Marine park permits
- When is a marine park permit required?
- What is a tourist program?
- Commercial whale watching
- Tourist programs using a facility or structure
- Deeds of agreement
- Fees and charges for marine park permits
- Permitting process
- How are State marine park permits assessed?
- Is a native title assessment required?
- Links between commercial activity permits and marine park permits
- Reviews and appeals
When is a marine park permit required?
As a general guide the following activities require a marine park permit; however, applicants should refer to the zoning plan for the particular marine park or contact a the department office for specific information:
- commercial harvest fisheries
- collecting marine plants or animals
- discharging waste
- operating a hovercraft
- oyster ground and mariculture operations
- research
- tourist programs
- vessel or aircraft charter
- commercial whale watching
- flying an aircraft below 915 metres
- building structures such as jetties, moorings, boat ramps
- dredging and disposing of dredged material
- extraction and mining activities
- media activities
A permit may also be required for services to non-tourists such as making your vessel available for charter by researchers or film crews. For information about activities other than tourist programs and commercial whale watching contact your local marine parks the department office or GBRMPA for details about permit requirements.
Application forms
Permit Application Form (PDF)* - marine parks permit for tourist operations and structures for the Great Barrier Reef Marine Park and State marine parks in the Great Barrier Reef region
New State only marine park permit application forms will be available soon.
What is a tourist program?
A tourist program is generally a commercial activity that includes the provision of transport, accommodation or services for tourists or for persons who include tourists.
Commercial whale watching
A commercial whale watching program means a business operation involving carrying people in a boat or aircraft for the purpose of watching whales. A permit is required for commercial whale watching with daily fees payable. Operating conditions set out safe distances and practices to ensure the protection of these marine mammals. The Conservation and management of whales and dolphins in Queensland explains whale watching regulations.
As stated in the Conservation and management of whales and dolphins in Queensland, commercial whale watching is restricted to within marine parks with commercial whale watching permits being issued under the Marine Parks Act 2004.
Tourist programs using a facility or structure
If the proposed tourist program requires the construction or use of a facility or structure, a separate development application may be required. Before lodging an application, the zoning plan for the particular marine park needs to be checked to establish in which zone the facility will be located and if the installation of a facility may be permitted in that zone.
Some examples of tourist facilities include:
- vessel or pontoon permanently moored, or anchored for longer than allowed without a permit
- vessel or pontoon permanently attached to a structure
- free floating pontoon
- floating hotel
- underwater structure (e.g. aquarium)
- mooring.
Other government agencies, for example Maritime Safety Queensland and Department of Primary Industry and Fisheries, may also have permitting requirements for structures and moorings. See Useful contacts section for more details.
Deeds of agreement
Some commercial tour permits for marine parks are tied to deeds of agreement. The deed spells out the agreement to pay fees, payment of costs (such as for restoration works), indemnity, insurance requirements, safety responsibilities and any other requirements. All permits require the permittee to obtain public liability insurance. For State only marine park permits, a pre-design conference meeting may help determine if a deed of agreement is required. For more details, read the department Pre-design conference fact sheet.
For more information about GBRMPA deeds of agreement.
Fees and charges for marine park permits
The Marine Parks Regulation 2006 , Schedule 4, sets out the fees payable for commercial whale watching conducted in Moreton Bay and Great Sandy marine parks.
For current fee schedules see List of fees and charges or visit www.legislation.qld.gov.au and search under the relevant legislation.
Permitting process
Applicants should provide enough information for the department officers to clearly understand what the proposed activity is and where it will be conducted. In addition, applications must contain enough information for the department to adequately assess the impact of the proposed activity on the marine park against the assessment criteria contained in the Marine Parks Regulation 2004. Giving false or misleading information in a permit application is an offence. To allow sufficient time for investigation and assessment, applications should be lodged at least 3 months prior to the start of the proposed activity.
How are State marine park permits assessed?
In assessing an application for a marine park permit the following criteria must be considered under the Marine Parks Regulation 2004:
- The objectives for the marine park or part.
- The need to conserve the natural and cultural resources in the marine park or part.
- The impact the applicant's proposed use for the marine park or part, including the size, extent and location of it, may have on:
(i) the current, or future or desirable, use or amenity of a marine park and its adjacent areas
(ii) the environment.- The means of transport proposed to be used for the entry to, use of, and departure from the marine park or part.
- The adequacy of facilities for mooring, landing, parking, loading and unloading a vehicle, vessel or aircraft to be used for the applicant's proposed use for the marine park or part.
- The adequacy of the design and construction of any structure, landing area, farming facility, vessel or other thing to be used for the applicant's proposed use for the marine park or part, in relation to the health and safety of persons using the structure, landing area, farming facility, vessel or other thing.
- The arrangements for the removal, upon the expiry of the permission, of any structure, landing area, farming facility, vessel or other thing that is to be built, assembled, constructed or fixed in position for the applicant's proposed use for the marine park or part.
- The arrangements for making good any damage caused, to the marine park or part, by the applicant's proposed use for the marine park or part.
- Any other matter relevant to ensuring the orderly and proper management of the marine park or part.
- Whether the applicant owes any fee or other amount payable under the Act.
- If the application relates to an undeveloped project, the cost of which will be significant-the capacity of the applicant to satisfactorily develop the project.
- Whether the applicant is a suitable person to hold the permission.
- If the permission is intended to form a part of a joint permission-whether the applicant has been granted, or is likely to be granted, the Commonwealth permission intended to form the other part of the joint permission.
- If the marine park is a zoned marine park-any other matter mentioned in the zoning plan applying to the marine park as a matter the chief executive must also have regard to when considering an application for a permission for an area within the marine park.
In addition, the following areas may be considered, without limiting the discretion of the chief executive to consider any relevant matter:
- The impact the applicant's proposed use for the marine park or part may have on the use and non-use values of the marine park.
- The likely cumulative effect of the applicant's proposed use and other uses on a marine park.
- Any relevant instrument for the marine park or part.
- Any relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement.
- The nature of the equipment to be used for the applicant's proposed use for the marine park or part.
- The precautionary principle.
- Public health and safety.
- The public interest, including the effect the grant of the permission will have on public appreciation, understanding and enjoyment of the marine environment.
- Anything else the chief executive considers appropriate to achieve the purpose of the Act.
If a proposal may restrict the reasonable use by the public of a part of the marine park, the department can require the applicant to publicly advertise the proposal and invite public comment. These comments will then be considered in assessing the application. With all applications for marine park permits, the onus is on the applicant to establish that the environmental impacts of the proposed activities are acceptable.
Is a native title assessment required?
Applications for marine parks permits generally require native title notification. When an application is received involving any activity, which may be considered to be a "future act", the department notifies the registered native title claimants and the relevant native title representative body. Any comments received are then used when deciding whether to issue a permit or impose conditions on the permit.
Links between commercial activity permits and marine park permits
The links between commercial activity permits (CAPs) for activities on a national park and marine park permits are deliberate and vital. Generally there are two types of CAPs issued to marine park operators:
- those that grant access to a single or limited list of island national parks
- those that grant access to all permissible island national parks with some seasonal restrictions in place (to limit impacts to seabirds during peak breeding season from September to March). Note that commercial access is not allowed to some national park islands in recognition of their particular natural and/or cultural values.
Where national park, State marine park or Commonwealth marine park boundaries adjoin and where a commercial activity permit and marine parks permit is issued, the conditions from high water mark to low water mark will be mirrored to provide a seamless management response.
There are many islands in the Great Barrier Reef World Heritage Area that are not national park, including unvegetated sand cays. The intertidal area surrounding these cays and islands (the beach and associated tidal plain) is Queensland marine park. It often supports significant seabird life and turtle roosting and breeding sites that need protecting. Although these areas are not national parks and are not the subject of CAPs, they figure prominently in marine-based commercial operations and in the department management strategies.
Applicants applying for permission to undertake activities in or adjacent to a marine park are encouraged to take advantage of the pre-design conference process before lodging their application. This service is free and is invaluable for projects that require a high level of assessment. The service includes meeting with a departmental project manager to discuss all the information requirements for your application. For more details, read the Pre-design conferencing fact sheet.
Reviews and appeals
Applications for marine park permits have certain appeal rights and should you be unhappy with the final decision on your application you are encouraged as a first step to contact the department to discuss your concerns. Should you remain dissatisfied you have a formal right of review of your permit decision. The department appealable decisions must first be made by way of an application for internal review.
For detailed information on the department review and appeal processes see internal reviews about decisions and appeals against a decision (PDF, 194K)*.
For joint permits (i.e. The department plus GBRMPA permits), any application review or appeal of a decision would need to be made separately under both the Queensland Marine Parks Act 2004 and the Great Barrier Reef Marine Parks Act 1975.
For reconsideration of GBRMPA permit decisions you must apply in writing within 21 days of the date of publication of details of the decision in the Commonwealth Gazette and provide a written statement of why GBRMPA should reconsider the decision.
After this process, should you still remain dissatisfied, you can apply to the Administrative Appeals Tribunal. For more details visit www.gbrmpa.gov.au or phone (07) 4750 0700.
Other forms
Form: Incident and complaint report form - Moreton Bay Marine Park & Great Sandy Marine Park
Information sheet: Permits for (State only) marine parks
Application form: Permits for (State only) marine parks
* Requires Acrobat Reader
Last updated: 04 December 2008