Marine Parks Act 1982

Queensland Marine Parks Act 1982 Reprinted as in force on 17 December 2004 (includes commenced amendments up to 2004 Act No. 48) Reprint No. 1D This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2004 Act No. 31 s 169

Information about this reprint This Act is reprinted as at 17 December 2004. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland Marine Parks Act 1982 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 9 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 10 Operation of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 10A Territorial application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 11 Functions of chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 12 Definition of areas of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 13 Consideration of public submissions . . . . . . . . . . . . . . . . . . . . . . 6 14 Proposal for marine park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 15 Constituents of marine parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 16 Declaration of marine parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 17 Zoning plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 20 Public authorities to observe zoning plans . . . . . . . . . . . . . . . . . . 8 21 Amalgamation and naming of marine parks. . . . . . . . . . . . . . . . . 9 22 Revocation of marine parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 22A Publication of revocation notice . . . . . . . . . . . . . . . . . . . . . . . . . . 9 23 Chief executive’s powers re marine parks . . . . . . . . . . . . . . . . . . 10 24 Unlawful use of expression marine park . . . . . . . . . . . . . . . . . . . 10 25 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 26 General offence provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 27 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 29 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 30 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 31 Limitation on application of regulation and zoning plan . . . . . . . . 16 Endnotes 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

2 Marine Parks Act 1982 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 18 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

s1 3 s9 Marine Parks Act 1982 Marine Parks Act 1982 [as amended by all amendments that commenced on or before 17 December 2004] An Act to provide for the setting apart of tidal lands and tidal waters as marine parks and for related purposes 1 Short title This Act may be cited as the Marine Parks Act 1982 . 2 Commencement (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as is provided in subsection (1), the several provisions of this Act shall commence on the day or days appointed by proclamation in respect of the provision or provisions specified therein. 9 Definitions (1) In this Act— animals includes— (a) spat, spawn, eggs and parts of eggs; and (b) the skin, feathers, shell or other part of an animal. chief executive means the chief executive of the department. fee includes tax. inspector means a person appointed as an inspector for the purposes of this Act. marine park means an area set apart and declared under this Act as a marine park.

s 10 4 s 10A Marine Parks Act 1982 marine products includes oyster, pearl oyster, trochus, green snail, coral, coral limestone, shell-grit and star sand and— (a) all forms of indigenous plants and animals; and (b) aboriginal remains, artefacts or handicraft or traces thereof; and (c) wrecks, relics or traces thereof; and (d) all other material of which tidal land in a marine park consists. plants includes fungi, seeds and parts of plants. public authority means any department of the Government, any local government and any body or person constituted by or under an Act. public notice means a notice published— (a) in the Gazette; and (b) in a newspaper that circulates throughout Queensland. take means, in relation to marine products, remove, gather, catch, capture, kill, destroy, dredge for, raise, carry away, bring ashore, land from a vessel or otherwise or remove from a natural environment and attempt or permit any such act. tidal land means land that is submerged at any time by tidal waters. tidal waters means Queensland waters that are subject to tidal influence. 10 Operation of Act This Act binds the Crown. 10A Territorial application of Act (1) This Act applies both within and outside Queensland. (2) This Act applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.

s 11 5 s 12 Marine Parks Act 1982 11 Functions of chief executive (1) The functions of the chief executive under this Act are— (a) to assess the suitability of tidal waters and tidal land for setting apart and declaration as marine park under this Act; and (b) to recommend to the Minister with respect to— (i) areas that should be set apart and declared as marine park; (ii) marine parks that have been set apart and declared, whether under this Act or the Fisheries Act 1994 , and their management and control; (iii) regulations that should be made under this Act in relation to marine parks or any of them; and (c) to prepare proposals for submission to the Minister with respect to the setting apart and declaration of marine parks or with respect to the revocation of the setting apart and declaration of any marine park; and (d) to prepare a zoning plan in respect of each area set apart and declared as a marine park; and (e) to undertake or to arrange for the undertaking of the management and control of marine parks; and (f) to do any act or thing that is incidental to the discharge of any of the foregoing functions or that is calculated to aid the proper discharge of any of those functions. (2) In the discharge of the chief executive’s functions under this Act the chief executive shall comply with the provisions of this Act and of relevant regulations made under this Act. 12 Definition of areas of interest (1) The Minister may define an area of interest for declaration as a marine park and, by public notice, publish particulars of the area so defined and invite submissions from members of the public or of interested groups concerning— (a) the suitability of the area for the purposes of a marine park; and

s 13 6 s 14 Marine Parks Act 1982 (b) the desirability of declaring a marine park in respect of the area; and (c) the appropriate boundaries of any marine park declared in respect of the area; and (d) the zoning requirements appropriate to any marine park declared in respect of the area; and (e) the appropriate provisions for management of any marine park declared in respect of the area and of any zones of that park. (2) All submissions offered in response to a public notice shall be made to the chief executive and shall be made within the time limited by the public notice that invites them. 13 Consideration of public submissions (1) The chief executive shall consider every submission duly made in response to a public notice published under section 12 and shall report thereon to the Minister. (2) The chief executive shall, as soon as practicable— (a) prepare a proposal for a marine park to be declared in respect of the area to which the public notice relates; or (b) recommend to the Minister that a marine park be not declared in respect of the area to which the public notice relates. 14 Proposal for marine park (1) A proposal by the chief executive that a marine park should be declared shall include— (a) the name, number or other identifying designation proposed to be assigned to the park; (b) particulars of the proposed external boundaries of the park defined by means of a map or an appropriate description; (c) the reasons on which the proposal is based. (2) In preparing a proposal the chief executive shall have regard to the needs of conservation of, research in and reasonable use

s 15 7 s 17 Marine Parks Act 1982 and enjoyment by persons of the area to which the proposal relates. 15 Constituents of marine parks Where an area is set apart and declared by regulation under this Act as a marine park— (a) tidal waters within the area; and (b) tidal land within the area; and (c) the subsoil beneath such tidal land, to a depth below the surface as specified in the regulation; and (d) the airspace above the area, to a height above the surface as specified in the regulation; and (e) all marine products within the area; shall be taken to be in the marine park and, for the purposes of this Act, part of the area. 16 Declaration of marine parks The Governor in Council may, by regulation, set apart and declare an area of tidal waters or tidal land to be a marine park. 17 Zoning plans (1) A zoning plan made by the chief executive for a marine park— (a) may provide that the park shall consist of a single zone or shall be divided into 2 or more zones; (b) where the park is to be divided into 2 or more zones, shall define each zone by means of a map or an appropriate description; (c) shall assign a name or other identifying designation to the single zone or to each of the zones of which the park consists;

s 20 8 s 20 Marine Parks Act 1982 (d) shall provide for the purpose or purposes for which each zone of the park shall be entered or used or may be entered or used. (2) Provision that a zoning plan may make with respect to a marine park or any zone thereof includes— (a) provision by way of regulation; (b) provision by way of prohibition; (c) provision by way of a penalty for any contravention of or failure to comply with any provision of the plan not exceeding 100 penalty units and, in addition, where the offence is a continuing one, a daily penalty not exceeding 20 penalty units; (d) provision for the seizure and forfeiture of any thing taken or had in possession or used in connection with taking or having in possession any thing or in connection with entering any area in contravention of any provision of the plan. (3) Any contravention of or failure to comply with a provision of a zoning plan that is for the time being approved by the Governor in Council under this Act shall constitute an offence against this Act. (4) A zoning plan is subordinate legislation and does not have effect until it is approved by the Governor in Council. 20 Public authorities to observe zoning plans Where a zoning plan for the time being in force in respect of an area set apart and declared as a marine park prohibits or regulates the doing or any act that may be done by a public authority in discharge of its functions or in the exercise of its powers that act shall not be done by or on behalf of the public authority within or in respect of that area except— (a) in the case of prohibition—with the approval of the Minister first had and obtained and in accordance with the conditions (if any) to which the Minister’s approval is subject; or (b) in the case of regulation—in accordance with the provisions of the zoning plan.

s 21 9 s 22A Marine Parks Act 1982 21 Amalgamation and naming of marine parks The Governor in Council— (a) by the regulation setting apart and declaring an area as marine park may amalgamate that park and any existing marine park; (b) by regulation— (i) may amalgamate contiguous marine parks; or (ii) may amalgamate marine parks even though they are not contiguous; or (iii) may assign to a marine park a name and vary an assigned name or assign another name in lieu thereof. 22 Revocation of marine parks (1) The Governor in Council may, by regulation, revoke the setting apart and declaration of a marine park in whole or part. (2) The regulation may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation. 22A Publication of revocation notice (1) Within 10 days after the notice of motion mentioned in section 22(2) is given, the chief executive must publish notice of the proposed revocation (the revocation notice ) in— (a) a newspaper circulating in the locality of the marine park; and (b) a newspaper circulating throughout the State. (2) The revocation notice must state— (a) the marine park’s name; and (b) whether all or part of the park is to be revoked; and (c) if only part of the park is proposed to be revoked—a description, by map or otherwise, of the part of the park proposed to be revoked.

s 23 10 s 24 Marine Parks Act 1982 23 Chief executive’s powers re marine parks (1) The chief executive may— (a) undertake or cause to be undertaken within a marine park, such works as the chief executive considers necessary or desirable, having regard to the relevant zoning plan, for the conservation, proper management or, as the case may be, public enjoyment of the park or of any zone thereof; and (b) make arrangements for anything that the chief executive is required or authorised by this Act to do to be done by any officer of or person employed by a department of the Government, any local government, any body or person constituted by or under any Act, any police officers or other persons nominated by the chief executive; and (c) accept gifts, devises and bequests of property to be applied for the purposes of marine park, whether in existence at the material time or not; and (d) do any thing incidental to the proper discharge of the chief executive’s functions under this Act. (2) Where works such as are referred to in subsection (1)(a) are undertaken, by the chief executive or any other person by arrangement with chief executive, the chief executive shall ensure that they are undertaken and carried out in such a manner as will least disturb or mar the natural condition of the marine park concerned. (3) Where arrangements such as are referred to in subsection (1)(b) are made an officer or other person referred to in that paragraph authorised by the chief executive is authorised to enter upon an area set apart and declared as a marine park and do therein or in respect thereof anything to which the arrangements relate. 24 Unlawful use of expression marine park (1) A person— (a) shall not publish a statement or advertisement, oral or written; or

s 24 11 s 24 Marine Parks Act 1982 (b) shall not in Queensland do any act or take any step to cause the publication outside Queensland of a statement or advertisement; which statement or advertisement— (c) is calculated to promote the use of or a transaction concerning any land or waters in or adjacent to Queensland; and (d) includes the expression ‘marine park’ used in relation to such land or waters or part thereof either alone or in combination with any other expression; unless such land, waters or, as the case may be, part in relation to which the expression is used is or are part of a marine park. (2) Where a statement or advertisement purports to have been published by a particular person, that person shall be taken to have published the statement or advertisement until the contrary is proved. (3) It is a defence to a charge of an offence that consists partly of the doing of an act or taking a step referred to in subsection (1)(b) to prove that the statement or advertisement was not published. (4) For the purposes of this section a statement or advertisement shall be taken to be published if— (a) it is printed in a newspaper, magazine or other publication; or (b) it is publicly exhibited— (i) in, on, over or under a vehicle, vessel, building, land or other place of any kind; or (ii) in the air so as to be seen by any person who may be in or on any public place; or (c) it is contained in a document gratuitously sent or given to any person or thrown into or left upon premises occupied by any person; or (d) it is publicly announced or displayed by means of transmission of sound or light; or (e) being an oral statement, it is made by one person to another.

s 25 12 s 26 Marine Parks Act 1982 (5) This section shall not be construed to render liable for an offence defined in subsection (1) any person who publishes the statement or advertisement in question by reason only of the fact that— (a) the person is editor, printer or other person responsible for publishing a newspaper, magazine or similar publication or printing a document referred to in subsection (4)(c); or (b) the person is a person in charge of a means of transmission whereby the statement or advertisement was published. 25 Delegation (1) The Minister may delegate the Minister’s powers under this Act to any person. (2) The chief executive may delegate the chief executive’s powers under this Act to any person. 26 General offence provision (1) A person who contravenes or fails to comply with a provision of this Act commits an offence against this Act. (2) A person who— (a) fails to do that which the person is directed or required to do; or (b) does that which the person is forbidden to do; by a person acting under the authority of this Act commits an offence against this Act. (3) A person who commits an offence against this Act is liable, except where a specific penalty is otherwise provided— (a) in the case of an offence occurring within a marine park or in relation to anything within a marine park—to a penalty of 100 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units; or

s 27 13 s 27 Marine Parks Act 1982 (b) in any other case, to a penalty of 50 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 10 penalty units. (4) An offence against this Act is a summary offence. (5) A proceeding for an offence under this Act may be started within— (a) 1 year after the offence is committed; or (b) 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed. (6) A complaint alleging a continuing offence against this Act may allege the commission of the offence over a period of time specified in the complaint. (7) Where a person is convicted of an offence against this Act the penalty to which the person is liable shall be in addition to any forfeiture that the person may have thereby incurred or that may be ordered in respect thereof under this Act. 27 Evidentiary provisions (1) This section applies to a proceeding for an offence against this Act. (2) The appointment or power of an inspector must be presumed unless a party, by reasonable notice, requires proof of— (a) the appointment; or (b) the power to do anything under this Act. (3) A signature purporting to be the signature of the chief executive or an inspector is evidence of the signature it purports to be. (4) A certificate purporting to be signed by the chief executive or an inspector and stating any of the following matters is evidence of the matters— (a) that a specified act or omission happened in a marine park; (b) anything else prescribed by regulation.

s 29 14 s 30 Marine Parks Act 1982 29 Protection from liability (1) In this section— official means— (a) the chief executive; or (b) an officer or employee of the department; or (c) an inspector; or (d) a person helping an inspector at the inspector’s direction. (2) An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. (3) If subsection (2) prevents a civil liability attaching to an official, the liability attaches instead to the State. 30 Regulations (1) The Governor in Council may make regulations under this Act. (2) A regulation may be made for or about the following— (a) the preparation, implementation and enforcement of zoning plans; (b) the preparation and implementation of management plans and programs of works for marine parks; (c) the manner in which any function, duty or power shall be discharged, performed or exercised for the purposes of this Act, pursuant to a delegation or otherwise; (d) the appointment of inspectors and honorary protectors for the purposes of this Act and their functions, duties and powers; (e) the conduct of persons within or in respect of marine parks; (f) the control of the taking of marine products from marine parks and, where such taking is permitted, the number and size thereof that may be taken;

s 30 15 s 30 Marine Parks Act 1982 (g) the marking of boundaries of marine parks and of zones therein; (h) penalties in respect of any contravention of or failure to comply with the regulations or any direction given or requisition made under the regulations, not exceeding in any case an amount of 100 penalty units; (i) services and facilities in, or in connection with, marine parks; (j) the protection and preservation of marine parks and property and things therein; (k) the removal from marine parks of persons unlawfully therein or committing offences against this Act therein; (l) the safety of persons in marine parks; (m) the carrying on of any trade or commerce in marine parks; (n) fees and charges to be imposed upon persons using services or facilities provided in or in connection with marine parks; (o) the taking of animals or plants into or out of marine parks; (p) the taking into marine parks, and the use in marine parks, of weapons, traps, nets, snares, fishing apparatus and other devices; (q) the laying of baits and the use of explosives, poisons and other noxious substances in marine parks; (r) the collection of specimens and the pursuit of research in marine parks for scientific purposes; (s) the issue of licences, permits and authorities, the conditions subject to which, and the person or persons by whom, they are issued and the charging of fees in respect of such licences, permits and authorities. (2) The power to make regulations does not extend to the making of regulations to control traffic in or over the waters of marine parks. (3) To the extent that there is any inconsistency between a regulation made under this Act and the Petroleum (Submerged

s 31 16 s 31 Marine Parks Act 1982 Lands) Act 1982 , the Petroleum (Submerged Lands) Act 1982 shall prevail. 31 Limitation on application of regulation and zoning plan (1) Neither the regulation provisions nor a zoning plan under this Act applies to the entry into or use of a marine park for carrying out the permitted works by or for the developers if the developers— (a) are the registered owners, under the Land Title Act 1994, of the land described as lot 1 on RP 737281 and lot 2 on RP 745019, County of Nares, Parish of Smithfield; and (b) are complying with the terms of the deed entered into between the developers, the State and Cairns City Council on 18 August 2003 or the deed as amended. (2) However, subsection (1) applies only to the extent the activities involved in the entry or use are necessary, including because of a requirement under another law, for carrying out the permitted works. (3) Also, subsection (1) applies only until the deed mentioned in subsection (1)(b) is cancelled, expires or otherwise ends. (4) Neither the regulation provisions nor a zoning plan under this Act applies to the entry into or use of a marine park for carrying out maintenance works by or for an entity if— (a) the entity is authorised under subsection (5) to carry out the works; and (b) the entity and anyone acting for the entity comply with the authorisation; and (c) the works are carried out in accordance with the authorisation. (5) The chief executive may, in writing— (a) authorise an entity to carry out maintenance works; and (b) impose conditions on the authorisation, including, for example, a requirement that the entity enter into a deed concerning the works.

s 31 17 s 31 Marine Parks Act 1982 (6) Without limiting subsections (1) to (4), a person does not commit an offence against this Act only because the person carries out the permitted works, or maintenance works, under this section. (7) In this section— developers means Norwood Street Project Pty Ltd ACN 099 371 972 (as trustee) and Cairns Blue Pty Ltd ACN 102 517 984. dredging area means the areas of Half Moon Creek and Half Moon Bay stated in the environmental authority as areas to be dredged under the authority . 1 environmental authority means the environmental authority issued to the developers under the Environmental Protection Act 1994 , to replace environmental authority number 5010000239 . maintenance works means— (a) the dredging necessary to maintain the navigability of the dredging area; and (b) the disposal of the dredging spoil. marine park means a marine park that includes all or part of the dredging area. permitted works means— (a) the dredging, in the dredging area, permitted under the environmental authority; and (b) the disposal of the spoil, from the dredging mentioned in paragraph (a), permitted under a licence, permit or other authority given to the developers under an Act. regulation provisions means the Marine Parks Regulation 1990 , sections 8A, 19 to 21 and 33 . 1 See the Environmental Protection Act 1994 , section 542 for inspection of the register, kept under that Act, containing details about the authority.

18 Marine Parks Act 1982 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 17 December 2004. Future amendments of the Marine Parks Act 1982 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

19 Marine Parks Act 1982 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A Amendments included to 1994 Act No. 37 to 1995 Act No. 58 Effective 27 January 1995 28 November 1995 1B to 2003 Act No. 50 11 September 2003 1C to 2004 Act No. 31 12 October 2004 1D to 2004 Act No. 48 17 December 2004 Reprint date 31 March 1995 26 September 1996 (Column discontinued) Notes 5 Tables in earlier reprints Name of table Changed citations and remade laws Changed names and titles Corrected minor errors Obsolete and redundant provisions Renumbered provisions Reprint No. 1 1 1 1 1 6 List of legislation Marine Parks Act 1982 No. 7 date of assent 20 April 1982 ss 1–2 commenced on date of assent remaining provisions commenced 29 May 1982 (proc pubd gaz 29 May 1982 p 874) Note—On repeal of the Marine Parks Act 1982 the existing marine parks and zoning plans continue under the Marine Parks Act 2004 No. 31 (ss 154–155) not yet proclaimed into force amending legislation— Marine Parks Act Amendment Act 1988 No. 14 date of assent 7 April 1988 commenced on date of assent Public Service (Administrative Arrangements) Act 1990 (No. 2) No. 80 s 3 sch 2 date of assent 14 November 1990 commenced on date of assent

20 Marine Parks Act 1982 Statute Law (Miscellaneous Provisions) Act 1991 No. 97 ss 1–3 sch 2 date of assent 17 December 1991 commenced on date of assent Nature Conservation Act 1992 No. 20 ss 1–2, 159 sch 2 date of assent 22 May 1992 ss 1–2 commenced on date of assent remaining provisions commenced 19 December 1994 (1994 SL No. 472) Fisheries Act 1994 No. 37 ss 1–2, 244 sch 2 date of assent 8 September 1994 ss 1–2 commenced on date of assent remaining provisions commenced 27 January 1995 (1995 SL No. 9) Environmental Legislation Amendment Act 1995 No. 40 pts 1, 3 date of assent 27 October 1995 commenced on date of assent Statute Law Revision Act (No. 2) 1995 No. 58 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent Marine Parks Amendment Act 2003 No. 50 date of assent 11 September 2003 commenced on date of assent Marine Parks Act 2004 No. 31 ss 1–2(1), 167–168 date of assent 12 October 2004 ss 1–2 commenced on date of assent remaining provisions commenced on date of assent (see s 2(1)) Environmental Protection and Other Legislation Amendment Act 2004 No. 48 pts 1, 6 date of assent 18 November 2004 ss 1–2 commenced on date of assent remaining provisions commenced 17 December 2004 (2004 SL No. 315) 7 List of annotations Title amd R1 (see RA s 39) Repeals s 3 om R1 (see RA s 40) Amendments s 4 om R1 (see RA s 40) Continuation of existing marine parks s 5 om 1994 No. 37 s 244 sch 2 Continuation of existing permits s 6 amd 1991 No. 97 s 3 sch 2 om 1994 No. 37 s 244 sch 2

21 Marine Parks Act 1982 Revocation of permission or permit under Fisheries Act s 7 om 1994 No. 37 s 244 sch 2 Continued application of existing law to existing marine parks s 8 om 1994 No. 37 s 244 sch 2 Definitions prov hdg sub 1994 No. 37 s 244 sch 2 s 9 amd 1994 No. 37 s 244 sch 2 def “chief executive” ins 1992 No. 20 s 159 sch 2 def “coastal waters of Queensland” om 1994 No. 37 s 244 sch 2 def “Director” ins 1988 No. 14 s 2(a) om 1992 No. 20 s 159 sch 2 def “fee” ins 1995 No. 40 s 11 def “Local Authority” om R1 (see RA s 39) def “marine park” ins 1994 No. 37 s 244 sch 2 def “marine products” amd 1994 No. 37 s 244 sch 2 def “Minister” amd 1988 No. 14 s 2(b) om 1991 No. 97 s 3 sch 2 def “Queensland waters” om 1994 No. 37 s 244 sch 2 def “The Co-ordinator-General” om 1988 No. 14 s 2(c) Territorial application of Act s 10A ins 2004 No. 31 s 168 Functions of chief executive prov hdg amd 1988 No. 14 s 3(a); 1992 No. 20 s 159 sch 2 s 11 amd 1988 No. 14 s 3(b)–(c); 1992 No. 20 s 159 sch 2; 1994 No. 37 s 244 sch 2 Definition of areas of interest s 12 amd 1988 No. 14 s 4; 1992 No. 20 s 159 sch 2 Consideration of public submissions s 13 amd 1988 No. 14 s 5; 1992 No. 20 s 159 sch 2 Proposal for marine park s 14 amd 1988 No. 14 s 6; 1992 No. 20 s 159 sch 2 Constituents of marine parks s 15 sub 1988 No. 14 s 7 amd 1994 No. 37 s 244 sch 2; 1995 No. 58 s 4 sch 1 Declaration of marine parks s 16 amd 1988 No. 14 s 8; 1992 No. 20 s 159 sch 2 sub 1994 No. 37 s 244 sch 2 Zoning plans s 17 sub 1988 No. 14 s 9 amd 1994 No. 37 s 244 sch 2 Amendment etc. of zoning plans s 18 sub 1988 No. 14 s 9 amd 1992 No. 20 s 159 sch 2 om 1994 No. 37 s 244 sch 2

22 Marine Parks Act 1982 Approval of zoning plans etc. s 19 sub 1988 No. 14 s 9 amd 1992 No. 20 s 159 sch 2 om 1994 No. 37 s 244 sch 2 Public authorities to observe zoning plans s 20 amd 1994 No. 37 s 244 sch 2 Amalgamation and naming of marine parks s 21 amd 1994 No. 37 s 244 sch 2 Revocation of marine parks s 22 sub 1994 No. 37 s 244 sch 2 amd 2004 No. 48 s 150 Publication of revocation notice s 22A ins 2004 No. 48 s 151 Chief executive’s powers re marine parks prov hdg amd 1988 No. 14 s 10(a); 1992 No. 20 s 159 sch 2 s 23 amd 1988 No. 14 s 10(b)–(d); 1992 No. 20 s 159 sch 2; 1994 No. 37 s 244 sch 2 Unlawful use of expression “marine park” s 24 amd 1994 No. 37 s 244 sch 2 Delegation s 25 sub 1988 No. 14 s 11 amd 1992 No. 20 s 159 sch 2 sub 1994 No. 37 s 244 sch 2 Chief executive subject to direction of Minister s 25A ins 1988 No. 14 s 12 amd 1992 No. 20 s 159 sch 2 om 1994 No. 37 s 244 sch 2 General offence provision s 26 amd 1988 No. 14 s 13; 1994 No. 37 s 244 sch 2 Evidentiary provisions s 27 amd 1988 No. 14 s 14; 1992 No. 20 s 159 sch 2 sub 1994 No. 37 s 244 sch 2 Service of documents s 28 om 1994 No. 37 s 244 sch 2 Protection from liability s 29 amd 1988 No. 14 s 15 sub 1994 No. 37 s 244 sch 2 Regulations s 30 amd 1988 No. 14 s 16; 1990 No. 80 s 3 sch 2; 1992 No. 20 s 159 sch 2; 1994 No. 37 s 244 sch 2; 1995 No. 58 s 4 sch 1 Limitation on application of regulation and zoning plan s 31 prev s 31 ins 1994 No. 37 s 244 sch 2

23 Marine Parks Act 1982 exp 27 January 1995 (see prev s 31(2)) pres s 31 ins 2003 No. 50 s 3 SCHEDULE 1 om 1994 No. 37 s 244 sch 2 SCHEDULE 2 om R1 (see RA s 40) © State of Queensland 2006