Regulatory Plan
Commonwealth agencies that have responsibility for business regulation are required to publish a Regulatory Plan. The Regulatory Plan contains information about:
- Changes to business regulation which occurred in the previous financial year
- Activities planned for the current financial year which could lead to changes in business regulation.
What a Regulatory Plan covers
The 2009/10 Regulatory Plan
Description of regulatory changes during the 2008/09 financial year
Description of regulatory activities planned for the 2009/10 financial year (updated 24 July 2009)
What regulation does a Regulatory Plan cover?
A Regulatory Plan covers business regulation. This includes primary legislation, subordinate legislation, quasi-regulation or treaties which directly affect business, have a significant indirect affect on business, or restrict competition.
Quasi-regulation refers to rules or arrangements where governments influence businesses to comply, but which do not form part of explicit government regulation.
A Regulatory Plan does not include information about the following:
- Regulations of a minor or machinery nature that do not substantially alter existing arrangements
- Regulations that involve consideration of specific government purchases
- Regulations of a state or self-governing territory that apply in a non-self governing territory
- Anticipated activity about which it would be inappropriate to publish information.
In addition, there may be regulatory activities undertaken during the next financial year which have not been included in the attached Regulatory Plan because these were not foreseen when the Plan was prepared at the start of the financial year. Users should therefore not take the Great Barrier Reef Marine Park Authoritys Regulatory Plan as necessarily being a comprehensive source of information on all past or potential changes to business regulation.
Regulatory Plan 2009/10
Description of regulatory changes during the 2008/09 financial year
- Amendments to the Great Barrier Reef Marine Park Regulations 1983 consequent upon amendments to the Cairns Area Plan of Management 1998 and the Whitsundays Plan of Management 1998
- Amendments to the Cairns Area Plan of Management 1998
- Amendments to the Whitsundays Plan of Management 1998
Description of regulatory activities planned for the 2009/10 financial year (updated 24 July 2009)
- Amendments to the Great Barrier Reef Marine Park Regulations 1983 (the Regulations) to implement the 2006 Review of the Great Barrier Reef Marine Park Act 1975
- Regulation amendments to adopt amendments to the Fisheries Regulation 2008 of Queensland
- Regulation amendments to insert Special Management Area provision - 500m rule for offshore set nets in Dugong Protection Area Bs
- Regulation amendments to update definitions of 'limited impact research (extractive and non-extractive)' and references to Australian Standard Fish Names
- Regulation amendments to insert new fishing infringement notice offences
- Revocation of the Shoalwater Bay (Dugong) Plan of Management 1997 and consequent amendments to the Great Barrier Reef Marine Park Regulations 1983
- Regulation amendments to support the revised sewage policy
- Regulation amendments to implement 'no anchoring areas' offences
- Regulation amendments to clarify 'misuse' of public moorings
Description of regulatory changes during the 2008/09 financial year
Amendments to the Great Barrier Reef Marine Park Regulations 1983 consequent upon amendments to the Cairns Area Plan of Management 1998 (CAPOM) and the Whitsundays Plan of Management 1998 (WPOM)
Description of issue
The purpose of the amendments was to:
- give effect to changes to enforcement provisions of the amended CAPOM and WPOM (including migrating prohibitions on fishing or collecting activities in a location in the Cairns Planning Area and offence provisions regarding conduct in the whale protection area, and specifying commencement dates for amendments to the enforcement provisions of the amended CAPOM and WPOM);
- insert a list of all designated anchorages available for use by cruise ships and some other vessels throughout the Marine Park;
- provide a process for allocating permissions, where the numbers of permissions have been limited under a plan of management;
- insert provisions further regulating conduct involving whales in the Marine Park, consequent upon the repeal of analogous provisions in the CAPOM and WPOM;
- insert definitions for terms used in the CAPOM and WPOM, where such terms are defined in accordance with the Regulations; and
- repeal provisions that are outdated.
The amending instrument is available on the ComLaw website.
Date of Effect
The amendments to the Regulations came into effect on 18 December 2008.
Contact details
Michael O'Keeffe
Director Legal Services
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093
Email: michael.okeeffe@gbrmpa.gov.au
Amendments to the Cairns Area Plan of Management 1998
Description of issue
The purpose of the amendments was to:
- allow Regional Tour Operators with permitted 365-day access to the Planning Area, and who conduct single-day fishing charters, to apply to the Authority for daily access to the General Use Zone, Habitat Protection Zone, and Conservation Park Zone (other than that part of the Conservation Park Zone that is included in a Public Appreciation Special Management Area);
- provide for the potential allocation of 20 new permissions for the installation of moorings in the Planning Area, subject to the preparation of site plans and the conduct of a special permission allocation process under the Regulations;
- give existing mooring operators the option of applying for permission to install a mooring for use in northerly weather conditions, following appropriate impact assessment;
- provide for the potential allocation of a permission for the installation of a heli-pontoon in the Ribbon Reefs Sector, subject to an allocation process under the Regulations; and
- increase tourism group size limits for vessels at Flynn and Pellowe Reefs to 100 people (instead of the standard maximum group size of 60 people), if operating to a permitted mooring.
The amending instrument is available on the ComLaw website.
Date of Effect
The amendments to the CAPOM came into effect on 18 December 2008.
Contact details
Fiona Macdonald
Director Regional Engagement and Planning
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093
Email: fiona.macdonald@gbrmpa.gov.au
Amendments to the Whitsundays Plan of Management 1998
Description of issue
The purpose of the amendments was to:
- increase the maximum size of vessels that may access Hardy Reef (providing the vessels are operating to a mooring or pontoon), from vessels that have an overall length of not more than 35 metres to those that have an overall length of not more than 70 metres;
- implement a Designated Water Sports Area on the western side of North Molle Island to expand the area available for various activities in the Planning Area, including parasailing and waterskiing;
- impose new limits on vessels in Setting 5 areas - vessels now must be a maximum length of 20 metres and have a maximum group size of 15 people. This applies to both recreational and tourism activities, and implements the recommendations of the site plans for Setting 5 areas; and
- extend the 'No Anchoring Area' at Manta Ray Bay, to improve ease of compliance and extend the protection of coral which was previously outside the No Anchoring Area.
The amending instrument is available on the ComLaw website.
Date of effect
The amendments to the WPOM came into effect on 18 December 2008.
Contact details
Fiona Macdonald
Director - Regional Engagement and Planning
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093
Email: fiona.macdonald@gbrmpa.gov.au
Description of regulatory activities planned for the 2009/10 financial year (updated 24 July 2009)
Amendments to the Great Barrier Reef Marine Park Regulations 1983 (the Regulations) to implement the 2006 Review of the Great Barrier Reef Marine Park Act 1975
Description of issue
Regulation amendments are required to implement recommendations of the 2006 Review of the Great Barrier Reef Marine Park Act 1975.
The amendments will overhaul existing permitting provisions to establish a modern and better streamlined permitting and TUMRA accreditation system under the Great Barrier Reef Marine Park Regulations 1983 (the Regulations).
The amendments will also make changes to the Regulations that are consequential to the Great Barrier Reef Marine Park Amendment Act 2007 and the Great Barrier Reef Marine Park and Other Legislation Amendment Act 2008.
Consultation opportunities
Key stakeholders will be consulted on the proposed amendments, notably the changed permitting system and TUMRA accreditation arrangements.
Expected timetable
Consultation is expected to occur in the latter part of 2009, with the amendments to be finalised in October 2009.
The amendments will take effect at the same time as Schedules 4-6 of the Great Barrier Reef Marine Park and Other Legislation Amendment Act 2008, likely to be in November 2009.
Contact details
Michael O'Keeffe
Director - Legal Services
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093
Email: michael.okeeffe@gbrmpa.gov.au
Date last modified
This entry was made on 24 July 2009.
Regulation amendments to adopt amendments to the Fisheries Regulation 2008 of Queensland
Description of issue
Regulation amendments are required to update existing provisions which either refer to, or adopt, various aspects of Queensland's fisheries legislation.
Presently, the GBRMP Regulations adopt certain aspects of Queensland's Fisheries Regulation 1995, as in force on 1 July 2004. However, significant amendments were made to Queensland's Fisheries Regulation in 2008 and 2009, and it is therefore necessary to amend the GBRMP Regulations accordingly.
Consultation opportunities
It is not proposed to consult stakeholders in relation to the proposed amendments, as they are minor technical amendments.
Expected timetable
The amendments will likely be finalised by October 2009, to take effect in November 2009.
Contact details
Jon Day
Director Ecosystem, Conservation and Sustainable Use
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093
Email: jon.day@gbrmpa.gov.au
Date last modified
This entry was made on 24 July 2009.
Regulation amendments to insert Special Management Area provision - 500m rule for offshore set nets in Dugong Protection Area Bs
Description of issue
Regulation amendments are required to implement a 500 metre exclusion zone regarding the use of large set mesh nets in certain Species Conservation (Dugong Protection) Special Management Areas (as defined by the Regulations).
The amendments would address an outstanding Ministerial Council agreement regarding the use of large set mesh nets around headlands, to protect dugongs which are classed as a high conservation risk in particular areas. The amendments would minimise interaction between commercial nets and dugong in those areas.
Consultation opportunities
The Queensland government conducted a thorough consultation process in relation to the proposed regulatory measure as part of the Queensland East Coast Inshore Finfish Fishery Review. Input for that review was obtained in three stages during late 2006 to early 2008.
Further, in December 2007, Queensland published a Regulatory Impact Statement including the proposal to introduce a 500 metre exclusion zone from high water (and in waters greater than 2 metres at all stages of the tide) in Dugong Protection Area B Zones to prevent the use of offshore nets around headlands. Public consultation generally supported the proposed regulation for set mesh nets only.
Subsequently, the Authority proposes to implement the regulation via amendments.
Expected timetable
The amendments will likely be finalised by October 2009, to take effect in November 2009.
Contact details
Jon Day
Director Ecosystem, Conservation and Sustainable Use
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093
Email: jon.day@gbrmpa.gov.au
Date last modified
This entry was made on 24 July 2009.
Regulation amendments to update definitions of 'limited impact research (extractive and non-extractive)' and references to Australian Standard Fish Names
Description of issue
Regulation amendments are required to clarify and expand the definitions of 'limited impact research (extractive)' and 'limited impact research (non-extractive)' for the purposes of the Great Barrier Reef Marine Park Zoning Plan 2003.
The amendments would clarify that some types of low impact research, which may otherwise be conducted as 'as-of-right' recreational activities, would not require the written permission of the Authority. The proposed changes would also include 'manipulation in situ' of an animal, plant or other marine product and the use of certain minor research aids as part of 'limited impact research (extractive)'; while certain kinds of visual surveys would be added to the definition of 'limited impact research (non-extractive)'.
Further, the amendments would update the names of species referred to for the purposes of limited impact research and the activity of fishing or collecting in accordance with the current Australian Fish Names Standard.
Consultation opportunities
Consultation with key stakeholders is expected to occur in the latter part of 2009.
Expected timetable
The amendments will likely be finalised by October 2009, to take effect in November 2009.
Contact details
Adam Smith
Director Environmental Assessment and Management
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093
Email: adam.smith@gbrmpa.gov.au
Jon Day
Director - Ecosystem, Conservation and Sustainable Use
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093
Email: jon.day@gbrmpa.gov.au
Date last modified
This entry was made on 24 July 2009.
Regulation amendments to insert new fishing infringement notice offences
Description of issue
Regulation amendments are required to implement new strict liability offence provisions, and complementary infringement notice penalties, for certain fishing conduct which is presently prohibited under the Great Barrier Reef Marine Park Zoning Plan 2003.
The proposed regulatory offences would provide an alternative to prosecuting such offences under the Great Barrier Reef Marine Park Act 1975, especially for more minor breaches.
Consultation opportunities
Key stakeholders are proposed to be consulted in due course.
Expected timetable
It is anticipated that the amendments to the Regulations will come into effect in the latter half of 2010.
Contact details
Mick Bishop
Director Field Management
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093
Email: mick.bishop@gbrmpa.gov.au
Date last modified
This entry was made on 24 July 2009.
Revocation of the Shoalwater Bay (Dugong) Plan of Management 1997 and consequent amendment to the Great Barrier Reef Marine Park Regulations 1983
Description of Issue
It is proposed to revoke the Shoalwater Bay (Dugong) Plan of Management 1997 (SB POM), as most of the management provisions contained in that plan have been superseded by the Great Barrier Reef Marine Park Zoning Plan 2003 (the Zoning Plan).
Concurrently, the Authority proposes to implement provisions in the Regulations which would prohibit the possession of fishing nets onboard vessels in the Shoalwater Bay area, thereby complementing similar provisions under Queensland's Fisheries Regulation 2008 and giving effect to the only provision of the SB POM which has not been duplicated by the Zoning Plan.
Consultation opportunities
It is not proposed to consult stakeholders in relation to the proposed amendments, as they are considered to be merely machinery in nature and are not intended to alter current management arrangements.
Expected timetable
It is anticipated that the amendments will come into effect in the latter part of 2010.
Contact details
Fiona Macdonald
Director Regional Engagement and Planning
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093
Email: fiona.macdonald@gbrmpa.gov.au
Jon Day
Director - Ecosystem, Conservation and Sustainable Use
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093
Email: jon.day@gbrmpa.gov.au
Date last modified
This entry was made on 24 July 2009.
Regulation amendments to support the revised sewage policy
Description of issue
Amendments to the Regulations are proposed for the current sewage standard provisions, to support the revised Sewage Policy. The amendments would reflect the changes in sewage policy from a concentration-based to a load-based approach. The amendments entail removing redundant provisions regarding sewage treatment and revising provisions concerning calculation of EMC to give effect to the load-based assessment approach.
Consultation opportunities
Since early 2005, extensive consultation has been undertaken by the Authority with the Queensland government and with permit holders in relation to the development of the policy underpinning the proposed amendments. The Authority has held a stakeholder workshop to discuss the proposal and consider comments from interested parties. Consultation has also been undertaken with experts in the field of sewage engineering and environmental standards regarding certain aspects of the proposed amendments. Further, the proposed amendments to parts of the provisions dealing with the EMC have been discussed with operators with marine outfalls, and the Authority anticipates that further consultation will be undertaken in the future.
Expected timetable
It is anticipated that the amendments will come into effect in the latter half of 2010.
Contact details
Hugh Yorkston
Director Coastal Ecosystems and Water Quality
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093
Email: hugh.yorkston@gbrmpa.gov.au
Date last modified
This entry was made on 24 July 2009.
Regulation amendments to implement 'no anchoring areas' offences
Description of issue
Regulation amendments are required to implement strict liability offence provisions prohibiting persons from anchoring vessels in the various 'no anchoring' areas within the Marine Park.
Consultation opportunities
Consultation with key stakeholders is expected to be undertaken in due course.
Expected timetable
It is anticipated that the amendments will come into effect in the latter half of 2010.
Contact details
Fiona Macdonald
Director Regional Engagement and Planning
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093
Email: fiona.macdonald@gbrmpa.gov.au
Lisha Mulqueeny
Director - Tourism and Recreation
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093
Email: lisha.mulqueeny@gbrmpa.gov.au
Date last modified
This entry was made on 24 July 2009.
Regulation amendments to clarify 'misuse' of public moorings
Description of issue
Regulation amendments are required to clarify the kinds of conduct that is considered to constitute 'misuse' of a public mooring, and which is therefore prohibited under the Regulations.
Potential amendments may also expand the existing prohibition on misuse to other kinds of public infrastructure which has been installed in the Marine Park by or on behalf of the Authority or the State of Queensland.
Consultation opportunities
Consultation with key stakeholders is expected to be undertaken in due course.
Expected timetable
It is anticipated that the amendments will come into effect in the latter half of 2010.
Contact details
Lisha Mulqueeny
Director Tourism and Recreation
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093
Email: lisha.mulqueeny@gbrmpa.gov.au
Fiona Macdonald
Director - Regional Engagement and Planning
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093
Email: fiona.macdonald@gbrmpa.gov.au
Date last modified
This entry was made on 24 July 2009.