Marine Parks (Cairns) Zoning Plan 1992


Queensland Crest
MARINE PARKS (CAIRNS) ZONING PLAN 1992
Queensland Marine Parks Act 1982 MARINE PARKS (CAIRNS) ZONING PLAN 1992 Reprinted as in force on 3 February 2000 (includes amendments up to SL No. 295 of 1999) Reprint No. 1 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 SL No. 238 s 29
Information about this reprint This plan is reprinted as at 3 February 2000. The reprint— shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Minor editorial changes allowed under the provisions of the Reprints Act 1992 mentioned in the following list have also been made to— use standard punctuation consistent with current drafting practice (s 27) reorder definitions and other provisions consistent with current drafting practice (s 30) use aspects of format and printing style consistent with current drafting practice (s 35). Also see endnotes for information about when provisions commenced.
Queensland MARINE PARKS (CAIRNS) ZONING PLAN 1992 TABLE OF PROVISIONS Section PART 1—PRELIMINARY Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1A Application of zoning plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 2—MANAGEMENT AREAS 3 Management Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 3—ZONING PROVISIONS Division 1—Zones 4 Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Division 2—General Use Zone 5 Objective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6 Entry and use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Division 3—Habitat Protection Zone 7 Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 8 Entry and use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Division 4—Estuarine Conservation Zone 9 Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 10 Entry and use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Division 5—Conservation Park Zone 11 Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 12 Entry and use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
2 Marine Parks (Cairns) Zoning Plan 1992 Division 6—Buffer Zone 13 Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 14 Entry and use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Division 7—National Park Zone 15 Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 16 Entry and use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 8—No Structures Zone 17 Objective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 18 Entry and use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 9—General 19 Reference to the Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 20 Environmental impact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 PART 4—DESIGNATED AREA PROVISIONS Division 1—Designated Areas 21 Designated Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 2—Fisheries Experimental Areas 22 Objective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 23 Entry and use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Division 3—Seasonal Closure Areas 24 Objective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 25 Entry and use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 4—Defence Areas 26 Objective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 27 Entry and use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 5—Works Management Areas 28 Objective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 29 Entry and use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Division 6—Aboriginal Management Areas 30 Objective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 6A—Restricted access areas 30A Objective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 30B Entry and use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 30C Chief executive to erect signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Division 7—General 31 Reference to the Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 PART 5—ADDITIONAL USES AND EXEMPTIONS 32 Access in special circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 33 Research . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 34 Permitted non-conforming use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 25 MANAGEMENT AREA BOUNDARIES SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 39 ZONE BOUNDARIES SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 83 DESIGNATED AREA BOUNDARIES SCHEDULE 3A . . . . . . . . . . . . . . . . . . . . . . 91 ENTRY AND USE OF RESTRICTED ACCESS AREAS 1 Michaelmas Cay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . 92 PERMITTED NON–CONFORMING USES SCHEDULE 5 . . . . . . . . . . . . . . . . . . . . . . . . 94 MAPS ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 122 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
s1 5 s2 Marine Parks (Cairns) Zoning Plan 1992 MARINE PARKS (CAIRNS) ZONING PLAN 1992 [as amended by all amendments that commenced on or before 3 February 2000] PART 1—PRELIMINARY ˙ Short title 1. This zoning plan may be cited as the Marine Parks (Cairns) Zoning Plan 1992 . ˙ Application of zoning plan 1A. This zoning plan applies to the Cairns Marine Park. Interpretation 2.(1) In this zoning plan— “animal” means any member of the animal kingdom (other than human), (whether alive or dead), and includes— (a) spat, spawn, eggs and parts of eggs; and (b) the skin, feathers, shell or any other part of an animal. “Authority” means the Great Barrier Reef Marine Park Authority. “bait gathering” means the taking of yabbies, eugaries (pippies), bait worms or crabs when taken by hand or by hand-held implement under fisheries legislation. “bait netting” means fishing using a recreational bait net or a commercial bait net described in, and used under fisheries legislation. “bait worms” means worms belonging to the Class Polychaeta of Family Nereidae or Family Eunicidae, that are taken for use as bait.
s2 6 s2 Marine Parks (Cairns) Zoning Plan 1992 “Cairns Section” means the area declared to be part of the Great Barrier Reef Marine Park and assigned the name ‘Great Barrier Reef Marine Park—Cairns Section’ by proclamation under section 31(1) of the Great Barrier Reef Marine Park Act 1975 of the Commonwealth, published in the Commonwealth of Australia Gazette on 13 September 1989. “Cairns Section Zoning Plan” means the zoning plan of the Great Barrier Reef Marine Park—Cairns Section. “collecting” means the taking of any animal, plant or marine product declared by regulations made under the Great Barrier Reef Marine Park Act 1975 of the Commonwealth for the purposes of the Cairns Section Zoning Plan. “commercial netting” means fishing using any net described in, and used under fisheries legislation. “crabbing” means the taking of crabs by the apparatus described in, and used under fisheries legislation. “crabs” means crustaceans of the Infraorder Brachyura. “educational program” means the provision of transport, accommodation or services for a group or groups of 6 or more people (none of whom is a tourist) principally for the purpose of systematically educating those people. “eugarie” means a mollusc belonging to the species Plebidonax deltoides . “facility” includes a building, a structure, a vessel, goods, equipment and services. “fisheries legislation” means the Fisheries Act 1976 and the Fishing Industry Organisation and Marketing Act 1982 . 1 “fishing” means the taking of fish, crustaceans, echinoderms or molluscs declared by the regulations made under the Great Barrier Reef Marine Park Act 1975 of the Commonwealth for the purposes of the Cairns Section Zoning Plan. 1 Now see Fisheries Act 1994.
s2 7 s2 Marine Parks (Cairns) Zoning Plan 1992 “Great Barrier Reef Marine Park Authority” means the Great Barrier Reef Marine Park Authority established by the Great Barrier Reef Marine Park Act 1975 of the Commonwealth. “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 higher tide at spring tides. “hook” means a single hook or a group of hooks linked (ganged) together. “limitedcollecting” means collecting of shells, fish and invertebrates (other than coral—Class Anthozoa) under the limitations declared by the regulations made under the Great Barrier Reef Marine Park Act 1975 of the Commonwealth for the purposes of the Cairns Section Zoning Plan. “limited educational program” means an educational program that— (a) does not involve the taking of plants, animals, or marine products; and (b) is a component of a course conducted by— (i) a school or tertiary institution accredited by a relevant State or Commonwealth Department responsible for education; or (ii) an overseas education institution accredited by a relevant national body responsible for education. “limited research” means research that does not involve an activity that, if it were not part of a research activity, would require a permit in the zone— (a) under the Zoning Plan; or (b) under the regulations made under the Great Barrier Reef Marine Park Act 1975 of the Commonwealth; or (c) under the regulations. “Marine Park” means the Cairns Marine Park. “median line” means the line every point of which is equidistant from the nearest points of the reefs or coastline to which it applies.
s2 8 s2 Marine Parks (Cairns) Zoning Plan 1992 “minor works” means the installation of piles, moorings, public jetties, interpretive facilities and similar installations that involve only minor disturbance to the substrate or benthic communities, or alienation of areas of the marine park from enjoyment by the public. “oyster” means a mollusc of the Family Ostreidae and includes an oyster without its shell. “oyster gathering” means the taking of oysters from an oyster ground under fisheries legislation. “oyster ground” means an oyster ground under fisheries legislation. “permanently moored” , in relation to a facility, means moored in 1 vicinity for the period of time prescribed by the regulations made for the Cairns Section under the Great Barrier Reef Marine Park Act 1975 of the Commonwealth, but, if a period of time has not been prescribed, then, for— (a) more than 14 consecutive days; or (b) more than 30 days in any period of 60 days. “photography and filming” means the use of still, video or cine camera equipment for the recording of images. “reef” includes bommie fields, reef slopes, moats and ramparts. “reef edge” means the seaward edge of a reef. “ship” means a vessel with a gross tonnage in excess of 1 500 t. “spearfishing” means fishing, using a spear or spear gun, but not using— (a) a power-head; or (b) a firearm; or (c) underwater breathing apparatus other than a snorkel. “stowed or secured” , in relation to equipment, means rendered inoperative and, in relation to trawl equipment, rendered inoperative at least to the extent of having nets out of water and hung on board with cod ends open. “the 1 km line” means the line every point of which is 1 km seaward from the nearest point of the reef edge of the reef to which it applies. “the 2 km line” has a corresponding meaning to the 1 km line.
s2 9 s2 Marine Parks (Cairns) Zoning Plan 1992 “the 5 km line” means the line every point of which is 5 km seaward from the nearest point of the coastline of the mainland at low water. “the 100 m line” has a corresponding meaning to the 1 km line. “the 500 m line” has a corresponding meaning to the 1 km line. “the coastal 1 km line” means the line every point of which is 1 km seaward from— (a) the nearest point of the coastline at low water of the island or the mainland, to which it applies; or (b) where there is a fringing reef wholly or partly around the island or along the mainland to which it applies—the nearest point of the reef edge of that fringing reef. “the coastal 100 m line” has a corresponding meaning to the coastal 1 km line. “the coastal 200 m line” has a corresponding meaning to the coastal 1 km line. “the coastal 500 m line” has a corresponding meaning to the coastal 1 km line. “tourist” means a person who is in the Marine Park principally for the purpose of recreation (that may include fishing or collecting). “tourist facility” means a facility that is provided for tourists. “tourist program” means an activity that includes the provision of transport, accommodation or services for tourists. “traditional fishing” means fishing, other than for recreation, sale or trade purposes, by a traditional inhabitant. “traditional hunting and gathering” means collecting, other than for recreation, sale or trade purposes, by a traditional inhabitant. “traditional inhabitant” means a person of Aboriginal or Torres Strait Islander descent who is recognised in the community and identifies as an Aboriginal or Torres Strait Islander. “trolling” means fishing with a line, trailed behind a vessel that is underway but does not include driftfishing when the vessel is adrift.
s 3 10 s 3 Marine Parks (Cairns) Zoning Plan 1992 “vessel” means a ship, boat, hovercraft, raft, pontoon or any other thing capable of carrying people or goods through or on water. “works” means activities that might disturb, remove or destroy the substrate and associated benthic communities (including vegetation) and includes the dumping of spoil, harbour works, reclamation works, beach protection works, excavation, filling, erection of walls, and dredging. “yabbies” means crustaceans of the genera Upogebia and Callianassa belonging to the Family Callianassidae. (2) In this zoning plan— (a) a reference to a reef, for example unnamed reef (reef 15–034), is taken to be a reference to a reef depicted and numbered on the Great Barrier Reef Series 1:250 000 map sheets; and (b) all coordinates given are expressed in terms of Australian Geodetic Datum 1966 (AGD 66); and (c) if a part of a boundary of a zone, or designated area, is described by reference to a line every point of which is a particular distance seaward from the nearest point of the reef or coastline to which it applies, and that boundary intersects another reef, coastline, zone boundary, or designated area boundary, then, in the area of overlap, the boundary is the median line. PART 2—MANAGEMENT AREAS Management Areas 3.(1) The Marine Park consists of the following management areas— (a) Starcke Management Area; (b) Endeavour Management Area; (c) Daintree Management Area; (d) Port Douglas Management Area;
s 4 11 s 5 Marine Parks (Cairns) Zoning Plan 1992 (e) Mulgrave-Johnstone Management Area; (f) Outer Islands Management Area. (2) The boundaries of the management areas are set out in schedule 1. (3) The locations of the management areas are shown on the maps in schedule 5. PART 3—ZONING PROVISIONS Division 1—Zones Zones 4.(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) National Park Zone; (g) No Structures Zone. (2) The boundaries of the zones are set out in schedule 2. (3) The approximate locations of the zones are shown on the zoning maps in schedule 5. Division 2—General Use Zone Objective 5. The objective of the General Use Zone is to provide for the conservation of the Marine Park, while providing opportunities for reasonable general use.
s 6 12 s 9 Marine Parks (Cairns) Zoning Plan 1992 Entry and use 6.(1) Subject to clauses 17 and 18, part 4 (Designated area provisions) and part 5 (Additional uses and exemptions), a person may enter or use the General Use Zone for the purposes set out in clause 6.3 of the Cairns Section Zoning Plan. (2) The director may give permission under the Marine Parks Regulation 1990 for a person to enter or use the General Use Zone for the purposes set out in clause 6.4 of the Cairns Section Zoning Plan. Division 3—Habitat Protection Zone Objectives 7. The objectives of the Habitat Protection Zone are— (a) the provide for the conservation of the Marine Park through the protection and management of significant habitats free from trawling and generally free from shipping; and (b) to provide for general use, including fishing and collecting. Entry and use 8.(1) Subject to clauses 17 and 18, part 4 (Designated area provisions) and part 5 (Additional uses and exemptions), a person may enter or use the Habitat Protection Zone for the purposes set out in clause 7.3 of the Cairns Section Zoning Plan. (2) The director may give permission under the Marine Parks Regulation 1990 for a person to enter or use the Habitat Protection Zone for the purposes set out in clause 7.4 of the Cairns Section Zoning Plan. Division 4—Estuarine Conservation Zone Objectives 9. The objectives of the Estuarine Conservation Zone are—
s 10 13 s 10 Marine Parks (Cairns) Zoning Plan 1992 (a) to provide for the protection of areas of the Marine Park in a natural state while allowing the public to appreciate and enjoy the relatively undisturbed nature of those areas; and (b) to maintain fisheries production and use; and (c) to provide for traditional fishing and traditional hunting and gathering. Entry and use 10.(1) Subject to clauses 17 and 18, part 4 (Designated area provisions) and part 5 (Additional uses and exemptions), a person may enter or use the Estuarine Conservation Zone for any of the following purposes— (a) recreational activities that do not involve the taking of plants, animals, or marine products; (b) fishing involving— (i) trolling; or (ii) line fishing using no more than 6 hooks per line; or (iii) spearfishing; or (iv) bait netting; or (v) commercial netting; (c) collecting involving— (i) limited collecting of shells, fish and invertebrates (not coral); or (ii) oyster gathering; or (iii) crabbing; or (iv) bait gathering; (d) photography, filming or sound recording; (e) limited research; (f) conduct of a limited educational program; (g) navigation of aircraft or vessels, other than ships, if equipment used for fishing or collecting is stowed or secured at all times
s 10 14 s 10 Marine Parks (Cairns) Zoning Plan 1992 when the aircraft or vessel is in a part of the Zone in which the use of that equipment is not permitted under the Zoning Plan. (2) The director may give permission under the Marine Parks Regulation 1990 for a person to enter or use the Estuarine Conservation Zone for any of the following purposes— (a) traditional fishing and traditional hunting and gathering (other than fishing or collecting specified in subclause (1)); (b) camping; (c) conduct of a tourist program; (d) mariculture; (e) research other than limited research; (f) conduct of an educational program other than a limited educational program; (g) the operation of a vessel or aircraft in 1 vicinity— (i) for more than 14 consecutive days; or (ii) for more than 30 days in any period of 60 days; (h) the navigation of a hovercraft; (i) the navigation of ships for the purpose of tourism or research; (j) the operation of a facility for a purpose not listed in subclause (1), consistent with the objective of the zone including— (i) the discharge of wastes from the facility; (ii) the building, assembling, fixing in position, maintenance or demolition of the facility; (iii) the construction, or conduct, of mooring facilities for vessels; (iv) the operation of a landing area, or facility for aircraft; (k) the carrying out of minor works; (l) within a designated Works Management Area, the carrying out of works for a purpose consistent with the objectives of the zone; (m) programs for the taking of animals or plants that pose a threat
s 11 15 s 12 Marine Parks (Cairns) Zoning Plan 1992 to— (i) human life or safety; or (ii) marine or island ecosystems that are part of the Marine Park; or (iii) the use and amenity of an area or adjacent areas; (n) any purpose not listed in the clause, consistent with the objectives of the zone. Division 5—Conservation Park Zone Objectives 11. The objectives of the Conservation Park Zone are— (a) to provide for the protection of areas of the Marine Park in a natural state while allowing the public to appreciate and enjoy the relatively undisturbed nature of those areas; and (b) to provide for restricted fishing and restricted collecting; and (c) to provide for traditional fishing and traditional hunting and gathering. Entry and use 12.(1) Subject to clauses 17 and 18, part 4 (Designated area provisions) and part 5 (Additional uses and exemptions), a person may enter or use the Conservation Park Zone for the purposes set out in clause 8.3 of the Cairns Section Zoning Plan. (2) The director may give permission under the Marine Parks Regulation 1990 for a person to enter or use the Conservation Park Zone for the purposes set out in clause 8.4 of the Cairns Section Zoning Plan. (3) For the purposes of this clause, a reference in clause 8.3(b)(iii) of the Cairns Section Zoning Plan to the schedule is taken to be a reference to clauses 4(3)(a), 4(3)(g), 4(5)(b) and 4(5)(c) of schedule 2 of this Zoning Plan.
s 13 16 s 15 Marine Parks (Cairns) Zoning Plan 1992 Division 6—Buffer Zone Objectives 13. The objectives of the Buffer Zone are— (a) to provide for the protection of areas of the Marine Park in a natural state while allowing the public to appreciate and enjoy the relatively undisturbed nature of those areas; and (b) to provide for limited fishing for pelagic species; and (c) to provide for traditional fishing and traditional hunting and gathering. Entry and use 14.(1) Subject to clauses 17 and 18, part 4 (Designated area provisions) and part 5 (Additional uses and exemptions), a person may enter or use the Buffer Zone for the purposes set out in clause 9.3 of the Cairns Section Zoning Plan. (2) The director may give permission under the Marine Parks Regulation 1990 for a person to enter or use the Buffer Zone for the purposes set out in clause 9.4 of the Cairns Section Zoning Plan. Division 7—National Park Zone Objectives 15. The objectives of the National Park Zone are— (a) to provide for the protection of areas of the Marine Park in a natural state while allowing the public to appreciate and enjoy the relatively undisturbed nature of those areas; and (b) to provide for traditional fishing and traditional hunting and gathering.
s 16 17 s 18 Marine Parks (Cairns) Zoning Plan 1992 Entry and use 16.(1) Subject to clauses 17 and 18, part 4 (Designated area provisions) and part 5 (Additional uses and exemptions), a person may enter or use the National Park Zone for the purposes set out in clause 10.3 of the Cairns Section Zoning Plan. (2) The director may give permission under the Marine Parks Regulation 1990 for a person to enter or use the National Park Zone for the purposes set out in clause 10.4 of the Cairns Section Zoning Plan. Division 8—No Structures Zone Objective 17. The objective of the No Structures Zone is to ensure that some areas of the Marine Park remain— (a) in a natural state, largely unaltered by human works; and (b) free from structures and permanently moored facilities, except for approved vessel moorings, approved management, research and monitoring facilities and approved navigation markers that are essential for the protection, wise use, understanding and enjoyment of the Marine Park. Entry and use 18.(1) Subject to part 4 (Designated area provisions) and part 5 (Additional uses and exemptions), clause 12.3 of the Cairns Section Zoning Plan applies to the entry and use of the No Structures Zone. (2) The director may give permission under the Marine Parks Regulation 1990 for a person to enter or use the No Structures Zone for the purposes set out in clause 12.4 of the Cairns Section Zoning Plan.
s 19 18 s 21 Marine Parks (Cairns) Zoning Plan 1992 Division 9—General Reference to the Authority 19. In this part, a reference in a clause adopted from the Cairns Section Zoning Plan to the Authority, is taken to be a reference to the director. Environmental impact 20. An applicant for permission to enter or use a zone must satisfy the director that— (a) no unacceptable environmental impact will occur as a result of the use of the area for the purpose for which permission is sought; and (b) in the case of an applicant for permission to enter or use the Estuarine Conservation Zone, the Conservation Park Zone or the National Park Zone for the purposes of carrying out works—the proposed works— (i) are consistent with the maintenance of the natural condition, species composition and ecological functioning of the area; and (ii) will not result in loss of vegetation essential to the area’s productivity, or changes to the natural tidal flushing pattern; and (iii) will not prejudice the natural condition of the area. PART 4—DESIGNATED AREA PROVISIONS Division 1—Designated Areas Designated Areas 21.(1) The following areas are set aside for special management—
s 22 19 s 24 Marine Parks (Cairns) Zoning Plan 1992 (a) Fisheries Experimental Areas; (b) Seasonal Closure Areas; (c) Defence Areas; (d) Works Management Areas; (e) Aboriginal Management Areas; (f) restricted access areas. (2) The boundaries of the designated areas are set out in schedule 3. Division 2—Fisheries Experimental Areas Objective 22. The objective of setting aside Fisheries Experimental Areas is to provide areas for scientific research into the effects of fishing on the living natural resources of the Marine Park. Entry and use 23.(1) Subject to part 3 (Zoning provisions), part 5 (Additional uses and exemptions) and section 7 of the Marine Parks Regulation 1990 , clause 13.3(a) of the Cairns Section Zoning Plan applies to the entry and use of Fisheries Experimental Areas. (2) The director may give permission under the Marine Parks Regulation 1990 for a person to enter or use the Fisheries Experimental Areas for the purpose set out in clause 13.3(b) of the Cairns Section Zoning Plan. Division 3—Seasonal Closure Areas Objective 24. The objective of setting aside Seasonal Closure Areas is to protect from human intrusion in each case for no longer than 6 months in any year, areas of particular importance to animals in the Marine Park.
s 25 20 s 28 Marine Parks (Cairns) Zoning Plan 1992 Entry and use 25.(1) Subject to part 5 (Additional uses and exemptions) and section 7 of the Marine Parks Regulation 1990 , a person may enter or use the Seasonal Closure Areas for the purposes set out in clause 14.3 of the Cairns Section Zoning Plan. (2) The director may give permission under the Marine Parks Regulation 1990 for a person to enter or use the Seasonal Closure Areas for the purposes set out in clause 14.4 of the Cairns Section Zoning Plan. Division 4—Defence Areas Objective 26. The objective of setting aside Defence Areas is to provide, in the interests of public safety, for control of entry and use of areas of the Marine Park used for the conduct of defence operations. Entry and use 27.(1) Subject to section 7 of the Marine Parks Regulation 1990 , clause 15.3 of the Cairns Section Zoning Plan applies to the entry and use of Defence Areas. (2) For the purposes of this clause, a reference in clause 15.3 of the Cairns Section Zoning Plan to— (a) the schedule, is taken to be a reference to clause 3 of schedule 3 of this Zoning Plan; and (b) the Great Barrier Reef Marine Park, is taken to be a reference to the Marine Park. Division 5—Works Management Areas Objective 28. The objective of setting aside Works Management Areas is to provide for the undertaking of works that might disturb or destroy the
s 29 21 s 30A Marine Parks (Cairns) Zoning Plan 1992 natural hydrology or change the natural species composition and productivity of benthic communities if such works are necessary for— (a) the public enjoyment of the area; or (b) the provision of public facilities; or (c) good management. Entry and use 29. Subject to part 3 (Zoning provisions), part 5 (Additional uses and exemptions), and section 7 of the Marine Parks Regulation 1990 a person must not enter or use a Works Management Area for the undertaking of works without the permission of the director. Division 6—Aboriginal Management Areas Objective 30. The objective of setting aside Aboriginal Management Areas is to involve the traditional inhabitants in the planning and management, including conservation of the natural resources and protection of the cultural values, of the Areas. Division 6A—Restricted access areas ˙ Objective 30A. The objective of a restricted access area is to protect animals and marine products in the marine park from human intrusion.
s 30B 22 Marine Parks (Cairns) Zoning Plan 1992 s 32 ˙ Entry and use 30B. A person must not enter or use a restricted access area other than under schedule 3A. 2 ˙ Chief executive to erect signs 30C. The chief executive must, on or near each restricted access area, erect signs stating— (a) the restrictions and conditions applying to the entry or use of the area; and (b) the penalty for failing to comply with the restrictions or conditions. Division 7—General Reference to the Authority 31. In this part, a reference in a clause adopted from the Cairns Section Zoning Plan to the Authority, is taken to be a reference to the director. PART 5—ADDITIONAL USES AND EXEMPTIONS Access in special circumstances 32.(1) In addition to the purposes set out in part 3 (Zoning provisions) and part 4 (Designated area provisions), a person may enter or use a zone for the purpose of— (a) saving a human life or avoiding the risk of injury to a human being; or (b) locating or securing the safety of an aircraft, vessel or structure 2 The Marine Parks Regulation 1990 , section 8A sets out the penalty for unauthorised entry or use of a designated area.
s 33 23 s 34 Marine Parks (Cairns) Zoning Plan 1992 that is or may be, endangered by water or by navigational or operational hazards; or (c) government reconnaissance, surveillance, or law enforcement (including performing functions and exercising powers under the Act); or (d) monitoring of the Marine Park by, or with the approval of, the director; or (e) dealing with an emergency involving a serious threat to the environment. (2) The director may, for the following purposes— (a) removing a vessel that is wrecked, stranded, sunk or abandoned, except a wreck protected under the Historic Shipwrecks Act 1976 of the Commonwealth; (b) the construction, installation and servicing of authorised navigational aids and their ancillary buildings and works, including the operation of vessels and aircraft for these purposes; (c) defence operations, including the use of ships and aircraft, not otherwise permitted under the Zoning Plan; (d) government geodetic, bathymetric or similar surveys; permit a person to enter or use a zone and may give such directions for the entry and use as are reasonably necessary for the conservation, protection and preservation of the Marine Park or anything contained in the Marine Park. Research 33. The director may permit a person to enter or use a zone to conduct research not otherwise permitted under the Zoning Plan if the director is satisfied that the research is consistent with the objective of the zone. Permitted non-conforming use 34. The director may grant written permission for the non-conforming uses set out in column 1 of schedule 4 to continue in the areas set out in column 2, subject to the special conditions set out in column 3, and such
s 34 24 s 34 Marine Parks (Cairns) Zoning Plan 1992 further conditions as the director determines are consistent with the objective of the relevant zone.
25 Marine Parks (Cairns) Zoning Plan 1992 ¡ SCHEDULE 1 MANAGEMENT AREA BOUNDARIES Management Areas 1. The management areas consist of the tidal waters and tidal land within the boundaries set out in clauses 2 to 7, but exclude— (a) national parks set apart and declared under the National Parks and Wildlife Act 1975 ; 3 and (b) environmental parks reserved and set apart under the Land Act 1962; 4 and (c) alienated tidal land. Starcke Management Area 2. The Starcke Management Area consists of the area the boundary of which— (a) commences at the easternmost point of intersection of the coastline of the mainland at highest astronomical tide by the geodesic that passes through the point of latitude 14°18.27' south, longitude 145°39' east and the point of latitude 14°40' south, longitude 144°56.5' east, in the vicinity of the mouth of the Jeannie River; and (b) runs generally southerly, south-easterly, easterly, northerly, easterly, southerly and south-easterly along that coastline at highest astronomical tide (including tidal waters and tidal land of all rivers, creeks and streams at highest astronomical tide) to its intersection by the geodesic that passes through the point of intersection of the meridian of longitude 145°17.5' east with the coastline of the mainland at low water and the northernmost point of intersection of the geodesic between the easternmost point of 3 Now see Nature Conservation Act 1992. 4 Now see Land Act 1994 .
26 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 1 (continued) Lookout Point at low water and the point of latitude 14°54' south, longitude 145°20' east, by an arc of a circle having a radius of 5 km and its centre on the northernmost point of Cape Flattery at low water; and (c) then north-easterly along the geodesic to the northernmost point of intersection of the geodesic between the easternmost point of Lookout Point at low water and the point of latitude 14°54' south, longitude 145°20' east by an arc of a circle having a radius of 5 km and its centre on the northernmost point of Cape Flattery at low water; and (d) then generally easterly, south-easterly and southerly along the 5 km line to its intersection by the parallel of latitude 15° south; and (e) then west along that parallel of latitude to its easternmost intersection by the coastline of the mainland at highest astronomical tide; and (f) then generally south-westerly, southerly, south-easterly, easterly and north-easterly along that coastline at highest astronomical tide (including tidal waters and tidal land of all rivers, creeks and streams at highest astronomical tide) to its northernmost intersection by the meridian of longitude 145°20.28' east; and (g) then north along that meridian of longitude to its intersection by the parallel of latitude 15°13.5' south; and (h) then east along that parallel of latitude to its intersection of an arc of a circle having a radius of 5 km and its centre on the easternmost point of Cape Bedford at low water; and (i) then north-easterly along the geodesic to the southernmost point of the 500 m line around Three Islands reef (reef 15–005); and (j) then generally easterly and north-easterly along that 500 m line to its easternmost point; and (k) then northerly along the geodesic to the easternmost point of the 500 m line around Two Islands reef (reef 15–002); and (l) then north-easterly along the geodesic to the southernmost point
27 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 1 (continued) of the 1 km line around Helsdon Reef (reef 14–135); and (m) then generally north-easterly, northerly, easterly and north-easterly along that 1 km line to its easternmost point; and (n) then north-north-easterly along the geodesic to the southernmost point of the coastal 500 m line around High Rock; and (o) then generally north-easterly, northerly, north-westerly and westerly along that coastal 500 m line to its northernmost point; and (p) then north-westerly along the geodesic to the easternmost point of the 500 m line around Kedge Reef (reef 14–144); and (q) then generally north-westerly and westerly along that 500 m line to its northernmost point; and (r) then northerly along the geodesic to the easternmost point of the coastal 1 km line around North Direction Island; and (s) then generally north-westerly and westerly along that coastal 1 km line to its northernmost point; and (t) then north-westerly along the geodesic to the easternmost point of the coastal 500 m line around Lizard Island; and (u) then generally northerly and north-westerly along that coastal 500 m line to its northernmost point; and (v) then westerly along the geodesic to the northernmost point of the coastal 500 m line around Nymph Island; and (w) thence north-westerly along the geodesic that passes through the easternmost point of the coastal 500 m line around Howick Island to its intersection by the geodesic between the point of latitude 14°18.27' south, longitude 145°39' east and the point of latitude 14°40' south, longitude 144°56.5' east; and (x) then south-westerly along that geodesic to the point of commencement; but excludes— (y) tidal waters and tidal land of the Starcke River upstream of the
28 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 1 (continued) imaginary line drawn by the meridian of longitude 144°58.25' east; and (z) tidal waters and tidal land upstream of the junction of the McIvor River and the Morgan River. Endeavour Management Area 3. The Endeavour Management Area consists of the area the boundary of which— (a) commences at the northernmost point of intersection of the coastline of the mainland at highest astronomical tide with the meridian of longitude 145°20.28' east; and (b) runs generally south-easterly, south-westerly, south-easterly, southerly, south-westerly, south-easterly, south-westerly, southerly, easterly, south-easterly and south-westerly along the coastline at highest astronomical tide (including tidal waters and tidal land of all rivers, creeks and streams at highest astronomical tide) to the easternmost point of the north bank of the Annan River at highest astronomical tide; and (c) then south-easterly along the geodesic to the point of intersection of the parallel of latitude 15°33.3' south by the geodesic that passes through the northernmost point of the 500 m line around Gubbins Reef (reef 15–063) and the westernmost point of the 500 m line around Egret Reef (reef 15–013); and (d) then northerly along the geodesic to the westernmost point of the 500 m line around Egret Reef; and (e) then northerly along the geodesic to the easternmost point of the 5 km line east of the easternmost point of South Cape Bedford; and (f) then generally north-westerly along that 5 km line to the point of intersection by the parallel of latitude 15°13.5' south; and (g) then west along that parallel of latitude to its intersection by the meridian of longitude 145°20.28' east; and
29 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 1 (continued) (h) then south along that meridian of longitude to the point of commencement; but excludes— (i) the area landwards of the boundary that— (i) commences at the easternmost point of the boundary of National Park N.P. 206 on the south bank of the Endeavour River; and (ii) runs generally easterly along the vegetation line of the south bank of the Endeavour River to the easternmost point of the vegetation line of the western bank of the mouth of Racecourse Creek; and (iii) then along the vegetation line of the western bank of Racecourse Creek to its intersection by the riverwards boundary of the old railway line route along the south bank of the Endeavour River; and (iv) then generally easterly, north-easterly and northerly along that riverwards boundary of the old railway line route along the south bank of the Endeavour River to its intersection by an imaginary line drawn to extend the southerly boundary of Furneaux Street, Cooktown; and (v) then northerly along the geodesic to the easternmost point of the vegetation line of the eastern bank of the middle mouth of Chinaman Creek; and (vi) then northerly along the geodesic to the navigation aid marked QY.4M on Navigation Chart Aus 831 published by the Hydrographic Service RAN, 20 March 1979, 10 December 1984 Edition with small corrections 1991, 59, 142, 235 and 236, located at, or about, the point of latitude 15°27.81' south, longitude 145°14.418' east; and (vii) then east along the parallel of latitude that passes through that navigation aid to its westernmost intersection by the coastal 100 m line of the southern bank of the Endeavour River; and (viii)then generally northerly, north-easterly and easterly along
30 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 1 (continued) that coastal 100 m line to its intersection by the meridian of longitude that passes through the point where the northernmost boundary of Saunders Street, Cooktown, meets the southern boundary of the Esplanade, Cooktown, and (ix) then south along that meridian of longitude to its northernmost intersection by the coastline of the mainland at highest astronomical tide; and (j) tidal waters and tidal land of the Endeavour River that are upstream from an imaginary line drawn 100 m downstream from the Endeavour Bridge crossing of the Cooktown-McIvor River Road; and (k) tidal waters and tidal land of the Endeavour River Right Branch that are upstream of the junction of the Endeavour River Right Branch and Barratt Creek. Daintree Management Area 4. The Daintree Management Area consists of the area the boundary of which— (a) commences at the easternmost point of the north bank of the Annan River at highest astronomical tide; and (b) runs generally southerly, south-easterly, southerly, south-easterly, southerly, south-easterly, and south-westerly along the coastline of the mainland at highest astronomical tide (including tidal waters and tidal land of all rivers, creeks and streams at highest astronomical tide) to its intersection by the parallel of latitude 16°19' south; and (c) then east along that parallel of latitude to its intersection with the coastline of the mainland at low water; and (d) then south-easterly along the geodesic to the westernmost point of the 500 m line around Low Islets reef (reef 16–028); and (e) then generally south-easterly, easterly and north-easterly, along that 500 m line to its easternmost point; and
31 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 1 (continued) (f) then north-easterly along the geodesic to the point of latitude 16°15' south, longitude 145°35.5' east; and (g) then north-westerly along the geodesic to the southernmost point of the 1 km line around West Hope Island reef (reef 15–064); and (h) then north-easterly along the geodesic to the southernmost point of the 1 km line around East Hope Island reef (reef 15–065); and (i) then generally north-easterly and north-westerly along that 1 km line to its northernmost point; and (j) then westerly along the geodesic to the northernmost point of the 1 km line around West Hope Island reef (reef 15–064); and (k) then westerly along the geodesic to the easternmost point of the 500 m line around Gubbins Reef (reef 15–063); and (l) then generally north-westerly and westerly along that 500 m line to the northernmost point; and (m) then northerly along the geodesic that passes through the westernmost point of the 500 m line around Egret Reef (reef 15–013) to its intersection by the parallel latitude 15°33.3' south; and (n) then north-westerly along the geodesic to the point of commencement; but excludes— (o) tidal waters and tidal land of the Annan River that are upstream from the downstream side of the bridge near Lung Island, on the Cooktown Development Road; and (p) tidal waters and tidal land of the Esk River that are south of the parallel of latitude 15°34.4' south; and (q) tidal waters and tidal land of Fritz Creek that are west of the westernmost point of the boundary of National Park N.P.212, Parish of Monkhouse, County of Banks, on Fritz Creek; and (r) tidal waters and tidal land of the Gap, Russell, Hislop and Willie Creeks upstream of their intersection by the Bloomfield-Rossville Road; and
32 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 1 (continued) (s) tidal waters and tidal land of the Bloomfield River upstream from the parallel of latitude that passes through the southernmost point of Split Island at low water; and (t) tidal waters and tidal land of the Daintree River and its tributaries upstream from its junction with Barratt Creek. Port Douglas Management Area 5. The Port Douglas Management Area consists of the area the boundary of which— (a) commences at the easternmost intersection of the coastline of the mainland at highest astronomical tide by the parallel of latitude 16°26.3' south, in the vicinity of the southern bank of the mouth of the Mossman River; and (b) runs east along that parallel of latitude to its intersection by the 5 km line; and (c) then generally southerly and south-easterly along that 5 km line to its northernmost intersection by the 500 m line around Korea Reef (reef 16–080); and (d) then generally south-easterly, southerly and south-westerly along that 500 m line to its southernmost point; and (e) then south-westerly along the geodesic to the southernmost point of the 500 m line around the Yule Reef (16–018); and (f) then south-westerly along the geodesic to the easternmost point of the coastline of the mainland at White Cliffs at highest astronomical tide; and (g) then generally northerly, north-westerly, westerly, southerly, south-westerly, northerly, north-easterly and northerly along the coastline of the mainland at highest astronomical tide (including tidal waters and tidal land of all rivers, creeks and streams at highest astronomical tide) to the point of commencement; but excludes— (h) the area the boundary of which—
33 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 1 (continued) (i) commences at the easternmost point of the coastline of the mainland on the eastern bank of the mouth of Dicksons Inlet of the boundary of Recreation Reserve R159, Parish of Victory, County of Solander; and (ii) runs westerly along the geodesic to the north-westernmost point of Reserve for Local Government (Port and Harbours) purposes R171, Parish of Victory, County of Solander; and (iii) then south-easterly along the geodesic to easternmost point of the vegetation line of Magazine Island; and (iv) then generally southerly and south-westerly along that vegetation line to its southernmost point; and (v) then southerly along the geodesic to the easternmost point of the vegetation line of Ferry Reserve R25, Parish of Victory, County of Solander; and (vi) then generally southerly, south-easterly and south-westerly along that vegetation line to its intersection by the southerly boundary line of Reserve for Local Government R177, Parish of Victory, County of Solander; and (vii) then south-easterly along that southerly boundary of that Reserve to its south-easternmost point; and (viii)then generally northerly along the edge of alienated lands to the point of commencement; and (i) tidal waters and tidal land of Dicksons inlet that are west of the easterly boundary of the Captain Cook Highway; and (j) tidal waters and tidal land of the Mowbray River upstream from a point that is 100 m seawards of the bridge crossing on the Captain Cook Highway. Mulgrave-Johnstone Management Area 6. The Mulgrave-Johnstone Management Area consists of the area the boundary of which— (a) commences at the easternmost point of the coastline of the
34 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 1 (continued) mainland of the south bank at the mouth of the Barron River at highest astronomical tide; and (b) runs south-easterly along the geodesic to the northernmost point of the coastline of the mainland at False Cape at highest astronomical tide; and (c) then generally south-easterly, easterly, north-easterly, south-easterly, south-westerly, south-easterly, southerly, south-easterly, southerly, along the coastline of the mainland at highest astronomical tide (including tidal waters and tidal land of all rivers, creeks and streams at highest astronomical tide) to its intersection by the parallel of latitude 17°52.9' south; and (d) then east along that parallel of latitude to its intersection by the 5 km line; and (e) then generally northerly and north-westerly along the 5 km line to its intersection by the geodesic that passes through the easternmost point of the 500 m line around South Barnard Islands reef (reef 17–046) adjacent to Sisters Island and through the easternmost point of the 500 m line around King Reef (reef 17–048); and (f) then north-easterly along the geodesic to the easternmost point of the 500 m line around South Barnards Islands reef (reef 17–046), adjacent to Sisters Island; and (g) then north-easterly along the geodesic to the point of intersection of the 5 km line by the parallel of latitude 17°39.5' south; and (h) then generally north-westerly, northerly and north-westerly along the 5 km line to its intersection by the parallel of latitude that passes through the southernmost point of the 1 km line around the reef around Round Island and Russell Island (reef 17–013); and (i) then east along that parallel of latitude to the southernmost point of the 1 km line around the reef around Round Island and Russell Island (reef 17–013); and (j) then generally north-easterly, northerly and north-westerly along
35 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 1 (continued) that 1 km line to its northernmost intersection by the 1 km line around the reef around Normanby Island and Mabel Island (reef 17–012); and (k) then generally northerly and westerly along that 1 km line to its northernmost point; and (l) then north-westerly along the geodesic to the easternmost point of the coastal 500 m line around Little Fitzroy Island to its southernmost intersection by the coastal 5 km line around Fitzroy Island; and (m) then generally northerly and north-easterly along that coastal 5 km line to its easternmost intersection of the coastal 5 km line around Little Fitzroy Island; and (n) then generally northerly and north-westerly along that coastal 5 km line to its northernmost intersection with the geodesic that passes through the northernmost point of the coastal 500 m line around Little Fitzroy Island and the easternmost point of the 2 km line around Green Island reef (reef 16–049); and (o) then northerly along the geodesic to the easternmost point of the 2 km line around Green Island reef; and (p) then generally northerly, north-westerly and south-westerly along that 2 km line to its westernmost point; and (q) then south-westerly along the geodesic to the point of commencement; but excludes— (r) tidal waters and tidal land of Mulgrave River upstream of the northernmost point of Environment Park R.1548, Parish of Sophia, County of Nares on the south bank; and (s) tidal waters and tidal land of Russell River upstream of a point that is 500 m downstream from its junction with Babinda Creek; and (t) tidal waters and tidal land that are— (i) upstream from the imaginary line that—
36 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 1 (continued) (A) commences at the southernmost point of the coastline of the mainland at Goodman Point at highest astronomical tide; and (B) runs southerly along the geodesic to the southernmost point of the mainland at Goodman Point at high water; and (C) then southerly along the geodesic to the northernmost point of the coastline of the mainland of the southern bank of the entrance to Mourilyan Harbour, at high water; and (D) then southerly along the geodesic to the northernmost point of the coastline of the mainland of the southern bank of the entrance to Mourilyan Harbour at highest astronomical tide; and (ii) seawards of the imaginary line that— (A) commences at the point of latitude 17°36.1' south, longitude 146°6.1' east; and (B) runs south-easterly along the geodesic to the point of latitude 17°36.6' south, longitude 146°6.4' east; and (C) then south along the meridian of longitude 146°6.4' east to its intersection by the parallel of latitude 17°37' south; and (D) then easterly along the geodesic to the point of latitude 17°37.3' south, longitude 146°7.8 east; and (u) tidal waters and tidal land of Mourilyan Creek that are south of the parallel of latitude 17°41' south; and (v) tidal waters and tidal land of the Johnstone River upstream of an imaginary line drawn north-south across the river at the western end of Banana Island Environmental Park at low water; and (w) tidal waters and tidal land of Ninds Creek, upstream of the road crossing at Coquette Point Road; and (x) tidal waters and tidal land of Liverpool Creek upstream of the
37 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 1 (continued) northernmost boundary of National Park N.P. 1608, Parish of Hull, County of Nares; and (y) tidal waters and tidal land of North Maria Creek upstream of the westernmost point of National Park N.P. 1445, Parish of Hull, County of Nares on its southern bank. Outer Islands Management Area 7.(1) The Outer Islands Management Area consists of tidal waters and tidal land— (a) that surround the islands set out in subclause (2); and (b) that are not within the boundaries set out in clauses 2 to 6. (2) LATITUDE LONGITUDE SOUTH 1. MacGillivray Reef Cay (14–114) 14°39' 2. Unnamed Cay (14–145) 14°47' 3. Unnamed Cay (14–150) 14°53' 4. Gull Reef Cay (15–016) 15°00' 5. Pasco Reef Cay (15–018) 15°17' 6. Harrier Reef Cay (15–025) 15°08' 7. Swinger Reef Cay (15–030) 15°14' 8. Osterland Reef Cay (15–078) 15°34' 9. Unnamed Cay (15–071a) 15°31' 10. Emily Reef Cay (15–082) 15°36' 11. Pickersgill Reef Cay (15–093) 15°53' 12. Bonner Rock (15–097) 15°58' 13. Mackay Reef Cay (16–015) 16°03' EAST 145°29' 145°36' 145°33' 145°34' 145°32' 145°41' 145°33' 145°32' 145°33' 145°38' 145°35' 145°38' 145°39'
38 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 1 (continued) 14. Undine Reef Cay (16–020a) 15. Pratt Rock (16–021) 16. Vlasoff Cay A and B (16–044) 17. Upolu Cay (16–046) 18. Michaelmas Cay (16–060) 19. Sudbury Cay (17–001) 20. Eddy Reef Cay (17–047) 21. Beaver Cay (17–051) 22. Taylor Cay (17–064) 16°08' 16°09' 16°40' 16°41' 16°35' 17°00' 17°46' 17°51' 17°50' 145°42' 145°38' 146°00' 145°56' 146°01' 146°12' 146°26' 146°29' 146°33'
39 Marine Parks (Cairns) Zoning Plan 1992 ¡ SCHEDULE 2 ZONE BOUNDARIES General Use Zone 1. The General Use Zone consists of the tidal waters and tidal land within the boundaries set out in clauses 2 to 7 of schedule 1, that are not included in any other zone. Habitat Protection Zone 2. The Habitat Protection Zone consists of— (1) Part of Starcke Management Area, that consists of— (a) the area the boundary of which— (i) commences at the westernmost point of the 500 m line around Martin Reef (reef 14–123); and (ii) runs generally north-easterly, easterly, south-easterly, southerly and south-westerly along that 500 m line to its easternmost intersection by the 500 m line around Linnet Reef (reef 14–126); and (iii) then generally south-westerly, westerly and north-westerly along that 500 m line to its westernmost point; and (iv) then northerly along the geodesic to the point of commencement; and (b) the area the boundary of which— (i) commences at the easternmost point of intersection of the coastline of the mainland at highest astronomical tide by the geodesic that passes through the point of latitude 14°18.27' south, longitude 145°39' east and the point of latitude 14°40' south, longitude 144°56.5 east, in the vicinity of the Jeannie River; and (ii) runs generally southerly, south-easterly, easterly and
40 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) northerly along that coastline at highest astronomical tide (including tidal waters and tidal land of all rivers, creeks and streams at highest astronomical tide) to the northernmost point of the coastline of the mainland on Lookout Point at highest astronomical tide; and (iii) then along the geodesic to the northernmost point of the coastline of the mainland on Lookout Point at low water; and (iv) then north-westerly along the geodesic that passes through the westernmost point of the 500 m line around Pethebridge Islets reef (reef 14–122b) to the point of intersection by the coastal 100 m line; and (v) then generally westerly and north-westerly along that coastal 100 m line to its intersection by the parallel of latitude 14°46.3' south; and (vi) then west along that parallel of latitude to its intersection by the coastline of the mainland at low water; and (vii) then generally north-westerly and northerly along that coastline at low water to its intersection by the geodesic between the point of latitude 14°18.27' south, longitude 145°39' east and the point of latitude 14°40' south, longitude 144°56.5' east; and (viii)then south-west along the geodesic to the point of commencement; but excludes— (ix) tidal waters and tidal land of Starke River upstream of the imaginary line drawn by the meridian of longitude 144°58.25' east; and (c) the area the boundary of which— (i) commences at the southernmost point of the 1 km line around Helsdon Reef (reef 14–135); and (ii) runs generally westerly, north-westerly and northerly along that 1 km line to its westernmost point; and
41 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) (iii) then northerly along the geodesic to the westernmost point of the 1 km line around Rocky Islets reef (reef 14–132a); and (iv) then generally northerly and north-easterly along that 1 km line to its northernmost point; and (v) then north-easterly along the geodesic to the westernmost point of the 1 km line around North Direction Island reef (reef 14–143); and (vi) then north-westerly along the geodesic to the southernmost point of the coastal 500 m line around Lizard Island; and (vii) then generally north-easterly along that coastal 500 m line to its easternmost point; and (viii)then south-easterly along the geodesic to the northernmost point of the coastal 1 km line around North Direction Island; and (ix) then generally easterly and south-easterly along that coastal 1 km line to its easternmost point; and (x) then southerly along the geodesic to the northernmost point of the 500 m line around Kedge Reef (reef 14–144); and (xi) then generally easterly and south-easterly along that 500 m line to its easternmost point; and (xii) then south-easterly along the geodesic to the northernmost point of the coastal 500 m line around High Rock; and (xiii)then generally south-easterly, southerly and south-westerly along that coastal 500 m line to its southernmost point; and (xiv)then southerly along the geodesic to the easternmost point of the 1 km line around Helsdon Reef (reef 14–135); and (xv) then generally south-westerly, westerly, southerly and south-westerly along that 1 km line to the point of commencement; but excludes— (xvi) the area set out in clause 5(1)(b)(ii); and
42 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) (xvii) the area set out in clause 5(1)(b)(iii); and (xviii) the area set out in clause 6(1)(b)(ii); and (xix) the area set out in clause 6(1)(b)(iii); and (d) the area the boundary of which— (i) commences at the easternmost point of intersection of the coastline of the mainland at highest astronomical tide by the parallel of latitude 14°51' south; and (ii) runs generally southerly and south-easterly along that coastline at highest astronomical tide (including tidal waters and tidal land in all rivers, creeks and streams at highest astronomical tide) to its intersection by the meridian of longitude 145°17.5' east; and (iii) then north-easterly along the geodesic that passes through the northernmost point of intersection of the geodesic between the easternmost point of Lookout Point at low water and the point of latitude 14°54' south, longitude 145°20' east by an arc of a circle having a radius of 5 km and its centre on the northernmost point of Cape Flattery at low water to its intersection by the geodesic that passes through the easternmost point of intersection of the coastline of the mainland at highest astronomical tide by the parallel of latitude 14°51' south and the northernmost point of intersection of the coastline of the mainland at highest astronomical tide by the meridian of longitude 145°18.8' east; and (iv) then north-westerly along the geodesic to the point of commencement; and (e) the area the boundary of which— (i) commences at the easternmost point of intersection of the coastline of the mainland at highest astronomical tide by the parallel of latitude 15°13.5' south; and (ii) runs generally south-easterly, easterly, north-easterly and northerly along that coastline at highest astronomical tide
43 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) (including tidal waters and tidal land in all rivers, creeks and streams at highest agronomical tide) to its northernmost intersection by the meridian of longitude 145°20.28' east; and (iii) then north along the meridian of longitude to its intersection by the parallel of latitude 15°13.5' south; and (iv) then west along that parallel of latitude to the point of commencement; and (f) the area enclosed within the 500 m line of Two Islands reef (reef 15–002); and (g) the area enclosed within the 500 m line of Low Wooded Island reef (reef 15–003); and (2) Part of the Daintree Management Area that consists of— (a) the area the boundary of which— (i) commences at the point of intersection of the coastline of the mainland at highest astronomical tide by the parallel of latitude 15°36.51' south, in the vicinity of the southern bank of Spring Creek; and (ii) runs east along that parallel of latitude to the point of intersection of the coastline of the mainland at low tide; and (iii) then south-easterly along the geodesic that passes through the point of latitude 15°37' south, longitude 145°20' east, to its intersection by the coastal 500 m line of the mainland; and (iv) then generally southerly and south-easterly along that coastal 500 m line to its intersection by the parallel of latitude 15°39.88' south; and (v) then west along that parallel to its intersection by the coastline of the mainland at highest astronomical tide, in the vicinity of Forsberg Point; and (vi) then generally north-westerly and northerly along that coastline at highest astronomical tide (including tidal waters and tidal land of all rivers, creeks and streams of highest
44 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) astronomical tide) to the point of commencement; and (b) the area the boundary of which— (i) commences at the northernmost point of the 1 km line around East Hope Island reef (reef 15–065); and (ii) runs generally south-easterly, southerly and south-westerly along that 1 km line to its southernmost point; and (iii) then south-westerly along the geodesic to the southernmost point of the 1 km line around West Hope Island reef (reef 15–064); and (iv) then generally south-westerly, westerly, north-westerly, northerly, north-easterly and easterly along that 1 km line to its northernmost point; and (v) thence easterly along the geodesic to the point of commencement; but excludes— (vi) the area set out in clause 4(3)(a); and (c) the area the boundary of which— (i) commences at the point of intersection of the coastline of the mainland at the highest astronomical tide by the parallel of latitude 15°50.9592' south, in the vicinity of the northern bank of Fritz Creek; and (ii) runs east along that parallel to its intersection by the coastal 500 m line; and (iii) then generally southerly and south-easterly along that coastal 500 m line to its intersection by the meridian of longitude 145°22.72' east; and (iv) then south along that meridian to its intersection by the coastline of the mainland at highest astronomical tide; and (v) then generally north-westerly and northerly along that coastline at highest astronomical tide (including tidal waters and tidal land of all rivers, creeks and streams at highest
45 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) astronomical tide) to the point of commencement; but excludes— (vi) the area set out in clause 4(3)(c); and (vii) the area set out in clause 4(3)(d); and (d) the area the boundary of which— (i) commences at the point of intersection of the coastline of the mainland at highest astronomical tide by the parallel of latitude 16°13.44' south; and (ii) runs east along that parallel to its intersection by the coastal 500 m line; and (iii) then generally southerly along that coastal 500 m line to its easternmost intersection by the parallel of latitude 16°16.73' south; and (iv) then south-easterly along the geodesic to the northernmost point of the coastal 1 km line around Snapper Island; and (v) then generally south-easterly and southerly along that coastal 1 km line to its easternmost point; and (vi) then south-westerly along the geodesic to the intersection of the 5 km line by the geodesic that passes through the easternmost intersection of the coastline of the mainland at low water by the parallel of latitude 16°17' south, and through the point of latitude 16°19' south, longitude 145°30' east; and (vii) then north-westerly along that geodesic to its intersection by the coastline of the mainland at highest astronomical tide; and (viii)then generally northerly along the coastline at highest astronomical tide including tidal waters and tidal land of all rivers, creeks and streams at highest astronomical tide to the point of commencement; but excludes—
46 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) (ix) the area set out in clause 4(3)(g); (3) Part of the Mulgrave-Johnstone Management Area that consists of— (a) the area the boundary of which— (i) commences at the westernmost point of the 1 km line around Green Island reef (reef 16–049); and (ii) runs generally south-easterly, easterly and north-easterly along that 1 km line to its easternmost point; and (iii) then north-easterly along the geodesic that passes through the southernmost point of the 1 km line around Arlington Reef (reef 16–064) to its intersection by the 2 km line around Green Island reef; and (iv) then generally north-westerly and westerly along that 2 km line to its northernmost intersection by the meridian of longitude that passes through the westernmost point of the 1 km line around Green Island reef; and (v) then south along that meridian of longitude to the point of commencement; but excludes— (vi) the area set out in clause 5(3)(a); and (vii) the area set out in clause 6(3)(a); and (b) the area the boundary of which— (i) commences at the northernmost point of the coastal 500 m line around Little Fitzroy Island; and (ii) runs generally westerly and south-westerly to its westernmost intersection with the coastal 500 m line around Fitzroy Island; and (iii) then generally south-westerly, southerly, south-westerly, southerly, south-easterly, easterly, north-easterly and northerly along that coastal 500 m line to its easternmost intersection with the coastal 500 m line around Little Fitzroy Island; and
47 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) (iv) then generally north-easterly, northerly and north-easterly to its point of commencement; but excludes— (v) the area set out in clause 4(5)(a); and (c) the area the boundary of which— (i) commences at the northernmost point of the 1 km line around Tobias Spit (reef 17–009); and (ii) runs generally south-westerly and southerly along that 1 km line to its westernmost intersection by the coastal 1 km line around High Island; and (iii) then generally south-westerly, southerly, south-easterly, easterly, north-easterly and northerly along that coastal 1 km line to its easternmost intersection by the 1 km line around Tobias Spit; and (iv) then generally northerly, north-westerly and westerly along that 1 km line to the point of commencement; and (d) the area the boundary of which— (i) commences at the intersection of the coastline of the mainland at highest astronomical tide by the parallel of latitude 17°39.5' south; and (ii) runs east along that parallel to its intersection by the geodesic that passes through the easternmost point on Double Point on the coastline of the mainland at low water, and through the point of latitude 17°43.25' south, longitude 146°07.63' east; and (iii) then south-westerly along the geodesic to the point of latitude 17°43.25' south, longitude 146°07.63' east; and (iv) then south-easterly along the geodesic that passes through the northernmost point of Stephens Island at low water to its northernmost intersection by the 500 m line around south Barnard Islands reef (reef 17–046); and (v) then generally south-westerly, southerly, south-easterly,
48 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) easterly and north-easterly along that 500 m line to its northernmost intersection by the 500 m line around King Reef (reef 17–048); and (vi) then generally south-easterly along the median line between King and south Barnard Islands reefs to its southernmost intersection by the 500 m line around south Barnard Islands reef; and (vii) then generally easterly and north-easterly along that 500 m line to its easternmost point adjacent to Sisters Island; and (viii)then south-westerly along the geodesic that passes through the easternmost point of the 500 m line around King Reef (reef 17–048) to its intersection by the 5 km line; and (ix) then generally southerly along that 5 km line to its intersection by the geodesic that passes through the point of latitude 17°49' south, longitude 146°09.7' east and through the intersection of the parallel of latitude 17°47.5' south of the coastline of the mainland at low water; and (x) then westerly along the geodesic to the point of intersection of the parallel of latitude 17°49.2' south by the coastline of the mainland at highest astronomical tide; and (xi) then generally northerly along the coastline of the mainland at highest astronomical tide (including tidal waters and tidal land of all rivers, creeks and streams at highest astronomical tide) to the point of commencement; but excludes— (xii) the area set out in clause 6(3)(d); and (xiii)tidal waters and tidal land upstream from the northernmost boundary of National Park N.P.1608, Parish of Hull, County of Nares; and (e) the area the boundary of which— (i) commences at the northernmost intersection of the 500 m line around the Jessie Island and Kent Island reef complex
49 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) (reef 17–043a) by the meridian of longitude 146°10.5' east; and (ii) runs south along that meridian to its southernmost intersection by the 500 m line around the Jessie Island and Kent Island reef complex; and (iii) then generally south-easterly, easterly, north-easterly, northerly and north-westerly along that 500 m line to the point of commencement; and (f) the area the boundary of which— (i) commences at the northernmost point of the coastline of the mainland at Turtle Bay at high water; and (ii) runs generally south-easterly and easterly along that coastline to the easternmost point of Turtle Bay at high water; and (iii) then north-easterly along the geodesic to the easternmost point of the coastline of the mainland at Turtle Bay at low water; and (iv) then north-westerly along the geodesic to the northernmost point of the coastline of the mainland at Turtle Bay at low water; and (v) then southerly along the geodesic to the point of commencement; and (g) the area the boundary of which— (i) commences at the southernmost point of the coastline of the mainland at Little Turtle Bay at high water; and (ii) runs generally south-easterly, southerly, south-westerly, southerly, easterly and westerly along that coastline (including tidal waters and tidal land of all rivers, creeks and streams at high water) to the easternmost point on the southern bank of the mouth of Buddabadoo Creek at high water; and (iii) then easterly along the geodesic to the easternmost point of the coastline of the mainland on the southern bank of the
50 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) mouth of Buddabadoo Creek; and (iv) then north-easterly along the geodesic to the easternmost point of the coastline of the mainland at Deception Point at low water; and (v) then north-easterly along the geodesic to the southernmost point of the coastline of the mainland at Little Turtle Bay at low water; and (vi) then north-westerly along the geodesic to the point of commencement; but excludes— (vii) tidal waters and tidal land that are part of the area held under Deed of Grant in Trust to the Yarrabah Aboriginal Community. Estuarine Conservation Zone 3. The Estuarine Conservation Zone consists of— (1) Tidal waters and tidal land of the Endeavour River that are within the Endeavour Management Area and are— (a) upstream from an imaginary line that— (i) commences at the southernmost point of the coastline of the mainland at Point Saunders, and (ii) runs easterly along the geodesic to the Navigation Aid located at, or about, the point of latitude 15°27.81' south, longitude 145°14.418' east; and (iii) then south-easterly along the geodesic to the westernmost point of the vegetation line on the eastern bank of the middle mouth of Chinamans Creek; and (iv) then south-easterly along the geodesic to the point of intersection of the riverwards boundary of the old railway route along the southern bank of the Endeavour River by the imaginary line that is the continuation of the southerly
51 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) boundary of Furneaux Street, Cooktown; and (b) downstream from the meridian of longitude 145°13.2' east; and (2) Part of the Daintree Management Area that consists of the area the boundary of which— (i) commences at the easternmost point of the mainland of the northern bank of the Annan River at highest astronomical tide; and (ii) runs generally southerly, south-easterly, easterly, north-easterly along the coastline at highest astronomical tide (including tidal waters and tidal land of all rivers, creeks and streams at highest astronomical tide) to the northernmost point of the coastline of the mainland at Grave Point at the highest astronomical tide; and (iii) then generally north-easterly along the geodesic that passes through the southernmost point of the 500 m line around Dawson Reef to its intersection by the geodesic that passes through the easternmost point of the north bank of the Annan River at the highest astronomical tide and the point of intersection of the geodesic that passes through the northernmost point of the 500 m line around Gubbins Reef (reef 15–063) and the westernmost point of the 500 m line around Egret Reef (reef 15–013) by the parallel of latitude 15°33.3' south; and (iv) then north-westerly along the geodesic to the point of commencement; but excludes— (v) tidal waters and tidal land of the Annan River that are upstream from the bridge near Lung Island, on the Cooktown Development Road; and (vi) tidal waters and tidal land of the Esk River that are south of the parallel of latitude 15°34.4' south; and (3) Part of the Port Douglas Management Area that consists of—
52 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) (a) the area the boundary of which— (i) commences at the northernmost point of the coastline of the mainland on the eastern bank of the mouth of Dicksons Inlet; and (ii) runs north along the meridian of longitude that passes through that point to its southernmost intersection by the coastal 500 m line; and (iii) then generally north-westerly along that coastal 500 m line to its intersection by the parallel of latitude that passes through the point of intersection by the coastline of the mainland at highest astronomical tide by an imaginary line drawn to extend the southerly boundary of Melaleuca Drive; and (iv) then west along that parallel to its easternmost intersection by the coastline of the mainland at highest astronomical tide; and (v) then generally southerly, south-westerly, north-easterly, northerly and easterly along the coastline of the mainland at highest astronomical tide to the point of commencement; but excludes— (vi) tidal waters and tidal land that are west of the easterly boundary of the Captain Cook Highway; and (vii) the area the boundary of which— (A) commences at the easternmost point of the coastline of the mainland on the eastern bank of the mouth of Dicksons Inlet of the boundary of Recreation Reserve R159, Parish of Victory, County of Solander; and (B) runs westerly along the geodesic to the north-westernmost point of Reserve for Local Government(Port and Harbours) purposes R171, Parish of Victory, County of Solander; and (C) then south-easterly along the geodesic to easternmost point of the vegetation line of Magazine Island; and
53 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) (D) then generally southerly and south-westerly along that vegetation line to its southernmost point; and (E) then southerly along the geodesic to the easternmost point of the vegetation line of Ferry Reserve R25, Parish of Victory, County of Solander; and (F) then generally southerly, south-easterly and south-westerly along that vegetation line to its intersection by the southerly boundary line of Reserve for Local Government R177, Parish of Victory, County of Solander; and (G) then south-easterly along that southerly boundary of that Reserve to its south-easternmost point, and (H) then generally northerly along the edge of alienated lands to the point of commencement; and (viii)tidal waters and tidal land of the reduced area of Special Lease 09/23884 over Lot 136 on Plan SR 550 detailed on Cairns Marine Park Plan No. 1 held at the Cairns office of the Department of Environment and Heritage; and (b) the area the boundary of which— (i) commences at the easternmost point of the coastline of the mainland on the southern bank of the Mowbray River at highest astronomical tide; and (ii) runs north-east along the geodesic to its easternmost intersection by the reef edge of Alexander Reef (reef 16–039); and (iii) then generally north-westerly along that reef edge to its point of intersection by the coastline of the mainland at low water; and (iv) then west along the parallel of latitude that passes through that point to its easternmost intersection by the coastline of the mainland at highest astronomical tide; and (v) then generally south-easterly along the coastline of the
54 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) mainland at highest astronomical tide (including tidal waters and tidal land of all rivers creeks and streams at highest astronomical tide) to the point of commencement; but excludes— (vi) tidal waters and tidal land of the Mowbray River upstream of a point that is 100 m downstream of the bridge crossing on the Captain Cook Highway; and (4) Part of the Mulgrave-Johnstone Management Area that consists of— (a) the area the boundary of which— (i) commences at the northernmost point of the coastline of the mainland at False Cape at highest astronomical tide; and (ii) runs generally south-easterly, easterly and north-easterly along that coastline at highest astronomical tide (including tidal waters and tidal land of all rivers, creeks and streams at highest astronomical tide) to the northernmost point of Cape Grafton at highest astronomical tide; and (iii) then along the geodesic to the northernmost point of the coastline of the mainland at Cape Grafton at low water; and (iv) then along the geodesic to the northernmost point of the mainland at False Cape at low water; and (v) southerly along the geodesic to the point of commencement; but excludes— (vi) tidal waters and tidal land that are part of the Deed of Grant in Trust to the Yarrabah Aboriginal Community; and (b) tidal waters and tidal land of the Mulgrave River, Russell River and Mutchero Inlet that are— (i) upstream from the imaginary line that— (A) commences at the easternmost point of the coastline of the mainland on Flirt Point at highest astronomical tide; and (B) runs then easterly along the geodesic to the easternmost
55 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) point of the coastline of the mainland on Flirt Point at high water; and (C) then southerly along the geodesic to the easternmost point of the coastline of the mainland on Constantine Point at high water; and (D) then westerly along the geodesic the easternmost point of the coastline of the mainland on Constantine Point at highest astronomical tide; and (ii) downstream of the northernmost point of Environmental Park R1548, Parish of Sophia, County of Nares, on the south bank of the Mulgrave River; but excludes— (iii) tidal waters and tidal land of the Russell River that are south of the parallel of latitude 17°15' south; and (c) tidal waters and tidal land that are— (i) upstream from an imaginary line that— (A) commences at the easternmost point of the coastline of the mainland at Flying Fish Point at highest astronomical tide; and (B) runs southerly along the geodesic to the easternmost point of the coastline of the mainland at Flying Fish Point at high water; and (C) then south-easterly along the geodesic to the easternmost point of the coastline of the mainland at Thompson Point at high water; and (D) thence westerly along the geodesic to the easternmost point of the coastline of the mainland at Thompson Point at highest astronomical tide; and (ii) east of the meridian of longitude that passes through the westernmost point of Banana Island Environmental Park at low water; and (iii) downstream of the road crossing of Coquette Point Road on
56 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) Ninds Creek; and (d) tidal waters and tidal land of the Moresby River, Mourilyan Creek and their tributaries that are— (i) upstream from the imaginary line that— (A) commences at the point of latitude 17°36.1' south, longitude 146°6.1' east; and (B) runs south-easterly along the geodesic to the point of latitude 17°36.6' south, longitude 146°6.4' east; and (C) then south along the meridian of longitude 146°6.4' east to its intersection by the parallel of latitude 17°37' south; and (D) then easterly along the geodesic to the point of latitude 17°37.3' south, longitude 146°7.8' east; and (ii) downstream from the junction of Little Moresby Creek on the Moresby River; and (iii) north of the parallel of latitude 17°38.9' south on Mourilyan Creek. Conservation Park Zone 4. The Conservation Park Zone consists of— (1) Part of the Starcke Management Area that consists of— (a) the area the boundary of which— (i) commences at the westernmost point of the coastline of Lizard Island on South Bay Point at high water; and (ii) runs westerly along the geodesic to the westernmost point of the coastline of Lizard Island on South Bay Point at low water; and (iii) then west along the parallel of latitude that passes through that point to its westernmost intersection by the coastal 500 m line around Lizard Island; and
57 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) (iv) then generally northerly, north-easterly, easterly, south–easterly, southerly and south-westerly along that coastal 500 m line to its intersection by the geodesic that passes through the point of latitude 14°41.524' south, longitude 145°28.434' east and the easternmost point of the coastline of Lizard Island on Lizard Head at low water, being the approximate bearing of the ridge that terminates at Lizard Head; and (v) thence north-westerly along that geodesic to the easternmost point of the coastline of Lizard Island on Lizard Head at low water; and (vi) then north-westerly along the geodesic to the easternmost point of the coastline of Lizard Island on Lizard Head at high water; and (vii) then generally north-westerly, northerly, easterly, north-easterly, northerly, north-westerly, westerly, southerly and south-westerly along that coastline at high water to the point of commencement; but excludes— (viii)the area set out in clause 6(1)(f); and (b) the area the boundary of which— (i) commences at the point of intersection of the parallel of latitude 15°05' south by the coastline of the mainland at highest astronomical tide; and (ii) runs generally southerly along that coastline at highest astronomical tide (including tidal waters and tidal land of all rivers, creeks and streams at highest astronomical tide) to its intersection by the parallel of latitude 15°13.5' south; and (iii) then east along that parallel to its intersection by the meridian of longitude 145°20.28' east, in the vicinity of Cape Bedford; and (iv) then north-westerly along the geodesic to the point of intersection of the parallel of latitude 15°05' south by the
58 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) coastline of the mainland at low water; and (v) then west along that parallel to the point of commencement; but excludes— (vi) tidal waters and tidal land of the McIvor upstream from its junction with the Morgan River; and (2) Part of the Endeavour Management Area that consists of— (a) tidal waters and tidal land of the Endeavour River that are— (i) upstream from the meridian of longitude 145°13.2' east; and (ii) downstream from a point that is 100 m downstream from the Endeavour Bridge crossing on the Cooktown–McIvor River Road.; and (b) tidal waters and tidal land of the Endeavour River Right Branch that are— (i) upstream from its junction with the Endeavour River; and (ii) downstream from its junction with Barrett Creek (Barratt Creek); and (3) Part of the Daintree Management Area that consists of— (a) the area the boundary of which— (i) commences at the northernmost point of the 500 m line around East Hope Island reef (reef 15–065); and (ii) runs generally south-easterly, southerly and south-westerly along that 500 m line to its southernmost point; and (iii) then south-westerly along the geodesic to the southernmost point of the 500 m line around West Hope Island reef (reef 15–064); and (iv) then generally north-westerly, northerly, north-easterly and easterly along that 500 m line to its northernmost point; and (v) then easterly along the geodesic to the point of commencement; and
59 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) (b) the area the boundary of which— (i) commences at the easternmost point of intersection of the coastline of the mainland at highest astronomical tide by the parallel of latitude 15°39.88' south, in the vicinity of Forsberg Point; and (ii) runs east along that parallel to its intersection by the coastal 500 m line; and (iii) then generally south-easterly along that coastal 500 m line to its easternmost intersection by the parallel of latitude 15°45.968' south; and (iv) then west along that parallel to its intersection by the coastline of the mainland at highest astronomical tide, in the vicinity of Obree Point; and (v) then generally north-westerly along that coastline at highest astronomical tide (including tidal waters and tidal land of rivers, creeks and streams at highest astronomical tide) to the point of commencement; and (c) tidal waters and tidal land of Bauer Inlet, the Gap, Russell, Hislop and Willie Creeks that are— (i) upstream from an imaginary line that— (A) commences at the southernmost point of the mainland on the north bank of the entrance to Bauer Inlet at highest astronomical tide; and (B) runs southerly along the geodesic to the southernmost point of the mainland on the north bank of the entrance to Bauer Inlet at high water; and (C) then southerly along the geodesic to the northernmost point of the mainland on the south bank of the entrance to Bauer Inlet at high water; and (D) then southerly along the geodesic to the northernmost point of the mainland on the south bank of the entrance to Bauer Inlet at highest astronomical tide; and
60 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) (ii) downstream from the Bloomfield-Rossville Road; and (d) tidal waters and tidal land of the Bloomfield River that are— (i) upstream from an imaginary line that— (A) commences at the easternmost point of the mainland on the north bank of the mouth of the Bloomfield River at highest astronomical tide; and (B) runs easterly along the geodesic to the easternmost point of the mainland on the north bank of the mouth of the Bloomfield River at high water; and (C) then generally south-easterly along the geodesic to the easternmost point of the mainland on the south bank of the mouth of the Bloomfield River at high water; and (D) then westerly along the geodesic to the easternmost point of the mainland on the south bank of the mouth of the Bloomfield River at highest astronomical tide; and (ii) downstream of the parallel of longitude that passes through the southernmost point of Spit Island at low water; and (e) the area the boundary of which— (i) commences at the easternmost point of intersection of the coastline of the mainland at highest astronomical tide by the parallel of latitude 16°05' south, south of Cape Tribulation; and (ii) runs east along that parallel to its easternmost intersection by the coastal 500 m line; and (iii) then generally southerly along that coastal 500 m line to its intersection by the parallel of latitude 16°13.44' south; and (iv) then west along that parallel to its intersection by the coastline of the mainland at highest astronomical tide, south of Bailey Point; and (v) then generally northerly along that coastline at highest astronomical tide (including tidal waters and tidal land of all rivers, creeks and streams at highest astronomical tide) to the
61 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) point of commencement; and (f) tidal waters and tidal land of the Daintree River and its tributaries— (i) upstream from an imaginary line that— (A) commences at the easternmost point of the coastline of the mainland on the northern bank of the mouth of the Daintree River at highest astronomical tide; and (B) runs easterly along the geodesic to the easternmost point of the coastline of the mainland on the northern bank of the mouth of the Daintree River at high water; and (C) then south-westerly along the geodesic to the easternmost point of the coastline of the mainland on the southern bank of the mouth of the Daintree River at high water; and (D) then westerly along the geodesic to the easternmost point of the coastline of the mainland on the southern bank of the mouth of the Daintree River at highest astronomical tide; and (ii) downstream of the junction of the Daintree River and Barratt Creek; but excludes— (iii) the area set out in clause 6(2)(d); and (g) the area enclosed within the reef edge of Snapper Island reef (reef 16–006); and (4) Part of the Port Douglas Management Area that consists of— (a) the area the boundary of which— (i) commences at the easternmost point of the coastline of the mainland on the southern bank of the Mowbray River at highest astronomical tide; and (ii) runs north-east along the geodesic to its easternmost
62 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) intersection by the reef edge of Alexander Reef (reef 16–039); and (iii) then generally southerly along that reef edge to its southernmost point of intersection by the coastline of the mainland at low water; and (iv) then west along the parallel of latitude that passes through that point to its intersection by the coastline of the mainland at highest astronomical tide; and (v) then generally north-westerly along the coastline of the mainland at highest astronomical tide (including tidal waters and tidal land of all rivers, creeks and streams at highest astronomical tide) to the point of commencement; and (5) Part of the Mulgrave-Johnstone Management Area that consists of— (a) the area the boundary of which— (i) commences at the southernmost point of Fitzroy Island at high water; and (ii) runs south along the meridian of longitude that passes through that point to its intersection by the coastal 200 m line of Fitzroy Island; and (iii) then generally north-westerly, northerly and north-easterly along that coastal 200 m line to its westernmost intersection by the coastal 200 m line around Little Fitzroy Island; and (iv) then generally northerly and north-easterly along that coastal 200 m line to its northernmost point; and (v) then southerly along the geodesic to the northernmost point of the coastline of Little Fitzroy Island at highest astronomical tide; and (vi) then generally south-westerly, southerly and easterly along that coastline at highest astronomical tide to its southernmost point; and (vii) then south-westerly along the geodesic to the easternmost point on the coastline of Fitzroy Island at high water; and
63 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) (viii)then generally north-westerly, south-westerly, southerly and south-easterly along that coastline at high water to the point of commencement; and (b) the area the boundary of which— (i) commences at the northernmost point of the 500 m line around Normanby and Mabel Islands and Grange Rock reef (reef 17–012a); and (ii) runs generally easterly and south-easterly along that 500 m line to its northernmost intersection by the 500 m line around Round and Russell Islands reef (reef 17–013); and (iii) then generally south-easterly, southerly, south-westerly and westerly along that 500 m line to its southernmost intersection by the 500 m line around Jones Patch (reef 17–012b); and (iv) then generally westerly, north-westerly and northerly along that 500 m line to its southernmost intersection by the 500 m line around Normanby and Mabel Islands and Grange Rock reef (reef 17–012a); and (v) then generally north-westerly, northerly and north-easterly along that 500 m line to the point of commencement; and (c) the area the boundary of which— (i) commences at the northernmost point of the 500 m line around Bresnahan Island reef (reef 17–043b); and (ii) runs generally easterly and southerly along that 500 m line to its intersection by the 500 m line around Jessie Island and Kent Island reef complex (reef 17–043a); and (iii) then generally easterly along that 500 m line to its northernmost intersection by the meridian of longitude 146°10.5' east; and (iv) then south along that meridian to its southernmost intersection by the 500 m line around the Jessie Island and Kent Island reef complex; and
64 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) (v) then generally north-westerly along that 500 m line to its southernmost intersection by the 500 m line around Hutchison Island reef (reef 17–043c); and (vi) then generally north-westerly, northerly and north-easterly along that 500 m line to its intersection with the 500 m line around Bresnahan Island reef (reef 17–043b); and (vii) then generally northerly and north-easterly along that 500 m line to the point of commencement; and (d) tidal waters and tidal land of the Russell River that are— (i) south of the parallel of latitude 17°15' south; and (ii) downstream of a point that is 500 m downstream from the junction of the Russell River and Babinda Creek. Buffer Zone 5. The Buffer Zone consists of— (1) Part of the Starcke Management Area that consists of— (a) the area enclosed within the 500 m line of Eyrie Reef (reef 14–118) but excluding the area set out in clause 6(1)(a); and (b) the areas enclosed within the coastal 500 m line of each of the following islands— (i) Nymph Island; (ii) South Direction Island; (iii) Rocky Islets; (iv) Three Islands; but excluding— (v) the areas set out in clause 6(1)(b); and (c) the area the boundary of which— (i) commences at the westernmost point of the coastline of Lizard Island on South Bay Point at low water; and
65 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) (ii) runs west along the parallel of latitude that passes through that point to its westernmost intersection by the coastal 500 m line around Lizard Island; and (iii) then generally southerly, south-easterly, easterly and north-easterly along that coastal 500 m line to its easternmost intersection by the parallel of latitude that passes through the southernmost point of the coastline on the south-eastern end of South Island at low water; and (iv) then west along that parallel to the southernmost point of the coastline on the south-eastern end of South Island at low water; and (v) then north-westerly along the geodesic to the southernmost point of the coastline on the south-eastern end of South Island at high water; and (vi) then generally westerly and north-westerly along that coastline at high water to its westernmost point; and (vii) then westerly along the geodesic to the westernmost point of the coastline of South Island at low water; and (viii)then north-westerly along the geodesic to the southernmost point of the coastline of Palfrey Island at low water; and (ix) then northerly along the geodesic to the southernmost point of the coastline of Palfrey Island at high water; and (x) then generally westerly, north-westerly and northerly along that coastline at high water to its westernmost point; and (xi) then westerly along the geodesic to the westernmost point of Palfrey Island at low water; and (xii) then northerly along the geodesic to the point of commencement; and (2) Part of the Daintree Management Area that consists of the area enclosed within the 500 m line around Low Islets reef (reef 16–028) but excludes the area set out in clause 6(2)(a); and (3) Part of the Mulgrave-Johnstone Management Area that consists of—
66 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) (a) the area enclosed within the 500 m line of Green Island reef (reef 16–049) but excluding the area set out in clause 6(3)(a); and (b) the area the boundary of which— (i) commences at the northernmost point of intersection of the 500 m line around King Reef (reef 17–048) by the 500 m line around South Barnard Islands reef (reef 17–046); and (ii) runs generally south-easterly along the median line between King and South Barnard Islands reefs to its southernmost intersection by the 500 m line around South Barnard Islands reef; and (iii) then generally easterly, north-easterly, northerly, westerly, south-westerly and southerly along that 500 m line to the point of commencement; but excludes— (iv) the area set out in clause 6(3)(c). National Park Zone 6. The National Park Zone consists of— (1) Part of the Starcke Management Area that consists of— (a) Eyrie Reef (reef 14–118) located at, or about, latitude 14°43' south, longitude 145°23' east, the area depicted in dark green on Inset E of the Zoning Map in the Cairns Section Zoning Plan; and (b) the areas enclosed within the line every point of which is 100 m seaward from the nearest point of the coastline at low water of each of the following islands— (i) Nymph Island; (ii) South Direction Island; (iii) Rocky Islets; (iv) Three Islands; and (c) the area enclosed within the 500 m line of Decapolis Reef
67 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) (reef 14–131); and (d) the area the boundary of which— (i) commences at the westernmost point of the 500 m line around Pethebridge Islets reef (reef 14–122b); and (ii) runs north-westerly along the geodesic that passes at a tangent to the coastline of the mainland at low water on Murdoch Point, to its intersection by the geodesic between the point of latitude 14°18.27' south, longitude 145°39' east and the point of latitude 14°40' south, longitude 144°56.5' east; and (iii) then south-westerly along that geodesic to its intersection by the coastline of the mainland at low water; and (iv) then generally south-easterly along that coastline at low water to its intersection by the parallel of latitude 14°46.3' south; and (v) then east along that parallel of latitude to its intersection by the coastal 100 m line; and (vi) then generally south-easterly and easterly along that coastal 100 m line to its intersection by the geodesic that passes through the northernmost point on Lookout Point on the coastline of the mainland at low water and the westernmost point of the 500 m line around Pethebridge Islets reef (reef 14–112b); and (vii) then north-westerly along that geodesic to the point of commencement; and (e) the area the boundary of which— (i) commences at the easternmost point of the coastline of Lizard Island on Lizard Head at high water; and (ii) runs along the geodesic to the easternmost point of the coastline of Lizard Island on Lizard Head at low water; and (iii) then south-easterly along the geodesic that passes through the point of latitude 14°41.524' south, longitude 145°28.434'
68 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) east to its intersection by the coastal 500 m line of Lizard Island; and (iv) then generally south-westerly along that coastal 500 m line to its intersection by the parallel of latitude that passes through the southernmost point of the coastline on the south-eastern end of South Island at low water; and (v) then west along that parallel to the southernmost point of the coastline on the south-eastern end of South Island at low water; and (vi) then north-westerly along the geodesic to the southernmost point of the coastline on the south-eastern end of South Island at high water; and (vii) then generally north-easterly, northerly, westerly, south-westerly and southerly along that coastline at high water to its westernmost point; and (viii)then westerly along the geodesic to the westernmost point of the coastline of South Island at low water; and (ix) then north-westerly along the geodesic to the southernmost point of the coastline of Palfrey Island at low water; and (x) then northerly along the geodesic to the southernmost point of the coastline of Palfrey Island at high water; and (xi) then generally easterly, north-easterly, northerly, north-westerly, westerly and south-westerly along that coastline at high water to its westernmost point; and (xii) then westerly along the geodesic to the westernmost point of the coastline of Palfrey Island at low water; and (xiii)then northerly along the geodesic to the westernmost point of the coastline of Lizard Island on South Bay Point at low water; and (xiv)then easterly along the geodesic to the westernmost point of the coastline of Lizard Island on South Bay Point at high water; and
69 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) (xv) then generally south-easterly, southerly, easterly, north-easterly, easterly and south-easterly along that coastline at high water to the point of commencement; and (f) the area the boundary of which— (i) commences at the westernmost intersection of the parallel of latitude 14°39.077' south by the coastline of Lizard Island at high water in the vicinity of a distinctive split in the rock face; and (ii) runs then generally southerly, south-easterly and south-westerly along that coastline at high water to its westernmost point adjacent to Chinamans Ridge; and (iii) then north-westerly along the geodesic to the westernmost point of the coastline of Lizard Island at low water, adjacent to Chinamans Ridge; and (iv) then north-westerly along the geodesic that passes through the point of longitude 14°39.56' south, longitude 145°26.52' east, being the approximate bearing of the direction of the southern side of Chinamans Ridge, to its intersection by the reef edge around Lizard Island; and (v) then generally northerly along that reef edge to its westernmost intersection by the parallel of latitude 14°39.077' south; and (vi) then east along that parallel to the point of commencement; and (g) the area the boundary of which— (i) commences at the southernmost point of the 500 m line around Turtle Reef (reef 14–119b); and (ii) runs generally north-westerly, northerly and north-easterly along that 500 m line to its northernmost point; and (iii) then north-easterly along the geodesic to the northernmost point of the 500 m line around Turtle Group reef (reef 14–120e); and
70 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) (iv) then generally south-easterly along that 500 m line to its easternmost point; and (v) then southerly along the geodesic to the easternmost point of the 500 m line around Turtle Group reef (reef 14–120i); and (vi) then generally south-westerly along that 500 m line to its southernmost point; and (vii) then north-westerly along the geodesic to the southernmost point of the 500 m line around Turtle Group reef (reef 14–120a); and (viii)then north-westerly along the geodesic to the point of commencement; and (2) Part of the Daintree Management Area that consists of— (a) Low Islets reef (reef 16–028), the area depicted in dark green on Inset N of the Zoning Map in the Cairns Section Zoning Plan; and (b) the area the boundary of which— (i) commences at the intersection of the parallel of latitude 15°45.968' south by the coastline of the mainland at highest astronomical tide, in the vicinity of Obree Point; and (ii) runs generally southerly, easterly, south-easterly and southerly along that coastline at highest astronomical tide (including tidal waters and tidal land of all rivers, creeks and streams at highest astronomical tide) to its intersection by the parallel of latitude 15°50.9592' south, in the vicinity of the northern bank of Fritz Creek; and (iii) then east along that parallel to its intersection by the coastal 500 m line; and (iv) then generally northerly, north-westerly, westerly and northerly along that coastal 500 m line to its intersection by the parallel of latitude 15°45.968' south; and (v) then west along that parallel to the point of commencement; and
71 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) (c) the area the boundary of which— (i) commences at the intersection of the parallel of latitude 16°05' south by the coastline of the mainland at highest astronomical tide, south of Cape Tribulation; and (ii) runs generally northerly and north-westerly along that coastline at highest astronomical tide (including tidal waters and tidal land of all rivers, creeks and streams at highest astronomical tide) to its intersection by the meridian of longitude 145°22.72' east; and (iii) then north along that meridian to its intersection by the coastal 500 m line of the mainland; and (iv) then generally southerly along that coastal 500 m line to its easternmost intersection by the parallel of latitude 16°05' south; and (v) then west along that parallel to the point of commencement; and (d) tidal waters and tidal land of the Daintree River south arm, south of the parallel of latitude 16°17.6' south; and (3) Part of The Mulgrave-Johnstone Management Area that consists of— (a) Green Island reef (reef 16–049), the area depicted in dark green on Inset R of the Zoning Map in the Cairns Section Zoning Plan; and (b) the area enclosed within the reef edge of Normanby and Mable Islands and Grange Rock reef (reef 17–012a); and (c) the area enclosed within the line every point of which is 100 m seawards from the nearest point of coastline at low water from South Barnard Islands; and (d) tidal waters and tidal land of Mourilyan Creek that are— (i) south of the parallel of latitude 17°38.9' south; and (ii) north of the parallel of latitude 17°41' south; and (e) tidal waters and tidal land of Maria Creek and North Maria Creek
72 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) that are— (i) upstream of the easternmost crossing of Maria Creek by the boundary of National Park N.P.1445, Parish of Hull, County ares; and (ii) downstream of the westernmost boundary of National Park N.P.1445 on North Maria Creek on its south bank. No Structures Zone 7. The No Structures Zone consists of— (1) Part of the Starcke Management Area that consists of— (a) the areas enclosed within the 500 m line of the following reefs— (i) Nymph Island reef (reef 14–115); (ii) Eyrie Reef (reef 14–118); (iii) Two Islands reef (reef 15–002); (iv) Low Wooded Island reef (reef 15–003); (v) Three Islands reef (reef 15–005); and (b) the area the boundary of which— (i) commences at the northernmost point on Lookout Point on the coastline of the mainland at highest astronomical tide; and (ii) runs northerly along the geodesic to the northernmost point of the coastline of the mainland of Lookout Point at low water; and (iii) then north-westerly along the geodesic to the westernmost point of the 500 m line around Pethebridge Islets reef (reef 14–122b); and (iv) then north-westerly along the geodesic that passes at a tangent to the coastline of the mainland at low water on Murdoch Point, to its intersection by the geodesic between the point of latitude 14°18.27' south, longitude 145°39' east
73 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) and the point of latitude 14°40' south, longitude 144°56.5' east; and (v) then south-westerly along that geodesic to its intersection by the coastline of the mainland at highest astronomical tide; and (vi) then generally south-easterly along that coastline at highest astronomical tide (including tidal waters and tidal land of all rivers, creeks and streams at highest astronomical tide) to the point of commencement; but excludes— (vii) tidal waters and tidal land of the Starcke River upstream of the imaginary line drawn by the meridian of longitude 144°58.25' east; and (c) the area the boundary of which— (i) commences at the southernmost point of the 500 m line around Turtle Reef (reef 14–119b); and (ii) runs generally north-westerly, northerly and north-easterly along that 500 m line to its northernmost point; and (iii) then north-easterly along the geodesic to the northernmost point of the 500 m line around Turtle Group reef (reef 14–120e); and (iv) then generally south-easterly along that 500 m line to its easternmost point; and (v) then southerly along the geodesic to the easternmost point of the 500 m line around Turtle Group reef (reef 14–120i); and (vi) then generally south-westerly along that 500 m line to its southernmost point; and (vii) then north-westerly along the geodesic to the southernmost point of the 500 m line around Turtle Group reef (reef 14–120a); and (viii)then north-westerly along the geodesic to the point of commencement; and
74 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) (d) the area the boundary of which— (i) commences at the southernmost point on Research Point on the coastline of Lizard Island at high water; and (ii) runs southerly along the geodesic to the southernmost point on Research Point on the coastline of Lizard Island at low water; and (iii) then west along the parallel of latitude that passes through that point to its intersection by the coastal 500 m line around Lizard Island; and (iv) then generally southerly, south-easterly, easterly, north-easterly, northerly, north-westerly, westerly, south-westerly and southerly along that coastal 500 m line to its intersection by the parallel of latitude that passes through the northernmost point on Mrs Watsons Beach on the coastline of Lizard Island at low water; and (v) then east along that parallel to the northernmost point on Mrs Watsons Beach on the coastline of Lizard Island at low water; and (vi) then easterly along the geodesic to the northernmost point of Mrs Watsons Beach on the coastline of Lizard Island at high water; and (vii) then generally north-westerly, northerly, easterly, south-easterly, south-westerly, westerly and north-westerly along that coastline at high water to the point of commencement; and (e) the area the boundary of which— (i) commences at the northernmost point of the 500 m line around South Direction Island reef (reef 14–147a and b); and (ii) runs generally south-easterly and southerly along that 500 m line to its easternmost point; and (iii) then south-easterly along the geodesic to the north-easternmost point of the 500 m line around Rocky
75 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) Islets reef (reef 14–132b); and (iv) then generally southerly, south-westerly and westerly along that 500 m line to its southernmost point; and (v) then north-westerly along the geodesic to the southernmost point of the 500 m line around Rocky Islets reef (reef 14–132a); and (vi) then generally westerly, northerly and north-easterly along that 500 m line to its northernmost point; and (vii) then north-easterly along the geodesic to the westernmost point of the 500 m line around South Direction Island reef; and (viii)then generally northerly and north-easterly along that 500 m line to the point of commencement; and (2) Part of the Daintree Management Area that consists of— (a) the area the boundary of which— (i) commences at the northernmost point of the 1 km line around East Hope Island reef (reef 15–065); and (ii) runs generally south-easterly, southerly and south-westerly along that 1 km line to its southernmost point; and (iii) then south-westerly along the geodesic to the southernmost point of the 1 km line around West Hope Island reef (reef 15–064); and (iv) then generally north-westerly, northerly, north-easterly and easterly along that 1 km line to its northernmost point; and (v) then easterly along the geodesic to the point of commencement; and (b) the area the boundary of which— (i) commences at the intersection of the parallel of latitude 15°45.968' south by the coastline of the mainland at highest astronomical tide, in the vicinity of Obree Point; and (ii) runs generally southerly, easterly, south-easterly and
76 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) southerly along that coastline at highest astronomical tide (including tidal waters and tidal land of all rivers, creeks and streams at highest astronomical tide) to its intersection by the parallel of latitude 15°50.9592' south, in the vicinity of the northern bank of Fritz Creek; and (iii) then east along that parallel to its intersection by the coastal 500 m line; and (iv) then generally northerly, north-westerly, westerly and northerly along that coastal 500 m line to its intersection by the parallel of latitude 15°45.968' south; and (v) then west along that parallel to the point of commencement; and (c) the area the boundary of which— (i) commences at the intersection of the parallel of latitude 16°05' south by the coastline of the mainland at highest astronomical tide, south of Cape Tribulation; and (ii) runs generally northerly and north-westerly along that coastline at highest astronomical tide (including tidal waters and tidal land of all rivers, creeks and streams at highest astronomical tide) to its intersection by the meridian of longitude 145°22.9' east; and (iii) then north along that meridian to its intersection by the coastal 500 m line of the mainland; and (iv) then generally southerly along that coastal 500 m line to its easternmost intersection by the parallel of latitude 16°05' south; and (v) then west along that parallel to the point of commencement; and (d) the area of the boundary of which— (i) commences at the intersection of the parallel of latitude 16°07.041' south by the coastline of the mainland at highest astronomical tide; and
77 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) (ii) runs generally southerly along that coastline at highest astronomical tide (including tidal waters and tidal land of all rivers, creeks and streams at highest astronomical tide) to its intersection by the parallel of latitude 16°08.724' south, in the vicinity of the southern bank of Noah Creek; and (iii) then east along that parallel to its intersection by the coastal 500 m line; and (iv) then generally northerly along that coastal 500 m line to its intersection by the parallel of latitude 16°07.041' south; and (v) then west along that parallel to the point of commencement; and (e) the area the boundary of which— (i) commences at the intersection of the parallel of latitude 16°09.611' south by the coastline of the mainland at highest astronomical tide; and (ii) runs generally southerly along the coastline at highest astronomical tide (including tidal waters and tidal land of all rivers, creeks and streams at highest astronomical tide) to its intersection by the parallel of latitude 16°10.077' south; and (iii) then east along that parallel to its intersection by the coastal 500 m line; and (iv) then generally northerly along that coastal 500 m line to its intersection by the parallel of latitude 16°09.611' south; and (v) then west along that parallel to the point of commencement; and (f) the area the boundary of which— (i) commences at the intersection of the parallel of latitude 16°10.618' south by the coastline of the mainland at highest astronomical tide, in the vicinity of the northern bank of Cooper Creek; and (ii) runs generally southerly along that coastline at highest astronomical tide (including tidal lands and tidal
78 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) astronomical tide) to its intersection by the parallel of latitude 16°11.8' south, just to the north of Bailey Creek; and (iii) then east along that parallel to its intersection by the coastal 500 m line; and (iv) then generally northerly along that coastal 500 m line to its intersection by the parallel of latitude 16°10.618' south; and (v) then west along that parallel to the point of commencement; and (g) the area the boundary of which— (i) commences at the intersection of the parallel of latitude 16°12.3' south by the coastline of the mainland at highest astronomical tide, approximately 0.5 km south-east of the mouth of Bailey Creek; and (ii) runs generally easterly, south-easterly and southerly along that coastline at highest astronomical tide (including tidal waters and tidal land of all rivers creeks and streams at highest astronomical tide) to its intersection by the parallel of latitude 16°13.44' south, south of Bailey Point; and (iii) then east along that parallel of latitude to its intersection by the coastal 500 m line; and (iv) then generally northerly, north-westerly and westerly along that coastal 500 m line to its intersection by the parallel of latitude 16°12.3' south; and (v) then west along that parallel to the point of commencement; and (h) the area the boundary of which— (i) commences at the intersection of the parallel of latitude 16°14.144' south by the coastline of the mainland at highest astronomical tide; and (ii) runs generally south-easterly and southerly along that coastline at highest astronomical tide (including tidal waters and tidal land of all rivers, creeks and streams at highest
79 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) astronomical tide) to its intersection by the parallel of latitude 16°14.879' south; and (iii) then east along that parallel to its intersection by the coastal 500 m line; and (iv) then generally northerly and north-westerly along that coastal 500 m line to its intersection by the parallel of latitude 16°14.114' south; and (v) then west along that parallel to the point of commencement; and (i) the area the boundary of which— (i) commences at the intersection of the coastline of the mainland at highest astronomical tide by the parallel of latitude 16°15.922' south; and (ii) runs east along that parallel to its intersection by the coastal 500 m line; and (iii) then generally southerly along that coastal 500 m line to its easternmost intersection by the parallel of latitude 16°16.73' south; and (iv) then south-easterly along the geodesic to the northernmost point of the coastal 1 km line around Snapper Island; and (v) then generally south-easterly and southerly along that coastal 1 km line to its easternmost point; and (vi) then south-westerly along the geodesic to the intersection of the 5 km line by the geodesic that passes through the easternmost intersection of the coastline of the mainland at low water by the parallel of latitude 16°17' south, and through the point of latitude 16°19' south, longitude 145°30 east; and (vii) then north-westerly along that geodesic to its intersection by the meridian of longitude 145°28.574' east; and (viii)then north along that meridian to its intersection by the coastline of the mainland at highest astronomical tide; and
80 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) (ix) then generally easterly, north-westerly and northerly along that coastline at highest astronomical tide (including tidal waters and tidal land of all rivers, creeks and streams at highest astronomical tide) to the point of commencement; and (3) Part of the Mulgrave-Johnstone Management Area that consists of— (a) the area the boundary of which— (i) commences at the northernmost point of the 1 km line around Tobias Spit (reef 17–009); and (ii) runs generally south-westerly and southerly along that 1 km line to its westernmost intersection by the coastal 1 km line around High Island; and (iii) then generally south-westerly, southerly, south-easterly, easterly, north-easterly and northerly along that coastal 1 km line to its easternmost intersection by the 1 km line around Tobias Spit; and (iv) then generally northerly, north-westerly, westerly and south-westerly along that 1 km line to the point of commencement; and (b) the area the boundary of which— (i) commences at the northernmost point of the 500 m line around Normanby and Mabel Islands and Grange Rock reef (reef 17–012a); and (ii) runs generally easterly and south-easterly along that 500 m line to its northernmost intersection by the 500 m line around Round and Russell Islands reef (reef 17–013); and (iii) then generally south-easterly, southerly, south-westerly, westerly and north-westerly along that 500 m line to its southernmost intersection by the 500 m line around Jones Patch (reef 17–012b); and (iv) then generally westerly, north-westerly and northerly along that 500 m line to its southernmost intersection by the 500 m
81 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) line around Normanby and Mabel Islands and Grange Rock reef (reef 17–012a); and (v) then generally north-westerly, northerly and north-easterly along that 500 m line to the point of commencement; and (c) the area the boundary of which— (i) commences at the northernmost point of the 500 m line around Bresnahan Island reef (reef 17–043b); and (ii) runs generally easterly and southerly along that 500 m line to its intersection by the 500 m line around the Jessie Island and Kent Island reef complex (reef 17–043a); and (iii) then generally easterly along that 500 m line to its northernmost intersection by the meridian of longitude 146°10.5' east; and (iv) then south along that meridian to its southernmost intersection by the 500 m line around the Jessie Island and Kent Island reef complex; and (v) then generally north-westerly along that 500 m line to its southernmost intersection by the 500 m line around Hutchison Island reef (reef 17–043c); and (vi) then generally north-westerly, northerly and north-easterly along that 500 m line around Bresnahan Island (reef 17–043b); and (vii) then generally northerly and north-easterly along that 500 m line to the point of commencement; and (d) the area the boundary of which— (i) commences at the northernmost point of intersection of the 500 m line around King Reef (reef 17–048), by the 500 m line around South Barnard Islands reef (reef 17–046); and (ii) runs generally south-easterly along the median line between King and South Barnard Islands reefs to its southernmost intersection by the 500 m line around South Barnard Islands reef; and
82 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 2 (continued) (iii) then generally easterly, north-easterly, northerly, westerly, south-westerly and southerly along that 500 m line to the point of commencement. Outer Islands Management Area 8. The tidal waters and tidal land in the Outer Islands Management Area are included in the zones applying to the corresponding areas under the zoning plan of the Great Barrier Reef Marine Park—Cairns Section.
83 Marine Parks (Cairns) Zoning Plan 1992 ¡ SCHEDULE 3 DESIGNATED AREA BOUNDARIES Fisheries Experimental Areas 1. The Fisheries Experimental Areas consist of those parts of the Marine Park that are within— (a) the area the boundary of which— (i) commences at the northernmost point of the 500 m line around Potter Reef (reef 17–059a); and (ii) runs generally south-easterly and southerly along that 500 m line to its intersection by the 500 m line around Horseshoe Shoal (reef 17–059c); and (iii) then generally easterly, south-easterly and southerly along that 500 m line to its easternmost point; and (iv) then south-westerly along the geodesic to the easternmost point of the 500 m line around Farquharson Reef (reef 17–063); and (v) then south-easterly along the geodesic to the northernmost point of the 500 m line around Taylor Reef (reef 17–064); and (vi) then generally easterly, south-easterly, southerly and south-westerly along that 500 m line to its southernmost point; and (vii) then south-westerly along the geodesic to the southernmost point of the 500 m line around Beaver Reef (reef 17–051); and (viii)then generally westerly and north-westerly along that 500 m line to its westernmost point; and (ix) then north-westerly along the geodesic to the southernmost point of the 500 m line around Eddy Reef (reef 17–047); and
84 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 3 (continued) (x) then generally north-westerly, northerly, north-easterly and easterly along that 500 m line to its northernmost point; and (xi) then easterly along the geodesic to the westernmost point of the 500 m line around the unnamed reef (reef 17–060); and (xii) then generally northerly and north-easterly along that 500 m line to its northernmost point; and (xiii)then north-easterly along the geodesic to the westernmost point of the 500 m line around Potter Reef (reef 17–059a); and (xiv)then generally north-easterly and easterly along that 500 m line to the point of commencement; and (b) the area the boundary of which— (i) commences at the westernmost point of the 500 m line around the unnamed reef ‘Chinamans Reef’ (reef 16–024); and (ii) runs north along the meridian of longitude that passes through that point to its southernmost intersection by the 500 m line around the St Crispin Reef (reef 16–019) and Undine Reef (reef 16–020) complex; and (iii) then generally westerly, north-westerly and northerly along that 500 m line to its westernmost point; and (iv) then northerly along the geodesic to the westernmost point of the 500 m line around Mackay Reef (reef 16–015); and (v) then generally north-easterly, easterly and south-easterly along that 500 m line to its easternmost point; and (vi) then south along the meridian of longitude that passes through that point to its northernmost intersection by the 500 m line around the St Crispin and Undine Reefs complex; and (vii) then generally easterly along that 500 m line to its northernmost intersection by the meridian of longitude 145°48' east; and
85 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 3 (continued) (viii)then north-easterly along the geodesic to the westernmost intersection of the parallel of latitude 16°00.6' south by the 500 m line around Agincourt Reef No. 3 (reef 15–099a); and (ix) then generally northerly along that 500 m line to its westernmost intersection by the 500 m line around Agincourt Reef No. 4 (reef 15–096); and (x) then generally north-easterly along the median line between Agincourt Reef No. 4 and Agincourt Reef No. 3 to its easternmost intersection by the 500 m line around Agincourt Reef No. 3; and (xi) then generally southerly along that 500 m line to its easternmost intersection by the parallel of latitude 16°00' south; and (xii) then south-westerly along the geodesic to the westernmost point of the 500 m line around Agincourt Reef No. 2 (reef 15–099d); and (xiii) then generally southerly and south-easterly along that 500 m line to its southernmost point; and (xiv) then south-easterly along the geodesic to the southernmost point of the 500 m line around Agincourt Reef No. 1 (reef 15–099c); and (xv) then south-easterly along the geodesic to the easternmost point of the 500 m line around St Crispin Reef (reef 16–019); and (xvi) then generally southerly and south-easterly along that 500 m line to its southernmost point; and (xvii) then southerly along the geodesic to the easternmost point of the 500 m line around the unnamed reef ‘Chinamans Reef’ (reef 16–024); and (xviii) then generally south-westerly, westerly and north-westerly along that 500 m line to the point of commencement.
86 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 3 (continued) Seasonal Closure Areas 2. The Seasonal Closure Areas consist of those parts of the Marine Park that are within— (a) the area enclosed within the line every point of which is 100 m seaward from the nearest point of the coastline, at low water, of Woody Island on Low Islets reef (reef 16–028); and (b) the areas enclosed within the 500 m line of each of the following reefs— (i) Eyrie Reef (reef 14–118); (ii) Mackay Reef (reef 16–015); and (c) the area the boundary of which— (i) commences at the westernmost point of the 500 m line around Undine Reef (reef 16–020a); and (ii) runs northerly and easterly along that 500 m line to its intersection by the meridian of longitude 145°40.3' east; and (iii) then south along that meridian to its intersection by the 500 m line around Undine Reef; and (iv) then generally north-westerly and northerly along that 500 m line to the point of commencement; and (d) the area the boundary of which— (i) commences at the northernmost point of the 500 m line around Sudbury Reef (reef 17–001a); and (ii) runs generally easterly and south-easterly along that 500 m line to its intersection by the parallel of latitude 16°58.5' south; and (iii) then west along that parallel to its westernmost intersection by the 500 m line around Sudbury Reef; and (iv) then generally northerly and north-easterly along that 500 m line to the point of commencement; and (e) the area the boundary of which—
87 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 3 (continued) (i) commences at the northernmost point of intersection of the 500 m line around King Reef (reef 17–048) by the 500 m line around South Barnard Islands reef (reef 17–046); and (ii) runs generally south-easterly along the median line between King and South Barnard Islands reefs to its southernmost intersection by the 500 m line around South Barnard Islands reef; and (iii) then generally easterly, north-easterly and northerly, along that 500 m line to its easternmost intersection by the parallel of latitude 17°44.6' south; and (iv) then west along that parallel to its westernmost intersection by the 500 m line around South Barnard Islands reef; and (v) then generally south-westerly and southerly along that 500 m line to the point of commencement; and (f) the area the boundary of which— (i) commences at the westernmost point of the 500 m line around Beaver Reef (reef 17–051); and (ii) runs generally north-easterly along that 500 m line to its northernmost intersection by the 500 m line around Taylor Reef (reef 17–064); and (iii) then generally north-easterly, easterly, southerly, south-westerly, westerly and northerly along that 500 m line to its southernmost intersection by the 500 m line around Beaver Reef; and (iv) then generally south-westerly, westerly and northerly along that 500 m line to the point of commencement. Defence Areas 3. The Defence Areas consist of those parts of the Marine Park that are within— (a) the area the boundary of which—
88 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 3 (continued) (i) commences at the point of latitude 17°08' south, longitude 146°07' east; and (ii) runs easterly along the geodesic to the point of latitude 17°07' south, longitude 146°23' east; and (iii) then southerly along the geodesic to the point of latitude 17°22' south, longitude 146°25' east; and (iv) then westerly along the geodesic to the point of latitude 17°24' south, longitude 146°09' east; and (v) then northerly along the geodesic to the point of commencement; and (b) the area the boundary of which— (i) commences at the point of latitude 14°28' south, longitude 145°22' east; and (ii) runs south-easterly along the geodesic to the point of latitude 14°34' south, longitude 145°26' east; and (iii) then south-westerly along the geodesic to the point of latitude 14°40' south, longitude 145°18' east; and (iv) then north-westerly along the geodesic to the point of latitude 14°33' south, longitude 145°14' east; and (v) then north-easterly along the geodesic to the point of commencement; and (c) the area the boundary of which— (i) commences at the point of latitude 17°40' south, longitude 146°03'30'' east; and (ii) runs north-easterly along the geodesic to the point of latitude 17°25'59.65" south, longitude 146°18'30" east; and (iii) then generally south-easterly, southerly and south-westerly along the arc of a circle having a radius of 20 nautical miles and its centre at the point of latitude 17°40' south, longitude 146°03'30" east to its intersection by the meridian of longitude 146°8'30" east; and
89 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 3 (continued) (iv) then north-westerly along the geodesic to the point of commencement. Works Management Areas 4. The Works Management Areas consist of— (a) the Endeavour River area the boundary of which— (i) commences at the point of intersection of the imaginary line that is the continuation of the southern boundary of Furneaux Street, Cooktown, by the riverwards boundary of the old railway route along the south bank of the Endeavour River; and (ii) runs north-westerly along the geodesic to the westernmost point of the vegetation line on the eastern bank of the middle mouth of Chinaman Creek; and (iii) then north-westerly along the geodesic to the Navigation Aid located at, or about, the point of latitude 15°27.81' south, longitude 145°14.418' east; and (iv) then southerly along the geodesic to the westernmost point of the vegetation line on the eastern bank of the westernmost mouth of Chinaman Creek; and (v) then south-easterly along the geodesic to the point of intersection of the imaginary line that is the continuation of the southern boundary of Walker Street, Cooktown, by the riverwards boundary of the old railway route along the south bank of the Endeavour River; and (vi) then generally southerly along that boundary of that old railway route to the point of commencement; and (b) the Port Douglas area, being that part of Reserve for Local Government (Refuse Disposal) Purposes R.1245, Parish of Victory, County of Solander that is below highest astronomical tide.
90 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 3 (continued) Aboriginal Management Area 5. The Aboriginal Management Area consists of the Mission Bay area the boundary of which— (i) commences at the northernmost point of the coastline of the mainland at False Cape at highest astronomical tide; and (ii) runs generally south-easterly, easterly and north-easterly along that coastline at highest astronomical tide (including tidal waters and tidal land of all rivers, creeks and streams at highest astronomical tide) to the northernmost point of Cape Grafton at highest astronomical tide; and (iii) then northerly along the geodesic to the northernmost point of the coastline of the mainland at Cape Grafton at low water; and (iv) then easterly along the geodesic to the northernmost point of the mainland at False Cape at low water; and (v) then southerly along the geodesic to the point of commencement; but excludes— (vi) tidal waters and tidal land that are part of the area held under Deed of Grant in Trust to the Yarrabah Aboriginal Community. Restricted access area for Michaelmas Cay 6. The restricted access area for Michaelmas Cay consists of the part of the cay between the high and low water marks.
91 Marine Parks (Cairns) Zoning Plan 1992 ¡ SCHEDULE 3A ENTRY AND USE OF RESTRICTED ACCESS AREAS section 30B Michaelmas Cay 1.(1) Subject to subsection (4), a person may enter or use only the part of the restricted access area for Michaelmas Cay bounded by a rope and extending from either end of the rope down to the low water mark (the “accessible area” ). (2) The person may enter or use the accessible area— (a) for a purpose for which the person may enter or use the National Park Zone; 5 and (b) only between 9.30 a.m. and 3.00 p.m. (3) The person must not, in the accessible area, carry out an activity, or use the area in a way, that may disturb a bird on Michaelmas Cay. Examples of ‘activity’ for subsection (3)— 1. Flying a kite. 2. Using a beach umbrella. 3. Using a horn or klaxon. (4) A person may, with the chief executive’s written permission, enter or use the restricted access area to carry out scientific research relating to the conservation of Michaelmas Cay. 5 For the purposes for which a person may enter or use the National Park Zone, see section 16 (Entry and use) of this zoning plan.
92 Marine Parks (Cairns) Zoning Plan 1992 ¡ SCHEDULE 4 PERMITTED NON–CONFORMING USES Column 1 Permitted Use 1. Commercial netting Column 2 Where Permitted Tidal waters of the Conservation Park Zone in the Daintree River estuary Column 3 Special Conditions Permission— (a) may be granted only to fishermen who are the holders of licences Nos. M01073A, M01528H and M03586F at the coming into effect of the Zoning Plan; and (b) is to be subject to the provisions of part F of Closed Waters in Relation to Nets declared under the Fisheries Act 1976. 6 2. Farming of Marine Resources Endeavour River estuary Permission— (a) may be granted only to the aquaculture project located on Lot 2A, Portion 120, Parish of Hann; and (b) is to be subject to the terms of licences issued by relevant Government agencies. Fitzroy Island Permission— (a) may be granted only to the aquaculture project located as described in the Queensland Department of Primary Industries Plan 001–1604; and 6 Now see Fisheries Act 1995 .
93 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 4 (continued) (b) is to be subject to the terms of licences issued by relevant Government agencies.
94 Marine Parks (Cairns) Zoning Plan 1992 ¡ SCHEDULE 5 MAPS sections 3(3) and 4(3) Map Page 1. Key map. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 The key map shows— the areas of tidal waters and tidal land set apart and declared as the Cairns Marine Park; the management area boundaries (other than the Outer Islands Management Area); the locations of the areas shown in detail on the inset maps. 2. Outer Islands Management Area map . . . . . . . . . . . . . . . . . . . . . . . . 98 3. Zoning maps The maps show the zones within the Management Areas— Starcke Management Area—Nymph Island to Cape Flattery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Starcke Management Area—Cape Flattery to Cape Bedford . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Endeavour and Daintree Management Areas—Cape Bedford to Cedar Bay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Daintree Management Area—Cedar Bay to Low Islets . . . . . . . 102 Port Douglas Management Area . . . . . . . . . . . . . . . . . . . . . . . . 103 Mulgrave–Johnstone Management Area—Green Island to Russell River . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Mulgrave–Johnstone Management Area—Russell River to Mission Beach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 4. Inset maps The inset maps A–Q show in detail the areas shown on the key map— A—McIvor River . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 B—Cooktown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 C—Annan River . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 D—Bloomfield River . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 E—Daintree River . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
95 Marine Parks (Cairns) Zoning Plan 1992 SCHEDULE 5 (continued) F—Port Douglas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 G—Russell River . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 H—Innisfail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 I—Mourilyan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 J—Maria Creek . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 K—Lizard Island . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 L—Three Islands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 M—Green Island . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 N—Fitzroy Island . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 O—Frankland Islands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 P—North Barnard Islands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 Q—South Barnard Islands . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
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122 Marine Parks (Cairns) Zoning Plan 1992 ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 ´ 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 3 February 2000. Future amendments of the Marine Parks (Cairns) Zoning Plan 1992 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 ´ AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om p para prec pres = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended amendment chapter definition division expires/expired gazette heading inserted lapsed notified order in council omitted page paragraph preceding present prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = = previous previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered
123 Marine Parks (Cairns) Zoning Plan 1992 ´ 4 List of legislation Marine Parks (Cairns) Zoning Plan 1992 (prev Zoning Plan for Cairns Marine Park) notfd gaz 3 July 1992 pp 2245–7 commenced on date of notification exp 1 September 2002 (see SIA s 54) Note— This was the zoning plan approved by the Governor in Council by the Marine Parks (Cairns Zoning Plan) Order, section 2. The plan is subordinate legislation under the Marine Parks Act 1982 (see s 17(4)). as amended by— Marine Parks (Cairns) Amendment Zoning Plan (No. 1) 1999 SL No. 295 notfd gaz 26 November 1999 pp 1268–70 commenced on date on notification ´ 5 List of annotations Short title s 1 sub 1999 SL No. 295 s 3 Application of zoning plan s 1A ins 1999 SL No. 295 s 3 Interpretation s 2 amd 1999 SL No. 295 s 4 Designated Areas s 21 amd 1999 SL No. 295 s 5 PART 4—DESIGNATED AREA PROVISIONS Division 6A—Restricted access areas div 6A (ss 30A–C) ins 1999 SL No. 295 s 6 SCHEDULE 3—DESIGNATED AREA BOUNDARIES Restricted access area for Michaelmas Cay s 6 ins 1999 SL No. 295 s 7 SCHEDULE 3A—ENTRY AND USE OF RESTRICTED ACCESS AREAS ins 1999 SL No. 295 s 8 © State of Queensland 2004