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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 2007/08 Regulatory Plan

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 Authority’s Regulatory Plan as necessarily being a comprehensive source of information on all past or potential changes to business regulation.

Regulatory Plan 2007/08

Description of regulatory changes during the 2006/07 financial year

Description of regulatory activities planned for the 2007/08 financial year (updated 17 August 2007)

Description of regulatory changes during the 2006/07 financial year

Fishing offences in the Conservation Park (Yellow) Zone and unattached dories in the Marine National Park (Green) Zone, Conservation Park (Yellow) Zone and Buffer (Olive Green) Zone

Description of issue
The Great Barrier Reef Marine Park Zoning Plan 2003 (Zoning Plan) and amendments to the Great Barrier Reef Marine Park Regulations 1983 (Regulations), supporting that Zoning Plan, commenced on 1 July 2004.

On 12 July 2006, a number of minor amendments to the Regulations came into effect to further clarify the intent of the Zoning Plan.

Subsequently, further amendments to the Regulations were identified to enhance the effective enforcement of fishing restrictions under the Zoning Plan. These further amendments:

  • Make it an offence under the Regulations for a person to fish with more than one line and one hook in the Conservation Park (Yellow) Zone, and allows the issue of an infringement notice for this offence of four (4) penalty units
  • Reintroduce provisions that place liability on masters and permission holders of commercial fishing vessels in relation to dories found unattached from those vessels in non-fishing areas of the Marine Park. This rectifies the situation where previously only the dory men found in the dories could be prosecuted for this offence
  • Insert provisions placing liability on masters and permission holders of commercial fishing vessels, and dory men, for dories found unattached in the Marine Park zones where no more than one dory can be detached from its primary fishing vessel. Those zones are the Conservation Park (Yellow) Zone and the Buffer (Olive Green) Zone
  • Introduce minor amendments to the definition of ‘fishing and collecting’.

The amending instrument is available on the ComLaw website.

Date of Effect
The amendments to the Regulations came into effect on 24 October 2006.

Contact details
Director – Fisheries Issues Group
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093

Fishing offences in the Marine National Park (Green) Zone

Description of issue
Pursuant to the Great Barrier Reef Marine Park Zoning Plan 2003 (Zoning Plan) it is an offence under the Great Barrier Reef Marine Park Act 1975 (Act) to fish in the Marine National Park (Green) Zone without the written permission of the Authority. It was identified that in addition to taking prosecution action for fishing without permission under the Act, less serious offences should be able to be dealt by prosecution under the Great Barrier Reef Marine Park Regulations 1983 (Regulations) or the issue of an infringement notice. The amendments to the Regulations introduce a strict liability offence of fishing in the Marine National Park (Green) Zone. The offence does not apply where the Authority has given written permission for the fishing or the fishing is conducted in accordance with an accredited traditional use of marine resources agreement.  The maximum penalty for the offence is 50 penalty units, with an infringement notice of ten (10) penalty units being able to be issued for the offence.

The amending instrument is available on the ComLaw website.

Date of Effect
The amendments to the Regulations came into effect on 15 December 2006.

Contact details
Director – Fisheries Issues Group
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093

Interacting with cetaceans in the Great Barrier Reef Marine Park and reinsertion of Table 15

Description of issue
Amendments were required to existing provisions of the Great Barrier Reef Marine Park Regulations 1983 (Regulations) relating to interactions with cetaceans to satisfy an undertaking to the Senate Standing Committee on Regulations and Ordinances. The amendments clarify the speed at which a vessel must operate when within certain distances of cetaceans.

The Regulations also reinsert into Regulation 15 a table listing restricted species for the purposes of the definition of ‘fishing or collecting’, which had been inadvertently removed.

The amending instrument is available on the ComLaw website.

Date of effect
The amendments to the Regulations came into effect on 6 March 2007

Contact details
Director - Conservation, Heritage and Indigenous Partnerships
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093

Amendments to the Great Barrier Reef Marine Park (Aquaculture) Regulations 2000

Description of issue
Amendments were required to the Great Barrier Reef Marine Park (Aquaculture) Regulations 2000 (Aquaculture Regulations) to satisfy an undertaking to the Senate Standing Committee on Regulations and Ordinances. The amendments:

  • Clarify the trigger for the requirement for existing aquaculture facilities to be assessed for the purposes of accreditation by defining terms relating to ‘significant increase’
  • Introduce a requirement that assessments be undertaken within a reasonable timeframe.

The amending instrument is available on the ComLaw website.

Date of effect
The amendments to the Aquaculture Regulations came into effect on 6 March 2007.

Contact details
Director - Water Quality and Coastal Development
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093

Description of regulatory activities planned for the 2007/08 financial year (updated 17 August 2007)

Amendments to the Cairns Area Plan of Management 1998, the Whitsundays Plan of Management 1998 and consequential amendments to the Great Barrier Reef Marine Park Regulations 1983

Description of issue
The Cairns Area Plan of Management 1998 (CAPOM) and the Whitsundays Plan of Management 1998 (WPOM) were last amended in November 2005. Following the introduction of the 2005 Australian National Guidelines for Whale and Dolphin Watching and after receiving information about a range of issues from tourism operators, the Authority has decided to amend these Plans. A number of editorial and technical corrections will be included in these amendments.

Minor consequential amendments are proposed for the Great Barrier Reef Marine Park Regulations 1983 (Regulations) to support the above amendments to the CAPOM and the WPOM.  These amendments relate to cruise ship anchorages, whales, Special Management Areas and bareboats. The amendments will also bring into effect the enforcement provisions for the CAPOM and WPOM.

Broadly, the amendments to the Regulations will:

  • Insert a comprehensive list of all designated cruise ship anchorages which are located in the Great Barrier Reef Marine Park (presently, these anchorages are listed in a variety of places, including the CAPOM)
  • Insert definitions for ‘cruise ship’ and ‘cruise ship anchorage’
  • Require both operators of tourist programs involving a cruise ship and permission holders whose operations involve a vessel greater than 35 metres in length to make a booking before using a cruise ship anchorage
  • Create Special Management Areas for two areas previously governed under the CAPOM (that is, creation of the Mermaid Cove Special Management Area to assist in managing fishing or collecting in a small area of Lizard Island Locality 1) and the WPOM (that is, creation of a Whale Protection Special Management Area)
  • Amend present definitions for ‘bareboat’ and ‘bareboat operation’
  • Include restrictions on interacting with whales (for example, approach distances) which were previously controlled under the CAPOM and the WPOM
  • Create a restriction of one cruise ship per anchorage, except in relation to Turtle Bay (WPOM)
  • Remove any redundant provisions from the Regulations.

Consultation opportunities
Consultation on the proposed amendments will be mixed.  For the amendments that are merely machinery in nature, public consultation will not be undertaken. In relation to amendments to the CAPOM and the WPOM, consultation is statutorily inbuilt into this process, and involves publishing notices in the Commonwealth Gazette and newspapers and inviting comment on the proposed amendments.  Liaison with industry associations, Reef Advisory Committees, Local Marine Advisory Committees and other stakeholders was undertaken during February and March 2007.

Expected timetable
It is anticipated that the proposed amendments to the Plans and the consequential amendments to the Regulations will come into effect in early 2008.

Contact details
Director  - Program Delivery Group
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093

Date last modified
This entry was made on 17 August 2007.

Fishing and related offences

Description of issue
The Authority is intending to develop further infringement notice offences relating to non-compliance with the provisions of the Great Barrier Reef Marine Park Zoning Plan 2003. Currently, the relevant breaches are dealt with either by the issue of an advisory letter or by prosecution action under the Great Barrier Reef Marine Park Act 1975 (the Act). It is considered appropriate in relation to less serious offences that compliance officers have the capacity to deal with the non-compliances by the issue of infringement notices. To effect this change, amendments will be required to the Great Barrier Reef Marine Park Regulations 1983 to introduce regulatory offences similar to the Act offences, and to allow those offences to be dealt with by the issuing of an infringement notice.

Consultation opportunities
The Authority does not intend to undertake consultation on the proposed Regulations, as the amendments are of a minor or machinery nature and do not substantially alter existing arrangements.  As such, the Office of Best Practice Regulation has advised that no Regulatory Impact Statement is required.

Expected timetable
It is anticipated that the amendments to the Regulations will come into effect in early 2008.

Contact details
Director – Fisheries Issues Group
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093

Date last modified
This entry was made on 17 August 2007.

Allocation of moorings

Description of issue
Amendments to the mooring provisions of the Great Barrier Reef Marine Park Regulations 1983 (Regulations) are proposed to provide for the allocation of limited (that is, private) mooring opportunities in the Marine Park through an expression of interest process, and by ballot where applicants are ranked equal following the expression of interest process. This will replace the existing process whereby moorings are allocated on a ‘first-come, first-served’ basis, and will provide a consistent and equitable approach with the system currently used to allocate special tourism permissions.

Consultation opportunities
The Authority does not intend to undertake consultation on the proposed Regulations, as the amendments are of a minor or machinery nature and will not substantially alter the existing arrangements. As such, the Office of Best Practice Regulation has advised that no Regulatory Impact Statement is required.

Expected timetable
It is anticipated that the amendments to the Regulations will come into effect in early 2008.

Contact details
Director – Tourism and Recreation
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093

Date last modified
This entry was made on 17 August 2007.

Proposed further amendments relating to moorings and reef protection areas

Description of issue
Amendments to the Great Barrier Reef Marine Park Regulations 1983 (Regulations) are proposed to better regulate the use of moorings in the Marine Park. The policy supporting these amendments is currently being developed, however it is anticipated that amendments may be required in relation to the following:

  • Clarification of what constitutes ‘misuse’ of a public mooring is considered appropriate
  • Provisions regulating persons who overstay the time limits for use of public moorings or who use public moorings during those periods set aside for dedicated use.

In addition, the Authority is developing policy to better protect reef protection areas. In particular, it is anticipated that amendments to the Regulations may be required to create offence provisions for the anchorage of vessels inside these areas.

Consultation opportunities
Initial consultation regarding the reef protection programme, including public moorings, commenced through mooring workshops conducted for tourism industry stakeholders in 2005. Further consultation with industry stakeholders and the community is anticipated in 2007/08.

Expected timetable
It is anticipated that the amendments to the Regulations will come into effect in 2008.

Contact details
Director – Tourism and Recreation
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093

Date last modified
This entry was made on 17 August 2007.

Publication of certain decisions

Description of issue
Amendments to the Great Barrier Reef Marine Park Regulations 1983 (Regulations) are proposed to replace the requirement to publish a notice in the Commonwealth Gazette regarding certain decisions (for example, decisions relating to permits) with a requirement to instead publish those decisions on the Internet. It is proposed that the notices will be published on an electronic register on the Authority’s website.

This amendment is intended to improve accessibility of decisions, increase efficiency, and reduce costs. It will also be consistent with other legislative schemes employed around Australia for publishing notices about certain decisions (for example, see section 170A of the Environment Protection and Biodiversity Conservation Act 1999).

Consultation opportunities
The Authority does not intend to undertake consultation on the proposed Regulations, as the amendments are of a minor or machinery nature and will not substantially alter the existing arrangements. As such, the Office of Best Practice Regulation has advised that no Regulatory Impact Statement is required.

Expected timetable
It is anticipated that the amendments to the Regulations will come into effect in 2008.

Contact details
Director – Program Delivery Group
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093

Date last modified
This entry was made on 17 August 2007.

Regulatory amendments to support the revised Sewage Policy

Description of Issue
Amendments to the Great Barrier Reef Marine Park Regulations 1983 (Regulations) are proposed for the current sewage standard provisions, to support the revised Sewage Policy. The amendments will reflect the changes in sewage policy from a concentration-based approach (where currently, a flat-rate Environmental Management Charge (EMC) is levied, regardless of the volume of effluent discharged into the Marine Park) to a load-based, ‘polluter-pays’ 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 proposed amendments to the Regulations will be in place by June 2008.

Contact details
Director – Water Quality and Coastal Development
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093

Date last modified
This entry was made on 17 August 2007.

Bareboat provisions

Description of issue
Amendments to the Great Barrier Reef Marine Park Regulations 1983 (Regulations) are proposed to ensure that provisions concerning bareboat operations in the Great Barrier Reef Marine Park are consistent with the Authority’s current bareboat operations policy and are not inconsistent with relevant provisions of the Cairns Area Plan of Management 1998 and the Whitsundays Plan of Management 1998.

For example, the Authority proposes to amend definitions for ‘bareboat’ and ‘bareboat operation’, and insert new provisions which enable a register of appropriately qualified bareboat operations to be published on the internet.

Consultation opportunities
The Authority undertook consultation during the policy development phase in 2005/06 and does not intend to undertake further consultation on the proposed amendments to the Regulations.   Further, the Office of Best Practice Regulation has advised the Authority that, as the proposed amendments are of a minor or machinery nature and will not substantially alter the existing arrangements, no Regulatory Impact Statement is required.

Expected timetable
It is anticipated that the proposed amendments to the Regulations will be in place in 2008.

Contact details
Director – Tourism and Recreation
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093

Date last modified
This entry was made on 17 August 2007.

Review of the Fisheries Regulation 1995 (Qld)

Description of issue
Amendments to the Great Barrier Reef Marine Park Regulations 1983 (Regulations) are proposed to incorporate amendments made under the Queensland Department of Primary Industry and Fisheries’ review of the Fisheries Regulation 1995 (Qld).

Consultation opportunities
The Authority does not intend to undertake consultation on the proposed Regulations, as the amendments are of a minor or machinery nature and do not substantially alter existing arrangements.

Expected timetable
It is anticipated that the proposed amendments to the Regulations will be in place by early 2008.

Contact details
Director – Fisheries Issues Group
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093

Date last modified
This entry was made on 17 August 2007.

Shoalwater Bay (Dugong) Plan of Management 1997 and net restrictions in Shoalwater Bay

Description of issue
The Authority may repeal the Shoalwater Bay (Dugong) Plan of Management 1997 following registration of the legislative instrument backcapture on the Federal Register of Legislative Instruments.  If repealed, the possession of fishing nets onboard vessels in the Shoalwater Bay area will no longer be prohibited.  In order to prevent this occuring, amendments to the Great Barrier Reef Marine Park Regulations 1983 (Regulations) are proposed to prohibit the possession of nets on vessels in the Shoalwater Bay area, regardless of whether the nets are stowed or secured.

Consultation opportunities
The Authority does not intend to undertake consultation on the proposed amendments to the Regulations, as the proposed regulatory amendments do not substantially alter existing arrangements under the Shoalwater Bay (Dugong) Plan of Management 1997.

Expected timetable
It is anticipated that the proposed amendments to the Regulations will be in place by June 2008.

Contact details
Director – Conservation, Heritage and Indigenous Partnerships
Great Barrier Reef Marine Park Authority
Phone: (07) 4750 0700
Fax: (07) 4772 6093

Date last modified
This entry was made on 17 August 2007.

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