Commonwealth Numbered Regulations - Explanatory Statements

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GREAT BARRIER REEF MARINE PARK AMENDMENT REGULATIONS 2003 (NO. 3) 2003 NO. 293

Subsection 66(1) of the Great Barrier Reef Marine Park Act 1975 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act nor with a zoning plan, prescribing all matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Paragraph 66(2)(e) of the Act provides that regulations may be made regulating or prohibiting acts (whether in the Marine Park or elsewhere) that may pollute water in a manner harmful to animals or plants in the Marine Park.

The purpose of the Regulations is to postpone the implementation of amended defences to a prosecution for the intentional or negligent discharge of sewage in the Marine Park.

Regulation 45A of the Great Barrier Reef Marine Park Regulations 1983 ("the Principal Regulations") provides that it is an offence for a person to intentionally or negligently discharge sewage in the Marine Park. Paragraph 45A(2)(a) provides defences to a prosecution where the discharge is from a vessel or aircraft:

(i)       that does not contain a storage tank designed for storing sewage; or

(ii)       that contains a storage tank designed for storing sewage, if the vessel or aircraft is more than 500 metres seawards from the seaward edge of the nearest reef; or

(iii)       if the discharge was for the purpose of saving life at sea or securing the safety of the vessel or aircraft.

Paragraph 45A(2)(b) also provides an additional defence to a prosecution if the discharge of sewage occurred in a zone for which the zoning plan provides for the zone to be used or entered for that purpose.

On 15 October 2001, regulation 45A of the Principal Regulations was amended by the Great Barrier Reef Marine Park Amendment Regulations 2001 (No. 4), Statutory Rules 2001 No. 307 ("the amendment Regulations") to take effect on 1 January 2004. Pursuant to the amendment Regulations, the above defences will be repealed, and replaced with the following defences to a prosecution for the discharge of sewage in the Marine Park:

(i)       if the vessel is surveyed to carry up to 6 passengers; or

(ii)       if the vessel or aircraft is more than 1,000 metres seawards from the mean low water mark of an island or the mainland; or

(iii)       if the vessel or aircraft is more than 1,000 metres seawards of the seaward edge of the nearest reef; or

(iv)       if the sewage has received tertiary treatment prior to discharge; or

(v)       if the discharge is for the purpose of securing the safety of the vessel or aircraft, or for the purpose of saving life at sea.

The Regulations will postpone the implementation of the above defences to a prosecution for the discharge of sewage in the Marine Park until 1 January 2005.

This postponement is intended to facilitate the establishment of a complementary regime between the Great Barrier Reef Marine Park Authority (GBRMPA) and Queensland for the management of sewage in the Marine Park. Queensland has completed a legislative review and is processing amendments to the Transport Operations (Marine Pollution) Act 1995 (Qld). The implementation of the proposed amendments to the Queensland legislation is expected to commence in mid 2004 and at intervals thereafter. The final Queensland legislation, when gazetted, would enable the GBRMPA to progress complementary amendments to the Principal Regulations for consideration and implementation by 1 January 2005.

Details of the Regulations are set out in the Attachment.

The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.

The Regulations commence on gazettal.

Attachment

Great Barrier Reef Marine Park Amendment Regulations 2003 (No. 3)

Details of the Regulations are as follows:

Regulation 1 provides that the name of the Regulations is the Great Barrier Reef Marine Park Amendment Regulations 2003 (No. 3).

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3 provides that Schedule 1 amends the Great Barrier Reef Marine Park Amendment Regulations 2001 (No. 4).

Regulation 4 provides that Schedule 2 amends the Great Barrier Reef Marine Park Regulations 1983.

Schedule 1 - Amendments of the Great Barrier Reef Marine Park Amendment Regulations 2001 (No. 4)

Amendment 1 substitutes the reference to "1 January 2004" in paragraph 2(b) of the amendment Regulations with a reference to "1 January 2005".

Amendment 2 replaces the heading to Schedule 2 of the amendment Regulations with a new heading reflecting the revised commencement date of 1 January 2005. This amendment is required as a consequence of amendment 1.

Schedule 2 - Amendments of the Great Barrier Reef Marine Park Regulations 1983

Amendment 1 substitutes the reference to "1 January 2004" in the note 2 to subregulation 45A(2) of the Principal Regulations with a reference to "1 January 2005". This amendment is required as a consequence of amendment 1 of Schedule 1.

Amendment 2 substitutes the reference to "1 January 2004" in the note to subregulation 45A(3) of the Principal Regulations with a reference to "1 January 2005". This amendment is required as a consequence of amendment 1 of Schedule 1.