Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"aggravated contravention" has the meaning given by section 38GB.
"aggravated offence" has the meaning given by section 38GA.
"agreement" includes a treaty or convention.
"aircraft" means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, but does not include a hovercraft.
"amendment" , in relation to a plan of management, means an amendment of such a plan that is prepared under section 39ZG.
"animal" means any member, alive or dead, of the animal kingdom (other than man), and includes:
(a) eggs or parts of eggs; and
(b) the skin, feathers, shell or any other part of an animal.
"ART" means the Administrative Review Tribunal.
"Australian jurisdiction" has the meaning given by subsection 5(4).
"Australian resident" means:
(a) a person who holds a permanent visa (as defined in the Migration Act 1958 ) that is in effect; or
(b) a New Zealand citizen who is usually resident in Australia or a Territory and who holds a special category visa (as defined in the Migration Act 1958 ) that is in effect; or
(c) any other person who is usually resident in Australia or a Territory and whose continued presence in Australia or a Territory is not subject to a limitation as to time imposed by law.
"Authority" means the Great Barrier Reef Marine Park Authority established by this Act.
"CEO" means the Chief Executive Officer of the Authority.
"Chairperson" means the Chairperson of the Authority.
"charge" means charge imposed by:
(a) the Great Barrier Reef Marine Park (Environmental Management Charge--General) Act 1993 ; or
(b) the Great Barrier Reef Marine Park (Environmental Management Charge--Excise) Act 1993 .
"chargeable permission" means a permission granted under the regulations, where the permission is of a kind declared by the regulations to be a chargeable permission for the purposes of this Act.
"civil penalty provision" has the meaning given by section 61AID.
"class vessel monitoring direction" has the meaning given by subsection 61AAA(7).
"community group having a special interest" has a meaning affected by section 39V.
"compulsory pilotage area" means any part of the Great Barrier Reef Region that is prescribed by the regulations.
"conduct" has the same meaning as in the Criminal Code .
"corporate Commonwealth entity" has the meaning given by the Public Governance, Performance and Accountability Act 2013 .
"declaration of contravention" means a declaration made under section 61AIA.
"discharge" , in relation to waste, means release the waste, however the release is caused, and includes any escape, disposal, depositing, spilling, leaking, pumping, emitting or emptying of the waste.
"dory" means:
(a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory authorising the vessel to be used in association with a primary commercial fishing vessel; or
(b) a vessel that is used in association with a primary commercial fishing vessel.
Note: A dory might also be known as a tender commercial fishing vessel.
"ecologically sustainable use" has the meaning given by section 3AA.
"ecosystem-based management" means an integrated approach to managing an ecosystem and matters affecting that ecosystem, with the main object being to maintain ecological processes, biodiversity and functioning biological communities.
"emergency direction" has the meaning given by subsection 61ACA(2).
"enforceable direction" has the meaning given by subsection 61ADA(2).
"enforcement provision" , in relation to a plan of management or an amendment of a plan of management, has the meaning given by subsection 39ZD(5) or by that subsection as it has effect because of subsection 39ZG(2), as the case may be.
"engage in conduct" has the same meaning as in the Criminal Code .
"environmental management" means:
(a) environmental management;
(b) natural resource management;
(c) park management (including aquarium management and zoo management); or
(d) any similar matter.
"executive officer" , of a body corporate, means a person, by whatever name called and whether or not a director of the body, who is concerned in, or takes part in, the management of the body.
"farming facility" means a facility for the farming of marine resources.
"Federal Court" means the Federal Court of Australia.
"fish" includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms, but does not include marine mammals or marine reptiles.
"fishing" means any of the following:
(a) taking fish;
(b) attempting to take fish;
(c) engaging in any activity (including searching for fish, using fishing apparatus and using fish aggregating devices) in connection with taking, or attempting to take, fish.
"geological storage operations" means:
(a) operations to inject and store a gas substance in part of a geological formation; or
(b) operations preparing for or incidental to operations mentioned in paragraph (a).
"Great Barrier Reef Region" means:
(a) the area described in Schedule 1; and
(b) such area (if any) contiguous with the northern boundary of that area as is prescribed;
other than any part of such an area that is referred to in section 14 of the Seas and Submerged Lands Act 1973 or is an island, or a part of an island, that forms part of Queensland and is not owned by the Commonwealth.
"Great Barrier Reef World Heritage Area" means the area described in Schedule 1.
"hovercraft" means a vehicle designed to be supported on a cushion of air.
"Indigenous person" means a person who is:
(a) a member of the Aboriginal race of Australia; or
(b) a descendant of an Indigenous inhabitant of the Torres Strait Islands.
"individual vessel monitoring direction" has the meaning given by subsection 61AAA(2).
"inspector" means:
(a) a person appointed as an inspector under subsection 43(1); or
(b) a person referred to in section 44.
"landing area" means an area for the landing of aircraft.
"late payment penalty" means an amount payable under subsection 39G(1), (1A) or (1B).
"Marine Park" means the Great Barrier Reef Marine Park established by this Act.
"master" means a person having command or charge of a vessel.
"member" means a member of the Authority.
"member of the governing body of a relevant interest group" has the meaning given by subsection 10(10).
"minerals" means minerals in any form, whether solid, liquid or gaseous and whether organic or inorganic.
"mining operations" :
(a) means operations or activities connected with, or incidental to, the mining or recovery of minerals; and
(b) includes prospecting for or exploring for minerals.
"mitigate" , in relation to damage, includes prevent further damage.
"navigate without a pilot" has the meaning given by subsections (5) and (6).
"offence against this Act" includes an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act.
"official" has the meaning given by the Public Governance, Performance and Accountability Act 2013 .
"oil" has the same meaning as in Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 .
"oil tanker" means a vessel fitted with cargo spaces that are constructed and used to carry oil in bulk of a total capacity of at least 200 cubic metres.
"overall length" has the meaning given by subsection (7) or (8).
"owner" , in relation to a vessel, has the meaning given by subsection (9) or (10).
"paid work" means work for financial gain or reward (whether as an employee, a self - employed person or otherwise).
"part-time member" means a member appointed under subsections 10(2) and (2A).
"pecuniary penalty order" means an order referred to in subsection 61AIC(2).
"pilot" means a person:
(a) who does not belong to, but has the conduct of, a vessel; and
(b) who is licensed or registered under a prescribed law of the Commonwealth, a State or a Territory.
"pilot's certificate" means a certificate issued by a pilot under section 59E.
"plan of management" means a plan of management for the Marine Park that is prepared in accordance with Part VB.
"plant" means any member, alive or dead, of the plant kingdom or of the fungus kingdom, and includes seeds and parts of plants.
"port" has the same meaning as in the Navigation Act 2012 .
"precautionary principle" means the principle that lack of full scientific certainty should not be used as a reason for postponing a measure to prevent degradation of the environment where there are threats of serious or irreversible environmental damage.
"primary commercial fishing vessel" means:
(a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory authorising the vessel to be used to take fish for commercial purposes; or
(b) a vessel that is used to take fish for commercial purposes.
"principles of ecologically sustainable use" has the meaning given by section 3AB.
"prohibited" : conduct in a zone is prohibited if the conduct is neither:
(a) for a purpose for which, under the zoning plan for the zone, the zone may be used or entered without permission; nor
(b) for a purpose that, under the zoning plan for the zone, requires permission.
"protected species" means any of the following:
(a) a cetacean;
(b) a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species;
(c) a species of marine mammal, bird or reptile that is prescribed as endangered wildlife, vulnerable wildlife or rare wildlife under the Nature Conservation Act 1992 of Queensland;
(d) a species declared by the regulations to be a protected species for the purposes of this definition;
(e) a species declared by the regulations to be a strictly protected species for the purposes of this definition.
"public notice" means a notice published:
(a) in the Gazette ; and
(b) in a newspaper circulating generally in Queensland; and
(c) on the website of the Authority; and
(d) in such other manner (if any) as the Authority considers appropriate.
"reef" includes bommie fields, reef slopes, moats and ramparts.
"regulated ship" means any kind of vessel:
(a) that is 70 metres or longer in overall length; or
(b) that is a loaded:
(i) oil tanker; or
(ii) chemical carrier; or
(iii) liquefied gas carrier;
other than:
(c) a vessel belonging to an arm of the Defence Force of Australia or to the naval, military or air forces of a country other than Australia; or
(d) a vessel in respect of which an exemption under section 59F is in force.
"remediation order" has the meaning given by subsection 61AHA(1).
"reviewable decision" has the meaning given by subsection 64(3).
"take" , in relation to an animal or plant, includes remove, gather, catch, capture, kill, destroy, dredge for, raise, carry away, bring ashore, interfere with and obtain.
"this Act" includes the regulations.
"traditional owner" means an Indigenous person:
(a) who is recognised in the Indigenous community or by a relevant representative Aboriginal or Torres Strait Islander body:
(i) as having spiritual or cultural affiliations with a site or area in the Marine Park; or
(ii) as holding native title in relation to that site or area; and
(b) who is entitled to undertake activities under Aboriginal or Torres Strait Islander custom or tradition in that site or area.
"unzoned area" means that part (if any) of the Marine Park in respect of which no zoning plan is in force.
"vessel" means a ship, boat, raft or pontoon or any other thing capable of carrying persons or goods through or on water, and includes a hovercraft.
"vessel monitoring direction" means an individual vessel monitoring direction or a class vessel monitoring direction.
"vessel monitoring system" means a system in which vessels are fitted with an electronic device that can provide information about the vessels' course or position, or other such information.
"waste" means any of the following:
(a) oil within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 ;
(b) noxious liquid substances within the meaning of Part III of that Act;
(c) packaged harmful substances within the meaning of Part IIIA of that Act;
(d) sewage within the meaning of Part IIIB of that Act;
(e) garbage within the meaning of Part IIIC of that Act;
(f) mixtures where the oil content is greater than 15 parts in 1,000,000 parts;
(g) any other matter that is declared by the regulations to be waste for the purposes of this definition.
"zone" means a zone created by a zoning plan (whether designated in the plan as a zone, area or some other designation).
"zoning plan" means a zoning plan prepared in accordance with Division 2 of Part V.
(1A) In this Act, the following terms have the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 :
"approved conservation advice"
"Australian aircraft"
"Australian IUCN reserve management principles"
"Australian vessel"
"biodiversity"
"bioregional plan"
"cetacean"
"critical habitat"
"ecological community"
"ecosystem"
"environment"
"heritage value"
"IUCN category"
"key threatening process"
"listed marine species"
"listed migratory species"
"listed threatened ecological community"
"listed threatened species"
"recovery plan"
"species"
"threat abatement plan"
"wildlife conservation plan"
"World Heritage Convention"
"world heritage values"
(2) In this Act, a reference to the sea - bed includes a reference to the surface of any coral formation, and a reference to the sub - soil includes a reference to the coral beneath the surface of any such formation.
(4) A reference in this Act (other than in this subsection) to an offence against a provision of this Act includes a reference to an offence against:
(a) section 6 of the Crimes Act 1914 ; or
(b) section 11.1, 11.4 or 11.5 of the Criminal Code ;
that relates to an offence against a provision of this Act.
(5) Subject to subsection (6), a vessel navigates without a pilot if it does not have a pilot on board navigating it.
(6) If:
(a) apart from this subsection, a vessel navigates without a pilot; and
(b) the vessel is being towed by another vessel that is navigating with a pilot;
the vessel under tow is to be treated as if it were navigating with a pilot.
(7) Subject to subsection (8), the overall length of a vessel is 110% of the length as shown on the vessel's load - line certification.
(8) If the overall length of a vessel cannot be worked out under subsection (7), the length is taken to be the distance between:
(a) a vertical line passing through a point that is the foremost part of the stem; and
(b) a vertical line passing through a point that is the aftermost part of the stern.
(9) Subject to subsection (10), owner , in relation to a vessel, means the person or each of the persons who are registered as owner of the vessel on the registration certificate granted:
(a) by the Registrar of Ships under section 19 of the Shipping Registration Act 1981 ; or
(aa) under a law of a State or Territory; or
(b) by a foreign registrar of ships.
(10) If the owner of a vessel does not operate the vessel, a reference in this Act to the owner of the vessel includes a reference to a person who is a party to an agreement with the owner under which the person, or the person and the owner, may determine the activities for which the vessel is used.