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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Great Barrier
Reef Marine Park Amendment Bill 2001
No.
, 2001
(Environment and
Heritage)
A Bill for an Act to amend the
Great Barrier Reef Marine Park Act 1975, and for related
purposes
ISBN: 0642 468265
Contents
Great Barrier Reef Marine Park Act
1975 3
A Bill for an Act to amend the Great Barrier Reef
Marine Park Act 1975, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Great Barrier Reef Marine Park Amendment
Act 2001.
This Act commences on the 28th day after the day on which it receives the
Royal Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
The amendment made by item 3 of Schedule 1 applies to the
following instruments (regardless of whether they were made before or after the
commencement of this section):
(a) regulations made under the Great Barrier Reef Marine Park Act
1975;
(b) a Proclamation made under that Act;
(c) a plan of management;
(d) a zoning plan;
(e) any other instrument made under that Act.
If this Act commences before the commencement of section 1 of the
Environment and Heritage Legislation Amendment (Application of Criminal Code)
Act 2001, then Chapter 2 of the Criminal Code applies to
offences against subsections 38A(2) and 38J(1) and (1B) and sections 38CA,
38CB, 38CC, 38M, 38MA, 38MB and 38MC of the Great Barrier Reef Marine Park
Act 1975.
Note: From the commencement of section 1 of the
Environment and Heritage Legislation Amendment (Application of Criminal Code)
Act 2001, Chapter 2 of the Criminal Code will apply to all
offences against the Great Barrier Reef Marine Park Act
1975.
Great Barrier Reef Marine
Park Act 1975
1 Subsection 3(1) (definition of compulsory
pilotage area)
Repeal the definition, substitute:
compulsory pilotage area means any part of the Great Barrier
Reef Region that is prescribed by the regulations.
2 Subsection 3(1) (definition of inner
route)
Repeal the definition.
3 After section 3A
Insert:
(1) Where it is necessary for the purposes of this Act to determine the
position on the surface of the Earth of a point, line or area that is specified
by reference to one or more geographic co-ordinates, then that position must be
determined, unless the contrary intention appears, by reference to the
Australian Geodetic Datum as defined in Gazette No. 84 of
6 October 1966.
(2) In this section:
geographic co-ordinate includes:
(a) a meridian of longitude by itself; and
(b) a parallel of latitude by itself.
this Act includes the following:
(a) the regulations;
(b) a Proclamation made under this Act;
(c) a plan of management;
(d) a zoning plan;
(e) any other instrument made under this Act.
4 At the end of
section 38A
Add:
(2) A person is guilty of an offence if the person uses or enters a zone
for a purpose other than a purpose that is permitted under the zoning plan that
relates to the zone.
Penalty: 60 penalty units.
(3) An offence under subsection (2) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
5 After section 38C
Insert:
(1) A person is guilty of an offence if:
(a) the person intentionally or negligently uses or enters a zone for the
purpose of fishing; and
(b) that fishing is not permitted under the zoning plan that relates to
the zone.
Penalty: 2,000 penalty units.
(2) In this section:
boat means launch, vessel or floating craft of any
description.
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) searching for, or taking, fish;
(b) attempting to search for, or take, fish;
(c) engaging in any other activities that can reasonably be expected to
result in the locating, or taking, of fish;
(d) placing, searching for or recovering fish aggregating devices or
associated electronic equipment such as radio beacons;
(e) any operations at sea directly in support of, or in preparation for,
any activity described in this definition;
(f) aircraft use relating to any activity described in this definition
except flights in emergencies involving the health or safety of crew members or
the safety of a boat;
(g) the processing, carrying or transhipping of fish that have been
taken.
processing, in relation to fish, includes the work of cutting
up, dismembering, cleaning, sorting, packing or freezing.
take, in relation to fish, means catch, capture, take or
harvest.
(1) A person is guilty of an offence if:
(a) under a zoning plan, a zone may be used or entered for the purpose of
fishing only with the permission of:
(i) the responsible agency within the meaning of the plan; or
(ii) the Authority; and
(b) the person intentionally or negligently uses or enters that zone for
the purpose of such fishing; and
(c) the use or entry is not authorised by a permission granted or
transferred to the person under the regulations, being a permission of a kind
declared by the regulations to be a permission to which this section applies;
and
(d) the use or entry is not authorised by an authority given to the person
in accordance with a condition to which such a permission is subject.
Penalty: 2,000 penalty units.
(2) Strict liability applies to paragraph (1)(a).
Note: For strict liability, see section 6.1 of the
Criminal Code.
(3) In this section:
fishing has the same meaning as in
section 38CA.
(1) A person is guilty of an offence if:
(a) a permission or authority referred to in section 38CB is subject
to a condition; and
(b) the condition applies to the person; and
(c) the person engages in conduct; and
(d) the conduct contravenes the condition.
Penalty: 2,000 penalty units.
(2) The fault element for paragraph (1)(d) is negligence.
Note: Section 5.5 of the Criminal Code defines
negligence.
(3) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
6 Subsection 38J(1)
Repeal the subsection, substitute:
(1) A person is guilty of an offence if:
(a) the person intentionally or negligently discharges waste in the Marine
Park; and
(b) the discharge is not authorised by a permission that:
(i) is granted or transferred to the person under the regulations;
and
(ii) is of a kind declared by the regulations to be a permission to which
this section applies.
Penalty: 2,000 penalty units.
(1A) Subsection (1) does not apply if the discharge is
sewage.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (1A) (see subsection 13.3(3) of the Criminal
Code).
(1B) A person is guilty of an offence if:
(a) the person discharges waste in the Marine Park; and
(b) the discharge is not authorised by a permission that:
(i) is granted or transferred to the person under the regulations;
and
(ii) is of a kind declared by the regulations to be a permission to which
this section applies.
Penalty: 500 penalty units.
(1C) An offence under subsection (1B) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
(1D) Subsection (1B) does not apply if the discharge is
sewage.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (1D) (see subsection 13.3(3) of the Criminal
Code).
7 Paragraphs 38J(5)(c) and
(d)
Repeal the paragraphs.
8 Subsection 38J(6)
Repeal the subsection.
9 After section 38L
Insert:
Operators
(1) A person is guilty of an offence if:
(a) the person operates a ship; and
(b) the ship is in a zone that it is not permitted to be in under the
zoning plan that relates to the zone and the person is negligent as to that
fact.
Penalty: 2,000 penalty units.
Owners and operators
(2) If:
(a) a ship is operated in a zone; and
(b) under the zoning plan that relates to the zone, that ship is not
permitted in the zone;
the operator and the owner of the ship are each guilty of an offence
punishable on conviction by a fine of not more than 500 penalty units.
(3) An offence under subsection (2) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
Interpretation
(4) In this section:
ship has the same meaning as in the zoning plan
concerned.
Operators
(1) A person is guilty of an offence if:
(a) under a zoning plan, a ship is permitted to be in a zone only with the
permission of:
(i) the responsible agency within the meaning of the plan; or
(ii) the Authority; and
(b) the person operates such a ship; and
(c) the ship is in that zone and the person is negligent as to that fact;
and
(d) the ship being in that zone is not authorised by a permission granted
or transferred to the person under the regulations, being a permission of a kind
declared by the regulations to be a permission to which this section applies;
and
(e) the ship being in that zone is not authorised by an authority given to
the person in accordance with a condition to which such a permission is
subject.
Penalty: 2,000 penalty units.
(2) Strict liability applies to paragraph (1)(a).
Note: For strict liability, see section 6.1 of the
Criminal Code.
Owners and operators
(3) If:
(a) under a zoning plan, a ship is permitted to be in a zone only with the
permission of:
(i) the responsible agency within the meaning of the plan; or
(ii) the Authority; and
(b) such a ship is operated in that zone; and
(c) the ship being in that zone is not authorised by a permission granted
or transferred to any person under the regulations, being a permission of a kind
declared by the regulations to be a permission to which this section applies;
and
(d) the ship being in that zone is not authorised by an authority given to
any person in accordance with a condition to which such a permission is
subject;
the operator and the owner of the ship are each guilty of an offence
punishable on conviction by a fine of not more than 500 penalty units.
(4) An offence under subsection (3) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
Interpretation
(5) In this section:
ship has the same meaning as in the zoning plan
concerned.
(1) A person is guilty of an offence if:
(a) a permission or authority referred to in section 38MA is subject
to a condition; and
(b) the condition applies to the person; and
(c) the person engages in conduct; and
(d) the conduct contravenes the condition.
Penalty: 2,000 penalty units.
(2) The fault element for paragraph (1)(d) is negligence.
Note: Section 5.5 of the Criminal Code defines
negligence.
(3) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
Operators
(1) A person is guilty of an offence if:
(a) the person operates a vessel; and
(b) the vessel is in the Marine Park and the person is negligent as to
that fact; and
(c) that operation results in, or is likely to result in, damage to the
Marine Park and the person is negligent as to that fact.
Penalty: 2,000 penalty units.
(2) If a vessel is operated in the Marine Park and that operation results
in, or is likely to result in, damage to the Marine Park, the operator and the
owner of the vessel are each guilty of an offence punishable on conviction by a
fine of not more than 500 penalty units.
(3) An offence under subsection (2) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the
Criminal Code.
10 Subsections 38N(1) and
(2)
Omit “38L”, substitute “38MC”.
11 Subsection 38N(7)
Omit “38L”, substitute “38MC”.
12 After subsection 66(3)
Insert:
(4) A regulation is taken not to be inconsistent with a zoning plan merely
because it:
(a) further regulates an activity that is allowed or permitted by the
zoning plan; or
(b) prohibits an activity that is otherwise allowed or permitted by the
zoning plan.
(4A) Nothing in subsection (4) allows a regulation to allow or permit
an activity that is otherwise prohibited by the zoning plan concerned.
13 Schedule 2
Repeal the Schedule.