Commonwealth Consolidated Acts Commonwealth Consolidated ActsGreat Barrier Reef Marine Park Act 1975
1 After section 35D
Insert:
(1) A zoning plan may provide in relation to a matter by providing that the regulations, or any other legislative instrument, provide in relation to that matter.
(2) To avoid doubt, a reference to a zoning plan in this Part (except subsections 32B(2) and 35A(1)) does not include a reference to regulations, or another legislative instrument, covered by subsection ( 1) of this section.
2 After section 39ZF
Insert:
39ZFA Power of plans of management
(1) A plan of management may provide in relation to a matter by providing that the regulations, or any other legislative instrument, provide in relation to that matter.
(2) To avoid doubt, a reference to a plan of management in this Part (except section 39W) does not include a reference to regulations, or another legislative instrument, covered by subsection ( 1) of this section.
3 Subsection 66(1)
After "a zoning plan", insert "(disregarding regulations made for the purposes of subsection 35DA(1))".
4 At the end of subsection 66(1)
Add:
Note: The regulations may provide for a matter that a zoning plan or plan of management may otherwise provide for (see sections 35DA and 39ZFA. See also subsections ( 4) and (4A) of this section).
5 After paragraph 66(2)(ba)
Insert:
(bb) providing that zoning plans or plans of management may provide in relation to a matter in relation to which the regulations may provide;
Part 2 -- Application and transitional provisions
6 Definitions
In this Part:
affected order means:
(a) either:
(i) an order purportedly made, before the commencement of this Part, in relation to any pre - commencement GBRMPA instrument; or
(ii) an order purportedly made, before the commencement of this Part, on appeal from, or review of, an order referred to in subparagraph ( i); or
(b) if, before the commencement of this Part, a court or Registrar purported to vary, revoke, set aside, revive or suspend an order referred to in paragraph ( a)--an order in the form in which, and to the extent to which, it purports or purported to have effect from time to time.
pre - commencement GBRMPA instrument means any of the following instruments as in force under the Great Barrier Reef Marine Park Act 1975 at any time before the commencement of this Part:
(a) any zoning plan;
(b) any plan of management;
(c) any regulations.
7 Application of amendments
The amendments of the Great Barrier Reef Marine Park Act 1975 made by Part 1 of this Schedule apply in relation to:
(a) any zoning plan; and
(b) any plan or management; and
(c) any regulations;
made under that Act, whether before or after the commencement of this Part.
8 Instruments made before commencement etc.
(1) A pre - commencement GBRMPA instrument is, and is taken to always have been, as valid as the instrument would have been if the instrument had been made under the Great Barrier Reef Marine Park Act 1975 as amended by Part 1 of this Schedule.
(2) Any thing done before the commencement of this Part under a pre - commencement GBRMPA instrument is, and is taken always to have been, as valid as it would have been if the instrument had been valid.
9 Rights and liabilities of persons
(1) Subject to subitems ( 3) and (4), the rights and liabilities of all persons are, by force of this item, declared to be, and always to have been, the same as if each pre - commencement GBRMPA instrument had always been valid.
(2) Without limiting the effect of subitem ( 1):
(a) all persons are, by force of this item, declared to be, and always to have been, entitled to act on the basis that other persons had, and have, the rights and liabilities as declared by subitem ( 1); and
(b) a right or liability that a person is declared by subitem ( 1) to have, or to have had:
(i) is exercisable or enforceable; and
(ii) is to be regarded as always having been exercisable or enforceable;
as if each pre - commencement GBRMPA instrument had always been valid; and
(c) the rights and liabilities that a person is declared by subitem ( 1) to have, or to have had, include any right the person would have or have had to appeal, or to seek review of, an affected order, if each pre - commencement GBRMPA instrument had always been valid.
Effect on proceedings
(3) This item does not affect rights or liabilities of parties to proceedings for which leave to appeal to the High Court has been given on or before the day this Part c ommences, to the extent that the fact a pre - commencement GBRMPA instrument was not valid is in issue in the proceedings.
(4) Nothing in this item is intended to affect the jurisdiction of the High Court under section 75 of the Constitution.
10 Compensation for acquisition of property
(1) If the operation of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in any of the following courts for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines:
(a) the Federal Court of Australia;
(b) the Federal Circuit and Family Court of Australia (Division 2);
(c) a court of a State or Territory that has jurisdiction in relation to matters arising under the Great Barrier Reef Marine Park Act 1975 .
11 Evidence
The court record, or a copy of the court record, of an affected order may be adduced in evidence to show the existence, nature and extent of an order - based right or liability.
12 Part does not apply to certain orders
Nothing in this Part applies to an order declared or held to be invalid, or to have been made without power, by a court before the commencement of this Part.