Day-to-Day Management

The obligations of the Commonwealth and Queensland Governments in the protection and management of the Great Barrier Reef Marine Park are outlined in the Emerald Agreement of 1979. This agreement states that the day-to-day management of the Marine Park should be undertaken by officers of the Queensland Parks and Wildlife Service, subject to Authority policy.

The Great Barrier Reef Marine Park Authority and the Queensland Parks and Wildlife Service (QPWS) are jointly responsible for the day-to-day management of the Great Barrier Reef Marine Park and World Heritage Area. Protection of such a vast and diverse area is a challenging task.

The Day-to-day Management Program guides the field operations and routine day-to-day activities required for the management of the Great Barrier Reef Marine Park and World Heritage Area. The Day-to-day Management Program is primarily delivered through the QPWS by Marine Parks Officers— professional rangers and conservation staff working with industries and coastal communities.

Protection of the values of the Reef against illegal activities is also achieved through strategic alliances with the Queensland Boating and Fisheries Patrol (QBFP), Queensland Water Police, Coastwatch and the Australian Maritime Safety Authority (AMSA).

There are approximately 100 QPWS Marine Parks Officers employed under the Day-to-day Management Program working out of 14 centres between Cooktown and Gladstone. The QPWS Marine Parks Officers manage the Great Barrier Reef Marine Park and World Heritage Area through:

• Resource protection programs
• Visitor education and services
• Park monitoring
• Surveillance and enforcement.

The Day-to-day Management Program addresses the long-term management of resources to protect sensitive areas. Resource protection activities in the Marine Park include the installation of public moorings and ‘no anchor’ markers to reduce the impact of anchoring on coral reefs.

Weeds, feral animals, fire and erosion can deteriorate the natural resources of the Great Barrier Reef islands.

Activities such as tourist operations, commercial and recreational camping and traditional hunting in reef areas require a permit. GBRMPA and QPWS Marine Parks staff assess and approve such activity permits.

The Day-to-day Management Program plans for the dissemination of information to the varied users of the Marine Park and World Heritage Area, offering both regional and site-specific information. The need for information from the community ranges from people seeking advice on camping and day use of the Marine Park, to promotion of the values and management processes of the World Heritage Area for larger groups such as schools.

Marine Parks officers provide information on both a structured and informal basis to inform visitors, education groups and commercial users on the safe and environmentally sustainable use of the Marine Park.

Facilities are provided to ensure that visitors gain maximum enjoyment from the use of the World Heritage Area, with minimal damage to the delicate environment. In addition to public moorings and ‘no anchor’ markers, infrastructure includes marine parks signage, camping grounds, day-use facilities and walking tracks. The Day-to-day Management Program allocates more than $2.6 million each year toward infrastructure management and maintenance.

Monitoring programs measure the condition of natural values and evaluate the effectiveness of management. Resource assessment and monitoring activities throughout the Marine Park and World Heritage Area are being carried out by Program staff to:

• identify critical sites which will need to be specially managed;
• assess threats to values of the World Heritage Area;
• assess the effectiveness of current and proposed management of sites to provide guidance for future management; and
• monitor experiences and attitudes of visitors to assist future communication strategies.

Policing an area about the same size as Japan requires a systematic and disciplined operation, which costs around $1.7 million a year. Boat and aircraft patrols operate in the Marine Park on a daily basis, checking on activities and monitoring ecological conditions.

The Authority has always, and will continue, to view education as the most effective strategy to encourage compliance with Marine Park management principles. However, enforcement action and prosecution are two of the most important tools that managers have available to them. Yet, because of the dedication to user education, these are not necessarily the tools of first opportunity, nor are they always the tools of last resort. Marine Parks inspectors have the discretionary power to decide a course of action on a case-by-case basis.

The QPWS uses ten primary vessels to patrol the Marine Park, each one spending, on average, 220 days at sea each year. The QPWS also makes about 140 charter surveillance flights each year.

The Queensland Boating and Fisheries Patrol (QBFP) carries out specialist surface surveillance of remote offshore areas where illegal fishing has been identified as a major problem. The QBFP also conducts aerial fisheries patrols, particularly targeting inshore closed-area trawling and netting. By reporting on enforcement matters during normal fisheries patrols, the QBFP greatly boosts the presence of surveillance and enforcement officers in Marine Park waters.

Coastwatch (part of the Australian Customs Service) is used by several Commonwealth Government departments for surveillance and enforcement of Marine Park regulations, with two Coastwatch bases situated adjacent to the Marine Park. Information gathered in the area from another 600 flights for other departments is also made available to the Authority. Coastwatch operates both day and night patrols, and can act as forward air support for surface vessels and can immediately investigate reports of oil spills.

Members of the public who use the Marine Park for both commercial and recreational purposes are also vital to the effective surveillance and enforcement of Authority regulations. The role of education and public participation in much of the decision making related to the Great Barrier Reef Marine Park cannot be underestimated. Reports from members of the public about suspected illegal activities and general usage patterns are an invaluable source of surveillance information for the Authority.

Great Barrier Reef Marine Park inspectors are appointed by the Authority, and are generally appointed in those agencies responsible for day-to-day management tasks. Additionally, all federal police officers are appointed inspectors.

The Authority specifies what powers each individual inspector may exercise; the power of arrest is available under the Act, however, at present only inspectors who are police officers have been appointed the right to exercise that power.

Included in other powers available to Marine Parks inspectors are:

• The power to stop a vessel or aircraft
• The power to search a vessel or aircraft
• The power to order a person from the Marine Park
• The power to seize any vessel, aircraft or article the inspector reasonably believes to have been used or involved in an offence, or order it to be delivered to another place for seizure
• The power to obtain a search warrant, and the power to enter and search a premises outside the Marine Park with such a warrant, or with the owner’s permission
• The power to give general direction to ensure compliance with the Great Barrier Reef Marine Park Act 1975.

Although the duties of enforcement lie squarely with the Authority and its agencies, the final decision whether or not to prosecute is made by the Commonwealth Director of Public Prosecutions (DDP). In this way (as was the stated purpose of the DPP when it was set up in 1983) any prosecution is removed from the political arena.

Following an investigation by a Marine Park inspector of any incident, a brief of evidence is sent to the Commonwealth Director of Public Prosecutions for consideration. The DPP takes into account many factors, including the seriousness of any alleged offence, whether there is sufficient evidence justifying action, and whether a conviction is likely. Another factor considered by the DPP is whether the prosecution is in the public interest.

If the DPP decides not to prosecute, the Authority or its day-to-day management agencies may issue a written warning to an offender. However, if the DPP decides to go to court, that office issues all summonses and conducts the prosecution.

There are three general priority levels for enforcement—high priority, medium priority and low priority—and the Authority has begun a process of legislative changes to give effect to these.

Complaints from the community that are substantiated by evidence, or where there is a commitment from a member of the public to assist investigations, are considered a high priority for day-to-day management staff.

Activities that have resulted in large-scale habitat or environmental damage, or where such damage is likely to occur, or where the natural resources of the Marine Park have been or will be severely depleted. These will be classed as Indictable Offences, which carry high penalties and allow for a trial by a judge and jury.

Offences where significant environmental damage has occurred or may occur, where financial reward or gain from an offence may exist or where significant management principles are disregarded. These will be classed as Summary Offences, which can be heard by a Magistrate without a jury.

Offences of a minor or technical nature or where environmental damage is not likely to occur. These will be classed as either Summary Offences, or be dealt with by Infringement Notices.

The Great Barrier Reef Marine Park Act 1975 provides for penalties of up to $22 000 for an individual who enters or uses a zone for a purpose other than that allowed for in a zoning plan (the entire Marine Park is zoned for various uses and accessibility).

Penalties for pollution are up to $22 000 for an individual. In certain circumstances, the owner of the vessel may also be liable and face penalties of up to $220 000, or where the owner is a company $1.1 million.

Other offences, such as not carrying a pilot in a compulsory pilotage area, can attract a fine of up to $55 000 for the master of the vessel if heard on indictment, and $11 000 if heard summarily.

Offences connected with the Environmental Management Charge (paid by most permit holders) range from $4000 to $8000.

Breaches of regulations carry penalties of up to $1000.

The Authority’s enforcement policies are aimed at providing good quality, uniform and dependable services for the good of the community and the environment. Inspectors are expected to consider the intent of the legislation when conducting investigations and to use their common sense in applying those provisions.

Related Links

• Establishment of Management Arrangements for the Marine Park – The Emerald Agreement and other documents
• Australian Commonwealth and State Departments and Agencies