Download Great Barrier Reef Marine Park Amendment Regulations 2011 (No

Great Barrier Reef Marine Park
Amendment Regulations 2011
(No. 1)1
Select Legislative Instrument 2011 No. 255
I, QUENTIN BRYCE, Governor-General of the Commonwealth
of Australia, acting with the advice of the Federal Executive
Council, make the following Regulations under the Great
Barrier Reef Marine Park Act 1975.
Dated 7 December 2011
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
TONY BURKE
Minister for Sustainability, Environment, Water, Population and
Communities
1121496A-111118Z
Regulation 1
1
Name of Regulations
These Regulations are the Great Barrier Reef Marine Park
Amendment Regulations 2011 (No. 1).
2
Commencement
These Regulations commence on the day after they are
registered.
3
Amendment of Great Barrier Reef Marine Park
Regulations 1983
Schedule 1 amends the Great Barrier Reef Marine Park
Regulations 1983.
Schedule 1
Amendments
(regulation 3)
[1]
Subregulation 3 (1), definition of authority
substitute
authority:
(a) for regulation 47 — has the meaning given by the
Queensland fisheries legislation; and
(b) elsewhere in these regulations — means an authority given
under regulation 88ZF.
[2]
Subregulation 3 (1), after the definition of
Queensland fisheries legislation
insert
SMA is an acronym of Special Management Area.
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Amendments
[3]
Schedule 1
Regulation 26
substitute
26
Netting
(1) For the definition of netting in the Zoning Plan, the following
limitations are prescribed:
(a) set mesh nets used in offshore waters in an area described
in Parts 1 to 5 of Table 47.2 in subregulation 47 (4) must
be used only as permitted by that subregulation;
(b) subject to subregulation (2), the provisions of the Fisheries
Regulation must be complied with if those provisions:
(i) apply in the Marine Park; and
(ii) relate to the use of nets in commercial net fisheries;
(c) subject to subregulation (2), netting must not be carried
out in an area described in Table 47.3 in subregulation 47
(5);
(d) subject to paragraphs (e) and (f) and subregulation (2),
only the following kinds of nets may be used in an area
described in Table 47.4 in subregulation 47 (9):
(i) set mesh nets;
(ii) mesh nets;
(e) set mesh nets used in the area described in Table 47.4 in
subregulation 47 (9) must be used only as permitted by
subregulation 47 (7);
(f) mesh nets used in the area described in Table 47.4 in
subregulation 47 (9) must be used only as permitted by
that subregulation.
(2) Paragraph (1) (b), (c) or (d) does not apply to bait netting, or to
section 475 or Part 5 of Chapter 9 of the Fisheries Regulation
to the extent that those provisions relate to bait netting.
Note See regulation 13 for the nets specified for the definition of bait
netting in the Zoning Plan and the prescribed limitations on the use of those
nets.
(3) In subregulation (1):
mesh net has the meaning given by the Fisheries Regulation.
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Great Barrier Reef Marine Park Amendment Regulations
2011 (No. 1)
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Schedule 1
Amendments
offshore waters has the meaning given by the Fisheries
Regulation.
set mesh net has the meaning given by the Fisheries
Regulation.
[4]
Subregulation 47 (1), before the definition of
commercial fisher
insert
bait netting has the meaning given by the Zoning Plan.
[5]
Subregulation 47 (1), after the definition of
commercial fisher
insert
fix, a net, has the meaning given by the Fisheries Regulation.
haul, for a net, has the meaning given by the Fisheries
Regulation.
lead core rope means rope which, during manufacture,
incorporates lead along the full length of the rope.
mesh net has the meaning given by the Fisheries Regulation.
mesh size, of a net, has the meaning given by the Fisheries
Regulation.
netting has the meaning given by the Zoning Plan.
[6]
Subregulation 47 (2)
substitute
Special Management Provision — Species Conservation
(Dugong Protection) SMA
(2A) For subsection 4.2.3 (2) of the Zoning Plan and subject to
subregulations (4), (5), (7) and (9), subregulation (2) specifies
the special management provisions that apply to a Species
Conservation (Dugong Protection) SMA.
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Amendments
Schedule 1
(2) Netting or bait netting in an SMA mentioned in column 2 of an
item in Table 47.1 in subregulation (3) must be carried out by
commercial fishers in accordance with the provisions of
Chapter 2 of the Fisheries Regulation specified, for the item, in
column 3 of that table.
[7]
Subregulation 47 (4), except Table 47.2
substitute
Conditions of set mesh net use in offshore waters —
Table 47.2 area
(4) A set mesh net must not be used in offshore waters in an area
described in Parts 1 to 5 of Table 47.2 unless the net:
(a) is not longer than 50 m; and
(b) is used in accordance with section 121 of the Fisheries
Regulation.
Note See sections 38BA and 38BB of the Act for, respectively, an offence
and a civil penalty provision that apply to a person who engages in conduct
that contravenes subregulation (4).
[8]
Subregulation 47 (4), after Table 47.2
insert
No netting (other than bait netting) — Table 47.3 area
(5) No netting other than bait netting may be carried out in the area
described in Table 47.3.
Note 1 For an additional requirement related to stowing and securing any
equipment that is normally used for fishing or collecting, see
paragraph 2.3.3 (g) of the Zoning Plan.
Note 2 See regulation 13 for the nets specified for the definition of bait
netting in the Zoning Plan and the prescribed limitations on the use of those
nets.
Note 3 See sections 38BA and 38BB of the Act for, respectively, an
offence and a civil penalty provision that apply to a person who engages in
conduct that contravenes subregulation (5).
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Schedule 1
Amendments
Table 47.3
No netting (other than bait netting) area within
Bowling Green Bay Species Conservation
(Dugong Protection) SMA
The area bounded by a notional line commencing at the intersection of
19° 23.282 S and 147° 15.684  then running progressively:
1 east along the parallel to its intersection with longitude 147° 23.581 E;
2 south along the meridian to its intersection with latitude 19° 23.985 S;
3 west along the parallel to its intersection with longitude 147° 15.684 E;
4 north along the meridian to the point of commencement
Conditions of set mesh net use — Table 47.4 area
(6) Subregulation (7) applies to a mesh net that is being used as a
set mesh net.
Note The definition of mesh net in the Fisheries Regulation includes
several examples of ways a mesh net can be used, including using a mesh
net as a set mesh net.
(7) A set mesh net must not be used in an area described in
Table 47.4 in subregulation (9) unless:
(a) the set mesh net is:
(i) weighed down along the full length of the bottom of
the net with only continuous lead core rope that has
a diameter that is not less than 6 mm but not more
than 8 mm; and
(ii) used in accordance with paragraphs 120A (c), (d),
(e) and (f) of the Fisheries Regulation; and
(b) under each authority that allows netting in the area— the
number of set mesh nets being used in the area is not more
than 3; and
(c) each set mesh net is not longer than 120 m; and
(d) the mesh size of each set mesh net is not less than 100 mm
but not more than 215 mm; and
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Schedule 1
(e) if a set mesh net has a mesh size that is not less than
150 mm but not greater than 215 mm — the number of
rows of mesh between the top and bottom of the net is not
more than 16.
Note For the definition of authority that applies to regulation 47, see
paragraph (a) of the definition of that term in subregulation 3 (1).
Note See sections 38BA and 38BB of the Act for, respectively, an offence
and a civil penalty provision that apply to a person who engages in conduct
that contravenes subregulation (7).
Conditions of mesh net use — Table 47.4 area
(8) Paragraphs (9) (a), (b), (c), (d) and (e) do not apply to a set
mesh net used in accordance with subregulation (7).
Note The definition of mesh net in the Fisheries Regulation includes
several examples of ways a mesh net can be used, including using a mesh
net as a set mesh net.
(9) A mesh net must not be used in an area described in Table 47.4
unless the mesh net:
(a) is fixed or hauled; and
(b) is not longer than 120 m; and
(c) has a mesh size that is not less than 50 mm but not more
than 115 mm; and
(d) is weighed down along the full length of the bottom of the
net with only continuous lead core rope that has a diameter
that is not less than 6 mm but not more than 8 mm; and
(e) is used in accordance with subregulation 472 (7) of the
Fisheries Regulation.
Note See sections 38BA and 38BB of the Act for, respectively, an offence
and a civil penalty provision that apply to a person who engages in conduct
that contravenes subregulation (9).
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Great Barrier Reef Marine Park Amendment Regulations
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Schedule 1
Table 47.4
Amendments
Restricted netting area within Bowling Green Bay
Species Conservation (Dugong Protection) SMA
The area bounded by a notional line commencing at the intersection of
19° 23.985 S and 147° 15.684  then running progressively:
1 east along the parallel to its intersection with longitude 147° 23.581 E;
2 south along the meridian to its intersection with the mainland coastline at
mean low water (at or about 19° 25.119 S, 147° 23.581 
3 along the mainland coastline at mean low water to its intersection with the
meridian 147° 15.684 E (at or about 19° 25.673 S, 147° 15.684 
4 north along the meridian to the point of commencement
Note
1.
8
All legislative instruments and compilations are registered on the Federal
Register of Legislative Instruments kept under the Legislative
Instruments Act 2003. See http://www.frli.gov.au.
Great Barrier Reef Marine Park Amendment Regulations
2011 (No. 1)
2011, 255