Queensland: Marine Parks Act 2004 (Qld)

Marine Parks Act 2004 An Act to provide for marine parks and the conservation of the marine environment, and for other purposes Part 1 Preliminary 1 Short title This Act may be cited as the Marine Parks Act 2004. 2 Commencement (1) Parts 12 and 13 commence on assent. (2) The remaining provisions of this Act commence on a day to be fixed by proclamation. 3 Definitions The dictionary in the schedule defines particular words used in this Act. 4 [Repealed] 5 Purpose of Act (1) The main purpose of this Act is to provide for conservation of the marine environment. (2) The purpose is to be achieved by a comprehensive and integrated strategy that involves, among other things, each of the following— (a) the declaration of marine parks; (b) the establishment of— (i) zones, designated areas and highly protected areas within marine parks; and (ii) zoning plans and management plans; (c) the cooperative involvement of public authorities and other interested groups and persons, including members of Aboriginal and Torres Strait Islander communities; (d) the cooperative implementation of Australia's international responsibilities, and intergovernmental agreements and instruments; (e) a coordinated and integrated approach with other environment conservation legislation; (f) recognition of the cultural, economic, environmental and social relationships between marine parks and other areas, whether of water or land; (g) the provision of opportunities for public appreciation, understanding and enjoyment of the marine environment; (h) application of the precautionary principle in decision-making processes; (i) monitoring and enforcing compliance with this Act. (3) Also, the Commonwealth and the State have agreed that, in conserving marine parks, the State is to maintain, as far as practicable, legislation in line with the Commonwealth Act. 6 Act binds all persons (1) This Act binds all persons, including the State, and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Nothing in this Act makes the Commonwealth, the State or another State liable to be prosecuted for an offence. 7 Territorial application of Act (1) This Act applies both within and outside Queensland. (2) This Act applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament. (3) If all or part of a marine park is within a marine park established under the Commonwealth Act, this Act is intended to operate only to the extent that it is consistent with the operation of the Commonwealth Act. Part 2 Marine parks Division 1 Establishment 8 Declaration (1) A regulation may declare— (a) an area, whether or not it includes all or part of an existing marine park, to be a marine park; or (b) 2 or more existing marine parks, whether or not they are contiguous, to be a single marine park. (2) Areas that may be declared under subsection (1)(a) are all or any of the following— (a) an area of Queensland waters; Note— See the Acts Interpretation Act 1954, schedule 1, definition Queensland waters. (b) an area of waters subject to tidal influence; (c) an area of waters or land, whether or not subject to tidal influence, contiguous with and having a cultural, economic, environmental or social relationship with the waters mentioned in paragraph (a) or (b); (d) an area of land within the waters mentioned in paragraph (a) or (b); (e) an area of land from time to time covered by the waters mentioned in paragraph (a) or (b); (f) without limiting paragraph (c), an area of waters beyond the outer limits of Queensland waters connected with Queensland. (3) A regulation under subsection (1) must— (a) define the boundaries of the park's declared area by a map or an appropriate description; and (b) give a name to the park. (4) Without limiting subsection (2)(f), areas of water mentioned in the subsection that are connected with Queensland include— (a) any area regulated under a law of Queensland other than this Act; and (b) any area containing anything owned by the State or constructed or placed in waters by or under an agreement with or the authority of the State. Example— an artificial reef Division 2 Revocation 9 Revocation of park (1) A regulation may revoke the declaration of all or part of a marine park. (2) However, subject to sections 11, 12 and 19, the regulation may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the revocation. 10 Publication of revocation notice (1) Within 10 days after the notice of motion mentioned in section 9(2) is given, the chief executive must publish notice of the proposed revocation (the revocation notice) in— (a) a newspaper circulating in the locality of the marine park; and (b) a newspaper circulating throughout the State. (2) The revocation notice must state— (a) the marine park's name; and (b) whether all or part of the park is to be revoked; and (c) if only part of the park is proposed to be revoked—a description, by map or otherwise, of the part of the park proposed to be revoked. 11 Revocation of park included in or amalgamated with another park (1) This section applies if a regulation made under section 8 declares— (a) an area that includes all or part of an existing marine park (the existing area) to be a marine park; or (b) 2 or more existing marine parks (each also the existing area) to be a single marine park. (2) A regulation may revoke the declaration of the existing area as all or part of the existing marine park without a resolution of the Legislative Assembly mentioned in section 9(2). Examples— 1 Existing marine park A includes areas 1 and 2. A regulation mentioned in subsection (1)(a) declares an area, including area 2, to be marine park B. The declaration of area 2 as part of marine park A may be revoked under this subsection. 2 A regulation mentioned in subsection (1)(b) amalgamates marine parks A and B to form marine park C. The declaration of marine parks A and B may be revoked under this subsection. 3 A regulation mentioned in subsection (1)(b) amalgamates marine parks A and B to form an increased marine park A. The declaration of existing marine parks A and B may be revoked under this subsection. 12 Revocation of park comprising a protected area under the Nature Conservation Act 1992 (1) This section applies if— (a) a part of a marine park is dedicated as a protected area under the Nature Conservation Act 1992; and (b) the dedication of the protected area provides a higher level of protection of the park's marine environment than is provided for under this Act. (2) A regulation revoking the declaration of the part of the park comprising the protected area may be made without a resolution of the Legislative Assembly mentioned in section 9(2). Division 3 Reclamation of tidal land, and revocation 13 Simplified outline of div 3 Generally, this division provides for the procedure for revoking, in particular circumstances, the declaration of a reclaimed part of a marine park without the need for a resolution of the Legislative Assembly mentioned in section 9(2). 14 Notice of proposed revocation of reclaimed part of park (1) The Governor in Council may, by gazette notice, state an intention to make a regulation revoking the declaration of a reclaimed part of a stated marine park if the chief executive— (a) issues a permission for the reclamation under section 15; and (b) gives the permission holder a certificate of satisfactory completion for the reclamation. (2) The notice must state— (a) the name, or other identification particulars, of the park the subject of the proposed revocation; and (b) a description, by map or otherwise, of the proposed boundaries of the reclaimed part of the park; and (c) the notice's expiry date. (3) The notice remains in force until— (a) the end of its expiry date; or (b) if a regulation revokes the declaration of the reclaimed part of the park before the expiry date—the commencement of the regulation. (4) The notice is not subordinate legislation. (5) However, the Statutory Instruments Act 1992, sections 49 to 51 apply to the notice as if it were subordinate legislation. Note— These provisions deal with the tabling in, and disallowance by, the Legislative Assembly of subordinate legislation. 15 Permission for carrying out proposed reclamation (1) This section applies if— (a) either— (i) a zoning plan allows the chief executive to issue a permission for reclaiming particular tidal land in a marine park; or (ii) tidal land not included in a zone is proposed to be reclaimed; and (b) the land is not in a highly protected area; and (c) the declaration of the reclaimed part of the park is intended to be revoked on completion of the reclamation. (2) The chief executive may issue a permission for the reclamation if— (a) a notice under section 14 for the reclamation is in force; and (b) if section 16 applies to the proposed reclamation—the applicant for the permission has complied with the section and any requirement for additional information made by the chief executive under the section; and (c) the chief executive is satisfied the permission should be issued having considered— (i) each EIS and any additional information given to the chief executive under section 16; and (ii) any written submissions made about the EIS and information; and (iii) other matters the chief executive is required, under a regulation or zoning plan, to consider in issuing the permission; and (iv) any other matter the chief executive considers relevant. (3) To remove any doubt, it is declared that the chief executive may impose conditions on the permission, or amend, suspend or cancel the permission, as allowed under a regulation or zoning plan. (4) Despite subsection (1), this section does not apply if the reclamation is necessary— (a) to deal with an emergency involving a serious threat to a marine park's environment or use and non-use values; or (b) to protect property from erosion; or (c) to restore property after erosion; or (d) to carry out small-scale works by or for a public authority, for a public purpose, and the works— (i) are not prohibited under a regulation or zoning plan; and (ii) involve only minimal disturbance to the park's natural resources, or minor alienation of parts of the park from enjoyment by the public. Example of small-scale works— the construction of a boat ramp 16 EIS required (1) The applicant for a section 15 permission must give the chief executive an EIS about the proposed reclamation that includes a consideration of— (a) the proposed use of the reclaimed part of the marine park; and (b) the potential impacts of the proposed reclamation on— (i) the park's environment and use and non-use values; and (ii) the environment of areas of waters or land contiguous with or adjacent to the park. (2) The EIS must also include the RIS information about the proposed regulation revoking the declaration of the reclaimed part of the park. (3) Unless the EIS was made under another Act or a law of the Commonwealth or another State, it must have been prepared under the guidelines, and address the terms of reference, approved by the chief executive. (4) The chief executive may require the applicant to give the chief executive additional information about a matter— (a) mentioned in subsection (1); or (b) for which information is required, under subsection (2), to be included in an EIS. (5) The EIS and any additional information given under subsection (4) must be or have been made available for public consultation as required under section 17. (6) The applicant must pay the costs of preparing the EIS and additional information and making it available for public consultation. (7) This section does not apply if the proposed reclamation is for, or expected to result from, carrying out small-scale works. Example of small-scale works— the construction of a boat ramp (8) In this section— EIS includes an EIS required under— (a) another Act; or (b) a law of the Commonwealth or another State. RIS information means the information required to be included in a regulatory impact statement under the Statutory Instruments Act 1992, section 44 as in force immediately before its repeal by the Fiscal Repair Amendment Act 2012. 17 Public consultation about EIS and other information (1) The applicant for a section 15 permission must publish, in a newspaper likely to be read by persons particularly affected by the proposed reclamation, a notice about the EIS and any additional information given to the chief executive under section 16(4). (2) The notice must state each of the following— (a) where a copy of the EIS and information are available for inspection; (b) where a copy of the EIS and information may be obtained at a stated reasonable cost; (c) that submissions may be made to the chief executive about the EIS and information; (d) the reasonable period, set by the chief executive, during which a submission may be made. (3) For subsection (2)(b), the stated reasonable cost must not be more than the actual cost of producing the copy. 18 Certificate of satisfactory completion If the chief executive is satisfied a reclamation the subject of a section 15 permission has been completed as required under the permission, the chief executive must give the permission holder a certificate of satisfactory completion for the reclamation. 19 Revocation of reclaimed part of park (1) This section applies if tidal land in a marine park— (a) is not in a highly protected area and is reclaimed after the commencement of this section under a permission; or (b) is reclaimed as a result of— (i) a reclamation mentioned in section 15(4) carried out without contravening this Act; or (ii) unauthorised works carried out before or after the commencement. (2) Subject to subsections (3) and (4), a regulation revoking the declaration of the resulting reclaimed part of the park may be made without a resolution of the Legislative Assembly mentioned in section 9(2). (3) If the reclamation was carried out under a permission, subsection (2) applies only if— (a) for a reclamation that is not abandoned—the chief executive has given the permission holder a certificate of satisfactory completion for the reclamation; or (b) for an abandoned reclamation—the Minister reasonably considers it is impracticable to restore or rehabilitate the reclaimed part to the condition it was in before the reclamation. (4) If the reclamation results from unauthorised works, subsection (2) applies only if the Minister reasonably considers it is impracticable to restore or rehabilitate the reclaimed part to the condition it was in before the reclamation. (6) In this section— permission means— (a) a section 15 permission; or (b) a permission taken, under section 160, to be issued under this Act. Note— See section 160 (Existing permissions). unauthorised works means works not authorised under this Act or the repealed Act. Division 4 Other provisions about marine parks 20 What park comprises (1) On and after the commencement of this section, a marine park declared before or after the commencement comprises— (a) the land and waters in the park's declared area, including any land or waters resulting from reclamation works— (i) carried out after the park is declared; and (ii) for a park declared before the commencement—not completed before the commencement of section 165, regardless of whether the works were started before or after the commencement of that section; and (b) the park's associated airspace and subsoil and other natural and cultural resources. (2) In this section— associated airspace, for a marine park, means the airspace to the height of 915m above the park. associated subsoil, for a marine park, means the subsoil to a depth of 1,000m below the surface of the park. Part 3 Zoning and management plans Division 1 Zoning plans Subdivision 1 Prescription 21 Zoning plan The Governor in Council may approve a zoning plan for a marine park if the plan has been prepared under sections 22 and 23. 22 Preparation and notice of draft plan (1) The Minister must prepare a draft of the zoning plan complying with section 24 and give public notice about the draft plan. (2) The notice must state— (a) the name of the marine park the draft plan concerns; and (b) that a copy of the draft plan and the provisions of any document applied, adopted or incorporated by the plan are available for inspection, without charge by the chief executive— (i) during normal business hours at each department office; and (ii) on the department's website; and (c) an invitation to members of the public and other persons to make written submissions to the Minister, within a stated reasonable period, about the draft plan. (3) The stated period must be at least 28 days after the public notice is given. (4) Subsection (2)(c) does not apply if— (a) the draft plan is substantially uniform or complementary with— (i) another Act; or (ii) a law of the Commonwealth or another State; or (b) the following applies— (i) the draft plan adopts an Australian or international protocol, standard, code, or intergovernmental agreement or instrument; and (ii) an assessment of the benefits and costs associated with the plan has already been made; and (iii) the assessment was made for, or is relevant to, Queensland; or (c) the Minister considers there has already been adequate other public consultation about the matters the subject of the draft plan. (5) The consultation mentioned in subsection (4)(c) must have— (a) involved publication of the matters the subject of the draft plan; and (b) been for a period of at least 28 days after the publication within which members of the public could comment on the matters. (6) On payment of the fee, if any, decided by the chief executive, a person may obtain a copy of the draft plan from the chief executive. 23 Preparation of final plan (1) The Minister must prepare the final zoning plan— (a) after considering each submission made to the Minister as required by the public notice given under section 22; and (b) having regard to the purposes of this Act. (2) The final zoning plan— (a) is subordinate legislation; and (b) does not have effect until the later of the following— (i) the day it is approved by the Governor in Council under section 21; (ii) the commencement day stated in the plan. 24 Content of zoning plan (1) The draft and final zoning plan must— (a) state the following for each zone or designated area within the marine park— (i) its name; (ii) the objects to be achieved for the zone or designated area; (iii) the purpose for which it may be entered or used; and (b) if the park comprises 2 or more zones or designated areas—define the external boundaries of each zone or area by a map or an appropriate description. (2) The plan may provide for— (a) the reclamation of tidal land; and (b) a maximum penalty of not more than 165 penalty units for a contravention of the plan. (3) Subsection (2) does not limit the matters for which the plan may provide. Subdivision 2 Amendment 25 Amendment of zoning plan (1) The Governor in Council may approve an amendment of a zoning plan if, subject to subsections (2) and (3), the amendment has been prepared under sections 26 and 27. (2) Sections 26 and 27 do not apply if the amendment is— (a) a minor amendment to— (i) correct an error in the plan; or (ii) make a change, other than a change of substance, in the plan; or (b) of a type that the zoning plan states may be made under this subsection. (3) Also, the sections do not apply if— (a) for a zoning plan that is substantially uniform or complementary with another Act or a law of the Commonwealth or another State—the amendment is needed to ensure the plan remains substantially uniform or complementary; or (b) each of the following applies— (i) the amendment adopts an Australian or international protocol, standard, code, or intergovernmental agreement or instrument; (ii) an assessment of the benefits and costs associated with the amendment has already been made; (iii) the assessment was made for, or is relevant to, Queensland; or (c) the Minister considers there has already been adequate other public consultation about the matters the subject of the amendment. (4) The consultation mentioned in subsection (3)(c) must have— (a) involved publication of the matters the subject of the amendment; and (b) been for a period of at least 28 days after the publication within which members of the public could comment on the matters. 26 Preparation and notice of draft amendment (1) The Minister must prepare a draft of the amendment and give public notice about the draft amendment. (2) The notice must— (a) identify the zoning plan proposed to be amended; and (b) state— (i) that a copy of the draft amendment and the provisions of any document applied, adopted or incorporated by the amendment are available for inspection, without charge by the chief executive— (A) during normal business hours at each department office; and (B) on the department's website; and (ii) an invitation to members of the public and other persons to make written submissions to the Minister, within a stated reasonable period, about the draft amendment. (3) The stated period must be at least 28 days after the public notice is given. (4) On payment of the fee, if any, decided by the chief executive, a person may obtain a copy of the draft amendment from the chief executive. 27 Preparation of final amendment (1) The Minister must prepare the final amendment— (a) after considering each submission made to the Minister as required by the public notice given under section 26; and (b) having regard to the purposes of this Act. (2) The final amendment— (a) is subordinate legislation; and (b) does not have effect until the later of the following— (i) the day it is approved by the Governor in Council under section 25; (ii) the commencement day stated in the amendment. Subdivision 3 Other provisions 28 Tabling of statement with zoning plan or amendment (1) This section applies if, as a result of the making or amendment of a zoning plan, the classification or boundaries of an existing zone are changed in a way that decreases the level of protection for the marine environment in the zone. (2) When the zoning plan or amendment is tabled in the Legislative Assembly as required under the Statutory Instruments Act 1992, section 49, the Minister must also table a statement— (a) identifying the zone, and location of the area, for which the level of protection is decreased; and (b) giving the reasons for the decrease. Division 2 Management plans Subdivision 1 Approval 29 Approval of management plan The Governor in Council may, by gazette notice, approve a management plan for a marine park, if the plan has been prepared under sections 30 to 32. 30 Preparation of draft plan (1) The Minister must prepare a draft of the management plan. (2) The draft plan may apply, adopt, or incorporate (with or without modification) the provisions of another document, whether of the same or a different kind. (3) A provision of another document applied, adopted or incorporated is the provision as in force from time to time, unless the draft plan expressly provides otherwise. 31 Notice of draft plan (1) The Minister must publish a notice about the draft plan on the department's website. (2) The notice must state— (a) the name of the marine park the draft plan concerns; and (b) that a copy of the draft plan and the provisions of any document applied, adopted or incorporated by the plan are available for inspection, without charge by the chief executive— (i) during normal business hours at each department office; and (ii) on the department's website; and (c) an invitation to members of the public and other persons to make written submissions to the Minister, within a stated reasonable period, about the draft plan. (3) The stated period must be at least 20 business days after the notice is published. (4) Subsection (2)(c) does not apply if— (a) the draft plan is substantially uniform or complementary with— (i) another Act; or (ii) a law of the Commonwealth or another State; or (b) the following applies— (i) the draft plan adopts an Australian or international protocol, standard, code, or intergovernmental agreement or instrument; and (ii) an assessment of the benefits and costs associated with the plan has already been made; and (iii) the assessment was made for, or is relevant to, Queensland; or (c) the Minister considers there has already been adequate other public consultation about the matters the subject of the plan. (5) The consultation mentioned in subsection (4)(c) must have— (a) involved publication of the matters the subject of the draft plan; and (b) been for a period of at least 20 business days after the publication within which members of the public could comment on the matters. (6) On payment of the fee, if any, decided by the chief executive, a person may obtain a copy of the draft plan from the chief executive. 32 Preparation of final plan The Minister must prepare the final management plan— (a) after considering each submission made to the Minister as required by the notice published under section 31; and (b) having regard to the purposes of this Act. 32A Plan may be combined with another plan A management plan may be combined with 1 or more of the following— (a) a management plan for another marine park; (b) a management plan for an area dedicated or declared under the Nature Conservation Act 1992; (c) a management plan for a recreation area under the Recreation Areas Management Act 2006. 33 When management plan has effect The management plan has effect on and from the later of the following days— (a) the day the gazette notice approving the plan, as required under section 29, is published in the gazette; (b) the commencement day stated in the plan. Subdivision 2 Amendment and review 34 Approval of amendment of management plan (1) If an amendment of a management plan has been prepared under sections 35 to 37, the following person may, by gazette notice, approve the final amendment— (a) if the amendment is of a type mentioned in section 36(5) or (6)—the Minister; or (b) otherwise—the Governor in Council. (2) The gazette notice must state where a copy of the approved amendment is available for inspection. 35 Preparation and notice of draft amendment (1) The Minister must prepare a draft of the amendment. (2) The draft amendment may apply, adopt, or incorporate (with or without modification) the provisions of another document, whether of the same or a different kind. (3) A provision of another document applied, adopted or incorporated is the provision as in force from time to time, unless the draft amendment expressly provides otherwise. 36 Notice of draft amendment (1) The Minister must publish a notice about the draft amendment on the department's website. (2) The notice must— (a) identify the management plan proposed to be amended; and (b) state— (i) that a copy of the draft amendment and the provisions of any document applied, adopted or incorporated by the amendment are available for inspection, without charge by the chief executive— (A) during normal business hours at each department office; and (B) on the department's website; and (ii) an invitation to members of the public and other persons to make written submissions to the Minister, within a stated reasonable period, about the draft amendment. (3) The stated period must be at least 20 business days after the notice is published. (4) On payment of the fee, if any, decided by the chief executive, a person may obtain a copy of the draft amendment from the chief executive. (5) This section does not apply if the amendment is— (a) a minor amendment to— (i) correct an error in the plan; or (ii) make a change, other than a change of substance, in the plan; or (b) of a type that the management plan states may be made under this subsection. (6) Also, this section does not apply if— (a) for a management plan that is substantially uniform or complementary with another Act or a law of the Commonwealth or another State—the amendment is needed to ensure the plan remains substantially uniform or complementary; or (b) each of the following applies— (i) the amendment adopts an Australian or international protocol, standard, code, or intergovernmental agreement or instrument; (ii) an assessment of the benefits and costs associated with the amendment has already been made; (iii) the assessment was made for, or is relevant to, Queensland; or (c) the Minister considers there has already been adequate other public consultation about the matters the subject of the amendment. (7) The consultation mentioned in subsection (6)(c) must have— (a) involved publication of the matters the subject of the amendment; and (b) been for a period of at least 20 business days after the publication within which members of the public could comment on the matters. 37 Preparation of final amendment The Minister must prepare the final amendment— (a) after considering each submission made to the Minister as required by the notice published under section 36; and (b) having regard to the purposes of this Act. 38 When amendment has effect The amendment has effect on and from the later of the following days— (a) the day the gazette notice approving the amendment, as required under section 34, is published in the gazette; (b) the commencement day stated in the amendment. 39 Review of management plan (1) The Minister must review the operation of the management plan for each marine park not later than 10 years after its approval. (2) On completion of the review, the Minister may— (a) prepare a new management plan for the marine park; or (b) amend the existing management plan for the marine park; or (c) leave the existing management plan for the marine park unchanged. Subdivision 3 Other provisions 40 Public access to current management plan (1) The chief executive must keep a copy of each current management plan available for inspection, without charge, by members of the public— (a) on the department's website on the internet; and (b) during office hours on business days at— (i) the department's head office; and (ii) each regional office of the department. (2) On payment of the fee, if any, decided by the chief executive, a person may obtain a copy of the current management plan from the chief executive. 41 Chief executive may enter into cooperative arrangement for management plan The chief executive may enter into an agreement or other arrangement with any of the following persons about the preparation, amendment, review or implementation of a management plan for a marine park— (a) a person, or group of persons, having a special interest in the park, including native title to, or some other special identification with, the park or its natural or cultural resources; (b) a person representing a person or group mentioned in paragraph (a). 42 Moratorium on grant of new permissions (1) The Minister may publish a notice (a moratorium notice) stating that a management plan likely to affect the entry to or use of a stated marine park for a stated purpose is being prepared or amended. (2) The moratorium notice must be published in— (a) the gazette; and (b) a newspaper circulating throughout the State. (3) If a moratorium notice is published, an application for an authority issued under this Act for the stated purpose can not be granted during the moratorium period, regardless of whether the application was received before or after the period starts. (4) In this section— moratorium period means the period— (a) starting on the day the moratorium notice is published; and (b) ending on the earlier of the following— (i) the day the management plan or amendment has effect; Note— See sections 33 (When management plan has effect) and 38 (When amendment has effect). (ii) 1 year after the day the moratorium notice is published. Part 4 Offences Division 1 Entry to or use of marine park 43 Entry or use for a prohibited purpose (1) A person must not wilfully enter or use a marine park for a prohibited purpose. Maximum penalty— (a) for a prohibited purpose involving the taking of natural or cultural resources—3,000 penalty units; or (b) for another prohibited purpose—295 penalty units. (2) This section does not apply to an act— (a) done by an authorised person in the performance of a function or exercise of a power under this Act; or (b) done by someone else authorised under this Act to do the act. (3) In this section— prohibited purpose means a purpose prescribed under a regulation or zoning plan as a prohibited purpose for this section. 44 Entry or use without an authority (1) If this Act requires a person to obtain an authority to enter or use a marine park for a particular purpose, a person must not wilfully enter or use the park for the purpose without the authority. Maximum penalty— (a) for a purpose involving the taking of natural or cultural resources—3,000 penalty units; or (b) for another purpose—295 penalty units. (2) Subsection (1) does not apply to an act— (a) done by an authorised person in the performance of a function or exercise of a power under this Act; or (b) done by someone else authorised under this Act to do the act. 45 Entry or use requiring notice (1) A person required under this Act to give the chief executive a notice before entering or using a marine park for a particular purpose must not wilfully enter or use the park for the purpose without giving the notice. Maximum penalty—295 penalty units. (2) If the chief executive makes the entry or use subject to conditions, the person must comply with the conditions. Maximum penalty—295 penalty units. Division 2 Other offence provisions 46 False or misleading information given by applicant A person, in making an application for an authority issued under this Act, must not state anything that the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units. 47 False or misleading documents given by applicant (1) A person, in making an application for an authority issued under this Act, must not give the chief executive a document containing information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units. (2) Subsection (1) does not apply to a person who, when giving the document— (a) informs the chief executive, to the best of the person's ability, how it is false or misleading; and (b) gives the correct information to the chief executive if the person has, or can reasonably obtain, the correct information. 48 Noncompliance with temporary restricted area declaration (1) A person must comply with a temporary restricted area declaration. Maximum penalty—3,000 penalty units or 2 years imprisonment. (2) Subsection (1) does not apply to an act done or omission made by an authorised person in the performance of a function or exercise of a power under this Act. 49 Noncompliance with conditions of an authority The holder of an authority issued under this Act must comply with the conditions of the authority. Maximum penalty— (a) for a condition about the taking of natural or cultural resources—3,000 penalty units; or (b) for a deemed condition within the meaning of the Environmental Offsets Act 2014—3,000 penalty units; or (c) for another condition—295 penalty units. 50 Unlawful serious environmental harm (1) A person must not wilfully do an act or make an omission that directly or indirectly causes or is likely to cause serious environmental harm to a marine park. Maximum penalty—3,000 penalty units or 2 years imprisonment. (2) Subsection (1) does not apply to an act done or omission made— (a) by an authorised person in the performance of a function or exercise of a power under this Act; or (b) by someone else authorised under this Act to do the act or make the omission. (3) Also, subsection (1) does not apply if the act or omission is incidental to and normally associated with an activity carried out lawfully by the person— (a) outside the marine park; or Example— a lawful discharge from a land-based aquaculture facility (b) inside the park, if— (i) there is no zoning plan for the park; or (ii) the park is not subject to a regulation applying specifically to the park and dealing with the conservation of its environment. (4) In this section— serious environmental harm, to a marine park, means— (a) actual or potential harm to the park's environment or use and non-use values that is irreversible, of a high impact or widespread; or (b) for a marine park area that is a highly protected area, an area of high conservation value or special significance—actual or potential harm to the area's environment or use and non-use values. 51 Unlawful use of particular words (1) A person must not use words about an area that is not a marine park— (a) in a way that is likely to cause a person to whom the words are directed to reasonably believe the area is a marine park or part of a marine park; and (b) with the intention of gaining a benefit for the person or someone else or of causing a detriment to someone else. Maximum penalty—50 penalty units. (2) A person must not use words about a zone or other area in a marine park— (a) in a way that is likely to cause a person to whom the words are directed to reasonably believe the zone or area is of a classification different to its classification under this Act; and (b) with the intention of gaining a benefit for the person or someone else or of causing a detriment to someone else. Maximum penalty—50 penalty units. Part 5 Monitoring and enforcement Division 1 Inspectors 52 Appointment and qualifications (1) The chief executive may appoint any of the following individuals as an inspector— (a) a public service employee; (b) an APS employee under the Public Service Act 1999 (Cwlth); (c) an employee of a local government; (d) a police officer; (e) with the individual's consent, another individual. Note— A proposed appointment of a police officer must have the approval of the commissioner of the police service under the Police Powers and Responsibilities Act 2000, section 13 (Appointment of police officers as public officials for other Acts). (2) However, the chief executive may appoint an individual as an inspector only if the chief executive is satisfied the individual is qualified for appointment because the individual has the necessary expertise or experience. 52A Functions of inspectors (1) An inspector has the following functions— (a) to investigate, monitor and enforce compliance with this Act; (b) to investigate or monitor whether an occasion has arisen for the exercise of powers under this Act; (c) to facilitate the exercise of powers under this Act; (d) to help achieve the main purpose of this Act by providing advice and information on how the purpose may be achieved. (2) Subject to this Act, an inspector may exercise the powers under this Act for the purpose of these functions. 53 Appointment conditions and limit on powers (1) An inspector holds office on any conditions stated in— (a) the inspector's instrument of appointment; or (b) a signed notice given to the inspector; or (c) a regulation. (2) The instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector's powers under this Act. (3) In this section— signed notice means a notice signed by the chief executive. 54 Issue of identity card (1) The chief executive must issue an identity card to each inspector. (2) The identity card must— (a) contain a recent photo of the inspector; and (b) contain a copy of the inspector's signature; and (c) identify the individual as an inspector under this Act; and (d) state an expiry date for the card. (3) This section does not prevent the issue of a single identity card to an individual for this Act and other purposes. (4) Without limiting subsection (3), if the person holds an office under another Act administered by the department, the identity card may identify the other office. (5) Despite subsection (1), the chief executive is not required to issue an identity card to— (a) an inspector who is a police officer; or (b) a person who holds an identity card, issued under another Act by a Minister or chief executive of a department, that identifies the person as an inspector. 55 Production or display of identity card (1) In exercising a power under this Act in relation to a person, an inspector must— (a) produce the inspector's identity card for the person's inspection before exercising the power; or (b) have the identity card displayed so it is clearly visible to the person when exercising the power. (2) However, if it is not practicable to comply with subsection (1), the inspector must produce the identity card for the person's inspection at the first reasonable opportunity. (3) For subsection (1), an inspector does not exercise a power in relation to a person only because the inspector has entered a place as mentioned in section 59(1)(b) or (2). (4) This section does not apply to an inspector who is a police officer. (5) Subsection (4) does not limit or otherwise affect the Police Powers and Responsibilities Act 2000, section 637. (6) In this section— identity card means— (a) an identity card issued under section 54; or (b) an identity card, issued under another Act by a Minister or chief executive of a department, that identifies the person as an inspector under this Act. 56 When inspector ceases to hold office (1) An inspector ceases to hold office if any of the following happens— (a) the term of office stated in a condition of office ends; (b) under another condition of office, the inspector ceases to hold office; (c) the inspector's resignation under section 57 takes effect. (2) Subsection (1) does not limit the ways an inspector may stop holding office. (3) In this section— condition of office means a condition on which the inspector holds office. 57 Resignation An inspector may resign by signed notice given to the chief executive. 58 Return of identity card An individual who ceases to be an inspector must return an identity card issued to the individual under section 54 to the chief executive within 21 days after ceasing to be an inspector, unless the individual has a reasonable excuse. Maximum penalty—50 penalty units. Division 2 Powers of inspectors Subdivision 1 Entry to places 59 Power to enter places (1) Subject to section 72(2), an inspector may enter a place if— (a) its occupier consents to the entry; or (b) it is a public place and the entry is made when it is open to the public; or (c) the entry is authorised by a warrant; or (d) it is an authority holder's place of business stated in the authority and is— (i) open for carrying on the business; or (ii) otherwise open for entry; or (iii) required to be open for inspection under the authority. (2) For the purpose of asking the occupier of a place for consent to enter, an inspector may, without the occupier's consent or a warrant— (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or (b) enter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. (3) For subsection (1)(d), a place of business does not include a part of the place where an individual resides. Subdivision 2 Procedure for entry 60 Entry with consent (1) This section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place under section 59(1)(a). (2) Before asking for the consent, the inspector must tell the occupier— (a) the purpose of the entry; and (b) that the occupier is not required to consent. (3) If the consent is given, the inspector may ask the occupier to sign an acknowledgment of the consent. (4) The acknowledgment must state— (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and (b) the purpose of the entry; and (c) the occupier gives the inspector consent to enter the place and exercise powers under this part; and (d) the time and date the consent was given. (5) If the occupier signs the acknowledgment, the inspector must immediately give a copy to the occupier. (6) If— (a) an issue arises in a proceeding about whether the occupier consented to the entry; and (b) an acknowledgment complying with subsection (4) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented. 61 Application for warrant (1) An inspector may apply to a magistrate for a warrant for a place. (2) The inspector must prepare a written application that states the grounds on which the warrant is sought. (3) The written application must be sworn. (4) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example— The magistrate may require additional information supporting the written application to be given by statutory declaration. 62 Issue of warrant (1) The magistrate may issue a warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting— (a) there is a particular thing or activity (the evidence) that may provide evidence of an offence against this Act; and (b) the evidence is at the place, or, within the next 7 days, will be at the place. (2) The warrant must state— (a) the place to which the warrant applies; and (b) that any inspector or a stated inspector may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry to the place; and (ii) exercise the inspector's powers under this part; and (c) the offence for which the warrant is issued; and (d) the evidence that may be seized under the warrant; and (e) the hours of the day or night when the place may be entered; and (f) the magistrate's name; and (g) the date and time of the warrant's issue; and (h) the date, within 14 days after the warrant's issue, the warrant ends. 63 Application by electronic communication and duplicate warrant (1) An application under section 61 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the inspector considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances, including, for example, the inspector's remote location. (2) The application— (a) may not be made before the inspector prepares the written application under section 61(2); but (b) may be made before the written application is sworn. (3) The magistrate may issue the warrant (the original warrant) only if the magistrate is satisfied— (a) it was necessary to make the application under subsection (1); and (b) the way the application was made under subsection (1) was appropriate. (4) After the magistrate issues the original warrant— (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the inspector; or (b) otherwise— (i) the magistrate must tell the inspector the date and time the warrant is issued and the other terms of the warrant; and (ii) the inspector must complete a form of warrant, including by writing on it— (A) the magistrate's name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant. (5) The copy of the warrant mentioned in subsection (4)(a), or the form of warrant completed under subsection (4)(b) (in either case the duplicate warrant) is a duplicate of, and as effectual as, the original warrant. (6) The inspector must, at the first reasonable opportunity, send to the magistrate— (a) the written application complying with section 61(2) and (3); and (b) if the inspector completed a form of warrant under subsection (4)(b)—the completed form of warrant. (7) The magistrate must keep the original warrant and, on receiving the documents under subsection (6)— (a) attach the documents to the original warrant; and (b) give the original warrant and documents to the clerk of the court of the relevant magistrates court. (8) Despite subsection (5), if— (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and (b) the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power. (9) This section does limit section 61. (10) In this section— relevant magistrates court, in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991. 64 Defect in relation to a warrant (1) A warrant is not invalidated by a defect in the warrant or in compliance with section 61, 62 or 63 unless the defect affects the substance of the warrant in a material particular. (2) In this section— warrant includes a duplicate warrant mentioned in section 63(5). 65 Warrants—procedure before entry (1) This section applies if an inspector is intending to enter a place under a warrant issued under this part. (2) Before entering the place, the inspector must do or make a reasonable attempt to do each of the following things— (a) identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the inspector's identity card, or having the identity card displayed, as mentioned in section 55(1); Note— For an inspector who is a police officer, see the Police Powers and Responsibilities Act 2000, section 637. (b) give the person a copy of the warrant; (c) tell the person the inspector is permitted by the warrant to enter the place; (d) give the person an opportunity to allow the inspector immediate entry to the place without using force. (3) However, the inspector need not comply with subsection (2) if the inspector believes that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated. (4) In this section— identity card means— (a) an identity card issued under section 54; or (b) an identity card, issued under another Act by a Minister or chief executive of a department, that identifies the person as an inspector under this Act. warrant includes a duplicate warrant mentioned in section 63(5). Subdivision 3 Powers after entry 66 General powers after entering places (1) This section applies to an inspector who enters a place under section 59. (2) However, if an inspector enters a place to ask the occupier's consent to enter premises, this section applies to the inspector only if the consent is given or the entry is otherwise authorised. (3) For monitoring and enforcing compliance with this Act, the inspector may do all or any of the following— (a) search any part of the place; (b) inspect, measure, test, photograph or film any part of the place or anything at the place; (c) mark or seal a container or other thing at the place; (d) open a container if the inspector considers it is necessary for exercising a power; (e) take a sample of or from anything at the place; (f) take an extract from, or copy, a document at the place; (g) take into or onto the place any person, equipment and materials the inspector reasonably requires for exercising a power under this division. 67 Power to require reasonable help or information (1) An inspector may require the occupier of the place, or a person at the place, to give the inspector— (a) reasonable help to exercise a power under section 66(3); or (b) information, in a stated reasonable way, to help the inspector ascertain whether this Act is being complied with. Example of reasonable way— by production of a licence, certificate or log book entry (2) When making a requirement under subsection (1), the inspector must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse. (3) A person required to give reasonable help under subsection (1)(a), or give information under subsection (1)(b), must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—15 penalty units. (4) If the person is an individual, it is a reasonable excuse for the individual not to comply with the requirement if complying with the requirement might tend to incriminate the individual. Subdivision 4 Other powers 68 Power to require name and address (1) An inspector may require a person to state the person's name and residential or business address if the inspector— (a) finds the person committing an offence against this Act; or (b) finds the person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has just committed an offence against this Act. (2) When making the requirement, the inspector must warn the person it is an offence to fail to state the person's name or address unless the person has a reasonable excuse. (3) The inspector may also require the person to give evidence of the correctness of the stated name or required address if the inspector suspects the stated name or address is false. (4) A person of whom a requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty for subsection (4)—15 penalty units. (5) A person does not commit an offence against subsection (4) if— (a) the requirement was given because the inspector suspected the person had committed an offence against this Act; and (b) the person is not proved to have committed the offence. 69 Power to require information about contravention (1) This section applies if an inspector reasonably believes— (a) this Act has been contravened; and (b) a person may be able to give information about the contravention. (2) The inspector may require the person to give information to the person's knowledge about the contravention within a stated reasonable time and in a stated reasonable way. Example of reasonable way— by production of a licence, certificate or log book entry (3) When making a requirement under subsection (2), the inspector must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse. (4) A person of whom a requirement is made under subsection (2) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty for subsection (4)—15 penalty units. (5) If the person is an individual, it is a reasonable excuse for the individual not to comply with the requirement if complying with the requirement might tend to incriminate the individual. 70 Power to stop persons (1) An inspector may require a person to stop, and not to move on until permitted by the inspector, if the inspector— (a) finds the person committing an offence against this Act; or (b) finds the person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has just committed an offence against this Act. (2) When making the requirement, the inspector must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse. (3) The inspector may require the person not to move on only for as long as is reasonably necessary for the inspector to exercise the inspector's powers under this Act in relation to the person. (4) A person must comply with a requirement under subsection (1), unless the person has a reasonable excuse. Maximum penalty for subsection (4)—100 penalty units. 71 Power to give direction to leave area (1) An inspector may direct a person to immediately leave a marine park or a part of it if— (a) the inspector finds the person committing, or attempting to commit, an offence against this Act; or (b) finds the person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has committed or attempted to commit an offence against this Act. (2) The direction may require the person to remove the person's property from the park or part of it. (3) When giving the direction, the inspector must tell the person the reason for giving it. (4) If it is reasonably practicable, the direction must be given in writing. (5) The person must comply with the direction, unless the person has a reasonable excuse. Maximum penalty for subsection (5)—15 penalty units. (6) If the person, without reasonable excuse, fails to comply with the direction, an inspector may take the steps that appear to the inspector to be reasonable and necessary to secure compliance with the direction, including, for example— (a) using reasonable force; and (b) removing the person's property to a place inside or outside the park. 72 Power to stop and search vessels, vehicles and aircraft (1) This section applies— (a) to enable an inspector to board or enter a vessel, vehicle or aircraft to find out whether this Act is being complied with; or (b) if an inspector has reasonable grounds for suspecting— (i) a vessel, vehicle or aircraft is being, or has been, used in the commission of an offence against this Act; or (ii) the vessel, vehicle or aircraft, or anything in or on it, may provide evidence of the commission of an offence against this Act. (2) The inspector may, with necessary and reasonable help and force and without the consent of the owner or person in control of the vessel, vehicle or aircraft or a warrant— (a) board or enter the vessel, vehicle or aircraft; and (b) exercise the powers set out in section 66(3). (3) However, before boarding or entering an unattended vessel, vehicle or aircraft under this section, the inspector must take reasonable steps to advise its owner, or the person in control of it, of the intention to board or enter. (4) After boarding or entering an unattended vessel, vehicle or aircraft under this section, the inspector must attach or leave, in a conspicuous pla