2000
2000
2002-12-01
act
publicspecial
act.reprint
allinforce
2002-11-29
act-2002-112
none
act-2000-113
1e453696-dcbb-45eb-b287-e5fe25d34847
a62c8f90-4224-4a0a-af63-e38d6e977a28
Note—
The Act was repealed by the Statute Law (Miscellaneous Provisions) Act (No 2)
2002 No 112, Sch 3 with effect from
29.11.2002.
An Act to amend the Marine
Parks Act 1997 with respect to the declaration of marine
parks and the carrying out of activities within marine parks; to amend the
Native Title (New South Wales) Act 1994
consequentially; and for other purposes.
1Name of
Act
This Act is the Marine Parks
Amendment Act 2000.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
3Amendment of Marine Parks Act 1997 No
64
The Marine Parks Act
1997 is amended as set out in Schedule
1.
4Amendment of Native Title (New South Wales) Act 1994 No
45
The Native Title (New
South Wales) Act 1994 is amended as set out in Schedule
2.
Schedule 1Amendment of Marine Parks Act
1997
(Section 3)
[1]Section 4
Definitions
Insert in alphabetical order:
Commonwealth Native Title Act means
the Native Title Act 1993 of the
Commonwealth.
native
title holder has the same meaning as it has in the
Commonwealth Native Title Act.
owner has the same meaning as in the
Local Government Act 1993, and includes
a native title holder.
registered native title body
corporate has the same meaning as it has in the Commonwealth
Native Title Act.
registered native title claimant has
the same meaning as it has in the Commonwealth Native Title
Act.
[2]Section
4
Omit the definition of marine park ranger. Insert
instead:
marine
park closure—see section 20A (2).
marine
park ranger—see section 35A
(1).
[3]Section 4
(2)
Insert at the end of section 4:
(2)
Notes in the text of this Act do not form part of
this Act.
[4]Section 6 Declaration of
marine parks
Omit section 6 (3) and (4). Insert
instead:
(3)
A proclamation must not be made under this
section:
(a)
in respect of an area of Crown lands above mean
high water mark without the consent of the Minister administering the Crown Lands Act 1989,
and
(b)
in respect of any area of land above mean high
water mark (whether or not Crown lands) without the consent of the owner of
the land.
(4)
A declaration under this section in relation to
an area is not affected by:
(a)
an existing interest in respect of land in the
area, or
(b)
a change of ownership of land in the
area.
(5)
Subject to this Act, a provision of this Act or
the regulations has effect in relation to an area of a marine park despite any
such existing interest or change of ownership, unless the provision otherwise
specifies.
[5]Section 9 Variation of area of
marine park
Insert after “, but may only vary a marine
park to remove an area if the relevant Ministers certify in writing that the
area is no longer required to be part of the marine park for the purpose of
attaining the objects of this Act” after “marine park” in
section 9 (1).
[6]Section 9
(3)
Insert after section 9 (2):
(3)
The provisions of section 6 (2)–(5) apply
to a variation of an area under this section that adds an area to a marine
park in the same way as those provisions apply to the declaration of an area
as a marine park.
[7]Section
14A
Insert after section 14:
14AConsent of
owners
If an owner of land whose consent is required
under section 6 or 9 to the making of a proclamation declaring an area to be a
marine park or adding an area to a marine park cannot, after diligent inquiry,
be found or identified, the proclamation may be made without the consent of
that owner.
[8]Part 3, Division 1,
heading
Insert before section 15:
Division 1Regulations for the
management, protection and conservation of marine
parks
[9]Section 16 Regulations
relating to zoning plans for marine parks
Insert “or such further period as the
relevant Ministers allow” after “notice” in section 16 (5)
(a).
[10]Section 16
(5)
Insert at the end of section 16 (5) (b):
, and
(c)
any submissions made by a person who is the
holder of an existing interest within the marine park within the period
specified for that purpose in the notice or such further period as the
relevant Ministers allow.
[11]Section
17A
Insert after section 17:
17AOffences against management
regulations
A person is guilty of an offence if the person
contravenes a provision of the regulations referred to in this Division, being
a contravention that is designated by the regulations as a serious
offence.
Maximum penalty: In the case of a corporation,
1,000 penalty units or, in any other case, 500 penalty
units.
[12]Part 3, Division 2,
heading
Insert before section 18:
Division 2Development and activities
within marine parks
[13]Section
19
Omit the section. Insert instead:
19Development within marine
park—application of EPA Act
(1)
Before determining a development application
under Part 4 of the Environmental Planning and Assessment
Act 1979 for the carrying out of development within a
marine park, a consent authority must:
(a)
take into consideration:
(i)
the objects of this Act specified in section 3,
and
(ii)
if a zoning plan for the marine park is contained
in the regulations as referred to in section 16, the objects of the zone
within which the area concerned is situated as specified in the zoning plan,
and
(iii)
the permissible uses of the area concerned under
the regulations, and
(b)
if the consent authority intends to grant consent
to the carrying out of the development, obtain the concurrence of the relevant
Ministers to the granting of the consent.
(2)
A Minister who is a determining authority must
not carry out, or grant approval to carry out, an activity (within the meaning
of Part 5 of the Environmental Planning and Assessment
Act 1979) within a marine park unless the Minister
has:
(a)
taken into consideration:
(i)
the objects of this Act specified in section 3,
and
(ii)
if a zoning plan for the marine park is contained
in the regulations as referred to in section 16, the objects of the zone
within which the area concerned is situated as specified in the zoning plan,
and
(iii)
the permissible uses of the area concerned under
the regulations, and
(b)
in the case of an activity for which an
environmental impact statement is required to be prepared under Division 3 of
that Part, consulted with the relevant Ministers on the carrying out of the
activity or the granting of approval.
(3)
A determining authority (not being a Minister)
must not carry out, or grant approval to carry out, an activity (within the
meaning of Part 5 of the Environmental Planning and Assessment
Act 1979) unless the determining authority has:
(a)
taken into consideration:
(i)
the objects of this Act specified in section 3,
and
(ii)
if a zoning plan for the marine park is contained
in the regulations as referred to in section 16, the objects of the zone
within which the area concerned is situated as specified in the zoning plan,
and
(iii)
the permissible uses of the area concerned under
the regulations, and
(b)
in the case of an activity for which an
environmental impact statement is required to be prepared under Division 3 of
that Part, obtained the concurrence of the relevant Ministers to the carrying
out of the activity or the granting of approval.
(4)
In deciding whether or not concurrence should be
granted under this section, the relevant Ministers must take into
consideration:
(a)
the objects of this Act specified in section 3,
and
(b)
if a zoning plan for the marine park is set out
in the regulations as referred to in section 16, the objects of the area
concerned specified in the zoning plan, and
(c)
the permissible uses of the area concerned under
the regulations.
(5)
The provisions of section 79B (8)–(11) of
the Environmental Planning and Assessment Act
1979, and the regulations under that Act, apply to and in
respect of a requirement under this section to obtain the concurrence of the
relevant Ministers in the same way as they apply to a requirement to obtain
concurrence imposed on a consent authority by an environmental planning
instrument under that Act.
(6)
For the purposes of applying those provisions, a
reference in those provisions to the matters stated pursuant to section 30 (3)
of the Environmental Planning and Assessment
Act 1979 (however expressed) is to be read as a reference
to the objects of this Act specified in section 3 and the permissible uses of
the area concerned under the regulations.
[14]Part 3
Insert after section 20:
Division 3Marine park
closures
20AProhibition of activities in
marine parks
(1)
The relevant Ministers may from time to time, by
notification, prohibit the carrying out of any specified activity (including
the taking of fish) in a marine park or part of a marine
park.
(2)
Any such prohibition is called a marine
park closure.
(3)
A marine park closure:
(a)
may apply absolutely or subject to conditions,
and
(b)
must specify the activities that are prohibited
and the area to which it applies, and
(c)
may only apply to the marine park specified in
the notification, and
(d)
has effect despite any provision of the
regulations.
20BPublication of notification of
marine park closure
(1)
The notification of a marine park closure is to
be published:
(a)
in the Gazette, and
(b)
in a newspaper circulating, or by radio or
television broadcast, in the area adjacent to the marine park to which the
closure applies, and
(c)
by causing a copy of the notification to be
exhibited in a prominent place or places adjacent to the marine park to which
the closure applies.
(2)
However, if the relevant Ministers consider that
the marine park closure is required urgently, they may publish the
notification in accordance with subsection (1) (b) or (c) so long as they
publish the notification in the Gazette as soon as
practicable.
20CGeneral provisions relating to
marine park closures
(1)
A marine park closure takes effect on the first
publication of the notification or on a later date specified in the
notification.
(2)
A marine park closure remains in force, subject
to this Act, for the period (not exceeding 5 years) specified in the
notification, but may be remade (with or without modification) by a further
notification in accordance with this Division.
20DAmendment or revocation of
closures
The relevant Ministers may from time to time
amend or revoke a marine park closure by a further notification published in
accordance with this Division.
20EGeneral provisions relating to
closures
Sections 42, 43 and 45 of the Interpretation Act 1987 apply to
notifications of marine park closures in the same way as they apply to
statutory rules within the meaning of that Act.
Note—
The above provisions of the Interpretation Act 1987 relate to
standard provisions authorising the adoption of other publications by
reference, the making of differential closures, the amendment or repeal of
closures and judicial notice and presumptions as to validity for
closures.
20FRegulations relating to
closures
The regulations may make provision for or with
respect to giving effect to marine park closures or to any other matter
relating to marine park closures.
20GOffence
provisions
(1)
A person who carries out any activity in
contravention of a marine park closure is guilty of an offence.
Maximum penalty: In the case of a corporation,
1,000 penalty units or, in any other case, 200 penalty units or imprisonment
for 6 months, or both.
(2)
A person who is in possession of any animal,
plant, rock, sand or other thing that has been taken in contravention of a
marine park closure is guilty of an offence.
Maximum penalty: In the case of a corporation,
500 penalty units or, in any other case, 100 penalty units or imprisonment for
3 months, or both.
(3)
It is a defence to a prosecution for an offence
under subsection (2) if the person charged satisfies the court that the person
did not know and could not reasonably have known that the animal, plant, rock,
sand or other thing had been taken in contravention of a provision of or made
under this Act.
Division 4Miscellaneous
20HRemoval of wrecked vessels and
other property from marine parks
(1)
In this section, unused
property means:
(a)
any sunken or wrecked vessel,
or
(b)
any abandoned property, or
(c)
anything unlawfully erected or
placed.
(2)
The Authority may, by notice in writing, direct
the owner of or person responsible for any unused property in a marine park to
remove the property within such time as is specified in the notice. Any such
owner or person who fails, without reasonable excuse, to comply with the
direction is guilty of an offence.
Maximum penalty: In the case of a corporation,
500 penalty units or, in any other case, 100 penalty units or imprisonment for
3 months, or both.
(3)
The Authority may remove, or authorise the
removal of, any unused property in such manner as the Authority thinks fit
(whether or not the Authority has issued a direction for its removal under
this section). The unused property may be removed by its destruction if it is
reasonable to do so in the circumstances.
(4)
The Authority may, subject to and in accordance
with the regulations, dispose of anything removed under this
section.
(5)
The Authority may recover as a debt in a court of
competent jurisdiction the reasonable costs and expenses incurred by the
Authority in the exercise of the Authority’s powers under this section
from the owner of or person responsible for the unused
property.
(6)
Except in the case of an emergency, the Authority
must not give a direction for the removal of any unused property, or remove or
authorise the removal of any unused property, that the Authority is of the
opinion is likely to have significant cultural or ecological value unless the
Authority:
(a)
has made an assessment of that cultural or
ecological value, and
(b)
has forwarded a copy of that assessment to the
relevant advisory committee at least 4 weeks before giving the direction or
removing or authorising the removal of the unused
property.
[15]Section 25 Adoption of
operational plan for marine park
Insert “or such further period as the
relevant Ministers allow” after “subsection (4)” in section
25 (6) (a).
[16]Section 25
(6)
Insert at the end of section 25 (6) (b):
and
(c)
any comments made by persons who are the holders
of existing interests within the marine park within the period specified for
that purpose in the notice referred to in subsection (4) or such further
period as the relevant Ministers allow,
[17]Section 25
(8)
Insert after section 25 (7):
(8)
The relevant Ministers are to ensure that an
operational plan for a marine park is adopted as soon as practicable and, in
any event, within 12 months after the making of the first regulation that sets
out a zoning plan for the marine park (as referred to in section 16). However,
the operational plan is not invalid merely because it was adopted after that
12-month period.
[18]Sections
26A–26C
Insert after section 26:
26AAnnual review of operational
plan for marine park
(1)
The advisory committee for a marine park may
review the operational plan for the marine park every 12 months to determine
whether or not the plan is effective and is being satisfactorily
implemented.
(2)
The advisory committee must forward a report on
the outcome of the review to the relevant Ministers, the Authority and the
Advisory Council as soon as practicable after its
completion.
(3)
The report is to include any recommendations of
the advisory committee as to how the operational plan could be made more
effective or could be better implemented.
26BReview of operational plan for
marine park
(1)
The Authority is to commence to conduct a review
of the operational plan for each marine park before the expiration of the
period of 5 years after the adoption of the operational
plan.
(2)
If the Authority considers that significant
changes have been made to the zoning plan for a marine park (as referred to in
section 16), the Authority is to commence to conduct a review of the
operational plan for the marine park as soon as practicable after the making
of the regulation containing those changes.
(3)
The Authority is to cause public notice to be
given of a proposed review under this section.
(4)
The notice is:
(a)
to invite submissions to be made within the
period specified in the notice (being a period of not less than 3 months after
the date of the notice), and
(b)
to specify the address to which such submissions
are to be forwarded.
(5)
In conducting the review, the Authority is to
consider any submissions made within the period specified for that purpose in
the notice or such further period as the Authority
allows.
(6)
The Authority must forward a report on the
outcome of the review to the relevant Ministers, the Advisory Council and the
relevant advisory committee within 3 months after the expiration of the period
allowed under this section for the making of submissions in respect of the
review.
26CPreparation of new operational
plan for marine park following review
(1)
On the completion of a review under section 26B
of an operational plan for a marine park, the Authority is to cause a new
operational plan to be prepared for the marine park.
(2)
The provisions of this Part (section 23 excepted)
apply to an operational plan required to be prepared under this section in the
same way as those provisions apply to an operational plan required to be
prepared under section 23.
(3)
However, an operational plan for a marine park
required to be prepared under this section must be referred to the Advisory
Council and the advisory committee for the marine park within 3 months after
the report is forwarded as referred to in section 26B
(6).
(4)
An operational plan for a marine park required to
be prepared under this section is not invalid merely because the relevant
report is forwarded after the 3-month period referred to in section 26B (6) or
the operational plan is referred to the Advisory Council or the advisory
committee for the marine park after the 3-month period referred to in
subsection (3).
(5)
On the adoption of an operational plan for a
marine park required to be prepared under this section the previous
operational plan for the marine park is revoked.
[19]Section 29 Establishment of
Marine Parks Authority
Insert after section 29 (2):
(2A)
The Authority is subject to the control and
direction of the relevant Ministers in the exercise of its
functions.
[20]Section 32 Establishment of
Marine Parks Advisory Council
Omit “at least one being an expert in
marine conservation” from section 32 (2) (b).
Insert instead “one being an expert in
marine conservation and one being nominated by a peak group or body generally
recognised for its interest in conservation, as provided for in the
regulations”.
[21]Section 32
(3)
Omit “subsection (2)
(a)”.
Insert instead “the position referred to in
subsection (2) (a) and the position for which a person is required to be
nominated in accordance with subsection (2) (b)”.
[22]Section 35 Marine parks
advisory committees
Omit “Authority” in section 35 (1).
Insert instead “relevant Ministers”.
[23]Section 35
(2)
Insert “, marine science” after
“marine conservation”.
[24]Section 35
(3)
Omit “Authority is” from section 35
(3).
Insert instead “relevant Ministers
are”.
[25]Section 35 (4) and
(4A)
Omit section 35 (4). Insert instead:
(4)
An advisory committee has such functions as are
conferred on it by or under this or any other Act.
(4A)
The principal function of an advisory committee
is to advise the relevant Ministers and the Authority on the management of
each marine park for which the advisory committee was established and, in
particular, on the following matters:
(a)
the appropriate classification of areas within
the marine park for the purposes of proposed zoning plans (as referred to in
section 16) and associated provisions to be included in the
regulations,
(b)
the provisions of an operational plan for the
marine park,
(c)
the conservation of marine biological diversity
within the marine park,
(d)
the ecologically sustainable use of the marine
park and whether any particular use of the marine park is not ecologically
sustainable,
(e)
the use and enjoyment of the marine park by
members of the public.
[26]Section
35A
Insert before section 36:
35AMarine park
rangers
(1)
For the purposes of this Act, a marine
park ranger means:
(a)
a person appointed as a marine park ranger in
accordance with this section, or
(b)
a police officer.
(2)
The relevant Ministers may appoint any of the
following persons as a marine park ranger for the purposes of this Act:
(a)
an officer of the National Parks and Wildlife
Service referred to in section 6 of the National Parks
and Wildlife Act 1974,
(b)
a fisheries officer within the meaning of the
Fisheries Management Act
1994,
(c)
an officer or employee of a government Department
or a public or local authority.
(3)
The relevant Ministers are not to appoint as a
marine park ranger a person who is:
(a)
an officer or employee of a local council without
first obtaining the consent of the general manager of the council to the
appointment, or
(b)
an officer or employee of any other public or
local authority without first obtaining the consent of the employer of the
person to the appointment.
[27]Section 39 Proceedings for
offences
Omit “$10,000” from section 39 (2).
Insert instead “$20,000”.
[28]Section 42 Marine Parks
Fund
Insert at the end of section 42 (1) (b):
, and
(c)
any gift or bequest of money made for payment
into the Fund.
[29]Section
43A
Insert after section 43:
43ADelegations
(1)
The relevant Ministers may delegate a function
conferred by or under this Act on the relevant Ministers (other than the power
of delegation conferred by this subsection) to the
Authority.
(2)
The Authority may delegate the exercise of any of
its functions (other than this power of delegation) to any person, except as
provided by subsection (3).
(3)
The Authority may delegate any of the functions
delegated to it under this section by the relevant Ministers, but only to the
extent authorised by the relevant Ministers.
[30]Sections
44A–44C
Insert after section 44:
44AService of documents
generally
A document that is authorised or required by this
Act or the regulations to be served on any person may be served by:
(a)
in the case of a natural person:
(i)
delivering it to the person personally,
or
(ii)
sending it by post to the address specified by
the person for the giving or service of documents or, if no such address is
specified, the residential or business address of the person last known to the
person giving or serving the document, or
(iii)
sending it by facsimile transmission to the
facsimile number of the person, or
(b)
in the case of a body corporate:
(i)
leaving it with a person apparently of or above
the age of 16 years at, or by sending it by post to, the head office, a
registered office or a principal office of the body corporate or to an address
specified by the body corporate for the giving or service of documents,
or
(ii)
sending it by facsimile transmission to the
facsimile number of the body corporate.
44BService of documents on native
title holders
(1)
If a document is authorised or required by this
Act or the regulations to be served on a person who is a native title holder
in relation to an area, service of the document is taken to be effected in
accordance with section 44A if the document is served on a registered native
title body corporate in relation to the area.
(2)
If no approved determination of native title
(within the meaning of the Commonwealth Native Title Act) exists in relation
to the area concerned, a document authorised or required by this Act or the
regulations to be served on a person who is a native title holder who cannot
be identified may be served on any such person by serving it, in a manner
authorised by section 44A on:
(a)
any representative Aboriginal/Torres Strait
Islander bodies for an area that includes the area concerned,
and
(b)
any registered native title claimants in relation
to the area concerned.
44CMeaning of “diligent
inquiry”
(1)
For the purposes of section 14A, a diligent
inquiry to identify a person is the taking of the following
actions:
(a)
the searching of the following registers:
(i)
the Register kept under the Real
Property Act 1900, and
(ii)
the General Register of Deeds kept under the
Conveyancing Act 1919,
and
(iii)
the National Native Title Register kept under the
Commonwealth Native Title Act,
(b)
placing, on a board or other structure in a
conspicuous place on the land concerned, a notice:
(i)
stating that it is intended to declare the land
as part of a marine park, and
(ii)
inviting the owner of the land to contact the
Authority at a specified address,
(c)
publishing a notice referred to in paragraph (b)
in a newspaper circulating in the vicinity of the land concerned and in a
newspaper circulating generally in New South Wales.
(2)
For the purposes of section 14A, a person who is
a native title holder is taken to have been unable, after diligent inquiry, to
be found or identified if:
(a)
notice of the proposed proclamation is served by
the relevant Ministers in accordance with section 44B, and
(b)
at the expiration of the period of 4 months
commencing on service of the notice, the person is neither a registered native
title claimant nor a registered native title body corporate in relation to the
land concerned.
[31]Section 45 Native title rights
and interests
Omit the section.
[32]Schedule 3 Savings,
transitional and other provisions
Insert before clause 1 of Schedule 3:
Part 1Preliminary
[33]Schedule 3, clause 1
(1)
Insert at the end of clause 1 (1):
Marine Parks
Amendment Act 2000
[34]Schedule
3
Insert before clause 2:
Part 2Provisions consequent on
enactment of this Act
[35]Schedule 3, clause
2
Omit the clause. Insert instead:
2Regulations relating to
aquatic reserves
(1)
If an aquatic reserve under the Fisheries Management Act 1994 is revoked
by a declaration of a marine park under this Act, the provisions of the
regulations under Division 2 of Part 7 of that Act relating to the aquatic
reserve (as in force on the declaration of the marine park) continue to have
effect in relation to the marine park and are taken to be regulations under
this Act and may be amended or repealed accordingly.
(2)
Despite subclause (1), on the commencement of
this clause, provisions the same as the provisions of Parts 1 and 9 of the
Fisheries Management (Aquatic
Reserves) Regulation 1995 (as in force immediately before
1 September 2000) are taken to form a regulation that may be cited as the
Marine Parks (Solitary Islands)
Regulation 2000.
(3)
The Marine Parks
(Solitary Islands) Regulation 2000 is taken to be a
regulation made under this Act and may be amended or repealed
accordingly.
(4)
Part 2 of the Subordinate
Legislation Act 1989 does not apply to a regulation taken
to have been made under this Act by the operation of this
clause.
(5)
For the purposes of section 10 of the Subordinate Legislation Act 1989:
(a)
a regulation taken to have been made under this
Act by the operation of subclause (1) is taken to have been published on the
revocation of the relevant declaration referred to in that subclause,
and
(b)
the regulation referred to in subclause (3) is
taken to have been published on the date of commencement of this
clause.
(6)
Sections 39, 40 and 41 of the Interpretation Act 1987 do not apply to
a regulation taken to have been made by the operation of this
clause.
(7)
In any regulation taken to have been made under
this Act by the operation of this clause:
(a)
a reference to the relevant aquatic reserve is
taken to be a reference to a marine park, and
(b)
a reference to the Director of NSW Fisheries is
taken to be a reference to the Authority.
(8)
A defence under section 36 or 37 of the Fisheries Management Act 1994 applies to
an offence against a regulation referred to in subclause
(4).
[36]Schedule 3, Part
3
Insert after clause 2:
Part 3Provisions consequent on
enactment of Marine Parks Amendment Act
2000
3Declaration of certain marine
parks
(1)
The declarations of the Jervis Bay Marine Park
and the Solitary Islands Marine Park published in the Gazette on 2 January
1998 and Lord Howe Island Marine Park published in the Gazette on 26 February
1999:
(a)
are taken to have been validly proclaimed in
accordance with the provisions of Part 2 as in force at the time each of those
proclamations was made, and
(b)
are revoked on the commencement of this
clause.
(2)
On the commencement of this clause:
(a)
the areas described in Part 1 of Schedule 4 are
declared to be a marine park to be known as “Jervis Bay Marine
Park”, and
(b)
the areas described in Part 2 of Schedule 4 are
declared to be a marine park to be known as “Solitary Islands Marine
Park”, and
(c)
the areas described in Part 3 of Schedule 4 are
declared to be a marine park to be known as “Lord Howe Island Marine
Park”.
(3)
The declaration of an area to be a marine park by
the operation of subclause (2) is taken to be a declaration made in accordance
with section 6 and may be revoked or varied in accordance with this
Act.
(4)
In Schedule 4:
Lord Howe
Island has the same meaning as Island in section 3 (1) of the
Lord Howe Island Act
1953.
tidal
lands means any area of land that is covered from time to
time by tidal waters, and that is above the lowest astronomical tide
level.
tidal
limit means to the limit of tidal influence at mean high
water mark.
tidal
waters means any area of waters of the sea or subject to
tidal influence.
(5)
Latitudes and longitudes referred to in Schedule
4 are latitudes and longitudes determined by reference to the Australian
Geodetic Datum 1966 (AGD66).
4Advisory
committees
(1)
An advisory committee established by the
Authority under section 35 and in existence immediately before the
commencement of Schedule 1 [15] to the Marine Parks
Amendment Act 2000 is taken on that commencement to have
been established under that section by the relevant
Ministers.
(2)
A person holding office as chairperson of an
advisory committee under section 35 immediately before the commencement of
Schedule 1 [17] to the Marine Parks Amendment Act
2000 is taken on that commencement to have been appointed
as chairperson by the relevant Ministers.
5Marine park
rangers
A person who, immediately before the commencement
of section 35A, was authorised under paragraph (a) or (b) of the definition of
marine
park ranger in section 4 (as in force immediately before the
commencement of Schedule 1 [2] to the Marine Parks
Amendment Act 2000) to be a marine park ranger is taken to
have been appointed by the relevant Ministers as a marine park ranger under
section 35A.
[37]Schedule
4
Insert after Schedule 3:
Schedule 4Declaration of marine
parks
(Schedule 3, clause
3)
Part 1Jervis Bay Marine
Park
All Crown lands beneath tidal and coastal waters
including Jervis Bay and its tidal tributaries to mean high water mark, within
the area set out below, together with the waters within that area but not
including any area within Booderee National Park as proclaimed under the
National Parks and Wildlife Conservation Act
1975 of the Commonwealth:
(a)
commencing at a point at mean high water mark at
the most northerly point of Kinghorn Point reef on Warrain Beach
(34°57′54″S,
150°46′42″E),
(b)
then due east to a position at
34°57′54″S, 150°47′12″E being 500 metres
seaward of the territorial sea baseline (declared under section 7 of the
Seas
and Submerged Lands Act 1973 of the Commonwealth in the
Commonwealth of Australia Gazette S29 of 9 February 1983) at the most
northerly point of Kinghorn Point reef on Warrain Beach,
(c)
then generally in a south-easterly direction to a
position at 34°59′36″S, 150°50′30″E being
1500 metres due north of the most northerly point at Little Beecroft
Head,
(d)
then generally in a south-easterly direction to a
position at 35°00′54″S, 150°52′00″E being a
point 1500 metres due east of the most easterly point at the territorial sea
baseline of Beecroft Head,
(e)
then generally in a southerly direction to a
position at 35°04′36″S, 150°51′00″E being a
point 1500 metres due east of the most easterly point at the territorial sea
baseline of Crocodile Head,
(f)
then generally in a south-westerly direction to a
position at 35°06′36″S, 150°48′18″E being a
point 1500 metres due south of the most southerly point at the territorial sea
baseline of Point Perpendicular,
(g)
then generally in a southerly direction to a
position at 35°10′18″S, 150°46′18″E being a
point 1500 metres due east of the most easterly point at the territorial sea
baseline of Cape St George,
(h)
then generally in a south-westerly direction to a
position at 35°12′54″S, 150°41′42″E being a
point 1500 metres due south of the most southerly point at the territorial sea
baseline of St Georges Head,
(i)
then generally in a south-westerly direction to a
position at 35°11′6″S, 150°35′42″E being a
point at mean high water mark of the most southerly point of Bherwerre
Beach,
(j)
then generally north along the coast at mean high
water mark of Bherwerre Beach, Bherwerre Peninsula and all its tidal
tributaries, Bowen Island, Jervis Bay and all its tidal tributaries, Beecroft
Peninsula and all its tidal tributaries, Currarong Beach, and Kinghorn Point
reef, to the point of commencement described in paragraph (a)
above.
Part 2Solitary Islands Marine
Park
All Crown lands beneath tidal and coastal waters
to mean high water mark, within the area set out below, together with the
waters within that area:
(a)
commencing at a point at mean high water mark at
the most easterly point of Plover Island (29°40′24″S,
153°19′49″E),
(b)
then along a line drawn along latitude
29°40′24″S, to a point 3 nautical miles due east of the
territorial sea baseline (declared under section 7 of the Seas and Submerged Lands
Act 1973 of the Commonwealth in the Commonwealth of
Australia Gazette S29 of 9 February 1983),
(c)
then generally in a southerly direction,
including all coastal waters within 3 nautical miles of the territorial sea
baseline of the coast, and within 3 nautical miles of the territorial sea
baseline of North West Rock, North Solitary Island, North Rock, North West
Solitary Island, South West Solitary Island, South Solitary Island and Split
Solitary Island, to a point 3 nautical miles due east of the territorial sea
baseline at the eastern most point of Muttonbird Island,
(d)
then along a line drawn along latitude
30°18′25″S, to a point at mean high water mark of the eastern
most point of Muttonbird Island (30°18′25″S,
153°9′12″E),
(e)
then generally in a northerly direction along the
coast at mean high water mark, including all rivers, estuaries, bays, lagoons
and inlets upstream to their tidal limit, and tidal lands, including Plover
Island, to the point of commencement described in paragraph (a)
above.
Part 3Lord Howe Island Marine
Park
All Crown lands beneath tidal and coastal waters
surrounding Lord Howe Island to mean high water mark, together with those
waters.
Schedule 2Amendment of Native Title (New South Wales) Act
1994
(Section 4)
[1]Section 104A Saving of native
title rights and interests with respect to national parks and other
reservations or dedications or declarations
Insert the following paragraph (appropriately
lettered) at the end of section 104A (1):
()
a proclamation under the Marine
Parks Act 1997 that declares an area of land or waters to
be a marine park or part of a marine park (including a provision of an Act
that is taken to operate as such a
proclamation).
[2]Section 104A
(3)
Insert “, the Marine
Parks Act 1997” after “the Wilderness Act
1987”.
Historical
notes
Table of amending
instruments
Marine Parks
Amendment Act 2000 No 113. Assented to 20.12.2000. Date of
commencement, 2.3.2001, sec 2 and GG No 46 of 2.3.2001, p 1079. The
proclamation appointed 1.3.2001 as the date of commencement. Pursuant to
section 23 (5) of the Interpretation Act
1987, the proclamation does not fail merely because it was
not published in the Gazette until after the day appointed in the
proclamation, but section 23 (5) provides, in that event, for the Act to
commence on the day on which the proclamation was published in the
Gazette.