Download Marine Parks Act 2004 PDF

TitleMarine Parks Act 2004
LanguageEnglish
File Size1.0 MB
Total Pages132
Table of Contents
                            Contents
	Part 1 Preliminary
		1 Short title
		2 Commencement
		3 Definitions
		5 Purpose of Act
		6 Act binds all persons
		7 Territorial application of Act
	Part 2 Marine parks
		Division 1 Establishment
			8 Declaration
		Division 2 Revocation
			9 Revocation of park
			10 Publication of revocation notice
			11 Revocation of park included in or amalgamated with another park
			12 Revocation of park comprising a protected area under the Nature Conservation Act 1992
		Division 3 Reclamation of tidal land, and revocation
			13 Simplified outline of div 3
			14 Notice of proposed revocation of reclaimed part of park
			15 Permission for carrying out proposed reclamation
			16 EIS required
			17 Public consultation about EIS and other information
			18 Certificate of satisfactory completion
			19 Revocation of reclaimed part of park
		Division 4 Other provisions about marine parks
			20 What park comprises
	Part 3 Zoning and management plans
		Division 1 Zoning plans
			Subdivision 1 Prescription
				21 Zoning plan
				22 Preparation and notice of draft plan
				23 Preparation of final plan
				24 Content of zoning plan
			Subdivision 2 Amendment
				25 Amendment of zoning plan
				26 Preparation and notice of draft amendment
				27 Preparation of final amendment
			Subdivision 3 Other provisions
				28 Tabling of statement with zoning plan or amendment
		Division 2 Management plans
			Subdivision 1 Approval
				29 Approval of management plan
				30 Preparation of draft plan
				31 Notice of draft plan
				32 Preparation of final plan
				32A Plan may be combined with another plan
				33 When management plan has effect
			Subdivision 2 Amendment and review
				34 Approval of amendment of management plan
				35 Preparation and notice of draft amendment
				36 Notice of draft amendment
				37 Preparation of final amendment
				38 When amendment has effect
				39 Review of management plan
			Subdivision 3 Other provisions
				40 Public access to current management plan
				41 Chief executive may enter into cooperative arrangement for management plan
				42 Moratorium on grant of new permissions
	Part 4 Offences
		Division 1 Entry to or use of marine park
			43 Entry or use for a prohibited purpose
			44 Entry or use without an authority
			45 Entry or use requiring notice
		Division 2 Other offence provisions
			46 False or misleading information given by applicant
			47 False or misleading documents given by applicant
			48 Noncompliance with temporary restricted area declaration
			49 Noncompliance with conditions of an authority
			50 Unlawful serious environmental harm
			51 Unlawful use of particular words
	Part 5 Monitoring and enforcement
		Division 1 Inspectors
			52 Appointment and qualifications
			53 Appointment conditions and limit on powers
			54 Issue of identity card
			55 Production or display of identity card
			56 When inspector ceases to hold office
			57 Resignation
			58 Return of identity card
		Division 2 Powers of inspectors
			Subdivision 1 Entry to places
				59 Power to enter places
			Subdivision 2 Procedure for entry
				60 Entry with consent
				61 Application for warrant
				62 Issue of warrant
				63 Application by electronic communication and duplicate warrant
				64 Defect in relation to a warrant
				65 Warrants—procedure before entry
			Subdivision 3 Powers after entry
				66 General powers after entering places
				67 Power to require reasonable help or information
			Subdivision 4 Other powers
				68 Power to require name and address
				69 Power to require information about contravention
				70 Power to stop persons
				71 Power to give direction to leave area
				72 Power to stop and search vessels, vehicles and aircraft
				73 Power to require driver or person in control to give reasonable help etc.
			Subdivision 5 Power to seize evidence
				74 Seizing evidence at place entered under s 59
				75 Seizing evidence on or in vessel, vehicle or aircraft entered or boarded under s 72
				76 Powers in support of seizure
				77 Securing seized things
				78 Tampering with seized things
				79 Receipt for seized things
				80 Inspector may dispose of natural resources taken unlawfully
				81 Forfeiture of seized things
				82 Dealing with forfeited things
				83 Return of seized things
				84 Access to seized things
		Division 3 General enforcement matters
			85 Definition for div 3
			86 Inspector’s obligation not to cause unnecessary damage
			87 Notice of damage
			88 Compensation
			89 False or misleading information given to inspector
			90 False or misleading documents given to inspector
			91 Obstructing an inspector
			92 Impersonating an inspector
		Division 4 Compliance notices
			93 Compliance notice
	Part 6 Other provisions for protecting the environment and users of marine parks
		Division 1 Preliminary
			94 Definitions for pt 6
		Division 2 Temporary restricted area declaration
			95 Temporary restricted area declaration
			96 Expiry of declaration
			97 Declaration is not subordinate legislation
			98 Temporary restricted area declaration prevails over regulation, zoning plan or authority
		Division 3 Directions for protecting environment and users
			99 Inspector’s power to give directions
		Division 4 Removing abandoned, stranded, sunk or wrecked property
			Subdivision 1 Removal of property other than in urgent circumstances
				100 Inspector’s power to remove property
				101 Removal notice
				102 Seizure, removal and disposal without giving removal notice
			Subdivision 2 Removal of property in urgent circumstances
				103 Inspector’s power to remove property
				104 Removal notice
			Subdivision 3 Dealing with property after removal
				105 Action inspector may take if property not claimed
				106 Dealing with proceeds of sale
				107 Release of property
				108 Recovery of costs of removal etc.
		Division 5 Restoration of environment etc.
			109 Restoration of environment etc.
	Part 7 Proceedings for enforcement orders
		Division 1 Preliminary
			110 Definitions for pt 7
		Division 2 Enforcement orders
			111 Proceeding for enforcement orders
			112 Making interim enforcement order
			113 Making enforcement order
			114 Effect of orders
			115 Court’s powers about orders
		Division 3 General procedural provision
			116 Proceeding brought in representative capacity
	Part 8 Review of decisions
		Division 1 Preliminary
			117 Review of particular decisions must be by way of internal review or ADR process
		Division 2 Internal review
			118 Applying for an internal review
			119 Internal review decision
			120 Stay of operation of original decision
		Division 3 External reviews by QCAT
			121 Who may apply for external review
	Part 9 Legal proceedings
		Division 1 Evidence
			125 Application of div 1
			126 Appointments and authority
			127 Signatures
			128 Certificate about evidence of location of aircraft or vessel
			129 Evidentiary matters
		Division 2 Matters about offence proceedings and indictable and summary offences
			130 Types of offences
			131 Proceedings for indictable offence
			132 Limitation on who may summarily hear indictable offence
			133 Limitation on time for starting summary proceeding
			134 Allegations of false or misleading information or documents
			135 Responsibility for acts or omissions of representatives
			136 Executive officers responsible for ensuring corporation complies with Act
			137 Holder of authority responsible for ensuring Act complied with
			138 Responsibility for offences committed with use of vessel, vehicle or aircraft
			139 Court’s powers on conviction for an offence
		Division 3 Judicial review of administrative decisions
			140 Extended standing for judicial review
	Part 10 Miscellaneous
		Division 1 Codes of practice
			141 Approval or making of code
			142 When code has effect
			143 Access to code
		Division 2 Other miscellaneous provisions
			144 Public authority’s obligation about threatening incidents for marine parks
			145 Chief executive’s power to decide fee for producing a copy of a document
			145A Chief executive’s general powers
			145B Entry or use by authorised persons without permission or giving notice
			146 Delegation of Minister’s powers
			147 Protecting prescribed persons from liability
			147A Immunity from prosecution
			148 Annual report
			149 Approved forms
			150 Regulation-making power
			151 Relationship between regulation and zoning plan
			151A Offset conditions
			151B Conditions under s 151A
	Part 11 Transitional provisions
		152 References to Marine Parks Act 1982
		153 Pending legal proceedings
		154 Existing marine parks
		155 Existing zoning plans
		155A Continuation of making and approval of zoning plan or amendment
		156 Existing management plans
		156A Continuation of preparation and approval of management plan
		157 Existing notices about designated areas
		158 Existing limitation on application of regulation and zoning plan made under repealed Act
		159 Existing temporary restricted areas
		160 Existing permissions
		161 Existing applications for permissions
		162 Existing orders etc.
		163 Existing inspectors
	Part 12 Validation and declaration provisions
		164 Validation of existing zoning plans and permissions authorising reclamation of tidal land in a marine park
		165 Declaration about authorised reclamation of tidal land in a marine park
		166 Effect of validation and declaration on proceedings
	Part 13 Transitional provision for Environmental Offsets Act 2014
	Part 14 Repeal
		169 Repeal
	Schedule Dictionary
                        
Document Text Contents
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Queensland

Marine Parks Act 2004

Current as at 25 May 2016

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[s 93]

Marine Parks Act 2004
Part 5 Monitoring and enforcement
(a) apply under part 8 for a review of the decision to give
the notice; and

(b) apply, as provided under the QCAT Act, to QCAT for a
stay of the decision.

(4) Subsection (5) applies if the giving of the compliance notice is
for a matter for which a show cause notice about an authority
has been given to the person under this or another Act or a law
of the Commonwealth or another State.

(5) The compliance notice may only be given if, after considering
any submission made by the person as required by the show
cause notice, the notifier still believes it is appropriate to give
the compliance notice.

(6) The compliance notice must state each of the following—

(a) that it is given under this provision;

(b) that the notifier reasonably believes the person—

(i) is contravening a provision of this Act; or

(ii) has contravened a provision of this Act in
circumstances that make it likely the contravention
will continue or be repeated;

(c) the provision the notifier believes is being, or has been,
contravened (the relevant provision);

(d) briefly, how it is believed the relevant provision is being,
or has been, contravened;

(e) that the person must remedy the contravention within a
stated reasonable time;

(f) that it is an offence to fail to comply with the
compliance notice unless the person has a reasonable
excuse.

(7) The compliance notice may also state the steps the notifier
reasonably believes are necessary to remedy the
contravention, or avoid further contravention, of the relevant
provision.
Page 64 Current as at 25 May 2016

Authorised by the Parliamentary Counsel

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[s 94]

Marine Parks Act 2004
Part 6 Other provisions for protecting the environment and users of marine parks
(8) The person must comply with the compliance notice, unless
the person has a reasonable excuse.

Maximum penalty—

(a) if it is an offence to contravene the relevant
provision—the maximum penalty for contravening that
provision; or

(b) otherwise—5 penalty units.

(9) If it is an offence to contravene the relevant provision, the
person can not be prosecuted for that offence unless the
person fails to comply with the compliance notice and does
not have a reasonable excuse for the noncompliance.

(10) In this section—

show cause notice, about an authority, means a notice given to
the holder of the authority and inviting the holder to make
submissions about why the authority should not be amended,
suspended or cancelled.

Part 6 Other provisions for protecting
the environment and users of
marine parks

Division 1 Preliminary

94 Definitions for pt 6

In this part—

inspector includes the chief executive.

person responsible, for abandoned, stranded, sunk or wrecked
property, includes the person in control of the property when
it was abandoned, stranded, sunk or wrecked.

property does not include land.
Current as at 25 May 2016 Page 65

Authorised by the Parliamentary Counsel

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Endnotes

Marine Parks Act 2004
Stay of operation of original decision
s 120 amd 2009 No. 24 s 885

Division 3—External reviews by QCAT
div hdg sub 2009 No. 24 s 886

Who may apply for external review
s 121 sub 2009 No. 24 s 886

Appellant to give notice of appeal
s 122 om 2009 No. 24 s 886

Stay of operation of decision
s 123 om 2009 No. 24 s 886

Powers of court on appeal
s 124 om 2009 No. 24 s 886

Proceedings for indictable offence
s 131 amd 2005 No. 53 s 121

Executive officers responsible for ensuring corporation complies with Act
s 136 amd 2011 No. 6 s 142 sch

Approval or making of code
s 141 amd 2013 No. 55 s 175 sch 1 pt 1

Access to code
s 143 amd 2013 No. 55 s 175 sch 1 pt 1

Public authority’s obligation about threatening incidents for marine parks
s 144 amd 2009 No. 25 s 83 sch

Chief executive’s general powers
s 145A ins 2011 No. 6 s 99

Entry or use by authorised persons without permission or giving notice
s 145B ins 2011 No. 6 s 99

Protecting prescribed persons from liability
s 147 amd 2013 No. 55 s 22

Immunity from prosecution
s 147A ins 2011 No. 6 s 100

Offset conditions
s 151A ins 2014 No. 33 s 123

Conditions under s 151A
s 151B ins 2014 No. 33 s 123

Existing zoning plans
s 155 amd 2005 No. 53 s 122

Continuation of making and approval of zoning plan or amendment
s 155A ins 2005 No. 53 s 123
Current as at 25 May 2016 Page 129

Page 132

Endnotes

Marine Parks Act 2004
Continuation of preparation and approval of management plan
s 156A ins 2005 No. 53 s 124

PART 13—TRANSITIONAL PROVISION FOR ENVIRONMENTAL OFFSETS
ACT 2014

pt hdg ins 2014 No. 33 s 124

Transitional regulation-making power
s 167 ins 2014 No. 33 s 124
exp 1 July 2015 (see s 167(4))

SCHEDULE—DICTIONARY
def environment conservation legislation amd 2009 No. 36 s 872 sch 2
def external review ins 2009 No. 24 s 887(2)
def internal review decision ins 2009 No. 24 s 887(2)
def management plan sub 2005 No. 53 s 125
def review decision om 2009 No. 24 s 887(1)
def zoning plan sub 2005 No. 53 s 125

© State of Queensland 2016
Page 130 Current as at 25 May 2016

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