Policies

Legislation

Queensland legislation that applies directly or indirectly to the conservation and wise use of the site includes:

  • Nature Conservation Act 1992 (NC Act)
  • Marine Parks Act 2004 (MP Act)
  • Fisheries Act 1994
  • Land Act 1994
  • Water Act 2000
  • Forestry Act 1957
  • Vegetation Management Act 1999
  • Environmental Protection Act 1994
  • Land Protection (Pest and Stock Route Management) Act 2002
  • Aboriginal Cultural Heritage Act 2003
  • Queensland Heritage Act 1992
  • Aboriginal Cultural Heritage Act 2003
  • Native Title Act 1992
  • Sustainable Planning Act 2009
  • Coastal Protection and Management Act 1995
  • Transport Operations (Marine Pollution) Act 1995
  • Transport Operations (Marine Safety) Act 1994.

Commonwealth legislation that applies directly or indirectly to the conservation and wise use of the site includes:

  • Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)
  • Great Barrier Reef Marine Park Act 1975 (GBRMP Act)
  • Native Title Act 1993
  • Defence Act 1903.

Shoalwater Bay Regional Park Portion

Shoalwater Bay Regional Park is wholly under state conservation tenure. The terrestrial elements of the Shoalwater Bay Regional Park portion are a small portion of regional park which is a protected area managed under the Queensland Nature Conservation Act 1992.

The adjacent marine environment within the Ramsar boundary is Queensland State and Commonwealth waters within the Great Barrier Reef Coast Marine Park and Great Barrier Reef Marine Park. The State waters are subject to the Marine Parks Act 2004. The portion is managed with reference to the Shoalwater Bay/Charon Point Area Management Statement (2012) and the Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004. The Commonwealth waters are subject to Great Barrier Reef Marine Park Act (1975) and associated Great Barrier Reef Marine Park Regulations 1983 and zoning plans (Great Barrier Reef Marine Park Zoning Plan 2003). Cultural heritage matters are subject to the Queensland Heritage Act 1992 and the Aboriginal Cultural Heritage Act 2003. There is a registered native title claim over the area, subject to the Native Title Act 1993. Species of conservation significance are subject to the Nature Conservation Act 1992 and listed under Nature Conservation (Wildlife) Regulations 2006. Endangered and of concern regional ecosystems are described under the Vegetation Management Act 1999.

Shoalwater Bay Portion

Land in the Shoalwater Bay portion of the site is Commonwealth freehold tenure. The entire portion is subject to the Environment Protection and Biodiversity Conservation Act 1999 and, through that, to the requirement to take account of Matters of National Environmental Significance.

These matters include wetlands of international importance, nationally threatened ecological communities, species subject to international covenants (migratory species), Word Heritage sites and National Heritage places.  The marine areas are a mix of both State and Commonwealth waters largely managed as Marine Park. The State waters are subject to the Marine Parks Act 2004 and are managed with reference to the Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004. The Commonwealth waters are subject to Great Barrier Reef Marine Park Act (1975) and associated Great Barrier Reef Marine Park Regulations 1983 and zoning plans (Great Barrier Reef Marine Park Zoning Plan 2003). Much of the intertidal and marine waters are covered by a dugong protection area, declared under the Queensland Fisheries Amendment Regulation No 11 1997, as well as in the Shoalwater Bay (Dugong) Plan of Management  under the Great Barrier Reef Marine Park Act (1975).

Corio Bay Portion

Land in the Corio Bay portion includes national park and various lots of unallocated crown land. The national park lands within the Ramsar boundary include all of Sandy Point and adjacent beaches and the wetlands and marine plain feeding Greenslopes Creek and parts of the western shore of Water Park Point.

The Environment Protection and Biodiversity Conservation Act 1999 and associated regulations apply because of the World Heritage listing over Corio Bay and the occurrence of migratory species listed in international conventions and agreements. The marine areas are a mix of both State and Commonwealth waters largely managed as Marine Park. The State waters are subject to the Marine Parks Act 2004 and are managed with reference to the Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004. Further, the State Coastal Management Plan places the management of coastal waters within the statutory and planning framework of the Coastal Protection and Management Act 1995. The Commonwealth waters are subject to Great Barrier Reef Marine Park Act (1975) and associated Great Barrier Reef Marine Park Regulations 1983 and zoning plans (Great Barrier Reef Marine Park Zoning Plan 2003). A Fish Habitat Area has been declared over Corio Bay waters and wetlands. This is administered under the Fisheries Act 1994. Cultural heritage matters are subject to the Queensland Heritage Act 1992 and the Aboriginal Cultural Heritage Act 2003. There is a registered native title claim over the area, subject to the Native Title Act 1993. The unallocated crown land is subject to the Land Act 1994. As land tenure has not been allocated for the unallocated crown land, ultimate management responsibility will be influenced by the outcome of the native title claim. Species of conservation significance are subject to the Nature Conservation Act 1992 and listed under Nature Conservation (Wildlife) Regulations 2006. Endangered and of concern regional ecosystems are described under the Vegetation Management Act 1999. The control of pest plants and animals is subject to the Land Protection (Pest and Stock Route Management) Act 2002. Access by Queensland Parks and Wildlife Service to Sandy Point is provided through the Queensland International Tourist Centre Agreement Act Repeal Act 1989. Public access is allowed by consent of Iwasaki Sangyo. The Livingstone Shire Council regulates public access via Farnborough Beach under Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2011. The portion is managed with reference to the Byfield Area Management Plan (2010) and the Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004.

Surrounding Land Tenure and Adjacent Land Use

The terrestrial margin of the Ramsar boundary in the Shoalwater Bay Regional Park portion is fringed by regional park and freehold lands.

The predominant landuse within these freehold lands is low impact rangeland grazing. The Shoalwater Bay portion of the Ramsar site is surrounded on the terrestrial margin by Commonwealth freehold tenure, State freehold lands, commercial forests and national park.  Adjacent land use is predominantly DoD activity and nature conservation management and nature-based recreation. Exotic plantation-based forestry abuts the southern boundary adjacent to Byfield National Park. There is a limited boundary with small rural and rural residential blocks on the western edge of Byfield.

Corio Bay is surrounded by national park (Byfield National Park) and freehold lands in the north, and freehold land, unallocated crown land and esplanade, as well as small portions of leased land, Departmental and Official Purposes reserve and unallocated crown land in the south. Adjacent land use in Byfield National Park is nature conservation management and nature-based recreation. Land use on adjacent freehold lands ranges from small acreage residential, mixed farming and grazing and medium-scale stock grazing, as well as tourism activities on the Capricorn Resort lands. Upstream waters are used for nature-based recreation. The Livingstone Shire Council has capacity to extract water for domestic supply at a point above the site. However this activity has the capacity to influence downstream conditions depending on the seasonal conditions and the volume of water being extracted.

The Livingstone Shire Council has the capacity to influence the nature/impact of neighbouring land usage through its zoning plans and local laws. This includes the capacity to regulate vehicle traffic on beaches as well as to constrain water pumping. The Capricorn Resort has bunded the wetlands feeding Fishing Creek (prior to the establishment of the Ramsar wetlands) and has the capacity to influence downstream water quality through its management of golf courses and upstream catchment waters. HQPlantations manages exotic timber plantations over much of the catchment of Stony Creek and Water Park Creek under a 99 year plantation licence; and has the capacity to influence the downstream environment through land management practices.

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