Access keys | Skip to primary navigation | Skip to secondary navigation | Skip to content | Skip to footer |
Problems viewing this site
About the EPA > Legislation

Marine Parks

The Marine Parks Act 2004

This Act repealed and modernised the Marine Parks Act 1982 and was fully commenced on 31 August 2006. Parts 12 (validation and declaration provisions relating to reclamation) and 13 commenced on 12 October 2004.

The object of the Act is to provide for the conservation of the marine environment.

This is to be achieved through a strategy involving, amongst other things:

In managing marine parks, the State is to maintain, as far as practicable, legislation in line with the Great Barrier Reef Marine Park Act 1975.

The Act defines core terms including biodiversity, conservation, ecologically sustainable use, environment, highly protected area and use and non-use values, and the Precautionary Principle.

Part 2 outlines the process for declaring and revoking marine parks. A resolution of Parliament may not be required under specified conditions. The process and criteria for revoking reclaimed land in a non-highly protected zone (eg. a general use zone) of a marine park is also clarified.

Part 3 details the development, operation and review of zoning plans (subordinate legislation) and management plans (statutory instruments).

Part 4 establishes offences. The use of, and entry to, a marine park for a purpose involving serious environmental harm or the taking of natural or cultural resources without a permission or where the taking is prohibited are serious offences attracting fines of up to $225,000 for an individual or $1,125,000 for a corporation.

Part 5 details investigation and enforcement.

Part 6 outlines additional measures for protecting the environment and users of marine parks from impacts caused by unlawful activities; by sunk, stranded, abandoned or wrecked property (eg vessels) or during emergencies.

Part 7 covers proceedings for enforcement orders. The Chief Executive, an inspector or a member of the public may apply for orders to enforce or rectify serious offences.

Part 8 outlines appeal processes and 9 covers legal proceedings.

Part 9 details matters for which regulations may be made, the relationship between regulations and zoning plans and allows the Chief Executive to make codes of practice.

Parts 11 to 14 covers repeals, savings, validations and transitional matters.

Marine Parks Regulation 2006

Part 1 states the short title and the commencement of the regulation.

Part 2 prescribes provisions about areas within marine parks. This Part describes the names of zones that may comprise a zoned marine park and the objectives for each zone.

Part 3 deals with permissions to enter and use a zone. The Part sets out the procedure for obtaining, reviewing, and approval of permissions. It also sets out grounds for amendment, suspension, cancellation or transfer of permissions. Division 5 under this Part also contains provisions that authorises a person who is the holder of a permission to give authorisation to another person to conduct the permission.

Part 4 introduces provisions regarding the Tourism in Protected Areas (TIPA) commercial activities management framework. The Part sets out the ways the chief executive may enter into a commercial activities agreement, including through an expression of interest process, an application process, or by agreement with a holder of an existing commercial activity permit. Other provisions in this Part include the amendment, suspension, cancellation and transfer of commercial activity agreements.

Part 5 empowers the chief executive to accredit another document, which includes a corresponding authority or a departmental instrument, an educational or research institution or a harvest fishery by publishing a notice of the accreditation in the gazette. The Part also states the restrictions on each type of accreditation.

Part 6 describes the circumstances and procedures in which the chief executive may erect regulatory notices and declare a marine park, or part of a marine park, to be a restricted access area. Division 3 under this part gives effect to the TIPA initiative and Division 4 defines a special activity.

Part 7 defines the prohibited purposes and identifies purposes which need a permission to enter or use a zoned marine park.

Part 8 provides for internal review of decisions and appeal to a Magistrate Court against particular decisions made by the chief executive. The part provides that a review of any decision must first be by way of internal review and the procedures applying to internal review. The Regulation allows the chief executive to extend the timeframe for deciding an application for internal review if there is a review occurring under the Administrative Appeals Tribunal under the Great Barrier Reef Marine Park Act 1975.

Part 9 sets the fees payable for particular permissions issued under the Marine Parks Act 2004, and describes the method by which the fees payable for a permission are decided.

Part 10 declares some transitional provisions to ensure proper implementation of the Regulation.

Part 11 amends the State Penalties Enforcement Regulation 2000 to provide for infringement notice penalties for particular offences in the Regulation, and to delete outdated references in that regulation to the Marine Parks Regulation 1990.

Part 12 amends cross-references in relevant regulations that reference the old Marine Parks Act and Regulation.

Marine Parks (Declaration) Regulation 2006

Part 1 provides the short title and commencement provision of the regulation.

Part 2 defines the definitions used in the regulation including latitudes and longitudes, H.A.T, high water, relevant mangrove line and bracketed reef numbers.

Part 3 declares the Moreton Bay Marine Park, Great Barrier Reef Coast Marine Park and Great Sandy Marine Parks.

Part 4 revokes the declaration of the Hervey Bay Marine Park and the Woongarra Marine Park that were consolidated into the Great Sandy Marine Park.

Part 5 details transitional provisions to facilitate the transition between the pre existing Hervey Bay Marine Park and Woongarra Marine Park and the new Great Sandy Marine Park.

Part 6 contains a minor amendment to the Transport Operations (Marine Pollution) Regulation 1995 to update a reference to the Marine Parks (Great Sandy) Zoning Plan 2006.

Marine Parks (Great Sandy) Zoning Plan 2006

Part 1 provides the short title, commencement and interpretation of the zoning plan.

Part 2 provides a list of the provisions with respect to zones, including the use and entry for general use zones, habitat protection zones, conservation park zones, buffer zones, and marine national park zones.

Part 3 details provisions for areas of the Great Sandy Marine Park set aside for special management and restrictions that apply at all times. Designated areas for special management include: fish trap areas, go slow areas, Great Sandy Strait area, grey nurse shark area, Mon Repos area, shorebird roosting and feeding areas, turtle monitoring area, turtle protection area and whale management area.

Part 4 contains provisions that outline the purposes for which a person may use or enter an area within a zone without a permission with or without notification including emergencies, undertaking functions under the Act, maintaining navigational aids and navigation channels, defense activities. This Part also provides for existing non-conforming uses to be continued in specific locations subject to conditions and provides for the taking of protected species under certain circumstances.

Part 5 provides for the accreditation of a traditional use of marine resources agreement.

Part 6 details the matters to which the chief executive must have regard in considering an application for any permission as well as the traditional use of marine resources.

Part 7 outlines restrictions applying to certain activities in the Marine Park e.g. bait netting, fishing or collecting and crabbing.

This zoning plan replaces the Marine Parks (Woongarra) Zoning Plan 1991 and the Marine Parks (Hervey Bay) Zoning Plan 1989.


Marine Parks (Moreton Bay) Zoning Plan 1997

This zoning plan provides for five zones and six designated areas to provide a balance between human needs and the need to conserve Moreton Bay's special values.

Part 2 defines the purpose and application of the zoning plan allowing for control of activities in the zones.

Part 3 details the zones giving their purpose, entry and use and other restrictions such as use for a non-conforming purpose and no waste discharge.

Part 4 details the designated areas and their purpose, entry or use.

Part 5 provides for the removal of unauthorised or abandoned structures and vehicles and details of notices, actions and appeals.

Part 6 has miscellaneous provisions including restoration of habitat, prohibition of domestic animals, disturbing shorebirds, and limits on anchoring or mooring.
Schedules define boundaries of zones and designated areas, and list declared animals and definitions.

Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004

This establishes a zoning plan for the marine park which in effect extends the Commonwealth zoning of the Great Barrier reef Marine Park (GBRMP) from the low water mark to either the high water mark or the seaward edge of significant mangrove forests.

The zoning plan provides for eight zones (part 2), designated and special management areas (part 3) and outlines the location of each type of zone (schedule 1).

More information

Most Queensland legislation is available online. Electronic versions are not official versions. Authorised printed versions can be obtained from the Queensland Government Printer GOPRINT.

Last updated: 28 September 2006