Queensland Consolidated Acts Queensland Consolidated Actsaircraft does not include a hovercraft.
approved form, means a form approved under section 149.
authorised person means any of the following persons—
(a) the Minister;
(b) the chief executive;
(c) an inspector;
(d) a public service officer or other employee of the department acting under the chief executive's authority.
authority means—
(a) a permission, licence or other authority issued under this Act; or
(b) a corresponding authority.
biodiversity means the natural diversity of living organisms, together with the environmental conditions and processes necessary for their survival, and includes each of the following—
(a) regional diversity, that is, the diversity of biotic and environmental components of a region, and the functional relationships that affect environmental conditions within ecosystems;
(b) ecosystem diversity, that is, the diversity of the different types of communities formed by living organisms and the relations between them;
(c) species diversity, that is, the diversity of species;
(d) genetic diversity, that is, the diversity of genes within each species.
boat includes a ship, submersible boat, raft or pontoon but does not include a hovercraft or personal water craft.
certificate of satisfactory completion, for a reclamation, means a certificate mentioned in section 18.
code of practice means a code of practice approved or made under section 141.
Commonwealth Act means the Great Barrier Reef Marine Park Act 1975 (Cwlth).
compliance notice see section 93(2).
conservation, of the marine environment, means the protection and maintenance of the environment while allowing for its ecologically sustainable use.
corresponding authority means a permit, licence or other authority—
(a) issued under another law of the State or a law of the Commonwealth or another State; and
(b) directly or indirectly authorising the entry to or use of a marine park; and
(c) either—
(i) required under a regulation or zoning plan for a particular purpose; or
Example—
A zoning plan may allow a person to enter or use a zone without a permission for carrying out a competition for motorised boats if the entry or use is carried out under an authority granted under the Transport Operations (Marine Safety) Act 1994.
(ii) accredited by the chief executive under a regulation as a corresponding authority for this Act.
court, for part 7, see section 110.
cultural resources means places or objects having anthropological, archaeological, historical, scientific, sociological, spiritual or visual significance or value, including significance or value of that kind under Aboriginal tradition or Island custom.
declared area, for a marine park, means—
(a) for a park declared under section 8(1)(a)—the area, other than a revoked area, declared under the section to be the park; or
(b) for a park declared under section 8(1)(b) by amalgamating existing parks—the combined area, other than a revoked area, of the areas declared under this Act or the repealed Act to be the parks; or
(c) for a park taken, under section 154, to be declared under this Act, the area, other than a revoked area—
(i) declared under the repealed Act to be the park; or
(ii) otherwise established under the repealed Act as the park.
designated area means—
(a) an area established, by a regulation or zoning plan, for special management; or
(b) a designated area established under a zoning plan mentioned in section 155.
ecologically sustainable use, for a marine environment, means using, conserving and enhancing the environment's natural and cultural resources so that ecological processes on which life depends are maintained, and the total quality of life, both now and in the future, can be improved, having regard to—
(a) the guiding principles of the National Strategy for Ecologically Sustainable Development; and
(b) the need to—
(i) protect biological diversity, ecological processes and life-support systems; and
(ii) enhance individual and community wellbeing through economic development that safeguards the wellbeing of future generations; and
(iii) provide equity within and between generations.
environment includes each of the following—
(a) ecosystems and their constituent parts;
(b) all natural resources;
(c) the qualities and characteristics of locations, places and areas, however large or small, that contribute to their—
(i) biodiversity and ecological integrity; or
(ii) intrinsic or attributed aesthetic, cultural, ecological, economic, recreational, social, scientific value or interest or amenity.
environment conservation legislation means another Act, or a law of the Commonwealth or another State, involving conservation of the marine environment.
Examples—
Coastal Protection and Management Act 1995
Environment Protection and Biodiversity Conservation Act 1999 (Cwlth)
Fisheries Act 1994
Great Barrier Reef Marine Park Act 1975 (Cwlth)
Sustainable Planning Act 2009
Nature Conservation Act 1992
Torres Strait Fisheries Act 1984 (Cwlth)
Transport Operations (Marine Pollution) Act 1995
executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation's management, whether the person is a director or the person's position is given the name of executive officer.
external review, for a decision, means a review of the decision by QCAT under the QCAT Act.
fee includes tax.
highly protected area means—
(a) a zone classified as a conservation park zone, marine national park zone or preservation zone; or
(b) another area prescribed under a regulation or zoning plan as a highly protected area.
impacts, for sections 99, 107, 108 and 114, means impacts on a marine park's environment or use and non-use values.
inspector—
(a) means a person appointed as an inspector under section 52; or
(b) for part 5, division 3—see section 85; or
(c) for part 6—see section 94.
internal review decision see section 119(1)(b).
management plan, for a marine park, means a management plan in force for the park under this Act.
marine park means a marine park declared, or taken to be declared, under this Act.
name, for a marine park, zone or designated area, includes a number or other identifying designation.
National Strategy for Ecologically Sustainable Development means the National Strategy for Ecologically Sustainable Development endorsed by the Council of Australian Governments on 7 December 1992.
natural resources means the natural and physical features and processes of the environment, including living organisms, soil, water, minerals and air.
original decision see section 117(1).
permission means a permission issued under this Act.
person, for part 7, see section 110.
personal water craft means a power driven device that—
(a) has a fully enclosed hull that is designed to not take on water if capsized; and
(b) is designed to be operated by a person standing, crouching or kneeling on it or sitting astride it.
person in control, of a vessel, vehicle or aircraft, includes the person in command, or who apparently is in command or control of, the vessel, vehicle or aircraft.
person responsible, for part 6, see section 94.
place includes a vessel, vehicle or aircraft.
precautionary principle means if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.
property, for part 6, see section 94.
public notice means a notice published in a newspaper circulating throughout the State.
reasonable diligence, in relation to the defence provided under sections 135, 136 and 137, includes the taking of reasonable precautions, including, for example, the issuing of appropriate instructions.
reasonably believes means believes on grounds that are reasonable in the circumstances.
reasonably considers means considers on grounds that are reasonable in the circumstances.
reasonably suspect means suspect on grounds that are reasonable in the circumstances.
reclaimed part, of a marine park, means the part of the park comprising land or waters resulting from reclamation of tidal land.
reclamation, of tidal land, means raising the land above high-water mark, whether gradually and imperceptibly or otherwise, by carrying out works, including dredging and the depositing of solid material.
removal notice see sections 101(1) and 104(1).
repealed Act means the repealed Marine Parks Act 1982, as in force immediately before its repeal.
revoked area, for a marine park, means an area for which its declaration as a marine park has been revoked under this Act or the repealed Act.
section 15 permission means a permission issued under section 15.
take, a natural or cultural resource, means—
(a) remove, gather, catch, capture, kill, destroy, dredge for, raise, carry away, bring ashore, land from a vessel or otherwise remove the resource from a natural environment; or
(b) attempt to do an act mentioned in paragraph (a).
temporary restricted area declaration means a declaration made and in force under part 6, division 2.
tidal land means land that is submerged at any time by tidal waters.
tidal waters means waters that are subject to tidal influence.
use and non-use values, of a marine park, include value derived from each of the following—
(a) taking, using, visiting or viewing the park's natural or cultural resources;
(b) the ecological functions and processes of the park's environment;
(c) the park's potential future use or benefit, including, for example, its use for biodiscovery;
(d) the mere existence of the park's natural and cultural resources;
(e) the use or non-use of the park's natural and cultural resources by future generations.
vessel means a barge, boat, ferry, hovercraft, personal water craft, water taxi or other thing capable of carrying people or goods through water, but does not include an aircraft.
wilfully means—
(a) intentionally; or
(b) recklessly; or
(c) with gross negligence.
zone means a zone established for a marine park by a zoning plan.
zoning plan, for a marine park, means a zoning plan in force for the park under this Act.