Part 1 Preliminary
1 Name of Regulation
This Regulation is the Marine Parks Regulation 1999.
2 Commencement
This Regulation commences on 1 March 1999.
3 Definitions
In this Regulation:aquaculture has the same meaning as in section 142 of the Fisheries Management Act 1994.clean a fish includes to remove or discard part of a fish.commercial fisher has the same meaning as in the Fisheries Management Act 1994.commercial fishing means taking, or attempting to take, fish for sale.domesticated animal includes a pet.exotic animal, in relation to a marine park, means any living animal that is not indigenous to the marine park.exotic plant, in relation to a marine park, means any plant (whether or not living) that is not indigenous to the marine park, but does not include food for human consumption.fish has the same meaning as in section 5 of the Fisheries Management Act 1994.Note—Under the Fisheries Management Act 1994, fish means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead), including oysters and other aquatic molluscs, crustaceans, echinoderms, beachworms and other aquatic polychaetes.general use zone means an area in a marine park that is classified by the zoning plan for the marine park as a general use zone.habitat means any area occupied, or periodically or occasionally occupied, by animals or plants (or both), and includes any biotic or abiotic component.habitat protection zone means an area in a marine park that is classified by the zoning plan for the marine park as a habitat protection zone.harm means:(a) in the case of any animal—take, interfere with, injure or otherwise harm the animal, or(b) in the case of a plant—gather, cut, pull up, destroy, poison, dig up, remove, injure or otherwise harm the plant (or any part of it).moor a vessel includes attach the vessel to a mooring by any means.mooring means any post, stake, pile, float, pontoon or any other object (other than a vessel’s anchor that is retrieved by the vessel when not in use) secured by any direct or indirect means to the waters’ bed for the purpose of attaching a vessel to the bed.permit means a permit under Part 3A.personal watercraft means a power-driven vessel that:(a) has a fully enclosed hull, and(b) does not retain water taken on if it capsizes, and(c) is designed to be operated by a person standing, sitting astride or kneeling on the vessel but not seated within the vessel.recreational fishing means taking, or attempting to take, fish otherwise than for sale.sanctuary zone means an area in a marine park that is classified by the zoning plan for the marine park as a sanctuary zone.special purpose zone means an area in a marine park that is classified by the zoning plan for the marine park as a special purpose zone.take an animal includes:(a) catch, capture or kill an animal, or(b) gather or collect an animal, or(c) remove an animal from any rock or other matter.the Act means the Marine Parks Act 1997.zoning plan means a zoning plan for a marine park, as set out in Schedule 1.Note—Certain words and terms used in this Regulation are defined in the Act and accordingly have the same meaning as in the Act. These include the following:animal means any animal-life (other than human), whether vertebrate or invertebrate and in any stage of biological development, and includes a dead animal.plant means any plant-life, whether vascular or non-vascular and in any stage of biological development, and includes fungi, lichens and dead plants.cl 3: Am 31.7.2002; 26.11.2004.
3A Regulation applies subject to other legislation
(1) This Regulation has effect subject to section 22 of the Act.Note—Section 22 of the Act provides that any requirements made by or under Part 3 of the Act are in addition to any requirement in any other Act or statutory instrument, such as requirements under the Fisheries Management Act 1994 and the National Parks and Wildlife Act 1974.(2) Nothing in this Regulation is to be construed as authorising the harming of any particular species of plant or fish, or the harming of any plants or fish by a particular method, in contravention of the Fisheries Management Act 1994, the National Parks and Wildlife Act 1974 or statutory instruments made under those Acts.(3) In addition, nothing in this Regulation is to be construed as authorising the carrying out of any activity in contravention of a marine park closure under section 20A of the Act.cll 3A: Ins 31.7.2002.
3B Reference to relevant Ministers
(1) In this Regulation, a reference to the relevant Ministers is a reference to the Minister administering the National Parks and Wildlife Act 1974 and the Minister administering the Fisheries Management Act 1994.(2) If a provision of this Regulation requires or authorises the relevant Ministers to take any action or decide any matter, the provision is taken only to require or authorise the relevant Ministers to take the action jointly or decide the matter jointly.cll 3B: Ins 31.7.2002.
4 Notes
The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.
Part 2 Marine park zones
Note—
In addition to the provisions set out in this Regulation, Division 2 of Part 3 of the Act also provides for the regulation of development and activities in a marine park. Those provisions apply in respect of development or activities that are subject to Part 4 or 5 of the Environmental Planning and Assessment Act 1979. The provisions require the objects and permissible uses of a zone to be taken into consideration before any development application for the carrying out of development in a marine park is determined under Part 4 of that Act or any activity under Part 5 of that Act is carried out or approved. They also require consultation with or the concurrence of the relevant Ministers.
pt 2, note: Ins 31.7.2002.
Division 1 Zones in marine parks
5 Zoning plans
(1) Schedule 1 sets out the zoning plan for each marine park specified in that Schedule.(2) A zoning plan for a marine park may include any number of sanctuary, habitat protection, general use and special purpose zones.Note—Section 16 of the Act provides that the regulations may make provision for or with respect to classifying areas within a marine park for different uses by means of zoning plans set out in the regulations. At the commencement of this Regulation, Schedule 1 will not contain any zoning plans.
Division 2 Sanctuary zone
6 Objects of sanctuary zone
The objects of the sanctuary zone are:(a) to provide the highest level of protection for biological diversity, habitat, ecological processes, natural features and cultural features (both Aboriginal and non-Aboriginal) in the zone, and(b) where consistent with paragraph (a), to provide opportunities for the following activities in the zone:(i) recreational, educational and other activities that do not involve harming any animal or plant or causing any damage to or interference with natural or cultural features or any habitat,(ii) scientific research.
7 Protection of animals, plants and habitat in sanctuary zone
(1) A person must not, while in the sanctuary zone of a marine park:(a) harm, or attempt to harm, any animal, or(b) harm, or attempt to harm, any plant, or(c) damage, take or interfere with, or attempt to damage, take or interfere with, any part of the habitat (including soil, sand, shells or other material occurring naturally within the zone), orexcept with the consent of the relevant Ministers.(d) clean any fish or fishing gear,(2) Consent is only to be given under subclause (1) for research, environmental protection, public health or public safety purposes.(3) For the purposes of section 17A of the Act, a contravention of subclause (1) is designated as a serious offence.cl 7: Am 31.7.2002; 1.10.2002; 26.11.2004.
8 Aquaculture not permitted in sanctuary zone
Aquaculture is not permissible in the sanctuary zone of a marine park.Note—Section 12 (2) of the Act provides that an aquaculture lease applying to any area within a marine park must not be extended or renewed (except as provided for by section 12 (3) of the Act), unless the regulations provide that aquaculture is permissible in the relevant area.
8A Dredging and beach replenishment activities not permitted in sanctuary zone
(1) A person must not carry out any dredging activity or beach replenishment activity in the sanctuary zone of a marine park.Maximum penalty: 100 penalty units.(2) A person does not commit an offence against this clause if the dredging activity or beach replenishment activity is carried out with the consent of the relevant Ministers.(3) Consent is not to be given to the carrying out of a dredging activity or beach replenishment activity in the sanctuary zone of a marine park unless the relevant Ministers are satisfied that the activity is necessary to prevent a serious risk of injury to a person, damage to property or harm to the environment.(4) Subclause (3) does not prevent the relevant Ministers from consenting to any dredging activity being carried out as part of an organised research activity.(5) In this clause:beach replenishment activity means the excavation of or extraction of sand or other material for the purpose of replenishing a beach.dredging activity means any activity that involves the excavation of land submerged (whether permanently or intermittently) by water.cl 8A: Ins 31.7.2002. Am 1.10.2002.
9 Vessels to be anchored or moored only at designated sites
(1) A person must not, while in the sanctuary zone of a marine park, anchor or moor a vessel except in an area, or at a mooring, (if any) designated for that purpose by the relevant Ministers or by the relevant zoning plan.Maximum penalty: 100 penalty units.(2) Despite subclause (1), a person may anchor or moor a vessel in an area or at a mooring that has not been designated by the relevant Ministers for that purpose in an emergency, where the action is necessary to protect life or property.cl 9: Am 31.7.2002; 26.11.2004.
9A Fishing not permitted from certain moorings
A person must not fish, or attempt to fish, from a mooring in the sanctuary zone of a marine park, being a mooring provided by or on behalf of the Authority.Maximum penalty: 100 penalty units.cl 9A: Ins 26.11.2004.
Division 3 Habitat protection zone
10 Objects of habitat protection zone
The objects of the habitat protection zone are:(a) to provide a high level of protection for biological diversity, habitat, ecological processes, natural features and cultural features (both Aboriginal and non-Aboriginal) in the zone, and(b) where consistent with paragraph (a), to provide opportunities for recreational and commercial activities (including fishing), scientific research, educational activities and other activities, so long as they are ecologically sustainable, do not have a significant impact on fish populations within the zone and have a negligible impact on other animals, plants and habitat.
11 Protection of animals, plants and habitat in habitat protection zone
(1) A person must not, while in the habitat protection zone of a marine park:(a) harm, or attempt to harm, any animal (other than fish), or(b) harm, or attempt to harm, any plant, orexcept with the consent of the relevant Ministers.(c) damage, take or interfere with, or attempt to damage, take or interfere with, any part of the habitat (including soil, sand, shells or other material occurring naturally within the zone),Maximum penalty: 100 penalty units.(2) Consent is only to be given under subclause (1) for research, environmental protection, public health or public safety purposes.cll 11: Am 31.7.2002; 1.10.2002.
12 Limited fishing activities in habitat protection zone
(1) Each of the following fishing activities is permitted in the habitat protection zone of a marine park:(a) the taking of fish by use of a hook and hand held line,(b) the taking of fish by hand,(c) the taking of fish by use of a scoop net or landing net,(d) the taking of fish by use of a spear or spear gun,(e) the taking of fish by any other method permitted by the zoning plan for the marine park.(2) A person must not, while in the habitat protection zone of a marine park:(a) take or attempt to take any fish unless the person is engaging in a permitted fishing activity (as referred to in subclause (1)), or(b) take or attempt to take any fish in contravention of the zoning plan for the marine park.Maximum penalty: 100 penalty units.(3) A person does not commit an offence against this clause for anything done with the consent of the relevant Ministers.(3AA) Consent is only to be given under subclause (3) for research, environmental protection, public health or public safety purposes.(3A) This clause does not apply to aquaculture.(4) In this clause:hand held line means a hand line or rod and line.landing net has the same meaning as in the Fisheries Management (General) Regulation 1995.scoop net means a net referred to as a dip or scoop net (prawns) in the Fisheries Management (General) Regulation 1995.Note—The Fisheries Management Act 1994 and the regulations under that Act also set out specific requirements relating to the methods of fishing referred to in subclause (1).cll 12: Am 31.7.2002; 1.10.2002.
13 Aquaculture
(1) Aquaculture is permissible in the habitat protection zone of a marine park, but only with the consent of the relevant Ministers.(2) This clause is subject to the provisions of the zoning plan for a marine park.Note—The Fisheries Management Act 1994 regulates the conduct of aquaculture. In particular, it prohibits a person from undertaking aquaculture except under the authority of a permit issued under that Act and in accordance with the conditions of that permit.cl 13: Subst 31.7.2002.
Division 4 General use zone
14 Objects of general use zone
The objects of the general use zone are:(a) to provide protection for biological diversity, habitat, ecological processes, natural features and cultural features (both Aboriginal and non-Aboriginal) in the zone, and(b) where consistent with paragraph (a), to provide opportunities for recreational and commercial activities (including fishing), scientific research, educational activities and other activities so long as they are ecologically sustainable.
15 Protection of animals, plants and habitat in general use zone
(1) A person must not, while in the general use zone of a marine park:(a) harm, or attempt to harm, any animal (other than fish), or(b) harm, or attempt to harm, any plant, orexcept with the consent of the relevant Ministers.(c) damage, take or interfere with, or attempt to damage, take or interfere with, any part of the habitat (including soil, sand, shells or other material occurring naturally within the zone),Maximum penalty: 100 penalty units.(2) Consent is only to be given under subclause (1) for research, environmental protection, public health or public safety purposes.cll 15: Am 31.7.2002; 1.10.2002.
16 Limited fishing activities in general use zone
(1) Fishing is permitted in the general use zone of a marine park, but only in accordance with the zoning plan for the marine park.(2) A person must not, while in the general use zone of a marine park, take, or attempt to take, any fish in contravention of the zoning plan for the marine park.Maximum penalty: 100 penalty units.(3) A person does not commit an offence against this clause for anything done with the consent of the relevant Ministers.(4) Consent is only to be given under subclause (3) for research, environmental protection, public health or public safety purposes.cll 16: Am 31.7.2002; 1.10.2002.
17 Aquaculture
Aquaculture is permissible in the general use zone of a marine park.Note—The Fisheries Management Act 1994 regulates the conduct of aquaculture. In particular, it prohibits a person from undertaking aquaculture except under the authority of a permit issued under that Act and in accordance with the conditions of that permit.cll 17: Am 31.7.2002.
Division 5 Special purpose zone
18 Objects of special purpose zone
The objects of the special purpose zone are:(a) to provide for the management of biological diversity, habitat, ecological processes and natural and cultural features in the zone, where phenomena, sites or items in the zone warrant special management, or(b) to cater for special facilities and features in the zone such as slipways, breakwaters, berthing facilities and shipwrecks, or(c) such objects as may be set out in the zoning plan for a marine park.Note—At the commencement of this Regulation, this Part does not contain special provisions relating to activities that may be carried out in a special purpose zone. This may be provided for in the zoning plan concerned.cll 18: Am 31.7.2002.
18A Protection of animals, plants and habitat in special purpose zone
(1) A person must not, while in the special purpose zone of a marine park:(a) harm, or attempt to harm, any animal (other than fish), or(b) harm, or attempt to harm, any plant, orexcept with the consent of the relevant Ministers.(c) damage, take or interfere with, or attempt to damage, take or interfere with, any part of the habitat (including soil, sand, shells or other material occurring naturally within the zone),Maximum penalty: 100 penalty units.(2) Consent is only to be given under subclause (1) for research, environmental protection, public health or public safety purposes.(3) Despite subclause (2), if the objects of the special purpose zone include providing for traditional use of the area, consent may be given for the purpose of satisfying personal, domestic or non-commercial communal needs of Aboriginal people.cll 18A: Ins 31.7.2002. Am 1.10.2002.
18B Limited fishing activities
(1) A person must not, while in the special purpose zone of a marine park, take or attempt to take any fish in contravention of the zoning plan for the marine park.Maximum penalty: 100 penalty units.(2) A person does not commit an offence against this clause for anything done with the consent of the relevant Ministers.(3) Consent is only to be given under subclause (2) for research, environmental protection, public health or public safety purposes.(4) Despite subclause (3), if the objects of the special purpose zone include providing for traditional use of the area, consent may be given for the purpose of satisfying personal, domestic or non-commercial communal needs of Aboriginal people.cll 18B: Ins 31.7.2002. Am 1.10.2002.
18C Aquaculture
Aquaculture is permissible in the special purpose zone of a marine park, but only with the consent of the relevant Ministers.Note—The Fisheries Management Act 1994 regulates the conduct of aquaculture. In particular, it prohibits a person from undertaking aquaculture except under the authority of a permit issued under that Act and in accordance with the conditions of that permit.cl 18C: Ins 31.7.2002.
Part 3 Regulation of activities in marine parks
Division 1 General prohibitions
19 Possession of animals or plants taken illegally or of equipment used to take animals or plants
(1) A person who is in possession of any animal or plant that has been taken in contravention of a provision of this Regulation is guilty of an offence.Maximum penalty: 100 penalty units.(2) A person who, while in any part of a marine park, is in possession of any equipment (including fishing gear) that is used, or is designed to be used, for the purposes of taking an animal or plant is guilty of an offence if the taking of the animal or plant in that part of the park, at that time, is prohibited by law.Maximum penalty: 100 penalty units.(2A) A person who, while in any part of a marine park, is in possession of any equipment (including fishing gear) that is used, or designed to be used, for the purpose of taking an animal or plant is guilty of an offence if the use by that person of that equipment for taking an animal or plant from that part of the park, at that time, is prohibited by law.Maximum penalty: 100 penalty units.(2B) For the purposes of this clause, a person who is on board a boat is taken to be in possession of any equipment (including fishing gear) found in the boat.(2C) It is a defence to a prosecution for an offence under subclause (1) if the person charged satisfies the court that the person could not reasonably have known that the animal or plant had been taken in contravention of a provision of this Regulation.(3) It is a defence to a prosecution for an offence under subclause (2) or (2A) if the person charged satisfies the court:(a) that the equipment concerned was being transported, in accordance with the consent of the relevant Ministers, to any place where the person could lawfully use the equipment to take animals or plants, or(b) that the equipment concerned was in a state in which it could not have been used to take animals or plants, or(c) that the person could not reasonably have known that the equipment was on board the boat concerned, or(d) that the equipment was in the person’s possession for a purpose that was lawful in the part of the marine park that the person was in.cl 19: Am 31.7.2002; 1.10.2002.
20 Protection of marine park moorings, buoys, signs and facilities
(1) A person must not, except with the consent of the relevant Ministers:(a) remove, move, damage or interfere with a mooring in a marine park (being a mooring that is provided by or on behalf of the Authority), or(b) remove, move, damage or interfere with a zone or boundary marker or sign owned or erected by the Authority in or adjacent to a marine park, or(c) place any mooring, buoy or sign in a marine park, or(d) damage, deface or interfere with any property or facility in a marine park (being any property or facility that is owned, managed or operated by the Authority), or(e) attach a vessel to any marker buoy in a marine park that is owned or managed by the Authority.(2) If a mooring in a marine park that is provided by or on behalf of the Authority displays a sign designating a maximum carrying capacity for the mooring, a person must not attach a vessel to that mooring that exceeds that maximum capacity.(3) A person must not attach a vessel to another vessel that is attached to a mooring in a marine park that is provided by or on behalf of the Authority.Note—See also clause 28 (1) (b).(4) It is not an offence against subclause (3) to attach a vessel to the vessel’s tender.Maximum penalty: 100 penalty units.cl 20: Am 31.7.2002; 26.11.2004.
20A Heavily fouled hulls
(1) A marine park ranger may direct the master of a vessel to remove the vessel from the marine park if the ranger reasonably believes that the vessel’s hull or machinery is so heavily fouled by marine organisms as to pose a significant risk of the introduction of exotic animals or plants into the marine park.(2) A master of a vessel must comply with a direction made under this clause.Maximum penalty: 100 penalty units.cl 20A: Ins 26.11.2004.
21 Exotic animals and plants
(1) A person must not:(a) bring any exotic animal or exotic plant into a marine park, or(b) cause or allow any exotic animal to be released into a marine park, or(c) cause or allow any exotic plant to be introduced into a marine park.Maximum penalty: 100 penalty units.(2) A person does not commit an offence under subclause (1) (a) by bringing a domesticated animal into a marine park.
22 Domesticated animals
(1) A person must not:(a) bring any domesticated animal into a marine park except with the consent of the relevant Ministers, or(b) leave a domesticated animal unattended in a marine park.Maximum penalty: 100 penalty units.(1A) A person who brings a domesticated animal into a marine park must collect any faeces deposited by that animal and remove the faeces from the marine park.Maximum penalty: 5 penalty units.(2) For the purposes of this clause, a domesticated animal is unattended whenever it is not under the control of a responsible person.cl 22: Am 31.7.2002; 1.10.2002.
22A Protected species
(1) A person must not in a marine park:(a) take, or attempt to take, any species of fish identified as a protected species in the zoning plan for the marine park, orexcept with the consent of the relevant Ministers.(b) harm, or attempt to harm, any species of fish identified as a protected species in the zoning plan for the marine park,(2) For the purposes of section 17A of the Act, a contravention of subclause (1) is designated as a serious offence.cl 22A: Ins 26.11.2004.
23 Organised research activities
(1) A person must not carry out any organised research activity in a marine park except with the consent of the relevant Ministers.Maximum penalty: 100 penalty units.(2) For the purposes of this clause, an organised research activity is any research activity that is organised or conducted for purposes other than for the personal interest or enjoyment of the individual who is carrying out the activity.cl 23: Am 31.7.2002.
24 Commercial activities
(1) A person must not in a marine park:(a) sell or hire, attempt to sell or hire, expose for sale, hire or profit or solicit for sale, hire or profit any article, thing or service to any person, or(b) conduct, or assist in the conduct of, any amusement, entertainment, instruction, performance or activity for money or other consideration of any kind,except with the consent of the relevant Ministers.(c) (Repealed)Maximum penalty: 100 penalty units.(2) A person does not commit an offence under this clause by taking fish in a marine park for the purposes of sale or by assisting in the conduct of that activity.(3) A person does not commit an offence against this clause if the person carries out an activity described in subclause (1) (a) or (b) in a marine park without the consent of the relevant Ministers within 12 months after the declaration of the marine park.(4) A person does not commit an offence against subclause (1) (b) if the person carries out an activity described in that paragraph in a marine park without the consent of the relevant Ministers if the activity only involves a commercial vessel passing through a marine park to a destination outside the marine park by the most direct and expeditious route and:(a) the person does not undertake any commercial activities within the marine park other than those required to safely navigate and operate the vessel through the marine park, and(b) the person does not specifically advertise passing through the marine park as part of the person’s commercial activity, and(c) the passage through the marine park does not include anchoring, mooring or docking within the marine park except where required for safety reasons, and(d) the passage through the marine park does not include onboard commercial activities relating to the provision of any information concerning the marine park and its values, including scenic tours and environmental interpretation activities, and(e) the passage through the marine park does not involve the use of hovercraft vessels, personal watercraft or aircraft.Note—Although this clause does not prohibit commercial fishing activities, such activities must be carried out in accordance with the Fisheries Management Act 1994 and the regulations under that Act.cl 24: Am 31.7.2002; 1.10.2002; 26.11.2004.
24A Filming activities
A person must not take any photograph, or film any video, movie or television film, in a marine park, if the photographing or filming:(a) requires the use of structures (other than portable tripods), film sets or machinery, or(b) involves actors or professional models, or(c) has the potential to impact on marine biodiversity or habitat, orexcept with the consent of the relevant Ministers.(d) has the potential to exclude an area of the marine park from use by other users,Maximum penalty: 100 penalty units.cl 24A: Ins 26.11.2004.
25 Provision of information to Authority regarding commercial fishing operations
(1) The Authority may, by notice in writing, require any person who carries out any commercial fishing operation in a marine park to provide the Authority, within such reasonable time as may be specified in the notice, with such information in relation to those commercial fishing operations as may be specified in the notice.(2) A person must not:(a) fail to comply with the requirements of a notice served on the person under this clause, or(b) provide any information required by a notice under this clause that the person knows is false or misleading in a material particular.Maximum penalty: 100 penalty units.(3) In this clause:commercial fishing operation means any activity involving the taking of any fish for purposes of sale.
26 Organised sporting, educational and recreational activities
(1) A person must not:(a) organise or conduct any sporting competition or tournament in a marine park (such as a fishing competition or tournament), or(b) organise or conduct any concert, public meeting, function, event, demonstration or similar gathering in a marine park, or(c) organise or conduct any training manoeuvre or similar activity or event in a marine park, orexcept with the consent of the relevant Ministers.(d) organise or conduct any educational program involving the taking of animals or plants from a marine park,Maximum penalty: 100 penalty units.(2) A person does not commit an offence against this clause if the person carries out an activity described in subclause (1) (a), (b), (c) or (d) in a marine park without the consent of the relevant Ministers within 12 months after the declaration of the marine park.cl 26: Am 31.7.2002; 1.10.2002.
27 Use, mooring or anchoring of motorised vessels, vehicles and equipment
(1) The use, mooring and anchoring of motorised vessels, motorised vehicles and motorised equipment is permitted in a marine park, but only in accordance with the zoning plan for the marine park.(2) A person must not, except with the consent of the relevant Ministers, use, moor or anchor any motorised vessel, motorised vehicle or motorised equipment in a marine park in contravention of the zoning plan for the marine park.Maximum penalty: 50 penalty units.(3) In this clause:motorised means powered by a motor, whether or not the motor is in use at the time.cl 27: Am 31.7.2002; 26.11.2004.
27A Fish feeding
(1) A person must not feed fish in any part of a marine park, except with the consent of the relevant Ministers or as permitted by the relevant zoning plan.Maximum penalty: 100 penalty units.(2) Consent is not to be given to the following:(a) commercial shark feeding in any part of a marine park,(b) fish feeding in the sanctuary zone of a marine park.(3) A person does not commit an offence against this clause in respect of berleying in the course of fishing activities permitted by or under the Act in the part of the marine park concerned.cl 27A: Ins 31.7.2002. Am 26.11.2004.
27B Cleaning of fish or fishing gear
A person must not clean a fish or any fishing gear in any part of a marine park in contravention of the zoning plan for the marine park.Maximum penalty: 50 penalty units.Note—Clause 7 (d) of this Regulation prohibits the cleaning of fish or fishing gear in the sanctuary zone of a marine park without the consent of the relevant Ministers.cl 27B: Ins 31.7.2002.
28 Camping or residing in marine park
(1) A person must not:(a) camp in any part of a marine park other than in an area set aside by the Authority for camping, or(b) attach a vessel, for a period of more than 12 hours, to a mooring or other facility in a marine park that is owned or managed by the Authority, orexcept with the consent of the relevant Ministers.(c) reside permanently in a marine park,Maximum penalty: 100 penalty units.(2) In this clause:camp means reside temporarily (whether or not in a tent, caravan, cabin, vehicle, trailer or other structure).vessel includes a houseboat or any other structure that is capable of floating.cl 28: Am 31.7.2002.
29 Fish attracting devices
A person must not leave any floating device or floating structure unattended in a marine park except with the consent of the relevant Ministers.Maximum penalty: 50 penalty units.cll 29: Rep 2.3.2001. Ins 26.11.2004.
30 Lighting fires
(1) A person must not light any fire on any beach, reef or other emergent land within a marine park except with the consent of the relevant Ministers or as permitted by the relevant zoning plan.Maximum penalty: 100 penalty units.(2) Subclause (1) does not apply to the lighting of fires:(a) on board any vessel, or(b) within any barbecue area established by the public or local authority having the care, control and management of the land concerned.cll 30: Rep 2.3.2001. Ins 26.11.2004.
Division 2
(Repealed)
pt 3, div 2: Rep 2.3.2001.
Part 3A Consent of relevant Ministers
Note—
Various provisions of this Regulation prohibit a person from carrying out certain activities in a marine park except with the consent of the relevant Ministers. This Part sets out the process for applying for consent (which is given in the form of a permit) and makes provision regarding the granting, variation, suspension, cancellation and surrender of permits.
pt 3A: Ins 26.11.2004.
pt 3A, note: Ins 26.11.2004.
31 Principal assessment criteria
For the purposes of this Part, the following matters are the principal assessment criteria in relation to any proposed activity:(a) the objects of the Act (as specified in section 3 of the Act),(b) the objects of the zone in which the activity is proposed to be carried out (as specified in the relevant zoning plan),(c) the activities that are permissible in the zone in which the activity is proposed to be carried out (as specified in the relevant zoning plan),(d) any operational plan for the marine park adopted by the relevant Ministers pursuant to section 25 (7) of the Act,(e) any threatened species or other protected flora or fauna under the Fisheries Management Act 1994, the National Parks and Wildlife Act 1974 or the Threatened Species Conservation Act 1995 that may be affected by the proposed activity,(f) any cultural aspects of the marine park, either Aboriginal or non-Aboriginal,(g) the natural resources of the marine park,(h) the form of transport to be used to gain access to the zone in which the activity is proposed to be carried out or on or from which the activity is proposed to be carried out, having regard to the adequacy of facilities for parking, mooring and landing vehicles, vessels and aircraft, and for loading and unloading them,(i) the type of equipment to be used in connection with the proposed activity,(j) the arrangements that have been made for the making good of any damage to the marine park that arises from the proposed activity,(k) the requirements of any other law with respect to the carrying out of the proposed activity,(l) such other requirements as the relevant Ministers consider appropriate to the proposed activity.cll 31: Rep 2.3.2001. Ins 26.11.2004.
32 Restriction of number of permits that may be issued
(1) The relevant Ministers may from time to time determine, in relation to a marine park or a zone within a marine park:(a) the maximum number of permits that may be in force at any one time in relation to the marine park or zone, either generally or in relation to specified activities or classes of activities, and(b) for each activity in respect of which a maximum number has been determined, the priority to be given to different classes of applicant in the consideration of any application for a permit.(2) In making a determination under this clause, the relevant Ministers must have regard to the following:(a) any existing use within the marine park or zone as at the time the marine park or zone came into existence,(b) the environmental, cultural or social impact of any such use,(c) whether or not any such use is consistent with the principal assessment criteria.cll 32: Rep 2.3.2001. Ins 26.11.2004.
32A Applications for permits
An application for the consent of the relevant Ministers to the carrying out of an activity in a marine park must be made in the form approved by the relevant Ministers.Note—Section 307A of the Crimes Act 1900 makes it an offence to make a false or misleading statement in, or a misleading omission from, an application for a permit.cll 32A–32N: Ins 26.11.2004.
32B Relevant Ministers may ask for further information
(1) The relevant Ministers may make a written request to any person who has made an application for consent to carry out any activity, asking for further information to assist the Ministers in considering the application.(2) The relevant Ministers do not have to consider an application if any request for further information is not complied with within the time specified by the relevant Ministers in the request.cll 32A–32N: Ins 26.11.2004.
32C Relevant Ministers must take into account principal assessment criteria
(1) The relevant Ministers must have regard to the principal assessment criteria in deciding whether or not to give consent to the carrying out of any activity in a marine park.(2) This clause does not apply to applications for consent to carry out activities that the relevant Ministers consider will have minimal impact on the biodiversity, enjoyment or use of the marine park.(3) This clause does not limit the factors that the relevant Ministers may have regard to when considering an application for consent to carry out an activity.cll 32A–32N: Ins 26.11.2004.
32D Relevant Ministers must refuse consent in certain circumstances
(1) The relevant Ministers must not give consent to the carrying out of any activity in a marine park that, in the opinion of the relevant Ministers, is inconsistent with the objects of the Act.(2) Except in emergencies, the relevant Ministers must not give consent to the carrying out of any activity in a zone of a marine park that, in the opinion of the relevant Ministers, is inconsistent with the objects of the zone.(3) The relevant Ministers must not give consent to the carrying out of any activity contrary to the provisions of any determination in force under clause 32.cll 32A–32N: Ins 26.11.2004.
32E Relevant Ministers may refuse consent in certain other circumstances
(1) The relevant Ministers may refuse to give consent to the carrying out of any activity in a marine park if:(a) the application for consent was not made in the approved form, or(b) the applicant has failed to respond to a request for further information made under clause 32B or has responded in a way that the relevant Ministers consider is unsatisfactory, or(c) the applicant has been convicted of an offence under the Act or this Regulation, or under similar legislation of another jurisdiction, in the 12 months before the application was made, or(d) the applicant has been issued with 2 or more penalty notices for offences under the Act or this Regulation in the 12 months before the application was made, being penalty notices that were not later dismissed by a court, or(e) the proposed activity is inconsistent with the principal assessment criteria (to the extent that those criteria are applicable to the application).(2) This clause does not limit the factors that the relevant Ministers may take into account when considering an application for consent under this Part.cll 32A–32N: Ins 26.11.2004.
32F Consent to be given in form of permit
The consent of the relevant Ministers to the carrying out of an activity in a marine park is to be given in the form of a written permit.cll 32A–32N: Ins 26.11.2004.
32G Permit may be granted subject to conditions
(1) A permit is subject to any conditions that are specified in the permit.(2) The holder of a permit who contravenes any condition of the permit is guilty of an offence.Maximum penalty: 100 penalty units.cll 32A–32N: Ins 26.11.2004.
32H Permit may authorise others
(1) A permit may authorise specified persons or a specified class of persons in addition to the person to whom the permit is granted to carry out the activities to which the permit relates.(2) In any such case, the specified persons, or class of persons, are taken to be holders of the permit for the purposes of this Regulation.cll 32A–32N: Ins 26.11.2004.
32I Term of permit
Unless sooner suspended or cancelled, a permit remains in force for such period as is specified in the permit.cll 32A–32N: Ins 26.11.2004.
32J Variation of permit
The relevant Ministers may, by written notice to the holder of a permit, vary the conditions of the permit, or add conditions to a permit granted without conditions, for any of the following reasons:(a) the holder has not complied with a condition of the permit,(b) the holder has made a statement or an omission in, or in connection with, the holder’s application for the permit that was, in the opinion of the relevant Ministers, false or misleading,(c) due to circumstances that were not foreseen, and were not reasonably foreseeable at the time the permit was granted, the activity has resulted in damage, degradation or disruption to the physical environment, or the living resources of the marine park,(d) due to circumstances that were not foreseen, and were not reasonably foreseeable at the time the permit was granted, there is a likely or imminent threat that the activity will result in damage, degradation or disruption to the physical environment, to the living resources of the marine park or to the appreciation, understanding and enjoyment of the marine park by other persons,(e) the carrying out of activities in accordance with the permit would be inconsistent with the objects of the Act.cll 32A–32N: Ins 26.11.2004.
32K Suspension of permit
(1) A permit granted under this Part may be suspended by the relevant Ministers for any of the following reasons:(a) the holder has not complied with a condition of the permit,(b) due to circumstances that were not foreseen, and were not reasonably foreseeable at the time the permit was granted, the activity to which the permit relates has resulted in damage, degradation or disruption to the physical environment, or the living resources of the marine park,(c) due to circumstances that were not foreseen, and were not reasonably foreseeable at the time the permit was granted, there is a likely or imminent threat that the activity will result in damage, degradation or disruption to the physical environment, to the living resources of the marine park or to the appreciation, understanding and enjoyment of the marine park by other persons,(d) any other reason that the relevant Ministers consider appropriate having regard to the objects of the Act.(2) The relevant Ministers may include in the notice suspending a permit a warning that the permit will be cancelled if the action specified in the notice is not taken within the time specified in the notice.(3) The suspension of a permit takes effect on the date specified in the notice of the suspension (being a date occurring on or after the date on which the notice is given).(4) While a suspension is in force, the holder of the permit is taken not to have the consent of the relevant Ministers to carry out the activity to which the permit relates.(5) The relevant Ministers may, at any time, remove a suspension of a permit.cll 32A–32N: Ins 26.11.2004.
32L Cancellation of permit
(1) A permit under this Part may be cancelled by the relevant Ministers for any of the following reasons:(a) the holder has not complied with a condition of the permit,(b) the holder has been convicted of an offence under the Act or this Regulation,(c) the holder has made a statement or an omission in, or in connection with, the holder’s application for the permit that was, in the opinion of the relevant Ministers, false or misleading,(d) the relevant Ministers have included in a notice suspending a permit a warning that the permit will be cancelled if the action specified in the notice is not taken within the time specified in the notice and that action has not been taken within that time,(e) due to circumstances that were not foreseen, and were not reasonably foreseeable at the time the permit was granted, the activity to which the permit relates has resulted in damage, degradation or disruption to the physical environment or to the living resources of the marine park,(f) due to circumstances that were not foreseen, and were not reasonably foreseeable at the time the permit was granted, there is a likely or imminent threat that the activity to which the permit relates will result in damage, degradation or disruption to the physical environment, to the living resources of the marine park or to the appreciation, understanding and enjoyment of the marine park by other persons,(g) any other reason that the relevant Ministers consider appropriate having regard to the objects of the Act.(2) The cancellation of a permit takes effect on the date specified in the notice of the cancellation (being a date occurring on or after the date on which the notice is given).cll 32A–32N: Ins 26.11.2004.
32M Surrender of permit
A permit under this Part may be surrendered at any time by the holder of the permit giving written notice to the relevant Ministers.cll 32A–32N: Ins 26.11.2004.
32N Consent by relevant Ministers not required for certain activities
(1) A provision of this Regulation (other than clause 7, 8A, 11, 12, 15, 16, 18A or 18B) does not require the consent of the relevant Ministers to the carrying out of any activity if planning approval has been given with respect to that activity.(2) In this clause, planning approval means:(a) development consent under the Environmental Planning and Assessment Act 1979, or(b) approval of a determining authority under Part 5 of the Environmental Planning and Assessment Act 1979.Note—Section 19 of the Act makes specific provision in relation to the application of the Environmental Planning and Assessment Act 1979 to development within marine parks.cll 32A–32N: Ins 26.11.2004.
Part 4 Miscellaneous
33 Removal of persons from marine park
(1) A marine park ranger may direct a person to leave a marine park or any part of a marine park if, in the opinion of the marine park ranger, the person:(a) is causing annoyance or inconvenience to any other person in the marine park, or(b) has committed an offence under the Act or this Regulation or is likely to commit such an offence.(2) A person must not fail to comply with such a direction.Maximum penalty: 100 penalty units.(3) A marine park ranger may remove from a marine park, or any part of a marine park, any person who fails to comply with a direction under this clause and any vehicle, vessel, animal or other property in the possession of the person.cl 33: Am 26.11.2004.
33A Removal of property from marine park
(1) A marine park ranger may direct the owner of any property (such as any vehicle, vessel or mooring) to remove the property from a marine park or any part of a marine park if, in the opinion of the marine park ranger, the property:(a) is causing annoyance or inconvenience to any other person in the marine park, or(b) is causing a significant impact on species or habitats, or(c) is likely to create an environmental hazard.(2) A person must not fail to comply with such a direction.Maximum penalty: 100 penalty units.(3) A marine park ranger may remove from a marine park, or any part of a marine park, any property that is not removed by its owner in accordance with a direction under this clause.cl 33A: Ins 26.11.2004.
34 Penalty notice offences
For the purposes of section 38 of the Act:(a) each offence created by a provision of the Act or this Regulation specified in Column 1 of Schedule 2 is prescribed as a penalty notice offence, and(b) the prescribed penalty for such an offence is the amount specified in Column 2 of Schedule 2.cl 34: Am 31.7.2002; 26.11.2004.
35 (Repealed)
cl 35: Rep 31.7.2002.
36 Delegation
The Authority may delegate the exercise of any of its functions under this Regulation (other than this power of delegation) to any of the following persons:(a) a member of the Authority,(b) a marine park ranger,(c) a public servant,(d) a person of a class approved by the relevant Ministers.
37–37A (Repealed)
cl 37: Subst 31.7.2002. Rep 26.11.2004.
cl 37AA: Ins 1.10.2002. Rep 26.11.2004.
cl 37A: Ins 31.7.2002. Rep 26.11.2004.
38 General defences
A person does not commit an offence under this Regulation for anything done:(a) by a marine park ranger in the exercise of his or her functions as a marine park ranger, or(b) under the direction of the Authority.
38A Defences relating to harm to animals, plants or habitat
(1) It is a defence to a prosecution for an offence under this Regulation relating to the taking of fish in a habitat protection zone, general use zone or special purpose zone of a marine park if the person charged satisfies the court that:(a) the taking of the fish occurred in the carrying out of an activity that was a lawful activity for that part of the marine park, and(b) on becoming aware of the taking of the fish, the person took immediate steps to return the fish to its natural environment with the least possible injury.(2) It is a defence to a prosecution for an offence under this Regulation relating to the harm of any animal or plant, or damaging, taking or interfering with any habitat, in a marine park if the person charged satisfies the court that the act or omission constituting the offence was a routine activity in connection with a lawful activity (unless it is an activity of a kind the zoning plan for the marine park concerned declares is not a routine activity for the purposes of this clause).cl 38A: Ins 31.7.2002. Am 1.10.2002.
38B Offences under Fisheries Management Act 1994
A person cannot be convicted of both an offence under this Regulation and an offence under the Fisheries Management Act 1994 (or the regulations under that Act) in respect of the same act or omission.cl 38B: Ins 31.7.2002.
39 Exemption for Defence Force activities
(1) This Regulation does not apply to or in respect of any activity carried out by or under the direction of the Commonwealth Department of Defence (including any arm of the Defence Force of Australia).(2) This clause does not prevent the Authority from entering into an arrangement with the Commonwealth with respect to the activities of the Defence Force of Australia in marine parks.
40 Marine Parks Advisory Council members (marine conservation interests)
(1) For the purposes of section 32 (2) (b) of the Act, the Nature Conservation Council (the NCC) is the peak group or body to represent the interests of marine conservation.(2) If a vacancy arises in the office of the member of the Marine Parks Advisory Council appointed on the nomination of the NCC (the NCC member), the relevant Ministers must call on the NCC to nominate (within such period as the relevant Ministers may specify) at least 2 candidates from whom a new NCC member is to be appointed.(3) The relevant Ministers are to appoint, as the new NCC member, whichever of the candidates nominated by the NCC the relevant Ministers consider most suitable for appointment as the NCC member.(4) If the NCC:(a) fails to nominate candidates when called on to do so by the relevant Ministers, orthe relevant Ministers may call on some other group or body to nominate candidates (an alternative peak group) and, in that event, the alternative peak group is taken to be the peak group or body to represent the interests of marine conservation for the purposes of section 32 (2) (b) of the Act.(b) fails to nominate a candidate who the relevant Ministers consider suitable for appointment as the NCC member,(5) Subclauses (3) and (4) apply in relation to an alternative peak group in the same way as they apply in relation to the NCC.(6) The amendments to section 32 of the Act made by the Marine Parks Amendment Act 2000 do not affect the positions held by the members of the Marine Parks Advisory Council immediately before that commencement, and those members continue to hold office (subject to the other provisions of the Act) until the end of the terms for which they were appointed.cl 40: Subst 2.3.2001.
Schedule 1 Zoning plans for marine parks
(Clause 5)
Part 1 Solitary Islands Marine Park Zoning Plan
Note—
The GPS coordinates used to describe the boundaries of the Solitary Islands Marine Park in Part 2 of Schedule 4 to the Act are in datum AGD 66. The GPS coordinates used to describe the boundaries of the zones of the marine park in this Part are in datum WGS 84, which is the datum more commonly used by marine park users.
Division 1 Preliminary
1 Definitions
(1) In this Part:map means a map set out in Division 10.marine park means the Solitary Islands Marine Park, as described in Part 2 of Schedule 4 to the Act.Note—Map 1 provides an overview of the zoning plan for the marine park.net—see subclause (2).set line has the same meaning as it has in the Fisheries Management (General) Regulation 1995.table means a table set out in Division 9.trap—see subclause (2).(2) In this Part, a reference to a net or trap is a reference to that net or trap as described in the Fisheries Management (General) Regulation 1995.Note—The Fisheries Management (General) Regulation 1995 contains descriptions of the following nets and traps (which are referred to in this Part):(a) nets—spanner crab net, scoop net (prawns), landing net, push or scissors net (prawns), hoop or lift net, submersible lift net (bait), purse seine net,(b) traps—fish trap, crab trap, bait trap.
Division 2 Sanctuary Zone
2 Description of sanctuary zone
The sanctuary zone of the marine park is comprised of the following areas:Sandon River System (Northern Section)The whole of the tidal waters and tidal lands of Toumbaal Creek, including all its creeks, bays and tributaries upstream of point 2A at 29° 40′ 09.08″S, 153° 19′ 00.08″E and a line drawn generally east of that point to the eastern bank, to the mean high water mark, as shown on map 2.The whole of the tidal waters and tidal lands of the Sandon River arm of the Sandon River, including all its creeks, bays and tributaries upstream of point 2B at 29° 41′ 08.29″S, 153° 18′ 08.52″E and a line drawn generally north east of that point to the eastern bank, being the junction of the Sandon River and Candole Creek, to the mean high water mark, as shown on map 2.The whole of the tidal waters and tidal lands incorporating the island/mudflat area in the main section of the Sandon River, to the mean high water mark, east of a line drawn between point 2C at 29° 40′ 37.69″S, 153° 18′ 55.90″E and point 2D at 29° 40′ 43.49″S, 153° 18′ 52.62″E, then following the western side of the estuarine islands to point 2E at 29° 40′ 48.91″S, 153° 18′ 46.05″E, then from a line between point 2E and 2F at 29° 40′ 56.25″S, 153° 18′ 46.64″E, as shown on map 2.Northern SectionFrom point 3A at 29° 42′ 55.50″S, 153° 18′ 55.15″E, approximately 1 kilometre (0.5 nautical miles) seaward of Sandon Beach, due east approximately 6 kilometres (3 nautical miles) to the marine park boundary at point 3B at 29° 42′ 55.50″S, 153° 22′ 36.19″E, then generally south approximately 5 kilometres (2.6 nautical miles) following the boundary of the marine park to point 3C, in line with Rocky Point, at 29° 45′ 39.44″S, 153° 21′ 35.32″E then due west approximately 4 kilometres (2.1 nautical miles) to point 3D at 29° 45′ 39.44″S, 153° 18′ 55.15″E approximately 1.7 kilometres (0.9 nautical miles) east of Rocky Point, then due north to point 3A, as described above and shown on map 3.From the mean high water mark at point 3E on Minnie Water Back Beach (approximately 480m south of the northern tip of the beach) at 29° 47′ 09.17″S, 153° 17′ 37.06″E, due east approximately 6 kilometres (3 nautical miles) to the boundary of the marine park to point 3F at 29° 47′ 09.17″S, 153° 21′ 36.14″E, then generally south approximately 2 kilometres (1.2 nautical miles) following the boundary of the marine park to point 3G at 29° 48′ 22.95″S, 153° 21′ 06.56″E, then due west approximately 6 kilometres (3 nautical miles) to the southern tip of Minnie Water Back Beach at point 3H (29° 48′ 22.95″S, 153° 17′ 12.65″E), then returning north to point 3E, along the mean high water mark, as shown on map 3.Wooli Wooli River and Diggers Camp (Northern Section)The whole of the tidal waters and tidal lands of the northern arm of the Wooli Wooli River and central basin, including all its creeks, bays and tributaries upstream from a line drawn between point 4A at 29° 50′ 22.95″S, 153° 13′ 58.57″E and point 4B at 29° 50′ 26.99″S, 153° 13′ 56.09″E, at the forks, to the mean high water mark, as shown on map 4.Station CreekThe whole of the tidal waters and tidal lands of Station Creek including all its creeks, bays and tributaries upstream from a line drawn between point 5A at 29° 56′ 51.86″S, 153° 14′ 45.89″E and point 5B at 29° 56′ 52.70″S, 153° 14′ 47.25″E, approximately 1.2 kilometres upstream of the mouth of the creek, to the mean high water mark, as shown on map 5.Corindi River System and Pipe Clay LakeThe whole of the tidal waters and tidal lands of the Corindi River (lower reaches), north of the main channel from a line drawn between point 6A on the northern bank of the mouth of the river at 29° 58′ 43.81″S, 153° 13′ 57.29″E to point 6B at the south eastern point of the main island at 29° 58′ 50.25″S, 153° 13′ 39.15″E, then following the southern and western part of the island to the northern point at 6C at 29° 58′ 38.11″S, 153° 13′ 38.45″E, then generally north to the eastern point of the small island at 6D at 29° 58′ 30.41″S, 153° 13′ 36.01″E, then following the southern bank of the small island to the western side of the small island to point 6E at 29° 58′ 29.50″S, 153° 13′ 32.70″E, then due west upstream to point 6F on the northern bank of the river at 29° 58′ 28.85″S, 153° 13′ 29.87″E, then following the northern bank of the river to point 6G at 29° 58′ 27.26″S, 153° 13′ 16.53″E, then upstream to point 6H on a second small island at 29° 58′ 35.06″S, 153° 13′ 14.08″E, and continues upstream to point 6I at the junction of the Corindi River and Mullet Creek at 6I at 29° 58′ 40.30″S, 153° 13′ 16.47″E, and includes the whole of the tidal waters and tidal lands of Saltwater Creek, Mullet Creek and other creeks, bays and tributaries north of the area described above, to the mean high water mark, as shown on map 6.Central SectionThe north western part extends from the mean high water mark at point 7A at 29° 54′ 31.36″S, 153° 16′ 19.27″E, approximately 1.5 kilometres (0.8 nautical miles) south of Jones Point, due east approximately 1.5 kilometres (0.8 nautical miles) to point 7B at 29° 54′ 31.36″S, 153° 17′ 13.41″E, then due south approximately 3.6 kilometres (1.9 nautical miles) to point 7C at 29° 56′ 26.88″S, 153° 17′ 13.41″E, then due west approximately 2 kilometres (1 nautical mile) to point 7D at 29° 56′ 26.88″S, 153° 16′ 01.14″E (500 metres east of Pebbly Beach northern headland) then generally north for 1 kilometre (0.5 nautical miles) at 500 metres from the mean high water mark to point 7E at 29° 55′ 52.15″S, 153° 15′ 57.90″E, then due west 500 metres to point 7F at 29° 55′ 52.15″S, 153° 15′ 39.25″E at the mean high water mark at the southern tip of Freshwater Beach, then due north along the mean high water mark to point 7A described above, as shown on map 7.The south eastern part extends from point 7C at 29° 56′ 26.88″S, 153° 17′ 13.41″E, approximately 2.5 kilometres (1.3 nautical miles) due east of Pebbly Beach northern headland, and extends due east approximately 2.7 kilometres (1.4 nautical miles) to point 7G at 29° 56′ 26.88″S, 153° 19′ 01.99″E, then due south approximately 3.5 kilometres (1.9 nautical miles) to point 7H at 29° 58′ 23.07″S, 153° 19′ 01.99″E, then due west approximately 2.7 kilometres (1.4 nautical miles), in line with the northern tip of North Rock, to point 7I at 29° 58′ 23.07″S, 153° 17′ 13.41″E, then due north approximately 3.5 kilometres (1.9 nautical miles) to point 7C, as described above, as shown on map 7.Jones Beach and Jones PointFrom the mean high water mark at the eastern tip of the southern breakwall, generally south to point 7J at 29° 53′ 24.16″S, 153° 16′ 19.50″E, approximately 200 metres from the mean high water mark, then at 200 metres from the mean high water mark along Jones Beach and Jones Point to point 7K on the southern side of Jones Point at 29° 53′ 38.09″S, 153° 16′ 27.46″E, at a bearing of 107°, as shown on map 7.Flat Top PointFrom point 8E, at 30° 07′ 39.67″S, 153° 12′ 21.40″E then following Flat Top Point from the mean high water mark to 200 metres around Flat Top Point to point 8F at 30° 07′ 57.37″S, 153° 12′ 21.40″E, then returning due north to point 8E, as shown on map 8.Southern SectionFrom the mean high water mark at the eastern tip of Bare Bluff at point 9A, at 30° 09′ 23.28″S, 153° 12′ 24.16″E, then generally east approximately 1.3 kilometres (0.7 nautical miles) in a line of sight with the northern most point of South West Solitary Island to point 9B at 500 metres from the mean high water mark of South West Solitary Island at 30° 09′ 29.78″S, 153° 13′ 12.62″E, and encompasses South West Solitary Island from the mean high water mark to 500 metres, then due south from point 9C at 30° 09′ 58.66″S, 153° 13′ 43.56″E, in line with the eastern most point of South West Solitary Island, approximately 5.3 kilometres (2.8 nautical miles) to point 9D at 30° 12′ 51.62″S, 153° 13′ 43.56″E, then due west approximately 5.6 kilometres (3 nautical miles), in line with Green Bluff to point 9E at 30° 12′ 51.61″S, 153° 10′ 12.47″E, at approximately 500 metres from the mean high water mark, then follows the mean high water mark at approximately 500 metres north around Green Bluff to point 9F at 30° 12′ 24.32″S, 153° 09′ 52.84″E, then extends generally north following the mean high water mark at 200 metres along Moonee Beach to point 9G at 30° 11′ 53.57″S, 153° 10′ 08.68″E, then due west to point 9H at 30° 11′ 53.57″S, 153° 10′ 01.20″E, at the mean high water mark, approximately 1.5 kilometres north of the northern side of Moonee Creek.The sanctuary zone then extends from point 9H at 30° 11′ 53.57″S, 153° 10′ 01.20″E, generally north approximately 2.5 kilometres along the mean high water mark on Moonee Beach to point 9I at 30° 10′ 48.96″S, 153° 10′ 53.98″E, approximately 500 metres south of the northern tip of Moonee Beach, then follows Look at Me Now Headland at approximately 500 metres from the mean high water mark north to point 9J at 30° 10′ 19.77″S, 153° 11′ 38.96″E, at 200 metres from the mean high water mark at Dammerels Headland, then follows the shoreline north at 200 metres from the mean high water mark to point 9K at 30° 09′ 53.33″S, 153° 11′ 48.13″E at 200 metres from the mean high water mark at the northern tip of Fiddamans Beach, then due west to the northern tip of Fiddamans Beach to point 9L at the mean high water mark at 30° 09′ 53.33″S, 153° 11′ 41.56″E, then follows the mean high water mark north along Diggers Point, Back Sandy Beach and southern side of Bare Bluff to return to point 9A, as shown on map 9.North Solitary IslandFrom the mean high water mark at point 11A at 29° 55′ 23.45″S, 153° 23′ 20.51″E, on the eastern side of Anemone Bay, due north approximately 50 metres to point 11B at 29° 55′ 21.82″S, 153° 23′ 20.51″E, then due west approximately 500 metres to point 11C at 29° 55′ 21.82″S, 153° 22′ 59.64″E, then in a direct line south east approximately 1.3 kilometres to point 11D at 29° 55′ 58.70″S, 153° 23′ 23.44″E, then due east approximately 200 metres to the most south westerly point of North Solitary Island at point 11E at 29° 55′ 58.70″S, 153° 23′ 31.76″E, then returning along the mean high water mark on the western side of the island to point 11A, as shown on map 11.North West RockFrom the mean high water mark to 100 metres seaward around North West Rock, as shown on map 11.North West Solitary IslandFrom the mean high water mark at point 12A at 30° 00′ 58.05″S, 153° 16′ 17.76″E, on the most northerly point of North West Solitary Island, generally north west approximately 500 metres to point 12B at 30° 00′ 45.48″S, 153° 16′ 05.59″E, then in a direct line generally south approximately 1 kilometre to point 12C at 30° 01′ 19.37″S, 153° 16′ 02.90″E, and then generally north east approximately 370 metres to the mean high water mark at the southern end of North West Solitary Island at point 12D at 30° 01′ 10.29″S, 153° 16′ 14.88″E, and returning along the mean high water mark on the western side of the island to point 12A, as shown on map 12.South West Solitary Island (Groper Islet)From the mean high water mark to 500 metres seaward around South West Solitary Island (Groper Islet), as shown on map 13.South Solitary IslandFrom the mean high water mark at point 14A at 30° 12′ 26.71″S, 153° 15′ 59.59″E, on the most south westerly point of the main island, due west approximately 200 metres to point 14B at 30° 12′ 26.71″S, 153° 15′ 52.11″E, then in a direct line generally north west 500 metres to point 14C at 30° 12′ 13.13″S, 153° 15′ 48.81″E, 200 metres from the most south westerly point of “Birdie”, then due east to point 14D at 30° 12′ 13.13″S, 153° 15′ 52.55″E, 100 metres from the mean high water mark at “Birdie”, then follows “Birdie” at 100 metres from the mean high water mark, around “Birdie” to point 14E at 30° 12′ 15.61″S, 153° 16′ 02.60″E, and returning along the mean high water mark on the northern and western sides of the island to point 14A, as shown on map 14.Split Solitary IslandFrom the mean high water mark at point 15A at 30° 14′ 23.71″S, 153° 10′ 47.76″E, to 200 metres seaward to point 15B at 30° 14′ 18.07″S, 153° 10′ 43.81″E, then follows Split Solitary Island at 200 metres from the mean high water mark south west of the split through the island to point 15C at 30° 14′ 33.61″S, 153° 10′ 55.43″E, at 200 metres seaward of the mean high water mark, then to point 15D at the mean high water mark at 30° 14′ 28.11″S, 153° 10′ 51.45″E, and returning along the mean high water mark on the southern and western sides of the island to point 15A, as shown on maps 10 and 15.
3 Fish cleaning
(1) A person must not clean any fish or any fishing gear while in the sanctuary zone of the marine park except at a fish cleaning facility (if any) designated by the relevant Ministers for that purpose.(2) This clause does not prohibit the cleaning of fish or fishing gear while on a vessel with the consent of the relevant Ministers.
Division 3 Habitat protection zone
4 Description of habitat protection zone
The habitat protection zone of the marine park is comprised of the following area:From the mean high water mark at the most easterly point of Plover Island at point 1A at 29° 40′ 17.70″S, 153° 19′ 50.71″E, due east approximately 6 kilometres (3 nautical miles) to the marine park boundary at point 1B at 29° 40′ 17.70″S, 153° 23′ 28.61″E, then generally south along the marine park boundary to point 1C at 29° 48′ 55.76″S, 153° 21′ 07.72″E, generally in line with Diggers Camp Rock Platform, then due west to point 1D at 29° 48′ 55.76″S, 153° 18′ 54.42″E, then due south to point 1E at 29° 53′ 18.28″S, 153° 18′ 54.42″E, then due east to point 1F at 29° 53′ 18.28″S, 153° 23′ 55.84″E, then due south to point 1G at 29° 56′ 26.88″S, 153° 23′ 55.84″E, then due west to point 1H at 29° 56′ 26.88″S, 153° 20′ 02.11″E, then in a north westerly direction, following the boundary of the marine park to point 1I at 29° 56′ 10.51″S, 153° 19′ 57.37″, then in a south westerly direction to point 1J as 29° 56′ 26.88″S, 153° 19′ 50.47″E, then due west to point 1K at 29° 56′ 26.88″S, 153° 19′ 01.99″E, then due south to point 1L at 30° 01′ 49.87″S, 153° 19′ 01.99″E, then due west to point 1M at 30° 01′ 49.87″S, 153° 14′ 36.70″E, then due south to point 1N at 30° 09′ 22.29″S, 153° 14′ 36.70″E, then due east to point 1O at 30° 09′ 22.29″S, 153° 15′ 37.60″E, then south east to point 1P at 30° 10′ 17.42″S, 153° 16′ 37.99″E, then due south to point 1Q at 30° 13′ 34.74″S, 153° 16′ 37.99″E, then south west to point 1R at 30° 14′ 27.51″S, 153° 15′ 37.60″E, then due west to point 1S at 30° 14′ 27.51″S, 153° 11′ 37.16″E, then due south to point 1T at 30° 18′ 18.29″S, 153° 11′ 37.16″E, at the southern boundary of the marine park, then due west to point 1U at 30° 18′ 18.29″S, 153° 09′ 16.29″E, at the mean high water mark at the eastern point of Muttonbird Island, then along the coast at the mean high water mark to point 1A, described above, including all rivers, estuaries, bays and lagoons and inlets upstream to their tidal limits and tidal lands, except those waters and tidal lands zoned as either sanctuary zone (as specified in Division 2) or special purpose zone (as specified in Division 5), as shown on map 16.
5 Taking of certain plants permitted
(1) A person may take living plants of a species listed in table A in the habitat protection zone of the marine park.(2) A person may take seaweed from a beach in the habitat protection zone of the marine park.(3) This clause does not apply in respect of:(a) Diggers Camp Rock Platform, between point 4C at 29° 48′ 56.30″S, 153° 17′ 25.64″E and point 4D at 29° 49′ 07.78″S, 153° 17′ 28.38″E, as shown on map 4, and(b) Moonee Beach.(4) This clause applies despite clause 11 (Protection of animals, plants and habitat in habitat protection zone) of this Regulation.Note—Clause 11 of this Regulation makes it an offence to harm a plant or damage, take or interfere with any part of the habitat in a habitat protection zone except with the consent of the relevant Ministers.
6 Permitted fishing activities
Note—Clause 12 (1) of this Regulation makes it an offence to take or attempt to take fish in a habitat protection zone unless the person is engaging in a permitted fishing activity referred to in that subclause. A permitted fishing activity includes the taking of fish by a method that is permitted by the zoning plan for a marine park.(1) Clause 12 (1) of this Regulation (relating to permitted fishing activities) applies to the habitat protection zone of the marine park subject to the provisions of this Part. Accordingly, that subclause is not to be construed as authorising any fishing activity that would contravene a provision of this Part.Note—For example, clause 7 of this Part lists the species of fish that may be taken in the habitat protection zone, and Division 6 sets out general restrictions on fishing in the marine park that extend to the habitat protection zone.(2) For the purposes of clause 12 (1) (e) of this Regulation, the following fishing activities are permitted in the habitat protection zone of the marine park (in addition to those set out in clause 12 (1)):(a) the taking of fish by use of a submersible lift net (bait), but only if the fish are taken for use as bait by the fisher (and not for the purposes of sale),(b) the taking of fish by use of a bait trap, but only if the fish are taken for use as bait by the fisher (and not for the purposes of sale),(c) the taking of fish of a kind that may lawfully be taken in the habitat protection zone by the method known as beach hauling, but only at the following beaches:(i) Arrawarra Beach,(ii) Park Beach,(iii) Sandy Beach,(iv) Station Creek Beach (south of the access track to Station Creek Beach from Station Creek Road, approximately 1.8km from the southern end of the beach),(v) Woolgoolga Front Beach,Note—See also clause 23 of this Part.(d) the taking of any fish of a kind that may lawfully be taken in the habitat protection zone by use of one of the following nets, if the use of the net to take that fish is lawful under the Fisheries Management Act 1994:(i) push or scissors net (prawns),(ii) hoop or lift net,(iii) spanner crab net,(e) the taking of any fish of a kind that may lawfully be taken in the habitat protection zone by use of a trap, if use of the trap to take that fish is lawful under the Fisheries Management Act 1994.Note—Table B lists the kinds of fish that may lawfully be taken in a habitat protection zone.(3) Subclause (2) is also subject to the other provisions of this Part. Accordingly, that subclause is not to be construed as authorising any fishing activity that would contravene another provision of this Part.
7 Species protection
(1) A person must not take or attempt to take any fish in the habitat protection zone of the marine park except:(a) fish of a species listed in table B, or(b) fish taken for use as bait by any method that is otherwise permitted under this Regulation.(2) Nothing in this clause permits a person to take or attempt to take a fish of a species:(a) the taking of which is prohibited under the Fisheries Management Act 1994, or(b) listed in table C.(3) This clause does not apply in respect of:(a) Diggers Camp Rock Platform, between point 4C at 29° 48′ 56.30″S, 153° 17′ 25.64″E and point 4D at 29° 49′ 07.78″S, 153° 17′ 28.38″E, as shown on map 4, and(b) Moonee Beach.
8 Species protection—Diggers Camp and Moonee Beach
(1) A person must not take or attempt to take any fish in the area to which this clause applies except fish of the following species:(a) finfish (Class Osteichthyes)—all species,(b) sharks and rays (Class Chondrichthyes)—all species,(c) eastern rock lobster (Jasus verreauxi),(d) slipper lobster (Scyllarus spp.),(e) painted rock lobster (Panulirus spp.).(2) This clause applies to the following area:(a) Diggers Camp Rock Platform, between point 4C at 29° 48′ 56.30″S, 153° 17′ 25.64″E and point 4D at 29° 49′ 07.78″S, 153° 17′ 28.38″E, as shown on map 4, and(b) Moonee Beach.(3) Nothing in this clause permits a person to take or attempt to take a fish of a species:(a) the taking of which is prohibited under the Fisheries Management Act 1994, or(b) listed in table C.
9 Fish trapping prohibited in certain areas
A person must not, while in the following parts of the habitat protection zone of the marine park, take or attempt to take fish by use of a fish trap:(a) the area bound by the coordinates 29° 41′ 37.83″S, 153° 20′ 28.18″E and 29° 41′ 37.83″S, 153° 22′ 09.37″E and 29° 42′ 55.50″S, 153° 22′ 09.37″E and 29° 42′ 55.50″S, 153° 20′ 28.18″E, being the area that encompasses Sandon Shoals, as shown on map 1,(b) the area bound by the coordinates 29° 59′ 54.30″S, 153° 14′ 48.71″E and 29° 59′ 54.30″S, 153° 16′ 37.18″E and 30° 01′ 29.44″S, 153° 16′ 37.18″E and 30° 01′ 29.44″S, 153° 14′ 48.71″E, being the area that encompasses Chopper Rock, Surgeons Reef and North West Solitary Island, as shown on map 1,(c) within 500 metres of the mean high water mark of North Solitary Island, North West Rock, North West Solitary Island, South West Solitary Island, South Solitary Island or Split Solitary Island.
10 Crab trapping prohibited in Wooli Wooli River crab protection area
(1) A person must not, while in the Wooli Wooli River crab protection area, take or attempt to take crabs by use of a trap.(2) In this clause:Wooli Wooli River crab protection area means that part of the habitat protection zone starting from one kilometre downstream of “the forks”, from point 4E at 29° 50′ 24.24″S, 153° 14′ 36.40″E, then upstream to include the entire upper reaches of the Wooli Wooli River to the tidal limit, as shown on map 4.
11 Fish cleaning at Minnie Water Lagoon
(1) A person must not clean any fish or any fishing gear while in Minnie Water Lagoon except at a fish cleaning facility (if any) designated by the relevant Ministers for that purpose.(2) This clause does not prohibit:(a) the cleaning of fish while on a vessel if the fish (including any parts that are removed or discarded) are retained on the vessel, or(b) the cleaning of fishing gear while on a vessel.(3) In this clause:Minnie Water Lagoon means the tidal waters and tidal lands between 29° 46′ 20.61″S, 153° 17′ 55.57″E and 29° 46′ 37.36″S, 153° 18′07.60″E, extending seawards to include the exposed rocky reef.
12 Aquaculture
Despite clause 13 (Aquaculture) of this Regulation, aquaculture is not permissible in the habitat protection zone of the marine park.
Division 4 General Use Zone
13 Description of general use zone
The general use zone of the marine park is comprised of all parts of the marine park that are not included in the sanctuary zone, the habitat protection zone or the special purpose zone.
14 Taking of seaweed permitted
(1) A person may take seaweed from a beach (if any) in the general use zone of the marine park.(2) This clause applies despite clause 15 ((Protection of animals, plants and habitat in general use zone) of this Regulation.Note—Clause 15 of this Regulation makes it an offence to harm a plant or damage, take or interfere with any part of the habitat in the general use zone except with the consent of the relevant Ministers.
15 Fishing permitted
(1) A person may take fish in the general use zone of the marine park if the taking of the fish, and the method used to take the fish, is lawful under the Fisheries Management Act 1994.(2) This clause is subject to the other provisions of this Part. Accordingly, this clause is not to be construed as authorising any fishing activity that would contravene another provision of this Part.Note—Division 6 sets out some general restrictions on fishing in the marine park. Those provisions apply to the general use zone.
Division 5 Special purpose zone
16 Description of special purpose zones
The special purpose zones of the marine park are comprised of the following areas:Special purpose zone 1 (Sandon River Oyster Aquaculture)Special purpose zone 1 (Sandon River Oyster Aquaculture) is comprised of all oyster leases located in the Sandon River as identified in the NSW Fisheries aquaculture database at the commencement of this Part, as shown on map 2.Special purpose zone 2 (Wooli Wooli River Oyster Aquaculture)Special purpose zone 2 (Wooli Wooli River Oyster Aquaculture) is comprised of all oyster leases located in the Wooli Wooli River as identified in the NSW Fisheries aquaculture database at the commencement of this Part, as shown on map 4.Special purpose zone 3 (Pipe Clay Lake Habitat Rehabilitation)Special purpose zone 3 (Pipe Clay Lake Habitat Rehabilitation) comprises the whole of the tidal waters from the mouth of Pipe Clay Lake, upstream, including all of its creeks, bays and tributaries, as shown on map 6.Special purpose zone 4 (Arrawarra Headland)Special purpose zone 4 (Arrawarra Headland) is comprised of the area from the mean high water mark at the northern side of Arrawarra Headland at point 8A at 30° 03′ 34.14″S, 153° 12′ 06.66″E, seaward to point 8B at 30° 03′ 29.03″S, 153° 12′ 02.05″E, approximately 200 metres from the mean high water mark, then follows Arrawarra Headland at 200 metres from the mean high water to point 8C at 30° 03′ 40.30″S, 153° 12′ 14.85″E on the southern side of Arrawarra Headland, then to point 8D at the mean high water mark at Arrawarra Headland at 30° 03′ 34.38″S, 153° 12′ 11.81″E, as shown on map 8.
17 Zone objects
(1) The object of special purpose zone 1 (Sandon River Oyster Aquaculture) and special purpose zone 2 (Wooli Wooli River Oyster Aquaculture) is to provide for the management of aquaculture.(2) The object of special purpose zone 3 (Pipe Clay Lake Habitat Rehabilitation) is to provide for rehabilitation, traditional use and research.(3) The object of special purpose zone 4 (Arrawarra Headland) is to provide for traditional use and research.
18 Fishing in special purpose zones 1 and 2
A person must not, while in special purpose zone 1 (Sandon River Oyster Aquaculture) or special purpose zone 2 (Wooli Wooli River Oyster Aquaculture):(a) take or attempt to take any fish by any method that cannot lawfully be used to take fish in the habitat protection zone of the marine park, or(b) take or attempt to take any fish that cannot lawfully be taken in the habitat protection zone of the marine park.Note—For the relevant restrictions, see clause 12 of this Regulation, clauses 6 and 7 of this Part and table B.
19 Fishing in special purpose zones 3 and 4
A person must not, while in special purpose zone 3 (Pipe Clay Lake Habitat Rehabilitation) or special purpose zone 4 (Arrawarra Headland), take or attempt to take any fish except with the consent of the relevant Ministers.
20 Aquaculture
Despite clause 18C (Aquaculture) of this Regulation, aquaculture is not permissible in special purpose zone 3 (Pipe Clay Lake Habitat Rehabilitation) or special purpose zone 4 (Arrawarra Headland).
Division 6 General prohibitions—fishing
21 Identification of protected species
The following species of fish are identified as protected species for the purposes of clause 22A of this Regulation:(a) species listed in table C,(b) species the harming of which is prohibited under the Fisheries Management Act 1994.Note—Clause 22A of this Regulation prohibits a person in a marine park from taking or harming, or attempting to take or harm, any species identified in a zoning plan as a protected species. A contravention of that prohibition is designated as a serious offence.
22 Setlining, purse seine netting and drift-lining
A person must not, while in any part of the marine park, take or attempt to take fish, as follows:(a) by use of a set line,(b) by use of a purse seine net,(c) by use of a drift line.
23 Beach hauling prohibited at certain times
(1) A person must not, while in any part of the marine park, take or attempt to take fish by the method known as beach hauling:(a) at night, or(b) on a Saturday, Sunday or public holiday.(2) Despite subclause (1), a shot may be held on a Sunday night, but the net must not be cast during the night.(3) In this clause:night means the period between sunset and sunrise.
24 Fish trapping
A commercial fisher must not set more than 10 fish traps within the boundaries of the marine park at any one time.
25 Spearfishing not permitted in estuaries
(1) A person must not take or attempt to take fish from an estuary in the marine park by use or a spear or spear gun.(2) In this clause:estuary means the waters of any lake, river, creek or lagoon that are ordinarily subject to tidal influence.
26 Wire traces not permitted near South Solitary Island and North Solitary Island
(1) A person must not, while in any part of the marine park that is within 500 metres of the mean high water mark of South Solitary Island or North Solitary Island, take or attempt to take fish, while demersal fishing, using any fishing gear that has attached to it a wire trace.(2) This clause does not apply in respect of the use of a wire trace for trolling purposes from a vessel that is underway.Note—The purpose of this clause is to protect the grey nurse shark. The use of a wire trace makes it easier to catch and land sharks, and difficult to release them without injury.
27 Taking fish for aquarium collection prohibited
(1) A person must not, while in any part of the marine park, take or attempt to take any fish for aquarium collection purposes.(2) A person does not commit an offence in respect of a contravention of subclause (1) if:(a) the fish the subject of the charge were taken while in the habitat protection zone or general use zone, and(b) the activity was not carried out for a commercial purpose, and(c) the activity was carried out with the consent of the relevant Ministers.
Division 7 Domesticated animals
28 Areas in which domesticated animals prohibited
(1) A person may bring a domesticated animal into the marine park, except as provided by subclause (2).(2) A person must not bring a domesticated animal into the following areas:(a) Sandon Beach,(b) Minnie Water Back Beach,(c) North Wooli Beach (adjacent to Yuraygir National Park),(d) Jones Beach,(e) Freshwater Beach,(f) Pebbly Beach,(g) Station Creek Beach,(h) Woolgoolga Beach—south of Woolgoolga Lake,(i) Sandy Beach,(j) Back Sandy Beach (Fiddamans Beach),(k) Emerald Beach—south of Fiddamans Creek,(l) Shelly Beach (Serenity Beach),(m) Diggers Beach,(n) Park Beach—north of Coffs Creek.(3) Despite subclause (2), a person may bring a domesticated animal into any part of the marine park:(a) if the animal is an assistance animal (within the meaning of the Companion Animals Act 1998) being used by a person with a disability (within the meaning of the Disability Discrimination Act 1992 of the Commonwealth), or(b) if the animal remains confined to a vessel, or(c) with the consent of the relevant Ministers.(4) This clause applies despite clause 22 (Domesticated animals) of this Regulation.Note—Clause 22 of this Regulation makes it an offence to bring a domesticated animal into a marine park except with the consent of the relevant Ministers.(5) This clause is subject to the following:(a) the provisions of the Companion Animals Act 1998,(b) any notice relating to the use of animals erected by a council under section 632 of the Local Government Act 1993.Note—Sections 14 and 30 of the Companion Animals Act 1998 prohibit cats and dogs in certain public places.Note—Section 632 of the Local Government Act 1993 gives a council power to prohibit the bringing of domestic animals into public areas. The council is required to erect notices in the area concerned indicating that domestic animals are prohibited in the area.
Division 8 Use of vessels and vehicles
29 Use of personal watercraft in estuaries prohibited
(1) A person must not use a motorised vessel that is a personal watercraft in any estuary in the marine park.(2) Despite subclause (1), a person may use a personal watercraft in an estuary if the use is solely for the purpose of travelling, at a speed not exceeding 4 knots, between the ocean and the lowest boat ramp on the Sandon River, Wooli Wooli River or Corindi River.(3) For the purposes of this clause, a boat ramp is the lowest boat ramp on a river if it is the farthest downstream of all boat ramps on the river.Note—Clause 27 of this Regulation makes it an offence to use any motorised vessel in a marine park in contravention of the zoning plan for the marine park.
30 Areas in which use of vehicles prohibited
(1) A person must not use a motorised vehicle on any of the following beaches in such a manner as to exceed a speed of 25 kilometres per hour, when within 100 metres of pedestrians, or 50 kilometres per hour at other times:(a) Sandon Beach(b) Minnie Water Beach,(c) Wooli Beach,(d) Station Creek Beach,(e) Woolgoolga Back Beach,(f) Hearns Lake Beach,(g) Charlesworth Bay.(2) A person must not use a motorised vehicle on the following beaches, except for the purpose of launching a boat:(a) Diggers Camp Beach,(b) Pebbly Beach (within 200 metres from Station Creek Headland),(c) Arrawarra Beach,(d) Woolgoolga Beach,(e) Sandy Beach,(f) Emerald Beach.(3) This clause does not apply in respect of an authorised vehicle, a police vehicle or an emergency vehicle.(4) This clause is subject to any notice relating to the use of vehicles erected by:(a) a park authority under clause 4 of the National Parks and Wildlife (Land Management) Regulation 1995, or(b) a council under section 632 of the Local Government Act 1993.Note—Section 632 of the Local Government Act 1993 gives a council power to prohibit the use of vehicles in public places. The council is required to erect notices in the area concerned indicating that the use of vehicles in the area is prohibited.(5) In this clause:means a vehicle being used by an officer, employee or other authorised person acting on behalf of any of the following:(a) the Authority,(b) the National Parks and Wildlife Service,(c) NSW Fisheries,(d) Pristine Waters Council,(e) Coffs Harbour City Council,(f) any other government agency,(g) a surf life saving club.emergency vehicle has the meaning given by the Road Transport (Vehicle Registration) Regulation 1998.police vehicle has the meaning given by the Road Transport (Vehicle Registration) Regulation 1998.Note—Clause 27 of this Regulation makes it an offence to use any motorised vehicle in a marine park in contravention of the zoning plan for the marine park.
Division 9 Tables
Table A—Plants that may be taken in habitat protection zone
Common name | Class/Family | Species |
Sea lettuce | Ulva lactuca | |
Bait weed | Enteromorpha intestinalis |
Table B—Fish that may be taken in habitat protection zone
Common name | Class/Family | Species |
Finfish | Class Osteichthyes | All species |
Sharks and rays | Class Chondrichthyes | All species |
Eastern rock lobster | Jasus verreauxi | |
Slipper lobster | Scyllarus spp. | |
Painted rock lobster | Panulirus spp. | |
Prawns | Family Penaeidae | All species |
Squid | Family Sepiidae | All species |
Pipis | Family Donacidae | All species |
Beach worms | Family Onuphidae | All species |
Eels | Family Anguillidae | All species |
Mangrove worms | Teredo spp. | |
Mud crabs | Scylla serrata | |
Blue swimmer crabs | Portunus pelagicus | |
Spanner crabs | Ranina ranina | |
Marine yabbies (nippers) | Callianassa spp. | |
Oysters | Saccostrea spp. and Crassostera spp. | |
Turban shell (Googoombull) | Family Turbinadae | Turbo spp. |
Abalone | Haliotis rubra | |
Periwinkles | Austrocochlea spp. |
Table C—Protected fish
Common name | Class/Family/Order | Species | |
Corals | Class Anthozoa | ||
Soft corals and gorgonians | Subclass Octocorallia | ||
Hard corals | Order Scleractinia | ||
Black corals | Order Antipatharia | ||
Sea anemones | Order Actinaria | ||
Zoanthids | Order Zoanthidea | ||
Corallimorphs | Order Corallimorpharia | ||
All pipefishes and seahorses | Family Syngnathidae | ||
Giant clam | Family Tridacnidae | ||
Broad-banded anemone fish | Amphiprion latezonatus | ||
Division 10 Maps
Map 1: Solitary Islands Marine Park (Overview)
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Map 2: Sandon River System (Northern Section)
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Map 3: Northern Section
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Map 4: Wooli Wooli River and Diggers Camp (Northern Section)
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Map 5: Station Creek
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Map 6: Corindi River System and Pipe Clay Lake
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Map 7: Central Section (including Jones Beach and Jones Point)
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Map 8: Arrawarra Headland, Flat Top Point, other headlands and coastal lagoons (Central Section)
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Map 9: Southern Section
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Map 10: Southern Section including Coffs Creek, Pine Brush Creek and Jordans Creek
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Map 11: North Solitary Island and North West Rock
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Map 12: North West Solitary Island
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Map 13: South West Solitary Island (Groper Islet)
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Map 14: South Solitary Island
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Map 15: Split Solitary Island
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Map 16: Habitat Protection Zone
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Division 11 Miscellaneous
31 Transitional
(1) Despite any other provision of this Regulation, the relevant Ministers may, for the purpose of assisting in the transition consequent on the commencement of the provisions of this Part, consent to any person or class of persons carrying out any activity in the marine park.(2) Clause 37A of this Regulation (relating to permits) applies in respect of the consent of the relevant Ministers, subject to subclause (3).(3) A permit granted pursuant to a consent given by the relevant Ministers under this clause is to specify the period in which it remains in force. The period is not to exceed 12 months after the commencement of this Part.(4) For avoidance of doubt, subclause (3) does not apply in respect of a permit granted pursuant to a consent given by the relevant Ministers under another provision of this Regulation.(5) It is a defence to a prosecution for an offence against this Regulation if the person charged proves that the act or omission constituting the offence was authorised by, and was done or omitted in accordance with, a permit granted pursuant to a consent given by the relevant Ministers under this clause.
Part 2 Jervis Bay Marine Park Zoning Plan
Note—
The GPS coordinates used to describe the boundaries of the Jervis Bay Marine Park in Part 1 of Schedule 4 to the Act are in datum AGD 66. The GPS coordinates used to describe the boundaries of the zones of the marine park in this Part are in datum WGS 84, which is the datum more commonly used by marine park users.
Division 1 Preliminary
1 Definitions
(1) In this Part:extensive aquaculture has the same meaning as it has in the Fisheries Management (Aquaculture) Regulation 2002.intensive aquaculture has the same meaning as it has in the Fisheries Management (Aquaculture) Regulation 2002.map means a map set out in Division 11.marine park means the Jervis Bay Marine Park, as described in Part 1 of Schedule 4 to the Act.set line has the same meaning as it has in the Fisheries Management (General) Regulation 2002.table means a table set out in Division 10.(2) In this Part, a reference to a net or trap is a reference to that net or trap as described under the Fisheries Management Act 1994.
Division 2 Sanctuary zones
2 Description of sanctuary zones
The sanctuary zones of the marine park are comprised of the following areas:Hammer HeadFrom point 2A at 34° 58′ 34″S, 150° 47′ 09″E 500 metres due east of the southern side of Bulls Waterhole, then generally south following the shoreline at 500 metres from the mean high water mark to point 2B at 34° 59′ 18″S, 150° 47′ 29″E, then due east approximately 0.9 km to point 2C at 34° 59′ 18″S, 150° 48′ 03″E, then due south approximately 1.2 kilometres to point 2D at 34° 59′ 59″S, 150° 48′ 03″E then due west to point 2E at the intersection of 34° 59′ 59″S latitude and the mean high water mark, then generally north following the mean high water mark to point 2F intersecting 34° 58′ 34″S latitude, returning to point 2A, as shown on map 2.Blacks Cave CreekThe whole of the tidal waters and tidal lands of Blacks Cave Creek, including all its creeks, bays and tributaries upstream of the intersection of 35° 01′ 10″S latitude and the mean high water mark on the western bank at point 3A and the eastern bank at point 3B, as shown on map 3.Drum and Drum SticksFrom the mean high water mark to 50 metres seaward around Drum and Drum Sticks, as shown on map 4.Point Perpendicular—Crocodile HeadFrom point 5A at the intersection of 35° 04′ 35″S latitude and the marine park boundary, approximately 1.5 kilometres east of the mean high water mark of the south-eastern extremity of Crocodile Head, then generally south-west approximately 3 kilometres to point 5B at the intersection of 35° 05′ 41″S latitude and the marine park boundary, then due west to the southern extremity of Point Perpendicular to point 5C at the intersection of 35° 05′ 41″S latitude and the mean high water mark, then generally north-east following the mean high water mark to point 5D intersecting 35° 04′ 35″S latitude, returning to point 5A, as shown on map 5.The DocksFrom point 6A at 35° 04′ 59″S, 150° 47′ 45″E, then generally north-west on a bearing of 312° to the intersection of the mean high water mark at point 6B (on the southern extremity of the headland, approximately 400 metres west of Bream Creek - Boat Harbour), then generally south-east following the mean high water mark to point 6C (on the northern side of Gardeners Gully), at the intersection of a bearing of 132° from point 6A, including all creeks, bays and tributaries to the mean high water mark and the tidal limits then, returning generally north-west to point 6A, as shown on map 6.Groper CoastFrom point 7A at 35° 03′ 34″S, 150° 46′ 21″E, then due east 300 metres to point 7B intersecting 35° 03′ 34″S latitude and the mean high water mark (approximately 200 metres south of Honeymoon Bay), then generally south following the shoreline at the mean high water mark to the southern-most part of Dart Point to point 7C intersecting 35° 04′ 43″S latitude, then 300 metres due west to point 7D at 35° 04′ 43″S, 150° 46′ 11″ E then generally north at a distance of 300 metres from the mean high water mark returning to point 7A, as shown on map 7.Hare BayFrom point 8A at 35° 01′ 42″S, 150° 44′ 57″E (approximately 3.3 kilometres west of “the Ladders”), then approximately 4.1 kilometres due north to the mean high water mark at Red Point at point 8B intersecting 150° 44′ 57″E longitude, then following the mean high water mark generally south-east, including all creeks, bays and tributaries of Carama Inlet to the mean high water mark and to the tidal limits, to point 8C intersecting 35° 01′ 42″S latitude at “the Ladders”, approximately 250 metres south of Montagu Point, then due west returning to point 8A, as shown on map 8.Wowly GullyFrom the mean high water mark on the western bank of Wowly Gully at point 9A at 34° 59′ 43″S, 150° 43′ 42″E then generally north-east to the mean high water mark on the eastern bank to point 9B at 34° 59′ 42″S, 150° 43′ 45″E including all creeks, bays and tributaries to the mean high water mark and tidal limits, as shown on map 9.Upper Currambene CreekThe whole of the tidal waters and tidal lands to the mean high water mark of Upper Currambene Creek, including all its creeks, bays and tributaries upstream of the intersection of 150° 38′ 37″E longitude and the mean high water mark on the northern bank at point 10A and the southern bank at point 10B, as shown on map 10.Currambene Creek MudflatsFrom a port navigation marker at point 11A at 35° 01′ 33″S, 150° 40′ 05″E in Currambene Creek, then generally south east to a port navigation marker at point 11B at 35° 01′ 34″S, 150° 40′ 09″E, then continuing south east to a port navigation marker at point 11C at 35° 01′ 36″S, 150° 40′ 16″E, then generally south to a port navigation marker at point 11D at 35° 01′ 41″S, 150° 40′ 21″E, then generally south to a port navigation mark at point 11E at 35° 01′ 49″S, 150° 40′ 19″E, then generally south to a port navigation maker at point 11F at 35° 01′ 52″S, 150° 40′ 17″E, then generally south to point 11G at 35° 02′ 01″S, 150° 40′ 13″E, then due west to intersect 35° 02′ 01″S latitude and the mean high water mark at point 11H (in line with the channel draining the Fish Reserve at the Lady Denman Heritage Complex), then generally north following the mean high water mark to point 11I (approximately 100 metres downstream of the Woollamia Regional Boat Ramp) intersecting with a line bearing 230° from point 11A, then returning generally north east to point 11A, as shown on map 11.HuskissonFrom point 11J at 35° 01′ 46″S, 150° 40′ 52″E (approximately 1.1 kilometres north east of the southern bank of the entrance to Currambene Creek), then due east approximately 1 km to point 11K at 35° 01′ 46″S, 150° 41′ 32″E, then due south approximately 1.3 kilometres to point 11L at 35° 02′ 28″S, 150° 41′ 32″E, then generally south-west approximately 1.3 km to point 11M at 35° 02′ 44″S, 150° 40′ 43″E, then generally north-west to point 11N at the intersection of a bearing of 325° from point 11M to the mean high water mark, then following the mean high water mark to the southern bank of the entrance to Currambene Creek to point 11O at the intersection of a bearing of 220° from point 11J and the mean high water mark, then returning generally north-east to point 11J, described above, as shown on map 11.Moona Moona CreekThe whole of the tidal lands and tidal waters to mean high water mark, including all creeks, bays and tributaries of Moona Moona Creek upstream of a line from point 12A 35° 03′ 05″S, 150° 40′ 27″E (approximately 50 metres upstream of the western side of the road bridge) generally north-west on a bearing of 330° to the intersection of the mean high water mark on the northern bank of Moona Moona Creek at point 12B, then generally south-east on a bearing of 150° to the intersection of the mean high water mark on the southern bank to point 12C, as shown on map 12.Hyams BeachFrom a navigation marker approximately 1 kilometre east of Plantation Point at point 13A at 35° 04′ 22″S, 150° 42′ 24″E. then due east approximately 2 kilometres to point 13B at 35° 04′ 22″S, 150° 43′ 44″E, then due south to the intersection of 150° 43′ 44″E longitude and the Commonwealth waters boundary at point 13C, then generally south-west along the Commonwealth boundary to the intersection of HMAS Creswell special purpose zone at point 13D, described below, then following the boundary of the special purpose zone to point 13E, described below, at the intersection of the Commonwealth waters boundary, then generally northwards following the shoreline at a distance of 100 metres from the mean high water mark along Sailors Beach, Hyams Beach and Chinamans Beach to point 13F at an intersection with 35° 05′ 34″S latitude, then due west 100 metres to point 13G at the intersection of 35° 05′ 34″S latitude and the mean high water mark, then generally north following the mean high water mark to point 13H at the intersection of a bearing of 240° from point 13A and the mean high water mark, then returning to point 13A, described above, as shown on map 13.Bowen IslandFrom point 14A,100 metres due east of the mean high water mark at “the Tumbledown” on latitude 35° 07′ 10″S, then generally south-west at a distance of 100 metres from the mean high water mark then the Commonwealth waters boundary to point 14B at the intersection with the mean high water mark on Governor Head, then generally north following the shoreline at the mean high water mark to point 14C at the intersection of the mean high water mark and the Commonwealth waters boundary, then following the Commonwealth boundary generally north-east and at the mean high water mark on Bowen Island to point 14D at the intersection of the mean high water mark and 35° 07′ 10″S latitude, then returning to point 14A, described above, as shown on map 14.St Georges Head—Steamers HeadFrom point 15A due south of the eastern extremity of Steamers Head at the intersection of 150° 44′ 18″ longitude and the marine park boundary, then generally south-west following the marine park boundary to point 15B at 35° 12′ 48.3″S, 150° 41′ 46.2″E, then due north to St Georges Head to point 15C at the intersection of 150° 41′ 46.2″E longitude and the mean high water mark, then following the mean high water mark generally north-east to the eastern extremity of Brooks Rock to point 15D at the intersection of 35° 10′ 44″S latitude and the mean high water mark, then on a bearing of 89° to the western extremity of Steamers Head to intersect with mean high water mark at point 15E, then following the shoreline at the mean high water mark to the eastern extremity of Steamers Head to point 15F at the intersection of 150° 44′ 18″E longitude and the mean high water mark, then returning to point 15A, described above, as shown on map 15.
Division 3 Habitat protection zone
3 Description of habitat protection zones
The habitat protection zone of the marine park is comprised of all parts of the marine park that are not included in a sanctuary zone, general use zone or special purpose zone.
4 Taking of certain plants permitted
Note—Clause 11 of this Regulation makes it an offence to harm a plant or damage, take or interfere with any part of the habitat in a habitat protection zone except with the consent of the relevant Ministers or in accordance with the zoning plan for the marine park. This clause makes it clear that taking of sea lettuce, baitweed and seaweed is permitted in the habitat protection zone.(1) A person may take plants of a species listed in table A in the habitat protection zone of the marine park.(2) A person may take seaweed from a beach in the habitat protection zone of the marine park.(3) This clause applies despite clause 11 (Protection of animals, plants and habitat in habitat protection zone) of this Regulation.Note—The taking of plants in a habitat protection zone of the marine park is subject to the provisions of the Fisheries Management Act 1994 and the regulations under that Act.
5 Permitted fishing activities
Note—Clause 12 of this Regulation makes it an offence to take or attempt to take fish in a habitat protection zone unless the person is engaging in a permitted fishing activity referred to in that clause. A permitted fishing activity includes the taking of fish by a method that is permitted by the zoning plan for a marine park. This clause sets out such permitted fishing activities (in addition to those described in clause 12).(1) Clause 12 (1) of this Regulation (relating to permitted fishing activities) applies to the habitat protection zone of the marine park subject to the provisions of this Part. Accordingly, that subclause is not to be construed as authorising any fishing activity that would contravene a provision of this Part.(2) Subject to clause 6 of this Part, the following fishing activities are permitted in the habitat protection zone of the marine park:(a) NettingThe taking of any fish of a kind that may lawfully be taken in the habitat protection zone by use of one of the following nets, if the use of the net to take that fish is lawful under the Fisheries Management Act 1994:(i) push or scissors net (prawns),(ii) hoop or lift net,(iii) spanner crab net.(b) Bait trappingThe taking of fish by use of a bait trap, but only if the fish are taken for use as bait by the fisher (and not for the purposes of sale).(c) Fish trappingThe taking of fish by the use of a fish trap.(d) Eel trappingThe taking of eels by use of an eel trap.(e) Lobster trappingThe taking of lobsters by use of a trap.(f) Crab trappingThe taking of mud crabs and blue swimmer crabs by use of a trap.Note—The taking of fish in a habitat protection zone of the marine park is subject to the provisions of the Fisheries Management Act 1994 and the regulations under that Act.
6 Prohibited fishing activities
Note—1Clause 12 (2) of this Regulation makes it an offence to take or attempt to take fish while in the habitat protection zone unless the person complies with any restrictions imposed on that activity by the zoning plan for the marine park. This clause imposes such restrictions.2Clause 12 (3) of this Regulation provides that a person does not commit an offence under clause 12 for anything done with the consent of the relevant Ministers.(1) A person must not, while in the habitat protection zone, take or attempt to take:(a) any fish the harming of which is prohibited under the Fisheries Management Act 1994, or(b) any fish of a species not listed in table B.(2) A person must not, while in the habitat protection zone, take or attempt to take a fish by the use of any hauling net unless:(a) the person holds a permit issued under section 37 of the Fisheries Management Act 1994 that expressly permits commercial hauling at a location that is in a habitat protection zone in the marine park and the person was first issued with a permit of that kind within 12 months after the commencement of this subclause, and(b) the person is taking or attempting to take fish at one of the following beaches:(i) Currarong Beach (outside the sanctuary zone),(ii) Long Beach (outside the sanctuary zone),(iii) North Western Hare Bay Beach (between Wowly Gully and Red Point),(iv) Callala Beach (but not within 300 metres of Currambene Creek),(v) Whiting Beach,(vi) Mary Beach,(vii) Bherwerre Beach (but not within 300 metres of the north-eastern end of the beach).(3) A person must not, in the habitat protection zone, take or attempt to take fish by the method known as gar fish net (hauling) or bull ringing unless:(a) the person holds a permit issued under section 37 of the Fisheries Management Act 1994 that expressly permits gar fishing at a location that is in a habitat protection zone in the marine park and the person was first issued with a permit of that kind within 12 months after the commencement of this subclause, and(b) the person is taking gar fish only in one of the following areas:(i) Longnose Point to the western edge of The Docks sanctuary zone,(ii) between Currarong Creek and Gum Getters Inlet.(4) A person must not, in the habitat protection zone, take or attempt to take fish by use of a submersible lift net (bait) unless:(a) the person holds a permit issued under section 37 of the Fisheries Management Act 1994 that expressly permits the taking of fish by use of a submersible lift net (bait) at a location that is in a habitat protection zone in the marine park and the person was first issued with a permit of that kind within 12 months after the commencement of this subclause, and(b) the person takes the fish for use as bait by the fisher (and not for the purposes of sale), and(c) the person is taking or attempting to take the fish in a designated area described in table E.(5) A person must not, in the habitat protection zone, take or attempt to take fish by use of a purse seine net unless:(a) the person holds a permit issued under section 37 of the Fisheries Management Act 1994 that expressly permits the taking of fish by use of a purse seine net at a location that is in a habitat protection zone in the marine park, and(b) the fish are taken for use as bait by the fisher (and not for the purposes of sale), and(c) the person takes or attempts to take fish in a designated area described in table E.(6) A person must not, in the Hyams Beach habitat protection zone, take or attempt to take fish by spearfishing.
7 Aquaculture
Despite clause 13 (Aquaculture) of this Regulation, aquaculture is not permissible in the habitat protection zone of the marine park, except extensive aquaculture of shellfish on long-lines.Note—The Jervis Bay Marine Park Operational Plan made under Part 4 of the Act provides for operational matters in relation to the carrying out of aquaculture activities in the marine park.
Division 4 General Use Zone
8 Description of general use zones
The general use zones of the marine park comprise the following areas:From point 16A at 34° 57′ 48″S, 150° 47′ 16″E, at the boundary of the marine park, then generally south-east, following the boundary of the marine park, to point 16B at 34° 59′ 30″S, 150° 50′ 34″E, then due south to point 16C at 34° 59′ 58″S, 150° 50′ 34″E, then generally west and north following the shoreline at a distance of 500 metres from the mean high water mark, then following the eastern boundary of Hammer Head sanctuary zone, as described above, then generally north following the shoreline at a distance of 500 metres from the mean high water mark returning to point 16A, as described above, as shown on map 16.From point 16D at the intersection of 150° 39′ 56″E longitude and the southern boundary of the marine park, then generally north and west following the shoreline at a distance of 2.5 kilometres from the mean high water mark from the southern extremity of St Georges Head around Kittys Point, Blacks Harbour, Shelleys Point, Summercloud Bay, Mary Bay, Cave Beach, Bherwerre Beach and Sussex Inlet to the intersection of 150° 37′ 30″E longitude and the boundary of the marine park at point 16E, then returning generally south-east to point 16D, described above, as shown on map 16.
9 Fishing permitted
(1) A person must not take fish in the general use zone of the marine park if the taking of the fish, and the method used to take the fish, is unlawful under the Fisheries Management Act 1994.(2) This clause is subject to the other provisions of this Part. Accordingly, this clause is not to be construed as authorising any fishing activity that would contravene another provision of this Part.
Division 5 Special Purpose Zone
10 Description of special purpose zones
The special purpose zones of the marine park comprise the following areas:Huskisson WharfFrom point 11H described above, then generally south following the shoreline at the mean high water mark to the entrance of Currambene Creek to point 11O described above, then on a bearing of 337° intersecting the mean high water mark of the northern bank of Currambene Creek at point 11P, then generally north following the mean high water mark on the eastern bank of Currambene Creek to point 11Q, at the intersection of 35° 02′ 01″S latitude and the mean high water mark, then returning due west to point 11H, as described above, as shown on map 11.HMAS CreswellFrom point 13I 35° 07′ 19″S, 150° 42′ 20″E (HMAS Creswell boat harbour) on the Commonwealth boundary, then generally north-east 500 metres following the boundary of Commonwealth waters to point 13D 35° 07′ 17″S, 150° 42′ 36″E, then generally north then west at approximately 500 metres radius around the HMAS Creswell boat harbour, to point 13E 35° 07′ 22″S, 150° 42′ 04″E at the intersection of the boundary of Commonwealth waters and Hyams Beach sanctuary zone, then following the boundary of Commonwealth waters generally north-east returning to point 13I, described above, as shown on map 13.
11 Zone objects
(1) The object of the Huskinson Wharf special purpose zone is to provide for the management of boating and wharf related requirements.(2) The object of the HMAS Creswell special purpose zone is to provide for the safe operations and maintenance of naval infrastructure.
12 Permitted fishing activities
(1) A person must not, while in a special purpose zone in the marine park, take, or attempt to take, any fish unless the person is engaging in a permitted fishing activity (as referred to in subclause (2)).(2) The fishing activities that are permitted in a special purpose zone of the marine park are the fishing activities that are permitted in a habitat protection zone of the marine park, subject to clauses 13 and 15 of this Part.
13 Anchoring vessels prohibited in HMAS Creswell special purpose zone
A person must not anchor a vessel in HMAS Creswell special purpose zone.
14 Aquaculture
Aquaculture is not permitted in the Huskisson Wharf special purpose zone or HMAS Creswell special purpose zone.Note—Clause 18C of this Regulation permits aquaculture in a special purpose zone of a marine park, but only with the consent of the relevant Ministers.
Division 6 General prohibitions
15 Drift-lining, estuary mesh netting and scallop dredging
A person must not, while in any part of the marine park, take or attempt to fish, as follows:(a) by use of a drift line,(b) by use of an estuary mesh net,(c) by dredging for scallops.
16 Beach hauling prohibited at certain times
(1) A person must not, while in any part of the marine park, take or attempt to take fish by the method known as beach hauling:(a) at night, or(b) on a Saturday, Sunday or public holiday.(2) Despite subclause (1), a shot may be held on a Sunday night, but the net must not be cast during the night.(3) In this clause:night means the period between sunset and sunrise.
17 Fish trapping
A commercial fisher must not set more than 10 fish traps within the boundaries of the marine park at any one time.
18 Spearfishing not permitted in lakes, rivers, creeks or lagoons
A person must not take or attempt to take fish from a lake, river, creek or lagoon in the marine park by use of a spear or spear gun.
19 Shell, shell grit and fossil collecting restricted
(1) A person may collect shell or shell grit for recreational purposes while in the marine park, other than in the sanctuary zone.(2) A person may collect fossils only for research purposes while in the marine park.(3) Subclause (1) is subject to the Fisheries Management Act 1994.Note—Pursuant to clause 23 (Organised research activities) of this Regulation a person requires the consent of the Minister before carrying out research referred to in subclause (2) if the research is for any purpose other than the person’s personal interest or enjoyment.
20 Taking fish for aquarium collection prohibited
(1) A person must not, while in any part of the marine park, take or attempt to take any fish for aquarium collection purposes.(2) A person does not commit an offence against subclause (1) if:(a) the fish were taken while in the habitat protection zone or general use zone, and(b) the activity was not carried out for a commercial purpose, and(c) the activity was carried out with the consent of the relevant Ministers.
Division 7 Species protection
21 Identification of protected species
The following species of fish are identified as protected species for the purposes of clause 22A of this Regulation:(a) species listed in table C,(b) species the harming of which is prohibited under the Fisheries Management Act 1994.Note—Clause 22A of this Regulation prohibits a person in a marine park from taking or harming, or attempting to take or harm, any species identified in a zoning plan as a protected species. A contravention of that prohibition is designated as a serious offence.
Division 8 Domesticated animals
22 Areas in which domesticated animals prohibited
(1) A person may bring a domesticated animal into the marine park, except as provided by subclause (2).(2) A person must not bring a domesticated animal into the following areas:(a) the rock platform at Green Point,(b) the Currambene Creek Mudflats sanctuary zone,(c) the sand spit at the southern end of Callala Beach.(3) Despite subclause (2), a person may bring a domesticated animal into any part of the marine park:(a) if the animal is an assistance animal (within the meaning of the Companion Animals Act 1998) being used by a person with a disability (within the meaning of the Disability Discrimination Act 1992 of the Commonwealth), or(b) if the animal remains confined to a vessel, or(c) with the consent of the relevant Ministers.(4) This clause applies despite clause 22 (Domesticated animals) of this Regulation.Note—Clause 22 of this Regulation makes it an offence to bring a domesticated animal into a marine park except with the consent of the relevant Ministers.(5) This clause is subject to the following:(a) the provisions of the Companion Animals Act 1998,(b) any notice relating to the use of animals erected by a council under section 632 of the Local Government Act 1993.Note—1Sections 14 and 30 of the Companion Animals Act 1998 prohibit cats and dogs in certain public places.2Section 632 of the Local Government Act 1993 gives a council power to prohibit the bringing of domestic animals into public areas. The council is required to erect notices in the area concerned indicating that domestic animals are prohibited in the area.
Division 9 Use of vessels and vehicles
23 Areas in which personal watercraft are prohibited
For the purposes of clause 27 of this Regulation, a person must not use a motorised vessel that is a personal watercraft in a sanctuary zone in the marine park unless:Note—Clause 27 of this Regulation makes it an offence to use any motorised vessel in a marine park in contravention of the zoning plan for the marine park.(a) the personal watercraft is transiting directly to or from the location where it was launched, and(b) the personal watercraft is being used in such a manner as not to exceed a speed of 10 knots per hour.
24 Cruise ships
For the purposes of clause 27 of this Regulation, a person must not use a motorised vessel that is a cruise ship in the marine park, except with the consent of the relevant Ministers.Note—Clause 27 of this Regulation makes it an offence to use any motorised vessel in a marine park in contravention of the zoning plan for the marine park.
25 Hovercraft
For the purposes of clause 27 of this Regulation, a person must not use a motorised vessel that is a hovercraft in the marine park, except with the consent of the relevant Ministers.Note—Clause 27 of this Regulation makes it an offence to use any motorised vessel in a marine park in contravention of the zoning plan for the marine park.
26 Areas in which use of vehicles prohibited
Note—Clause 27 of this Regulation makes it an offence to use any motorised vehicle in a marine park in contravention of the zoning plan for the marine park.(1) A person must not use a motorised vehicle in the marine park, except for the purpose of launching and retrieving vessels from designated boat-launching facilities.(2) This clause does not apply to or in respect of:(a) an authorised vehicle, a police vehicle or an emergency vehicle, or(b) a commercial fisher (within the meaning of the Fisheries Management Act 1994) who may lawfully use a vehicle on a beach in connection with his or her fishing activities.(3) In this clause:means a vehicle being used by an officer, employee or other authorised person acting on behalf of any of the following:(a) the Authority,(b) the National Parks and Wildlife Service,(c) NSW Fisheries,(d) Shoalhaven City Council,(e) the Department of Land and Water Conservation,(f) the Commonwealth Department of Defence.designated boat-launching facility means a facility in the marine park designated by the Authority or another relevant government agency as appropriate for boat-launching.emergency vehicle has the meaning given by the Road Transport (Vehicle Registration) Regulation 1998.police vehicle has the meaning given by the Road Transport (Vehicle Registration) Regulation 1998.
27 Anchoring and mooring
(1) A person must not anchor a vessel within a sanctuary zone in the marine park, except in a designated anchoring area described in table D.(2) A person is permitted to moor a vessel in a sanctuary zone at a mooring provided by the Authority or the Waterways Authority for that purpose.(3) A person must not moor a vessel at a mooring owned by the Authority for more than 24 hours.Note—Subclause (3) applies despite clause 28 (1) (b) of this Regulation which provides that a person must not attach a vessel, for a period of more than 12 hours, to a mooring or other facility in a marine park that is owned or managed by the Authority.
28 Vessels not to be anchored at certain sites
(1) A person must not anchor a vessel within The Tubes Seasonal Anchoring Area from 1 November to 30 April in any year (both dates inclusive).(2) In this clause, The Tubes Seasonal Anchoring Area is comprised of an area from point 6A described above generally south-east to point 6C described above, then generally south following the mean high water mark to the intersection of 35° 05′ 23″S latitude and the mean high water mark at point 6D, then due west to point 6E at 35° 05′ 23″S, 150° 47′ 45″E, then due north returning to point 6A, described above, as shown on map 6.
Division 10 Tables
Table A—Plants that may be taken in habitat protection zone
Common name | Class/family | Species |
Sea lettuce | Ulva lactuca | |
Baitweed | Enteromorpha intestinalis |
Table B—Fish that may be taken in habitat protection zone
Common name | Class/family | Species |
Finfish | Class Osteichthyes | |
Sharks and rays | Class Chondrichthyes | |
Beach worms | Family Eunicidae | All species |
Eastern rock lobsters, Southern rock lobsters | Family Palinuridae | Jasus verreauxi Jasus edwardsii |
Mud crabs, Blue swimmer crabs | Family Portunidae | Scylla serrata Portunus pelagicus |
Red crabs | Family Grapsidae | Plagusia chabrus |
Prawns | Family Penaeidae | All species |
Ghost shrimp, marine yabbies, nippers | Family Callianassidae | All species |
Arrow squid, Southern calamari | Family Loliginidae | Nototodarus gouldi Sepioteuthis australis |
Abalone | Family Haliotidae | All species |
Turban shell | Family Turbinadae | All species |
Pipis | Family Donacidae | Donax deltoides |
Commercial scallops, Doughboy scallops | Family Pectinidae | Pecten fumatus Chlamys asperrimus |
Blue mussels | Family Mytilidae | Mytilus planulatus |
Sydney cockles | Family Arcidae | Anadara trapezia |
Mud oysters | Family Ostreidae | Ostrea angasi |
Sea urchins | Class Echinoidea | Centrostephanus rodgersii Heliocidaris erythrogramma |
Spanner crab | Family Raninidae | Ranina ranina |
Table C—Protected fish
Common name | Class/Family/Order | Species | |
Corals | Class Anthozoa | ||
Soft corals and gorgonians | Subclass Octocorallia | ||
Hard corals | Order Scleractinia | ||
Black corals | Order Antipatharia | ||
Sea anemones | Order Actinaria | ||
Zoanthids | Order Zoanthidea | ||
Corallimorphs | Order Corallimorpharia | ||
All seahorses and pipefishes | Family Syngnathidae | ||
Table D—Designated anchoring areas within sanctuary zone
Sanctuary zone name | Designated area |
Hammer Head | Entire zone |
Drum and Drum Sticks | Entire zone |
Point Perpendicular-Crocodile Head | Entire zone |
The Docks | Entire zone |
Groper Coast | Entire zone |
Hare Bay | The areas described below as Hare Bay designated anchoring area and Red Point designated anchoring area |
Huskisson | The area described below as Shark Net Beach designated anchoring area |
Hyams Beach | Areas outside the prohibited anchoring area as designated on Chart AUS 193 |
Bowen Island | Entire zone |
St Georges-Steamers Head | Entire zone |
Hare Bay designated anchoring area
From point 16F at 35° 00′ 48″S, 150° 45′ 49″E, due east to the intersection of 35° 00′ 48″S latitude and the mean high water mark at point 16G, then generally south-east following the shoreline at the mean high water mark to point 16H described above, then due west to point 16I at 35° 01′ 42″S, 150° 45′ 49″E, then returning due north to point 16F, as shown on map 16.
Red Point designated anchoring area
The area from the mean high water mark at the most eastern extremity of Red Point at point 16J at the intersection of 150° 45′ 02″E longitude and the mean high water mark, then generally north-east 200 metres to the intersection of 150° 45′ 04″E longitude and the mean high water mark at point 16K, then generally south then west in a radius of 200 metres from point 16J to the intersection of the boundary of Hare Bay sanctuary zone at point 16L, 34° 59′ 36″S, 150° 44′ 57″E then due north to the intersection of 150° 44′ 57″E longitude and the mean high water mark at point 16M, then returning generally east to point 16J, described above, as shown on map 16.
Shark Net Beach designated anchoring area
The area adjacent to Shark Net Beach from the mean high water mark at point 16N at 35° 02′ 24″S, 150° 40′ 25″E, then generally north following the mean high water mark to point 16O which is 200 metres from point 16N, then generally east then south in a radius of 200 metres from point 16N to the intersection of the mean high water mark at point 16P, then returning generally north following the mean high water mark to point 16N, described above, as shown on map 16.
Table E—Designated areas for purse seining and lift netting in habitat protection zone
(a) From point 16Q 35° 03′ 23″S, 150° 44′ 12″E, then generally south-west to point 16R 35° 04′ 09″S, 150° 42′ 32″E, then generally north to point 16S 35° 02′ 59″S, 150° 42′ 35″E, then generally north-east to point 16T 35° 01′ 42″S, 150° 44′ 0″E, then back to point 16Q as shown on map 16.
(b) From point 16U 35° 06′ 23″S, 150° 45′ 53″E, then due south to point 16V at the intersection of 150° 45′ 53″E longitude and the boundary of Commonwealth waters, then generally south-west to point 16W at the intersection of 150° 44′ 50″E longitude and the boundary of Commonwealth waters, then due north to point 16X 35° 06′ 23″S 150° 44′ 50″E, then back to point 16U, as shown on map 16.
Division 11 Maps
Map 1: Jervis Bay Marine Park (Overview)
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Map 2: Hammer Head
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Map 3: Currarong and Blacks Cave Creek
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Map 4: Drum and Drum Sticks
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Map 5: Point Perpendicular—Crocodile Head
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Map 6: The Docks
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Map 7: Groper Coast
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Map 8: Hare Bay
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Map 9: Wowly Gully
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Map 10: Currambene Creek
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Map 11: Huskisson and Currambene Creek Mudflats
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Map 12: Moona Moona Creek
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Map 13: Hyams Beach
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Map 14: Bowen Island
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Map 15: St Georges Head—Steamers Head
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Map 16: General Use Zones, Designated Anchoring Areas, and Restricted Purse Seine Bait Netting/Lift Netting Areas
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Division 12 Miscellaneous
29 Transitional arrangements for aquaculture
A person who immediately before the commencement of this Part carried out aquaculture in the marine park under a permit issued under the Fisheries Management Act 1994 may continue to carry out the activity in the marine park for a period ending 18 months after that commencement.
Part 3 Lord Howe Island Marine Park Zoning Plan
Note—
The GPS co-ordinates used in this Part to describe the boundaries of the zones of the Lord Howe Island Marine Park and other areas are given in degrees and decimal minutes using the GDA94 datum.
Map 1 of the maps set out in Division 10 provides an overview of the zoning plan for the Lord Howe Island Marine Park.
Maps 2–6 provide more detail.
Division 1 Preliminary
1 Definitions
In this Part:Lord Howe Island Lagoon means that part of the marine park that is bounded by the mean high water mark on the western coast of Lord Howe Island and the line of partially emergent reefs that lie between North Head and Little Island.marine park means the Lord Howe Island Marine Park, as described in Part 3 of Schedule 4 to the Act.
Division 2 Sanctuary zones
2 Description of sanctuary zones
The sanctuary zones of the marine park are comprised of the following areas:North BayAn area bounded as follows:(a) commencing at a point near the centre of the emergent rock known as the Bombora (31° 31.431′S, 159° 02.419′E),(b) then generally north west to a point at the mean high water mark at North Head (31° 31.365′S, 159° 02.370′E),(c) then generally east, north east and south east following the mean high water mark along the coast of Lord Howe Island to a point at the navigation marker for North Passage (31° 31.339′S, 159° 03.023′E),but excluding an area bounded by a line encircling the wreck of the “Favourite” at a radius of 50 metres from that wreck at 31° 31.311′S, 159° 02.733′E.(d) then generally west to the point of commencement described in paragraph (a),Sylphs HoleThe area contained within a circle with a radius of 50 metres centred on a point at 31° 31.240′S, 159° 03.279′E near the middle of Sylphs Hole.Admiralty Islands and Neds BeachAn area bounded as follows:(a) commencing at a point at the mean high water mark on the coast of Lord Howe Island approximately 120 metres east of Curio Point at 31° 30.752′S, 159° 02.712′E,(b) then generally north east to a point at the mean high water mark on the coast of Roach Island at the westernmost part of that island (31° 29.846′S, 159° 03.933′E),(c) then generally south east along the coast of Roach Island at the mean high water mark to a point at the southernmost part of Roach Island at the mean high water mark (31° 30.132′S, 159° 04.206′E),(d) then generally south to a point at the mean high water mark on the coast of Lord Howe Island at Searles Point (31° 31.086′S, 159° 04.358′E),but excluding that area which is seaward of the mean high water mark, contained within a circle of radius 50 metres centred on a point at the northernmost corner of the Neds Beach picnic shelter at 31° 31.129′S, 159° 04.018′E.(e) then following the mean high water mark along the coast of Lord Howe Island to the point of commencement described in paragraph (a),Lord Howe Island LagoonAn area bounded as follows:(a) commencing at a point 50 metres west of the mean high water mark on the coast of Lord Howe Island at the rock-concrete interface at the western end of the airport (31° 32.173′S, 159° 04.227′E),(b) then generally north west to a position between North Head and South Head at 31° 32.055′S, 159° 02.604′E,(c) then generally south east along the alignment of North and South Heads to a position at 31° 33.534′S, 159° 03.205′E,(d) then generally north east to a position 50 metres south west of a point at the mean high water mark on the coast of Lord Howe Island near the navigational marker trees for Erscotts Passage (31° 32.894′S, 159° 04.447′E),but excluding the area that is bounded by a circle of radius 50 metres centred on a position within Erscotts Hole at 31° 32.794′S, 159° 03.668′E.(e) then generally north, offset 50 metres seaward of the mean high water mark along the coast of Lord Howe Island to the point of commencement described in paragraph (a),East Coast and ShelfAn area bounded as follows:(a) commencing at a point at the mean high water mark on the coast of Lord Howe Island 290 metres generally north west of East Point (31° 33.689′S, 159° 06.240′E),(b) then generally north east to a position on the outer boundary of the marine park at 31° 30.667′S, 159° 09.459′E,(c) then following the outer boundary of the marine park generally south east, south and south west to a position on the boundary at 31° 35.833′S, 159° 09.509′E,(d) then due west to a point at the mean high water mark on the coast of Lord Howe Island near King Point at 31° 35.833′S, 159° 04.455′E,(e) then following the mean high water mark along the coast of Lord Howe Island to the point of commencement described in paragraph (a).Balls PyramidAll parts of the marine park south of the latitude 31° 46.833′S.Observatory RockAll parts of the marine park within a line surrounding Observatory Rock at a distance of 50 metres seaward of the mean high water mark along the coast of Observatory Rock (such that Observatory Rock includes two rocks separated by a narrow channel).
3 Fish cleaning
(1) A person must not clean any fish or any fishing gear in a sanctuary zone except at such fish cleaning facilities (if any) as are designated by the relevant Ministers for that purpose.(2) This clause does not prohibit the cleaning of fish or fishing gear while on a vessel and with the consent of the relevant Ministers.
4 Anchoring
Vessels that are less than 10 metres long may anchor in the following parts of the sanctuary zone:(a) anywhere within 100 metres of the eastern end of the beach at North Bay,(b) anywhere within the Admiralty Islands and Neds Beach sanctuary zone,(c) anywhere within the East Coast and Shelf sanctuary zone.
Division 3 Habitat protection zone
5 Description of habitat protection zone
The habitat protection zone of the marine park is comprised of all parts of the marine park that are not included in a sanctuary zone or a special purpose zone.
6 Permitted fishing activities
(1) The following fishing activities are permitted in the habitat protection zone of the marine park:(a) recreational fishing, including recreational charter fishing, for any species of fish listed in table A, subject to bag limits described in table B, and using only one or more of the permitted methods,(b) commercial fishing for any species of fish listed in table C, but excluding those listed in table D, and using only one or more of the permitted methods,(c) the collection of dead shells and dead coral (in quantities not exceeding 1 kilogram per person per day) other than any shell or coral that is occupied by an animal or attached to a plant.(2) In this clause:permitted methods means such of the following methods as are permitted by the regulations under the Fisheries Management Act 1994:(a) set lines and hand held lines, provided they are not left unattended,(b) bait traps,(c) landing nets,(d) dip or scoop nets, but only for taking prawns,(e) by hand, but only for taking rock lobster,(f) by hand, knife, spade, fork or pump, but only for taking yabbies, squirt worms, blood worms, beachworms, pipis or other intertidal invertebrates.Note—The taking of fish in a habitat protection zone of the marine park is subject to the provisions of the Fisheries Management Act 1994 and the regulations under that Act which, among other things, set bag and size limits.
7 Aquaculture
Despite clause 13 of this Regulation, aquaculture is not permissible in the habitat protection zone of the marine park.
Division 4 Special purpose zones
8 Description of special purpose zones
The special purpose zones of the marine park comprise the following areas:North Bay WreckAll parts of the marine park encompassed by a circle of 50 metres radius centred on a point near the wreck of the “Favourite” in North Bay at 31° 31.311′S, 159° 02.733′E.Erscotts HoleAll parts of the marine park encompassed by a circle of 50 metres radius centred on a point within Erscotts Hole at 31° 32.794′S, 159° 03.668′E.Neds BeachAll parts of the marine park encompassed by a circle of 50 metres radius centred on a point near the north western corner of the picnic shelter at Neds Beach at 31° 31.129′S, 159° 04.018′E.
9 Zone object of special purpose zones
The object of the special purpose zones of the marine park is to allow for fish feeding without the need for the consent of the relevant Ministers.
10 Fish feeding
(1) A person may feed fish in a special purpose zone.(2) This clause does not permit a person to use more than 300 grams of fish feed per day for the purpose of feeding fish.
Division 5 General prohibitions
11 Prohibited fishing activities
(1) A person must not engage in commercial fishing in the marine park for any species of fish listed in table D.(2) A person must not engage in commercial fishing in the marine park for any species of fish for use anywhere other than:(a) on Lord Howe Island, or(b) within 12 nautical miles of the mean high water mark on the coast of Lord Howe Island.
12 Aquarium collecting
(1) A person must not engage in commercial fishing in the marine park for any species of fish for aquarium purposes.(2) A person must not engage in recreational fishing in the marine park for any species of fish for aquarium purposes except with the consent of the relevant Ministers.
13 Spears and spearguns
A person must not in the marine park take or attempt to take fish by means of a spear, speargun or similar device.
14 Cleaning of fish in Lord Howe Island Lagoon
(1) A person must not:(a) clean any fish, orin any part of the Lord Howe Island Lagoon other than the area between Dawsons Point and North Passage.(b) discard the wastes and offal from fish cleaning,(2) This clause does not apply to fish taken from Lord Howe Island Lagoon for recreational purposes, other than fish taken in the course of recreational fishing from charter vessels.
Division 6 Species protection
15 Identification of protected species
The following species of fish are identified as protected species for the purposes of clause 22A of this Regulation:(a) any species not listed in table A,(b) species the harming of which is prohibited under the Fisheries Management Act 1994.Note—Clause 22A of this Regulation prohibits a person in a marine park from taking or harming, or attempting to take or harm, any species identified in a zoning plan as a protected species. A contravention of that prohibition is designated as a serious offence.
Division 7 Domesticated animals
16 Prohibition on domesticated animals
(1) A person must not bring a domesticated animal into the emergent lands exposed to lowest astronomical tide that are below mean high water mark of the marine park other than the following foreshores:(a) between Little Island at 31° 34.109′S, 159° 04.519′E, generally north along the coast to the slipway at 31° 31.539′S, 159° 03.745′E,(b) between Signal Point at 31° 31.498′S, 159° 03.612′E, generally north along the coast to the western end of Old Settlement Beach at 31° 31.155′S, 159° 03.222′E,(c) between the east end of Neds Beach at 31° 31.074′S, 159° 04.110′E, generally south along the coast to the southern end of Blinkey Beach at 31° 32.608′S, 159° 05.078′E.(2) A person must not bring a domesticated animal into any other part of the marine park unless:(a) the animal is an assistance animal (within the meaning of the Companion Animals Act 1998) being used by a person with a disability (within the meaning of the Disability Discrimination Act 1992 of the Commonwealth), or(b) the animal remains confined to a vessel, or(c) the person has the consent of the relevant Ministers.(3) This clause applies despite clause 22 of this Regulation.Note—Clause 22 of this Regulation makes it an offence to bring a domesticated animal into a marine park except with the consent of the relevant Ministers.(4) This clause is subject to the following:(a) the provisions of the Companion Animals Act 1998,(b) any notice relating to the use of animals erected by the Lord Howe Island Board.Note—Sections 14 and 30 of the Companion Animals Act 1998 prohibit dogs and cats in certain public places.
Division 8 Use, mooring and anchoring of vessels, vehicles and aircraft
Note—
Clause 27 of this Regulation makes it an offence to use, moor or anchor any motorised vessel or vehicle in a marine park in contravention of the zoning plan for the marine park.
17 Personal watercraft, hovercraft and aircraft
(1) A person must not use a personal watercraft or a hovercraft in any part of the marine park except for the purpose of exercising the functions of a public or local authority.(2) A person must not use an aircraft on the waters of the marine park except with the consent of the relevant Ministers.
18 Anchoring at Lord Howe Island Lagoon
Subject to clause 4, a person must not anchor a vessel that is longer than 5 metres within Lord Howe Island Lagoon except with the consent of the relevant Ministers.Note—Clause 4 permits the anchoring of vessels that are less than 10 metres long anywhere within 100 metres of the eastern end of the beach at North Bay.
19 Vessels not to be anchored except at certain sites
(1) A person must not anchor a vessel that is longer than 25 metres within the marine park except with the consent of the relevant Ministers.(2) Subclause (1) does not apply to the anchoring of a vessel at the following locations:(a) anywhere within 200 metres of a position at 31° 31.650′S, 159° 02.430′E marked as LH1 on Chart AUS 610,(b) anywhere within 200 metres of a position at 31° 30.660′S, 159° 02.960′E marked as LH2 on Chart AUS 610,(c) anywhere within 200 metres of a position at 31° 30.780′S, 159° 04.240′E marked as LH3 on Chart AUS 610,(d) anywhere within 200 metres of a position at 31° 31.450′S, 159° 04.660′E marked as LH4 on Chart AUS 610,(e) anywhere within 200 metres of a position at 31° 33.350′S, 159° 03.390′E marked as LH5 on Chart AUS 610,(f) anywhere within 200 metres of a position at 31° 32.450′S, 159° 02.790′E marked as LH6 on Chart AUS 610.(3) In this clause, Chart AUS 610 means the charts published under that title by the Australian Hydrographic Service on 10 November 2000.
20 Moorings
A person must not occupy or use a mooring in the marine park that is provided by the Authority except with the consent of the relevant Ministers.Note—This clause applies despite clause 28 (1) (b) of this Regulation which provides that a person must not attach a vessel, for a period of more than 12 hours, to a mooring or other facility in a marine park that is owned or managed by the Authority.
21 Discharge from vessels
A person must not discharge ballast water, obtained by vessels from outside the marine park, within the marine park.
22 Motorised wheeled vehicles
(1) A person must not use a motorised wheeled vehicle in any part of the marine park, otherwise than at a location designated by the Lord Howe Island Board as a jetty or vessel launching facility, except with the consent of the relevant Ministers.(2) This clause does not apply to police vehicles or emergency vessels.
Division 9 Tables
Table A—Fish that may be taken from habitat protection zone for recreational purposes
Common name | Class/family | Species |
Finfish (fish with fins and scales) | Class Osteichthyes | All species except those prohibited from taking by the Fisheries Management (General) Regulation 2002 |
Worms | Class Polychaeta | All species |
Crabs | Order Brachyura | All species |
Lobster, crayfish | Family Palinuridae | All species |
Ghost shrimp, marine yabbies, nippers | Family Callianassidae | All species |
Snapping shrimp | Family Alpheidae | All species |
Slipper lobster, shovel nosed lobster or bug | Family Scyllaridae | All species |
Prawns | Family Penaeidae | All species |
Squid and octopus | Class Cephalopoda | All species |
Turban shell | Family Turbinadae | All species |
Black snail | Family Neritidae | Nerita atramentosa |
Sea urchins | Class Echinoidea | Centrostephanus rodgersii Heliocidaris tuberculata |
Sharks and rays | Class Chondrichthyes | All species except those prohibited from taking by the Fisheries Management (General) Regulation 2002 |
Table B—Bag limits for species that may be taken from habitat protection zone for recreational purposes only
Common name | Species | Maximum number allowed to be taken per person per day |
Double Header | Coris bulbifrons | 1 |
Bluefish | Girella cyanea | 5 |
Spangled Emperor | Lethrinus nebulosus | 2 |
Scorpionfish, red rock cod, bucket head | Scorpaena cookii Scorpaena cardinalis | 2 in total comprised of one species or a combination of both |
Table C—Species that may be taken for sale from the habitat protection zone
Common name | Class/family/order | Species |
Finfish (fish with fins and scales) | Class Osteichthyes | All species except those listed in Table D, and those prohibited from taking by the Fisheries Management (General) Regulation 2002 |
Sharks and rays | Class Chondrichthyes | All species except those prohibited by the Fisheries Management (General) Regulation 2002 |
Table D—Species prohibited from taking for sale
Common name | Class/family/order | Species |
Double Header | Family Labridae | Coris bulbifrons |
Bluefish | Family Girellidae | Girella cyanea |
Division 10 Maps
Map 1 Overview of zoning plan
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Map 2 North Bay, Admiralty Island and Neds Beach
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Map 3 Lord Howe Island Lagoon
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Map 4 East coast and shelf
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Map 5 Balls Pyramid section
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Map 6 Observatory Rock
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sch 1: Am 31.7.2002; 1.10.2002; 2003 No 40, Sch 2.19; 26.11.2004.
Schedule 2 Penalty notice offences
(Clauses 34 and 35)
sch 2, hdg: Am 31.7.2002.
Column 1 | Column 2 |
Offence | Penalty |
Offences created by a provision of the Act | |
Section 17A | $500 |
Section 20G | $500 |
Offences created by a provision of this Regulation | |
Clause 7 (a) | $500 |
Clause 7 (b) | $500 |
Clause 7 (c) | $500 |
Clause 7 (d) | $500 |
Clause 9 | $500 |
Clause 9A | $500 |
Clause 11 (a) | $500 |
Clause 11 (b) | $500 |
Clause 11 (c) | $500 |
Clause 12 (2) (a) | $500 |
Clause 12 (2) (b) | $500 |
Clause 15 (a) | $500 |
Clause 15 (b) | $500 |
Clause 15 (c) | $500 |
Clause 16 (2) | $500 |
Clause 18A (a) | $500 |
Clause 18A (b) | $500 |
Clause 18A (c) | $500 |
Clause 18B (1) | $500 |
Clause 19 (1) | $500 |
Clause 19 (2) | $500 |
Clause 19 (2A) | $500 |
Clause 20 (a) | $300 |
Clause 20 (b) | $300 |
Clause 20 (c) | $300 |
Clause 20 (d) | $300 |
Clause 20 (e) | $300 |
Clause 20 (2) | $300 |
Clause 20 (3) | $300 |
Clause 20A | $200 |
Clause 21 (1) (a) | $300 |
Clause 21 (1) (b) | $500 |
Clause 21 (1) (c) | $500 |
Clause 22 (1) (a) | $200 |
Clause 22 (1) (b) | $200 |
Clause 22 (1A) | $220 |
Clause 22A | See matter above in relation to section 17A of the Act |
Clause 23 (1) | $300 |
Clause 24 (1) (a) | $500 |
Clause 24 (1) (b) | $500 |
Clause 24A | $300 |
Clause 25 (2) (a) | $200 |
Clause 25 (2) (b) | $300 |
Clause 26 (a) | $200 |
Clause 26 (b) | $200 |
Clause 26 (c) | $200 |
Clause 26 (d) | $200 |
Clause 27 (2) | $500 |
Clause 27A (1) | $500 |
Clause 27B | $500 |
Clause 28 (1) (a) | $200 |
Clause 28 (1) (b) | $200 |
Clause 28 (1) (c) | $500 |
Clause 29 | $500 |
Clause 30 (1) | $200 |
Clause 32 (1) | $500 |
Clause 32 (2) | $500 |
Clause 33 (2) | $200 |
Clause 33A (2) | $500 |
sch 2: Am 31.7.2002; 1.10.2002; 26.11.2004.