Commonwealth Consolidated Acts

GREAT BARRIER REEF MARINE PARK ACT 1975

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   2A.     Objects of this Act  
   3.      Interpretation  
   3AA.    Ecologically sustainable use  
   3AB.    Principles of ecologically sustainable use  
   3A.     Interpretation of zoning plans  
   3B.     Interpretation of geographic co - ordinates  
   4.      Act binds the Crown  
   4A.     Application of the Criminal Code  
   5.      Application of Act  

   PART II--ESTABLISHMENT--, FUNCTIONS AND POWERS OF THE GREAT BARRIER REEF MARINE PARK AUTHORITY

   6.      Great Barrier Reef Marine Park Authority  
   7.      Functions of the Authority  
   7A.     Provision of assistance to other institutions and persons  
   8.      Powers of Authority  
   8B.     CEO not subject to direction by Authority on certain matters  

   PART III--CONSTITUTION--AND MEETINGS OF THE AUTHORITY

   10.     Membership of Authority  
   11.     Period of appointment of part - time members of Authority  
   12.     Remuneration and allowances of part - time members of Authority  
   13.     Leave of absence for part - time members of Authority  
   14.     Resignation of part - time members of Authority  
   15.     Acting Chairperson and members  
   15A.    Outside employment  
   15B.    Member of governing body of a relevant interest group  
   16.     Termination of appointment of part - time members of Authority  
   16A.    Disclosure of interest to the Minister  
   16B.    Other terms and conditions  
   17.     Meetings of Authority  
   18.     Decisions without meetings  
   19.     Other matters  

   PART V--THE--GREAT BARRIER REEF MARINE PARK

           Division 1--Great Barrier Reef Marine Park

   30.     Great Barrier Reef Marine Park  
   31.     Areas part of Marine Park  

           Division 2--Zoning plans

   32.     Objects of Division  
   32A.    When zoning plans must be prepared  
   32B.    Content of zoning plans  
   32C.    Notice of intention to prepare zoning plan  
   34.     Operational principles  
   35.     Environmental, economic and social assessments  
   35A.    Matters to which Authority must have regard when preparing zoning plans  
   35B.    Notice of preparation of zoning plan  
   35C.    Zoning plans must be submitted to Minister  
   35D.    Zoning plans are legislative instruments  
   35DA.   Power of zoning plans  
   35E.    Disallowance of zoning plans  
   35F.    Commencement of zoning plans  
   35G.    Statement about operational principles  
   36.     Authority etc. to comply with zoning plans  
   37.     Amendment or revocation of zoning plan--substantive changes  
   37A.    Amendment of zoning plan--typographical errors  

           Division 3--Duty to prevent or minimise harm to environment in Marine Park

   37AA.   Duty to prevent or minimise harm to environment in Marine Park  

           Division 4--Relationship with the Environment Protection and Biodiversity Conservation Act 1999

   37AB.   Actions affected by the Environment Protection and Biodiversity Conservation Act 1999  
   37AC.   Great Barrier Reef Region not to be reserved under the Environment Protection and Biodiversity Conservation Act 1999  

   PART VAA--OFFENCES--AND PENALTIES IN RELATION TO GREAT BARRIER REEF MARINE PARK AND REGION

           Division 1--Conduct in Great Barrier Reef Region

   38AA.   Mining or geological storage operations in Great Barrier Reef Region: offence  
   38AB.   Mining or geological storage operations in Great Barrier Reef Region: civil penalty provision  

           Division 2--Conduct in Marine Park zones

   38BA.   Conduct in zone: offence  
   38BB.   Conduct in zone: civil penalty provision  
   38BC.   Conduct in zone without required notice: offence  
   38BD.   Operation of fishing vessel in zone: offence  

           Division 3--Conduct in unzoned area of Marine Park

   38CA.   Conduct in unzoned area: offence  
   38CB.   Conduct in unzoned area: civil penalty provision  

           Division 3A--Convictions under former section 38CA

   38CC.   Convictions under former section 38CA  

           Division 4--Conduct in Marine Park generally

   38DA.   Vessel causing damage in Marine Park: offence  
   38DB.   Vessel causing damage in Marine Park: civil penalty provision  
   38DC.   Contravening order or direction: offence  
   38DD.   Discharging waste: offence  
   38DE.   Pollution - related approval  

           Division 5--Conduct contravening conditions

   38EA.   Conduct contravening condition of permission or authority: offence  
   38EB.   Conduct contravening condition of permission or authority: civil penalty provision  

           Division 6--Collective and vicarious liability

   38FA.   Liability for vessel, aircraft or platform used in committing offence: offence  
   38FB.   Liability for ship used in committing offence: offence  
   38FC.   Liability for vessel causing damage in Marine Park: offence  
   38FD.   Liability of permission holder for conduct contravening permission: offence  

           Division 7--Aggravated offences and contraventions

   38GA.   Aggravated offences  
   38GB.   Aggravated contraventions  

           Division 8--Miscellaneous

   38HA.   Commencement of certain prosecutions: time limit  
   38HB.   Commencement of certain prosecutions: Attorney - General's consent  
   38HC.   Conduct in the exclusive economic zone: offences other than Division 6 offences  
   38HD.   Conduct in the exclusive economic zone: Division 6 offences  
   38HE.   Conduct in the territorial sea: offences other than Division 6 offences  
   38HF.   Conduct in the territorial sea: Division 6 offences  

   PART VA--COLLECTION--OF ENVIRONMENTAL MANAGEMENT CHARGE

           Division 1--Object

   39A.    Object  
   39AA.   Definitions  

           Division 2--Liability to charge

   39B.    Liability to charge  
   39C.    Amount of charge  
   39D.    Chargeable permission held jointly--joint and several liability of holders  
   39DA.   Payment of charge by chargeable permission holders  
   39DB.   Payment of charge by visitors  
   39E.    When charge due for payment  
   39F.    Payment of charge by instalments  
   39FAA.  One - off waiver of environmental management charge payable by permission holder--coronavirus economic response  

           Division 2A--Collected amounts

   39FA.   Chargeable permission holders must collect charge payable by visitors  
   39FB.   Chargeable permission holders must pay collected amounts to the Authority on time  
   39FC.   Chargeable permission held jointly--joint and several liability of holders  
   39FD.   Payment of collected amounts  
   39FE.   When collected amount is due for payment  
   39FF.   False or misleading representation in relation to tourism services: offence  
   39FG.   One - off grant to holders of chargeable permissions--coronavirus economic response  

           Division 3--Recovery of charge etc.

   39G.    Late payment penalty  
   39H.    Payment of late payment penalty  
   39J.    Recovery of charge and late payment penalty  
   39K.    Regulations relating to recovery of charge etc.  

           Division 4--Review of decisions relating to remission of late payment penalty

   39L.    Reconsideration of decisions relating to remission of late payment penalty  
   39M.    Review of decisions by ART  
   39N.    Statements to accompany notification of decisions  

           Division 5--Record-keeping and returns etc.

   39P.    Record - keeping and returns etc.  
   39PA.   Custody and banking of collected amounts etc.  
   39Q.    Failure to give information or returns  

           Division 5A--Application of the Public Governance, Performance and Accountability Act 2013

   39QA.   Collected amounts  

           Division 6--Enforcement

   39S.    Power to search aircraft and vessels  
   39T.    Powers of inspector in relation to premises  
   39U.    Warrant to enter premises  

   PART VB--PLANS--OF MANAGEMENT

   39V.    Interpretation  
   39W.    Preparation of plans of management  
   39X.    Types of plans of management  
   39Y.    Objects of plans of management  
   39ZA.   Arrangements with community groups that have special interests in areas of the Marine Park  
   39ZB.   Notice of proposal to prepare plan of management  
   39ZC.   Moratorium on grant of new permits while plan of management is being prepared  
   39ZD.   Preparation of plan of management  
   39ZE.   Notice of preparation of plan of management  
   39ZF.   Plans of management are legislative instruments  
   39ZFA.  Power of plans of management  
   39ZG.   Amendment of plan of management  
   39ZH.   Revoking or freezing plans of management  
   39ZI.   Authority to comply with management plans  

   PART VI--ADMINISTRATION

           Division 1--Chief Executive Officer of Authority

   39ZJ.   Establishment  
   39ZK.   Role  
   39ZL.   Appointment  
   39ZM.   Acting appointments  
   39ZN.   Remuneration and allowances of CEO  
   39ZP.   Leave of absence of CEO  
   39ZQ.   Outside employment  
   39ZR.   Member of governing body of a relevant interest group  
   39ZS.   Resignation of CEO  
   39ZT.   Termination of appointment  
   39ZU.   Other terms and conditions  

           Division 2--Staff and inspectors

   40.     Staff of Authority  
   41.     Performance of service by other persons  
   43.     Appointment of inspectors  
   43A.    Arrangements for certain persons to be inspectors  
   44.     Inspectors ex officio  
   45.     Identity cards  

           Division 3--Delegations

   46.     Delegation by Minister  
   47.     Delegation by Authority  
   48.     Delegation by CEO  
   48A.    Arrangements for certain delegations  

   PART VII--FINANCE--AND REPORTING REQUIREMENTS

           Division 1--Great Barrier Reef Field Management Special Account

   49.     Great Barrier Reef Field Management Special Account  
   50.     Credits to the Account  
   51.     Purposes of the Account  
   52.     Amounts paid by Queensland  

           Division 2--Reporting requirements

   53.     Annual report  
   53A.    Corporate plans  
   54.     Great Barrier Reef Outlook Report  

   PART VIIA--COMPULSORY--PILOTAGE

   59A.    Purpose of Part  
   59B.    Offence to navigate without a pilot  
   59C.    Offence to enter an Australian port after navigating without a pilot: master and owner liable  
   59D.    Offence to enter an Australian port after navigating without a pilot: owner liable  
   59E.    Pilots to issue certificates  
   59F.    Exemption from requirement to navigate with a pilot  
   59G.    Review by the Administrative Review Tribunal  
   59H.    Defence in proceedings for offences  
   59I.    Prosecution of offences  
   59J.    Time for commencing prosecutions  
   59K.    Service of summons or process  
   59L.    Powers of inspector--compulsory pilotage area  
   59M.    Limitation on exercise of powers--location  

   PART VIII--ENFORCEMENT

           Division 1--Enforcement powers

              Subdivision A--Vessel monitoring directions

   61AAA.  Making vessel monitoring directions  
   61AAB.  Use and disclosure of vessel monitoring information  
   61AAC.  Failure to comply with vessel monitoring direction: offence  
   61AAD.  Failure to comply with vessel monitoring direction: civil penalty provision  

              Subdivision B--Enforceable undertakings

   61ABA.  Acceptance of undertaking  
   61ABB.  Enforcement of undertaking  

              Subdivision C--Emergency directions

   61ACA.  Making emergency directions  
   61ACB.  Failure to comply with emergency direction: offence  

              Subdivision D--Enforceable directions

   61ADA.  Making enforceable directions  
   61ADB.  Content of enforceable direction  
   61ADC.  Notifying owners and occupiers of land  
   61ADD.  When enforceable directions have effect  
   61ADE.  Ministerial reconsideration of enforceable direction  
   61ADF.  Application to Federal Court  
   61ADG.  Enforcement of direction by Federal Court  
   61ADH.  Failure to comply with enforceable direction: civil penalty provision  

              Subdivision E--Directions limiting access to Marine Park

   61AEA.  Directions limiting access to Marine Park  
   61AEB.  Failure to comply with direction: offence  

              Subdivision F--Publicising offences and contraventions

   61AFA.  Publicising offences and contraventions  

              Subdivision G--Injunctions

   61AGA.  Injunctions  

              Subdivision H--Remediation orders

   61AHA.  Remediation orders  
   61AHB.  Variation and discharge of remediation order  

              Subdivision I--Civil penalty provisions

   61AIA.  Declarations of contravention  
   61AIB.  Declaration of contravention is conclusive evidence  
   61AIC.  Pecuniary penalty for contravening civil penalty provision  
   61AID.  Definition of civil penalty provision  
   61AIE.  Contravening a civil penalty provision is not an offence  
   61AIF.  Persons involved in contravening civil penalty provision  
   61AIG.  Recovery of a pecuniary penalty  
   61AIH.  Civil evidence and procedure rules for declarations of contravention and civil penalty orders  
   61AII.  Civil proceedings after criminal proceedings  
   61AIJ.  Criminal proceedings during civil proceedings  
   61AIK.  Criminal proceedings after civil proceedings  
   61AIL.  Evidence given in proceedings for penalty not admissible in criminal proceedings  

              Subdivision J--Court order to pay amount equivalent to avoided charge

   61AJA.  Order to pay amount equivalent to avoided charge  

              Subdivision K--Publicity orders

   61AKA.  Publicity orders  

           Division 2--Other enforcement-related matters

              Subdivision A--Infringement notices

   61ALA.  Infringement notices  

              Subdivision B--Evidentiary matters

   61AMA.  Content of evidentiary certificate  
   61AMB.  Evidentiary effect of certificate  
   61AMC.  Varying or revoking certificate  
   61AMD.  Offences and contraventions in relation to fishing  

              Subdivision C--Conduct of directors, employees and agents

   61ANA.  Conduct of directors, employees and agents  

              Subdivision D--Liability of executive officers for bodies corporate

   61AOA.  Criminal liability of executive officers of bodies corporate  
   61AOB.  Civil penalties for executive officers of bodies corporate  
   61AOC.  Reasonable steps to prevent offence or contravention  

              Subdivision E--Miscellaneous

   61APA.  Powers of Federal Court  
   61A.    Restoration of environment etc.  
   61B.    Liability for expenses incurred by the Commonwealth resulting from contravention of this Act  
   61C.    Enforcement of orders for payment  
   63.     Jurisdiction of courts  

   PART IX--MISCELLANEOUS

   64.     Reconsideration of decisions  
   64A.    Review of decisions by ART  
   64B.    Proceedings in the name of the Authority  
   65.     Act to apply subject to international obligations  
   65A.    Appropriation of Consolidated Revenue Fund  
   66.     Regulations