zoning plan applies—the objects of the area as set out in the zoning plan; any written submissions received about the application in response to any public notice of the application given under section 15 ; any other matters relevant to the orderly and proper management of the marine park.
In considering an application for a permission for a marine park or a part of a marine park, the chief executive may also have regard to the following— the effect that the grant of the permission will have on public appreciation, understanding, and enjoyment of the marine park; the potential impact of the conduct proposed to be permitted under the permission (the proposed conduct ) on other conduct in the relevant area or nearby areas, or in the marine park, that is being undertaken, is planned, is in progress, or is reasonably foreseeable at the time of the chief executive’s consideration of the application, whether or not related to or a consequence of the proposed conduct; any policy or guideline issued by the chief executive about the management of the marine park or the performance of the chief executive’s functions under the Act ; if the application for the permission relates to an undeveloped project the cost of which will be large—the capacity of the applicant to satisfactorily develop and manage the project; if the proposed conduct also requires an approval or a permission under a law of the State or a law of the Commonwealth or another State— whether the approval or permission has been granted and, if so, its terms; or whether the approval or permission is likely to be granted and, if granted, its likely terms; any relevant intergovernmental, Australian or international agreement, code, instrument, protocol or standard; any relevant law of the State or of the Commonwealth, or a relevant instrument; any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) , or any conservation plan under the Nature Conservation Act 1992 ; whether the applicant for the permission is a suitable person to hold the permission, having regard to— the applicant’s history in relation to environment matters; and if the applicant is a body corporate—the history of its executive officers in relation to environment matters; and if the applicant is a company that is a subsidiary of another company (the parent body )—the history of the parent body and its executive officers in relation to environment matters; and whether the applicant owes any amount payable under the Act ; the likely cumulative effect of the applicant’s proposed use and other uses on a marine park; any other matters relevant to achieving the purpose of the Act . In this section— relevant instrument , for a marine park or a part of a marine park, means— a management plan applying to the marine park or part; or a management statement or management plan under the Nature Conservation Act 1992 applying to a protected area under that Act that is within or adjacent to the marine park or part; or a management plan under the Recreation Areas Management Act 2006 applying to a recreation area under that Act that is within or adjacent to the marine park or part; or a plan of management under the Commonwealth Act applying to an area of the Commonwealth marine park that is within or adjacent to the marine park or part; or a coastal plan under the Coastal Protection and Management Act 1995 applying to the coastal zone under that Act that is within or adjacent to the marine park or part; or any other instrument made under an Act that the chief executive considers is relevant. an instrument about the management of the environment (sec.11-ssec.1) In considering an application for a permission for a marine park or a part of a marine park, the chief executive may also have regard to the following— the effect that the grant of the permission will have on public appreciation, understanding, and enjoyment of the marine park; the potential impact of the conduct proposed to be permitted under the permission (the proposed conduct ) on other conduct in the relevant area or nearby areas, or in the marine park, that is being undertaken, is planned, is in progress, or is reasonably foreseeable at the time of the chief executive’s consideration of the application, whether or not related to or a consequence of the proposed conduct; any policy or guideline issued by the chief executive about the management of the marine park or the performance of the chief executive’s functions under the Act ; if the application for the permission relates to an undeveloped project the cost of which will be large—the capacity of the applicant to satisfactorily develop and manage the project; if the proposed conduct also requires an approval or a permission under a law of the State or a law of the Commonwealth or another State— whether the approval or permission has been granted and, if so, its terms; or whether the approval or permission is likely to be granted and, if granted, its likely terms; any relevant intergovernmental, Australian or international agreement, code, instrument, protocol or standard; any relevant law of the State or of the Commonwealth, or a relevant instrument; any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) , or any conservation plan under the Nature Conservation Act 1992 ; whether the applicant for the permission is a suitable person to hold the permission, having regard to— the applicant’s history in relation to environment matters; and if the applicant is a body corporate—the history of its executive officers in relation to environment matters; and if the applicant is a company that is a subsidiary of another company (the parent body )—the history of the parent body and its executive officers in relation to environment matters; and whether the applicant owes any amount payable under the Act ; the likely cumulative effect of the applicant’s proposed use and other uses on a marine park; any other matters relevant to achieving the purpose of the Act . (sec.11-ssec.2) In this section— relevant instrument , for a marine park or a part of a marine park, means— a management plan applying to the marine park or part; or a management statement or management plan under the Nature Conservation Act 1992 applying to a protected area under that Act that is within or adjacent to the marine park or part; or a management plan under the Recreation Areas Management Act 2006 applying to a recreation area under that Act that is within or adjacent to the marine park or part; or a plan of management under the Commonwealth Act applying to an area of the Commonwealth marine park that is within or adjacent to the marine park or part; or a coastal plan under the Coastal Protection and Management Act 1995 applying to the coastal zone under that Act that is within or adjacent to the marine park or part; or any other instrument made under an Act that the chief executive considers is relevant. an instrument about the management of the environment
Before deciding an application for a permission, the chief executive may, by notice given to the applicant, ask the applicant to give the chief executive, within the reasonable period of at least 20 business days stated in the notice, any further information or document the chief executive reasonably requires to decide the application. The chief executive may require the information or document to be verified by a statutory declaration. The applicant is taken to have withdrawn the application if the applicant does not comply with the request. The chief executive may extend the period within which the information or document must be given. (sec.12-ssec.1) Before deciding an application for a permission, the chief executive may, by notice given to the applicant, ask the applicant to give the chief executive, within the reasonable period of at least 20 business days stated in the notice, any further information or document the chief executive reasonably requires to decide the application. (sec.12-ssec.2) The chief executive may require the information or document to be verified by a statutory declaration. (sec.12-ssec.3) The applicant is taken to have withdrawn the application if the applicant does not comply with the request. (sec.12-ssec.4) The chief executive may extend the period within which the information or document must be given.
If the chief executive agrees, the applicant may amend the application before the chief executive has finished considering it.
This section applies if the chief executive has, under section 12 , asked the applicant to give the chief executive an environmental impact statement about the applicant’s proposed use for the marine park, or the part of a marine park, the subject of the application. The EIS process under the Environmental Protection Act 1994 applies for the environmental impact statement as if the proposed use were a project to which chapter 3 , part 1 of that Act applies. The applicant must pay the costs of preparing the environmental impact statement. In this section— EIS process see the Environmental Protection Act 1994 , schedule 4 . (sec.14-ssec.1) This section applies if the chief executive has, under section 12 , asked the applicant to give the chief executive an environmental impact statement about the applicant’s proposed use for the marine park, or the part of a marine park, the subject of the application. (sec.14-ssec.2) The EIS process under the Environmental Protection Act 1994 applies for the environmental impact statement as if the proposed use were a project to which chapter 3 , part 1 of that Act applies. (sec.14-ssec.3) The applicant must pay the costs of preparing the environmental impact statement. (sec.14-ssec.4) In this section— EIS process see the Environmental Protection Act 1994 , schedule 4 .
This section applies if the chief executive considers the grant of a permission may— have a significant impact on the use and non-use values of a marine park or a part of a marine park; or restrict the reasonable use or enjoyment of a part of a marine park by persons other than the applicant for the permission. The chief executive may give the applicant a notice stating— the applicant must give public notice of the application for the permission within a stated period; and the information that must be included in the notice the subject of the public notice; and the number of times, being not more than 2, the public notice must be given. The applicant must give the public notice and ensure it— includes the stated information; and invites interested persons to make written submissions to the chief executive, in relation to the application— at an address stated in the notice; and within a stated period of at least 30 business days. Before deciding whether or not to grant the permission, the chief executive must consider any written submissions received by the chief executive in response to the public notice within the stated period. The applicant is taken to have withdrawn the application if the applicant does not comply with— a notice given under subsection (2) ; or the requirements for giving the public notice under subsection (3) . (sec.15-ssec.1) This section applies if the chief executive considers the grant of a permission may— have a significant impact on the use and non-use values of a marine park or a part of a marine park; or restrict the reasonable use or enjoyment of a part of a marine park by persons other than the applicant for the permission. (sec.15-ssec.2) The chief executive may give the applicant a notice stating— the applicant must give public notice of the application for the permission within a stated period; and the information that must be included in the notice the subject of the public notice; and the number of times, being not more than 2, the public notice must be given. (sec.15-ssec.3) The applicant must give the public notice and ensure it— includes the stated information; and invites interested persons to make written submissions to the chief executive, in relation to the application— at an address stated in the notice; and within a stated period of at least 30 business days. (sec.15-ssec.4) Before deciding whether or not to grant the permission, the chief executive must consider any written submissions received by the chief executive in response to the public notice within the stated period. (sec.15-ssec.5) The applicant is taken to have withdrawn the application if the applicant does not comply with— a notice given under subsection (2) ; or the requirements for giving the public notice under subsection (3) .
The chief executive must consider each application for a permission and, within a reasonable period, decide— to grant the permission, with or without conditions; or to refuse to grant the permission. Subsection (3) applies if the application is for a new permission to commence immediately after an existing permission of the same type expires. Without limiting subsection (1) , the chief executive may decide to refuse the application if the chief executive reasonably believes— the existing permission was obtained on the basis of incorrect or misleading information; or the holder of the existing permission has contravened a condition of the permission. (sec.16-ssec.1) The chief executive must consider each application for a permission and, within a reasonable period, decide— to grant the permission, with or without conditions; or to refuse to grant the permission. (sec.16-ssec.2) Subsection (3) applies if the application is for a new permission to commence immediately after an existing permission of the same type expires. (sec.16-ssec.3) Without limiting subsection (1) , the chief executive may decide to refuse the application if the chief executive reasonably believes— the existing permission was obtained on the basis of incorrect or misleading information; or the holder of the existing permission has contravened a condition of the permission.
The chief executive may grant a permission only if the chief executive is satisfied the applicant is a suitable person to hold the permission.
The chief executive may grant a permission authorising the conducting of a commercial whale watching program in the Great Sandy Marine Park only if there are fewer than 20 current authorities applying for the marine park. The chief executive may grant a permission authorising the conducting of a commercial whale watching program in the Moreton Bay Marine Park only if there are fewer than 3 current authorities applying for the marine park. However, the chief executive can not grant a permission authorising the conducting of a commercial whale watching program in the Point Lookout area within the Moreton Bay Marine Park unless— the applicant for the permission is— the registered native title body corporate for the area or a part of the area; or a traditional owner for the area or a part of the area whom the registered native title body corporate for the area or part considers to be an appropriate person to conduct the program in the area; or a corporation, an executive officer of which is a traditional owner for the area or a part of the area whom the registered native title body corporate for the area or part considers to be an appropriate person to conduct the program in the area; and there is no current authority applying for the marine park that authorises the conducting of a commercial whale watching program in the area. Also, the chief executive may grant a permission authorising the conducting of a commercial whale watching program in the Point Lookout area within the Moreton Bay Marine Park if— there are 3 current authorities applying for the marine park; and the applicant for the permission is— the holder of 1 of the current authorities; and a person mentioned in section 18 (3) (a) ; and there is no current authority applying for the marine park that authorises the conducting of a commercial whale watching program in the area. In this section— current authority means— a permission in force under the Act ; or an authorisation under a commercial activity agreement. Point Lookout area , within the Moreton Bay Marine Park, means the area bounded by a line starting at the intersection of the marine park boundary on the eastern side of Moreton Island and the parallel of latitude 27º18.000' south (at about the point of 27º18.000' south, 153º25.484' east) then running progressively— east along the parallel of latitude 27º18.000' south to the intersection with the limit of coastal waters of the State (at about the point of 27º18.000' south, 153º35.352' east); and generally southerly along the limit of coastal waters of the State to the intersection with the parallel of latitude 27º33.000' south (at about the point of 27º33.000' south, 153º33.142' east); and west along the parallel of latitude 27º33.000' south to the intersection with the marine park boundary on the eastern side of North Stradbroke Island (at about the point 27º33.000' south, 153º29.512' east); and generally northerly along the marine park boundary on the eastern side of North Stradbroke Island to the intersection with the meridian of longitude 153º27.297' east (at about the point of 27º23.338' south, 153º27.297' east); and northerly along the geodesic to the intersection of the marine park boundary on the eastern side of Moreton Island and the parallel of latitude 27º20.370' south (at about the point of 27º20.370' south, 153º26.293' east); and generally northerly along the marine park boundary on the eastern side of Moreton Island to the starting point. The latitudes and longitudes mentioned in this section are worked out using the Geocentric Datum of Australia, commonly called ‘GDA94’, notified in the Commonwealth Government Gazette No. GN 35 on 6 September 1995, at page 3369. registered native title body corporate see the Native Title Act 1993 (Cwlth) , section 253 . traditional owner , for an area of the Moreton Bay Marine Park, see the Marine Parks (Moreton Bay) Zoning Plan 2019 , schedule 5 . s 18 amd 2018 SL No. 109 s 3 ; 2019 SL No. 176 s 8 (sec.18-ssec.1) The chief executive may grant a permission authorising the conducting of a commercial whale watching program in the Great Sandy Marine Park only if there are fewer than 20 current authorities applying for the marine park. (sec.18-ssec.2) The chief executive may grant a permission authorising the conducting of a commercial whale watching program in the Moreton Bay Marine Park only if there are fewer than 3 current authorities applying for the marine park. (sec.18-ssec.3) However, the chief executive can not grant a permission authorising the conducting of a commercial whale watching program in the Point Lookout area within the Moreton Bay Marine Park unless— the applicant for the permission is— the registered native title body corporate for the area or a part of the area; or a traditional owner for the area or a part of the area whom the registered native title body corporate for the area or part considers to be an appropriate person to conduct the program in the area; or a corporation, an executive officer of which is a traditional owner for the area or a part of the area whom the registered native title body corporate for the area or part considers to be an appropriate person to conduct the program in the area; and there is no current authority applying for the marine park that authorises the conducting of a commercial whale watching program in the area. (sec.18-ssec.4) Also, the chief executive may grant a permission authorising the conducting of a commercial whale watching program in the Point Lookout area within the Moreton Bay Marine Park if— there are 3 current authorities applying for the marine park; and the applicant for the permission is— the holder of 1 of the current authorities; and a person mentioned in section 18 (3) (a) ; and there is no current authority applying for the marine park that authorises the conducting of a commercial whale watching program in the area. (sec.18-ssec.5) In this section— current authority means— a permission in force under the Act ; or an authorisation under a commercial activity agreement. Point Lookout area , within the Moreton Bay Marine Park, means the area bounded by a line starting at the intersection of the marine park boundary on the eastern side of Moreton Island and the parallel of latitude 27º18.000' south (at about the point of 27º18.000' south, 153º25.484' east) then running progressively— east along the parallel of latitude 27º18.000' south to the intersection with the limit of coastal waters of the State (at about the point of 27º18.000' south, 153º35.352' east); and generally southerly along the limit of coastal waters of the State to the intersection with the parallel of latitude 27º33.000' south (at about the point of 27º33.000' south, 153º33.142' east); and west along the parallel of latitude 27º33.000' south to the intersection with the marine park boundary on the eastern side of North Stradbroke Island (at about the point 27º33.000' south, 153º29.512' east); and generally northerly along the marine park boundary on the eastern side of North Stradbroke Island to the intersection with the meridian of longitude 153º27.297' east (at about the point of 27º23.338' south, 153º27.297' east); and northerly along the geodesic to the intersection of the marine park boundary on the eastern side of Moreton Island and the parallel of latitude 27º20.370' south (at about the point of 27º20.370' south, 153º26.293' east); and generally northerly along the marine park boundary on the eastern side of Moreton Island to the starting point. The latitudes and longitudes mentioned in this section are worked out using the Geocentric Datum of Australia, commonly called ‘GDA94’, notified in the Commonwealth Government Gazette No. GN 35 on 6 September 1995, at page 3369. registered native title body corporate see the Native Title Act 1993 (Cwlth) , section 253 . traditional owner , for an area of the Moreton Bay Marine Park, see the Marine Parks (Moreton Bay) Zoning Plan 2019 , schedule 5 .
The chief executive may grant a permission authorising the feeding of dolphins in a marine park or a part of a marine park only to a person who holds— a 2006 relevant permission for the marine park or part; or an existing relevant permission for the marine park or part. The term of the permission granted to a person under subsection (1) must start immediately after the expiry of the 2006 relevant permission or the existing relevant permission held by the person. In this section— 2006 relevant permission , for a marine park or a part of a marine park, means a permission that— was granted under the 2006 regulation, section 16 ; and authorises the feeding of dolphins in the marine park or part. existing relevant permission , for a marine park or a part of a marine park, means a permission that— was granted under section 16 ; and authorises the feeding of dolphins in the marine park or part. (sec.19-ssec.1) The chief executive may grant a permission authorising the feeding of dolphins in a marine park or a part of a marine park only to a person who holds— a 2006 relevant permission for the marine park or part; or an existing relevant permission for the marine park or part. (sec.19-ssec.2) The term of the permission granted to a person under subsection (1) must start immediately after the expiry of the 2006 relevant permission or the existing relevant permission held by the person. (sec.19-ssec.3) In this section— 2006 relevant permission , for a marine park or a part of a marine park, means a permission that— was granted under the 2006 regulation, section 16 ; and authorises the feeding of dolphins in the marine park or part. existing relevant permission , for a marine park or a part of a marine park, means a permission that— was granted under section 16 ; and authorises the feeding of dolphins in the marine park or part.
The chief executive can not grant a permission for a marine park, or a part of a marine park, that is inconsistent with a zoning plan or management plan applying to the marine park. A zoning plan or management plan applying to the marine park provides that permissions for the park may be granted for particular purposes. The proposed permission is for, or includes, a purpose other than those purposes.
The chief executive may grant a permission to a person only if the chief executive considers there is adequate insurance cover for the activities proposed to be conducted under the permission. However, subsection (1) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities, including whether insurance is commonly available for the activities. (sec.21-ssec.1) The chief executive may grant a permission to a person only if the chief executive considers there is adequate insurance cover for the activities proposed to be conducted under the permission. (sec.21-ssec.2) However, subsection (1) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities, including whether insurance is commonly available for the activities.
If the chief executive decides to grant a permission, the chief executive must, as soon as practicable after making the decision, give the applicant— the permission; and if a condition imposed by the chief executive is stated on the permission—an information notice about the decision to impose the condition. Subsection (1) (b) does not apply for a condition that the applicant has requested or permitted in the application. The applicant has applied for a permission to authorise the conducting of a commercial activity in a marine park for 30 persons and the chief executive grants the permission subject to the condition that the permission only authorises its holder to conduct the commercial activity for 30 persons. Without limiting the conditions the chief executive may impose on a permission, the chief executive may impose either of the following conditions on a permission— a condition that provides for an indemnity for the State against any liability for loss or damage that is suffered by any person and is caused, whether directly or indirectly, by the activities conducted under the permission; a condition that provides for the compensation or reimbursement of any loss or expense incurred by the State in relation to activities conducted under the permission. If the chief executive decides to refuse the application, the chief executive must, as soon as practicable after making the decision, give the applicant an information notice about the decision. (sec.22-ssec.1) If the chief executive decides to grant a permission, the chief executive must, as soon as practicable after making the decision, give the applicant— the permission; and if a condition imposed by the chief executive is stated on the permission—an information notice about the decision to impose the condition. (sec.22-ssec.2) Subsection (1) (b) does not apply for a condition that the applicant has requested or permitted in the application. The applicant has applied for a permission to authorise the conducting of a commercial activity in a marine park for 30 persons and the chief executive grants the permission subject to the condition that the permission only authorises its holder to conduct the commercial activity for 30 persons. (sec.22-ssec.3) Without limiting the conditions the chief executive may impose on a permission, the chief executive may impose either of the following conditions on a permission— a condition that provides for an indemnity for the State against any liability for loss or damage that is suffered by any person and is caused, whether directly or indirectly, by the activities conducted under the permission; a condition that provides for the compensation or reimbursement of any loss or expense incurred by the State in relation to activities conducted under the permission. (sec.22-ssec.4) If the chief executive decides to refuse the application, the chief executive must, as soon as practicable after making the decision, give the applicant an information notice about the decision.
A permission granted under this part must be written. The chief executive may use 1 document for the grant of 2 or more permissions under this part. Also, the chief executive may use an instrument that has been used for the grant of a Commonwealth permission for the grant of a permission under this part. (sec.23-ssec.1) A permission granted under this part must be written. (sec.23-ssec.2) The chief executive may use 1 document for the grant of 2 or more permissions under this part. (sec.23-ssec.3) Also, the chief executive may use an instrument that has been used for the grant of a Commonwealth permission for the grant of a permission under this part.
A permission granted under this part must state each of the following— the date it was granted; if it does not commence on the date it was granted—its commencement date; either its term or its expiry date; the holder’s name and, if the holder is a corporation, its ABN or ACN; the holder’s place of business; the marine park or the part of a marine park that may be entered or used under the permission; if a part of a marine park that is within a zone or designated area is to be entered or used under the permission—the name of the zone or designated area; the purpose for which the entry or use is authorised; if the permission authorises the holder to take natural or cultural resources in the marine park—the natural or cultural resources that may be taken under the permission; any conditions imposed by the chief executive on the permission.
This section applies if— the chief executive reasonably believes a permission should be amended; and the proposed amendment is a minor amendment. The chief executive may amend the permission by giving the holder of the permission notice of the amendment. The notice must state the reasons for the amendment. Sections 28 and 29 do not apply to the amendment. The amendment takes effect on the later of the following days— the day the notice is given to the holder; the day of effect stated in the notice. The effect of the amendment does not depend on the amendment being noted on the permission. In this section— minor amendment means an amendment that— omits a condition, if the omission does not adversely affect the holder’s interest; or corrects an error; or makes another change, other than a change of substance, that does not adversely affect the holder’s interests. s 25 amd 2024 SL No. 25 s 13 (sec.25-ssec.1) This section applies if— the chief executive reasonably believes a permission should be amended; and the proposed amendment is a minor amendment. (sec.25-ssec.2) The chief executive may amend the permission by giving the holder of the permission notice of the amendment. (sec.25-ssec.3) The notice must state the reasons for the amendment. (sec.25-ssec.4) Sections 28 and 29 do not apply to the amendment. (sec.25-ssec.5) The amendment takes effect on the later of the following days— the day the notice is given to the holder; the day of effect stated in the notice. (sec.25-ssec.6) The effect of the amendment does not depend on the amendment being noted on the permission. (sec.25-ssec.7) In this section— minor amendment means an amendment that— omits a condition, if the omission does not adversely affect the holder’s interest; or corrects an error; or makes another change, other than a change of substance, that does not adversely affect the holder’s interests.
The holder of a permission may apply to the chief executive for an amendment of the permission. The application must— be in the approved form; and be supported by enough information to enable the application to be decided, including the information mentioned in schedule 2 ; and comply with any other requirements for the application under a zoning plan applying to the marine park; and be made at least 10 business days before the holder of the permission intends the amendment to take effect. However, the chief executive may consider an application for an amendment even if the application does not comply with subsection (2) . If the chief executive decides to make the amendment, the chief executive must give the holder notice of the amendment. The amendment takes effect on the later of the following days— the day the notice is given to the holder; the day of effect stated in the notice. The effect of the amendment does not depend on the amendment being noted on the permission. If the chief executive decides to refuse the application, the chief executive must as soon as practicable after making the decision give the holder an information notice about the decision. s 26 amd 2024 SL No. 25 s 14 (sec.26-ssec.1) The holder of a permission may apply to the chief executive for an amendment of the permission. (sec.26-ssec.2) The application must— be in the approved form; and be supported by enough information to enable the application to be decided, including the information mentioned in schedule 2 ; and comply with any other requirements for the application under a zoning plan applying to the marine park; and be made at least 10 business days before the holder of the permission intends the amendment to take effect. (sec.26-ssec.3) However, the chief executive may consider an application for an amendment even if the application does not comply with subsection (2) . (sec.26-ssec.4) If the chief executive decides to make the amendment, the chief executive must give the holder notice of the amendment. (sec.26-ssec.5) The amendment takes effect on the later of the following days— the day the notice is given to the holder; the day of effect stated in the notice. (sec.26-ssec.6) The effect of the amendment does not depend on the amendment being noted on the permission. (sec.26-ssec.7) If the chief executive decides to refuse the application, the chief executive must as soon as practicable after making the decision give the holder an information notice about the decision.
Before deciding an application for an amendment of a permission, the chief executive may, by notice given to the applicant, ask the applicant to give the chief executive, within the reasonable period of at least 20 business days stated in the notice, any further information or document the chief executive reasonably requires to decide the application. The chief executive may require the information or document to be verified by a statutory declaration. The applicant is taken to have withdrawn the application if the applicant does not comply with the request. The chief executive may extend the period within which the information or document must be given. (sec.27-ssec.1) Before deciding an application for an amendment of a permission, the chief executive may, by notice given to the applicant, ask the applicant to give the chief executive, within the reasonable period of at least 20 business days stated in the notice, any further information or document the chief executive reasonably requires to decide the application. (sec.27-ssec.2) The chief executive may require the information or document to be verified by a statutory declaration. (sec.27-ssec.3) The applicant is taken to have withdrawn the application if the applicant does not comply with the request. (sec.27-ssec.4) The chief executive may extend the period within which the information or document must be given.
The chief executive may, by complying with section 29 , amend a permission— if the chief executive reasonably believes— the permission was obtained because of incorrect or misleading information; or the holder of the permission has contravened a condition of the permission; or the holder of the permission is not, or is no longer, a suitable person to hold the permission; or the amendment is necessary having regard to the purpose of the Act ; or if the holder of the permission has failed to— pay a prescribed fee by the day or within the period during which the fee must be paid; or give the chief executive information required to be given under the Act for the permission, by the day or within the period during which the information must be given; or if the holder is convicted of an offence against the Act and the activities of the holder that led to the conviction are relevant to the holder’s ability to conduct activities under the permission in a competent and ethical way; or to secure the safety of a person or a person’s property; or to conserve or protect the natural or cultural resources in a marine park; or if the area to which the permission applies is declared, after the grant of the permission, as a restricted access area; or for a permission forming a part of a joint permission—if the Commonwealth permission forming the other part of the joint permission has been, or is about to be— amended to an extent that it is no longer consistent with the permission granted under the Act ; or replaced with another permission that is not consistent with the permission granted under the Act .
If the chief executive proposes to make an amendment under section 28 , the chief executive must give the holder a notice stating each of the following— the proposed amendment; the ground for the proposed amendment; an outline of the facts and circumstances forming the basis for the ground; an invitation to make written submissions, within a stated period of at least 20 business days after the notice is given, about why the proposed amendment should not be made. The chief executive may amend the permission if, after considering any written submissions made within the stated period, the chief executive still believes the amendment should be made— in the way stated in the notice; or in another way, having regard to the submissions. If the chief executive amends the permission, the chief executive must give the holder an information notice about the decision. The amendment takes effect on the later of the following days— the day the information notice is given to the holder; the day of effect stated in the information notice. The effect of the amendment does not depend on the amendment being noted on the permission. If the chief executive decides not to make the amendment, the chief executive must as soon as practicable after making the decision give the holder notice of the decision. s 29 amd 2024 SL No. 25 s 15 (sec.29-ssec.1) If the chief executive proposes to make an amendment under section 28 , the chief executive must give the holder a notice stating each of the following— the proposed amendment; the ground for the proposed amendment; an outline of the facts and circumstances forming the basis for the ground; an invitation to make written submissions, within a stated period of at least 20 business days after the notice is given, about why the proposed amendment should not be made. (sec.29-ssec.2) The chief executive may amend the permission if, after considering any written submissions made within the stated period, the chief executive still believes the amendment should be made— in the way stated in the notice; or in another way, having regard to the submissions. (sec.29-ssec.3) If the chief executive amends the permission, the chief executive must give the holder an information notice about the decision. (sec.29-ssec.4) The amendment takes effect on the later of the following days— the day the information notice is given to the holder; the day of effect stated in the information notice. (sec.29-ssec.5) The effect of the amendment does not depend on the amendment being noted on the permission. (sec.29-ssec.6) If the chief executive decides not to make the amendment, the chief executive must as soon as practicable after making the decision give the holder notice of the decision.
This section applies if— the chief executive reasonably believes a permission should be amended or suspended— to secure the safety of a person or a person’s property; or because of a cyclone or other natural disaster; or to conserve or protect the natural or cultural resources in the marine park to which it applies; or the area to which a permission applies is declared, after the grant of the permission, to be a restricted access area. The chief executive must, in writing, or verbally if practicable, or by signs, advise the holder of the permission that, until the chief executive otherwise decides— the permission is amended in the way the chief executive advises; or the permission is suspended to the extent the chief executive advises. If the chief executive acts under subsection (2) , the amendment or suspension takes effect immediately after the holder is advised of the amendment or suspension and continues until the chief executive decides the reason for the amendment or suspension no longer exists. The effect of an amendment under this section does not depend on the amendment being noted on the permission. The chief executive must as soon as practicable after the amendment or suspension ends— in writing, or verbally if practicable, or by signs, advise the holder of the permission that the amendment or suspension no longer applies; and put a notice on the department’s website advising that the amendment or suspension no longer applies. s 30 amd 2024 SL No. 25 s 16 (sec.30-ssec.1) This section applies if— the chief executive reasonably believes a permission should be amended or suspended— to secure the safety of a person or a person’s property; or because of a cyclone or other natural disaster; or to conserve or protect the natural or cultural resources in the marine park to which it applies; or the area to which a permission applies is declared, after the grant of the permission, to be a restricted access area. (sec.30-ssec.2) The chief executive must, in writing, or verbally if practicable, or by signs, advise the holder of the permission that, until the chief executive otherwise decides— the permission is amended in the way the chief executive advises; or the permission is suspended to the extent the chief executive advises. (sec.30-ssec.3) If the chief executive acts under subsection (2) , the amendment or suspension takes effect immediately after the holder is advised of the amendment or suspension and continues until the chief executive decides the reason for the amendment or suspension no longer exists. (sec.30-ssec.4) The effect of an amendment under this section does not depend on the amendment being noted on the permission. (sec.30-ssec.5) The chief executive must as soon as practicable after the amendment or suspension ends— in writing, or verbally if practicable, or by signs, advise the holder of the permission that the amendment or suspension no longer applies; and put a notice on the department’s website advising that the amendment or suspension no longer applies.
This section applies if— the holder of a permission has failed to pay a prescribed fee required to be paid for the permission, by the day or within the period during which the fee must be paid; and the chief executive has given the holder a notice stating that— the holder must pay the fee by a day, at least 10 business days after the holder receives the notice, stated in the notice; and if the holder does not pay the fee by the stated day, the chief executive may amend or suspend the permission under this section; and the holder does not pay the fee by the stated day. The chief executive may amend or suspend the permission. If the chief executive acts under this section— the chief executive must give the holder of the permission an information notice about the decision; and if the action is suspension, the notice must state the suspension period; and the amendment or suspension takes effect on the later of the following days— the day the notice is given to the holder; the day of effect stated in the notice; and if the action is suspension, it continues until the earlier of the following— the day the holder pays the outstanding fee; the end of the suspension period stated in the notice. The effect of an amendment under this section does not depend on the amendment being noted on the permission. s 31 amd 2024 SL No. 25 s 17 (sec.31-ssec.1) This section applies if— the holder of a permission has failed to pay a prescribed fee required to be paid for the permission, by the day or within the period during which the fee must be paid; and the chief executive has given the holder a notice stating that— the holder must pay the fee by a day, at least 10 business days after the holder receives the notice, stated in the notice; and if the holder does not pay the fee by the stated day, the chief executive may amend or suspend the permission under this section; and the holder does not pay the fee by the stated day. (sec.31-ssec.2) The chief executive may amend or suspend the permission. (sec.31-ssec.3) If the chief executive acts under this section— the chief executive must give the holder of the permission an information notice about the decision; and if the action is suspension, the notice must state the suspension period; and the amendment or suspension takes effect on the later of the following days— the day the notice is given to the holder; the day of effect stated in the notice; and if the action is suspension, it continues until the earlier of the following— the day the holder pays the outstanding fee; the end of the suspension period stated in the notice. (sec.31-ssec.4) The effect of an amendment under this section does not depend on the amendment being noted on the permission.
The chief executive may, by complying with section 33 , suspend or cancel a permission— for a reason for which the permission may be amended or suspended under section 30 ; or for a reason for which the permission may be amended or suspended under section 31 ; or if the purpose for which the entry or use of a marine park or a part of a marine is authorised under the permission is prescribed as a prohibited purpose for the marine park or part; or if the chief executive reasonably believes— the permission was obtained because of incorrect or misleading information; or the holder of the permission has contravened a condition of the permission; or the holder of the permission is not, or is no longer, a suitable person to hold the permission; or if the holder is convicted of an offence against the Act and the activities of the holder that led to the conviction are relevant to the holder’s ability to conduct activities under the permission in a competent and ethical way; or if the holder of the permission has failed to give the chief executive information required to be given under the Act for the permission, by the day or within the period during which the information must be given; or if the chief executive reasonably believes the activities being conducted under the permission are having an unacceptable impact on— the natural or cultural resources in a marine park; or the use and non-use values of a marine park; or if the chief executive reasonably believes the activities being conducted under the permission are threatening public health or safety; or for a permission authorising the use of a structure, vessel, vehicle or aircraft in a marine park—if the chief executive reasonably believes the structure, vessel, vehicle or aircraft is not, or is no longer, appropriate for use under the permission; or for a permission forming a part of a joint permission—if the Commonwealth permission forming the other part of the joint permission has been, or is about to be— amended to an extent that it is no longer consistent with the permission granted under the Act ; or replaced with another permission that is not consistent with the permission granted under the Act ; or suspended or cancelled; or if the chief executive reasonably believes the suspension or cancellation is necessary to ensure the fair and equitable access to the marine park to which the permission applies. Environmental factors have affected the availability of public access to the marine park for which the permission is granted and the permission currently restricts the currently available public access to the marine park.
If the chief executive proposes to take action (the proposed action ) under section 32 , the chief executive must give the holder of the permission a notice stating each of the following— the proposed action; the ground for the proposed action; an outline of the facts and circumstances forming the basis for the ground; if the proposed action is suspension of the permission—the proposed suspension period; an invitation to make written submissions, within a stated period of at least 20 business days after the notice is given, about why the proposed action should not be taken. If, after considering any written submissions made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide— if the proposed action was to suspend the permission—to suspend it for not longer than the proposed suspension period; or if the proposed action was to cancel the permission—either to cancel it or to suspend it for a period. If the chief executive decides to suspend or cancel the permission, the chief executive must give the holder an information notice about the decision. A decision to suspend or cancel the permission takes effect on the later of the following days— the day the information notice is given to the holder; the day of effect stated in the information notice. If the chief executive decides not to take the proposed action, the chief executive must as soon as practicable after making the decision give the holder notice of the decision. If a permission is suspended because of the conviction of a person for an offence and the conviction is quashed, the suspension period ends on the day the conviction is quashed. If a permission is cancelled because of the conviction of a person for an offence and the conviction is quashed, the cancellation has no further effect. (sec.33-ssec.1) If the chief executive proposes to take action (the proposed action ) under section 32 , the chief executive must give the holder of the permission a notice stating each of the following— the proposed action; the ground for the proposed action; an outline of the facts and circumstances forming the basis for the ground; if the proposed action is suspension of the permission—the proposed suspension period; an invitation to make written submissions, within a stated period of at least 20 business days after the notice is given, about why the proposed action should not be taken. (sec.33-ssec.2) If, after considering any written submissions made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide— if the proposed action was to suspend the permission—to suspend it for not longer than the proposed suspension period; or if the proposed action was to cancel the permission—either to cancel it or to suspend it for a period. (sec.33-ssec.3) If the chief executive decides to suspend or cancel the permission, the chief executive must give the holder an information notice about the decision. (sec.33-ssec.4) A decision to suspend or cancel the permission takes effect on the later of the following days— the day the information notice is given to the holder; the day of effect stated in the information notice. (sec.33-ssec.5) If the chief executive decides not to take the proposed action, the chief executive must as soon as practicable after making the decision give the holder notice of the decision. (sec.33-ssec.6) If a permission is suspended because of the conviction of a person for an offence and the conviction is quashed, the suspension period ends on the day the conviction is quashed. (sec.33-ssec.7) If a permission is cancelled because of the conviction of a person for an offence and the conviction is quashed, the cancellation has no further effect.
s 34 om 2024 SL No. 25 s 18
s 35 om 2024 SL No. 25 s 18
s 36 om 2024 SL No. 25 s 18
This section applies to the holder of a permission if a change to either of the following happens— the holder’s name; the holder’s place of business. The holder must before, or immediately after, the change happens— give the chief executive a notice stating the nature of the change; and apply to the chief executive for an amendment of the permission to reflect the change. Maximum penalty—10 penalty units. For amending a permission by application, see section 26 . (sec.37-ssec.1) This section applies to the holder of a permission if a change to either of the following happens— the holder’s name; the holder’s place of business. (sec.37-ssec.2) The holder must before, or immediately after, the change happens— give the chief executive a notice stating the nature of the change; and apply to the chief executive for an amendment of the permission to reflect the change. Maximum penalty—10 penalty units. For amending a permission by application, see section 26 .
s 38 om 2024 SL No. 25 s 19
The holder of a permission may, by notice given to the chief executive, surrender the permission. The surrender takes effect on the later of the following days— the day the notice is given to the chief executive; the day stated in the notice. s 39 sub 2024 SL No. 25 s 20 (sec.39-ssec.1) The holder of a permission may, by notice given to the chief executive, surrender the permission. (sec.39-ssec.2) The surrender takes effect on the later of the following days— the day the notice is given to the chief executive; the day stated in the notice.
This section applies if— the holder of a permission makes an application for a new permission of the same type; and the new permission is intended to commence immediately after the expiry of the existing permission. The existing permission is taken to continue in force from the day it would otherwise have expired (the original expiration day ) until the day on which the earliest of the following happens— the chief executive grants the new permission; the chief executive decides to refuse the application and gives the applicant an information notice about the decision; the applicant is taken to have withdrawn the application under section 12 . If the chief executive grants the new permission— the existing permission is taken to have expired on the original expiration day; and the new permission is taken to have commenced immediately after the existing permission’s original expiration day; and for the period during which the existing permission is taken to have continued in force under subsection (2) , the new permission is taken to be subject to the same conditions and authorise the same activities as the existing permission. Subsection (2) does not stop the existing permission from being suspended or cancelled under this regulation. (sec.40-ssec.1) This section applies if— the holder of a permission makes an application for a new permission of the same type; and the new permission is intended to commence immediately after the expiry of the existing permission. (sec.40-ssec.2) The existing permission is taken to continue in force from the day it would otherwise have expired (the original expiration day ) until the day on which the earliest of the following happens— the chief executive grants the new permission; the chief executive decides to refuse the application and gives the applicant an information notice about the decision; the applicant is taken to have withdrawn the application under section 12 . (sec.40-ssec.3) If the chief executive grants the new permission— the existing permission is taken to have expired on the original expiration day; and the new permission is taken to have commenced immediately after the existing permission’s original expiration day; and for the period during which the existing permission is taken to have continued in force under subsection (2) , the new permission is taken to be subject to the same conditions and authorise the same activities as the existing permission. (sec.40-ssec.4) Subsection (2) does not stop the existing permission from being suspended or cancelled under this regulation.
A permission granted under this part authorises the holder of the permission to enter and use the marine park, or the part of a marine park, stated on the permission for conducting the activity stated on the permission. To remove any doubt, it is declared that the authorisation mentioned in subsection (1) is subject to the following— the authorisation does not exist during a period the permission is suspended under division 4 ; the authorisation ceases to exist if the permission is cancelled under division 4 . (sec.41-ssec.1) A permission granted under this part authorises the holder of the permission to enter and use the marine park, or the part of a marine park, stated on the permission for conducting the activity stated on the permission. (sec.41-ssec.2) To remove any doubt, it is declared that the authorisation mentioned in subsection (1) is subject to the following— the authorisation does not exist during a period the permission is suspended under division 4 ; the authorisation ceases to exist if the permission is cancelled under division 4 .
A permission is granted for the term stated on it. Subject to section 40 , the permission expires at the end of the term. (sec.42-ssec.1) A permission is granted for the term stated on it. (sec.42-ssec.2) Subject to section 40 , the permission expires at the end of the term.
This section applies if a permission includes a condition that the holder of the permission may authorise another person to enter and use a marine park, or a part of a marine park, for conducting an activity that is authorised under the permission for a stated period. The holder of the permission may give the authorisation only by giving the other person a notice stating the following— the name of the person to whom the authorisation is given; the date on which the authorisation was given and the period to which the authorisation applies; the marine park, or the part of a marine park, that may be entered or used for conducting the activity; the nature of the activity; the conditions of the permission that are relevant to conducting the activity. (sec.43-ssec.1) This section applies if a permission includes a condition that the holder of the permission may authorise another person to enter and use a marine park, or a part of a marine park, for conducting an activity that is authorised under the permission for a stated period. (sec.43-ssec.2) The holder of the permission may give the authorisation only by giving the other person a notice stating the following— the name of the person to whom the authorisation is given; the date on which the authorisation was given and the period to which the authorisation applies; the marine park, or the part of a marine park, that may be entered or used for conducting the activity; the nature of the activity; the conditions of the permission that are relevant to conducting the activity.
A person to whom an authorisation under a permission is given under section 43 (2) may enter and use the marine park, or the part of the marine park, stated in the authorisation for conducting the activity stated in the authorisation during the period stated in the authorisation. The person is taken to be conducting the activity under the permission. If the holder of the permission is also conducting the activity under the permission, the activity authorised under the permission, and the conditions of it, apply as if the activity conducted by the person and the activity conducted by the holder were conducted by the same person under the permission. A permission authorises the taking of 500 animals of a species in a marine park. The total number of animals of that species that may be taken under the permission is 500. The number of animals of that species taken by the holder and the number of animals of that species taken by a person to whom the holder gives an authorisation under section 43 (2) must be added together to work out the number of animals of that species that have been taken under the permission. (sec.44-ssec.1) A person to whom an authorisation under a permission is given under section 43 (2) may enter and use the marine park, or the part of the marine park, stated in the authorisation for conducting the activity stated in the authorisation during the period stated in the authorisation. (sec.44-ssec.2) The person is taken to be conducting the activity under the permission. (sec.44-ssec.3) If the holder of the permission is also conducting the activity under the permission, the activity authorised under the permission, and the conditions of it, apply as if the activity conducted by the person and the activity conducted by the holder were conducted by the same person under the permission. A permission authorises the taking of 500 animals of a species in a marine park. The total number of animals of that species that may be taken under the permission is 500. The number of animals of that species taken by the holder and the number of animals of that species taken by a person to whom the holder gives an authorisation under section 43 (2) must be added together to work out the number of animals of that species that have been taken under the permission.
A person conducting an activity under a permission must— have the following available for inspection— for the holder of the permission—the permission or a copy of the permission; for a person to whom an authorisation is given under section 43 —the authorisation or a copy of the authorisation; and if asked by an inspector, produce the permission, authorisation or copy for inspection by the inspector, unless the person has a reasonable excuse. Maximum penalty—50 penalty units. For this section, a copy of the relevant details of a permission is taken to be a copy of the permission. In this section— relevant details , of a permission, means the details needed to identify each of the following matters— if the number for the permission is stated on the permission—the number; the name of the holder of the permission; the term of the permission; the marine park, or the part of a marine park, to which the permission applies; the activity authorised under the permission. (sec.45-ssec.1) A person conducting an activity under a permission must— have the following available for inspection— for the holder of the permission—the permission or a copy of the permission; for a person to whom an authorisation is given under section 43 —the authorisation or a copy of the authorisation; and if asked by an inspector, produce the permission, authorisation or copy for inspection by the inspector, unless the person has a reasonable excuse. Maximum penalty—50 penalty units. (sec.45-ssec.2) For this section, a copy of the relevant details of a permission is taken to be a copy of the permission. (sec.45-ssec.3) In this section— relevant details , of a permission, means the details needed to identify each of the following matters— if the number for the permission is stated on the permission—the number; the name of the holder of the permission; the term of the permission; the marine park, or the part of a marine park, to which the permission applies; the activity authorised under the permission.
The holder of a permission, including a permission continued in force under section 40 , may, under this division, transfer the permission to another person. The holder and the proposed transferee must apply to the chief executive to approve the transfer. The transfer application must be— in the approved form; and signed by the holder and the proposed transferee; and given to the chief executive at least 20 business days before the day on which the transfer is intended to take effect; and if the permission forms a part of a joint permission and the holder of the permission has not, under the Commonwealth Act, paid a fee for the transfer of the Commonwealth permission that forms the other part of the joint permission—accompanied by the relevant transfer fee. This section does not apply to a permission that has been suspended under this regulation. In this section— relevant transfer fee , for a permission that forms part of a joint permission, means an amount that is the same as the amount of the fee that is payable under the Commonwealth Act for the transfer of the Commonwealth permission that forms the other part of the joint permission. For the amount of the fee that is payable for the transfer of a Commonwealth permission, see the Great Barrier Reef Marine Park Regulations 1983 (Cwlth) , section 134 . (sec.46-ssec.1) The holder of a permission, including a permission continued in force under section 40 , may, under this division, transfer the permission to another person. (sec.46-ssec.2) The holder and the proposed transferee must apply to the chief executive to approve the transfer. (sec.46-ssec.3) The transfer application must be— in the approved form; and signed by the holder and the proposed transferee; and given to the chief executive at least 20 business days before the day on which the transfer is intended to take effect; and if the permission forms a part of a joint permission and the holder of the permission has not, under the Commonwealth Act, paid a fee for the transfer of the Commonwealth permission that forms the other part of the joint permission—accompanied by the relevant transfer fee. (sec.46-ssec.4) This section does not apply to a permission that has been suspended under this regulation. (sec.46-ssec.5) In this section— relevant transfer fee , for a permission that forms part of a joint permission, means an amount that is the same as the amount of the fee that is payable under the Commonwealth Act for the transfer of the Commonwealth permission that forms the other part of the joint permission. For the amount of the fee that is payable for the transfer of a Commonwealth permission, see the Great Barrier Reef Marine Park Regulations 1983 (Cwlth) , section 134 .
The holder of a permission that authorises the conducting of a commercial whale watching program in the Point Lookout area within the Moreton Bay Marine Park may transfer the permission only to a person mentioned in section 18 (3) (a) . s 46A ins 2018 SL No. 109 s 4
In considering a transfer application, the chief executive must have regard to each of the following— whether the proposed transferee is a suitable person to hold the permission; whether the holder of the permission, or the proposed transferee, owes any fee or other amount payable under the Act ; if the permission authorises the conducting of a commercial whale watching program in the Point Lookout area within the Moreton Bay Marine Park—whether the proposed transferee is a person mentioned in section 18 (3) (a) ; if the application relates to an undeveloped project, the cost of which will be significant—the capacity of the proposed transferee to satisfactorily develop the project; all matters relevant to ensuring the orderly and proper management of the marine park to which the permission applies. s 47 amd 2018 SL No. 109 s 5
Before deciding a transfer application, the chief executive may, by notice given to the holder of the permission or the proposed transferee, ask the holder or proposed transferee to give the chief executive any further information the chief executive reasonably requires to decide the application. The holder and proposed transferee are taken to have withdrawn the application if the request is not complied with within the reasonable period of at least 20 business days stated in the notice. The chief executive may extend the period within which the information must be given. (sec.48-ssec.1) Before deciding a transfer application, the chief executive may, by notice given to the holder of the permission or the proposed transferee, ask the holder or proposed transferee to give the chief executive any further information the chief executive reasonably requires to decide the application. (sec.48-ssec.2) The holder and proposed transferee are taken to have withdrawn the application if the request is not complied with within the reasonable period of at least 20 business days stated in the notice. (sec.48-ssec.3) The chief executive may extend the period within which the information must be given.
The chief executive must decide a transfer application within 20 business days after the chief executive— receives the application; or if the chief executive has asked for further information under section 48 —receives the information. The chief executive may approve the transfer of a permission only if the chief executive is satisfied the proposed transferee is a suitable person to hold the permission. If the chief executive refuses to approve the transfer, the chief executive must give the holder of the permission and the proposed transferee an information notice about the decision. (sec.49-ssec.1) The chief executive must decide a transfer application within 20 business days after the chief executive— receives the application; or if the chief executive has asked for further information under section 48 —receives the information. (sec.49-ssec.2) The chief executive may approve the transfer of a permission only if the chief executive is satisfied the proposed transferee is a suitable person to hold the permission. (sec.49-ssec.3) If the chief executive refuses to approve the transfer, the chief executive must give the holder of the permission and the proposed transferee an information notice about the decision.
This section applies if the chief executive decides to approve the transfer of a permission under section 49 . The chief executive must cancel the permission and give the proposed transferee a new permission— authorising the same activity as the cancelled permission immediately before it was cancelled under this section; and with a term— starting on the later of the following days (the transfer day )— the day the application is decided; the day stated in the application for the approval of the transfer as the day on which the transfer is to take effect; and ending on the day the cancelled permission would have ended if it were not cancelled under this section; and subject to the same conditions as the cancelled permission immediately before it was cancelled under this section. Despite subsection (2) (c) , the chief executive may impose a new or different condition on the new permission if— the proposed transferee consents to the new or different condition; or it is a condition that provides for an indemnity for the State against any liability for loss or damage that is suffered by any person and is caused, whether directly or indirectly, by the activities conducted under the permission; or it is a condition that provides for the compensation or reimbursement of any loss or expense incurred by the State in relation to activities conducted under the permission. s 50 amd 2024 SL No. 25 s 21 (sec.50-ssec.1) This section applies if the chief executive decides to approve the transfer of a permission under section 49 . (sec.50-ssec.2) The chief executive must cancel the permission and give the proposed transferee a new permission— authorising the same activity as the cancelled permission immediately before it was cancelled under this section; and with a term— starting on the later of the following days (the transfer day )— the day the application is decided; the day stated in the application for the approval of the transfer as the day on which the transfer is to take effect; and ending on the day the cancelled permission would have ended if it were not cancelled under this section; and subject to the same conditions as the cancelled permission immediately before it was cancelled under this section. (sec.50-ssec.3) Despite subsection (2) (c) , the chief executive may impose a new or different condition on the new permission if— the proposed transferee consents to the new or different condition; or it is a condition that provides for an indemnity for the State against any liability for loss or damage that is suffered by any person and is caused, whether directly or indirectly, by the activities conducted under the permission; or it is a condition that provides for the compensation or reimbursement of any loss or expense incurred by the State in relation to activities conducted under the permission.
This section applies if— an authorisation is given under a permission under section 43 ; and the permission is transferred to another person (the transferee ) under this division. The authorisation continues in effect as if the authorisation were given by the transferee. (sec.51-ssec.1) This section applies if— an authorisation is given under a permission under section 43 ; and the permission is transferred to another person (the transferee ) under this division. (sec.51-ssec.2) The authorisation continues in effect as if the authorisation were given by the transferee.
The chief executive may, for the State, enter into an agreement (a commercial activity agreement ) with a person authorising the person to enter and use a marine park or a part of a marine park for conducting a commercial activity in the marine park or part. The chief executive may enter into the agreement in any 1 or more of the following ways— by using an expression of interest process under division 2 for entering into the agreement; by using an application process under division 3 for entering into the agreement; by entering into the agreement with the holder of a permission that authorises the holder to enter and use the marine park or part for conducting the activity in the marine park or part. The commercial activity agreement may be combined with either or both of the following— a commercial activity agreement entered into by the person under the Nature Conservation (Protected Areas Management) Regulation 2024 , section 162 ; a commercial activity agreement entered into by the person under the Recreation Areas Management Act 2006 , section 69 . s 52 amd 2020 SL No. 138 s 41 ; 2024 SL No. 200 s 4 (sec.52-ssec.1) The chief executive may, for the State, enter into an agreement (a commercial activity agreement ) with a person authorising the person to enter and use a marine park or a part of a marine park for conducting a commercial activity in the marine park or part. (sec.52-ssec.2) The chief executive may enter into the agreement in any 1 or more of the following ways— by using an expression of interest process under division 2 for entering into the agreement; by using an application process under division 3 for entering into the agreement; by entering into the agreement with the holder of a permission that authorises the holder to enter and use the marine park or part for conducting the activity in the marine park or part. (sec.52-ssec.3) The commercial activity agreement may be combined with either or both of the following— a commercial activity agreement entered into by the person under the Nature Conservation (Protected Areas Management) Regulation 2024 , section 162 ; a commercial activity agreement entered into by the person under the Recreation Areas Management Act 2006 , section 69 . s 52 amd 2020 SL No. 138 s 41 ; 2024 SL No. 200 s 4
A commercial activity agreement must be consistent with— the Act ; and each zoning plan and management plan applying to the marine park to which it applies; and the use and non-use values of the marine park to which it applies. A commercial activity agreement can not— authorise a person to enter or use a marine park, or a part of a marine park, for a prohibited purpose for the marine park or part; or create an interest in tidal land in a marine park; or authorise the carrying out of major earthworks, or the installation of a permanent structure, in a marine park. In this section— major earthworks means earthworks that cause a major disturbance to the natural or cultural resources in a marine park. construction of a drainage channel, dredging (sec.53-ssec.1) A commercial activity agreement must be consistent with— the Act ; and each zoning plan and management plan applying to the marine park to which it applies; and the use and non-use values of the marine park to which it applies. (sec.53-ssec.2) A commercial activity agreement can not— authorise a person to enter or use a marine park, or a part of a marine park, for a prohibited purpose for the marine park or part; or create an interest in tidal land in a marine park; or authorise the carrying out of major earthworks, or the installation of a permanent structure, in a marine park. (sec.53-ssec.3) In this section— major earthworks means earthworks that cause a major disturbance to the natural or cultural resources in a marine park. construction of a drainage channel, dredging
The chief executive may enter into a commercial activity agreement with a person only if the chief executive is satisfied the person is a suitable person to be a party to the agreement.
The chief executive may enter into a commercial activity agreement with a person only if the chief executive is satisfied there is adequate insurance cover for the activities authorised under the agreement. However, subsection (1) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities, including whether insurance is commonly available for the activities. (sec.55-ssec.1) The chief executive may enter into a commercial activity agreement with a person only if the chief executive is satisfied there is adequate insurance cover for the activities authorised under the agreement. (sec.55-ssec.2) However, subsection (1) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities, including whether insurance is commonly available for the activities.
A commercial activity agreement must be written and include each of the following details— the name of the marine park to which it applies; if the agreement applies to a zone or designated area of a marine park—the name of the zone or area; the date the agreement is entered into; its term; the name of the person with whom it is entered into and, if the person is a corporation, its ABN or ACN; the person’s place of business; the activities authorised under the agreement; any conditions of the agreement; the amount payable to the State under the agreement, or a way of working out the amount. Subsection (1) does not limit the matters that may be included in the agreement. The parties to the agreement may, by agreement, amend it at any time. See also division 5 for provisions about amendment, suspension and cancellation of commercial activity agreements. (sec.56-ssec.1) A commercial activity agreement must be written and include each of the following details— the name of the marine park to which it applies; if the agreement applies to a zone or designated area of a marine park—the name of the zone or area; the date the agreement is entered into; its term; the name of the person with whom it is entered into and, if the person is a corporation, its ABN or ACN; the person’s place of business; the activities authorised under the agreement; any conditions of the agreement; the amount payable to the State under the agreement, or a way of working out the amount. (sec.56-ssec.2) Subsection (1) does not limit the matters that may be included in the agreement. (sec.56-ssec.3) The parties to the agreement may, by agreement, amend it at any time. See also division 5 for provisions about amendment, suspension and cancellation of commercial activity agreements.
This section applies if the chief executive reasonably believes a commercial activity agreement should be subject to a condition that will assist in achieving the purpose of the Act . See section 5 of the Act for the Act ’s purpose and how it is to be achieved. The chief executive must not enter into the agreement unless— the agreement is made subject to the condition; and the agreement identifies the condition as a conservation condition and states that a breach of the condition is an offence against section 58 . (sec.57-ssec.1) This section applies if the chief executive reasonably believes a commercial activity agreement should be subject to a condition that will assist in achieving the purpose of the Act . See section 5 of the Act for the Act ’s purpose and how it is to be achieved. (sec.57-ssec.2) The chief executive must not enter into the agreement unless— the agreement is made subject to the condition; and the agreement identifies the condition as a conservation condition and states that a breach of the condition is an offence against section 58 .
A person acting under a commercial activity agreement must comply with each conservation condition of the agreement. Maximum penalty—80 penalty units. In this section— conservation condition , of a commercial activity agreement, means a condition that, under section 57 , is identified as a conservation condition of the agreement. (sec.58-ssec.1) A person acting under a commercial activity agreement must comply with each conservation condition of the agreement. Maximum penalty—80 penalty units. (sec.58-ssec.2) In this section— conservation condition , of a commercial activity agreement, means a condition that, under section 57 , is identified as a conservation condition of the agreement.
This division applies if the chief executive decides to use an expression of interest process for entering into a commercial activity agreement for the conducting of a commercial activity in a marine park or a part of a marine park.
The chief executive may invite expressions of interest for a commercial activity agreement for the activity for the marine park or part from— only the holders of a permission authorising the conducting of the activity in the marine park or part; or the members of the public the chief executive reasonably believes would be interested in submitting an expression of interest for the agreement. The invitation must be made in the way the chief executive considers appropriate having regard to the need to ensure the persons to be invited to submit an expression of interest— are made aware that the process is being conducted; and have enough time to make an appropriate expression of interest. The invitation must state each of the following— the commercial activity and the marine park, or the part of a marine park, that will be the subject of the agreement; if the commercial activity is a prescribed commercial activity for the marine park or part— that the commercial activity is a prescribed commercial activity for the marine park or part; and that, under section 127 , a person may conduct the prescribed commercial activity in the marine park or part only under a commercial activity agreement; if the expression of interest process is open to only the holders of a permission authorising the conducting of the activity for the marine park or part—that only those holders may submit an expression of interest for the agreement; how the expression of interest may be submitted to the chief executive; when the expression of interest must be submitted to the chief executive; that details of each of the following are available at a stated place— the matters the chief executive will consider to decide whether to enter into the agreement; any proposed conditions of the agreement that are likely to impact on the conducting of the activity under the agreement. (sec.60-ssec.1) The chief executive may invite expressions of interest for a commercial activity agreement for the activity for the marine park or part from— only the holders of a permission authorising the conducting of the activity in the marine park or part; or the members of the public the chief executive reasonably believes would be interested in submitting an expression of interest for the agreement. (sec.60-ssec.2) The invitation must be made in the way the chief executive considers appropriate having regard to the need to ensure the persons to be invited to submit an expression of interest— are made aware that the process is being conducted; and have enough time to make an appropriate expression of interest. (sec.60-ssec.3) The invitation must state each of the following— the commercial activity and the marine park, or the part of a marine park, that will be the subject of the agreement; if the commercial activity is a prescribed commercial activity for the marine park or part— that the commercial activity is a prescribed commercial activity for the marine park or part; and that, under section 127 , a person may conduct the prescribed commercial activity in the marine park or part only under a commercial activity agreement; if the expression of interest process is open to only the holders of a permission authorising the conducting of the activity for the marine park or part—that only those holders may submit an expression of interest for the agreement; how the expression of interest may be submitted to the chief executive; when the expression of interest must be submitted to the chief executive; that details of each of the following are available at a stated place— the matters the chief executive will consider to decide whether to enter into the agreement; any proposed conditions of the agreement that are likely to impact on the conducting of the activity under the agreement.
An expression of interest for a commercial activity agreement must be— written; and submitted in the way, and by the day and time, stated in the invitation under section 60 .
Subject to the restrictions about entering into a commercial activity agreement mentioned in division 1 , any process the chief executive considers appropriate may be used to decide which expressions of interest should be further negotiated toward a commercial activity agreement. However, in considering an expression of interest, the chief executive must have regard to— the matters the chief executive is required to have regard to in considering an application for a permission for the activity; and any other matter the chief executive reasonably considers relevant. See part 3 for the matters the chief executive must have regard to in considering an application for a permission for conducting a commercial activity in a marine park. (sec.62-ssec.1) Subject to the restrictions about entering into a commercial activity agreement mentioned in division 1 , any process the chief executive considers appropriate may be used to decide which expressions of interest should be further negotiated toward a commercial activity agreement. (sec.62-ssec.2) However, in considering an expression of interest, the chief executive must have regard to— the matters the chief executive is required to have regard to in considering an application for a permission for the activity; and any other matter the chief executive reasonably considers relevant. See part 3 for the matters the chief executive must have regard to in considering an application for a permission for conducting a commercial activity in a marine park.
Without limiting section 62 (1) , the chief executive may, by notice given to the submitter of an expression of interest, ask the submitter to give the chief executive further reasonable information within the reasonable period of at least 20 business days stated in the notice. If the submitter does not, without reasonable excuse, give the chief executive the further information by the stated day— the expression of interest is taken to have been withdrawn; and the chief executive must give the submitter a notice stating that— under this section the expression of interest is taken to be withdrawn; and the submitter may submit another expression of interest. The chief executive may extend the period within which the information must be given. (sec.63-ssec.1) Without limiting section 62 (1) , the chief executive may, by notice given to the submitter of an expression of interest, ask the submitter to give the chief executive further reasonable information within the reasonable period of at least 20 business days stated in the notice. (sec.63-ssec.2) If the submitter does not, without reasonable excuse, give the chief executive the further information by the stated day— the expression of interest is taken to have been withdrawn; and the chief executive must give the submitter a notice stating that— under this section the expression of interest is taken to be withdrawn; and the submitter may submit another expression of interest. (sec.63-ssec.3) The chief executive may extend the period within which the information must be given.
If the chief executive agrees, the submitter of an expression of interest may amend it before the chief executive has finished considering it.
The chief executive must, within 10 business days after making a decision under section 62 , give each unsuccessful submitter of an expression of interest notice of the decision.
This division applies if the chief executive decides to use an application process for entering into a commercial activity agreement for conducting a commercial activity in a marine park or a part of a marine park.
A person may apply to the chief executive for a commercial activity agreement for conducting a commercial activity in a marine park or a part of a marine park. The application must— be in the approved form; and be supported by enough information to enable the application to be decided, including the information mentioned in schedule 2 ; and comply with any other requirements for the application under a zoning plan applying to the marine park. (sec.67-ssec.1) A person may apply to the chief executive for a commercial activity agreement for conducting a commercial activity in a marine park or a part of a marine park. (sec.67-ssec.2) The application must— be in the approved form; and be supported by enough information to enable the application to be decided, including the information mentioned in schedule 2 ; and comply with any other requirements for the application under a zoning plan applying to the marine park.
In considering the application, the chief executive must have regard to— the matters the chief executive is required to have regard to in considering an application for a permission for the activity; and any other matter the chief executive reasonably considers relevant. See part 3 for the matters the chief executive must have regard to in considering an application for a permission for conducting a commercial activity in a marine park.
The chief executive may, by notice given to the applicant, ask the applicant to give the chief executive further reasonable information within the reasonable period of at least 20 business days stated in the notice. If the applicant does not, without reasonable excuse, give the chief executive the further information by the stated day— the application is taken to have been withdrawn; and the chief executive must give the applicant a notice stating— under this section, the application is taken to be withdrawn; and the applicant may make a new application. The chief executive may extend the period within which the information must be given. (sec.69-ssec.1) The chief executive may, by notice given to the applicant, ask the applicant to give the chief executive further reasonable information within the reasonable period of at least 20 business days stated in the notice. (sec.69-ssec.2) If the applicant does not, without reasonable excuse, give the chief executive the further information by the stated day— the application is taken to have been withdrawn; and the chief executive must give the applicant a notice stating— under this section, the application is taken to be withdrawn; and the applicant may make a new application. (sec.69-ssec.3) The chief executive may extend the period within which the information must be given.
If the chief executive agrees, the applicant may amend the application before the chief executive has finished considering it.
This section applies if the chief executive considers entering into a commercial activity agreement and the subject of the application may restrict the reasonable use of a marine park, or a part of a marine park, by persons other than the applicant. The chief executive may give the applicant a notice stating— the applicant must give public notice of the application within a stated period; and the information that must be included in the notice the subject of the public notice; and the number of times, being not more than 2, the public notice must be given. The applicant must give the public notice and ensure it— includes the stated information; and invites interested persons to make written submissions to the chief executive, in relation to the application— at an address stated in the notice; and within a stated period of at least 20 business days. Before deciding whether or not to further negotiate toward entering into the agreement, the chief executive must consider any written submissions received by the chief executive in response to the public notice within the stated period. The applicant is taken to have withdrawn the application if the applicant does not comply with— a notice given under subsection (2) ; or the requirements for giving the public notice under subsection (3) . (sec.71-ssec.1) This section applies if the chief executive considers entering into a commercial activity agreement and the subject of the application may restrict the reasonable use of a marine park, or a part of a marine park, by persons other than the applicant. (sec.71-ssec.2) The chief executive may give the applicant a notice stating— the applicant must give public notice of the application within a stated period; and the information that must be included in the notice the subject of the public notice; and the number of times, being not more than 2, the public notice must be given. (sec.71-ssec.3) The applicant must give the public notice and ensure it— includes the stated information; and invites interested persons to make written submissions to the chief executive, in relation to the application— at an address stated in the notice; and within a stated period of at least 20 business days. (sec.71-ssec.4) Before deciding whether or not to further negotiate toward entering into the agreement, the chief executive must consider any written submissions received by the chief executive in response to the public notice within the stated period. (sec.71-ssec.5) The applicant is taken to have withdrawn the application if the applicant does not comply with— a notice given under subsection (2) ; or the requirements for giving the public notice under subsection (3) .
The chief executive must consider each application for a commercial activity agreement and decide— to negotiate the signing of a commercial activity agreement for the application; or to refuse to negotiate the signing of a commercial activity agreement for the application. The chief executive must give the applicant a notice of the decision within 10 business days after making the decision. If the decision is a refusal under subsection (1) (b) , the notice must be an information notice. (sec.72-ssec.1) The chief executive must consider each application for a commercial activity agreement and decide— to negotiate the signing of a commercial activity agreement for the application; or to refuse to negotiate the signing of a commercial activity agreement for the application. (sec.72-ssec.2) The chief executive must give the applicant a notice of the decision within 10 business days after making the decision. (sec.72-ssec.3) If the decision is a refusal under subsection (1) (b) , the notice must be an information notice.
If, after negotiation, the chief executive decides to enter into a commercial activity agreement, the chief executive must, as soon as practicable after making the decision, enter into the agreement with the applicant. If, after negotiation, the chief executive decides to refuse to enter into the commercial activity agreement, the chief executive must, within 10 business days after making the decision, give the applicant an information notice about the decision. (sec.73-ssec.1) If, after negotiation, the chief executive decides to enter into a commercial activity agreement, the chief executive must, as soon as practicable after making the decision, enter into the agreement with the applicant. (sec.73-ssec.2) If, after negotiation, the chief executive decides to refuse to enter into the commercial activity agreement, the chief executive must, within 10 business days after making the decision, give the applicant an information notice about the decision.
A commercial activity agreement must not be for a term longer than 15 years from the day the agreement starts. The agreement may allow for the term of the agreement to be extended at any time, as long as the term of the agreement is not, at any time, longer than 15 years. The agreement may also provide for— a review of the agreement to be conducted at stated intervals; and the matters to be considered at the review. s 74 amd 2024 SL No. 25 s 22 (sec.74-ssec.1) A commercial activity agreement must not be for a term longer than 15 years from the day the agreement starts. (sec.74-ssec.2) The agreement may allow for the term of the agreement to be extended at any time, as long as the term of the agreement is not, at any time, longer than 15 years. (sec.74-ssec.3) The agreement may also provide for— a review of the agreement to be conducted at stated intervals; and the matters to be considered at the review.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This regulation may be cited as the Marine Parks Regulation 2017 .
This regulation commences on 1 September 2017.
The dictionary in schedule 6 defines particular words used in this regulation.
A marine park may be comprised of 1 or more of the following zones— general use zone; habitat protection zone; conservation park zone; buffer zone; scientific research zone; marine national park zone; preservation zone. A marine park may also include a zone of a name and nature corresponding to a zone of the Commonwealth marine park. The classes of zones mentioned in subsection (1) are listed in ascending order of the level of protection they must be given under the zoning plan applying to the marine park. (sec.4-ssec.1) A marine park may be comprised of 1 or more of the following zones— general use zone; habitat protection zone; conservation park zone; buffer zone; scientific research zone; marine national park zone; preservation zone. (sec.4-ssec.2) A marine park may also include a zone of a name and nature corresponding to a zone of the Commonwealth marine park. (sec.4-ssec.3) The classes of zones mentioned in subsection (1) are listed in ascending order of the level of protection they must be given under the zoning plan applying to the marine park.
Despite section 4 , the GBR Coast Marine Park may also include an estuarine conservation zone. The estuarine conservation zone in the marine park falls between the habitat protection zone and the conservation park zone in the order of the level of protection that must be given to classes of zones under the zoning plan applying to the marine park. (sec.5-ssec.1) Despite section 4 , the GBR Coast Marine Park may also include an estuarine conservation zone. (sec.5-ssec.2) The estuarine conservation zone in the marine park falls between the habitat protection zone and the conservation park zone in the order of the level of protection that must be given to classes of zones under the zoning plan applying to the marine park.
The objects to be achieved for a zone mentioned in section 4 (1) or 5 are stated in schedule 1 .
For the Act , schedule, definition highly protected area , paragraph (b) , a zone classified as a buffer zone or a scientific research zone is a highly protected area.
A person may apply to the chief executive for the grant of a permission for a marine park or a part of a marine park. The application must— be in the approved form; and be supported by enough information to enable the application to be decided, including the information mentioned in schedule 2 ; and comply with any other requirements for the application under a zoning plan applying to the marine park. (sec.8-ssec.1) A person may apply to the chief executive for the grant of a permission for a marine park or a part of a marine park. (sec.8-ssec.2) The application must— be in the approved form; and be supported by enough information to enable the application to be decided, including the information mentioned in schedule 2 ; and comply with any other requirements for the application under a zoning plan applying to the marine park.
This section applies to an application for a permission for which a fee is payable if the fee does not accompany the application. The chief executive must, by notice— ask the applicant to pay the fee within a stated period of at least 60 business days after receiving the notice; and advise the applicant that if the fee is not paid within the stated period, the chief executive may refuse to decide the application under this section. The chief executive may refuse to decide the application until the fee is paid. (sec.9-ssec.1) This section applies to an application for a permission for which a fee is payable if the fee does not accompany the application. (sec.9-ssec.2) The chief executive must, by notice— ask the applicant to pay the fee within a stated period of at least 60 business days after receiving the notice; and advise the applicant that if the fee is not paid within the stated period, the chief executive may refuse to decide the application under this section. (sec.9-ssec.3) The chief executive may refuse to decide the application until the fee is paid.
In considering an application for a permission for a marine park or a part of a marine park, the chief executive must have regard to all of the following— the potential impact of the conduct proposed to be permitted under the permission (the proposed conduct ) on the environment and on the cultural resources of the marine park or part; options for monitoring, managing and mitigating the potential impact of the proposed conduct on the environment and on the cultural resources of the marine park or part; if the proposed conduct will take place in an area to which a zoning plan applies—the objects of the area as set out in the zoning plan; any written submissions received about the application in response to any public notice of the application given under section 15 ; any other matters relevant to the orderly and proper management of the marine park.
In considering an application for a permission for a marine park or a part of a marine park, the chief executive may also have regard to the following— the effect that the grant of the permission will have on public appreciation, understanding, and enjoyment of the marine park; the potential impact of the conduct proposed to be permitted under the permission (the proposed conduct ) on other conduct in the relevant area or nearby areas, or in the marine park, that is being undertaken, is planned, is in progress, or is reasonably foreseeable at the time of the chief executive’s consideration of the application, whether or not related to or a consequence of the proposed conduct; any policy or guideline issued by the chief executive about the management of the marine park or the performance of the chief executive’s functions under the Act ; if the application for the permission relates to an undeveloped project the cost of which will be large—the capacity of the applicant to satisfactorily develop and manage the project; if the proposed conduct also requires an approval or a permission under a law of the State or a law of the Commonwealth or another State— whether the approval or permission has been granted and, if so, its terms; or whether the approval or permission is likely to be granted and, if granted, its likely terms; any relevant intergovernmental, Australian or international agreement, code, instrument, protocol or standard; any relevant law of the State or of the Commonwealth, or a relevant instrument; any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) , or any conservation plan under the Nature Conservation Act 1992 ; whether the applicant for the permission is a suitable person to hold the permission, having regard to— the applicant’s history in relation to environment matters; and if the applicant is a body corporate—the history of its executive officers in relation to environment matters; and if the applicant is a company that is a subsidiary of another company (the parent body )—the history of the parent body and its executive officers in relation to environment matters; and whether the applicant owes any amount payable under the Act ; the likely cumulative effect of the applicant’s proposed use and other uses on a marine park; any other matters relevant to achieving the purpose of the Act . In this section— relevant instrument , for a marine park or a part of a marine park, means— a management plan applying to the marine park or part; or a management statement or management plan under the Nature Conservation Act 1992 applying to a protected area under that Act that is within or adjacent to the marine park or part; or a management plan under the Recreation Areas Management Act 2006 applying to a recreation area under that Act that is within or adjacent to the marine park or part; or a plan of management under the Commonwealth Act applying to an area of the Commonwealth marine park that is within or adjacent to the marine park or part; or a coastal plan under the Coastal Protection and Management Act 1995 applying to the coastal zone under that Act that is within or adjacent to the marine park or part; or any other instrument made under an Act that the chief executive considers is relevant. an instrument about the management of the environment (sec.11-ssec.1) In considering an application for a permission for a marine park or a part of a marine park, the chief executive may also have regard to the following— the effect that the grant of the permission will have on public appreciation, understanding, and enjoyment of the marine park; the potential impact of the conduct proposed to be permitted under the permission (the proposed conduct ) on other conduct in the relevant area or nearby areas, or in the marine park, that is being undertaken, is planned, is in progress, or is reasonably foreseeable at the time of the chief executive’s consideration of the application, whether or not related to or a consequence of the proposed conduct; any policy or guideline issued by the chief executive about the management of the marine park or the performance of the chief executive’s functions under the Act ; if the application for the permission relates to an undeveloped project the cost of which will be large—the capacity of the applicant to satisfactorily develop and manage the project; if the proposed conduct also requires an approval or a permission under a law of the State or a law of the Commonwealth or another State— whether the approval or permission has been granted and, if so, its terms; or whether the approval or permission is likely to be granted and, if granted, its likely terms; any relevant intergovernmental, Australian or international agreement, code, instrument, protocol or standard; any relevant law of the State or of the Commonwealth, or a relevant instrument; any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) , or any conservation plan under the Nature Conservation Act 1992 ; whether the applicant for the permission is a suitable person to hold the permission, having regard to— the applicant’s history in relation to environment matters; and if the applicant is a body corporate—the history of its executive officers in relation to environment matters; and if the applicant is a company that is a subsidiary of another company (the parent body )—the history of the parent body and its executive officers in relation to environment matters; and whether the applicant owes any amount payable under the Act ; the likely cumulative effect of the applicant’s proposed use and other uses on a marine park; any other matters relevant to achieving the purpose of the Act . (sec.11-ssec.2) In this section— relevant instrument , for a marine park or a part of a marine park, means— a management plan applying to the marine park or part; or a management statement or management plan under the Nature Conservation Act 1992 applying to a protected area under that Act that is within or adjacent to the marine park or part; or a management plan under the Recreation Areas Management Act 2006 applying to a recreation area under that Act that is within or adjacent to the marine park or part; or a plan of management under the Commonwealth Act applying to an area of the Commonwealth marine park that is within or adjacent to the marine park or part; or a coastal plan under the Coastal Protection and Management Act 1995 applying to the coastal zone under that Act that is within or adjacent to the marine park or part; or any other instrument made under an Act that the chief executive considers is relevant. an instrument about the management of the environment
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