Legislation Discussion on Great Barrier Reef Marine Part Act 1975 - Essay Example

The Legislation Discussion of the of the The ‘Great Barrier Reef Marine Part Act 1975’was enacted by the Australian government in year 1975. Acts prohibited on the reef were defined and the Great Barrier Reef Marine Park Authority (GBRMPA) was created by it. To provide long-term conservation and protection of the heritage values, biodiversity and environment of the Great Barrier Reef Region was the main objective of this act. This act deals directly with the development, care, control and establishment of the Great Barrier Reef Marine Park. The powers and functions of the administration of the Act, a Consultative Committee, and the three-person Marine Park Authority were defined and established by this act. This paper will critically reflect upon the ‘Great Barrier Reef Marine Part Act 1975’.  Table of Contents The Legislation Discussion 4 Introduction 4 Discussion 5 The Legislation and the Regulatory Body Responsible for its Enforcement 5 The Primary Target of the Legislation in terms of Enforcement 6 The Things that make the Legislation Regulatory 6 The Powers for Regulation and the Limits to those Powers 6 The Compliance Requirements of the Legislation 7 The Primary Acts or Omissions under the Legislation that comprise Non-Compliance 7 The Common Measures Used to Apply the Legislation 8 Conclusion 8 The Legislation Discussion Introduction The ‘Great Barrier Reef Marine Part Act 1975’ was enacted by the Australian government in year 1975. Acts prohibited on the reef were defined, and the Great Barrier Reef Marine Park Authority (GBRMPA) was created by it. To provide long-term conservation and protection of the heritage values, biodiversity and environment of the Great Barrier Reef Region was the main objective of this act. This act deals directly with the development, care, control and establishment of the Great Barrier Reef Marine Park. The powers and functions of the administration of the Act, a Consultative Committee, and the three-person Marine Park Authority were defined and established by this act. Following the main objective, the other objectives of this act are to provide assistance in meeting international responsibilities of Australia in relation to the protection of world heritage and to the environment. This particular objective is especially based on responsibilities of Australia under the World Heritage Convention (White, 2007). The second objective is to encourage engagement in the management and protection of the Great Barrier Reef Region by interested groups and persons, involving industry, indigenous persons, local governments, business, communities and Queensland governments. The third objective is to allow ecologically sustainable use of the Great Barrier Reef Region for purposes of research in relation to the cultural, economic, social, natural value and systems of the Great Barrier Reef Region and public education about the Region and appreciation and public enjoyment. This paper will critically reflect upon the ‘Great Barrier Reef Marine Part Act 1975’.  Discussion The Legislation and the Regulatory Body Responsible for its Enforcement A range of legislations, regulations and plans guide the work for protecting the Great Barrier Reef Marine Park. Among those regulations and legislation, the primary act related to the Great Barrier Reef Marine Park is the Great Barrier Reef Marine Park Act 1975. The provisions involved within this act provide enforcement mechanisms involving, emergency powers, administration action, criminal enforcement action, infringements notices and civil penalties. Involving the powers of investigation for specified inspectors and the appointment of inspectors, it also provides an investigation regime under the EPBC Act and the Act. For certain ships in prescribed areas of the Great Barrier Reef Region, it also requires compulsory pilotage (Womble, 2012). It also prohibits mining operations in the Great Barrier Reef Region. Through a system of permissions, plans of management, and zoning plans, it also provides a framework for management and planning of the Marine Park. For the management of the Marine Park, it also establishes a Commonwealth authority and the GBRMPA. It also establishes the Great Barrier Reef Marine Park (the Marine Park).  The regulatory body responsible for its enforcement is the Marine Park Authority. For encouraging long-term compliance with changing attitudes of people and Marine Park legislation in relation to the sustainability of the activities that they wish to conduct in the Park, education has always been the primary tool of the Marine Park Authority. The enforcement staff is also involved the Queensland Boating and Fisheries Patrol, the Queensland Department of Environment and Heritage and the GBRMPA. To foster a closer working relationship between all agencies, to update knowledge of the legislation and to identify trends, other enforcement agencies, like, Australian Federal Police and Queensland Water Police conducted regular enforcement workshops. The Primary Target of the Legislation in terms of Enforcement To provide enforcement mechanisms, involving, emergency powers, administration action, criminal enforcement action, infringements notices and civil penalties is the primary target of the legislation in terms of enforcement. The civility penalty provision is a section of this act which is divided into subsections.  The Things that make the Legislation Regulatory The Great Barrier Reef Marine Park Act 1975 is the main Commonwealth Act that regulates the GBR region. Since, Great Barrier Reef has its vulnerability to runoff from the land, marine pollution, over-fishing, overuse, and degradation, therefore, its importance has long been recognized. Besides international regulations related to Great Barrier Reef, there is also a detailed Australian legislation in the Great Barrier Reef Marine Park Act 1975 which provides for the development, care, management and establishment within the GBR region. Through the development and care of the Great Barrier Reef Marine Park providing enjoyment, making use and protecting the Great Barrier Reef is the goal of GBRMPA (Cowlishaw, 2009). The Powers for Regulation and the Limits to those Powers Conferred by this act, the power to make regulations may be exercised to make different provision for classes of the case or different cases or to make the same provision for all the mentioned cases. The power can also be exercised in relation to any specified classes of the case or cases, or in relation to all those cases subject to specified exceptions or in relation to all cases to which the power extends. The powers of GBRMPA and their limits are defined below: The authority cannot hold any money on trust or personal properly or real property. The authority can only receive money on behalf and for the Commonwealth. The authority can only hold personal or real property on behalf of and for the Commonwealth. The authority can enter any understanding, arrangement, agreement or contract on behalf of and for the Commonwealth. In co-operation with a local governing body of the state, or with an authority of the state or with Queensland, the authority has the power to perform any of its functions. In connection with the performance of its functions, the authority can do all necessary or convenient things to be done.  The Compliance Requirements of the Legislation Under section 36 of the Act, authorities to comply with zoning plans are defined. According to it, the authority must exercise its powers and perform its functions in relation to the zone in line with the plan while a zoning plan is in force relational to a zone. Under section 47 of the act, the authority must comply with directions of the minister in performing a function or exercising a power under the delegation. The delegate and sub-delegate must comply with directions of authority in performing functions or exercising powers under a delegation. Under section 48, the sub-delegate must comply with directions of the Chairperson in performing functions or exercising powers under a sub-delegation.  The Primary Acts or Omissions under the Legislation that comprise Non-Compliance Under the act, the government can terminate the appointment of those members of authority who fails to comply with section 16B and 16A. An inspector is not authorized to detain or search the vessel or aircraft if he does not comply with subsection (4) of the act. To take or not to take specified action for the purposes of eliminating, mitigating or avoiding the risk, an emergency direction is made by the authority that requires particular persons, persons of a particular class or a person (Baxter, 2006). An offence is committed by a person if he fails to comply with the direction, if the direction has been published on the website of the authority and if it applies to persons or a class of persons. Strict and absolute liabilities are applied. A penalty of 500 units is imposed if the person fails to comply with emergency direction. A person must also comply with enforceable direction if it is applied to him. In case of non-compliance with enforceable direction, a penalty of 6,000 units is imposed on a body corporate, and a penalty of 600 units is imposed on an individual. The Common Measures Used to Apply the Legislation Penalty is the common measure used to apply the legislation. Under subsection of 39 (1B), (1A) or (G1), the late payment penalty is imposed. An amount payable is referred to the late payment penalty. Under section 38AA of this act, a penalty of 2000 units or imprisonment for 3 years is imposed for an aggravated offence. However, a penalty of 1000 units is imposed in any other case. Under section 38AB of this act, civil penalty is imposed.  Conclusion The management of the GBRMP is the responsibility of GBRMPA under the act. Both the GBRMPA and GBRMP were established by the Great Barrier Reef Marine Park Act 1975. Control and command prohibitions to certain activities inappropriate on the GBR are applied by this act. The making of a variety of legislative instruments, such as, management plans, regulations and zoning plans was enabled by this act. In order its objectives; this act facilitates a collaborative approach between the Queensland government and the management of the Great Barrier Reef World Heritage area. Furthermore, it facilitates partnership with traditional owners in management of resources of marine. Involving a system of permissions, it also regulates the use of the Great Barrier Reef Marine Park in ways consistent with the principles of ecologically sustainable use and the ecosystem-based management. It also provides management plans and zoning plans. It established the Great Barrier Reef Marine Park Authority. It also provides the development, care, control and establishment of the Great Barrier Reef Marine Park. References Baxter, T. (2006). Legal Protection for the Great Barrier Reef World Heritage Area. Macquarie J. Intl & Comp. Envtl. L., 3, 67. Retrieved from: http://heinonline.org/HOL/LandingPage?handle=hein.journals/macqjice3&div=7&id=&page= Cowlishaw, M. (2009). The Great Barrier Reef: Biology, Environment and Management [Book Review]. Wildlife Australia, 46(2), 43. Retrieved from: http://search.informit.com.au/documentSummary;dn=944480400664269;res=IELHSS White, M. W. (2007). Marine pollution laws of the Australasian region. The Federation Press. Retrieved from: http://books.google.com/books?hl=en&lr=&id=V0RKs9np3KgC&oi=fnd&pg=PR1&dq=Australian+Offshore+Laws++By+Michael+White&ots=Y7oMDs1dl-&sig=OldXCti9mEy0C7ctMmdtrnve3nA#v=onepage&q&f=false Womble, L. C. J. B. (2012). Freedom Of Navigation, Environmental Protection, And Compulsory Pilotage In Straits Used For International Navigation. Naval L. Rev., 61, 134-152. Retrieved from: https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=61+Naval+L.+Rev.+134&srctype=smi&srcid=3B15&key=eb27e0d2b5711454e94bf488a08726f1 Read More