Download Great Barrier Reef Marine Park Amendment Regulations 2004 (No

Great Barrier Reef Marine Park
Amendment Regulations 2004
(No. 6)1
Statutory Rules 2004 No. 3792
I, PHILIP MICHAEL JEFFERY, 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 16 December 2004
P. M. JEFFERY
Governor-General
By His Excellency’s Command
IAN CAMPBELL
Minister for the Environment and Heritage
81934987, 2/08/2017, 1:02 PM
Regulation 1
1
Name of Regulations
These Regulations are the Great Barrier Reef Marine Park
Amendment Regulations 2004 (No. 6).
2
Commencement
These Regulations commence on 1 January 2005.
3
Amendment of Great Barrier Reef Marine Park
Regulations 1983
Schedule 1 amends the Great Barrier Reef Marine Park
Regulations 1983, as amended by the Great Barrier Reef
Marine Park Amendment Regulations 2001 (No. 4).
Schedule 1
Amendments
(regulation 3)
[1]
After Part 3
insert
Part 3A
93A
Discharge of sewage
Application of this Part
This Part does not apply to a discharge of sewage to which
Division 2 of Part IIIB of the Protection of the Sea (Prevention
of Pollution from Ships) Act 1983 applies.
Note The object of Division 2 of Part IIIB of the Protection of the Sea
(Prevention of Pollution from Ships) Act 1983 is to give effect to Australia’s
obligations regarding the discharge of sewage into the sea under Annex IV
of the International Convention for the Prevention of Pollution from Ships
(MARPOL 73/78).
2
Great Barrier Reef Marine Park Amendment Regulations
2004 (No. 6)
2004, 379
Amendments
93B
Schedule 1
Interpretation of this Part
In this Part:
damage to a vessel or its equipment does not include:
(a) deterioration resulting from failure to maintain the vessel
or equipment; or
(b) defects that develop during the normal operation of the
vessel or equipment.
discharge has the meaning given by subsection 38J (7) of the
Act.
Grade A treated sewage means sewage that has been treated
and complies with the standard set out in Part 1 of Schedule 7
of the Transport Operations (Marine Pollution) Regulation
1995 of Queensland.
Note The standards for Grade A treated sewage are the implementation of
Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of
Annex IV of MARPOL 73/78.
Grade B treated sewage means sewage that has been treated
and complies with the standard set out in Part 2 of Schedule 7
of the Transport Operations (Marine Pollution) Regulation
1995 of Queensland.
Grade C treated sewage means sewage that has been treated
and complies with the standard set out in Part 3 of Schedule 7
of the Transport Operations (Marine Pollution) Regulation
1995 of Queensland.
Note The standards are:
For Grade A treated sewage:
Faecal coliforms — the geometric mean of the faecal coliform count of the
samples of treated sewage taken during the test period must not be more
than 250 faecal coliforms/100 mL, most probable number, as determined by
a multiple tube fermentation analysis or an equivalent analytical procedure.
Suspended solids — if testing is carried out:
(a) on shore, the geometric mean of the total suspended solids content of
the samples of treated sewage taken during the test period must not be
more than 50 mg/L; or
(b) onboard a ship, the geometric mean of the total suspended content of
the samples of treated sewage taken during the test period must not be
more than 100 mg/L above the suspended solids content of ambient
water used for flushing purposes.
2004, 379
Great Barrier Reef Marine Park Amendment Regulations
2004 (No. 6)
3
Schedule 1
Amendments
Biochemical oxygen demand — the geometric mean of the 5 day
biochemical oxygen demand of the samples of treated sewage taken during
the test period must not be more than 50 mg/L.
For Grade B treated sewage:
Faecal coliforms — the geometric mean of the faecal coliform count of the
samples of treated sewage taken during the test period must not be more
than 150 faecal coliforms/100 mL, most probable number, as determined by
a multiple tube fermentation analysis or an equivalent analytical procedure.
Suspended solids — the geometric mean of the total suspended solids
content of the samples of treated sewage taken during the test period must
not be more than 50 mg/L above the suspended solids content of ambient
water used for flushing purposes.
For Grade C treated sewage:
Faecal coliforms — the geometric mean of the faecal coliform count of the
samples of treated sewage taken during the test period must not be more
than 150 faecal coliforms/100 mL, most probable number, as determined by
a multiple tube fermentation analysis or an equivalent analytical procedure.
reef includes bommie fields, reef slopes, moats and ramparts.
sewage has the meaning given by Part IIIB of the Protection of
the Sea (Prevention of Pollution from Ships) Act 1983.
93C
Discharge of sewage generally
(1) A person is guilty of an offence if:
(a) the person engages in conduct; and
(b) the conduct causes the discharge of sewage in, or into, the
Marine Park; and
(c) the person:
(i) is reckless as to whether sewage will be discharged
in, or into, the Marine Park; or
(ii) is negligent as to whether sewage will be discharged
in, or into, the Marine Park
otherwise than as authorised by regulation 93D or 93E.
Penalty: 50 penalty units.
4
Great Barrier Reef Marine Park Amendment Regulations
2004 (No. 6)
2004, 379
Amendments
Schedule 1
(2) For subregulation (1):
engage in conduct has the same meaning as in the Criminal
Code.
(3) Subregulation (1) does not apply if the sewage is discharged in
a zone and the person holds any necessary permission required
under the Zoning Plan to authorise such a discharge of sewage
in the zone.
(4) However, it is a defence to a prosecution under
subregulation (1) if the sewage is discharged from a vessel or
aircraft:
(a) because of accidental damage to the vessel or aircraft and
all reasonable precautions were taken before and after the
occurrence of the damage to prevent or minimise the
escape of sewage; or
(b) for the purpose of saving life at sea or securing the safety
of the vessel or aircraft.
Note A defendant bears an evidential burden in relation to matters in
subregulation (4) — see Criminal Code, subsection 13.3 (3).
93D
Discharge of untreated sewage from vessels
(1) Subject to regulation 93F, the master of a vessel that has 15 or
fewer persons on board may allow untreated sewage to be
discharged from the vessel in the Marine Park if:
(a) the vessel does not have a fixed toilet; or
(b) where the vessel has a fixed toilet, the sewage has been
reduced to a fine slurry.
(2) Subject to regulation 93F, the master of a vessel that has 16 or
more persons on board may allow untreated sewage to be
discharged from the vessel in the Marine Park if:
(a) the vessel has a fixed toilet; and
(b) the sewage has been reduced to a fine slurry; and
(c) the sewage is discharged more than 1 nautical mile
seawards of:
(i) the seaward edge of the nearest reef; and
(ii) the low water mark of the nearest island or the
mainland.
2004, 379
Great Barrier Reef Marine Park Amendment Regulations
2004 (No. 6)
5
Schedule 1
93E
Amendments
Discharge of treated sewage from vessels
The master of a vessel may allow treated sewage to be
discharged from the vessel in the Marine Park if:
(a) the sewage complies with the standard in subregulation
135 (3); or
(b) subject to subregulation 93F (1), the sewage is Grade A
treated sewage; or
(c) subject to subregulation 93F (1), the sewage is Grade B
treated sewage and the vessel is:
(i) more than 700 metres seawards of the seaward edge
of the nearest reef; and
(ii) more than 700 metres from the seaward edge of any
aquaculture operation; and
(iii) more than 700 metres from any person in the water;
or
(d) subject to subregulation 93F (1), the sewage is Grade C
treated sewage and the vessel is:
(i) more than 0.5 of a nautical mile seawards of the
seaward edge of the nearest reef; and
(ii) more than 0.5 of a nautical mile from the seaward
edge of any aquaculture operation; and
(iii) more than 0.5 of a nautical mile from any person in
the water.
93F
Discharge of sewage from vessels generally
(1) Regulation 93D and paragraphs 93E (b), (c) and (d) are not
taken to authorise sewage to be discharged from a vessel in the
Marine Park if the vessel is inside a boat harbour, canal or
marina.
(2) Regulation 93D is not taken to authorise untreated sewage to
be discharged from a vessel in the Marine Park if the vessel is
less than 1 nautical mile from the seaward edge of an
aquaculture operation.
6
Great Barrier Reef Marine Park Amendment Regulations
2004 (No. 6)
2004, 379
Amendments
[2]
Schedule 1
Regulation 100
omit
Notes
1.
These Regulations amend Statutory Rules 1983 No. 262, as amended by
1985 No. 169; 1986 No. 1; 1987 No. 247; 1988 No. 185; 1989 Nos. 269,
367 and 368; 1990 Nos. 9 and 35; 1991 Nos. 63, 257 and 296; 1992 No.
69; 1993 Nos. 188, 206 and 266; 1996 No. 277; 1997 Nos. 96 and 326;
1999 No. 252; 2000 No. 5; Act No. 137, 2000; Statutory Rules 2001 Nos.
12, 178, 197 and 307 (as amended by 2003 No. 293 and 2004 No. 60);
2002 Nos. 8, 72, 73, 112, 177, 209 (disallowed by the Senate on
23 October 2002), 224 and 338; 2003 Nos. 20, 200 and 293; 2004 Nos.
15, 39 (as amended by 2004 No. 143), 60 and 333.
2.
Notified in the Commonwealth of Australia Gazette on 23 December
2004.
2004, 379
Great Barrier Reef Marine Park Amendment Regulations
2004 (No. 6)
7