Legislation and Regulations

Commonwealth legislation specific to the Great Barrier Reef Marine Park

Other Commonwealth legislation relevant to the Great Barrier Reef Marine Park

Queensland legislation

International conventions

Commonwealth legislation specific to the Great Barrier Reef Marine Park

Great Barrier Reef Marine Park Act 1975

The Great Barrier Reef Marine Park Act 1975 is the primary Act in respect of the Great Barrier Reef Marine Park. It includes provisions which:

Establish the Great Barrier Reef Marine Park (the Marine Park)
Establish the Great Barrier Reef Marine Park Authority (GBRMPA), a Commonwealth authority responsible for the management of the Marine Park
Provide a framework for planning and management of the Marine Park, including through zoning plans, plans of management and a system of permissions
Prohibit mining operations (which includes prospecting or exploration for, as well as recovery of, minerals) in the Great Barrier Reef Region (unless authorised to carry out the operations by a permission granted under the Regulations, for the purpose of research or investigations relevant to the conservation of the Marine Park)
Require compulsory pilotage for certain ships in prescribed areas of the Great Barrier Reef Region
Provide for regulations, collection of Environmental Management Charge, enforcement etc.

As a consequence of the findings of a review of the Act in 2006, significant amendments to the Act were made by the Australian Government in 2008, which came into force in two stages in November 2008 and 2009. The purpose of the amendments was to update the Act, and better integrate it with other legislation in order to provide an effective framework for the protection and management of the Great Barrier Reef into the future. Further information about the amendments is available from website of the Department of the Environment, Water, Heritage and the Arts.

Great Barrier Reef Marine Park (Environmental Management Charge-Excise) Act 1993

Great Barrier Reef Marine Park (Environmental Management Charge-General) Act 1993

Both these Acts relate to the Environmental Management Charge.

Great Barrier Reef Marine Park Regulations 1983

These are the primary regulations in force under the Great Barrier Reef Marine Park Act 1975. They include a number of offence provisions, in addition to provisions relating to matters such as applications for and the granting of permissions, compulsory pilotage, Environmental Management Charge, plans of management, and review rights.

Amendments to the Regulations came into force on 25 November 2009, as a consequence of the 2008 Act amendments. The amendments primarily deal with changes to environmental impact assessment arrangements, rationalise, modernise and streamline processes regarding permits and Traditional Use of Marine Resource Agreements (TUMRAs), and remove unnecessarily onerous requirements. A full copy of the Great Barrier Reef Marine Park Amendments Regulations 2009 (No. 1) and Explanatory Statement are available from the ComLaw website.

Great Barrier Reef Marine Park (Aquaculture) Regulations 2000

The purpose of these Regulations is to regulate the discharge of waste from aquaculture operations which may affect animals and plants in the Great Barrier Reef Marine Park.

Great Barrier Reef Marine Park Zoning Plan 2003 [ Acrobat Format 2697.48KB ]

This is the primary planning instrument for the conservation and management of the Marine Park.

In having regard to the objects set out in subsection 32(1) of the Great Barrier Reef Marine Park Act 1975, this Zoning Plan takes account of the World Heritage values of the Marine Park and the principles of ecologically sustainable use. This Zoning Plan aims, in conjunction with other management mechanisms, to protect and conserve the biodiversity of the Great Barrier Reef ecosystem within a network of highly protected zones, while providing opportunities for the ecologically sustainable use of and access to the Great Barrier Reef Region by current and future generations.

Other Commonwealth legislation relevant to the Great Barrier Reef Marine Park

Environment Protection and Biodiversity Conservation Act 1999

The Environment Protection and Biodiversity Conservation Act 1999 (�the EPBC Act�) came into force on 16 July 2000. The EPBC Act replaced the following Commonwealth legislation:

Environment Protection (Impact of Proposals) Act 1974
Endangered Species Protection Act 1992
National Parks and Wildlife Conservation Act 1975
Whale Protection Act 1980
Wildlife Protection (Regulation of Exports and Imports) Act 1982
World Heritage Properties Conservation Act 1983.

The EPBC Act regulates actions that have, will have or are likely to have, a significant impact on matters of national environmental significance. Matters of national environmental significance include the Great Barrier Reef Marine Park, the World Heritage values of a declared World Heritage property, listed threatened species and migratory species, and the environment of a Commonwealth marine area.

In November 2009, the Great Barrier Reef Marine Park was inserted into the EPBC Act as a matter of national environmental significance. As a consequence, the environmental impact assessment and approval requirements under the EPBC Act will apply where an action in the Marine Park has, will have or is likely to have, a significant impact on the environment; and where an action outside the Marine Park has, will have or is likely to have, a significant impact on the environment in the Marine Park.

The Great Barrier Reef is a declared World Heritage property having been inscribed on the World Heritage List in 1981. It also provides habitat for many listed threatened species and migratory species. Most of the Great Barrier Reef Marine Park, generally that part seaward of three nautical miles from the Queensland coastline, is also a Commonwealth marine area.

The EPBC Act also provides, among many other matters, for listed marine species. The EPBC Act contains offences for injuring, killing, failing to notify taking, etc of a listed marine species. Such an action can be authorised by a permit which the Minister may issue if satisfied of specified requirements.

The Department of the Environment, Water, Heritage and the Arts website contains further information in relation to the EPBC Act and heritage.

Environment Protection (Sea Dumping) Act 1981

Prohibits dumping of waste or other matter from any vessel, aircraft or platform in Australian waters unless a permit has been issued.

Historic Shipwrecks Act 1976

Prohibits certain activities in relation to historic shipwrecks and relics and requires discoveries to be notified. Further information is available from the Department of the Environment, Water, Heritage and the Arts.

Native Title Act 1993

Provides for a number of important aspects of native title, including the recognition and protection of native title and a mechanism for determining claims to native title. Relevant government information sources include the Attorney-General�s Department, and the National Native Title Tribunal.

Protection of the Sea legislation (Prevention of Pollution from Ships) Act 1983.

The Commonwealth government department responsible for this legislation is the Department of Infrastructure, Transport, Regional Development and Local Government together with the Australian Maritime Safety Authority.

Sea Installations Act 1987

Provides for a number of aspects relating to sea installations including requirements that they be operated in a manner that is consistent with protection of the environment.