Outlook Online 2009

Great Barrier Reef Marine Park Authority :: Permits

Permits

The use of permits helps the Great Barrier Reef Marine Park Authority (GBRMPA) and the Queensland Parks and Wildlife Service (QPWS) ensure the conservation of the Great Barrier Reef’s state and commonwealth Marine Parks. Permits allow these organisations to:

  • Reduce impacts on high-use and sensitive areas
  • Separate potentially conflicting activities
  • Encourage responsible behaviour in all Marine Parks users
  • Collect data for planning of Marine Parks
  • Monitor activities which may become damaging to the Marine Parks.

When do you need a Marine Parks Permit?

Relocating an operation as a result of a severe environmental incident

Steps in the permitting process

Structure of a permit

Deeds of agreement

Changes/Variations to permits

Transfers of permits

Vessel Identification Numbers

Suspension and revocation

Review rights

Privacy Notice for Permit Applications

When do you need a Marine Parks Permit?

Before any activity is undertaken in the Marine Park it is essential to check the Great Barrier Reef Marine Park Zoning Plan 2003 to see if the activity is allowed, and whether the activity requires a Marine Parks Permit. If you are unsure or need any clarification, contact our Permits Unit by phoning (07) 4750 0700. The Zoning plan is available from GBRMPA and QPWS regional offices or can be ordered through this site.

As a general guide, the following activities require a Marine Parks Permit:

  • Most commercial activities, including tourist operations
  • Installation and operation of structures, such as jetties, marinas, pontoons and aquaculture facilities
  • Any works, such as repairs to structures, dredging and dumping of spoil, placement and operation of moorings
  • Anchoring or mooring for an extended period
  • Waste discharge from a fixed structure
  • Research except for limited impact research
  • Educational programmes
  • Traditional hunting.

Most visitors to the Marine Park will not require a permit for recreational activities.

Steps in the Permitting Process

In order to be granted a permit to undertake an activity, an application must be submitted to GBRMPA or QPWS. It should provide enough information so permit assessors can clearly understand what the intended activity is and where it is to be carried out. 

Applicants should note that making a statement (whether orally, in a document or in any other way), in connection with an application for a permit, that is false or misleading, or omits any matter or thing without which the statement is misleading, is a criminal offence. The maximum penalty for an offence is imprisonment for up to a year. In addition, a permit granted to a person convicted of such an offence may be revoked. 

An application for a Marine Parks Permit to conduct commercial activities requires the payment of a Permit Application Assessment Fee (PAAF). The fee varies depending on the type of operation and is recalculated yearly using the Consumer Price Index.

GBRMPA is required to assess all valid permit applications. In assessing an application, GBRMPA must consider criteria outlined in the Great Barrier Reef Marine Park Regulations 1983 including:

  • The objective of the zone
  • The need to protect the cultural and heritage values held in relation to the Marine Park by Traditional Owners and other people
  • The likely effect of granting permission on future options for the Marine Park
  • The conservation of the natural resources of the Marine Park
  • The nature and scale of the proposed use in relation to the existing use and amenity, and the future or desirable use and amenity of the relevant area and of nearby areas
  • The likely effects of the proposed use on adjoining and adjacent areas, and any possible effects of the proposed use on the environment and the adequacy of safeguards for the environment
  • The means of transport for entry into, use within or departure from the zone or designated area and the adequacy of provisions for aircraft or vessel mooring, landing, taking off, parking, loading and unloading
  • In relation to any structure, landing area, farming facility, vessel or work to which the proposed use relates:
    1. the health and safety aspects involved, including the adequacy of construction
    2. the arrangements for removal upon the expiration of the permission of the structure, landing area, farming facility or vessel or any other thing that is to be built, assembled, constructed or fixed in position as a result of that use
  • The arrangements for making good any damage caused to the Marine Park by the proposed activity
  • Any other requirements for ensuring the orderly and proper management of the Marine Park
  • Any charge payable by the applicant in relation to a chargeable permission (whether or not in force) that is overdue for payment
  • If the application relates to an undeveloped project—the cost of which will be large—the capacity of the applicant to satisfactorily develop the project.

As the Marine Park is also part of the World Heritage Area, the GBRMPA must consider the effect that a proposal is likely to have on World Heritage Values.

In the event the proposal is considered to have a significant impact on a matter of National Environmental Significance, referral under the Environment Protection and Biodiversity Conservation Act 1999 may be required.

If it is considered the proposal may restrict reasonable use by the public of a part of the Marine Park, the GBRMPA can require a public notification of the proposal and invite public comments. These comments will then be considered in assessing the application.

With all applications for Marine Parks Permits, the onus is on the applicant to establish that the environmental impacts of the proposed operation are acceptable.

From time to time, the GBRMPA may develop guidelines to inform people about specific activities.

Structure of a Permit

Marine Parks permits are usually two permits in the one document. They grant permission for activities in both state marine parks (under the Queensland Marine Parks Act 2004) and the Great Barrier Reef Marine Park (under the Commonwealth Great Barrier Reef Marine Park Act 1975) .

New permits if granted are generally for one year. This allows time to establish the operation, and provides the applicant and the Marine Park managers an opportunity to review the operation.

Existing permit holders who apply to continue the same operation and satisfy the assessment requirements are  generally granted a permit for six to 15 years, depending on the activities to be conducted and the level of certification.

Deeds of agreement

Most permits for commercial operations include a requirement to enter into a Deed of Agreement. This deed binds the permit holder to certain obligations, such as:

  • Indemnifying the GBRMPA
  • Maintaining adequate insurance
  • Ensuring removal of structures and clean-up of the site of operations if directed
  • The payment of a bond for structures other than vessel moorings.

Changes/Variations to permits

If an operation changes in any way, an application must be submitted to vary the conditions of the existing permit or seek a new permit. Changes may include adding or changing a vessel, undertaking different activities, operating in different locations or changing a name on the permit.  Please contact the Permits Unit by phoning (07) 4750 0700.

Transfer of Permits

Permits which attract the Environmental Management Charge (EMC) may be transferred. These include permits for tourist operations, tourist facilities (for example, marinas, pontoon), aquaculture and sewage discharge into the Marine Park. Applications to transfer Marine Parks Permits are subject to the approval of the GBRMPA and cannot take place if the permit is suspended, has been revoked, or has expired (including where the permit has been extended while assessment of an application for a further permit is underway). A Transfer Application Form must be completed and should be submitted to the GBRMPA at least 28 days prior to the proposed transfer date.

Suspension and revocation

A Marine Parks Permit can be suspended or revoked. This may happen, for example, when the permitted activity causes damage to the Marine Park, the permit holder fails to comply with a permit condition, or any Environmental Management Charge is overdue for payment.

The maximum penalties that apply for failing to comply with a Marine Parks Permit are $22 000 for an individual and $110 000 for a body corporate. Vessels and other equipment (including catch) may also be seized and forfeited with a court order.

Review rights

As a permit holder you have the right to request the GBRMPA to reconsider (a reconsideration) any decision made concerning a permit application. Such a request must be made within 21 days of gazettal of the decision. If dissatisfied with the outcome of the subsequent reconsideration, you (the permit holder) have a further right to apply to the Administrative Appeals Tribunal for a review of the reconsidered decision. 

Relocating an operation as a result of a severe environmental incident

The GBRMPA recognises that environmental incidents, such as cyclones and oil spills, may severely degrade the quality of a tourism site and that presentation of that site may damage the reputation of the Great Barrier Reef and the marine tourism industry.

The GBRMPA understands the economic hardship that may result from such an incident and has adopted the Marine Tourism Contingency Plan to facilitate temporary relocations for affected tourism operations as rapidly as possible. This plan is particularly important for the Cairns, Whitsundays and Hinchinbrook areas where the number and locations of tourism operations and structures are closely managed through Plans of Management.

The approach facilitates temporary relocations which allow operations to continue in the short term while longer term solutions are established. Relocations under this plan are intended to be granted for a maximum period of up to 12 months.

If you need to apply for relocation there are a number of steps that you can take that will help the process run smoothly. Download the temporary relocation application form below and contact us now.

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