Great Barrier Reef Marine Park and Other Legislation Amendment Act 2008 (125 of 2008)

Schedule 3   Proclaiming the Marine Park, zoning plans and plans of management

Part 2   Amendment of the Great Barrier Reef Marine Park Act 1975

Great Barrier Reef Marine Park Act 1975

17   After section 35

Insert:

35A Matters to which Authority must have regard when preparing zoning plans

(1) The Authority must, in preparing a zoning plan in respect of an area (the zoning plan area ), have regard to the following:

(a) the objects of this Division;

(b) the principles approved under section 34 relating to the preparation of the plan;

(c) any reports that have been given to the Minister under section 54;

(d) any matter protected by a provision of Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 that is relevant to the zoning plan area;

(e) any approved conservation advice, bioregional plan, recovery plan, threat abatement plan or wildlife conservation plan that is relevant to the zoning plan area;

(f) any value, plan or principle referred to in Part 15 of the Environment Protection and Biodiversity Conservation Act 1999 that relates to a property, place, wetland or other area that is in the zoning plan area;

(g) any habitat in the zoning plan area that is critical habitat;

(h) any plan made under the Marine Parks Act 2004 of Queensland or the Nature Conservation Act 1992 of Queensland that is relevant to the zoning plan area;

(i) any other matter prescribed by the regulations for the purposes of this paragraph.

(2) In designating an IUCN category in relation to a zone for the purposes of paragraph 32B(2)(c), the Authority must have regard to:

(a) the purposes for which the zone may be used or entered; and

(b) the Australian IUCN Reserve Management Principles for the category.

35B Notice of preparation of zoning plan

(1) When the Authority has prepared a zoning plan in respect of an area, it must, by public notice:

(a) state that a zoning plan has been prepared in respect of the area; and

(b) invite the public to make comments in connection with the plan by the date specified in the notice (which must be at least 3 months after the date the notice is published in the Gazette); and

(c) specify the address or addresses at which copies of the plan may be inspected or purchased; and

(d) specify the address to which comments must be sent; and

(e) specify that a statement prepared under subsection 35(2) is publicly available and how a copy may be obtained.

(2) The Authority must consider any comments made in accordance with the notice and, if it thinks fit, alter the plan accordingly.

35C Zoning plans must be submitted to Minister

Submission to Minister

(1) When the Authority has prepared a zoning plan in respect of an area, it must submit to the Minister:

(a) the plan; and

(b) if comments have been made in accordance with a notice under section 35B in connection with the plan - those comments, together with the Authority's views on those comments.

Plan may be accepted or referred

(2) The Minister may:

(a) accept the plan; or

(b) refer the plan to the Authority, together with the Minister's suggestions, for further consideration.

Process after plan is referred

(3) If the plan is referred to the Authority, it must, as soon as practicable after receiving the plan, further consider the plan, having regard to the Minister's suggestions.

(4) The Authority must then submit the plan again, with or without alterations, to the Minister, together with its views on the Minister's suggestions.

(5) When the plan is again submitted to the Minister, the Minister must, as soon as practicable after receiving the plan:

(a) accept the plan; or

(b) accept the plan after making such alterations as the Minister thinks fit.

(6) If the Minister alters the plan under subsection (5), the Minister must prepare a report:

(a) specifying the alterations; and

(b) setting out any views expressed by the Authority in respect of the matters to which the alterations relate.

(7) The report must accompany the plan when it is laid before both Houses of the Parliament under section 38 of the Legislative Instruments Act 2003.

Matters to which Minister must have regard

(8) In deciding whether to accept a zoning plan under this section, the Minister must have regard to the obligations of Australia under international law, including obligations under any agreement or arrangement between Australia and another country or countries.

35D Zoning plans are legislative instruments

A zoning plan prepared by the Authority and accepted by the Minister is a legislative instrument made by the Minister on the day on which the plan is accepted, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the plan.

35E Disallowance of zoning plans

(1) If notice of a motion to disallow a zoning plan is given in a House of the Parliament within 15 sitting days of that House after a copy of the plan was laid before that House, the House may, within 15 sitting days of that House after the giving of that notice, pass a resolution, in pursuance of the motion, disallowing the plan.

Note: A zoning plan is a legislative instrument (see section 35D) and must be laid before each House of the Parliament under section 38 of the Legislative Instruments Act 2003.

(2) If:

(a) notice of a motion to disallow a zoning plan is given in a House of the Parliament within 15 sitting days of that House after a copy of the plan was laid before that House; and

(b) before the end of 15 sitting days of that House after the giving of that notice of motion, the House of Representatives is dissolved or expires, or the Parliament is prorogued; and

(c) at the time of the dissolution, expiry or prorogation, as the case may be:

(i) the notice has not been withdrawn and the motion has not been called on; or

(ii) the motion has been called on, moved and (where relevant) seconded and has not been withdrawn or otherwise disposed of;

the plan is taken, for the purposes of this section, to have been laid before the first-mentioned House on the first sitting day of that first-mentioned House after the dissolution, expiry or prorogation, as the case may be.

(3) If either House of the Parliament passes a resolution in accordance with subsection (1) disallowing a zoning plan:

(a) the Minister must direct the Authority to prepare a fresh plan; and

(b) the Authority must prepare a fresh plan in accordance with this Division.

35F Commencement of zoning plans

(1) If:

(a) a zoning plan has been laid before both Houses of the Parliament under section 38 of the Legislative Instruments Act 2003; and

(b) neither House of the Parliament passes a resolution in accordance with subsection 35E(1) disallowing the plan;

the Minister must, as soon as practicable after the end of the last day on which a resolution disallowing the plan could have been passed, state, by public notice, that the plan is to come into operation on the date specified in the notice (which must not be earlier than the date the notice is published in the Gazette).

(2) The plan comes into operation on the date specified in the notice.

(3) The notice:

(a) must specify an address or addresses at which copies of the plan may be inspected or purchased; and

(b) may contain:

(i) a description of the zone or zones to which the plan relates; and

(ii) any other particulars of the plan.

35G Statement about operational principles

Within 60 days after the day on which a notice under section 35F is published in the Gazette in relation to a zoning plan, the Authority must make publicly available a report that contains a statement of how the Authority, in preparing the plan, had regard to the principles approved under section 34 relating to the preparation of the plan.

18 Subsection 37(2)

Omit "subsection 32(2)", substitute "section 32C".