Magnetic Island North Queensland
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A young koala's beach adventure

December 19th 2007
GBRMPA responds

Magnetic Times received the following communication from the Great Barrier Reef Marine Park Authority just after sending out the previous story titled, 'Red Baron case reveals "dangerous precedent"'. It is reproduced in full and follows.

"The result of the hearing in the Administrative Appeals Tribunal ("the AAT") was that the AAT affirmed the decision made by GBRMPA to grant permission to Far North Queensland Airwork Pty Ltd (Red Baron Seaplanes) to conduct a tourist program and an aircraft charter program around Magnetic Island and in other permitted areas.

GBRMPA responds
December 20th 2007
How can it continue to be this bit of water is GBRMPA and the next bit QPWS. Users can wonder! Why would anyone want to invest in ANY ACTIVITY in Queensland
December 21st 2007
It's all very well for GBRMPA to say that everything will proceed as it did before. There is something basically wrong with the current and continuing arrangement whereby permits and other consents relating to activities in the areas of overlapping jurisdiction in the bays of Magnetic Island (eg. boat moorings in Horseshoe Bay, Florence Bay and elsewhere, potential aquaculture projects on the west side and elsewhere, marine tour activities like kayaking, sailing, jetskiing etc.) can be subject to the whims of GBRMPA when it comes to a legal challenge. By some sort of default mechanism which I don't understand, the judicial review process undertaken by the AAT and only available in the AAT because there is no equivalent State process for review of these 'joint' permits, can be neutered inside the courtroom by the GBRMPA simply changing its mind. As soon as GBRMPA says the matter is out of its jurisdiction the matter is also out of the AAT's jurisdiction. That can't be right. If that is how it has turned out to be then the law is being made an ass of by the legislation - if you get my drift.
If there is a constitutional lawyer out there somewhere would they care to comment on how an appellent can keep their case in court (some court or other!) without the bureaucracy opting out and taking the court's jurisdiction with them.

What do you think? Send us your comments.

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