Document ID: chunk:federal_register_of_legislation:F2005B02402:body:0:p28
Version: federal_register_of_legislation:F2005B02402
Segment Type: other
Provision Reference: 
Character Range: 69854–72585

activity in that area does not require permission, the provision to the effect that the activity requires permission prevails — see subsection 3A (2) of the Act.

Note 2   Subject to any requirements to stow or secure fishing equipment, a ship may navigate in the General Use Zone without the permission of the Authority — see paragraph 2.2.3 (g). Any Shipping Areas that may be designated in the General Use Zone are for advisory purposes and do not, by way of the shipping management provisions, restrict the navigation of ships.

  Despite anything in Part 2 (Zones) or Part 3 (Remote Natural Area), but subject to Division 4.2 (Special Management Areas) and Part 5 (Additional purposes for use or entry), and any limitations prescribed in the Regulations, a Shipping Area may be used or entered without permission for the navigation of a ship if any equipment on the ship that is normally used for fishing or collecting is stowed or secured while the ship is in a Zone or part of a Zone, or another Area, in which the use of the equipment is not permitted under this Zoning Plan.

Division 4.2 Special Management Areas

4.2.1 Special Management Areas

 (1) Each of the following areas (being a part or parts of a zone, or of more than 1 zone) is a Special Management Area:
 (a) the Princess Charlotte Bay Special Management Area;
 (b) any other area designated as a Special Management Area in the Regulations.

 (2) For the purpose of dealing with a situation requiring immediate management action, the Authority may designate, without public consultation, a Special Management Area for a period of not more than 120 days (extendible for up to a further 60 days) in the circumstances, and in the manner, prescribed by the Regulations.

Examples for subsection (2)
1.   To restrict access to a site following an oil spill or ship grounding.
2.   The discovery of a living specimen of a species thought extinct.

4.2.2 Objective for Special Management Areas

  The objective of this Zoning Plan for Special Management Areas is to provide for restrictions on access to, or use of, specified areas of the Marine Park for conservation or management purposes, including, but not limited to, the following:
 (a) conservation of species;
 (b) conservation of natural resources;
 (c) protection of cultural or heritage values;
 (d) appreciation by the public;
 (e) public safety;
 (f) emergency situations requiring immediate management action;
 (g) restricting access to, or use of, areas of the Marine Park adjoining areas to which access is restricted or prohibited under a law of Queensland or the Commonwealth.

Examples
Reasons for the designation of an area may include seasonal closures for turtle and bird nesting sites, the