This Plan is the Whitsundays Plan of Management 1998.
1.2 Application of this Plan
This Plan applies to the area of the Great Barrier Reef Marine Park (the Marine Park) inside the Whitsunday Planning Area (the Planning Area).
1.3 Intent of this Plan
(1) The intent of this Plan, in conjunction with other management mechanisms, is to protect and conserve identified values, and world heritage values, of the Marine Park and Planning Area, while allowing for reasonable opportunities to access and use the Planning Area having regard to the precautionary principle.
Note 1: For world heritage values, see section 528 of the Environment Protection and Biodiversity Conservation Act 1999 (which is relevant because of subsection 3(1A) of the Great Barrier Reef Marine Park Act 1975 and subsection 13(1) of the Legislation Act 2003).
Note 2: For precautionary principle, see subsection 3(1) of the Act (which is relevant because of subsection 13(1) of the Legislation Act 2003).
(2) Section 39Y of the Act sets out the following objects of plans of management:
(a) to ensure, for particular areas of the Marine Park in which the Authority considers that nature conservation values, cultural and heritage values, or scientific values, are, or may be, threatened, that appropriate proposals are developed to reduce or eliminate the threats;
(b) to ensure management for the recovery and continued protection and conservation of species and ecological communities that are, or may become:
(i) extinct; or
(ii) extinct in the wild; or
(iii) critically endangered; or
(iv) endangered; or
(v) vulnerable; or
(vi) conservation dependent;
(c) to ensure that activities within areas of the Marine Park are managed on the basis of ecologically sustainable use;
(d) to provide a basis for managing the uses of a particular area of the Marine Park that may conflict with other uses of the area or with the values of the area;
(e) to provide for the management of areas of the Marine Park in conjunction with community groups in circumstances where those groups have a special interest in the areas concerned;
(f) to enable people using the Marine Park to participate in a range of recreational activities.
(4) The Authority does not intend that this Plan will impair or extinguish any native title rights in the Planning Area.
1.4 Interpretation
(1) Unless the contrary intention appears, a term defined in Schedule 9 has the meaning given by that schedule.
(2) A reference in this Plan to a reef or other place, followed by an identification number (for example, “Bird Island 20‑019a”), is a reference to the reef or place depicted and numbered in:
(a) the map titled MPZ10—Whitsundays, published by the Authority in April 2011; or
(b) the map titled Special Edition—Whitsunday Group, published by the Authority in September 2011.
(3) There are discrete boundaries for Locations described in Schedule 3.
(5) If part of the boundary of a Location extends beyond the Planning Area, the Location boundary is taken to be the boundary of the Planning Area.
(6) In this Plan, all geographic coordinates are expressed in terms of the Geocentric Datum of Australia 1994 (GDA94), published in Gazette No GN 35 of 6 September 1995.
Subdivision Subdivision 1 - Whitsundays Plan of Management 1998 - Overview of nature conservation values | Zoe
Note 1: The intertidal areas and most of the islands are managed by the Queensland Government.
Note 2: The Commonwealth island of Eshelby Island 20‑012 and the southern part of Dent Island 20‑058c, and their intertidal areas, are managed by the Authority.
Division 2—Overview of values of the Planning Area
1.5 Overview
(1) For the purposes of the Plan, the values of the Planning Area have been grouped into 3 categories:
(a) nature conservation; and
(b) cultural and heritage; and
(c) community (including scientific).
Note: Although the values have been grouped into 3 categories, it is noted that the values are interrelated and overlap. Values constantly evolve over time and are not static. Values (a) and (b) align with the objects of plans of management within the Act and value (c) has been incorporated and termed community values consistent with a broader range of objectives in the plan of management and the Act.
(2) This Division and Divisions 2A, 2B and 2C outline the values and associated issues specific to the Planning Area, as well as the management strategies to address them to ensure ecologically sustainable use.
(3) Aboriginal and Torres Strait Islander Traditional Owners have continuing connections to traditional clan estates which are areas of great importance historically, culturally, socially and economically. This connection has been maintained despite a dynamic environmental shift during the last significant sea level rise (between 12,000 and 8,000 years ago), an altered state of living since European occupation and the modern use of marine and coastal environments. The Authority recognises that as custodians Traditional Owners have unique responsibilities, shared conservation interests and contrasting perspectives for some of the values and uses in the Planning Area.
(4) Climate change, land‑based run‑off, coastal development and some remaining impacts from fishing present threats to the Planning Area at a broader scale. Strategies for managing these threats are presented in the Reef 2050 Long‑Term Sustainability Plan (the Reef 2050 Plan).
(5) Increased visitation from vessels that have travelled internationally also presents the potential for increased biosecurity risks. Australia’s National System for the Prevention and Management of Marine Pest Incursions (including the Biosecurity Act 2015) aims to prevent new marine pests arriving, guide responses when a new pest does arrive and minimise the spread and impact of pests already established in Australia.
(6) The Planning Area is a complex natural system with multiple uses that is subject to successive and combined impacts on the environment (direct harm to marine life, reduced water quality and scenic amenity). This can also lead to adverse impacts on reef‑dependent enterprises. Managing the cumulative impacts presents a challenge requiring a strategic approach with practical decision‑support tools and methods together with supporting policy mechanisms (relating to offsets and net benefits) and stewardship.
Note: The Reef 2050 Plan’s Draft Cumulative Impact Management Policy, Draft Net Benefit Policy and Draft Offset Guideline for the Great Barrier Reef provide a systematic and consistent approach to achieve overall net benefit to the Great Barrier Reef.
Division 2A—Nature conservation values
Subdivision 1—Overview of nature conservation values
1.6 Overview
(1) Nature conservation values of the Planning Area that the Authority considers are, or may be, threatened include the following:
(a) water quality;
(b) corals and associated biota;
(c) habitats and marine animals;
(d) birds nesting or roosting in, or adjacent to, the Planning Area.
(2) To reduce or eliminate the threats to nature conservation values in the Planning Area, areas of unique or outstanding value have been assigned high levels of protection and, in some cases, access is limited in some areas.
Subdivision 2—Water Quality
1.7A Values
(1) The Authority has identified the following values relating to water quality in the Planning Area.
(2) Water in the Planning Area has long been a natural resource of significance to Traditional Owners, their spirituality and their physical health. From prehistoric to contemporary times saltwater areas and freshwater sites are regarded for their diversity in use and value. This includes language and place names, songlines, storylines, intimate traditional ecological knowledge, social enjoyment, historic travel and trade routes, access and use of coastal fishing places, fish traps, hunting grounds and traditional estates.
(3) Good water quality is essential for the optimal functioning and resilience of the ecological systems and the marine life they support.
(4) The clarity of water has supported the growth of a substantial tourism industry. Reef dependent industries receive direct economic benefits from a healthy reef ecosystem that is dependent upon good water quality.
(5) Water clarity is important for the enjoyment of, and satisfaction with, the environment. It is also important for safety, particularly diver safety.
1.7B Issues
(1) The Authority has identified the following issues relating to water quality in the Planning Area.
(2) Changes to water quality may affect the cultural and spiritual values held by Traditional Owners, the way they interact with water and how they use the natural resources that depend on it.
(3) Reduced water quality impacts on the condition of physical, chemical and ecological processes.
(4) Reduced underwater visibility can adversely impact on tourism operators and visitor experience.
(5) Broadly, factors adversely impacting on the water quality are as follows:
(a) land‑based run‑off;
(b) extreme weather events;
(c) coastal development;
(d) direct use from activities including the following:
(i) tourism;
(ii) use of ports;
(iii) shipping;
(iv) fishing;
(v) agricultural activities;
(vi) development.
(6) The Proserpine River directly influences water quality in the Planning Area. Nearby O’Connell, Pioneer, Plane, Burdekin and Fitzroy rivers also influence the water quality in the Planning Area. Potential sources of pollution from these river catchments include sediment, agricultural chemicals and fertilisers, discharge of treated sewage, marine debris and other chemicals including antifouling paint and fuel residues.
(7) There are potential impacts to marine life from the Planning Area’s complex hydrodynamics which can cause settled sediments to re‑suspend.
(8) The exchange of ballast water has the potential to impact on water quality.
Note 1: The acceptable area for ballast water exchange is 12 nautical miles from the outer edge of the Great Barrier Reef under the International Convention for the Control and Management of Ballast Water and Sediments.
Note 2: Further information on ballast water exchange is available in the Australian Ballast Water Management Requirements Version 6 available at www.agriculture.gov.au.
1.7C Strategies
(1) Work in partnership with Traditional Owner groups whose sea country includes the Planning Area to formalise their aspirations for sea country relating to water quality.
(2) Encourage investigation of the complex hydrodynamics in the Planning Area including the retention and resuspension of turbid water.
(3) Encourage investigation into the impacts of anchoring including chain swing at high‑use sites within and adjacent to the Planning Area.
(4) Encourage investigation of the effectiveness of current marine monitoring sites within the Planning Area.
(5) Monitor the water quality parameters identified in the Water Quality Guidelines for the Great Barrier Reef Marine Park and promptly respond where trigger values are exceeded.
Note: The Water Quality Guidelines for the Great Barrier Reef Marine Park are available at www.gbrmpa.gov.au.
(6) Monitor and improve management practices and the quality of water entering the Planning Area, and the Marine Park, under the Reef Water Quality Protection Plan 2013 through partnerships with the Commonwealth and Queensland governments, the Regional Natural Resource Management body and agricultural industries as part of the commitment.
(7) Apply the Dredging and Dredge Spoil Material Disposal Policy for the management of dredging and disposal of dredge spoil material in the Marine Park.
Note: The Dredging and Dredge Spoil Material Disposal Policy is available at www.gbrmpa.gov.au.
(8) Encourage education and community awareness, stewardship and best practice for protecting or improving water quality through partnerships with the Commonwealth, Queensland and local governments, land holders and industry groups.
(9) Encourage vessel operators to obtain up‑to‑date management guidance and comply with inspection requirements to prevent and manage incursions from marine pests in Australia prior to entering the Planning Area.
Note: Information on Australia’s National System for the Prevention and Management of Marine Pest Incursions is available at www.agriculture.gov.au.
(10) Encourage the management of vessels and movable structures within the Planning Area in a manner that avoids the accumulation of biofouling.
Note: Information on the National biofouling management guidelines and the Anti‑fouling and in‑water cleaning guidelines is available at www.agriculture.gov.au.
Subdivision 3—Corals and associated biota
1.8A Values
(1) The Authority has identified the following values relating to corals and associated biota in the Planning Area.
(2) Corals and associated biota are of great cultural, spiritual and social importance especially to Traditional Owners.
(3) The relatively clear waters of the northern part of the Planning Area have allowed for the growth and development of extensive and diverse reef structures and corals that are uncommon on fringing reefs.
(4) Coral reefs vary considerably from fragile hard and soft coral communities to species‑poor muddy reefs. The reefs significant for larval dispersal include but are not limited to those adjacent to Harold, Haslewood, Lindeman and Shaw Islands.
(5) A previously undescribed coral species (Goniastrea sp.) has been recorded at Double Bay, and a species of sponge (Rhabderemia sorokinae) has been recorded at Deloraine Island reef. They are believed to have a limited geographic distribution.
1.8B Issues
(1) The Authority has identified the following issues relating to corals and associated biota in the Planning Area.
(2) Fringing reefs around islands are limited throughout the Marine Park and are well represented in the Planning Area.
(3) The accessibility of fringing reefs make them vulnerable to degradation from excessive human use, including but not limited to anchoring, fin damage from diving and snorkelling, reef walking and collecting.
(4) The slower rate of coral recovery following natural disasters suggests recruitment and recovery from any future disaster may be reduced or take a long time.
(5) Coral and associated biota health is diminished with poor water quality influenced by land‑based run‑off, coastal development and intensified adjacent marine traffic.
(6) Outbreaks and high densities of the native predatory crown‑of‑thorns starfish and Drupella marine snails can cause significant coral damage and have a negative impact on the ecological composition of species representation.
(7) Coral and associated biota health has been affected by coral bleaching in the past and this is predicted to increase in the future.
(8) Coral disease is being increasingly observed and is predicted to increase in the future.
1.8C Strategies
(1) Work in partnership with Traditional Owner groups whose sea country includes the Planning Area to formalise their aspirations for sea country relating to coral and associated biota.
(2) Identify and prioritise coral reefs when determining management responses.
(3) Monitor the health and resilience of corals and associated biota and modify and/or implement management measures as required.
(4) Cease the activity of reef walking as part of a permitted activity.
(5) Continue to establish no‑anchoring areas at sites susceptible to anchor damage and where possible delineate the boundaries of these areas with reef protection markers (see subclause 2.12(3)).
Note: No‑anchoring area locations are detailed in the Regulations.
(6) Continue to provide public moorings where appropriate.
Note: Locations of public moorings are available at www.gbrmpa.gov.au.
(7) Anchor with due care to avoid damaging coral and to use moorings when and where they are available.
Note 1: Private moorings can be used with prior agreement of the owner. Location and permittee details of private moorings are available at www.gbrmpa.gov.au.
Note 2: Information about responsible reef practices for anchoring and mooring is available at www.gbrmpa.gov.au.
(8) Prohibit a person from damaging coral in the Planning Area (see clause 2.12).
(9) Restrict large vessels and large ships to specific anchorage areas (see clause 2.4).
(10) Cap the number of relevant permissions for tourism operations that can anchor daily in the Planning Area.
(11) Manage and limit areas for high‑speed vessels and motorised water sport to minimise potential impacts with coral reef (see subclauses 2.8(1) to (4)).
(12) Discourage drifting of vessels to avoid potential impacts with coral reefs.
(13) Continue to have harvest fisheries and aquaculture operations occur outside the Planning Area.
(14) Encourage tourism operations to apply for permissions to assist with controlling outbreaks of predatory marine species such as the crown‑of‑thorns starfish and Drupella marine snails.
(15) Provide guidance about dredging coral reef habitat to persons who are operating a facility or carrying out works for the development of marine infrastructure.
Note: The policy Dredging coral reef habitat ‑ operating a facility or carrying out works for the development of marine infrastructure is available at www.gbrmpa.gov.au.
(16) Require a relevant permission for the taking of coral under the Zoning Plan.
Note: Taking coral (including damaging or collecting coral) requires a relevant permission under the Zoning Plan. See the definition of taking in the Zoning Plan available at www.gbrmpa.gov.au.
Subdivision 4—Seagrass meadows, dugong and marine turtles
1.9A Values
(1) The Authority has identified the following values in relation to seagrass meadows, dugong and marine turtles in the Planning Area.
(2) Dugong, marine turtles, their habitats and lifecycles are of significant cultural, spiritual and social importance, especially to Traditional Owners.
(3) The Planning Area includes seagrass meadows at Repulse Bay, bays surrounding Whitsunday Island such as Tongue Bay, and mainland coastal bays such as Shoal Bay. Seagrass meadows are important habitats for dugong and green turtles as they provide a critical food source and important nursery habitat for a variety of marine life.
(4) Several threatened species of marine turtles inhabit the Planning Area.
1.9B Issues
(1) The Authority has identified the following issues relating to seagrass meadows, dugong and marine turtles in the Planning Area.
(2) Seagrass meadows throughout the Marine Park are facing increased pressure from poor water quality, and habitat loss and modification, resulting from increased land‑based run‑off, coastal development, marine traffic, intensity of extreme weather events, sea surface temperature and sea level rise.
(3) Dugong and marine turtles are adversely impacted (injury and death) by underwater noise, vessel strike, incidental capture or ingestion of marine debris.
(4) Marine turtle nesting sites adjacent to the Planning Area are vulnerable to human interference and hatchlings can be impacted by artificial light sources both on land and in the water when trying to access the ocean and navigate away from the beach.
1.9C Strategies
(1) Work in partnership with Traditional Owner groups whose sea country includes the Planning Area to formalise their aspirations for sea country relating to seagrass meadows, dugong and marine turtles.
(2) Enforce the Zoning Plan requirements for taking of protected species.
Note: Section 5.3 of the Zoning Plan refers to the entry to zones for the purpose of taking protected species. See the definition of taking in the Zoning Plan available at www.gbrmpa.gov.au.
(3) Enforce the limits in the Zoning Plan and Regulations on netting and bait netting activities by commercial fishers particularly within the Species Conservation (Dugong Protection) Special Management Areas (Repulse Bay and Edgecumbe Bay).
(4) Encourage the use of responsible reef practices around dugong and marine turtles.
Note: Information about responsible reef practices around turtles is available at www.gbrmpa.gov.au.
(5) Ensure the conditions of a permission for any new private mooring require the mooring to be designed, placed and installed in a way that assists the surrounding habitat and its ecological process to be maintained (see subclause 1.27(6)).
(6) Continue to provide public moorings where appropriate.
Note: Locations of public moorings are available at www.gbrmpa.gov.au.
(7) Encourage the community to minimise the source and occurrence of marine debris in the Great Barrier Reef through education, clean‑up activities and the development of source reduction plans.
(8) Manage and limit areas for high‑speed vessels and motorised water sport to minimise potential impacts with dugong and marine turtles (see subclauses 2.8(1) to (4)).
Subdivision 5—Whales and dolphins
1.10A Values
(1) The Authority has identified the following values relating to whales and dolphins in the Planning Area.
(2) Whales and dolphins, and their habits and life cycles, are of significant cultural, spiritual and social importance, especially to Traditional Owners.
(3) The Planning Area is an important calving ground for humpback whales which migrate north from the Southern Ocean during winter.
(4) Several species of dolphins inhabit the area, including the protected Australian snubfin dolphin and the Australian humpback dolphin.
1.10B Issues
(1) The Authority has identified the following issues relating to whales and dolphins in the Planning Area.
(2) Whales and dolphins may be disturbed by vessels and aircraft at close range.
(3) Whales and dolphins are occasionally injured by vessels.
(4) Ingestion of marine debris and entanglement in fishing nets are threats to whales and dolphins.
1.10C Strategies
(1) Work in partnership with Traditional Owner groups whose sea country includes the Planning Area to formalise their aspirations for sea country relating to whales and dolphins.
(2) Encourage the use of responsible reef practices around whales and dolphins.
Note: Information about responsible reef practices around whales and dolphins is available at www.gbrmpa.gov.au.
(3) Protect whales from approaching vessels and aircraft by enforcing the restrictions under the Regulations on the operation of vessels and aircraft near whales, including the restrictions that apply in the Whitsunday Whale Protection Area (which includes most of the Planning Area).
(4) Manage and limit areas for high‑speed vessels and motorised water sport to minimise potential impacts with whales and dolphins (see subclauses 2.8(1) to (4)).
(5) Encourage the community to minimise the source and occurrence of marine debris in the Great Barrier Reef through education, clean‑up activities and the development of source reduction plans.
(6) Apply the Authority’s operational policy to address the interaction of vessels, aircraft and people, with whales and dolphins.
Note: The Authority’s Operational Policy on Whale and Dolphin Conservation in the Great Barrier Reef Marine Park is available at www.gbrmpa.gov.au.
Subdivision 6—Birds
1.11A Values
(1) The Authority has identified the following values relating to birds nesting, feeding or roosting in the Planning Area.
(2) Birds and their nesting, feeding and roosting areas are of significant cultural, spiritual and social importance, especially to Traditional Owners.
(3) Many migratory seabirds and shorebirds that visit the Planning Area and adjacent islands are recognised internationally under the Japan‑Australia Migratory Bird Agreement (the JAMBA), the China‑Australia Migratory Bird Agreement (the CAMBA) and the Republic of Korea—Australia Migratory Bird Agreement (the ROKAMBA).
(4) The following species are particularly important:
(a) beach stone‑curlew (Esacus magnirostris);
(b) eastern curlew (Numenius madagascariensis);
(c) black‑naped tern (Sterna sumatrana);
(d) bridled tern (Onychoprion anaethetus);
(e) crested tern (Thalasseus bergii);
(f) lesser crested tern (Thalasseus bengalensis);
(g) eastern reef egret (Egretta sacra);
(h) pied cormorant (Phalacrocorax varius);
(i) pied imperial pigeon (Ducula bicolor);
(j) osprey (Pandion haliaetus);
(k) white‑bellied sea eagle (Haliaeetus leucogaster).
(5) Birds are particularly plentiful from October to March, when thousands of waders and seabirds migrate to the Planning Area to nest.
(6) There are a number of significant bird sites in the area (see Schedule 6).
1.11B Issues
(1) The Authority has identified the following issues relating to birds nesting, roosting, or feeding in the Planning Area.
(2) Seabirds nesting in colonies and roosting on sand spits, and shorebirds feeding at mudflats, are susceptible to disturbance from human activity.
(3) Ingestion of, and entanglement by, marine debris are threats to seabirds and shorebirds.
1.11C Strategies
(1) Work in partnership with Traditional Owner groups whose sea country includes the Planning Area to formalise their aspirations for sea country relating to birds and their nesting, roosting, and feeding areas in the Planning Area.
(2) Encourage use of responsible reef practices when visiting islands and observing seabirds.
Note 1: Significant bird sites are identified in Schedule 6 and restrictions on activities at these sites are set out in clause 2.11. These restrictions are consistent with the Guidelines for Managing Visitation to Seabird Breeding Islands available at www.gbrmpa.gov.au.
Note 2: Details of responsible reef practices around bird watching are available at www.gbrmpa.gov.au.
(3) Continue to monitor and develop bird conservation measures within the Planning Area.
(4) Protect shorebirds and migratory birds within significant bird sites from approaching vessels and aircraft, particularly during vulnerable periods (see clause 2.11 and Schedule 6).
Note: The strategies developed in this Plan support the Wildlife Conservation Plan for Migratory Shorebirds, the Environment Protection and Biodiversity Conservation Act 1999, the JAMBA, the CAMBA and the ROKAMBA. These can be found at www.environment.gov.au.
(5) Encourage the community to minimise the source and occurrence of marine debris in the Great Barrier Reef through education, clean‑up activities and the development of source reduction plans.
Division 2B—Cultural and heritage values
Subdivision 1—Overview of cultural and heritage values
1.12 Overview
(1) Heritage values in the Planning Area are the following:
(a) Traditional Owner cultural heritage;
(b) historic heritage;
(c) World Heritage and National Heritage;
(d) scenic amenity including aesthetics.
(2) These values may be at risk from activities within and adjacent to the Planning Area. The Authority has prepared a heritage strategy, developed in accordance with the requirements of the Environment Protection and Biodiversity Conservation Regulations 2000.
Note: The document published by the Authority and entitled Great Barrier Reef Marine Park Heritage Strategy 2005 is available at www.gbrmpa.gov.au.
Subdivision 2—Traditional Owner cultural heritage
1.13A Values
(1) The Authority has identified the following values relating to Traditional Owner Cultural Heritage in the Planning Area.
(2) Across the Planning Area cultural heritage values are unique, dynamic, diverse and living as they are valued by Aboriginal and Torres Strait Islander Traditional Owners. The values are inherited from past generations and by maintaining those cultural heritage values today, the ancient responsibility to manage land and sea areas for future generations continues. Cultural heritage is broad and is expressed through spiritual and cultural affiliations with a site or area and through activities undertaken in accordance with customs and traditions.
(3) Values include the traditional land and sea country areas, significant places, sacred sites and the resources that Traditional Owners use, value or connect with. This can also include culturally important symbols or objects.
(4) Areas adjacent to the Planning Area include evidence of the history of Traditional Owner occupation and use of the islands and surrounding waters including a quarry of international significance on South Molle Island, a nationally significant rock art site at Nara Inlet on Hook Island, other rock art sites, middens and stone fish traps.
(5) The relationship of the Traditional Owners with the marine and natural environment is demonstrated by the continuing practice of customs and traditions across sites or areas significant to them.
(6) Traditional knowledge is safeguarded by Traditional Owners and transferred and communicated across generations. This includes oral traditions, dreaming stories, spirituality, observations, cultural lore and histories about people and place that continue a way of living or explain the natural world. Language, songlines, stories, music, art, dance and ceremony continue to give value to everyday life. These aspects connect people to a place or time and provide learning and perspective.
(7) Aboriginal and Torres Strait Islander structures, technology, tools and archaeology are familiar features of Traditional Owner cultural heritage.
(8) Evidence of Traditional Owner occupation, predating the last sea level rise, may be contained in submerged marine sites within the Planning Area.
1.13B Issues
(1) The Authority has identified the following issues relating to Traditional Owner cultural heritage values in the Planning Area.
(2) Adverse effects on sites or areas of high cultural heritage value for Traditional Owners may result from inappropriate use of the Planning Area.
(3) There is limited understanding from a management perspective of identification of sites with specific cultural heritage significance.
(4) There is limited implementation of protective measures to prevent degradation at cultural heritage sites.
1.13C Strategies
(1) Work in partnership with Traditional Owners to formalise their aspirations for sea country, and ensure that cultural heritage values are identified, respected and appropriately managed.
(2) Work in partnership with the Queensland Government and assign a high level of protection to areas of significant cultural heritage value and, in some cases, limit access to such sites to ensure they are protected for future generations.
Subdivision 3—Historic heritage
1.14A Values
(1) The Authority has identified the following values relating to historic heritage values in the Planning Area.
(2) Historic heritage values relate to the occupation and use of an area since the arrival of European and other migrants. Values include historic shipwrecks, historic voyages, World War II features, structures and other historical sites.
(3) Varying cultural, social and individual meanings for historic heritage exist. For example, for some users of the Planning Area shipwrecks and light stations generate aesthetic appeal and provide focal points for science, archaeology and recreation; while other users appreciate the ecology, use and knowledge of the area in its natural state.
(4) Historic shipwrecks in the Planning Area are considered to be of archaeological and scientific significance and are important sites for recreational use.
(5) At least 20 shipwrecks believed to be within the area are over 75 years old and are protected by the Historic Shipwrecks Act 1976.
(6) The Valetta is the only historic shipwreck that has a known location within close proximity to the Planning Area, located in the intertidal area at Happy Bay, Long Island.
(7) Dent Island Lightstation is a part of the Planning Area’s scenic appeal and recognised on the Commonwealth Heritage List, providing evidence of the historical development of maritime navigation aids in Australia.
(8) World War II plane wrecks in the area are likely to retain significant archaeological information about wartime activities (and may include human remains) and can in some circumstances be important sites for recreational use as part of the Planning Area’s aesthetic values.
1.14B Issues
(1) The Authority has identified the following issues relating to historic heritage in the Planning Area.
(2) Places of historic significance in the Planning Area are fragile and irreplaceable.
(3) There is a lack of knowledge about the location of heritage sites.
(4) The condition of known historic shipwrecks is poorly understood.
(5) Historic shipwrecks and World War II sites in the Planning Area are vulnerable to activities in or around the sites such as dredging, pipe and cable laying and marina development.
(6) Historic sites are under pressure from natural threats (such as cyclones and sediment erosion), vessel anchoring, and pilfering of artefacts.
(7) Dent Island Lightstation requires ongoing maintenance in order to maintain its historic heritage value.
1.14C Strategies
(1) Identify, manage, protect, conserve and communicate to all generations Commonwealth Heritage places and their values.
(2) Survey proposed development areas to identify heritage sites prior to disturbance.
(3) Encourage users of the Planning Area to abide by the Historic Shipwrecks Act 1976 when approaching shipwrecks.
(4) Ensure best practice heritage management of the Dent Island Lightstation through cooperative partnership between the Authority and the Australian Maritime Safety Authority, and in accordance with the Dent Island Lightstation Heritage Management Plan.
Note: The Dent Island Lightstation Heritage Management Plan is available at www.gbrmpa.gov.au.
(5) Locate and survey places likely to be of historic significance, including through cooperative partnerships with Traditional Owners, relevant agencies, and other interested bodies.
Note: The document published by the Authority and entitled Great Barrier Reef Marine Park Heritage Strategy 2005 is available at www.gbrmpa.gov.au.
Subdivision 4—World Heritage and National Heritage
1.15A Values
(1) The Authority has identified the following values relating to World and National Heritage in the Planning Area.
(2) The Great Barrier Reef, including the Planning Area, is a World Heritage Area under the World Heritage Convention and was inscribed in 1981 for its outstanding universal value. Outstanding universal value is defined by the United Nations Educational, Scientific and Cultural Organisation as “the cultural and/or natural significance which is so exceptional as to transcend national boundaries and are to be of common importance for present and future generations of all humanity”. The Great Barrier Reef World Heritage Area is recognised for its natural beauty and natural phenomena; its representation of major stages in the Earth’s evolutionary history, including man’s interaction with the environment; its ecological and biological processes; and its habitats for the conservation of biodiversity.
(3) The Great Barrier Reef, including the Planning Area, is also a National Heritage place under the Environment Protection and Biodiversity Conservation Act 1999.
1.15B Issues
(1) The Authority has identified the following issue relating to World and National Heritage in the Planning Area.
(2) Influences both within and external to the Planning Area and Great Barrier Reef may adversely impact on the World and National Heritage values.
Note: Risks and threats to the World Heritage Area have been more explicitly addressed in periodic reporting processes for world heritage sites to which the Authority contributes.
1.15C Strategies
(1) Protect and present the world heritage values of the Great Barrier Reef World Heritage Area through the Joint Field Management Program under the Great Barrier Reef Intergovernmental Agreement, and in accordance with the Authority’s statutory responsibilities and Australia’s international obligations.
(2) Manage the Planning Area to contribute to the protection and management of the National and World Heritage by conserving areas of high value and/or good condition and improving degraded areas of high value by limiting use.
(3) Manage the Planning Area to maintain a range of tourism and recreation experiences, including presentation of the World Heritage Area.
Subdivision 5—Scenic amenity including aesthetics
1.16A Values
(1) The Authority has identified the following values relating to scenic amenity in the Planning Area.
(2) Scenic amenity values include visual elements such as coral reefs, continental islands and water clarity. There is an abundance and diversity of shapes, sizes and colours, spectacular species of reef fish and coral assemblages of hard and soft corals. The islands and inlets showcase white sandy beaches, varied geology, and diverse vegetation and wildlife.
(3) The aesthetic values of the Great Barrier Reef World Heritage Area contribute to its outstanding universal value and listing as a World Heritage Site under criterion (vii) “contain superlative natural phenomena or areas of exceptional natural beauty and aesthetic importance”. Specifically the World Heritage listing states that “The Whitsunday Islands provide a magnificent vista of green vegetated islands and white sandy beaches spread over azure waters”.
(4) Traditional Owners have recognised the outstanding value of the Great Barrier Reef since it formed 8,000 to 12,000 years ago. Their place attachment includes natural, cultural and spiritual values for land and sea country that are beneath, in and above the sea. Traditional Owners and their traditional estates are inseparable. Aesthetic practices preserve the traditional ways of seeing and being.
1.16B Issues
(1) The Authority has identified the following issues relating to scenic amenity in the Planning Area.
(2) The combined effects from cyclones, declining water quality, marine debris and increasing sea temperature are impacting on the natural beauty and phenomena of the Great Barrier Reef ecosystem.
(3) There are over 50 known hot spots for marine debris in the Planning Area.
(4) The visual and noise impacts from activities such as coastal development, transient shipping, aircraft and large numbers of tourists, all diminish natural scenic values both visually and audibly. Increasing these uses will lead to cumulative adverse impacts on the scenic amenity in the Planning Area.
1.16C Strategies
(1) Balance increasing levels of visitation, a range of experiences (from remote to high use), and conflicting use, with impacts to aesthetic values and damage to the environment.
(2) Provide a range of setting areas ranging from setting 1 (intensive use) to setting 5 (protected). Place limits on vessel length, group sizes, operation of vessels and aircraft, facilities and certain activities which can be undertaken in the Planning Area (see clause 1.23).
(3) Align and manage interfaces between marine and land uses including their activities, group sizes and facilities.
Note: For example, island‑based campgrounds correspond with a complementary marine setting.
(4) Manage and limit areas for high‑speed vessels and motorised water sport to minimise potential visual and noise impacts (see subclauses 2.8(1) to (4)).
(5) Maintain minimum flight heights for aircraft and provide areas for daily aircraft landings (see clause 2.7).
(6) Encourage and undertake the removal of marine debris.
(1) For Traditional Owners, the Planning Area is a place of social commune and economic significance. This includes social enjoyment, social gatherings and community ceremonies during times of mourning. Their protocols for customary practices can include:
(a) greeting people, which is commonly known as a Traditional Owner welcome to country, or seeking permission to undertake activities; and
(b) respect for land and sea country, community and elders; and
(c) gender‑specific men’s and women’s business, knowledge and places; and
(d) historical trade with neighbouring and far‑away communities and with Europeans during the early days of contact in Australia.
(2) The health of the Great Barrier Reef has significant influence on the wellbeing and benefits to individuals, families, businesses and communities within and adjacent to the Planning Area. These include:
(a) employment and income for Reef‑dependent industries and communities; and
(b) scientific research; and
(c) understanding, appreciation and enjoyment of, personal connection with, health benefits from, access to and traditional use of the Great Barrier Reef.
(3) Scientific research has made a substantial contribution to the way the Great Barrier Reef is understood, managed and used. Monitoring also plays a key role in tracking trends and effects on values.
(4) There is continued global interest in protection of the Great Barrier Reef.
(5) The Whitsunday region contributed to shaping Queensland society through:
(a) early interactions between Traditional Owners and explorers; and
(b) journeys of early explorers; and
(c) the experiences of hardship and survival, such as those of shipwreck survivors; and
(d) the innovations and enterprise of early tourism operators.
(6) The Planning Area receives the most concentrated level of tourism across the Great Barrier Reef and is a significant contributor to the Australian economy. The Whitsunday tourism industry presents the World Heritage Area to these visitors.
1.17B Issues
(1) The Authority has identified the following issues relating to scientific, social and economic values in the Planning Area.
(2) Community benefits can be difficult to balance and allocate as they are often unique to an individual’s experience and background.
(3) Further quantification of the broader and ongoing community benefits is required.
(4) Drivers such as economic growth, population growth and new technologies may influence the use of the Planning Area and adjacent land, potentially restricting patterns of use, access and enjoyment of the area.
(5) Congestion of tourism activities through the activation of latent permits during peak periods and non‑compliance with legislation can contribute to impacts on scenic amenity and overall environmental values.
(6) Further understanding and assessment are required of the consequential and cumulative impacts on community benefits as a result of activities within and adjacent to the Great Barrier Reef.
(7) Noise and light pollution from sources on land and in the water can impact on community benefit values.
1.17C Strategies
(1) Manage the Planning Area as a multiple‑use marine protected area, providing for protection, allowing for ecologically sustainable use, promoting understanding and enjoyment, and encouraging engagement.
(2) Balance increasing levels of visitation, a range of experiences (from remote to high use), and conflicting use, with impacts to aesthetic values and damage to the environment.
(3) Provide a range of setting areas ranging from setting 1 (intensive use) to setting 5 (protected). Place limits on vessel length, group sizes, operation of vessels and aircraft, facilities and certain activities which can be undertaken in the Planning Area (see clause 1.23).
Note: Settings in the Planning Area extend generally 1,500 metres from the reef edge.
(4) Align and manage interfaces between marine and land uses including their activities, group sizes and facilities.
Note: For example, island‑based campgrounds correspond with a complementary marine setting.
(5) Manage the number and type of tourist programs accessing the Planning Area on a daily and non‑daily basis (see clause 1.32).
(6) Encourage high‑standard tourism operations in the Planning Area.
(7) Provide for the continued recreational use of the Planning Area.
Note: The Authority’s policy on Recreation Management Strategy for the Great Barrier Reef Marine Park is available at www.gbrmpa.gov.au.
(8) Manage and limit areas for high‑speed vessels and motorised water sport to minimise conflict with other users in the Planning Area (see subclauses 2.8(1) to (4)).
(9) Work in partnership with Traditional Owner groups, tourism operators, industry groups, researchers, conservation groups and recreational users, as well as Commonwealth, Queensland and local governments, to collaboratively manage the Planning Area.
(10) Provide for continued scientific research and monitoring in the Planning Area.
Note: The Authority’s Policy on Managing Scientific Research in the Great Barrier Marine Park and Environmental Impact Management Policy are available at www.gbrmpa.gov.au.
(11) Engage stakeholders through the Authority’s Reef Advisory Committees and Local Marine Advisory Committees as well as the wider public to enable managers to gain a better understanding of community values and issues of concern.
(12) Encourage volunteer programs, such as components of the marine monitoring program and avenues for community involvement such as the Authority’s Eye on the Reef and Reef Guardian programs.
Note: Further information on the Authority’s Eye on the Reef and Reef Guardian programs is available at www.gbrmpa.gov.au.
(13) Encourage the development and implementation of a framework, including guidelines and benchmarks, for social and economic impact assessments for the Planning Area.
Division 3—Monitoring the effectiveness of management
1.18 Reef 2050 Integrated Monitoring and Reporting Program Strategy
(1) The Reef 2050 Integrated Monitoring and Reporting Program Strategy (the Program) is being implemented to monitor the success of the Reef 2050 Plan which will guide long‑term protection and management of the Great Barrier Reef.
(2) Development of the Program will include an analysis of existing monitoring against Reef 2050 Plan deliverables. The Program will drive the integration of existing monitoring, modelling and reporting programs to capitalise on current program investments and avoid duplication of effort. This will inform improvements and efficiencies where there may be gaps in monitoring, data management, analysis, reporting and the effectiveness of management tools.
(3) It is intended that effectiveness of this Plan, in accordance with the objectives of the Act, will also be captured in this Program.
Division 4—Use of the Planning Area
Subdivision 1—Overview
1.21 Values
The Planning Area is one of the most important tourism areas on the Queensland coast and receives more than a third of all visitors to the Great Barrier Reef. While tourism activity is the predominant use of the Planning Area, the Authority has identified a broad range of existing uses in the Planning Area including recreation; education; marine facilities; commercial fishing; traditional fishing, hunting and gathering; shipping and port activities; and research.
1.22 Issues
The Authority considers the following matters to be important in the way in which it manages use of the Planning Area:
(a) ensuring that all activities in the Planning Area are ecologically sustainable and undertaken in accordance with best environmental practices;
(b) ensuring that cultural and recreational use of the Planning Area is not inappropriately displaced by growth in commercial use of the Planning Area;
(c) minimising disturbance to users caused by noisy and intrusive activities in the Planning Area;
(d) ensuring that the remote qualities of some sites are not inadvertently lost through unplanned increases in use;
(e) maintaining the range of opportunities for both frequent and infrequent users of the Planning Area;
(f) ensuring that public access and the operation of vessels at popular anchorages is not constrained by the installation of privately owned facilities;
(g) managing intensive use to ensure it does not devalue visitor experience at popular destinations;
(h) managing the spatial distribution of tourist programs throughout the Planning Area;
(i) preventing the scenic integrity of the Planning Area from being compromised by coastal development and the inappropriate installation of facilities in the Planning Area;
(j) managing the effect of harvest fishing and aquaculture operations on other users of the Planning Area for the following reasons:
(i) aquaculture operations may require exclusive use of large areas and may displace other users of the Planning Area;
(ii) commercial collecting is perceived by many users of the Planning Area as incompatible with tourism and recreational use;
(iii) the relatively limited extent of natural reef development (made up of mostly fringing reefs) in the Planning Area and the high levels of longstanding tourism and recreational use accentuates the effects of the activities mentioned in subparagraphs (i) and (ii);
(k) managing the impact of tourism on other users of the Planning Area for the following reasons:
(i) actual tourism use of the Planning Area is less than the potential level of use that is already permitted under current relevant permissions for tourist programs;
(ii) tourism use in the Planning Area is growing and reports are being received by the Authority and the Queensland Government about congestion at certain sites which may be impacting on the values of the Planning Area or parts of the Planning Area.
1.23 Strategies
(1) The Authority utilises the following strategies for managing Planning Area use:
(a) generally focussing highest levels of use on the Hardy, Molle and Inner Whitsunday units referred to in the map in Part 2 of Schedule 1 to ensure that the limited resources being managed are used most effectively;
(b) restricting the operation of vessels and aircraft in setting areas described in Table 1 (see clause 2.4);
(c) restricting the operation of certain activities in setting areas to limit the potential for conflict at remote or low use sites (see clause 2.14);
(d) developing site plans for sensitive or heavily used sites (see clause 1.25);
(e) applying the policy Managing Tourism Permissions to Operate in the Great Barrier Reef Marine Park (including Allocation, Latency and Tenure) to guide the management of tourism permissions.
Note: The Authority’s policy Managing Tourism Permissions to Operate in the Great Barrier Reef Marine Park (including Allocation, Latency and Tenure) is available at www.gbrmpa.gov.au.
(2) With increasing levels of visitation to the Planning Area there is an increased risk of environmental damage and potential for an increase in competing activities. To manage the impact on the Area, and to continue to provide a range of recreation opportunities, the Authority has set limits on vessel length, group size, types of craft, facilities and certain activities in reefal and coastal waters of the Planning Area. These waters have been assigned ‘settings’, referred to in column 2 of Table 1, based on their values, existing use and management requirements. Column 3 of the table sets out a description of the setting. Column 4 of the table specifies the maximum group size for a setting and column 5 specifies the overall length of vessels visiting the setting area.
Table 1 Setting descriptions
Item
Setting
Description
Maximum group size (including crew)
Overall length of vessel (metres)
1
Setting 1(Intensive)
Areas in this setting are immediately adjacent to urban areas and resorts. They are the access points to the Planning Area and a focus for intensive tourism and recreation. The areas are heavily used by a wide range of craft, and contain permanent facilities (for example, marinas, jetties and boat ramps).
No limit
Less than 70
2
Setting 2(High use)
This is a natural setting that may have high levels of visitation. The areas in this setting are easily accessed, and appropriate facilities (for example, pontoons, moorings, markers) may be required to manage impacts and assist in visitor appreciation of the area. The areas are regularly visited by larger vessels and aircraft.
No limit
35 or less
3
Setting 3(Moderate use)
This is a natural setting that may have moderate levels of visitation, with appropriate moorings and management facilities to manage impacts. The areas in this setting are occasionally visited by larger vessels and aircraft.
40 people
35 or less
4
Setting 4(Low use)
This is a natural setting that has low levels of visitation. The areas in this setting are generally free from facilities, larger vessels and aircraft.
15 people
35 or less
5
Setting 5(Protected)
This is a protected natural setting that has areas of outstanding or unique conservation value and areas of special management concern. Operations conducted in these areas are limited and managed according to individual site plans.
(1) The following table sets out the sites in the Planning Area that have been designated (by Part 5 of Schedule 2) as setting 5 (protected) areas to protect their unique or outstanding nature conservation values, cultural and heritage values or scientific values.
Note: The values listed in the table are not exhaustive. They indicate the significance of each setting 5 (protected) area.
Capping of permissions
(2) The Authority will not grant any new permissions for tourism operations to access a setting 5 (protected) area except under subclause (3).
(3) The Authority may grant, to an operator conducting a cultural tour as part of a tourism operation under a relevant permission in the Planning Area, permission to access a setting 5 (protected) area for the purposes of the cultural tour, if:
(a) the operator is a Traditional Owner or a Traditional Owner group; or
(b) the operator is conducting the tour in collaboration with a Traditional Owner or a Traditional Owner group.
(4) To avoid doubt, a relevant permission mentioned in subclause (3) includes a permission that is granted under subclause 1.36 (1).
(5) For subclause (3):
cultural tour means:
(a) a visit to a site or an area of cultural or heritage significance to Traditional Owners; and
(b) includes the presentation to visitors of educational material about the cultural practices or beliefs of Traditional Owners in relation to the site or area.
1.24A Significant bird sites
The following table summarises for each significant bird site the limits on use of vessels and aircraft in and around the site that apply for particular periods under clause 2.11 and the Zoning Plan.
Note 1: As there is no access to East Rock and Edwin Rock from 1 October to 31 March, the speed limit of 6 knots effectively applies from 1 April to 30 September.
Note 2: Eshelby Islands are located with a Preservation (pink) Zone under the Zoning Plan. Access to these islands is limited and only in accordance with the Zoning Plan.
Note 3: Significant bird site boundaries are set out in Schedule 6.
1.25 Site plans
(1) Other sensitive sites in the Planning Area may be identified and the need for site plans for sensitive or heavily used sites in the Planning Area may arise from time to time. These will be developed through detailed site planning, with input from key stakeholders.
Note: Some examples of sensitive sites that may be identified are as follows:
(a) Blue Pearl Bay, Hayman Island;
(b) Hardy Reef;
(c) Langford Island;
(d) Lindeman and Seaforth Islands;
(e) Luncheon Bay, Hook Island;
(f) Mackerel Bay, Hook Island;
(g) Manta Ray Bay, Hook Island;
(h) Tongue Bay, Whitsunday Island;
(i) Whitehaven Beach, Whitsunday Island.
(2) If the Authority develops a site plan for a sensitive site in the Planning Area that requires amendment of this Plan, the Authority will seek public comment on the proposed amendment in accordance with statutory requirements.
(3) In preparing site plans, the Authority may consider the appropriateness of one or more of the following:
(a) imposing additional requirements for bookings;
(b) limiting the number of bookings that can be made for a day;
(c) limiting or prohibiting multiple visits on a day;
(d) allowing use of moorings, but not anchors, within a bay.
This does not limit what the Authority may consider in preparing site plans.
Subdivision 3—Moorings and tourist facilities
1.26 Policy overview—moorings and tourist facilities
(1) Many moorings and tourist facilities exist in the Planning Area, particularly in setting 1 (intensive) areas, but also at Hardy Reef and several other popular destinations in the Planning Area. A number of public moorings and reef protection markers have also been installed in the Planning Area to protect the fragile reefs while providing continued access to popular destinations.
(2) Public moorings are not limited by this Plan.
(3) The installation of moorings and tourist facilities at popular destinations may result in the exclusion and displacement of other users.
Note: The Regulations contain provisions about applying for, and deciding whether to grant or refuse, permissions to install a mooring, pontoon or tourist facility or to operate a tourist program. Those provisions affect the installation of any mooring, pontoon or tourist facility.
(4) The Authority recognises that it may be appropriate to provide some level of access to operators who wish to access public moorings on a regular basis. The Authority will only agree to grant such access after the requirements of broader community access have been considered.
Marine tourism contingency
(6) If a permitted tourist program or facility is located in a place in the Planning Area and the place is severely damaged by a severe environmental incident, the Authority may permit the program or the facility to be temporarily relocated.
Note: The document published by the Authority and entitled Marine Tourism Contingency Plan for the Great Barrier Reef Marine Park, and the Marine Tourism Contingency Plan Application Form, can be found on the Authority’s website at http://www.gbrmpa.gov.au.
(7) However, the Authority will not grant, or modify the conditions of, a relevant permission so as to allow temporary relocation under subclause (6) of a tourist program or facility into a setting 5 (protected) area in which the program or facility was not located before the damage by a severe environmental incident occurred. This has effect despite clause 1.43.
1.27 New permissions for private moorings
(1) The Authority will not grant a new permission for a private mooring to be installed in the Planning Area except as described in subclauses (2), (3), (4) and (5).
(2) The Authority may grant a new permission for a private mooring to be installed:
(a) in a setting 1 (intensive) area; or
(b) in the Hardy Reef Location; or
(c) as part of the temporary relocation of a tourist facility permitted under subclause 1.26(6).
(3) The Authority may grant new permissions for a total of not more than 3 private moorings to be installed in the Woodwark Bay South Location if the Authority has prepared a site plan for each site where one of those moorings is to be installed.
(4) The Authority may grant new permissions for a total of not more than 20 private moorings to be installed in the Planning Area, otherwise than as described in subclauses (2) and (3), in one or more parts of the Planning Area for each of which the Authority has prepared a site plan. The Authority may grant:
(a) the permissions for up to 5 of the moorings to persons who are Traditional Owners of any site or area located in the Planning Area; and
(b) the permissions for up to 15 of the moorings to other persons.
Note: Under the Regulations, a process of inviting expressions of interest for the grant of a new permission under subclause (3) or (4) for a private mooring applies.
(5) The Authority may grant a new permission for a private mooring to be installed in the Planning Area if such a new permission becomes available because of the expiry, revocation or surrender of an earlier new permission of that kind (whether the earlier new permission was granted under subclause (3) or (4) or otherwise).
(6) The conditions of a new permission for a private mooring to be installed in the Planning Area will require the mooring to be designed, placed and installed in a way that helps maintain the surrounding habitat and its ecological processes, if the new permission is granted:
(a) under subclause (3) or (4); or
(b) under subclause (5) in connection with an earlier new permission granted under subclause (3) or (4).
Note: The Authority’s Policy—Moorings in the Great Barrier Reef is available at www.gbrmpa.gov.au.
(7) When considering a site for private moorings, it is the Authority’s preference to avoid installing these in heavily used areas as this can provide priority access to a small number of users. Public moorings are the preferred approach in heavily used areas.
1.28 Limit on tourist facilities (other than moorings)
(1) The Authority will not grant a new permission for a tourist facility to be installed in the Planning Area, except:
(a) in a setting 1 (intensive) area; or
(b) in the Hardy Reef Location; or
(c) for installation, in the Woodwark Bay South Location, of a tourist facility in relation to which both the following requirements are met:
(i) the facility is unlikely to have any noticeable or lasting adverse impact on the values of the Marine Park or the public’s enjoyment of the Marine Park;
(ii) the application for the permission for the facility is not required to be advertised under the Regulations; or
(d) as part of the temporary relocation of a tourist facility permitted under subclause 1.26(6).
(2) Subclause (1) does not apply to a new permission for a tourist facility that is a private mooring.
Note: Clause 1.27 deals with new permissions for installation of private moorings.
Subdivision 4—Limits on activities
1.29 Aerobatics, motorised water sports and high‑speed vessels
(1) There are limits in setting areas on aerobatics, motorised water sport and use of high‑speed vessels (see clauses 2.7 and 2.8).
(2) The Authority will monitor the operation of vessels used for motorised water sport or at high speed to ensure that the vessels are being used legitimately, and that the vessels do not adversely affect other users of the Planning Area or the values of the Area.
1.30 No permissions for reef walking
The Authority will not grant a permission for reef walking in the Planning Area.
Subdivision 5—Management of tourist programs
1.31 General
(1) In order to protect the nature conservation, cultural and heritage values of the Planning Area it has been necessary to manage the number of tourist programs accessing the Planning Area.
(2) A large number of different types of tourism operations are permitted to operate in the Planning Area. The Plan lists the types of tourism operations for which relevant permissions are granted. This approach requires clear definition of particular types of tourism operations (see clause 1.32), and has been adopted because tourism operations are more numerous, and cumulative in effect, than other uses in the Planning Area.
(3) Generally, tourism operations involving aircraft or vessels are either standard tour operations or regional tour operations, depending on the approved level of access to the Planning Area (see clause 1.32).
(4) Certain tourism operations have met specific criteria and are permitted to have access above the limits set out in Part 2. The level of access was determined by taking into account the levels of use of the Planning Area before the commencement of the Plan in 1998, and permission for the access was given on the basis of the specified criteria (which can be viewed in earlier versions of the Plan) being met.
Note: Earlier versions of this Plan can be found on the Federal Register of Legislation website at https://www.legislation.gov.au.
(5) The level of access provided by a relevant permission is subject to assessment and the decision of the Authority in accordance with the Regulations.
1.32 Types of tourism operations—access rights and operational requirements
Interpretation
(1) This clause is subject to a contrary intention in the Plan.
(2) The limits on the access rights for a person conducting a tourism operation are set out in Part 2. However, the person’s relevant permission may increase or decrease those limits (see, for example, subclauses 2.4 (8) and 2.14 (4)).
Categories of tourism operation
(3) The categories of tourism operation in the Planning Area are as follows:
(a) a bareboat operation;
(b) a Bowen operation;
(c) a craftless operation;
(d) a large ship operation;
(e) a hire operation;
(f) a long range roving operation;
(g) a non‑motorised operation;
(h) a passenger transport operation;
(i) a regional tour operation;
(j) a standard tour operation;
(k) a support service operation.
Note: The categories of tourism operation are defined in Schedule 9.
Bareboat operation—access right
(4) The access right of a bareboat operation is up to daily access to the Planning Area without a booking in accordance with the terms of a relevant permission, subject to provisions relating to bareboats in the Regulations.
Note: The number of permissions that allow bareboat operations access to the Planning Area has been capped: see clause 1.35.
Bowen operation—access rights and requirement
(5) The access rights and operational requirements of a Bowen operation are either:
(a) all of the following, in accordance with the terms of a relevant permission:
(i) that it operate from Bowen;
(ii) passengers who are part of the operation must embark or disembark at Bowen;
(iii) up to daily access to the Planning Area without a booking; or
(b) as otherwise provided for through an allocation process:
(i) that occurred before the commencement of this clause; and
(ii) that allocated the rights set out in the operator’s relevant permission.
Note: The number of permissions that allow Bowen operations access to the Planning Area has been capped: see clause 1.35.
Craftless operation—access right
(6) The access right of a craftless operation is up to daily access to the Planning Area without a booking in accordance with the terms of a relevant permission, subject to the same access and activity conditions as the permitted vessel or aircraft that is being used.
Hire operation—access rights and requirement
(7) The access rights and operational requirements of a hire operation are the following, in accordance with the terms of a relevant permission:
(a) up to daily access to the Planning Area without a booking;
(b) the operation is limited to operating in a setting 1 (intensive) area or the Woodwark Bay South Location (see subclauses 2.14(3) and (5)).
Note 1: See Schedule 9 for definitions of hire craft and hire equipment.
Note 2: Paragraph (7)(b) does not limit users of hire craft or hire equipment provided by a hire operation.
Large ship operation—access rights and requirements
(8) The access rights and operational requirements of a large ship operation are the following, in accordance with the terms of a relevant permission:
(a) up to 50 days access each year to the Planning Area (by the large ship being used in the operation and, if that large ship is a cruise ship, by any tenders and aircraft transiting as described in paragraph (e)) with a booking (see subclause 2.5(1));
(b) a booking required to anchor at a designated anchorage (see paragraph 2.4(7)(c));
(c) access to a designated anchorage, with access limited to one large ship at a time, except at each of the Turtle Bay designated anchorage and the Funnel Bay designated anchorage, where up to 2 large ships may anchor at a time (see subclause 2.4(9));
(d) a requirement not to access any parts of the Planning Area that are outside the General Use Zone and Shipping Area except when the large ship being used in the operation is transiting to or from a designated anchorage, or is anchored at such an anchorage (see subclause 2.8(5));
(e) for a large ship operation using a cruise ship, a requirement that tenders not be used in the Planning Area to conduct tourist program activities, except by transiting between the cruise ship and:
(i) a place outside the Planning Area; or
(ii) a tourist facility within, or partly within, the Planning Area;
(see subclause 2.8(6)).
Note: The Regulations list the designated anchorages.
Long range roving operation—access rights and requirements
(9) The access rights and operational requirements of a long range roving operation are the following, in accordance with the terms of a relevant permission:
(a) up to 100 days access each year to the Planning Area;
(b) access under paragraph (a) is limited to 2 visits per Location in any 7 consecutive days (with the visit or visits together being no longer than 48 hours in duration);
(c) it may exceed setting limits only if:
(i) the terms of a relevant permission allow it to exceed setting limits; and
(ii) the operation is not operating in accordance with paragraph (e);
(d) it must not carry more than 30 passengers in addition to crew unless operating in circumstances described in paragraph (e);
(e) it may carry more than 30 passengers up to 10 days each year if:
(i) the operation complies with group size setting limits; and
(ii) the operator has notified the Authority, in writing, about such an operation before conducting the operation.
Note: The number of permissions that allow long range roving operations access to the Planning Area has been capped: see clause 1.35.
Non‑motorised operation—access rights
(10) The access rights of a non‑motorised operation are up to daily access to the Planning Area without a booking, in accordance with the terms of a relevant permission.
Passenger transport operation—access rights
(11) The access rights of a passenger transport operation are the following, in accordance with the terms of a relevant permission;
(a) up to daily access to the Planning Area without a booking;
(b) the operation is limited to setting 1 (intensive) areas, except when transiting the Planning Area.
Regional tour operation (vessels)—access rights
(12) The access rights of a regional tour operation involving a vessel are either:
(a) both of the following, in accordance with the terms of a relevant permission;
(i) up to daily access without a booking to the Planning Area;
(ii) it may exceed setting limits if the terms of a relevant permission allow it to exceed setting limits (see subclause 2.4 (8)); or
(b) as otherwise provided for through an allocation process:
(i) that occurred before the commencement of this clause; and
(ii) that allocated the rights set out in the operator’s relevant permission.
Note: The number of permissions that allow regional tour operations access to the Planning Area has been capped: see clause 1.35.
Regional tour operation (aircraft)—access rights and requirements
(13) The access rights and operational requirements of a regional tour operation involving an aircraft are either:
(a) all of the following, in accordance with the terms of a relevant permission;
(i) up to daily access without a booking to the Planning Area;
(ii) access under subparagraph (i) is limited to 2 visits per Location (with the visit or visits together being no longer than 48 hours in duration) in any 7 consecutive days, unless operating to a regular aircraft landing area (see subclauses 2.7(1) and (1A));
(iii) a requirement not to conduct as part of a tourist program scenic flights in the Planning Area below 1,000 feet (above ground or water) (see subclause 2.7(2));
(iv) it may exceed setting limits only if the terms of a relevant permission allow it to exceed the setting limits (see subclause 2.4 (8)); or
(b) as otherwise provided for through an allocation process:
(i) that occurred before the commencement of this clause; and
(ii) that allocated the rights set out in the operator’s relevant permission.
Standard tour operation (vessel)—access right
(14) The access rights of a standard tour operation involving a vessel are:
(a) up to 50 days access each year to the Planning Area subject to a booking, in accordance with the terms of a relevant permission (see subclauses 2.5 (1) and (2)); or
(b) as otherwise provided for through an allocation process:
(i) that occurred before the commencement of this clause; and
(ii) that allocated the rights set out in the operator’s relevant permission.
Note: There are only 20 bookings available per day for vessels and aircraft to access the Planning Area: see clause 1.33.
Standard tour operation (aircraft)—access rights
(15) The access rights of a standard tour operation involving an aircraft are either:
(a) all of the following, in accordance with the terms of a relevant permission;
(i) up to 50 days access each year to the Planning Area subject to a booking (see subclauses 2.5 (1) and (2));
(ii) access under subparagraph (i) is limited to 2 visits per Location (with the visit or visits together being no longer than 48 hours in duration) in any 7 consecutive days, unless operating to a regular aircraft landing area (see subclauses 2.7(1) and (1A));
(iii) a requirement not to conduct as part of a tourist program scenic flights in the Planning Area below 1,000 feet (above ground or water) (see subclause 2.7(2)); or
(b) as otherwise provided for through an allocation process:
(i) that occurred before the commencement of this clause; and
(ii) that allocated the rights set out in the operator’s relevant permission.
Support service operation (vessel or aircraft)—access right
(16) The access right of a support service operation involving a vessel or an aircraft is up to daily access to the Planning Area without a booking, in accordance with the terms of a relevant permission.
1.33 Bookings
(1) This Plan sets out when access to the Planning Area or a part of the Planning Area, or use of an anchorage, is not permitted without a booking.
Note: Clause 2.5 requires a booking to conduct a large ship operation or standard tour operation in the Planning Area using a vessel or aircraft. Clause 2.4 requires bookings to anchor large ships and large vessels at certain anchorages.
(2) The total number of bookings for standard tour operations to operate in the Planning Area is 20 per day.
(3) The total number of bookings for large ship operations using a cruise ship to operate in the Planning Area is 3 per day.
Note: Information on how to make a booking can be found on the Authority’s website at http://www.gbrmpa.gov.au.
1.34 Permissions for tourism operations—policy overview
(1) This Plan limits the activities that can take place in the Planning Area and limits certain conversions between types of tourism operation, while allowing for growth in tourist visitation to the area and greater flexibility for most tourist programs.
(2) The Authority intends that only relevant permissions that are consistent with this Plan will be granted by it for tourism operations in the Planning Area. Requirements and procedures for applications, assessments and decisions (including the review of decisions) for relevant permissions are set out in the Act, the Zoning Plan and the Regulations.
1.35 Tourism permissions that are capped
(1) The Authority will not grant a new permission for a person to conduct a regional tour operation other than under subclause 1.36(1), (1A) or (5).
(2) The Authority will not grant a new permission for a person to conduct a bareboat operation.
(3) The Authority will not grant a new permission for a person to conduct a long range roving operation.
(4) The Authority will not grant a relevant permission for a person to conduct a Bowen operation if the total number of permissions for Bowen operations in force is 10.
(5) Subclauses (1), (2), (3) and (4) do not prevent the Authority from granting a permission described in any of those subclauses to allow temporary relocation under subclause 1.26(6) of a tourist program of which the tourism operation mentioned in subclause (1), (2), (3) or (4) forms part.
Note 1: The Authority’s policy relating to bareboats is contained in the document published by the Authority and entitled Managing Bareboat Operations in the Great Barrier Reef Marine Park. The document includes guidance on when conversions between bareboat and crewed vessel operations will be permitted (see also clause 1.41) and can be found on the Authority’s website at http://www.gbrmpa.gov.au.
Note 2: The Regulations provide for when a relevant permission ceases to be in force for the purposes of applications for further permissions.
1.36 Granting new permissions for regional tour operations
(1) The Authority may grant to persons who are Traditional Owners of any site or area located in the Planning Area up to 10 new permissions to conduct regional tour operations.
(1A) The Authority may grant up to 5 new permissions to conduct regional tour operations using a fixed‑wing aircraft (that is not a seaplane, flying boat or amphibian) for scenic flights without landing in the Planning Area.
(2) Subclauses (1) and (1A) do not prevent the grant of a new permission to conduct a regional tour operation to any person to allow temporary relocation under subclause 1.26(6) of a tourist program of which the regional tour operation forms part.
(3) A permission mentioned in subclause (1) or (1A) may permit a regional tour operation to have daily access to the Planning Area without a booking.
(4) The Authority will seek community and industry input when determining the timing of the release of the new permissions mentioned in subclause (1) or (1A).
(5) The Authority may grant a new permission for a regional tour operation if such a new permission becomes available because of the expiry, revocation or surrender of an earlier new permission of that kind (whether the earlier new permission was granted under subclause (1) or (1A) or otherwise).
Note 1: Under the Regulations, a process of inviting expressions of interest for the grant of a new permission (under subclause (1), (1A) or (5)) for a regional tour operation applies.
Note 2: Information about the way tourism permissions are managed by the Authority can be found on the Authority’s website at http://www.gbrmpa.gov.au.
1.37 Fishing or collecting as part of a tourist program
(1) The Authority will not grant any new permissions for tourist programs that involve fishing or collecting in the Planning Area, except in the following zones:
(a) the General Use Zone;
(b) the Habitat Protection Zone.
(2) Subclause (1) does not prevent the Authority from granting a new permission to allow temporary relocation under subclause 1.26(6) of a tourist program that is conducted under another relevant permission that permits the program to involve fishing or collecting in the Planning Area outside the General Use Zone or Habitat Protection Zone.
1.39 Harvest fishing and aquaculture operations
To address the issues mentioned in paragraph 1.22 (j) associated with harvest fishing and aquaculture operations in the Planning Area, the Authority:
(a) has relocated all harvest fisheries and aquaculture operations that were permitted to occur under earlier versions of this Plan to areas outside the Planning Area; and
(b) will not grant any relevant permissions for harvest fishing or aquaculture operations in the Planning Area.
Note: Earlier versions of this Plan can be found on the Federal Register of Legislation website at www.legislation.gov.au.
1.40 Permission replication and splitting
(1) The effective management of the impact of tourism operations in the Planning Area, particularly those that involve anchoring or alighting, relies fundamentally on the limits set by this Plan. Consequently, any attempts to circumvent the limits set by the Plan by, for example, conducting one tourism operation using multiple permissions, will undermine the Plan.
(2) The Authority will manage permissions and bookings to ensure permission replication or permit splitting does not circumvent the intention of the Plan. The actions needed to address this issue include, but are not limited to:
(a) requiring, when granting a permission for a tourism operation, that all relevant permissions for that tourism operation in the Planning Area are surrendered, have been revoked or have expired; and
(b) requiring that a person will not hold more than one relevant permission for that tourism operation in the Planning Area; and
(c) requiring that more than one person may be granted a relevant permission for a single tourism operation only if each permission for that operation has been assessed as meeting eligibility criteria referred to in earlier versions of this Plan.
Note: Earlier versions of this Plan can be found on the Federal Register of Legislation website at www.legislation.gov.au.
(3) Certain tourism operations will not be allowed to operate in the Planning Area on more than 50 days each year.
(4) The Authority will identify an individual tourism operation on the basis of the primary vessel or aircraft that is used for the operation. The operation of a vessel or aircraft across multiple permissions is not a legitimate basis for exceeding the limit (eg. a limit of 50 days access each year to the Planning Area) that is intended to apply to the tourism operation. The Authority will manage the permit and booking systems to ensure that the intended limits are not undermined.
1.41 Conversion between bareboat and crewed vessel (regional tour operation) operations
(1) The bareboat and crewed vessel fleet are intensive users of the Planning Area. The activities of the fleet are managed to maintain sustainable use of the Planning Area and a range of opportunities for all users.
(2) The Plan caps the number of crewed vessels (regional tour operations) and the number of bareboats operating in the Planning Area. The Authority intends that the total number of crewed vessels (regional tour operations) and bareboats will not be increased. However, the number of bareboats may be increased by up to 10, provided that there is an equal reduction in the number of crewed vessels (regional tour operations) and vice versa.
(3) Unless consistent with the circumstances mentioned in subclause (2), the Authority must not convert a relevant permission that has been granted for the purpose of conducting a tourism operation to a permission to conduct a bareboat operation.
Note: The Authority’s policy in relation to the conversion of relevant permissions for bareboat and crewed vessel operations is set out in the document published by the Authority and entitled Managing Bareboat Operations in the Great Barrier Reef Marine Park. The document can be found on the Authority's website at http://www.gbrmpa.gov.au.
1.42 Conversion between tourism operations
The Authority must not convert a relevant permission that has been granted for the purposes of any of the following tourism operations to a permission for any other type of operation (whether or not specified in the following list), and must not convert a permission for any other type of operation to a permission for an operation that is listed:
(a) aircraft operations;
(b) Bowen operations;
(c) craftless operations;
(d) hire operations;
(e) long range roving operations;
(f) passenger transport operations
(g) support service operations.
1.43 Further permissions
The Authority intends that if:
(a) a relevant permission (the original permission) was granted giving access rights for a tourist program; and
(b) the access rights were different to the access right restrictions set out in Part 2;
then, when a further permission is granted in respect of the original permission, the access rights may remain the same.
Note 1: Information about the way tourism permissions are managed by the Authority can be found in the document published by the Authority and entitled Managing Tourism Permissions to Operate in the Great Barrier Reef Marine Park (Including Allocation, Latency and Tenure). The document may be accessed on the Authority’s web site at http://www.gbrmpa.gov.au.
Note 2: The Regulations provide for:
(a) when a relevant permission ceases to be in force for the purposes of applications for further permissions; and
(b) transfers of permissions.
1.44 Special tourism permissions for which only certain persons may apply
The following relevant permissions are declared to be special tourism permissions for the purposes of the Regulations:
(a) a relevant permission to conduct any of the following tourism operations in the Planning Area:
(i) a bareboat operation;
(ii) a Bowen operation;
(iii) a long range roving operation;
(iv) a regional tour operation;
(b) a relevant permission to conduct a standard tour operation involving fishing or collecting in the Planning Area outside the General Use Zone and the Habitat Protection Zone.
Note: The Regulations limit who may apply for a special tourism permission to:
(a) a past holder of the permission; or
(b) a person selected through a process involving public invitation of expressions of interest in the permission and ranking of any such expressions of interest in order of merit according to published criteria.
Part 2—Enforcement provisions
Note 1: Regulations may be made providing for giving effect to the enforcement provisions of a plan of management or to the enforcement provisions of an amendment of a plan of management: see s 66 (2) (ba) of the Act.
Note 2: The Act contains a number of offences relating to zones.
Division 1—Preliminary
2.1 How many people on a vessel
A calculation of the number of people that a vessel is carrying for the purposes of a provision in this Part must include each person on board the vessel who is aged 4 years or older (unless the provision says the person is not to be included).
Note: The following persons must be included in the calculation if they are on board a vessel (unless the provision says they are not to be):
(a) officers and members of the vessel’s crew;
(b) any person on board the vessel who is to help with an activity associated with the use of the vessel (for example, a tour guide or diving instructor).
2.3 When this Part does not apply
(1) Nothing in this Part prohibits or restricts anything being done:
(a) by a law-enforcement authority of the Commonwealth or Queensland for its work; or
(b) for observation or surveillance by, or on behalf of, an authority of the Commonwealth or Queensland; or
(c) in accordance with Part 5 of the Zoning Plan; or
(d) in accordance with a relevant permission, granted under the Regulations, authorising the carrying on of an activity not mentioned in, or considered by the Authority in the preparation of, this Plan.
Note: Part 5 of the Zoning Plan is about additional purposes for use and entry, such as saving life, dealing with an environmental emergency, and managing the Marine Park.
(2) If the Authority gives written permission to do something for the purpose of research, nothing in this Part prevents or restricts anything being done in accordance with the written permission.
(3) This Part does not apply to the installation or use of a navigation aid.
2.3A Permissions must be consistent with this Plan
(1) The Authority must not grant a relevant permission to use or enter the Planning Area that is inconsistent with this Plan.
Determining inconsistency with this Plan
(2) For the purposes of subclause (1), assume that subclause 2.4(8) were not included in this Plan.
Note: That subclause effectively provides for a permission to override other provisions of this Plan that would otherwise prohibit or limit activities covered by the permission.
Exception for permissions for temporary relocation because of severe damage by a severe environmental incident
(3) Subclauses (1) and (2) do not prevent the Authority from granting a permission described in subclause 2.4(8) to allow temporary relocation under subclause 1.26(6) of a tourist program or tourist facility.
Exception for certain permissions like old permissions
(4) Subclauses (1) and (2) do not prevent the Authority from granting to a person (the applicant) a permission (the replacement permission) that is covered by subclause (5) if, when the application for the replacement permission was made, either:
(a) there was in force another permission held by the applicant that was of the same kind; or
(b) the applicant satisfied any requirements prescribed by the Regulations to be allowed to make the application.
(5) This subclause covers a relevant permission that:
(a) directly or indirectly arises out of another permission to conduct an operation that:
(i) was described in subclause 1.12(2) of this Plan as in force immediately before 18 December 2008 and met the requirements of subclause 1.12(3), (4) or (5) (as affected by subclause 1.12(6), if relevant) of this Plan as in force then; or
(ii) was described in subclause 1.13(2) of this Plan as in force immediately before 18 December 2008 and met the requirements of subclause 1.13(3), (4), (4B) or (4C) (as affected by subclause 1.13(4A) or (4D), if relevant) of this Plan as in force then; or
(b) becomes available because of the expiry, revocation or surrender of:
(i) an earlier permission to conduct an operation described in subparagraph (a)(i) or (ii); or
(ii) another permission directly or indirectly arising out of a permission described in subparagraph (i); or
(c) is a permission, other than a new permission, to conduct a bareboat operation or a long range roving operation.
Note: The other permission described in paragraph (a) is one that:
(a) permitted an operation for more than 50 days a year or with groups larger than what are now the group size setting limits; and
(b) was granted after the Authority assessed the application against certain eligibility criteria.
2.3B Permissions for conduct with no or low adverse impact on values of Planning Area
(1) This Plan does not prevent the Authority from granting a relevant permission that is applied for on or after 1 January 2018 if:
(a) in dealing under the Regulations with the application, the Authority has assessed the risks of the conduct proposed to be permitted and is satisfied that the conduct:
(i) is not likely to have an adverse impact on any of the values of the Planning Area; or
(ii) is likely to have only a low adverse impact on any of those values; and
(b) the conduct permitted by the permission accords with the intent of this Plan, and objects, mentioned in clause 1.3.
Note: This clause does not limit the Authority’s discretion under the Regulations to refuse to grant the permission.
(2) This clause has effect despite any other provision of this Plan.
Division 2—General restrictions on the operation of vessels and aircraft
2.4 Vessels not to be operated in certain setting areas
(1) A person must not operate a large ship in a setting area.
Note 1: Setting areas are set out in Schedule 2.
Note 2: Large ship is defined in Schedule 9.
(2) Subject to subclause (3), a person must not operate a vessel that has an overall length of more than 35 metres in a setting 2 (high use) area.
(3) A person may operate a vessel that has an overall length that is less than 70 metres in the part of the area described in clause 13 of Schedule 2 that is Hardy Reef if the vessel is operating to a mooring or pontoon.
(4) A person must not operate, in a setting 3 (moderate use) area, a vessel that:
(a) is more than 35 metres in overall length; or
(b) is carrying more than 40 people.
(5) A person must not operate, in a setting 4 (low use) area, a vessel that:
(a) is more than 35 metres in overall length; or
(b) is carrying more than 15 people.
(6) A person must not operate, in a setting 5 (protected) area, a vessel:
(a) that has an overall length of more than 20 metres; or
(b) carrying more than 15 people.
(7) Subclauses (1) to (6) do not prevent a person from:
(a) operating a vessel other than a ship to transit a setting area in which the person would be prohibited from operating the vessel apart from this paragraph; or
(b) operating a large ship to transit to or from a designated anchorage; or
(c) anchoring a large ship or large vessel at a designated anchorage at a time if:
(i) there is a booking to anchor the ship or vessel at the anchorage at the time; and
(ii) if the ship or vessel is anchored by an anchor and chain—the anchor and chain are within the anchorage; and
(iii) if the ship or vessel is anchored without the use of an anchor—the ship or vessel is anchored centrally within the anchorage;
(even if the anchorage is in a setting area in which the person would be prohibited from operating the ship or vessel apart from this paragraph); or
(d) operating a vessel in a setting area to transfer passengers to or from:
(i) a vessel at a designated anchorage in the setting area; or
(ii) a superyacht at a superyacht anchorage in the setting area; or
(e) navigating a ship in a setting area within a Shipping Area if keeping the ship outside the setting area would unreasonably affect navigation of the ship through the Shipping Area.
Note: Paragraphs (a) and (e)—ship is defined in Schedule 9.
(7A) Subclause (2) and paragraphs (4)(a) and (5)(a) do not prevent a person from anchoring a superyacht at a superyacht anchorage at a time if:
(a) there is a booking to anchor the superyacht at the anchorage at the time; and
(b) the superyacht is less than 70 metres in overall length; and
(c) the superyacht is carrying not more than 12 people other than master and crew; and
(d) if the superyacht is anchored by an anchor and chain—the anchor and chain are within the anchorage; and
(e) if the superyacht is anchored without the use of an anchor—the superyacht is anchored centrally within the anchorage.
This applies even if the anchorage is in a setting area in which the person would be prohibited from operating the superyacht, apart from this subclause.
(8) If a relevant permission allows a person to operate a vessel in a setting area in a way that does not comply with subclause (1), (2), (3), (4), (5) or (6) then, despite any of those subclauses, the permission prevails.
(9) A person must not anchor a large ship at a designated anchorage if:
(a) in the case of an anchorage other than the Turtle Bay designated anchorage and the Funnel Bay designated anchorage—another large ship is already anchored at the anchorage; or
(b) in the case of the Turtle Bay designated anchorage or the Funnel Bay designated anchorage—2 large ships are already anchored at the anchorage.
(9A) A person must not anchor a vessel at a superyacht anchorage at a time unless:
(a) the vessel is a superyacht that:
(i) is less than 70 metres in overall length; and
(ii) is carrying not more than 12 people other than master and crew; and
(b) there is a booking to anchor the superyacht at the anchorage at the time; and
(c) if the superyacht is anchored by an anchor and chain—the anchor and chain are within the anchorage; and
(d) if the superyacht is anchored without the use of an anchor—the superyacht is anchored centrally within the anchorage.
(9B) A person must not anchor a superyacht at a superyacht anchorage at which another vessel is already anchoring or anchored, unless:
(a) the Regulations indicate that the capacity of the superyacht anchorage is more than one superyacht; and
(b) the number of vessels already anchoring or anchored at the superyacht anchorage is less than the number of superyachts specified in the Regulations as the capacity of the superyacht anchorage.
(10) In subclause (3), a vessel that is operating as part of a tourism operation is operating to a mooring or pontoon if the vessel:
(a) remains attached to the mooring or pontoon during the operation; or
(b) if it is not attached as mentioned in paragraph (a)—is not attached to the mooring or pontoon during the operation because it is transiting the Marine Park to or from the mooring or pontoon by the most direct reasonable route.
2.5 Operation of tourism operations in the Planning Area
Large ship operations and standard tour operations
(1) A person must not conduct a large ship operation or a standard tour operation in the Planning Area on more than 50 days each year.
(2) A person must not conduct a large ship operation or a standard tour operation in the Planning Area on a day without a booking to conduct the operation in the Planning Area on that day.
Long range roving operations
(3) A person must not conduct a long range roving operation in the Planning Area:
(a) on more than 100 days each year; or
(b) so as to visit a particular Location:
(i) more than twice in any 7 consecutive days; or
(ii) for a total of more than 48 hours in any 7 consecutive days; or
(c) so as to carry aboard the vessel being used for the operation more than 30 passengers (excluding master and crew):
(i) on more than 10 days each year; or
(ii) on a day in relation to which the person has not notified the Authority in advance that more than 30 passengers will be carried aboard the vessel.
Note: Clause 2.4 will also limit the number of passengers that may be carried on the vessel being used in a setting area for a long range roving operation (subject to the permission under which the operation is being conducted).
2.5A Passenger transport operations
A person conducting a passenger transport operation must ensure that:
(a) the operation is conducted using the most direct reasonable routes in transporting passengers on a vessel or aircraft throughout the Planning Area; and
(b) on the route, the vessel or aircraft does not stop except:
(i) to pick up passengers; or
(ii) for passengers to disembark at their destination; or
(iii) in the case of an emergency.
2.5B Support service operations
A person conducting a support service operation must ensure that a vessel or aircraft used to conduct the operation:
(a) is not operated in continuous association with the vessel or aircraft being serviced as part of the support service operation; and
(b) does not remain associated with the vessel or aircraft being serviced for longer than is necessary to provide the service; and
(c) is used only to offer services (excluding, for example, sale of food and drink) that are essential to the continued safe and effective operation of the vessel or aircraft being serviced; and
(d) is not used to transport a person for the purpose of tourism.
2.7 Limits on operation of aircraft
Limits on operating in Locations
(1) A person must not operate an aircraft in a Location more than twice in any 7 consecutive days, except to land at, or take off from:
(a) Hamilton Island Airport, the Lindeman Island airstrip or the Whitsunday airstrip; or
(b) a regular aircraft landing area within the Location.
Minimum height for scenic flights
(1A) However, a person may taxi an aircraft by the most direct and reasonable route (in either direction) between the regular aircraft landing area within the Whitehaven Beach, Whitsunday Island Location and the landward edge of that Location south‑east of that regular aircraft landing area.
(2) A person must not operate an aircraft for scenic flights, as part of a tourist program, below 1 000 feet (above ground or water) in the Planning Area.
Limit on aerobatics in setting areas
(3) A person must not operate an aircraft for aerobatics in a setting area, except a setting 1 (intensive) area.
Note: A setting area includes airspace to a height of 3,000 feet.
2.8 Other limits on use of vessels
General prohibition on high‑speed vessels in most setting areas
(1) A person must not operate a high‑speed vessel in a setting area, unless that area is:
(a) a setting 1 (intensive) area; or
(b) a designated motorised water sports area.
Exception for personal watercraft used for tourism and transiting certain routes
(2) Despite subclause (1), a person may operate a personal watercraft to transit a setting area as part of a tourist program if:
(a) the person is not, during the transit, operating the personal watercraft for motorised water sport; and
(b) the transit is part of a longer transit (in either direction) between a place described in column 1 of an item of the following table and a place described in column 2 of that item, by a route that does not pass the eastern coast of either North Molle Island or South Molle Island.
Exception for transiting non‑tourist high‑speed vessels
(3) Despite subclause (1), a person may operate a high‑speed vessel to transit a setting area otherwise than as part of a tourist program if the person is not, during the transit, operating the vessel for motorised water sport.
Prohibition on motorised water sport in certain setting areas
(4) A person must not operate a vessel for motorised water sport in a setting area unless the area is:
(a) a setting 1 (intensive) area; or
(b) a designated motorised water sports area.
Note: Restrictions apply to vessels operating in a setting area: see clause 2.4.
Limits on large ships operating as part of tourist program
(5) A person must not operate a large ship as part of a tourist program in the Planning Area except:
(a) in the General Use Zone; or
(b) in a Shipping Area; or
(c) to anchor at, or transit to or from, a designated anchorage.
Note: The General Use Zone and the Shipping Area are set out in the Schedule to the Zoning Plan.
Limits on cruise ship’s tenders operating as part of tourist program
(6) A person must not operate a cruise ship’s tender in the Planning Area to conduct tourist program activities, except when transiting between the cruise ship and:
(a) a place outside the Planning Area; or
(b) a tourist facility within, or partly within, the Planning Area.
Division 3—Wildlife protection
2.11 Activities in or near significant bird sites
Permanent ban on aircraft operation below 1,500 feet within 1,000 metres
(1) A person must not operate an aircraft, below 1,500 feet (above ground or water), to approach within 1,000 metres of any of the following significant bird sites:
(a) Bird Island;
(b) East Rock;
(c) Edwin Rock;
(d) Eshelby Islands.
Seasonal ban on aircraft operation below 1,500 feet within 1,000 metres
(2) A person must not operate an aircraft, below 1,500 feet (above ground or water), to approach within 1,000 metres of any of the following significant bird sites between 1 October and the next 31 March:
(a) Armit Island (southern beach only);
(b) Armit Islets (No 1);
(c) Double Cone Island (western island only);
(d) Grassy Island (southern beach only);
(e) Olden Rock (south of Olden Island);
(f) Shaw Island (beach east of Burning Point);
(g) South Repulse Island (western beach only).
Seasonal no‑go zones for vessels
(3) A person must not operate a vessel within any of the following significant bird sites between 1 October and the next 31 March:
(a) East Rock;
(b) Edwin Rock;
(c) Olden Rock (south of Olden Island).
Note: Eshelby Islands are located with a Preservation (pink) Zone under the Zoning Plan. Access to these islands is limited and only in accordance with the Zoning Plan.
Permanent speed limit for vessels in Bird Island significant bird site
(4) A person must not operate a vessel at a speed greater than 6 knots within the Bird Island significant bird site.
Seasonal speed limits for vessels
(5) A person must not operate a vessel at a speed greater than 6 knots within any of the following significant bird sites between 1 October and the next 31 March:
(a) Armit Island (southern beach only);
(b) Armit Islets (No 1);
(c) Double Cone Island (western island only);
(d) Grassy Island (southern beach only);
(e) Shaw Island (beach east of Burning Point);
(f) South Repulse Island (western beach only).
(6) A person must not operate a vessel at a speed greater than 6 knots within any of the following significant bird sites between 1 April and the next 30 September:
(a) East Rock;
(b) Edwin Rock.
2.12 Protecting coral
(1) A person must not damage coral.
(2) The conduct prohibited by subclause (1) does not include:
(a) damaging coral by anchoring, if the person who anchors takes reasonable care to avoid damaging the coral, and an anchor of the kind commonly called a reef pick is used; or
(b) taking coral in accordance with a relevant permission.
(3) A person must not drop an anchor for a vessel, an aircraft, or any other facility in a no‑anchoring area.
Note 1: The Regulations list the no‑anchoring areas.
Note 2: This subclause does not prohibit a person from causing a vessel, aircraft or other facility to become or remain stationary in a no‑anchoring area without the dropping of an anchor.
Division 4—Other activities
2.14 Certain commercial activities
(1) Except in a setting 1 (intensive) area, a person must not carry on a retail operation in the Planning Area.
Note: Setting areas are set out in Schedule 2. Setting 1 (intensive) areas are set out in Part 1 of that Schedule.
(2) Except in a setting 1 (intensive) area, a person must not carry on an operation involving the selling of services in the Planning Area.
(3) Except in a setting 1 (intensive) area, a person must not carry on a hire operation in the Planning Area.
(4) Subclauses (1), (2) and (3) do not prevent a person from conducting a support service operation in accordance with a relevant permission.
(5) Subclauses (1), (2) and (3) do not prevent a person from conducting in the Woodwark Bay South Location either a hire operation using hire equipment or a non‑motorised operation.