Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004

1Short title

(1)This zoning plan may be cited as the Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004 .

(2)This zoning plan may also be cited as the Great Barrier Reef Coast Marine Park Zoning Plan.

s 1 sub 2006 SL No. 224 s 4

2Application

This plan applies to the GBR Coast Marine Park.

3Interpretation of terms generally

(1)The dictionary in schedule 11 defines particular terms used in this plan.

(2)Subject to subsection (1), and unless this plan provides otherwise, words used in this plan have the same meaning they have in the Commonwealth Zoning Plan.

(3)However, for applying the Commonwealth Zoning Plan under subsection (2)—

(a)a reference to the Marine Park is taken to be a reference to the GBR Coast Marine Park; and

(b)a reference to the Great Barrier Reef Region is taken to be a reference to the GBR Coast Marine Park; and

(c)a reference to the Authority is taken to be a reference to the chief executive; and

(d)a reference to a permission is taken to be a reference to a permission granted under the Regulation, part 3; and

(e)a reference to being accredited by the Authority in accordance with the Regulations is taken to be a reference to being accredited by the chief executive under the Regulation or this plan; and

(f)a reference to an accredited educational or research institution is taken to be a reference to an educational or research institution accredited by the chief executive under the Regulation.

s 3 amd 2006 SL No. 224 s 5

4Applying Commonwealth purposes to marine park

(1)This section applies if a provision of this plan—

(a)states that a person may enter or use an area within a zone or designated area without permission for a permitted purpose for the zone or designated area; or

(b)provides that the chief executive may grant a permission to a person to enter or use an area within a zone or designated area for a permissible purpose for the zone or designated area.

(2)For applying a provision of the Commonwealth Zoning Plan relating to the permitted or permissible purpose—

(a)a reference to the Marine Park is taken to be a reference to the GBR Coast Marine Park; and

(b)a reference to a zone of a particular class is taken to be a reference to a zone of the same class within the GBR Coast Marine Park; and

(c)a reference to a designated area of a particular type is taken to be a reference to a designated area of the same type within the GBR Coast Marine Park; and

(d)a reference to the Authority is taken to be a reference to the chief executive; and

(e)a reference to a permission is taken to be a reference to a permission granted under the Regulation, part 3; and

(f)words are taken to have the same meaning they have in the Commonwealth Zoning Plan subject to applying the Commonwealth Zoning Plan in the way mentioned in section 3 (3); and

(g)a reference to an objective for a Commonwealth zone is taken to be a reference to the object to be achieved, under this plan for the zone of the same class within the GBR Coast Marine Park; and

(h)a reference to an accredited activity, agreement, entity or other thing is taken to be a reference to an activity, agreement, entity or other thing of the same type accredited by the chief executive under the Regulation or this plan; and

(i)a reference to the requirements prescribed in the Regulations relating to the operation of a traditional use of marine resources agreement is taken to be a reference to the requirements stated in this plan relating to the operation of traditional use of marine resources agreements; and

(j)a reference to a plan of management is taken to be a reference to—

(i)a plan prepared under the Commonwealth Act, section 39ZD; or

(ii)a management plan approved under part 3, division 2 of the Act.

s 4 amd 2006 SL No. 224 s 6; 2016 SL No. 12 s 3

5References to H.A.T., high water etc.

(1)A reference in this plan to the mainland, an island or another natural feature at H.A.T., high water, L.A.T., or low water is a reference to the line that represents H.A.T., high water, L.A.T., or low water adjacent to the mainland, the island or the natural feature.

Examples of natural features—

bay, creek, inlet, river, rock

(2)A reference to the bank of a creek, inlet or river is a reference to the line that—

(a)runs along the outer limit of the defined channel of the creek, inlet or river; and

(b)follows the upper limit of the land in the channel that is covered by the waters of the creek, inlet or river—

(i)for a reference to the bank at H.A.T.—at H.A.T.; or

(ii)for a reference to the bank at high water—at high water; or

(iii)for a reference to the bank at L.A.T.—at L.A.T.; or

(iv)for a reference to the bank at low water—at low water.

(3)In this section—

the mainland includes a part of the mainland.

6References to relevant mangrove line

(1)This section applies if schedule 2, 3, 4, 5 or 6 states that a boundary of an area runs along the relevant mangrove line.

(2)The relevant mangrove line is the mangrove line for the mangrove forest that is between—

(a)the point at which the boundary of the area starts to run along the mangrove line; and

(b)the point at which the boundary of the area stops running along the mangrove line.

(3)For subsection (2), the mangrove forest is taken to be a continuous forest between the 2 points mentioned in the subsection even if there is a gap in the forest.

6AReferences to particular bodies of water

A reference to a bay, creek, harbour, river or similar body of water in schedule 2, 3, 4, 5, 6 or 7 is a reference to all the tidal waters and tidal land in the bay, creek, harbour, river or body of water that is within the marine park, and includes the tidal land and tidal waters of a tributary of the bay, creek, harbour, river or body of water.

s 6A ins 2006 SL No. 224 s 7

7Purpose of div 3

This division states the method for working out an area within a zone or a designated area of the marine park that must be worked out by extending a Commonwealth area that is at the State at low water to the landward boundary of the marine park.

8Rule for working out areas extending Commonwealth areas to the mainland

(1)This section applies to an area that is to be worked out by extending a Commonwealth area that is at the mainland at low water to the landward boundary of the marine park.

(2)The area must be worked out by extending, in the way mentioned in section 10, the relevant boundaries of the Commonwealth area from the landward boundary of the area to the landward boundary of the marine park.

9Rules for working out areas extending Commonwealth areas to an island

(1)This section applies to an area that is to be worked out by extending a Commonwealth area that is at an island at low water to the landward boundary of the marine park.

(2)If the whole of the island at low water adjoins the same Commonwealth area, the area must be worked out by extending the landward boundary of the Commonwealth area to the landward boundary of the marine park.

(3)If the island at low water adjoins 2 or more Commonwealth areas, the areas adjoining the island must be worked out by extending, in the way mentioned in section 10, the relevant boundaries of the Commonwealth areas from the landward boundary of the areas to the landward boundary of the marine park.

10How relevant boundaries are to be extended

(1)This section states the way a relevant boundary of a Commonwealth area must be extended to the landward boundary of the marine park under section 8 or section 9 (3).

(2)If the relevant boundary is a headland boundary, the relevant boundary must be extended to the landward boundary of the marine park by joining, in a straight line, the intersection point for the relevant boundary to the closest point on the landward boundary of the marine park.

(3)If the relevant boundary is not a headland boundary, the relevant boundary must be extended to the landward boundary of the marine park in a straight line at the angle at which the relevant boundary meets the landward boundary of the area.

(4)In this section—

headland boundary means a relevant boundary of a Commonwealth area that—

(a)meets the landward boundary of the Commonwealth area at or near a headland; and

(b)will not, if it is extended in a straight line at the angle at which the relevant boundary meets the landward boundary, meet the landward boundary of the marine park on the headland.

Example for definition headland boundary—

The eastern relevant boundary of the Commonwealth area that adjoins Nara Inlet at low water is a headland boundary because—

(a)the relevant boundary meets the landward boundary of the Commonwealth area immediately south of a headland on the eastern side of the entrance to Nara Inlet; and

(b)if the relevant boundary is extended in a straight line at the angle at which the relevant boundary meets the landward boundary of the Commonwealth area, the relevant boundary will not meet the landward boundary of the marine park on the headland on the eastern side of the entrance to Nara Inlet.

intersection point, for a relevant boundary of a Commonwealth area, means the point where the relevant boundary meets the landward boundary of the area.

11Area that is within the zone or designated area worked out under this division

(1)This section states the area that is within the zone or designated area of the marine park worked out under section 8 or 9.

(2)The area that is within the zone or designated area is—

(a)for an area worked out under section 8 or section 9 (3)—the area that is formed by the following lines—

(i)the line that runs along the landward boundary of the Commonwealth area;

(ii)the lines that extend the relevant boundaries of the relevant Commonwealth area to the landward boundary of the marine park;

(iii)the line that runs along the landward boundary of the marine park; or

(b)for an area worked out under section 9 (2)—the area that is between the landward boundary of the Commonwealth area and the landward boundary of the marine park.

12Working out lines by reference to 2 points

(1)This section states the method for working out a line mentioned in this plan if the line must be worked out by reference to 2 points.

(2)If both points are on the landward boundary of the marine park (each a boundary point), the line is the line that runs along a geodesic between the 2 boundary points.

(3)If 1 point is on the landward boundary of the marine park (the boundary point) and the other point is either landward or seaward of the landward boundary of the marine park (the non-boundary point), the line is the line that runs along a geodesic between the following points—

(a)the boundary point;

(b)the point where the geodesic that passes through the boundary point and the non-boundary point intersects the landward boundary of the marine park.

(4)If 1 point is landward of the landward boundary of the marine park (the starting point) and the other point is either landward or seaward of the landward boundary of the marine park (the ending point), the line is the line that runs along a geodesic between the following points—

(a)the point where the geodesic that passes through the starting point and ending point intersects the landward boundary of the marine park near the starting point;

(b)the point where the geodesic that passes through the starting point and ending point intersects the landward boundary near the ending point.

(5)If both points are seaward of the landward boundary of the marine park (each a seaward point), the line is the line that runs along a geodesic between the following points—

(a)the point where the geodesic that passes through the 2 seaward points intersects the landward boundary of the marine park near 1 of the seaward points;

(b)the point where the geodesic that passes through the 2 points intersects the landward boundary of the marine park near the other seaward point.

13References to latitudes and longitudes

The latitudes and longitudes used to describe an area mentioned in this plan are worked out using the Geocentric Datum of Australia 1994, commonly called ‘GDA94’, notified in the Commonwealth Government Gazette No. GN 35 on 6 September 1995, at page 3369.

14Significance of particular sequences of letters or numbers

(1)The sequence of letters and numbers starting with the letters ‘QI’ and preceding a name of an area described in schedule 2, 3, 4, 5, 6 or 7 is the unique identifier given under this plan to identify the area.

(2)The bracketed sequence of letters or numbers, or letters and numbers, that follows a reference to a cay, island, reef or rock mentioned in this plan is included to provide additional information for identifying the cay, island, reef or rock.

15Relationship between pt 2 and pts 3 and 4

This part is subject to parts 3 and 4.

16Zones generally

(1)The marine park consists of the following zones—

(a)general use zone;

(b)habitat protection zone;

(c)estuarine conservation zone;

(d)conservation park zone;

(e)buffer zone;

(f)scientific research zone;

(g)marine national park zone;

(h)preservation zone.

(2)The areas of the marine park that are within each zone are described in schedule 1.

(3)Maps showing the approximate locations of the zones may be inspected at the department’s offices during office hours on business days.

(4)The classes of zones mentioned in subsection (1) are listed in ascending order of the level of protection given to them under this plan.

17Applicable zone for part of marine park within 2 or more zones

(1)This section applies if, having regard to schedule 1, any part of the marine park falls within 2 or more zones.

(2)The part is taken to fall within the zone that is given the highest level of protection under this plan.

17AObjects for zones

The objects to be achieved for each zone mentioned in section 16 (1) are stated in the Regulation, schedule 1.

s 17A ins 2006 SL No. 224 s 8

19Entry or use without permission

A person may enter or use an area within the general use zone without permission for the following purposes—

(a)a purpose for which the Commonwealth general use zone may be used or entered without permission of, or notification to, the Marine Park Authority;

Note—

See the Commonwealth Zoning Plan, sections 2.2.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation, regulation 69 (Entry to zones for purpose of taking certain protected species).

(b)bait gathering;

(c)oyster gathering.

s 19 amd 2005 SL No. 12 s 3

20Entry or use with permission

(1)The chief executive may grant a permission to a person for an area within the general use zone only for a relevant purpose.

(2)In this section—

relevant purpose means each of the following—

(a)a purpose for which the Commonwealth general use zone may be used or entered with written permission of the Marine Park Authority;

Note—

See the Commonwealth Zoning Plan, section 2.2.4 (Use or entry with permission) and the Commonwealth Regulation, regulation 37 (General Use Zone—activities).

(b)for an area that is within the prescribed exploration area—

(i)exploration of, or mining for, minerals by a holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining; or

(ii)exploration or extraction of petroleum by a holder of a lease, licence, permit or other authority under the Petroleum Act 1923 that authorises the exploration or extraction.

22Entry or use without permission

(1)A person may enter or use an area within the habitat protection zone without permission for the following purposes—

(a)a purpose for which the Commonwealth habitat protection zone may be used or entered without permission of, or notification to, the Marine Park Authority;

Note—

See the Commonwealth Zoning Plan, section 2.3.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation, regulation 69 (Entry to zones for purpose of taking certain protected species).

(b)bait gathering;

(c)oyster gathering.

(2)Also, the holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 may enter or use The Narrows, without permission, for exploration of, or mining for, minerals if—

(a)the exploration or mining is authorised under the lease, licence, permit or authority; and

(b)the holder complies with any directions given by the chief executive in relation to the entering or use.

(3)In this section—

The Narrows means the area within the Mackay/Capricorn Management area that is described in schedule 3, section 2.

s 22 amd 2005 SL No. 12 s 4

23Entry or use with permission

(1)The chief executive may grant a permission to a person for an area within the habitat protection zone only for a relevant purpose.

(2)In this section—

relevant purpose means each of the following—

(a)a purpose for which the Commonwealth habitat protection zone may be used or entered with written permission of the Marine Park Authority;

Note—

See the Commonwealth Zoning Plan, sections 2.3.4 (Use or entry with permission) and the Commonwealth Regulation, regulation 38 (Habitat Protection Zone—activities).

(b)for an area that is within the prescribed exploration area—

(i)exploration of, or mining for, minerals by a holder of a lease, licence, permit or other authority under the Mineral Resources Act 1989 that authorises the exploration or mining; or

(ii)exploration or extraction of petroleum by a holder of a lease, licence, permit or other authority under the Petroleum Act 1923 that authorises the exploration or extraction.

25Entry or use without permission

A person may enter or use an area within the estuarine conservation zone without permission for the following purposes—

(a)to carry out a low impact activity that does not involve the taking of a plant, animal or marine product in the area;

(b)to carry out any of the following fishing activities—

(i)bait gathering;

(ii)limited collecting;

(iii)limited spearfishing;

(iv)line fishing;

(v)netting, including bait netting;

(vi)oyster gathering;

(vii)taking a plant, animal or marine product under an accredited harvest fishery and in compliance with any requirements that apply to the taking under the Fisheries Act 1994 or the accreditation;

(viii)trapping;

(ix)trolling;

(c)a traditional use of marine resources that is carried out in a way that is consistent with an accredited traditional use of marine resources agreement, including, in particular, any conditions or requirements relating to the agreement;

(d)to carry out photography, filming or sound recording;

(e)to carry out limited impact research (extractive) or limited impact research (non-extractive);

(f)to conduct a limited educational program;

(g)to navigate a vessel or aircraft, other than a ship or a managed vessel or aircraft, if any equipment that is normally used for fishing or collecting is stowed or secured when the vessel or aircraft is in an area of the zone within which the use of the equipment is not authorised under the Act.

s 25 amd 2005 SL No. 12 s 5; 2006 SL No. 224 s 10

26Entry or use with permission

(1)The chief executive may grant a permission to a person for an area within the estuarine conservation zone only for a relevant purpose.

(2)In this section—

relevant purpose means each of the following—

(a)fishing for—

(i)taking a plant, animal or marine product under a harvest fishery other than an accredited harvest fishery; or

(ii)a developmental fishery program;

(b)collecting other than limited collecting;

(c)traditional use of marine resources other than a traditional use of marine resources mentioned in section 25 (c);

(d)operating a fishing industry service vessel;

(e)conducting a tourist program;

(f)research, other than limited impact research (extractive) or limited impact research (non-extractive);

(g)conducting an educational program, other than a limited educational program;

(h)conducting a vessel or aircraft charter operation;

(i)operating a vessel or aircraft in a particular area within the zone—

(i)for more than 14 consecutive days; or

(ii)for more than 30 days in any period of 60 days;

(j)navigating a ship or a managed vessel or aircraft;

(k)operating a facility for a purpose, other than a purpose mentioned in section 25, that is consistent with the objects stated in the Regulation, schedule 1, section 3, including, for example, the following—

(i)operating a facility for discharging waste;

(ii)operating a facility for the building, assembling, fixing in position, maintaining or demolishing of another facility;

(iii)operating a facility for constructing or operating mooring facilities for vessels;

(iv)operating a facility for a landing area or another facility for aircraft;

(l)carrying out works for a purpose that is consistent with the objects stated in the Regulation, schedule 1, section 3;

(m)a program for taking a plant or animal, other than a taking authorised under section 25 or part 4, that poses a threat to—

(i)human life or safety; or

(ii)marine ecosystems of the marine park; or

(iii)the use or amenity of an area within the marine park or an area adjacent to the marine park;

(n)any other purpose that is consistent with the objects stated in the Regulation, schedule 1, section 3, other than—

(i)a purpose mentioned in section 25; or

(ii)a purpose mentioned in the Commonwealth Regulation, regulation 38.

s 26 amd 2006 SL No. 224 s 11; 2007 SL No. 108 s 3

28Entry or use without permission

(1)A person may enter or use an area within the conservation park zone without permission for the following purposes—

(a)a purpose for which the Commonwealth conservation park zone may be used or entered without permission of, or notification to, the Marine Park Authority;

Note—

See the Commonwealth Zoning Plan, section 2.4.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation, regulation 69 (Entry to zones for purpose of taking certain protected species).

(b)oyster gathering.

(2)Also, a person may enter or use, without permission, a conservation park line fishing area for limited line fishing.

(3)However, a person who is a commercial fisher who enters or uses an area under subsection (1) (a) for the purpose of bait netting must not—

(a)take a relevant fish while bait netting; or

(b)possess a relevant fish taken in contravention of paragraph (a).

(4)For subsection (3) (a), a commercial fisher does not take a relevant fish while bait netting if—

(a)the fish is taken unintentionally; and

(b)the fisher does not allow the net containing the fish to be out of the water other than to immediately remove the fish from the net; and

(c)the fisher immediately releases the fish into water deep enough to allow the fish to escape.

(5)In this section—

conservation park line fishing area means an area within the conservation park zone that is mentioned and described in schedule 7.

limited line fishing means fishing using not more than 2 prescribed instruments.

possess, a relevant fish, means—

(a)to have custody or control of the fish; or

(b)to have an ability or right to readily obtain custody or control of the fish.

prescribed instrument means a hand held fishing rod or a handline that has—

(a)only 1 hook; and

(b)not more than 1 artificial fly; and

(c)not more than 1 lure.

relevant fish means a fish of any of the following species—

(a)bream of the genus Acanthopagrus or Rhabdosargus;

(b)flathead of the genus Platycephalus;

(c)whiting of the genus Sillago.

s 28 amd 2005 SL No. 12 s 6; 2011 SL No. 257 s 4

29Entry or use with permission

(1)The chief executive may grant a permission to a person for an area within the conservation park zone only for a relevant purpose.

(2)In this section—

relevant purpose means a purpose for which the Commonwealth conservation park zone may be used or entered with written permission of the Marine Park Authority.

Note—

See the Commonwealth Zoning Plan, section 2.4.4 (Use or entry with permission) and the Commonwealth Regulation, regulation 39 (Conservation Park Zone—activities).

31Entry or use without permission

A person may enter or use an area within the buffer zone without permission for a purpose for which the Commonwealth buffer zone may be used or entered without permission of, or notification to, the Marine Park Authority.

Note—

See the Commonwealth Zoning Plan, section 2.5.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation, regulation 69 (Entry to zones for purpose of taking certain protected species).

32Entry or use with permission

(1)The chief executive may grant a permission to a person for an area within the buffer zone only for a relevant purpose.

(2)In this section—

relevant purpose means a purpose for which the Commonwealth buffer zone may be used or entered with written permission of the Marine Park Authority.

Note—

See the Commonwealth Zoning Plan, section 2.5.4 (Use or entry with permission) and the Commonwealth Regulation, regulation 40 (Buffer Zone—activities).

34Entry or use without permission

A person may enter or use an area within the scientific research zone without permission for a purpose for which the Commonwealth scientific research zone may be used or entered without permission of, or notification to, the Marine Park Authority.

Note—

See the Commonwealth Zoning Plan, section 2.6.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation, regulation 69 (Entry to zones for purpose of taking certain protected species).

35Entry or use with permission

(1)The chief executive may grant a permission to a person for an area within the scientific research zone only for a relevant purpose.

(2)In this section—

relevant purpose means a purpose for which the Commonwealth scientific research zone may be used or entered with written permission of the Marine Park Authority.

Note—

See the Commonwealth Zoning Plan, section 2.6.4 (Use or entry with permission) and the Commonwealth Regulation, regulation 41 (Scientific Research Zone—activities).

37Entry or use without permission

A person may enter or use an area within the marine national park zone without permission for a purpose for which the Commonwealth marine national park zone may be used or entered without permission of, or notification to, the Marine Park Authority.

Note—

See the Commonwealth Zoning Plan, section 2.7.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation, regulation 69 (Entry to zones for purpose of taking certain protected species).

38Entry or use with permission

(1)The chief executive may grant a permission to a person for an area within the marine national park zone only for a relevant purpose.

(2)In this section—

relevant purpose means a purpose for which the Commonwealth marine national park zone may be used or entered with written permission of the Marine Park Authority.

Note—

See the Commonwealth Zoning Plan, section 2.7.4 (Use or entry with permission) and the Commonwealth Regulation, regulation 42 (Marine National Park Zone—activities).

40Entry or use without permission

(1)A person may enter or use an area within the preservation zone without permission for a purpose for which the Commonwealth preservation zone may be used or entered without permission of, or notification to, the Marine Park Authority, other than a prescribed navigation purpose.

Note—

See the Commonwealth Zoning Plan, section 2.8.3 (Use or entry without permission), 5.1 (Use or entry without permission or notification) and 5.3 (Entry to zones for purpose of taking protected species etc). See also, the Commonwealth Regulation, regulation 69 (Entry to zones for purpose of taking certain protected species).

(2)In this section—

prescribed navigation purpose means to navigate a vessel within the area or to access another area within the marine park.

41Entry or use with permission

(1)The chief executive may grant a permission to a person for an area within the preservation zone only for a relevant purpose.

(2)In this section—

relevant purpose means each of the following—

(a)a purpose for which the Commonwealth preservation zone may be used or entered with written permission of the Marine Park Authority;

Note—

See the Commonwealth Zoning Plan, section 2.8.4 (Use or entry with permission) and the Commonwealth Regulation, regulation 43 (Preservation Zone—activities).

(b)to navigate a vessel, other than a ship or a managed vessel or aircraft, within the area or to access another area within the marine park, if any equipment that is normally used for fishing or collecting is stowed or secured when the vessel is an area within the preservation zone.

42Relationship with pt 4

This part is subject to part 4.

43Areas set aside for special management

The following areas of the marine park are set aside for special management—

(a)remote natural areas;

(b)shipping areas;

(c)the Princess Charlotte Bay special management area;

(d)species conservation (dugong protection) special management areas;

(e)restricted access special management areas;

(f)public appreciation special management areas;

(g)no dories detached (marine national park zone) special management areas;

(h)one dory detached (conservation park zone) special management areas;

(i)one dory detached (buffer zone) special management areas;

(j)fisheries experimental areas;

(k)seasonal closure areas;

(l)the Michaelmas Cay restricted access area;

(m)commercial crab fishery areas.

44Remote natural areas

(1)An area of the marine park mentioned and described in schedule 8, part 1, is a remote natural area.

(2)A remote natural area may be the whole or part of 1 or more zones.

45Objectives

(1)The objectives for each remote natural area are—

(a)to ensure the area remains largely unaltered by works or facilities; and

(b)to provide opportunities for quiet appreciation and enjoyment of the area.

(2)The objectives mentioned in subsection (1) are in addition to the objectives for the zone within which the area or part of the area is located.

46Special management provision

(1)Despite part 2, a person may not enter or use, without permission, an area within a remote natural area for—

(a)a declared purpose; or

(b)an unauthorised purpose.

(2)However, the chief executive may grant a person a permission to enter or use an area within a remote natural area for a declared purpose.

(3)Despite part 2, the chief executive must not grant a permission to a person for an area within a remote natural area for an unauthorised purpose.

(4)In this section—

declared purpose means a purpose declared for the Commonwealth Zoning Plan, section 3.4.

unauthorised purpose means a purpose for which the Commonwealth remote natural area may not be used or entered.

Note—

See Commonwealth Zoning Plan, section 3.3 (Use or entry for certain purposes not authorised) and the Commonwealth Regulation, regulation 44 (Remote Natural Area—purposes for which the area may not be used or entered).

47Shipping areas

(1)An area of the marine park mentioned and described in schedule 8, part 2, is a shipping area.

(2)A shipping area may be the whole or part of 1 or more zones.

48Objective

The objective for each shipping area is to make provision for the navigation of ships within the area.

49Special management provision

Despite part 2 and division 2, a person may enter or use, without permission, a shipping area for a purpose for which a Commonwealth shipping area may be used or entered without permission.

Note—

See the Commonwealth Zoning Plan, section 4.1.3 (Shipping management provision). See also, the Commonwealth Zoning Plan, section 1.5(3) (Interpretation—general) for the conditions or limitations that may be prescribed under the Commonwealth Regulation.

50Princess Charlotte Bay special management area

(1)The area consisting of the areas of the marine park mentioned and described in schedule 8, part 3, is the Princess Charlotte Bay special management area.

(2)The Princess Charlotte Bay special management area is within the habitat protection zone.

51Objective

The objective for the Princess Charlotte Bay special management area is to restrict access to, or the use of, the area for the conservation of marine species.

52Special management provision

(1) Section 22 does not authorise a person to enter or use, without permission, the Princess Charlotte Bay special management area for netting, other than bait netting.

(2)However, the chief executive may grant a person a permission to enter or use the Princess Charlotte Bay special management area for netting, other than bait netting, if—

(a)the person holds a primary commercial fishing boat licence that authorises netting to be carried out in the prescribed PCB area; and

(b)netting was carried out, under the licence or a former licence for the licence, in the prescribed PCB area—

(i)at any time during the period starting on 1 January 1996 and ending on 31 December 1999; and

(ii)at any time in at least 3 years during the period starting on 1 January 1988 and ending on 31 December 1999; and

(c)at least 5 tonnes of catch were taken while the netting was carried out, under the licence, in the prescribed PCB area during the period starting on 1 January 1988 and ending on 31 December 1999.

(3)The chief executive may accept advice from the Marine Park Authority for working out whether the matters mentioned in subsection (2) (b) or (c) have happened.

53Application for permission must include particular information

An application, under the Regulation, part 3, for a permission for netting, other than bait netting, in an area within the Princess Charlotte Bay special management area must be accompanied by—

(a)a certificate, or a certified copy of a certificate, issued under the Fisheries Act 1994 , section 74, stating the applicant is the holder of a primary commercial fishing boat licence that authorises netting to be carried out in the prescribed PCB area; and

(b)a copy of each relevant return for the applicant, certified to be a true copy by the chief executive (fisheries), showing that the applicant has complied with the conditions stated in section 52 (2) (b) and (c).

s 53 amd 2006 SL No. 224 s 12

54Species conservation (dugong protection) special management areas

(1)An area of the marine park mentioned and described in schedule 8, part 4, is a species conservation (dugong protection) special management area.

(2)A species conservation (dugong protection) special management area may be the whole or part of 1 or more zones.

55Objective

The objective for each species conservation (dugong protection) special management area is to restrict the use of the area for the conservation of dugongs.

56Special management provision

(1)A person may enter or use an area within the species conservation (dugong protection) special management area to carry out netting, including bait netting, if—

(a)the person is permitted to enter or use the area to carry out the netting under part 2; and

(b)the person when carrying out the netting complies with the applicable provisions of the Fisheries Regulation, chapter 2, parts 11 and 12.

(2)However—

(a)no netting, other than bait netting within the meaning of the Commonwealth Regulation, may be carried out in the Commonwealth no netting area; and

(b)the use of a mesh net in the State restricted netting area must comply with the Commonwealth Regulation, regulation 47.

(3)In this section—

Commonwealth no netting area means the No netting (other than bait netting) area within Bowling Green Bay Species Conservation (Dugong Protection) Special Management Area as described in the Commonwealth Regulation, table 47.3.

Commonwealth restricted netting area means the Restricted netting area within Bowling Green Bay Species Conservation (Dugong Protection) Special Management Area as described in the Commonwealth Regulation, table 47.4.

State restricted netting area means—

(a)the Commonwealth restricted netting area; and

(a)the area of the marine park worked out by—

(i)extending the part of the area described in the Commonwealth Regulation, table 47.4 at the State at low water to the landward boundary of the marine park; and

(ii)excluding the area mentioned and described in schedule 2, section 19.

s 56 amd 2008 SL No. 83 s 733

sub 2016 SL No. 12 s 4

57Restricted access special management areas

(1)An area of the marine park mentioned and described in schedule 8, part 5, is a restricted access special management area.

(2)A restricted access special management area may be the whole or part of 1 or more zones.

58Objective

The objective for each restricted access area is to restrict access to, or the use of, the area for conservation purposes or for managing activities carried out in the area, including, for example, restrictions for the following—

(a)the conservation of wildlife;

(b)the conservation of cultural or natural resources;

(c)ensuring public safety;

(d)providing for restrictions consistent with any other Act.

59Special management provision—general

(1)This section is subject to sections 60 and 61.

(2)A provision of part 2 that authorises a person to enter or use an area of the marine park without permission does not apply to a restricted access special management area.

(3)However, the chief executive may grant a person a permission to enter or use an area of the marine park within a restricted access special management area for a purpose mentioned in a provision mentioned in subsection (2).

(4)A permission, other than a permission mentioned in subsection (3), granted by the chief executive to enter or use an area of the marine park that is within a restricted access special management area does not authorise the holder of the permission to enter the restricted access special management area.

(5)However, the holder may apply to the chief executive for an additional permission to enter the restricted access special management area.

60Special management provision—Australian Institute of Marine Science restricted access special management areas

(1)Despite section 59, the Australian Institute of Marine Science, or a person acting for the Institute, may enter or use the Australian Institute of Marine Science restricted access special management area for an activity—

(a)that is associated with the operation of the research facility that—

(i)is operated by the Institute for carrying out its functions under the Australian Institute of Marine Science Act 1972 (Cwlth); and

Note—

See the Australian Institute of Marine Science Act 1972 (Cwlth), section 9 (Functions of Institute).

(ii)is located adjacent to the area; and

(b)for which the Institute has permission or does not, under part 2, require permission.

(2)In this section—

Australian Institute of Marine Science means the institute continued in existence under the Australian Institute of Marine Science Act 1972 (Cwlth), section 7.

Australian Institute of Marine Science restricted access special management area means the area that is the combined area of the following—

(a)the area of the marine park within the Commonwealth Australian Institute of Marine Science restricted access special management area;

(b)the area of the marine park worked out by extending the part of the Commonwealth Australian Institute of Marine Science restricted access special management area at the State at low water to the landward boundary of the marine park.

Commonwealth Australian Institute of Marine Science restricted access special management area means the area described in the Commonwealth Zoning Plan, schedule 1, part 5, item 5.08.

Note—

Commonwealth Zoning Plan, schedule 1 (Amalgamated Great Barrier Reef Section—descriptions of Zones and Areas), part 5 (Scientific Research Zone), item 5.08 ([SR-19-2008] Australian Institute of Marine Science). See also, the Commonwealth Regulation, table 52 (Restricted Access SMAs), part 4 (Areas described by reference to the Zoning Plan).

61Special management provision—One Tree Island Reef restricted access special management areas

(1)Despite section 59, the University of Sydney, or a person acting for the University, may enter or use the One Tree Island Reef restricted access special management area for an activity—

(a)that is associated with the operation of the research facility that—

(i)is operated by the University for carrying out its object and functions under the University of Sydney Act 1989 (NSW); and

Note—

See the University of Sydney Act 1989 (NSW), section 6 (Object and functions of University).

(ii)is located at One Tree Island; and

(b)for which the University has permission or does not, under part 2, require permission.

(2)In this section—

Commonwealth One Tree Island Reef restricted access special management area means the area described in the Commonwealth Zoning Plan, schedule 1, part 5, item 5.10.

Note—

Commonwealth Zoning Plan, schedule 1 (Amalgamated Great Barrier Reef Section—descriptions of Zones and Areas), part 5 (Scientific Research Zone), item 5.10 ([SR-23-2010] One Tree Island Reef (23-055)). See also, the Commonwealth Regulation, table 52 (Restricted Access SMAs), part 4 (Areas described by reference to the Zoning Plan).

One Tree Island Reef restricted access special management area means the area that is the combined area of the following—

(a)the area of the marine park within the Commonwealth One Tree Island Reef restricted access special management area;

(b)the area of the marine park worked out by extending the part of the Commonwealth One Tree Island Reef restricted access special management area at the State at low water to the landward boundary of the marine park.

University of Sydney means the University of Sydney established under the University of Sydney Act 1989 (NSW), section 4.

62Public appreciation special management areas

(1)An area of the marine park mentioned and described in schedule 8, part 6, is a public appreciation special management area.

(2)A public appreciation special management area may be the whole or part of 1 or more zones.

63Objective

The objective for each public appreciation special management area is to restrict access to, or the use of, the area to provide opportunities for the appreciation of the areas by the public.

64Special management provision

(1)Despite part 2, a person may not enter or use, without permission, an area of a public appreciation special management area for an unauthorised purpose.

(2) Subsection (1) does not apply to the following—

(a)a person entering or using the Fitzroy Island Reef public appreciation special management area for conducting an aquaculture operation;

(b)a person entering or using a part of the Whitsundays public appreciation special management area that is not within the conservation park zone.

(3)Also, despite part 2, the chief executive must not grant a permission to a person for an area of a public appreciation special management area for an unauthorised purpose.

(4) Subsection (3) does not apply to the grant of the following—

(a)a permission to enter or use the Fitzroy Island Reef public appreciation special management area for conducting an aquaculture operation;

(b)a permission to enter or use a part of the Whitsundays public appreciation special management area that is not within the conservation park zone.

(5)In this section—

Commonwealth Fitzroy Island Reef public appreciation special management area means the area described in the Commonwealth Regulation, table 57, part 1.

Commonwealth Whitsundays public appreciation special management area means the area described in the Commonwealth Regulation, table 57, part 4.

Fitzroy Island Reef public appreciation special management area means the area that is the combined area of the following—

(a)the area of the marine park within the Commonwealth Fitzroy Island Reef public appreciation special management area;

(b)the area of the marine park worked out by extending the part of the Commonwealth Fitzroy Island Reef public appreciation special management area that is at the State at low water to the landward boundary of the marine park.

unauthorised purpose means each of the following—

(a)limited spearfishing;

(b)conducting a harvest fishery;

(c)conducting an aquaculture operation.

Whitsundays public appreciation special management area means the area that is the combined area of the following—

(a)the area of the marine park within the Commonwealth Whitsundays public appreciation special management area;

(b)the area of the marine park worked out by extending the part of the Commonwealth Whitsundays public appreciation special management area that is at the State at low water to the landward boundary of the marine park.

s 64 amd 2005 SL No. 12 s 7

65No dories detached (marine national park zone) special management areas

Each area of the marine park within the area mentioned in schedule 8, part 7, is a no dories detached (marine national park zone) special management area.

66Objective

The objective for each no dories detached (marine national park zone) special management area is to restrict access to, or the use of, the area for the conservation of natural resources.

67Special management provision

(1)Despite part 2, a person may bring a dory into a no dories detached (marine national park zone) special management area only if the dory is attached to the relevant primary boat for the dory at all times while the dory is in the area.

(2) Subsection (1) does not apply for a time when the dory is being used—

(a)to save the life of, or to avoid injury to, an individual; or

(b)to locate, or to secure the safety of, an aircraft, vessel or structure to prevent or minimise damage to the environment or to the aircraft, vessel or structure; or

(c)to move a person from land to the relevant primary boat for the dory, or from the relevant primary boat to land, if—

(i)the journey is direct; and

(ii)the relevant primary boat remains within 1n mile of the dory and the land; or

(d)in the Night Island area if the dory remains within 500m of a fishing industry service vessel for which a permission is in force; or

(e)to navigate to an area outside the special management area if—

(i)the journey is direct; and

(ii)any equipment, on the dory, that is normally used for fishing or collecting is stowed or secured when the dory is in the special management area; and

(iii)the dory remains within 1n mile of land while it is in the special management area.

(3)In this section—

Commonwealth Night Island area means the area described in the Commonwealth Zoning Plan, schedule 1, part 6, item 6.15.

Night Island area means the area that is the combined area of the following—

(a)the area of the marine park that is within the Commonwealth Night Island area;

(b)the area of the marine park that is worked out by extending the part of the Commonwealth Night Island area that is at the State at low water to the landward boundary of the marine park.

s 67 amd 2005 SL No. 12 s 8; 2007 SL No. 108 s 4

68One dory detached (conservation park zone) special management areas

Each area of the marine park within the area mentioned in schedule 8, part 8, is a one dory detached (conservation park zone) special management area.

69Objective

The objective for each one dory detached (conservation park zone) special management area is to restrict access to, or the use of, the area for the conservation of natural resources.

70Special management provision

(1)This section is subject to division 14.

(2)Despite part 2, a person may use a primary commercial fishing boat in a one dory detached (conservation park zone) special management area only if not more than 1 dory is detached from the boat at any time while the boat is in the area.

71One dory detached (buffer zone) special management areas

Each area of the marine park within the area mentioned in schedule 8, part 9, is a one dory detached (buffer zone) special management areas.

72Objective

The objective for each one dory detached (buffer zone) special management area is to restrict access to, or the use of, the area for the conservation of natural resources.

73Special management provision

Despite part 2, a person may use a primary commercial fishing boat in a one dory detached (buffer zone) special management area only if not more than 1 dory is detached from the boat at any time while the boat is in the area.

79Seasonal closure areas

(1)An area of the marine park mentioned and described in schedule 8, part 11, is a seasonal closure area.

(2)A seasonal closure area may be the whole or part of 1 or more zones.

(3)The boundary of an area described in schedule 8, part 11, by reference to a beach changes as the tide changes.

80Objective

The objective for each seasonal closure area is to protect areas of the marine park that are important to particular animals within the marine park from human intrusion during particular periods, not exceeding 6 months, in a year.

81Special management provision

(1)Despite part 2, a person may enter or use a seasonal closure area during the closed period for the area without permission only for the following purposes—

(a)to operate aircraft at an altitude of not less than 500ft above the ground or water;

(b)to navigate a vessel to an island if—

(i)the person is authorised to enter the island under an Act; and

(ii)any equipment normally used for fishing or collecting on board the vessel is stowed or secured.

(2)Also, despite part 2, the chief executive may grant a permission to a person for a seasonal closure area that applies during the closed period only for—

(a)scientific research that can not be carried out at a place not within the area; or

(b)a purpose that is consistent with the objective for—

(i)seasonal closure areas; and

(ii)the zone within which the area is located.

(3)In this section—

closed period, for a seasonal closure area, means—

(a)for a seasonal closure area mentioned in schedule 9—the period stated in schedule 9 opposite the area; or

(b)for another seasonal closure area—the period of closure decided by the chief executive for the area and—

(i)stated in a public notice; and

(ii)published on the department’s website on the internet.

s 81 amd 2006 SL No. 224 s 13

82Michaelmas Cay restricted access area

(1)The area of the marine park mentioned and described in schedule 8, part 12, is the Michaelmas Cay restricted access area.

(2)The Michaelmas Cay restricted access area is within the marine national park zone.

83Objective

The objective for the Michaelmas Cay restricted access area is to protect particular animals within the area from human intrusion.

84Accessible area for Michaelmas Cay restricted access area

(1)The chief executive may identify an accessible area for the Michaelmas Cay restricted access area by placing a rope on the beach adjoining Michaelmas Cay in a way that ensures—

(a)a part of the rope runs along the beach; and

(b)the ends of the rope point seaward.

(2)The accessible area must be worked out by extending the ends of the rope mentioned in subsection (1) to low water.

(3)The accessible area is the area formed by the following lines—

(a)the line made by the part of the rope that runs along the beach;

(b)the lines that run along the ends of the rope and extend the ends to low water;

(c)the line that runs along low water between the lines mentioned in paragraph (b).

85Special management provision

(1)Despite part 2, a person may enter or use only the part of the Michaelmas Cay restricted access area that is within the accessible area for the restricted access area.

(2)Also, despite part 2, a person may enter or use the accessible area without permission—

(a)only for a purpose or activity—

(i)for which a person may enter or use the marine national park zone without permission; and

(ii)that does not involve disturbing a bird in the area; and

(b)only between 9.30a.m. and 3p.m. on the same day.

Examples of activities that involve disturbing birds—

flying a kite or using a beach umbrella or horn

(3)Also, despite part 2, the chief executive may grant a permission to a person for an area within the Michaelmas Cay restricted access area only for scientific research relating to the conservation of the area.

86Commercial crab fishery area

(1)Each area of the marine park mentioned and described in schedule 8, part 13, is a commercial crab fishery area.

(2)A commercial crab fishery may be the whole or part of 1 or more zones.

87Objective

The objective for each commercial crab fishery area is to allow commercial crab fishing in the area.

88Special management provision

(1)Despite part 2, a person may enter or use a commercial crab fishery area without permission for taking crabs, other than spanner crabs, if—

(a)the person holds a commercial fisher licence with the fishery symbol ‘C1’ written on it; and

(b)the person complies with the applicable provisions of the Fisheries Regulation.

Note—

See, in particular, the Fisheries Regulation, chapter 11, part 1 (Commercial crab fishery (‘C1’)).

(2)Also, despite division 9, the person may detach, within the area, more than 1 dory from a primary commercial fishing boat for taking crabs under subsection (2).

(3)In this section—

commercial fisher licence means a commercial fisher licence issued under the Fisheries Regulation.

90Entry or use without permission after notification

(1)A person may enter or use an area within the marine park for a purpose mentioned in the Commonwealth Zoning Plan, section 5.2, paragraph (a), (b), (c), (d), (e), (f) or (g).

(2)However, a person intending to enter or use an area within the marine park for a purpose mentioned in subsection (1) must give the chief executive a notice stating the person intends to enter or use the area for the purpose.

(3)The chief executive may, upon receiving the notice, impose conditions on the entry or use.

Note—

See section 45 of the Act and section 112 of the Regulation for offences relating to a person entering or using a marine park for a purpose for which a notice must be given to the chief executive.

(4)To remove doubt, a person using or entering an area within the marine park under subsection (1) is not required to notify the Marine Park Authority of the entering or use.

s 90 amd 2006 SL No. 224 s 15

91Entry or use for non-conforming use with permission

(1)The chief executive may grant a permission to a person for an area within the marine park mentioned in schedule 10, column 1, for a purpose mentioned, in schedule 10, column 2, opposite the area.

(2)However, the permission must be subject to the conditions mentioned, in schedule 10, column 3, opposite the area.

(3) Subsection (2) does not limit the conditions to which the permission may be subject.

pt hdg amd 2006 SL No. 224 s 16

div hdg prev div 1 hdg om 2006 SL No. 224 s 17

pres div 1 hdg (prev div 3 hdg) renum 2006 SL No. 224 s 18

96Chief executive may accredit traditional use of marine resources agreement

The chief executive may accredit a traditional use of marine resources agreement for this plan.

97Giving notice under this division

(1)This section applies if the chief executive is required to give a notice under this division to—

(a)the applicant for accreditation of a traditional use of marine resources agreement; or

(b)the holder of an accredited traditional use of marine resources agreement.

(2)The chief executive complies with the requirement if the chief executive gives the notice to the person stated in the application for the accreditation of the agreement as the person to whom correspondence may be sent on behalf of the traditional owner group in whose name the application is made.

98Application for grant of accreditations

(1)A person may apply to the chief executive to accredit a traditional use of marine resources agreement.

(2)The application must—

(a)be in writing; and

(b)include the following information—

(i)the names of all of the members of the traditional owner group in whose name the application is made;

(ii)the name and address of a person to whom correspondence may be sent on behalf of the traditional owner group; and

(c)be accompanied by—

(i)a copy of the agreement; and

(ii)written confirmation, by a relevant representative Aboriginal/Torres Strait Islander body, that each member of the traditional owner group in whose name the application is made is a traditional owner for the part of the marine park in relation to which the agreement is to operate.

99Requirements for considering application

In considering an application for accreditation of a traditional use of marine resources agreement, the chief executive must have regard to the following—

(a)the terms of the agreement;

(b)the objectives of the zone or zones within which the proposed traditional use of marine resources is proposed to be undertaken;

(c)the likely effect of accreditation of the agreement on future options for the marine park;

(d)the nature and scale of the proposed traditional use of marine resources;

(e)the conservation of the natural resources of the marine park, including, in particular—

(i)the need for conservation of protected species in the marine park; and

(ii)the capability of the relevant population of a protected species to sustain harvesting;

(f)any other requirements for ensuring the orderly and proper management of the marine park;

(g)the need to protect the cultural resources held in relation to the marine park by traditional owners and other people;

(h)the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment and the likely effects of that use on adjoining and adjacent areas;

(i)any existing agreements or arrangements between the chief executive and the traditional owners who prepared the agreement;

(j)any legislation or government policy that applies to the proposed traditional use of marine resources;

(k)any other relevant matters, including, for example, any action necessary to avoid, remedy or minimise unacceptable environmental impact.

100Additional information for applications

(1)The chief executive may, by written notice, ask the applicant to give the chief executive further reasonable information or documents about the application by the reasonable date stated in the notice.

(2)The chief executive may refuse the application if the applicant does not, without reasonable excuse, give the chief executive the further information or documents by the stated day.

(3)If the chief executive agrees, the applicant may amend the application before the chief executive has finished considering it.

101Chief executive must grant or refuse application

(1)The chief must consider each proper application and either grant or refuse the application.

(2)For subsection (1), an application is a proper application if—

(a)it complies with the requirements for an application under section 98; and

(b)any requests for information made in relation to the application under section 100 have been complied with.

102Refusal of application

If the chief executive decides to refuse the application, the chief executive must, within 14 days after making the decision, give the applicant a written notice stating the decision and the reasons for it.

103Grant of application

(1)This section applies if the chief executive grants the application.

(2)The chief executive must also decide—

(a)when the accredited traditional use of marine resources agreement is to come into effect; and

(b)when the accredited traditional use of marine resources agreement is to cease to have effect.

(3)Also, the chief executive must—

(a)give the applicant a copy of the accredited traditional use of marine resources agreement and a written notice stating the following—

(i)the day the accredited traditional use of marine resources agreement comes into effect;

(ii)the day the accredited traditional use of marine resources agreement ceases to have effect;

(iii)any conditions imposed on the accreditation under section 104; and

(b)publish a notice in the gazette stating the agreement is an accredited traditional use of marine resources agreement for this plan.

104Conditions on accreditation of traditional use of marine resources agreements

(1)The chief executive may impose the following types of conditions on an accreditation of a traditional use of marine resources agreement—

(a)conditions allowing the holders of the accreditation to authorise other persons to carry out activities under the agreement and stating the maximum number of persons the holders may authorise;

(b)conditions that are appropriate for achieving the purposes of the Act, including, for example, conditions requiring particular persons to give the chief executive a written undertaking for activities carried out under the agreement.

(2)The accreditation remains in force, unless sooner cancelled or suspended, for the period—

(a)starting on the day the chief executive has decided as the day when the accredited traditional use of marine resources agreement is to come into effect; and

(b)ending on the day the chief executive has decided as the day when the accredited traditional use of marine resources agreement is to cease to have effect.

105Amendment of accreditation—grounds

The chief executive may amend an accreditation of a traditional use of marine resources agreement, including, for example, by adding a further condition to the accreditation if—

(a)the holder of the accreditation has given written agreement to the amendment; or

(d)the chief executive believes on reasonable grounds the amendment is necessary or desirable for the conservation of the marine park; or

(c)the holder of the accreditation has failed to comply with a condition of the accreditation or the agreement.

106Suspension—grounds

The chief executive may cancel an accreditation of a traditional use of marine resources agreement if—

(a)the chief executive believes on reasonable grounds the amendment is necessary or desirable for the conservation of the marine park; or

(b)the holder of the accreditation has failed to comply with a condition of the accreditation or the agreement; or

(c)the holder of the accreditation has committed, or is committing, an offence against the Act.

107Cancellation—grounds

The chief executive may cancel an accreditation of a traditional use of marine resources agreement if the chief executive believes on reasonable grounds—

(a)the accreditation was granted in error or because of a materially false or fraudulent document, statement or representation; or

(b)the holder of the accreditation—

(i)has failed to comply with a condition of the accreditation or the agreement; or

(ii)has committed, or is committing, an offence against the Act.

108Amendment, suspension or cancellation—procedure

(1)Before amending, suspending or cancelling an accreditation of a traditional use of marine resources agreement, the chief executive must give the holder of the accreditation a written notice inviting the holder to show why the accreditation should not be amended, suspended or cancelled (the proposed action).

(2)The notice must state the following—

(a)the proposed action;

(b)the grounds for the proposed action;

(c)the facts and circumstances forming the basis for the grounds;

(d)if the proposed action is suspension of the accreditation, the proposed suspension period;

(e)if the proposed action is to amend the accreditation, the proposed amendment;

(f)that representations may be made about the notice;

(g)how the representations may be made;

(h)where the representations may be made or sent;

(i)a day and time for making the representations or a period within which the representations must be made.

(3)The stated day or period must be, or must end, at least 28 days after the notice is given.

(4)If, after considering all representations made by the stated day or within the stated period, the chief executive still considers the proposed action should be taken, the chief executive may—

(a)if the proposed action is to amend the accreditation—amend the accreditation; or

(b)if the proposed action is to suspend the accreditation—suspend the accreditation for no longer than the proposed suspension period; or

(c)if the proposed action is to cancel the accreditation—cancel the accreditation or suspend it for a period.

(5)This section does not apply if the accreditation is amended under section 105 (a).

109Notice and effect of amendment, suspension or cancellation

(1)If the chief executive amends, suspends or cancels an accreditation under section 105, notice and particulars of the amendment, suspension or cancellation must be given to the holder of the accreditation.

(2)The notice must state the decision and the reasons for it.

(3)If the chief executive amends the accreditation, the amendment takes effect from the day, not earlier than 28 days after the holder receives the notice, stated in the notice.

(4)If the chief executive suspends the accreditation, it is ineffective during the period of suspension.

(5)The suspension—

(a)may be for the period the chief executive decides; and

(b)has effect from—

(i)the day the notice is given; or

(ii)if a later day is stated in the notice—the stated day.

(6)If the chief executive cancels the accreditation, it ceases to have effect from—

(a)the day the notice is given; or

(b)if a later day is stated in the notice—the stated day.

110Termination of agreement by holders

(1)The holder of an accredited traditional use of marine resources agreement may terminate the agreement at any time by giving written notice to the chief executive.

(2)The agreement ceases to have effect on—

(a)the day the chief executive receives the notice; or

(b)if the notice states a later day, not later than the day the accreditation of the agreement ceases to have effect—the later day stated in the notice.

(3)The accreditation of the agreement ceases to have effect on the day the agreement ceases to have effect.

div hdg prev div 2 hdg om 2006 SL No. 224 s 17

pres div 2 hdg (prev div 4 hdg) renum 2006 SL No. 224 s 19

111Requirements about giving authorisations under TUMRAs

(1)This section applies if an accreditation of a traditional use of marine resources agreement includes a condition stating that the holder of the accreditation may authorise another person to carry out an activity that may be lawfully carried out in relation to the agreement for a stated period.

(2)The holder of the accreditation must keep a record of the relevant matters for any authorisation given under the agreement.

(3)In this section—

relevant matters, for an authorisation, means the following—

(a)the name of the person to whom the authorisation is given;

(b)the date on which the authorisation was given;

(c)the nature of the activity the person is authorised to carry out under the authorisation.

112Effect of authorisations given under TUMRAs

(1)A person to whom an authorisation is given under an accredited traditional use of marine resources agreement may carry out an activity that is stated in the record kept by the holder of the accreditation under section 111 (2).

(2)For subsection (1)—

(a)the person to whom the authorisation is given is taken to be a traditional owner; and

(b)the conditions imposed on the accreditation of the agreement, and the conditions stated in the agreement, apply to the person.

(3)To remove any doubt, it is declared that a person who gives an authorisation under an accredited traditional use of marine resources agreement may still carry out, in relation to the agreement, any activity for which the person has given an authorisation under the agreement.

113Matters chief executive must consider for applications relating to traditional use of marine resources

(1)This section applies to an application for a permission, under the Regulation, part 3, for an area within the marine park for the traditional use of marine resources involving the taking of animals, plants or marine products.

(2)Without limiting the matters the chief executive must, under the Regulation, part 3, have regard to in considering the application, the chief executive must have regard to the following—

(a)the need for the conservation of protected species in the zone or marine park and, in particular, the capability of the relevant population of that species in the zone or marine park to sustain harvesting;

(b)the means to be employed in the proposed taking;

(c)the number of animals or plants, or the amount of marine product, proposed to be taken;

(d)the purpose of the proposed taking;

(e)whether the entry and use of the area in which the activity is to take place will be in accordance with Aboriginal tradition or Island custom;

(f)whether the applicant is a traditional owner.

s 113 amd 2006 SL No. 224 s 20

section 16

1General use zone

The general use zone consists of the areas of the marine park that are not part of a zone mentioned in sections 2 to 8 of this schedule.

2Habitat protection zone

(1)The habitat protection zone consists of the following areas—

(a)the areas within the marine park that are within a Commonwealth habitat protection zone area;

(b)the areas within the marine park that are worked out by extending each Commonwealth habitat protection zone area that is at the State at low water to the landward boundary of the marine park;

(c)each internal habitat protection zone area.

(2)However, the habitat protection zone does not include the following areas—

(a)an area mentioned and described in schedule 2, section 4, 9, 14 or 19;

(b)an area mentioned and described in schedule 4, section 11, 12, 13 or 14;

(c)an area mentioned and described in schedule 6, section 1.

(3)In this section—

Commonwealth habitat protection zone area means an area mentioned and described in the Commonwealth Zoning Plan, schedule 1, part 2.

internal habitat protection zone area means an area mentioned and described in schedule 3.

3Estuarine conservation zone

The estuarine conservation zone consists of the estuarine conservation zone areas mentioned and described in schedule 4.

4Conservation park zone

(1)The conservation park zone consists of the following areas—

(a)the areas of the marine park that are within a Commonwealth conservation park zone area;

(b)the areas of the marine park that are worked out by extending each Commonwealth conservation park area that is at the State at low water to the landward boundary of the marine park;

(c)each internal conservation park zone area.

(2)However, the conservation park zone does not include the following areas—

(a)an area mentioned and described in schedule 2, section 1, 2, 3, 5, 6, 7, 12, 13, 17, 20, 20A, 20B, 20C, 21, 21A, 22 or 23;

(b)an area mentioned and described in schedule 3, section 3 (a), (b) or (c), 6, 7, 8, 9, 10, 12, 14 or 17;

(c)an area mentioned and described in schedule 4, section 3, 9, 10 or 15.

(3)In this section—

Commonwealth conservation park zone area means an area mentioned and described in the Commonwealth Zoning Plan, schedule 1, part 3.

internal conservation park zone area means an area mentioned and described in schedule 5.

s 4 amd 2005 SL No. 12 s 9

5Buffer zone

(1)The buffer zone consists of the following areas—

(a)the areas of the marine park that are within a Commonwealth buffer zone area;

(b)the areas within the marine park that are worked out by extending each Commonwealth buffer zone area that is at the State at low water to the landward boundary of the marine park.

(2)In this section—

Commonwealth buffer zone area means an area mentioned and described in the Commonwealth Zoning Plan, schedule 1, part 4.

6Scientific research zone

(1)The scientific research zone consists of the following areas—

(a)the areas of the marine park that are within a Commonwealth scientific research zone area;

(b)the areas within the marine park that are worked out by extending each Commonwealth scientific research zone area that is at the State at low water to the landward boundary of the marine park.

(2)In this section—

Commonwealth scientific research zone area means an area mentioned and described in the Commonwealth Zoning Plan, schedule 1, part 5.

7Marine national park zone

(1)The marine national park zone consists of the following areas—

(a)the areas of the marine that are within a Commonwealth marine national park zone area;

(b)the areas within the marine park that are worked out by extending each Commonwealth marine national park zone area that is at the State at low water to the landward boundary of the marine park;

(c)each internal marine national park zone area.

(2)However, the marine national park zone does not include the following areas—

(a)an area mentioned and described in schedule 2, section 8, 10, 11, 15, 16 or 18;

(b)an area mentioned and described in schedule 3, section 3 (d), 4, 13, 16 or 18;

(c)an area mentioned and described in schedule 5, section 1, 2 or 3.

(3)In this section—

Commonwealth marine national park zone area means an area mentioned and described in the Commonwealth Zoning Plan, schedule 1, part 6.

internal marine national park zone area means an area mentioned and described in schedule 6.

8Preservation zone

(1)The preservation zone consists of the following areas—

(a)the areas of the marine park that are within a Commonwealth preservation zone area;

(b)the areas within the marine park that are worked out by extending each Commonwealth preservation zone area that is at the State at low water to the landward boundary of the marine park.

(2)In this section—

Commonwealth preservation zone area means an area mentioned in the Commonwealth Zoning Plan, schedule 1, part 7.

schedule 1, sections 2 (2) (a), 4 (2) (a) and 7 (2) (a)

1QI GU-24-01 Round Hill Creek

The part of Round Hill Creek that is within the marine park and upstream of the line worked out by reference to the following points—

(a)latitude 24º09.600' south, longitude 151º52.950' east;

(b)latitude 24º10.338' east, longitude 151º52.068' east.

Note—

The line worked out by reference to latitude 24º09.600' south, longitude 151º52.950' east and latitude 24º10.338' east, longitude 151º52.068' east crosses the mouth of Round Hill Creek at high water.

2QI GU-24-02 Eurimbula Creek

The part of Eurimbula Creek that is within the marine park and upstream of the line worked out by reference to the following points—

(a)latitude 24º10.362' south, longitude 151º50.676' east;

(b)latitude 24º10.314' south, longitude 151º50.442' east.

Note—

The line worked out by reference to latitude 24º10.362' south, longitude 151º50.676' east and latitude 24º10.314' south, longitude 151º50.442' east crosses the mouth of Eurimbula Creek at high water.

3QI GU-24-03 Middle Creek and Jennie Lind Creek (Middle Island)

The following areas within the marine park—

(a)the part of Middle Creek that is upstream of the line worked out by reference to the following points—

(i)latitude 24º07.308' south, longitude 151º47.124' east;

(ii)latitude 24º07.152' south, longitude 151º47.130' east;

Note—

The line worked out by reference to latitude 24º07.308' south, longitude 151º47.124' east and latitude 24º07.152' south, longitude 151º47.130' east crosses the mouth of Middle Creek at high water.

(b)the part of Jennie Lind Creek that is upstream of the line worked out by reference to the following points—

(i)latitude 24º02.118' south, longitude 151º45.780' east;

(ii)latitude 24º02.004' south, longitude 151º45.850' east.

Note—

The line worked out by reference to latitude 24º02.118' south, longitude 151º45.780' east and latitude 24º02.004' south, longitude 151º45.850' east crosses the mouth of Jennie Lind Creek at high water.

4QI GU-24-04 Pancake Creek (Middle Island)

The part of Pancake Creek that is within the marine park and upstream of the line worked out by reference to the following points—

(a)latitude 24º01.278' south, longitude 151º44.628' east;

(b)latitude 24º01.368' south, longitude 151º43.836' east.

Note—

The line worked out by reference to latitude 24º01.278' south, longitude 151º44.628' east and latitude 24º01.368' south, longitude 151º43.836' east crosses the mouth of Pancake Creek at high water.

5QI GU-23-02 Curtis Island

The part of the marine park that is within the following boundary—

•from the most eastern point of the line worked out by reference to the following points—

(a)latitude 23º30.240' south, longitude 151º13.080' east;

(b)latitude 23º30.636' south, longitude 151º11.898' east

Note—

The line worked out by reference to latitude 23º30.240' south, longitude 151º13.080' east and latitude 23º30.636' south, longitude 151º11.898' east crosses the mouth of the inlet at Yellow Patch at H.A.T.

•then westerly along the line worked out by reference to the following points—

(a)latitude 23º30.240' south, longitude 151º13.080' east;

(b)latitude 23º30.636' south, longitude 151º11.898' east;

to the most western point of the line

•then westerly along the relevant mangrove line to the most southern point of the line worked out by reference to the following points—

(a)latitude 23º28.722' south, longitude 151º05.166' east;

(b)latitude 23º28.338' south, longitude 151º04.878' east

Note—

The line worked out by reference to latitude 23º28.722' south, longitude 151º05.166' east and latitude 23º28.338' south, longitude 151º04.878' east crosses the mouth of Keppel Creek at H.A.T.

•then north-westerly along the line worked out by reference to the following points—

(a)latitude 23º28.722' south, longitude 151º05.166' east;

(b)latitude 23º28.338' south, longitude 151º04.878' east;

to the most northern point of the line

•then southerly and easterly along Curtis Island at H.A.T. to where it intersects latitude 23º31.050' south.

s 5 amd 2005 SL No. 12 s 10(1)–(2)

6QI GU-22-02 Corio Bay

The part of Corio Bay that is within the marine park and upstream of the line worked out by reference to the following points—

(a)latitude 22º57.504' south, longitude 150º46.488' east;

(b)latitude 22º56.622' south, longitude 150º47.460' east.

Note—

The line worked out by reference to latitude 22º57.504' south, longitude 150º46.488' east and latitude 22º56.622' south, longitude 150º47.460' east crosses the entrance to Corio Bay at high water.

7QI GU-22-03 Island Head Creek

The part of Island Head Creek that is within the marine park and upstream of the line worked out by reference to the following points—

(a)latitude 22º21.090' south, longitude 150º39.582' east;

(b)latitude 22º20.778' south, longitude 150º38.760' east.

Note—

The line worked out by reference to latitude 22º21.090' south, longitude 150º39.582' east and latitude 22º20.778' south, longitude 150º38.760' east crosses the mouth of Island Head Creek.

8QI GU-22-09 Shoalwater Bay

The following areas—

(a)the part of the marine park that is within the following boundary—

•from where the mainland at high water intersects longitude 150º15.366' east

•then north-westerly along the relevant mangrove line to where the mainland at high water intersects longitude 150º13.133' east

Note—

The mainland at high water intersects longitude 150º13.133' east just west of the mouths of Pine Mountain Creek, Charcoal Creek and Ross Creek.

•then easterly along the mainland at high water to where it intersects longitude 150º15.366' east;

(b)the part of the marine park that is within the following boundary—

•from where the mainland at high water intersects longitude 150º11.742' east

•then westerly along the relevant mangrove line to where the mainland at high water intersects latitude 22º21.450' south

Note—

The mainland at high water intersects latitude 22º21.450' south just south of the southern boundary of Shoalwater Bay Regional Park.The Shoalwater Bay Regional Park is shown as lot 501 on plan NPW699. See the Nature Conservation (Protected Areas) Regulation 1994 , schedule 3 (Regional parks).

•then easterly along the mainland at high water to where it intersects longitude 150º11.742' east.

s 8 amd 2014 SL No. 35 s 14

9QI GU-22-12 Island Bluff (Broad Sound)

The part of the marine park within the following boundary—

•from where the mainland at high water intersects latitude 22º17.142' south

Note—

The mainland at high water intersects latitude 22º17.142' south on the western side of Torilla Peninsula.

•then westerly along a geodesic to where latitude 22º16.992' south intersects the unnamed island near latitude 22º16.992' south, longitude 149º55.872' east at high water

•then westerly along the southern side of the unnamed island near latitude 22º16.992' south, longitude 149º55.872' east at high water to where it intersects latitude 22º16.926' south

•then westerly along a geodesic to where latitude 22º16.896' south intersects the outer boundary of the mangrove forest that adjoins the eastern side of Broad Sound

•then southerly along the relevant mangrove line to latitude 22º19.392' south, longitude 149º55.008' east

Note—

Latitude 22º19.392' south, longitude 149º55.008' east is on the northern side of the mouth of the unnamed inlet at Island Bluff.

•then southerly along a geodesic across the mouth of the unnamed inlet on the eastern side of Broad Sound to latitude 22º20.496' south, longitude 149º54.876' east

•then southerly along the relevant mangrove line to latitude 22º20.658' south, longitude 149º54.805' east

•then south-easterly along the line that extends the geodesic that passes through the following points—

(a)latitude 22º14.589' south, longitude 149º51.440' east;

(b)latitude 22º20.658' south, longitude 149º54.805' east;

to where the line intersects the mainland at high water

•then generally northerly along the mainland at high water to where it intersects latitude 22º17.142' south.

10QI GU-22-13 Herbert Creek and Charon Point (Broad Sound)

The parts of Herbert Creek and Charon Point that are within the marine park and upstream of the following line—

•from where the mainland at high water intersects the line that extends the geodesic that passes through the following points—

(a)latitude 22º14.589' south, longitude 149º51.440' east;

(b)latitude 22º20.658' south, longitude 149º54.805' east

•then north-westerly along the line that extends the geodesic that passes through the following points—

(a)latitude 22º14.589' south, longitude 149º51.440' east;

(b)latitude 22º20.658' south, longitude 149º54.805' east;

to latitude 22º20.658' south, longitude 149º54.805' east

Note—

Latitude 22º20.658' south, longitude 149º54.805' east is on the outer boundary of the mangrove forest that adjoins the eastern side of Broad Sound near the mouth of Herbert Creek.

•then south-westerly along the geodesic that passes through the following points—

(a)latitude 22º20.658' south, longitude 149º54.805' east;

(b)latitude 22º22.896' south, longitude 149º48.546' east;

to where the geodesic intersects the coastal 500m high water line around the mainland at Charon Point

•then westerly along the coastal 500m high water line around the mainland at Charon Point to where it intersects the geodesic that passes through the following points—

(a)the most northern point of Charon Point at high water;

Note—

The most northern point of Charon Point at high water is at approximately latitude 22º22.916' south, longitude 149º48.433' east.

(b)latitude 22º22.333' south, longitude 149º46.066' east

Note—

Latitude 22º22.333' south, longitude 149º46.066' east is approximately the most eastern point of Rosewood Island.

•then south-easterly along that geodesic to the most northern point of Charon Point at high water.

11QI GU-22-14 Styx River

The part of the Styx River that is within the marine park and upstream of the following line—

•from the most northern point of Charon Point at H.A.T.

Note—

The most northern point of Charon Point at H.A.T. is approximately latitude 22º22.916' south, longitude 149º48.433' east.

•then north-westerly along a geodesic to the most eastern point of Rosewood Island at H.A.T.

•then westerly along the relevant mangrove line to the most north-western point of Rosewood Island at H.A.T.

Note—

The most north-western point of Rosewood Island at H.A.T. is approximately at latitude 22º21.363' south, longitude 149º42.786' east.

12QI GU-22-15 Sand Fly Creek to Apple Tree Creek

The part of the marine park that is within the following boundary—

•from where the mainland at high water intersects latitude 22º04.560' south

•then northerly along the relevant mangrove line to where the mainland at high water intersects latitude 22º03.858' south

•then southerly along the mainland at high water to where it intersects latitude 22º04.560' south.

13QI GU-21-02 Reliance Creek

The part of Reliance Creek that is within the marine park and upstream of the following line—

•from where the mainland at high water intersects longitude 149º08.526' east

•then westerly along the relevant mangrove line to latitude 21º00.084' south, longitude 149º07.716' east

•then westerly along a geodesic to latitude 21º00.132' south, longitude 149º07.206' east

•then westerly along the relevant mangrove line to where the mainland at high water intersects longitude 149º07.032' east.

14QI GU-20-04 Dempster Creek

The part of Dempster Creek that is within the marine park and upstream of the line worked out by reference to the following points—

(a)latitude 20º40.296' south, longitude 148º42.378' east;

(b)latitude 20º40.524' south, longitude 148º42.672' east.

Note—

The line worked out by reference to latitude 20º40.296' south, longitude 148º42.378' east and latitude 20º40.524' south, longitude 148º42.672' east crosses the mouth of Dempster Creek.

15QI GU-20-05 Genesta Bay

The part of the unnamed inlet at Genesta Bay that is within the marine park and upstream of the line worked out by reference to the following points—

(a)latitude 20º29.250' east, longitude 148º53.016' east;

(b)latitude 20º29.216' south, longitude 148º53.016' east.

Note—

The line worked out by reference to latitude 20º29.250' east, longitude 148º53.016' east and latitude 20º29.216' south, longitude 148º53.016' east crosses the mouth of the unnamed inlet at Genesta Bay.

16QI GU-20-15 Earlando

The following areas—

(a)the part of the marine park that is within the following boundary—

•from where the mainland at high water intersects latitude 20º09.882' south

Note—

The mainland at high water intersects latitude 20º09.882' south on the southern side of the southern bay at Earlando.

•then north-westerly along a geodesic to where the mainland at high water intersects latitude 20º09.264' south

Note—

The mainland at high water intersects latitude 20º09.264' south on the northern side of the southern bay at Earlando.

•then south-westerly and easterly along the mainland at high water to where it intersects latitude 20º09.882' south;

(b)the part of the marine park that is within the following boundary—

•from where the mainland at high water intersects latitude 20º09.240' south

Note—

The mainland at high water intersects latitude 20º09.240' south on the southern side of the northern bay at Earlando.

•then northerly along a geodesic to where the mainland at high water intersects latitude 20º08.520' south

Note—

The mainland at high water intersects latitude 20º08.520' south on the northern side of the northern bay at Earlando.

•then south-westerly and easterly along the mainland at high water to where it intersects latitude 20º09.240' south.

17QI GU-19-02 Cape Bowling Green

The part of the marine park that is within the following boundary—

•from the most western point of Cape Bowling Green at high water

•then southerly along the mangrove line for the mangrove forest that adjoins the western side of Cape Bowling Green to where the outer boundary of the forest intersects latitude 19º22.611' south

•then east along latitude 19º22.611' south to where it intersects the western boundary of Bowling Green Bay National Park

Note—

Bowling Green Bay National Park is shown as lot 32 on plan NPW653. See the Nature Conservation (Protected Areas) Regulation 1994 , schedule 2 (National parks).

•then northerly along the western boundary of Bowling Green Bay National Park to where it meets the northern boundary of the national park

•then east along the northern boundary of Bowling Green Bay National Park to where it meets the mainland at high water

•then northerly along the mainland at high water to the most western point of Cape Bowling Green at high water.

18QI GU-19-03 Bowling Green Bay (south-eastern side)

The part of the marine park that is within the following boundary—

•from where latitude 19º22.611' south intersects the western boundary of Bowling Green Bay National Park

•then west along latitude 19º22.611' south to where it intersects the outer boundary of the mangrove forest that adjoins the south-eastern side of Bowling Green Bay

•then southerly and westerly along the mangrove line for the mangrove forest that adjoins the south-eastern side of Bowling Green Bay to where the outer boundary of that forest intersects longitude 147º23.581' east

•then south along longitude 147º23.581' east to where it interests the northern boundary of Bowling Green Bay National Park

•then easterly and northerly along the boundary of Bowling Green Bay National Park to where the western boundary of the national park intersects latitude 19º22.611' south.

19QI GU-19-04 Bowling Green Bay (southern side)

The part of the marine park that is within the following boundary—

•from where longitude 147º23.581' east intersects the northern boundary of Bowling Green Bay National Park

•then north along longitude 147º23.581' east to where it intersects the outer boundary of the mangrove forest that adjoins the southern side of Bowling Green Bay

•then westerly along the mangrove line for the mangrove forest that adjoins the southern side of Bowling Green Bay to where the outer boundary of that forest intersects longitude 147º15.684' east

•then south along longitude 147º15.684' east to where it interests the northern boundary of Bowling Green Bay National Park

•then easterly along the northern boundary of Bowling Green Bay National Park to where it intersects longitude 147º23.581' east.

20QI GU-19-05 Barratta Creek to Haughton River

The part of Bowling Green Bay that is within the marine park and landward of the following line—

•from where longitude 147º15.684' east intersects the northern boundary of Bowling Green Bay National Park

•then north along longitude 147º15.684' east to where it intersects the outer boundary of the mangrove forest that adjoins the southern side of Bowling Green Bay

•then westerly along the mangrove line for the mangrove forest that adjoins the southern side of Bowling Green Bay to where the outer boundary of the forest intersects longitude 147º15.608' east

Note—

The outer boundary of the mangrove forest that adjoins the southern side of Bowling Green Bay intersects longitude 147º15.608' east on the eastern side of the mouth of Sheep Station Creek at high water, at approximately latitude 19º25.697' south.

•then south-westerly along a geodesic to where latitude 19º25.771' south intersects the outer boundary of the mangrove forest that adjoins the southern side of Bowling Green Bay

Note—

Latitude 19º25.771' south intersects the outer boundary of the mangrove forest that adjoins the southern side of Bowling Green Bay on the western side of the mouth of Sheep Station Creek at high water, at approximately longitude 147º15.533' east.

•then south-westerly along a geodesic to where longitude 147º15.253' east intersects the outer boundary of the mangrove forest that adjoins the southern side of Bowling Green Bay

Note—

The geodesic between the following points crosses the mouth of the eastern arm of Barratta Creek at high water—

•the point where latitude 19º25.771' south intersects the outer boundary of the mangrove forest that adjoins the southern side of Bowling Green Bay

•the point where longitude 147º15.253' east intersects the outer boundary of the mangrove forest that adjoins the southern side of Bowling Green Bay.

Longitude 147º15.253' east intersects the outer boundary of the mangrove forest that adjoins the southern side of Bowling Green Bay at approximately latitude 19º25.949' south.

•then westerly along a geodesic to where longitude 147º14.811' east intersects the outer boundary for the mangrove forest that adjoins the southern side of Bowling Green Bay

Note—

The geodesic between the following points crosses the mouth of the western arm of Barratta Creek at high water—

•the point where longitude 147º15.253' east intersects the outer boundary of the mangrove forest that adjoins the southern side of Bowling Green Bay

•the point where longitude 147º14.811' east intersects the outer boundary of the mangrove forest that adjoins the southern side of Bowling Green Bay.

Longitude 147º14.811' east intersects the outer boundary of the mangrove forest that adjoins the southern side of Bowling Green Bay at approximately latitude 19º25.942' south.

•then westerly along the relevant mangrove line to the most eastern point of the line worked out by reference to the following points—

(a)latitude 19º25.383' south, longitude 147º12.900' east;

(b)latitude 19º25.383' south, longitude 147º12.683' east

Note—

The line worked out by reference to latitude 19º25.383' south, longitude 147º12.900' east and latitude 19º25.383' south, longitude 147º12.683' east crosses the mouth of Bomber Creek at high water.

•then westerly along the line worked out by reference to the following points—

(a)latitude 19º25.383' south, longitude 147º12.900' east;

(b)latitude 19º25.383' south, longitude 147º12.683' east;

to the most western point of the line

•then westerly along the mangrove line for the mangrove forest that adjoins the southern side of Bowling Green Bay to where the outer boundary of the forest intersects latitude 19º24.749' south

Note—

The outer boundary of the mangrove forest that adjoins the southern side of Bowling Green Bay intersects latitude 19º24.749' south on the eastern side of the mouth of Barramundi Creek at high water, at approximately longitude 147º10.117' east.

•then westerly along a geodesic to where longitude 147º09.705' east intersects the outer boundary of the mangrove forest that adjoins the southern side of Bowling Green Bay

Note—

Longitude 147º09.705' east intersects the outer boundary of the mangrove forest that adjoins the southern side of Bowling Green Bay on the western side of the mouth of Barramundi Creek at high water, at approximately latitude 19º24.437' south.

•then westerly along the relevant mangrove line to the most eastern point of the line worked out by reference to the following points—

(a)latitude 19º24.449' south, longitude 147º08.096' east;

(b)latitude 19º23.310' south, longitude 147º06.864' east

Note—

The line worked out by reference to latitude 19º24.449' south, longitude 147º08.096' east and latitude 19º23.310' south, longitude 147º06.864' east crosses the mouth of the Haughton River at high water.

•then westerly along the line worked out by reference to the following points—

(a)latitude 19º24.449' south, longitude 147º08.096' east;

(b)latitude 19º23.310' south, longitude 147º06.864' east;

to the most western point of the line.

s 20 sub 2005 SL No. 12 s 10(3)

20AQI GU-19-05A Cocoa Creek

The part of Cocoa Creek that is within the marine park and upstream of the following line—

•from where longitude 146º58.807' east intersects the outer boundary of the mangrove forest that adjoins the south-eastern side of Cleveland Bay

Note—

Longitude 146º58.807' east intersects the outer boundary of the mangrove forest that adjoins the south-eastern side of Cleveland Bay at approximately latitude 19º16.946' south.

•then south-westerly along a geodesic to where latitude 19º17.028' south intersects the outer boundary of the mangrove forest that adjoins the south-eastern side of Cleveland Bay.

Note—

Latitude 19º17.028' south intersects the outer boundary of the mangrove forest that adjoins the south-eastern side of Cleveland Bay at approximately longitude 146º58.611' east.

s 20A ins 2005 SL No. 12 s 10(3)

20BQI GU-19-05B Crocodile Creek

The part of Crocodile Creek that is within the marine park and upstream of the following line—

•from where longitude 146º57.634' east intersects the outer boundary of the mangrove forest that adjoins the southern side of Cleveland Bay

Note—

Longitude 146º57.634' east intersects the outer boundary of the mangrove forest that adjoins the southern side of Cleveland Bay at approximately latitude 19º17.593' south.

•then south-westerly along a geodesic to where longitude 146º57.221' east intersects the outer boundary of the mangrove forest that adjoins the southern side of Cleveland Bay.

Note—

Longitude 146º57.221' east intersects the outer boundary of the mangrove forest that adjoins the southern side of Cleveland Bay at approximately latitude 19º17.949' south.

s 20B ins 2005 SL No. 12 s 10(3)

20CQI GU-19-05C Alligator Creek

The part of Alligator Creek that is within the marine park and upstream of the following line—

•from where longitude 146º55.702' east intersects the outer boundary of the mangrove forest that adjoins the southern side of Cleveland Bay

Note—

Longitude 146º55.702' east intersects the outer boundary of the mangrove forest that adjoins the southern side of Cleveland Bay at approximately latitude 19º17.870' south.

•then south-westerly along a geodesic to where latitude 19º18.055' south intersects the outer boundary of the mangrove forest that adjoins the southern side of Cleveland Bay.

Note—

Latitude 19º18.055' south intersects the outer boundary of the mangrove forest that adjoins the southern side of Cleveland Bay at approximately longitude 146º55.524' east.

s 20C ins 2005 SL No. 12 s 10(3)

21QI GU-19-08 Magnetic Island (western side)

The part of the marine park that is within the following boundary—

•from where Magnetic Island at H.A.T. intersects latitude 19º10.356' south

•then north-westerly along the relevant mangrove line to where Magnetic Island at H.A.T. intersects latitude 19º08.226' south

•then south-easterly along Magnetic Island at H.A.T. to where it intersects latitude 19º10.356' south.

s 21 amd 2005 SL No. 12 s 10(4)

21AQI GU-19-08A Bohle River

The part of Bohle River that is within the marine park and upstream of the following line—

•from where longitude 146º42.180' east intersects the outer boundary of the mangrove forest that adjoins the eastern side of the mouth of the Bohle River

Note—

Longitude 146º42.180' east intersects the outer boundary of the mangrove forest that adjoins the eastern side of the mouth of the Bohle River at approximately latitude 19º11.463' south.

•then westerly along a geodesic to where longitude 146º41.892' east intersects the outer boundary of the mangrove forest that adjoins the western side of the mouth of the Bohle River.

Note—

Longitude 146º41.892' east intersects the outer boundary of the mangrove forest that adjoins the western side of the mouth of the Bohle River at approximately latitude 19º11.528' south.

s 21A ins 2005 SL No. 12 s 10(5)

22QI GU-15-10 Endeavour River (mouth)

The part of the marine park that is within the following boundary—

•from the most southern point of the mainland at Point Saunders at H.A.T.

•then easterly along a geodesic to where latitude 15º27.719' south intersects the coastal 100m line around the mainland

•then northerly along the coastal 100m line around the mainland to where it intersects latitude 15º27.570' south

•then westerly along a geodesic to where latitude 15º27.594' south intersects the mainland at H.A.T.

Note—

Latitude 15º27.594' south intersects the mainland at H.A.T. just north of Point Saunders.

•then southerly along the mainland at H.A.T. to its most southern point at Point Saunders.

23QI GU-15-13 Endeavour River (northern anabranch)

The part of the Endeavour River that is within the marine park and upstream of the line worked out by reference to the following points—

(a)latitude 15º27.456' south, longitude 145º14.160' east;

(b)latitude 15º27.630' south, longitude 145º14.352' east.

Note—

The line worked out by reference to latitude 15º27.456' south, longitude 145º14.160' east and latitude 15º27.630' south, longitude 145º14.352' east crosses the mouth of the northern anabranch of the Endeavour River.

section 22 (3), definition The Narrows , and schedule 1, sections 2 (1) (c), 4 (2) (b) and 7 (2) (b)

1QI HP-24-06 Rodds Harbour

The part of the marine park that is within the following boundary—

•from where the mainland at high water intersects latitude 24º00.528' south

Note—

The mainland at high water intersects latitude 24º00.528' south near Spit End.

•then south-westerly along a geodesic to latitude 24º00.636' south, longitude 151º35.910' east

•then south-easterly along a geodesic to the most western point of the coastal 500m line around Bird Island

•then south-easterly along a geodesic to the most western point where the coastal 500m line around the mainland intersects latitude 24º04.398' south

•then east along latitude 24º04.398' south to the most western point where it intersects the mainland at high water

Note—

The most western point where latitude 24º04.398' south intersects the mainland at high water is at Rodds Peninsula and is at approximately latitude 24º04.398' south, longitude 151º40.332' east.

•then easterly, northerly and westerly along the mainland at high water to where it intersects latitude 24º00.528' south.

2QI HP-22-01 The Narrows

The part of The Narrows that is within the marine park and between the following lines—

(a)the following line—

•from where Curtis Island at H.A.T. intersects latitude 23º33.700' south

Note—

Curtis Island at H.A.T. intersects latitude 23º33.700' south on the western side of the island, at the northern end of The Narrows.

•then west along latitude 23º33.700' south to where it intersects the mainland at high water;

(b)the following line—

•from where Kangaroo Island at high water intersects latitude 23º45.000' south

Note—

Kangaroo Island at high water intersects latitude 23º45.000' south at Friend Point.

•then east along latitude 23º45.000' south to where it intersects Curtis Island at high water.

s 2 amd 2008 SL No. 247 s 4

3QI HP-22-04 Townshend Island

The following areas—

(a)the part of the marine park that is within the following boundary—

•from where Townshend Island at high water intersects longitude 150º33.060' east

Note—

Townshend Island at high water intersects longitude 150º33.060' east at approximately latitude 22º18.090' south.

•then north-westerly along the relevant mangrove line to where Townshend Island at high water intersects latitude 22º17.796' south

Note—

Townshend Island at high water intersects latitude 22º17.796' south at approximately longitude 150º32.832' east.

•then southerly along Townshend Island at high water to where it intersects longitude 150º33.060' east;

(b)the part of the marine park that is within the following boundary—

•from where Townshend Island at high water intersects latitude 22º19.026' south

Note—

Townshend Island at high water intersects latitude 22º19.026' south at approximately longitude 150º31.560' east.

•then southerly along the relevant mangrove line to where Townshend Island at high water intersects latitude 22º19.236' south

Note—

Townshend Island at high water intersects latitude 22º19.236' south at approximately longitude 150º31.650' east.

•then northerly along Townshend Island at high water to where it intersects latitude 22º19.026' south;

(c)the part of the marine park that is within the following boundary—

•from where Townshend Island at high water intersects latitude 22º19.494' south

Note—

Townshend Island at high water intersects latitude 22º19.494' south at approximately longitude 150º30.984' east.

•then southerly along the relevant mangrove line to where Townshend Island at high water intersects latitude 22º19.962' south

Note—

Townshend Island at high water intersects latitude 22º19.962' south at approximately longitude 150º31.218' east.

•then northerly along Townshend Island at high water to where it intersects latitude 22º19.494' south;

(d)the part of the marine park that is within the following boundary—

•from where Townshend Island at high water intersects latitude 22º20.370' south

Note—

Townshend Island at high water intersects latitude 22º20.370' south at approximately longitude 150º28.626' east.

•then northerly along the mangrove line for the mangrove forest that adjoins the western side of Townshend Island to where the outer boundary of the forest intersects latitude 22º19.740' south

•then east along latitude 22º19.740' south to where it intersects Townshend Island at high water

•then southerly along Townshend Island at high water to where it intersects latitude 22º20.370' south.

4QI HP-22-08 Shoalwater Bay (eastern side)

The following areas—

(a)the part of Shoalwater Bay that is within the marine park and landward of the following line—

•from latitude 22º24.330' south, longitude 150º32.268' east

•then southerly along the relevant mangrove line to the most eastern point of the line worked out by reference to the following points—

(i)latitude 22º28.884' south, longitude 150º33.300' east;

(ii)latitude 22º31.278' south, longitude 150º29.190' east

Note—

The line worked out by reference to latitude 22º28.884' south, longitude 150º33.300' east and latitude 22º31.278' south, longitude 150º29.190' east crosses the mouth of Head Creek at high water.

•then south-westerly along the line worked out by reference to the following points—

(i)latitude 22º28.884' south, longitude 150º33.300' east;

(ii)latitude 22º31.278' south, longitude 150º29.190' east;

to the most western point of the line

•then westerly along a geodesic to the most eastern point of the line worked out by reference to the following points—

(i)latitude 22º31.278' south, longitude 150º29.190' east;

(ii)latitude 22º31.602' south, longitude 150º28.350' east

Note—

The line worked out by reference to latitude 22º31.278' south, longitude 150º29.190' east and latitude 22º31.602' south, longitude 150º28.350' east crosses the mouth of Shoalwater Creek at high water.

•then westerly along the line worked out by the reference to the following points—

(i)latitude 22º31.278' south, longitude 150º29.190' east;

(ii)latitude 22º31.602' south, longitude 150º28.350' east;

to the most western point of the line

•then northerly along the relevant mangrove line to where the mainland at high water intersects longitude 150º23.406' east;

(b)the part of the marine park that is within the following boundary—

•from where the mainland at high water intersects longitude 150º22.230' east

•then westerly along the relevant mangrove line to where the mainland at high water intersects longitude 150º21.852' east

•then easterly along the mainland at high water to where it intersects longitude 150º22.230' east;

(c)the part of the marine park that is within the following boundary—

•from where the mainland at high water intersects longitude 150º19.746' east

•then westerly along the relevant mangrove line to where the mainland at high water intersects longitude 150º18.108' east

•then easterly along the mainland at high water to where it intersects longitude 150º19.746' east.

5QI HP-21-03 West Hill Creek

The part of West Hill Creek that is within the marine park and is upstream of the line worked out by reference to the following points—

(a)latitude 21º50.124' south, longitude 149º27.678' east;

(b)latitude 21º49.782' south, longitude 149º27.528' east.

Note—

The line worked out by reference to latitude 21º50.124' south, longitude 149º27.678' east and latitude 21º49.782' south, longitude 149º27.528' east crosses the mouth of West Hill Creek at high water.

6QI HP-20-04 Plantation Creek

The part of Plantation Creek that is within the marine park and is upstream of line worked out by reference to the following points—

(a)latitude 20º54.018' south, longitude 148º58.968' east;

(b)latitude 20º54.084' south, longitude 148º58.866' east.

Note—

The line worked out by reference to latitude 20º54.018' south, longitude 148º58.968' east and latitude 20º54.084' south, longitude 148º58.866' east crosses the mouth of Plantation Creek at high water.

7QI HP-20-05 Port Newry to Rabbit Island

The part of the marine park that is within the following boundary—

•from where the mainland at high water intersects longitude 148º57.066' east

•then north along longitude 148º57.066' east to where it intersects latitude 20º52.554' south

•then westerly along the mangrove line for the mangrove forest that adjoins the eastern side of the mouth of Cluny Creek to where the outer boundary of the forest intersects longitude 148º55.278' east

Note—

The outer boundary for the mangrove forest that adjoins the eastern side of the mouth of Cluny Creek intersects longitude 148º55.278' east on the eastern side of the mouth of Cluny Creek at high water, at approximately latitude 20º53.364' south.

•then north-westerly along a geodesic to latitude 20º53.238' south, longitude 148º55.098' east

•then west along latitude 20º53.238' south to where it intersects the outer boundary of the mangrove forest that adjoins the western side of the mouth of Cluny Creek

Note—

Latitude 20º53.238' south intersects the outer boundary of the mangrove forest that adjoins the western side of the mouth of Cluny Creek on the western side of the mouth of Cluny Creek at high water, at approximately longitude 148º54.810' east.

•then westerly along the relevant mangrove line to latitude 20º51.444' south, longitude 148º53.034' east

•then south along longitude 148º53.034' east to where it intersects the mainland at high water

•then easterly along the mainland at high water to where it intersects longitude 148º57.066' east.

s 7 amd 2005 SL No. 12 s 11

8QI HP-20-06 Rabbit Island

The part of the marine park that is within the following boundary—

•from where longitude 148º56.460' east intersects the western side of Rabbit Island at high water

•then north-westerly along a geodesic to where longitude 148º56.196' east intersects the western side of Rabbit Island at high water

•then easterly and southerly along the western side of Rabbit Island at high water to where it intersects longitude 148º56.460' east.

9QI HP-20-14 Gulnare Inlet (Whitsunday Island)

The part of Gulnare Inlet that is upstream of line worked out by reference to the following points—

(a)latitude 20º18.354' south, longitude 148º56.982' east;

(b)latitude 20º18.108' south, longitude 148º56.526' east.

Note—

The line worked out by reference to latitude 20º18.354' south, longitude 148º56.982' east and latitude 20º18.108' south, longitude 148º56.526' east crosses the mouth of Gulnare Inlet at high water.

10QI HP-19-01 Nobbies Inlet (Cape Upstart)

The part of the marine park that is within the following boundary—

•from where the mainland at high water intersects latitude 19º47.478' south

Note—

The mainland at high water intersects latitude 19º47.478' south on the western side of Cape Upstart.

•then southerly along the mangrove line for the mangrove forest that adjoins the western side of Cape Upstart to where the outer boundary of the forest intersects latitude 19º49.572' south

•then east along latitude 19º49.572' south to where it intersects the mainland at high water

•then northerly along the mainland at high water to where it intersects latitude 19º47.478' south.

11QI HP-18-01 Hinchinbrook Channel

The part of Hinchinbrook Channel that is within the marine park and between the following lines—

(a)the following line—

•from where latitude 18º14.816' south intersects the mainland at high water

•then east along latitude 18º14.816' south to where it intersects the most western point of Hinchinbrook Island at high water;

(b)the following line—

•from where the mainland at high water intersects longitude 146º19.055' east

Note—

The mainland at high water intersects longitude 146º19.055' east on the southern side of the Hinchinbrook Channel.

•then north along longitude 146º19.055' east to where it intersects the southern side of Hinchinbrook Island.

Note—

Longitude 146º19.055' east intersects the southern side of Hinchinbrook Island at high water on the northern side of Hinchinbrook Channel.

12QI HP-18-02 Missionary Bay (Hinchinbrook Island)

The area within the marine park that is within the following boundary—

•from where latitude 18º13.710' south intersects the western boundary of Hinchinbrook Island National Park

Note—

Hinchinbrook Island National Park is shown as lot 436 on plan NPW697. See the Nature Conservation (Protected Areas) Regulation 1994 , schedule 2 (National parks).

•then west along latitude 18º13.710' south to where it intersects the outer boundary of the mangrove forest that adjoins the eastern side of Missionary Bay

•then southerly and westerly along the mangrove line for the mangrove forest that adjoins the eastern side of Missionary Bay to where outer boundary of the forest intersects longitude 146º11.088' east

•then south along longitude 146º11.088' east to where it intersects the northern boundary of Hinchinbrook Island National Park

•then easterly and northerly along the boundary of Hinchinbrook Island National Park to where the western boundary of the national park intersects latitude 18º13.710' south.

13QI HP-15-03 Fritz Creek (south of Rattlesnake Point)

The part of Fritz Creek that is within the marine park and upstream of the line worked out by reference to the following points—

(a)latitude 15º50.886' south, longitude 145º22.428' east;

(b)latitude 15º50.874' south, longitude 155º22.446' east.

Note—

The line worked out by reference to latitude 15º50.886' south, longitude 145º22.428' east and latitude 15º50.874' south, longitude 155º22.446' east crosses the mouth of Fritz Creek at high water.

14QI HP-15-14 West of Cape Bedford

The part of the marine park that is within the following boundary—

•from where the mainland at H.A.T. intersects latitude 15º14.778' south on the western side of Cape Bedford

•then west along latitude 15º14.778' south to where it intersects the outer boundary of the mangrove forest that adjoins the western side of Cape Bedford

•then south-westerly along the mangrove line for the mangrove forest that adjoins the western side of Cape Bedford to where the outer boundary of the forest intersects latitude 15º15.366' south on the western side of Cape Bedford

•then east along latitude 15º15.366' south to where it intersects the mainland at H.A.T. on the western side of Cape Bedford

•then north-easterly along the mainland at H.A.T. to where it intersects latitude 15º14.778' south on the western side of Cape Bedford.

15QI HP-14-01 West of Cape Flattery port area

The part of the marine park that is within the following boundary—

•from latitude 14º56.178' south, longitude 145º18.006' east

•then southerly along a geodesic to latitude 14º57.156' south, longitude 145º18.005' east

Note—

Latitude 14º57.156' south, longitude 145º18.005' east is near the western boundary of the Cape Flattery port area.

•then north-easterly along a geodesic to latitude 14º56.634' south, longitude 145º18.402' east

•then north-westerly along a geodesic to latitude 14º56.178' south, longitude 145º18.006' east.

16QI HP-14-05 East of Starcke River

The part of the marine park that is within the following boundary—

•from where the mainland at H.A.T. intersects longitude 145º12.084' east

•then westerly along the mangrove line for the mangrove forest just east of Starcke River to where the outer boundary of the forest intersects longitude 145º01.536' east

•then south along longitude 145º01.536' east to where it intersects the mainland at H.A.T.

•then easterly along the mainland at H.A.T. to where it intersects longitude 145º12.084' east.

17QI HP-14-06 Starcke River

The part of the Starcke River that is within the marine park and upstream of the following line—

•from where the mainland at H.A.T. intersects longitude 145º01.536' east

•then north along longitude 145º01.536' east to where it intersects the outer boundary of the mangrove forest at the mouth of the Starcke River

•then westerly along the mangrove line for the mangrove forest at the mouth of the Starcke River to where it intersects longitude 145º01.068' east

•then south along longitude 145º01.068' east to where it intersects the mainland at H.A.T.

18QI HP-14-07 West of Starcke River

The part of the marine park that is within the following boundary—

•from where the mainland at H.A.T. intersects longitude 145º01.068' east

•then north along longitude 145º01.068' east to where it intersects the outer boundary of the mangrove forest just west of Starcke River

•then westerly along the mangrove line for the mangrove forest just west of Starcke River to where the mainland at H.A.T. intersects longitude 144º57.246' east

•then easterly along the mainland at H.A.T. to where it intersects longitude 145º01.068' east.

schedule 1, sections 2 (2) (b), 3 and 4 (2) (c)

1QI EC-17-05 Moresby River and Mourilyan Creek

(1)The parts of the Moresby River, other than the part mentioned in subsection (2), Mourilyan Creek and their tributaries, that are within the marine park and between the following—

(a)the following line—

•from latitude 17º36.008' south, longitude 146º06.165' east

•then south-easterly along a geodesic to latitude 17º36.508' south, longitude 146º06.465' east

•then south along longitude 146º06.465' east to where it intersects latitude 17º36.908' south

•then easterly along a geodesic to latitude 17º37.208' south, longitude 146º07.865' east;

(b)latitude 17º38.802' south.

(2)For subsection (1), the estuarine conservation zone does not include the part of the Moresby River that is within the marine park and upstream of where the river joins Little Moresby Creek.

2QI EC-17-07 Johnstone River

The part of the Johnstone River that is within the marine park and upstream of the line worked out by reference to the following points—

(a)latitude 17º30.702' south, longitude 146º04.176' east;

(b)latitude 17º30.348' south, longitude 146º04.596' east.

Note—

The line worked out by reference to latitude 17º30.702' south, longitude 146º04.176' east and latitude 17º30.348' south, longitude 146º04.596' east crosses the mouth of the Johnstone River at H.A.T.

3QI EC-17-08 Mutchero Inlet, Russell River and Mulgrave River

The parts of Mutchero Inlet, the Russell River, other than the part south of latitude 17º14.904' south, and the Mulgrave River, that are within the marine park and upstream of the line worked out by reference to the following points—

(a)latitude 17º13.416' south, longitude 145º58.272' east;

(b)latitude 17º13.320' south, longitude 145º58.128' east.

Note—

The line worked out by reference to latitude 17º13.416' south, longitude 145º58.272' east and latitude 17º13.320' south, longitude 145º58.128' east crosses the mouth of Mutchero Inlet at H.A.T.

4QI EC-16-01 Trinity Inlet

(1)The part of Trinity Inlet that is within the following areas—

(a)the part of the marine park that is within the Trinity Inlet fish habitat area, other than the part mentioned in subsection (2);

(b)the parts of the marine park that are within the following lots—

(i)lots 1 to 4 on plan C19823;

(ii)lot 92 on plan NR3051;

(iii)lot 146 on SP129134;

(iv)lot 151 on plan NR4172.

(2)For subsection (1) (a), the estuarine conservation zone does not include the part of Trinity Inlet fish habitat area that is within the marine park and within the following boundary—

•from the most eastern point of the southern bank at the mouth of the Barron River at H.A.T.

Note—

The most eastern point of the southern bank at the mouth of the Barron River at H.A.T. is approximately latitude 16º51.834' south, longitude 145º46.020' east.

•then easterly along the geodesic that passes through the following points—

(a)the most eastern point of the southern bank at the mouth of the Barron River at H.A.T.;

(b)the most northern point of False Cape at H.A.T.;

Note—

The most northern point of the False Cape at H.A.T. is approximately latitude 16º52.254' south, longitude 145º50.904' east.

to where the geodesic intersects the western boundary of the main shipping channel shown on plan FHA-003 [Revision 2]

•then southerly along the western boundary of the main shipping channel to where it meets the southern boundary of the Trinity Inlet fish habitat area

•then westerly along the southern boundary of the Trinity Inlet fish habitat area to where it meets the mainland at L.A.T.

•then generally northerly along the mainland at L.A.T. to where it meets the northern boundary of the Trinity Inlet fish habitat area

Note—

The mainland at L.A.T. meets the northern boundary of the Trinity Inlet fish habitat area at Ellie Point.

•then westerly along the northern boundary of the Trinity Inlet fish habitat area to where it meets the most eastern point of the southern bank at the mouth of the Barron River at H.A.T.

(3)In this section—

Trinity Inlet fish habitat area means the Trinity Inlet fish habitat area—

(a)declared under the Fisheries Regulation; and

(b)as it was immediately before the commencement of this schedule.

Note—

The Trinity Inlet fish habitat area as it was immediately before the commencement of this schedule is shown on plan FHA-003 [Revision 2].

5QI EC-16-03 Barron River and Redden Creek

The following areas—

(a)the part of the Barron River that is within the marine park and upstream of the following line—

•from the most eastern point of the southern bank at the mouth of the Barron River at H.A.T.

Note—

The most eastern point of the southern bank at the mouth of the Barron River at H.A.T. is at approximately latitude 16º52.254' south, longitude 145º46.002' east.

•then north-westerly along a geodesic to the most eastern point of the northern bank at the mouth of the Barron River at H.A.T.;

Note—

The most eastern point of the northern bank at the mouth of the Barron River at H.A.T. is at approximately latitude 16º51.834 ' south, longitude 145º45.810' east.

(b)the part of Redden Creek that is within the marine park and upstream of the following line—

•from the most eastern point on the southern bank at the mouth of Redden Creek at H.A.T.

Note—

The most eastern point on the southern bank at the mouth of Redden Creek at H.A.T. is at approximately latitude 16º51.312' south, longitude 145º45.204' east.

•then north-westerly along a geodesic to the most eastern point on the northern bank at the mouth of Redden Creek at H.A.T.

Note—

The most eastern point of the northern bank at the mouth of Redden Creek at H.A.T. is at approximately latitude 16º51.288' south, longitude 145º45.186' east.

6QI EC-16-04 Barr Creek

The part of Barr Creek that is within the marine park and upstream of the line worked out by reference to the following points—

(a)latitude 16º50.742' south, longitude 145º44.718' east;

(b)latitude 16º50.724' south, longitude 145º44.646' east.

Note—

The line worked out by reference to latitude 16º50.742' south, longitude 145º44.718' east and latitude 16º50.724' south, longitude 145º44.646' east crosses the mouth of Barr Creek at H.A.T.

7QI EC-16-05 Yorkeys Creek, Thomatis Creek and Richters Creek

The parts of Yorkeys Creek, Thomatis Creek and Richters Creek that are within the marine park and upstream of the following line—

•from the most northern point of the eastern bank at Thomatis Creek at H.A.T.

Note—

The most northern point of the eastern bank at the mouth of Thomatis Creek at H.A.T. is approximately latitude 16º49.326' south, longitude 145º44.004' east.

•then south-westerly along a geodesic to the most northern point of the western bank at the mouth of Thomatis Creek at H.A.T.

Note—

The most northern point of the western bank at the mouth of Thomatis Creek at H.A.T. is approximately latitude 16º49.356' south, longitude 145º43.962' east and meets the southern bank of Yorkeys Creek.

•then northerly across the mouth of Yorkeys Creek to where the mouth meets the south-eastern corner of lot 105 on AP7001.

Note—

The mouth of Yorkeys Creek meets the south-eastern corner of lot 105 on AP7001 at approximately latitude 16º49.134' south, longitude 145º43.908' east.

8QI EC-16-06 Half Moon Creek

The part of Half Moon Creek that is within the marine park and upstream of the line worked out by reference to the following points—

(a)latitude 16º48.114' south, longitude 145º42.810' east;

(b)latitude 16º48.084' south, longitude 145º42.804' east.

Note—

The line worked out by reference to latitude 16º48.114' south, longitude 145º42.810' east and latitude 16º48.084' south, longitude 145º42.804' east crosses the mouth of Half Moon Creek at H.A.T.

9QI EC-16-08 Mowbray River

The part of the Mowbray River that is within the marine park and upstream of the following line—

•from latitude 16º32.460' south, longitude 145º29.298' east

•then westerly along a geodesic to latitude 16º32.442' south, longitude 145º29.172' east

•then northerly along the relevant mangrove line to latitude 16º31.824' south, longitude 145º28.674' east.

10QI EC-16-09 Dickson Inlet and Packer’s Creek

The parts of Dickson Inlet and Packer’s Creek that are within the marine park and upstream of the following line—

•from latitude 16º28.920' south, longitude 145º27.630' east

•then westerly along a geodesic to latitude 16º28.920' south, longitude 145º27.414' east

•then generally northerly along the relevant mangrove line to latitude 16º27.240' south, longitude 145º24.594' east.

11QI EC-16-10 Mossman River

The part of the Mossman River that is within the marine park and upstream of the line worked out by reference to the following points—

(a)latitude 16º26.064' south, longitude 145º24.372' east;

(b)latitude 16º25.992' south, longitude 145º24.330' east.

Note—

The line worked out by reference to latitude 16º26.064' south, longitude 145º24.372' east and latitude 16º25.992' south, longitude 145º24.330' east crosses the mouth of the Mossman River at H.A.T.

12QI EC-16-11 Saltwater Creek

The part of Saltwater Creek that is within the marine park and upstream of the following line—

•from the south-eastern corner of lot 5 on plan SR906

Note—

The south-eastern corner lot 5 on plan SR906 meets the mainland at H.A.T.

•then northerly along the mainland at H.A.T. to where it intersects the southern bank at the mouth of Saltwater Creek

Note—

The southern bank at the mouth of Saltwater Creek at H.A.T. is at approximately latitude 16º24.702' south, longitude 145º24.534' east.

•then northerly along a geodesic to where the mainland at H.A.T. intersects the northern bank at the mouth of Saltwater Creek

Note—

The northern bank at the mouth of Saltwater Creek at H.A.T. is at approximately latitude 16º24.618' south, longitude 145º24.54' east.

•then northerly along the mainland at H.A.T. to where it intersects latitude 16º23.658' south.

13QI EC-15-08 Walker Bay (south of Annan River)

The part of the marine park that is within the following boundary—

•from where the mainland at H.A.T. intersects longitude 145º18.312' east

Note—

The mainland at H.A.T. intersects longitude 145º18.312' east on the eastern side of Walker Bay.

•then generally westerly along the relevant mangrove line to where the mainland at H.A.T. intersects longitude 145º17.400' east

Note—

The mainland at H.A.T. intersects longitude 145º17.400' east on the southern side of Walker Bay.

•then north-easterly along the mainland at H.A.T. to where it intersects longitude 145º18.312' east.

14QI EC-15-09 Annan River

The part of the Annan River that is within the marine park and upstream of the line worked out by reference to the following points—

(a)latitude 15º31.866' south, longitude 145º16.182' east;

(b)latitude 15º31.746' south, longitude 145º16.224' east.

Note—

The line worked out by reference to latitude 15º31.866' south, longitude 145º16.182' east and latitude 15º31.746' south, longitude 145º16.224' east crosses the mouth of the Annan River at high water.

15QI EC-15-11 Endeavour River

(1)The part of the Endeavour River, other than a part mentioned in subsection (2), that is within the marine park and upstream of the following line—

•from the most southern point of the mainland at Point Saunders at H.A.T.

•then south easterly along a geodesic to latitude 15º27.719' south, longitude 145º14.483' east

•then southerly along a geodesic to the most western point of the outer boundary of the mangrove forest that adjoins the eastern bank of the middle mouth of Chinamans Creek

•then south-easterly along a geodesic to the point where the old railway line that ran along the southern bank of the Endeavour River intersects the line that extends the southern boundary of Furneaux Street at Cooktown across the Endeavour River.

(2)For subsection (1), the estuarine conservation zone does not include the following areas—

(a)the part of the Endeavour River that is within the marine park and upstream of the line that runs across the Endeavour River at longitude 145º13.266' east;

(b)the part of the northern anabranch of the Endeavour River that is within the marine park and upstream of the following line—

•from latitude 15º27.456' south, longitude 145º14.160' east

•then south-easterly along a geodesic to latitude 15º27.630' south, longitude 145º14.352' east.

s 15 amd 2005 SL No. 12 s 12

schedule 1, sections 4 (1) (c) and 7 (2) (c)

1QI CP-22-10 Sabina Point (Shoalwater Bay)

The part of the marine park that is within the following boundary—

•from where the mainland at high water intersects latitude 22º24.756' south

Note—

The mainland at high water intersects latitude 22º24.756' south at Rocky Creek (just south of Sabina Point).

•then east along latitude 22º24.756' south to where it intersects the coastal 500m high water line around the mainland

•then northerly along the coastal 500m high water line around the mainland to where it intersects longitude 150º16.794' east

•then south along longitude 150º16.794' east to where it intersects the mainland at high water

•then easterly and southerly along the mainland at high water to where it intersects latitude 22º24.756' south.

2QI CP-22-11 MacDonald Point

The part of the marine park that is within the following boundary—

•from where the mainland at high water intersects latitude 22º20.430' south on the western side of Shoalwater Bay

•then east along latitude 22º20.430' south to where it intersects the coastal 500m high water line around the mainland

•then northerly along the coastal 500m high water line around the mainland to where it intersects longitude 150º10.536' east

•then south along longitude 150º10.536' east to where it intersects the mainland at high water

Note—

Longitude 150º10.536' east intersects the mainland at high water near the Shoalwater Bay Regional Park.
The Shoalwater Bay Regional Park is shown as lot 501 on plan NPW699. See the Nature Conservation (Protected Areas) Regulation 1994 , schedule 3 (Regional parks).

•then easterly and southerly along the mainland at high water to where it intersects latitude 22º20.430' south on the western side of Shoalwater Bay.

3QI CP-21-01 Bamborough Island (Duke Islands)

The part of the marine park that is landward of the coastal 500m line around Bamborough Island.

4QI CP-17-09 Russell River

The part of the Russell River that is within the marine park and upstream of latitude 17º14.904' south.

5QI CP-16-12 Daintree River

The part of the Daintree River, other than a part south of latitude 16º17.502' south, that is within the marine park and upstream of the line worked out by reference to the following points—

(a)latitude 16º17.370' south, longitude 145º26.874' east;

(b)latitude 16º17.310' south, longitude 145º27.324' east.

Note—

The line worked out by reference to latitude 16º17.370' south, longitude 145º26.874' east and latitude 16º17.310' south, longitude 145º27.324' east crosses the mouth of the Daintree River at H.A.T.

6QI CP-15-12 Endeavour River

The part of the Endeavour River that is within the marine park and upstream of longitude 145º13.266' east.

schedule 1, sections 2 (2) (c) and 7 (1) (c)

1QI MNP-17-02 North Maria Creek

The part of North Maria Creek that is within the marine park and upstream of the most western point where the northern boundary of Maria Creek National Park crosses the creek.

Note—

Maria Creek National Park is shown as lot 1445 on plan NPW191.See the Nature Conservation (Protected Areas) Regulation 1994 , schedule 2 (National parks).

2MNP-17-06 Mourilyan Creek

The part of Mourilyan Creek that is within the marine park and between the latitude 17º38.902' south and latitude 17º40.908' south.

3QI MNP-16-13 Daintree River

The part of the Daintree River that is within the marine park and south of latitude 16º17.502' south.

section 28 (5), definition conservation park line fishing area

1QI CP-17-09 Russell River

The part of the Russell River that is within the marine park and between the following—

(a)latitude 17º14.904' south;

(b)the line that is 500m downstream from where the Russell River intersects Babinda Creek.

2QI CP-16-13 Daintree River

The part of the Daintree River, other than a part south of latitude 16º17.502' south, that is within the marine park and upstream of the line worked out by reference to the following points—

(a)latitude 16º17.370' south, longitude 145º26.874' east;

(b)latitude 16º17.310' south, longitude 145º27.324' east.

Note—

The line worked out by reference to latitude 16º17.370' south, longitude 145º26.874' east and latitude 16º17.310' south, longitude 145º27.324' east crosses the mouth of the Daintree River at H.A.T.

3QI CP-15-01 Bloomfield (Banner Yearie) River

The part of the Bloomfield (Banner Yearie) River that is within the marine park and upstream of the line worked out by reference to the following points—

(a)latitude 15º55.362' south, longitude 145º21.780' east;

(b)latitude 15º55.284' south, longitude 145º21.762' east.

Note—

The line worked out by reference to latitude 15º55.362' south, longitude 145º21.780' east and latitude 15º55.284' south, longitude 145º21.762' east crosses the mouth of the Bloomfield (Banner Yearie) River at H.A.T.

4QI CP-15-02 Bauer Inlet

The part of Bauer Inlet that is within the marine park and upstream of the line worked out by reference to the following points—

(a)latitude 15º52.422' south, longitude 145º21.750' east;

(b)latitude 15º52.404' south, longitude 145º21.768' east.

Note—

The line worked out by reference to latitude 15º52.422' south, longitude 145º21.750' east and latitude 15º52.404' south, longitude 145º21.768' east crosses the mouth of Bauer Inlet at H.A.T.

5QI CP-15-12 Endeavour River

The part of the Endeavour River that is within the marine park and upstream of longitude 145º13.266' east.

6QI CP-15-15 McIvor River

The part of the McIvor River that is within the marine park and upstream of the line worked out by reference to the following points—

(a)latitude 15º08.394' south, longitude 145º14.058' east;

(b)latitude 15º08.376' south, longitude 145º14.166' east.

Note—

The line worked out by reference to latitude 15º08.394' south, longitude 145º14.058' east and latitude 15º08.376' south, longitude 145º14.166' east crosses the mouth of the McIvor River at H.A.T.

sch 7 amd 2011 SL No. 257 s 5

sections 44 (1), 47 (1), 50 (1), 54 (1), 57 (1), 62 (1), 65, 68, 71, 74 (1), 79, 82 (1) and 86 (1)

1Area within Commonwealth remote natural area

The area of the marine park within the Commonwealth remote natural area.

2Area extending Commonwealth remote natural area

The area within the marine park worked out by extending the part of the Commonwealth remote natural area that is at the State at low water to the landward boundary of the marine park.

1Areas within Commonwealth shipping areas

The areas of the marine park within a Commonwealth shipping area.

2Areas extending Commonwealth shipping areas

The areas within the marine park worked out by extending each Commonwealth shipping area that is at the State at low water to the landward boundary of the marine park.

1Area within Commonwealth Princess Charlotte Bay special management area

The area of the marine park that is within the Commonwealth Princess Charlotte Bay special management area.

2Area extending Commonwealth Princess Charlotte Bay special management area

The area within the marine park worked out by extending the part of the Commonwealth Princess Charlotte Bay special management area that is at the State at low water to the landward boundary of the marine park.

1Species conservation (dugong protection) special management areas

The areas within the marine park that are within an area mentioned in the Fisheries Regulation, chapter 2, part 11 or 12.

s 1 amd 2008 SL No. 83 s 734

1Areas within Commonwealth restricted access special management areas

The areas of the marine park within a Commonwealth restricted access special management area.

2Areas extending Commonwealth restricted access special management areas

The areas within the marine park worked out by extending each Commonwealth restricted access special management area that is at the State at low water to the landward boundary of the marine park.

1Areas within Commonwealth public appreciation special management areas

The areas of the marine park that are within a Commonwealth public appreciation special management area.

2Areas extending Commonwealth public appreciation special management areas

The areas within the marine park worked out by extending each Commonwealth public appreciation special management area that is at the State at low water to the landward boundary of the marine park.

1Areas within marine national park zone

The area consisting of the areas within the marine national park zone.

1Areas within conservation park zone

The area consisting of the areas within the conservation park zone.

1Areas within buffer zone

The area consisting of the areas within the buffer zone.

1Areas within Commonwealth fisheries experimental areas

The areas of the marine park that are within a Commonwealth fisheries experimental area.

2Areas extending Commonwealth fisheries experimental areas

The areas within the marine park worked out by extending each Commonwealth fisheries experimental area that is at the State at low water to the landward boundary of the marine park.

1Eagle Island at Eyrie Reef

The beach adjoining Eagle Island at Eyrie Reef (14-118).

2Mackay Reef Cay

The beach adjoining Mackay Reef Cay (16-015).

3Woody Island on Low Islets Reef

Woody Island on Low Islets Reef (16-028).

4Undine Reef Cay

The beach adjoining Undine Reef Cay (16-020a).

5Sudbury Cay on Sudbury Reef

The beach adjoining the Sudbury Cay on Sudbury Reef (17-001a).

6Sisters Island on South Barnard Islands

The beach adjoining Sisters Island on South Barnard Islands (17-046).

7Beaver Cay on Beaver Reef

The beach adjoining Beaver Cay on Beaver Reef (17-051).

8Taylor Cay on Taylor Reef

The beach adjoining Taylor Cay on Taylor Reef (17-064).

9Pelican Rock

The beach adjoining Pelican Rock (22-074).

10Gannett Cay on Gannett Cay Reef

The beach adjoining Gannett Cay on Gannett Cay Reef (21-556).

11Riptide Cay on Riptide Cay Reef

The beach adjoining Riptide Cay on Riptide Cay Reef (21-172).

12Twin (Thomas) Cay on Twin (Thomas) Cay Reef

The beach adjoining Twin (Thomas) Cay on Twin (Thomas) Cay Reef (21-497).

13Distant Cay on Distant Cay Reef

The beach adjoining Distant Cay on Distant Cay Reef (21-206).

14Bacchi Cay on Bacchi Cay Reef

The beach adjoining Bacchi Cay on Bacchi Cay Reef (21-495).

15Frigate Cay on Frigate Cay Reef

The beach adjoining Frigate Cay on Frigate Cay Reef (21-511).

16Turtle (Bylund Cay) on Turtle (Bylund Cay) Reef

The beach adjoining Turtle (Bylund Cay) on Turtle (Bylund Cay) Reef (21-519).

17Price Cay on Price Cay Reef

The beach adjoining Price Cay on Price Cay Reef (21-518).

18Fairfax Islands on the Fairfax Islands Reef

The beach adjoining Fairfax Islands on the Fairfax Islands Reef (23-181).

19Hoskyn Islands on the Hoskyn Islands Reef

The beach adjoining Hoskyn Islands on the Hoskyn Islands Reef (23-080).

1Michaelmas Cay restricted access area

The part of Michaelmas Cay that is between high water and low water.

1Cape Bowling Green

The area of the marine park that is within the following boundary—

•from where latitude 19º18.648' south intersects the mainland at high water on the western side of Cape Bowling Green

•then west along latitude 19º18.648' south to where it intersects the mangrove 500m line around the mangrove forest that adjoins the western side of Cape Bowling Green

•then southerly along the mangrove 500m line around the mangrove forest that adjoins the western side of Cape Bowling Green to where it intersects latitude 19º22.611' south

•then east along latitude 19º22.611' south to where it intersects the mainland at high water on the western side of Cape Bowling Green

•then northerly along the mainland at high water to where it intersects latitude 19º18.648' on the western side of Cape Bowling Green.

2Bowling Green Bay

The area of the marine park that is within the following boundary—

•from where longitude 147º15.684' east intersects the mainland at high water

•then north along longitude 147º15.684' east to where it intersects the mangrove 500m line around the mangrove forest that adjoins the southern side of Bowling Green Bay

•then westerly along the mangrove 500m line around the mangrove forest that adjoins the southern side of Bowling Green Bay to where it intersects latitude 19º23.282' south

•then west along latitude 19º23.282' south to where it intersects the mainland at high water

Note—

Latitude 19º23.282' south intersects the mainland at high water on the western side of Bowling Green Bay.

•then easterly along the mainland at high water to where it intersects longitude 147º15.684' east.

3Cleveland Bay

The area of the marine park that is within the following boundary—

•from where latitude 19º16.662' south intersects the outer boundary of the mangrove forest that adjoins the eastern side of Cleveland Bay

•then west along latitude 19º16.662' south to where it intersects the mangrove 500m line around the mangrove forest that adjoins the southern side of Cleveland Bay

•then westerly along the mangrove 500m line around the mangrove forest that adjoins the southern side of Cleveland Bay to where it intersects longitude 146º51.876' east

•then south along longitude 146º51.876' east to where it intersects the outer boundary of the mangrove forest that adjoins the southern side of Cleveland Bay

•then easterly along the relevant mangrove line to latitude 19º18.138' south, longitude 146º55.584' east

Note—

Latitude 19º18.138' south, longitude 146º55.584' east is on the western side of the mouth of Alligator Creek.

•then easterly along a geodesic to latitude 19º18.132' south, longitude 146º55.668' east

Note—

Latitude 19º18.132' south, longitude 146º55.668' east is on the eastern side of the mouth of Alligator Creek.

•then easterly along the relevant mangrove line to latitude 19º18.132' south, longitude 146º57.318' east

Note—

Latitude 19º18.132' south, longitude 146º57.318' east is on the western side of the mouth of Crocodile Creek.

•then easterly along a geodesic to latitude 19º18.108' south, longitude 146º57.498' east

Note—

Latitude 19º18.108' south, longitude 146º57.498' east is on the eastern side of the mouth of Crocodile Creek.

•then easterly along the mangrove line for the mangrove forest that adjoins the eastern side of Cleveland Bay to where the outer boundary of the forest intersects latitude 19º16.662' south.

4Missionary Bay (Hinchinbrook Island)

The area of the marine park that is within the following boundary—

•from where latitude 18º13.986' south intersects the northern boundary of HinchinBrook Island National Park

Note—

Latitude 18º13.986' south intersects the northern boundary of HinchinBrook Island National Park on the eastern side of Missionary Bay.
Hinchinbrook Island National Park is shown as lot 436 on plan NPW697. See the Nature Conservation (Protected Areas) Regulation 1994 , schedule 2 (National parks).

•then west along latitude 18º13.986' south to where it intersects the mangrove 500m line around the mangrove forest that adjoins Missionary Bay

•then southerly along mangrove 500m line around the mangrove forest that adjoins Missionary Bay to where it intersects longitude 146º12.552' east

•then south along longitude 146º12.552' east to where it intersects the northern boundary of HinchinBrook Island National Park

Note—

Longitude 146º12.552' east intersects the northern boundary of HinchinBrook Island National Park on the southern side of Missionary Bay.

•then generally north-easterly along the northern boundary of HinchinBrook Island National Park to where it intersects latitude 18º13.986' south.

section 81 (3), definition closed period , paragraph (a)

section 91

Note—

A copy of plan number CC1502 is available for inspection during office hours on business days at the following offices—

•the office of the Department of Agriculture, Fisheries and Forestry at 80 Ann Street, Brisbane;

•the office of the Department of Environment and Heritage Protection at Old Quarantine Station, Cape Pallarenda Road, Townsville.

sch 10 amd 2005 SL No. 12 s 13

section 3 (1)

accredited harvest fishery means a harvest fishery that has been accredited by the chief executive under the Regulation, part 5, division 4.

def accredited harvest fishery amd 2006 SL No. 224 s 21(3)

accredited traditional use of marine resources agreement means a traditional use of marine resources agreement that has been accredited by the chief executive under this plan.

at, the State at low water, includes—

(a)adjoining the State at low water; and

(b)covering the State at low water.

bait gathering means taking, in compliance with the Fisheries Act 1994 , yabbies, eugaries, worms, or crabs, by hand or by using a hand held implement.

bait netting means bait netting using only—

(a)for a recreational fisher under the Fisheries Regulation—a cast, scoop or seine net complying with chapter 4, part 1, division 4 of that regulation; or

(b)for a commercial fisher—a cast net or mesh net complying with the Fisheries Regulation, chapter 9, part 5.

def bait netting ins 2011 SL No. 257 s 6

beach means tidal land to the extent it is not submerged by tidal waters.

Cairns/Cooktown Management Area means the area consisting of the areas mentioned and described in the Declaration Regulation, schedule 2, part 4.

def Cairns/Cooktown Management Area amd 2006 SL No. 224 s 21(4)

chief executive (fisheries) means the chief executive of the department in which the Fisheries Act 1994 is administered.

coastal 100m line—

1

The coastal 100m line around the mainland is the line every point of which is 100m seaward from the mainland at low water.

2

However, to the extent there is a fringing reef around the mainland, the coastal 100m line is the line every point of which is 100m seaward from the seaward edge of the fringing reef.

coastal 500m high water line, around the mainland, is the line every point of which is 500m seaward from the mainland at high water.

coastal 500m line—

1

The coastal 500m line around an island or the mainland is the line every point of which is 500m seaward from the island or the mainland at low water.

2

However, to the extent there is a fringing reef around the island or the mainland, the coastal 500m line is the line every point of which is 500m seaward from the seaward edge of the fringing reef.

commercial fisher means a commercial fisher under the Fisheries Regulation.

def commercial fisher ins 2011 SL No. 257 s 6

Commonwealth Act means the Great Barrier Reef Marine Park Act 1975 (Cwlth).

Commonwealth area means an area mentioned in—

(a)the Commonwealth Zoning Plan, schedule 1; or

(b)the Commonwealth Regulation, table 52 or 57.

Commonwealth buffer zone means the buffer zone under the Commonwealth Zoning Plan.

Commonwealth conservation park zone means the conservation park zone under the Commonwealth Zoning Plan.

Commonwealth fisheries experimental area means an area mentioned and described the Commonwealth Zoning Plan, schedule 1, part 11.

Commonwealth general use zone means the general use zone under the Commonwealth Zoning Plan.

Commonwealth habitat protection zone means the habitat protection zone under the Commonwealth Zoning Plan.

Commonwealth marine national park zone means the marine national park zone under the Commonwealth Zoning Plan.

Commonwealth preservation zone means the preservation zone under the Commonwealth Zoning Plan.

Commonwealth Princess Charlotte Bay special management area means the area described in the Commonwealth Zoning Plan, schedule 1, part 2, item 2.97.

Commonwealth public appreciation special management area means an area mentioned and described in the Commonwealth Regulation, table 57.

Commonwealth Regulation means the Great Barrier Reef Marine Park Regulations 1983 (Cwlth).

Commonwealth remote natural area means the area mentioned and described in the Commonwealth Zoning Plan, schedule 1, part 9.

Commonwealth restricted access special management area means an area mentioned and described in the Commonwealth Regulation, table 52.

Commonwealth scientific research zone means the scientific research zone under the Commonwealth Zoning Plan.

Commonwealth shipping area means an area mentioned in the Commonwealth Zoning Plan, section 4.1.1.

Commonwealth Zoning Plan means the Great Barrier Reef Marine Park Zoning Plan 2003 (Cwlth) prepared under the Commonwealth Act, section 32.

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.

designated area means an area set aside under part 3.

dory means a commercial fishing boat identified in a tender commercial fishing boat licence issued under the Fisheries Regulation.

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 or scientific value, interest or amenity.

eugarie means a mollusc of the species Plebidonax deltoides.

Fisheries Regulation means the Fisheries Regulation 2008 .

def Fisheries Regulation sub 2008 SL No. 83 s 735

former licence, for a primary commercial fishing boat licence (the current licence), means a licence that was replaced or renewed by the current licence, including, for example, because the former licence expired or was surrendered.

fringing reef, in relation to an island or the mainland, means a reef that adjoins, overlaps or is in close proximity to the island or the mainland at low water.

GBR Coast Marine Park means the Great Barrier Reef Coast Marine Park described in the Declaration Regulation, schedule 2.

def GBR Coast Marine Park amd 2006 SL No. 224 s 21(5)

H.A.T. means highest astronomical tide.

highest astronomical tide means the highest level of the tides that can be predicted to occur under average meteorological conditions and under any combination of astronomical conditions.

high water means the mean height of the highest high water at spring tide.

holder, of an accreditation of a traditional use of marine resources agreement, means each member of the traditional owner group in whose name the application for the accreditation was made.

L.A.T. means lowest astronomical tide.

lowest astronomical tide means the lowest level of the tides that can be predicted to occur under average meteorological conditions and under any combination of astronomical conditions.

low water means the mean height of the lowest low water at spring tide.

Mackay/Capricorn Management Area means the area consisting of the areas mentioned and described in the Declaration Regulation, schedule 2, part 2.

def Mackay/Capricorn Management Area amd 2006 SL No. 224 s 21(6)

mangrove 500m line, around a mangrove forest, means the line every point of which is 500m seaward from the outer boundary of the forest.

mangrove forest means a community of mangroves that—

(a)has a continuous canopy; and

(b)an obvious outer boundary.

mangrove line, for a mangrove forest, means a line that—

(a)runs along the outer boundary of the forest; and

(b)at each point where there is a gap in the outer boundary of the forest, runs along—

(i)if the gap is caused by a mouth of a river, creek or stream—the line that joins 1 side of the river, creek or stream to the other side by running in the general trend of the outer boundary of the forest; or

(ii)if subparagraph (i) does not apply—

(A)if the gap is near the mainland—the mainland at high water; or

(B)if the gap is near an island—the island at high water.

Marine Park Authority means the Great Barrier Reef Marine Park Authority established under the Commonwealth Act, section 6.

natural resources means the natural and physical features and processes of the environment, including living organisms, soil, water, minerals and air.

outer boundary—

1

The outer boundary of a mangrove forest is the boundary formed by the line that connects the trunks of the outermost mangroves in the forest.

2For paragraph 1, the line that connects the trunks of the outermost mangroves in the forest must disregard any prop roots that extend further out from the trunk of any of the mangroves.

def outer boundary ins 2005 SL No. 12 s 14

oyster—

(a)means a mollusc of the family Ostreidae; and

(b)includes an oyster that is not in its shell.

def oyster ins 2005 SL No. 12 s 14

oyster gathering means taking oysters in compliance with the Fisheries Act 1994 .

def oyster gathering ins 2005 SL No. 12 s 14

permissible purpose means—

(a)for a zone—a purpose for which the Commonwealth zone of the same class may be used or entered with written permission of the Marine Park Authority; or

(b)for a designated area—a purpose for which the Commonwealth designated area of the same type may be used or entered with written permission of the Marine Park Authority.

permission means a permission to enter or use an area within the marine park, granted by the chief executive under the Regulation, part 3.

def permission amd 2006 SL No. 224 s 21(7)

permitted purpose means—

(a)for a zone—a purpose for which the Commonwealth zone of the same class may be used or entered without permission of, or notification to, the Marine Park Authority; or

(b)for a designated area—a purpose for which the Commonwealth designated area of the same type may be used or entered without permission of, or notification to, the Marine Park Authority.

prescribed exploration area means an area that is—

(a)within the Mackay/Capricorn Management Area; and

(b)not within the Great Barrier Reef Region as defined under the Commonwealth Act, section 3 (1).

prescribed matters, for a traditional use of marine resources agreement, means all of the following—

(a)the area of the marine park in relation to which the agreement is to operate;

(b)the names, or other means of identifying, the persons who are covered by the agreement;

(c)the name and address of a person to whom correspondence can be sent on behalf of the traditional owner group for which the agreement is made;

(d)a detailed description of the area and traditional use of marine resources to be covered by the agreement, including a description of the activities proposed to be undertaken at stated locations within the area;

(e)the animal species that are proposed to be harvested and, if those species include 1 or more protected species, how many specimens of each protected species is proposed to be harvested;

(f)the management arrangements proposed by the traditional owner group for implementation of the agreement, including, in particular, the proposed role of the traditional owner group in ensuring compliance with the provisions of the agreement;

(g)the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the agreement, including, in particular, the recording and reporting of information about the taking of protected species;

(h)a statement about the process used to develop the agreement by the traditional owner group, including, for example, any consultation with government authorities and interested persons;

(i)any other information the chief executive reasonably requires by giving written notice to the traditional owner group for which the agreement is made.

prescribed PCB area means the area that is formed by the following—

(a)latitude 14º00.000' south;

(b)latitude 14º30.000' south;

(c)longitude 143º30.000' east;

(d)longitude 144º30.000' east.

primary commercial fishing boat means a commercial fishing boat identified in a primary commercial fishing boat licence.

primary commercial fishing boat licence means a primary commercial fishing boat licence issued under the Fisheries Regulation.

relevant boundary, of a Commonwealth area, means a boundary of the area that meets the landward boundary of the area.

relevant primary boat, for a dory, means the primary commercial fishing boat identified in the tender commercial fishing boat licence in which the dory is identified.

relevant return, for an applicant, means a return, or part of a return, that—

(a)relates to netting carried out under the primary commercial fishing boat licence held by the applicant during the period starting on 1 January 1988 and ending on 31 December 1999; and

(b)was given by the applicant to—

(i)the chief executive (fisheries) or the former Queensland Fisheries Management Authority under the Fisheries Act 1994 ; or

(ii)the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 .

representative Aboriginal/Torres Strait Islander body has the meaning given by the Native Title Act 1993 (Cwlth).

tender commercial fishing boat licence means a tender commercial fishing boat licence issued under the Fisheries Regulation.

the Declaration Regulation means the Marine Parks (Declaration) Regulation 2006 .

def the Declaration Regulation ins 2006 SL No. 224 s 21(2)

the marine park means the Great Barrier Reef Coast Marine Park described in the Declaration Regulation, schedule 2.

def the marine park amd 2006 SL No. 224 s 21(5)

the regulation ...

def the regulation om 2006 SL No. 224 s 21(1)

the Regulation means the Marine Parks Regulation 2006 .

def the Regulation ins 2006 SL No. 224 s 21(2)

this plan means this zoning plan.

traditional use of marine resources agreement—

1

A traditional use of marine resources agreement is an agreement that—

(a)is prepared by a traditional owner group; and

(b)provides for the traditional use of marine resources in a part of the marine park; and

(c)includes the prescribed matters for a traditional use of marine resources agreement.

2

However, an agreement does not fail to be a traditional use of marine resources agreement only because it does not contain all of the prescribed matters.

Trinity Inlet Segment means the part of the marine park described in the Declaration Regulation, schedule 2, part 4, section 2.

def Trinity Inlet Segment amd 2006 SL No. 224 s 21(4)

zone means a zone established under part 2.