Part 1 General provisions relating to zoning plans
pt 1, hdg: Ins 2009 (416), Sch 2 [2].
Division 1 Preliminary
pt 1, div 1, hdg: Ins 2009 (416), Sch 2 [2].
1.1 Name of Regulation
This Regulation is the Marine Parks (Zoning Plans) Regulation 1999.cl 1.1 (previously cl 1): Am 2009 (416), Sch 2 [3]. Renumbered 2009 (416), Sch 2 [26].
1.2 Commencement
This Regulation commences on 1 March 1999.cl 1.2 (previously cl 2): Renumbered 2009 (416), Sch 2 [26].
1.3 Definitions
(1) In this Regulation (other than Parts 2 and 3):aquaculture has the same meaning as in section 142 of the Fisheries Management Act 1994.bait means any animal or plant, or part of any animal or plant, rigged on a fishing hook but does not include an artificial lure or artificial fly.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 2 of the Marine Parks Regulation 2009.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.set line has the same meaning as it has in the Fisheries Management (General) Regulation 2002.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.traditional use means a use that satisfies personal, domestic or non-commercial communal needs of Aboriginal people.vessel has the same meaning as it has in the Marine Safety Act 1998.zoning plan means a zoning plan for a marine park, as set out in Parts 2–7.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.(2) For the purposes of Parts 4–7, a zone of a marine park does not adjoin another zone of the marine park if the zone only has a single corner point on its boundary that is common to the boundary of the other zone.(3) Notes included in this Regulation do not form part of this Regulation.cl 1.3 (previously cl 3): Am 2009 (416), Sch 2 [4]–[6]. Renumbered 2009 (416), Sch 2 [26]. Am 2011 (29), Sch 1 [1] [2].
1.4 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.(4) This clause does not apply to Parts 2 and 3.cl 1.4 (previously cl 3A): Renumbered 2009 (416), Sch 2 [26]. Am 2011 (29), Sch 1 [3].
1.5 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.cl 1.5 (previously cl 3B): Renumbered 2009 (416), Sch 2 [26].
1.5A Application of Divisions 2–4
Subdivisions 2–5 of Division 2, and Divisions 3 and 4, do not apply to the following marine parks:(a) the Solitary Islands Marine Park, as described in Part 2 of Schedule 4 to the Act,(b) the Jervis Bay Marine Park, as described in Part 1 of Schedule 4 to the Act.cl 1.5A: Ins 2011 (29), Sch 1 [4].
Division 2 Marine park zones
pt 1, div 2, hdg: Ins 2009 (416), Sch 2 [7].
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.
Subdivision 1 Zoning plans and zone objects
pt 1, div 2, sdiv 1: Ins 2009 (416), Sch 2 [8].
1.6 Zoning plans
(1) The following Parts set out the zoning plans for each of the following marine parks:(a) Part 2—Solitary Islands Marine Park,(b) Part 3—Jervis Bay Marine Park,(c) Part 4—Lord Howe Island Marine Park,(d) Part 5—Cape Byron Marine Park,(e) Part 6—Port Stephens–Great Lakes Marine Park,(f) Part 7—Batemans Marine Park.(2) A zoning plan for a marine park may include any number of sanctuary, habitat protection, general use and special purpose zones.
1.7 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.cll 1.7–1.10 (previously cll 5–5D): Ins 2009 (416), Sch 2 [8]. Renumbered 2009 (416), Sch 2 [26].
1.8 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 and do not have a significant impact on any fish populations or on any other animals, plants or habitats.cll 1.7–1.10 (previously cll 5–5D): Ins 2009 (416), Sch 2 [8]. Renumbered 2009 (416), Sch 2 [26].
1.9 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.cll 1.7–1.10 (previously cll 5–5D): Ins 2009 (416), Sch 2 [8]. Renumbered 2009 (416), Sch 2 [26].
1.10 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, and(b) to cater for special facilities and features in the zone such as slipways, breakwaters, berthing facilities and shipwrecks, and(c) such objects as may be set out in the zoning plan for a marine park.cll 1.7–1.10 (previously cll 5–5D): Ins 2009 (416), Sch 2 [8]. Renumbered 2009 (416), Sch 2 [26].
Subdivision 2 Sanctuary zone
pt 1, div 2, sdiv 2, hdg: Ins 2009 (416), Sch 2 [8].
1.11 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, traditional use 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.cll 1.11–1.15 (previously cll 7–9A): Renumbered 2009 (416), Sch 2 [26].
1.12 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.cll 1.11–1.15 (previously cll 7–9A): Renumbered 2009 (416), Sch 2 [26].
1.13 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.cll 1.11–1.15 (previously cll 7–9A): Renumbered 2009 (416), Sch 2 [26].
1.14 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.cll 1.11–1.15 (previously cll 7–9A): Renumbered 2009 (416), Sch 2 [26].
1.15 Fishing not permitted from moorings
A person must not take, or attempt to take, fish from a mooring, or a vessel attached to a mooring, in the sanctuary zone of a marine park.Maximum penalty: 100 penalty units.cll 1.11–1.15 (previously cll 7–9A): Renumbered 2009 (416), Sch 2 [26].
Subdivision 3 Habitat protection zone
pt 1, div 2, sdiv 3, hdg: Ins 2009 (416), Sch 2 [10].
1.16 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):(a) for research, environmental protection, public health, traditional use or public safety purposes, or(b) for the purposes of an ecologically sustainable use that does not have a significant impact on fish populations within the zone or on any other animals, plants or habitats.(3) A contravention of subclause (1) is designated as a forfeiture offence.Note—See section 36 of the Act and clause 29 of the Marine Parks Regulation 2009.cl 1.16 (previously cl 11): Am 2009 (416), Sch 2 [11] [12]. Renumbered 2009 (416), Sch 2 [26].
1.17 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, traditional use 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).cl 1.17 (previously cl 12): Am 2009 (416), Sch 2 [13]. Renumbered 2009 (416), Sch 2 [26].
1.18 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 1.18 (previously cl 13): Renumbered 2009 (416), Sch 2 [26].
Subdivision 4 General use zone
pt 1, div 2, sdiv 4, hdg: Ins 2009 (416), Sch 2 [14].
1.19 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):(a) for research, environmental protection, public health, traditional use or public safety purposes, or(b) for the purposes of an ecologically sustainable use.(3) A contravention of subclause (1) is designated as a forfeiture offence.Note—See section 36 of the Act and clause 29 of the Marine Parks Regulation 2009.cl 1.19 (previously cl 15): Am 2009 (416), Sch 2 [15]. Renumbered 2009 (416), Sch 2 [26].
1.20 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, traditional use or public safety purposes.cll 1.20, 1.21 (previously cll 16, 17): Renumbered 2009 (416), Sch 2 [26].
1.21 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 1.20, 1.21 (previously cll 16, 17): Renumbered 2009 (416), Sch 2 [26].
Subdivision 5 Special purpose zone
pt 1, div 2, sdiv 5, hdg: Ins 2009 (416), Sch 2 [16].
1.22 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):(a) for research, environmental protection, public health, traditional use or public safety purposes, or(b) for the purposes of an ecologically sustainable use.(3) A contravention of subclause (1) is designated as a forfeiture offence.Note—See section 36 of the Act and clause 29 of the Marine Parks Regulation 2009.cl 1.22 (previously cl 18A): Am 2009 (416), Sch 2 [17]. Renumbered 2009 (416), Sch 2 [26].
1.23 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, traditional use or public safety purposes.(4) (Repealed)cll 1.23, 1.24 (previously cll 18B, 18C): Renumbered 2009 (416), Sch 2 [26].
1.24 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.cll 1.23, 1.24 (previously cll 18B, 18C): Renumbered 2009 (416), Sch 2 [26].
Division 3 Regulation of activities
pt 1, div 3, hdg: Ins 2009 (416), Sch 2 [18].
1.25 Possession of animals or plants 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.(1A) A person who is in possession of an animal or plant in a part of a marine park in which the possession of the animal or plant is prohibited by the zoning plan for the marine park 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 and any plant or animal 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.(2D) It is a defence to a prosecution for an offence under subclause (1A) in respect of an animal or plant found in a boat if the person charged satisfies the court that the person could not reasonably have known that the animal or plant was on board the boat concerned.(3) It is a defence to a prosecution for an offence under subclause (2) or (2A) if the person charged satisfies the court:(a) if the equipment concerned was fishing gear—that the fishing gear was being transported to or from any place where the person could lawfully use the equipment to take fish and was in the authorised state, or(b) if the equipment concerned was not fishing gear—that the equipment was being transported to or from any place where the person could lawfully use the equipment to take animals or plants, and was in a state in which it could not have been used to take animals or plants, or(b1) if the equipment concerned was a fishing line—that the fishing line was on board a vessel within a sanctuary zone, the vessel was anchored, moored or aground and the fishing line was in the unrigged state, 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.(3A) A contravention of this clause is designated as a forfeiture offence.Note—See section 36 of the Act and clause 29 of the Marine Parks Regulation 2009.(4) For the purposes of subclause (3) (a), the is:(a) in the case of a fishing line—no part of the line was immersed in the waters of the marine park and no hook was baited, or(b) in the case of a fishing net—no part of the net was immersed in the waters of the marine park, or(c) in the case of fishing gear not referred to in paragraph (a) or (b)—the gear was stowed away.(5) For the purposes of subclause (3) (b1), the unrigged state, in relation to a fishing line, means no part of the fishing line is attached to any hook, artificial lure, artificial fly, swivel or other piece of fishing tackle (other than any reel the fishing line was spooled on).cl 1.25 (previously cl 19): Am 2009 (416), Sch 2 [19]. Renumbered 2009 (416), Sch 2 [26].
1.26 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 (unless the placement is authorised by an occupation licence or other authorisation issued under the Maritime Services Act 1935), 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) A person must not contravene the conditions of use displayed on a mooring in a marine park that is provided by or on behalf of the Authority.(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 1.38 (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.cll 1.26–1.40 (previously cll 20, 20B–24A, 26–30): Renumbered 2009 (416), Sch 2 [26].
1.27 Discharge from vessels
A person must not discharge ballast water, drawn from waters outside a marine park, within the marine park.Maximum penalty: 100 penalty units.cll 1.26–1.40 (previously cll 20, 20B–24A, 26–30): Renumbered 2009 (416), Sch 2 [26].
1.28 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.cll 1.26–1.40 (previously cll 20, 20B–24A, 26–30): Renumbered 2009 (416), Sch 2 [26].
1.29 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.Note—Section 59 of the Companion Animals Act 1998 entitles a person with a disability to be accompanied by an assistance animal being used bona fide by the person to assist the person into or onto any place open to or used by the public.(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.(3) This clause does not apply to a dog being used by a police officer on official duty.cll 1.26–1.40 (previously cll 20, 20B–24A, 26–30): Renumbered 2009 (416), Sch 2 [26].
1.30 Protected species
(1) A person must not in a marine park:(a) take, or attempt to take, any species of fish or plant 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 or plant 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.cll 1.26–1.40 (previously cll 20, 20B–24A, 26–30): Renumbered 2009 (416), Sch 2 [26].
1.31 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.cll 1.26–1.40 (previously cll 20, 20B–24A, 26–30): Renumbered 2009 (416), Sch 2 [26].
1.32 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.cll 1.26–1.40 (previously cll 20, 20B–24A, 26–30): Renumbered 2009 (416), Sch 2 [26].
1.33 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.cll 1.26–1.40 (previously cll 20, 20B–24A, 26–30): Renumbered 2009 (416), Sch 2 [26].
1.34 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.cll 1.26–1.40 (previously cll 20, 20B–24A, 26–30): Renumbered 2009 (416), Sch 2 [26].
1.35 Use, mooring or anchoring of vessels, motorised vehicles and motorised equipment
(1) The use, mooring and anchoring of 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 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.cll 1.26–1.40 (previously cll 20, 20B–24A, 26–30): Renumbered 2009 (416), Sch 2 [26].
1.36 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.cll 1.26–1.40 (previously cll 20, 20B–24A, 26–30): Renumbered 2009 (416), Sch 2 [26].
1.37 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 1.11 (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.cll 1.26–1.40 (previously cll 20, 20B–24A, 26–30): Renumbered 2009 (416), Sch 2 [26].
1.38 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.cll 1.26–1.40 (previously cll 20, 20B–24A, 26–30): Renumbered 2009 (416), Sch 2 [26].
1.39 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 1.26–1.40 (previously cll 20, 20B–24A, 26–30): Renumbered 2009 (416), Sch 2 [26].
1.40 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 1.26–1.40 (previously cll 20, 20B–24A, 26–30): Renumbered 2009 (416), Sch 2 [26].
Division 4 Miscellaneous
pt 1, div 4, hdg: Ins 2009 (416), Sch 2 [21].
1.41 Consent by relevant Ministers not required for certain activities
(1) A provision of this Regulation (other than clause 1.11, 1.13, 1.16, 1.17, 1.19, 1.20, 1.22 or 1.23) 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 in accordance with section 19 of the Act.(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, or(c) approval to the carrying out of a project under Part 3A 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 1.41, 1.42 (previously cll 32N, 38A): Renumbered 2009 (416), Sch 2 [26].
1.42 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).cll 1.41, 1.42 (previously cll 32N, 38A): Renumbered 2009 (416), Sch 2 [26].
Part 2 Solitary Islands Marine Park Zoning Plan
Note 1—
The GPS coordinates used in this Part to describe the boundaries of the zones and other areas of the Solitary Islands Marine Park are given in degrees and decimal minutes using the Geocentric Datum of Australia 1994 (GDA 94). Compass bearings are aligned to magnetic north.
Note 2—
In addition to the provisions set out in this Part, Division 2 of Part 3 of the Act provides for the regulation of development and activities in the Solitary Islands Marine Park. Those provisions of the Act 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 the 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 (previously sch 1, Part 1): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
pt 2, notes: Transferred 2009 (416), Sch 2 [24]. Subst 2011 (29), Sch 1 [5].
Division 1 Preliminary
pt 2, div 1 (previously sch 1, Part 1, Div 1): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.1 Definitions
(1) In this Part:aquaculture has the same meaning as it has in section 142 of the Fisheries Management Act 1994.Arrawarra Headland Aboriginal special purpose zone means the area described in clause 2.48 (d).bait means any animal or plant, or part of any animal or plant, rigged on a fishing hook but does not include an artificial lure or artificial fly.clean a fish includes to remove or discard part of a fish.commercial fisher has the same meaning as it has in the Fisheries Management Act 1994.commercial fishing means taking, or attempting to take, fish for sale.Corindi River Aboriginal special purpose zone means the area described in clause 2.48 (e).Corindi Rock Platform Aboriginal special purpose zone means the area described in clause 2.48 (f).domesticated animal includes a pet.estuary:(a) means the waters of any lake, river, creek or lagoon that are ordinarily subject to tidal influence until the following natural coast line (where the estuary meets the coast):(i) if an estuary has two breakwalls at its confluence with the South Pacific Ocean—a line drawn across the easternmost extremity of both breakwalls,(ii) if an estuary has only one breakwall at its confluence with the South Pacific Ocean—a line drawn from the easternmost extremity of the breakwall to the northern or southern extremity of the high water mark on the opposite bank,(iii) if an estuary is otherwise at its confluence with the South Pacific Ocean—a line drawn across the entrance between the easternmost extremity of the drying points on each bank, and(b) includes any such waters that are periodically or intermittently closed to the sea, and(c) does not include Minnie Water Lagoon.exotic animal means any living animal that is not indigenous to the marine park.exotic plant 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 it has 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 described in clause 2.47.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 the area described in clause 2.46.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).marine park means the Solitary Islands Marine Park, as described in Part 2 of Schedule 4 to the Act.Minnie Water Lagoon means the tidal waters and tidal lands in the area enclosed by the line commencing at 29° 46.343′S, 153° 17.926′E and 29° 46.623′S, 153° 18.127′E, extending seawards to include the exposed rocky reef.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.motorised means powered by a motor, whether or not the motor is in use at the time.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.Pipe Clay Lake Aboriginal special purpose zone means the area described in clause 2.48 (c).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 that Act, or(c) approval to the carrying out of a project under Part 3A of that Act.protected species of fish means a species listed in the table to clause 2.2.recreational fishing means taking, or attempting to take, fish otherwise than for sale.Red Rock Beach Aboriginal special purpose zone means the area described in clause 2.48 (g).sanctuary zone means an area described in clause 2.45.Sandon River oyster aquaculture special purpose zone means the area described in clause 2.48 (a).special purpose zone means an area described in clause 2.48.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.traditional use means a use that satisfies personal, domestic or non-commercial communal needs of Aboriginal people.vessel has the same meaning as it has in the Marine Safety Act 1998.Wooli Wooli River oyster aquaculture special purpose zone means the area described in clause 2.48 (b).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.(2) In this Part, a reference to a net, trap, line or spear is a reference to that net, trap, line or spear as described in the Fisheries Management Act 1994 or the regulations made under that Act.(3) For the purposes of this Part, a zone of the marine park does not adjoin another zone of the marine park if the zone only has a single corner point on its boundary that is common to the boundary of the other zone.cll 2.1–2.4 (previously sch 1, pt 1, cll 1–4): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.2 Meaning of “protected species”
A species of fish listed in the following Table is a protected species of fish for the purposes of this Part:
2.3 Part applies subject to other legislation
(1) This Part 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 Part 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.cll 2.1–2.4 (previously sch 1, pt 1, cll 1–4): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.4 Attempts
Any person who attempts to commit any offence for which a penalty is provided under this Part is to be liable to that penalty.cll 2.1–2.4 (previously sch 1, pt 1, cll 1–4): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
Division 2 Sanctuary zones
pt 2, div 2 (previously sch 1, Part 1, Div 2): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.5 Protection of animals, plants and habitat
(1) A person must not, while in a sanctuary zone:(a) harm any animal, or(b) harm any plant, or(c) damage, take or interfere with any part of a habitat (including soil, sand, shells or other material occurring naturally within the zone).(2) A person must not take fish from a mooring, or a vessel attached to a mooring, in a sanctuary zone.Maximum penalty: 100 penalty units.(3) However, a person does not commit an offence under this clause if the relevant activity is carried out with the consent of the relevant Ministers.(4) The relevant Ministers may give their consent only for the following purposes:(a) research purposes,(b) environmental protection purposes,(c) public health purposes,(d) public safety purposes,(e) traditional uses.(5) For the purposes of section 17A of the Act, a contravention of subclause (1) is designated as a serious offence.cll 2.5–2.9 (previously sch 1, pt 1, cll 5–9): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.6 Aquaculture not permitted
A person must not carry out aquaculture in a sanctuary zone.Maximum penalty: 100 penalty units.cll 2.5–2.9 (previously sch 1, pt 1, cll 5–9): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.7 Dredging and beach replenishment activities not permitted
(1) A person must not carry out any dredging activity or beach replenishment activity in a sanctuary zone.Maximum penalty: 100 penalty units.(2) However, a person does not commit an offence under this clause if the dredging activity or beach replenishment activity is carried out with the consent of the relevant Ministers.(3) The relevant Ministers may not give their consent to the carrying out of a dredging activity or beach replenishment activity in a sanctuary zone unless:(a) 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, or(b) the activity is dredging activity and it is being carried out as part of an organised research activity.(4) In this clause:beach replenishment activity means the excavation 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.cll 2.5–2.9 (previously sch 1, pt 1, cll 5–9): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.8 Vessels to be anchored or moored only at approved sites
(1) A person must not, while in a sanctuary zone, anchor or moor a vessel except in an area, or at a mooring, (if any) approved for that purpose by the relevant Ministers.Maximum penalty: 100 penalty units.(2) However, a person may anchor or moor a vessel in an area or at a mooring that has not been approved by the relevant Ministers for that purpose in an emergency, where the action is necessary to protect life or property.(3) The relevant Ministers may approve an area or mooring by including a description of that area or mooring in a notice published in the Gazette.cll 2.5–2.9 (previously sch 1, pt 1, cll 5–9): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.9 Fish cleaning permitted only at approved facilities
(1) A person must not clean any fish or any fishing gear while in a sanctuary zone except at a fish cleaning facility (if any) approved by the relevant Ministers for that purpose.(2) However, a person does not commit an offence under this clause if the cleaning is carried out:(a) while on a vessel, and(b) with the consent of the relevant Ministers.(3) The relevant Ministers may approve a fish cleaning facility by including a description of that facility in a notice published in the Gazette.(4) For the purposes of section 17A of the Act, a contravention of this clause is designated as a serious offence.cll 2.5–2.9 (previously sch 1, pt 1, cll 5–9): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
Division 3 Habitat protection zones
pt 2, div 3 (previously sch 1, Part 1, Div 3): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.10 Protection of animals, plants and habitat
(1) A person must not, while in a habitat protection zone:(a) harm any animal (other than fish), or(b) harm any plant at Moonee Beach, or(c) harm any plant somewhere other than Moonee Beach unless the plant:(i) is sea lettuce (Ulva lactuca) or bait weed (Enteromorpha intestinalis), or(ii) is taken from above the mean low water mark from an ocean beach, or(d) 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) However, a person does not commit an offence under this clause if the relevant activity is carried out with the consent of the relevant Ministers.(3) The relevant Ministers may give their consent only for the following purposes:(a) research purposes,(b) environmental protection purposes,(c) public health purposes,(d) public safety purposes,(e) traditional uses,(f) for the purposes of an ecologically sustainable use that does not have a significant impact on fish populations within the zone or on any other animals, plants or habitats.(4) For the purposes of section 36 of the Act, a contravention of subclause (1) is declared to be a forfeiture offence.cll 2.10–2.15 (previously sch 1, pt 1, cll 10–15): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.11 Regulation of fishing (other than at Moonee Beach or Bare Bluff)
(1) A person must not take any fish in a habitat protection zone (other than at the areas to which clauses 2.12 and 2.13 apply) unless:(a) the fish is not of a protected species, and(b) the fish is taken by one of the methods permitted by subclause (2).Maximum penalty: 100 penalty units.(2) For the purposes of subclause (1) (b), the methods are as follows:(a) by use of a hook and hand held line,(b) by hand,(c) by use of a dip or scoop net,(d) by use of a landing net,(e) by use of a spear or spear gun, but not in an estuary,(f) 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),(g) 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),(h) by use of a fish trap, but not in any of the following areas:(i) the area enclosed by the line between the coordinates 29° 41.631′S, 153° 20.470′E and 29° 41.631′S, 153° 22.156′E and 29° 42.925′S, 153° 22.156′E and 29° 42.925′S, 153° 20.470′E, being the area that encompasses Sandon Shoals,(ii) the area enclosed by the line between the coordinates 29° 59.905′S, 153° 14.812′E and 29° 59.905′S, 153° 16.620′E and 30° 01.491′S, 153° 16.620′E and 30° 01.491′S, 153° 14.812′E, being the area that encompasses Chopper Rock, Surgeons Reef and North West Solitary Island,(iii) 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,(i) by the use of a hauling net (general purpose), but not if the net is cast between official sunset and official sunrise, and not on a Saturday, Sunday or public holiday and only at the following beaches:(i) the area from Arrawarra Beach to Corindi Beach between latitudes 30° 03.571′S and 30° 03.250′S,(ii) the area from Sandy Beach to Hearnes Lake Beach south between latitudes 30° 09.347′S and 30° 08.523′S,(iii) Station Creek Beach (north of the access track located approximately midway along Station Creek Beach) between latitudes 29° 57.957′S and 29° 56.995′S but not from 1 October to the last day of February in the succeeding year (inclusive),(iv) Woolgoolga Beach between latitudes 30° 05.677′S and 30° 06.563′S,(v) Park Beach between latitudes 30° 17.678′S and 30° 18.109′S,(j) by use of one of the following nets:(i) hoop or lift net,(ii) spanner crab net,(k) by use of a trap if:(i) the use of the trap is not otherwise prohibited under this clause, and(ii) in the case of fish taken in any part of the waters of Arrawarra Creek, its creeks and tributaries, from its source to its confluence with the South Pacific Ocean—the fish are taken by bait trap.(3) Despite subclauses (2) and (5), a person must not take fish, while demersal fishing, using any fishing gear that has attached to it a wire trace (other than a wire trace for trolling purposes from a vessel that is underway) in the following areas:(a) all waters around North Solitary Island from the mean high water mark and extending 500 metres in all directions around a point centred on 29° 55.351′S, 153° 23.355′E,(b) all waters around South Solitary Island from the mean high water mark and extending 500 metres in all directions around a point centred on 30° 12.141′S, 153° 16.086′E.Maximum penalty: 100 penalty units.(4) Despite subclause (2), a person must not, while in a habitat protection zone, take any fish for aquarium collection purposes.Maximum penalty: 100 penalty units.(5) However, a person does not commit an offence under this clause if the relevant activity is carried out with the consent of the relevant Ministers.(6) The relevant Ministers may give their consent only for the following purposes:(a) research purposes,(b) environmental protection purposes,(c) public health purposes,(d) public safety purposes,(e) traditional uses,(f) non-commercial aquarium purposes.(7) For the purposes of section 17A of the Act, a contravention of this clause in relation to a protected species is designated as a serious offence.cll 2.10–2.15 (previously sch 1, pt 1, cll 10–15): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.12 Regulation of fishing at Moonee Beach
(1) This clause applies to the intertidal zone, between the mean high water mark and the mean low water mark, of Moonee Beach between latitudes 30° 11.893′S and 30° 12.775′S.(2) A person must not take any fish in the area to which this clause applies unless:(a) the fish is one of the following species:(i) finfish (Class Osteichthyes)—all species,(ii) sharks and rays (Class Chondrichthyes)—all species, and(b) the fish is not of a protected species, and(c) the fish is taken by one of the following methods:(i) by use of a hook and hand held line,(ii) by hand,(iii) by use of a dip or scoop net,(iv) by use of a landing net.Maximum penalty: 100 penalty units.(3) A person must not, while in the area to which this clause applies, take any species of invertebrate from the beach.Maximum penalty: 100 penalty units.(4) Despite subclause (2), a person must not, while in the area to which this clause applies, take any fish for aquarium collection purposes.Maximum penalty: 100 penalty units.(5) However, a person does not commit an offence under this clause if the relevant activity is carried out with the consent of the relevant Ministers.(6) The relevant Ministers may give their consent only for the following purposes:(a) research purposes,(b) environmental protection purposes,(c) public health purposes,(d) public safety purposes,(e) traditional uses,(f) non-commercial aquarium purposes.(7) For the purposes of section 17A of the Act, a contravention of this clause in relation to a protected species is designated as a serious offence.cll 2.10–2.15 (previously sch 1, pt 1, cll 10–15): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.13 Regulation of fishing at Bare Bluff
(1) This clause applies to the area enclosed by the line commencing at the intersection of the mean high water mark and latitude 30° 09.378′S at the easternmost point of Bare Bluff, due east approximately 1.5 kilometres to 30° 09.378′S, 153° 13.386′E, then due south approximately 870 metres to 30° 09.845′S, 153° 13.386′E, then due west approximately 1.5 kilometres to 30° 09.845′S, 153° 12.419′E, then due north approximately 580 metres to 30° 09.534′S, 153° 12.419′E, then due west approximately 800 metres to the intersection of the mean high water mark and latitude 30° 09.534′S and then generally north along the mean high water mark of Fiddamans Beach and east around Bare Bluff, to the point of commencement.(2) A person must not take any fish in the area to which this clause applies unless:(a) the fish is taken using either a hook and hand held line or a spear or spear gun, and(b) the fish is not of a protected species.Maximum penalty: 100 penalty units.(3) Despite subclause (2), a person must not, while in the area to which this clause applies, take any fish for aquarium collection purposes.Maximum penalty: 100 penalty units.(4) However, a person does not commit an offence under this clause if the relevant activity is carried out with the consent of the relevant Ministers.(5) The relevant Ministers may give their consent only for the following purposes:(a) research purposes,(b) environmental protection purposes,(c) public health purposes,(d) public safety purposes,(e) traditional uses, and(f) non-commercial aquarium purposes.(6) For the purposes of section 17A of the Act, a contravention of this clause in relation to a protected species is designated as a serious offence.cll 2.10–2.15 (previously sch 1, pt 1, cll 10–15): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.14 Aquaculture not permitted
A person must not carry out aquaculture in a habitat protection zone.Maximum penalty: 100 penalty units.cll 2.10–2.15 (previously sch 1, pt 1, cll 10–15): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.15 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 any crab by use of a trap.Maximum penalty: 100 penalty units.(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 29° 50.404′S, 153° 14.607′E, then upstream to include the entire upper reaches of the Wooli Wooli River to the tidal limit.cll 2.10–2.15 (previously sch 1, pt 1, cll 10–15): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
Division 4 General use zone
pt 2, div 4 (previously sch 1, Part 1, Div 4): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.16 Protection of animals, plants and habitat
(1) A person must not, while in the general use zone:(a) harm any animal (other than fish), or(b) harm any plant, or(c) damage, take or interfere with any part of a habitat (including soil, sand, shells or other material occurring naturally within the zone).Maximum penalty: 100 penalty units.(2) However, a person does not commit an offence under this clause if the relevant activity is carried out with the consent of the relevant Ministers.(3) The relevant Ministers may give their consent only for the following purposes:(a) research purposes,(b) environmental protection purposes,(c) public health purposes,(d) public safety purposes,(e) traditional uses,(f) for the purposes of an ecologically sustainable use.(4) For the purposes of section 36 of the Act, a contravention of subclause (1) (c) is declared to be a forfeiture offence.cll 2.16, 2.17 (previously sch 1, pt 1, cll 16, 17): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.17 Regulation of fishing
(1) A person must not, while in the general use zone:(a) take any protected species of fish, or(b) harm any protected species of fish.(2) A person must not, while in the general use zone:(a) take any fish for aquarium collection purposes, or(b) take any fish, as follows:(i) by use of a set line,(ii) by use of a purse seine net,(iii) by use of a drift line,(iv) by use of a hauling net (general purpose),(v) by use of a garfish net (hauling),(vi) by use of a pilchard, anchovy or bait net (hauling),(vii) by use of any means of trawling other than an otter trawl net (prawns).Maximum penalty: 100 penalty units.(3) However, a person does not commit an offence under this clause if the relevant activity is carried out with the consent of the relevant Ministers.(4) The relevant Ministers may give their consent only for the following purposes:(a) research purposes,(b) environmental protection purposes,(c) public health purposes,(d) public safety purposes,(e) traditional uses,(f) non-commercial aquarium purposes.(5) Nothing in this clause prohibits the carrying out of aquaculture in the general use zone.(6) For the purposes of section 17A of the Act, a contravention of subclause (1) is designated as a serious offence.cll 2.16, 2.17 (previously sch 1, pt 1, cll 16, 17): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
Division 5 Special purpose zones
pt 2, div 5 (previously sch 1, Part 1, Div 5): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.18 Additional objects
In addition to the general objects of special purpose zones set out in clause 1.10, the additional specific objects of the following special purpose zones are as follows:(a) an object of the Sandon River oyster aquaculture special purpose zone and the Wooli Wooli River oyster aquaculture special purpose zone is to provide for the management of aquaculture,(b) an object of the Pipe Clay Lake Aboriginal special purpose zone is to provide for rehabilitation, traditional use and research,(c) an object of the Arrawarra Headland Aboriginal special purpose zone is to provide for traditional use and research,(d) an object of the Corindi River Aboriginal special purpose zone is to provide for traditional use and recreation,(e) an object of the Corindi Rock Platform Aboriginal special purpose zone is to provide for traditional use and recreation,(f) an object of the Red Rock Beach Aboriginal special purpose zone is to provide for traditional use and recreation.cll 2.18–2.25 (previously sch 1, pt 1, cll 18–25): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.19 Protection of animals, plants and habitat
(1) A person must not, while in a special purpose zone:(a) harm any animal (other than fish), or(b) harm any plant, or(c) damage, take or interfere with any part of a habitat (including soil, sand, shells or other material occurring naturally within the zone).Maximum penalty: 100 penalty units.(2) However, a person does not commit an offence under this clause if the relevant activity is carried out with the consent of the relevant Ministers.(3) The relevant Ministers may give their consent only for the following purposes:(a) research purposes,(b) environmental protection purposes,(c) public health purposes,(d) public safety purposes,(e) traditional uses,(f) for the purposes of an ecologically sustainable use.(4) For the purposes of section 36 of the Act, a contravention of subclause (1) is declared to be a forfeiture offence.cll 2.18–2.25 (previously sch 1, pt 1, cll 18–25): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.20 Regulation of fishing at Red Rock Beach Aboriginal special purpose zone
(1) A person must not take any fish in the Red Rock Beach Aboriginal special purpose zone unless:(a) the fish is not of a protected species, and(b) the fish is taken by one of the following methods:(i) by use of a hook and hand held line,(ii) by hand,(iii) by use of a dip or scoop net,(iv) by use of a landing net,(v) by use of a spear or spear gun,(vi) 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).Maximum penalty: 100 penalty units.(2) A person must not, while in the Red Rock Beach Aboriginal special purpose zone:(a) carry out commercial fishing activities, or(b) participate in a fishing competition.Maximum penalty: 100 penalty units.(3) Despite subclause (1), a person must not, while in Red Rock Beach Aboriginal special purpose zone, take any fish for aquarium collection purposes.Maximum penalty: 100 penalty units.(4) However, a person does not commit an offence under this clause if the relevant activity is carried out with the consent of the relevant Ministers.(5) The relevant Ministers may give their consent only for the following purposes:(a) research purposes,(b) environmental protection purposes,(c) public health purposes,(d) public safety purposes,(e) traditional uses,(f) non-commercial aquarium purposes.(6) For the purposes of section 17A of the Act, a contravention of this clause in relation to a protected species is designated as a serious offence.cll 2.18–2.25 (previously sch 1, pt 1, cll 18–25): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.21 Prohibition on fishing in Pipe Clay Lake or Arrawarra Headland Aboriginal special purpose zones
(1) A person must not, while in Pipe Clay Lake Aboriginal special purpose zone or the Arrawarra Headland Aboriginal special purpose zone, take any fish.Maximum penalty: 100 penalty units.(2) However, a person does not commit an offence under this clause if the relevant activity is carried out with the consent of the relevant Ministers.(3) The relevant Ministers may give their consent only for the following purposes:(a) research purposes,(b) environmental protection purposes,(c) public health purposes,(d) public safety purposes,(e) traditional uses,(f) non-commercial aquarium purposes.(4) For the purposes of section 17A of the Act, a contravention of this clause in relation to a protected species is designated as a serious offence.cll 2.18–2.25 (previously sch 1, pt 1, cll 18–25): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.22 Regulation of fishing in Sandon River and Wooli Wooli River oyster aquaculture special purpose zones
(1) This clause applies to the Sandon River oyster aquaculture special purpose zone and the Wooli Wooli River oyster aquaculture special purpose zone.(2) A person must not, while in an area to which this clause applies:(a) take any protected species of fish, or(b) harm any protected species of fish.(3) A person must not, while in an area to which this clause applies:(a) take fish by use of a spear or spear gun, or(b) take any fish for aquarium collection purposes, or(c) take fish by any method other than the following:(i) by use of a hook and hand held line,(ii) by hand,(iii) by use of a dip or scoop net,(iv) by use of a landing net,(v) by use of hoop or lift net.Maximum penalty: 100 penalty units.(4) However, a person does not commit an offence under this clause if the relevant activity is carried out with the consent of the relevant Ministers.(5) The relevant Ministers may give their consent only for the following purposes:(a) research purposes,(b) environmental protection purposes,(c) public health purposes,(d) public safety purposes,(e) traditional uses,(f) non-commercial aquarium purposes.(6) For the purposes of section 17A of the Act, a contravention of subclause (2) is designated as a serious offence.cll 2.18–2.25 (previously sch 1, pt 1, cll 18–25): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.23 Regulation of fishing in Corindi River Aboriginal special purpose zone
(1) A person must not, while in the Corindi River Aboriginal special purpose zone:(a) take any protected species of fish, or(b) harm any protected species of fish.(2) A person must not, while in the Corindi River Aboriginal special purpose zone:(a) take fish by any method other than the following:(i) by use of a hook and hand held line,(ii) by hand,(iii) by use of a dip or scoop net,(iv) by use of a landing net,(v) by use of a trap, or(b) carry out commercial fishing activities, or(c) take any fish for aquarium collection purposes.(3) However, a person does not commit an offence under this clause if the relevant activity is carried out with the consent of the relevant Ministers.(4) The relevant Ministers may give their consent only for the following purposes:(a) research purposes,(b) environmental protection purposes,(c) public health purposes,(d) public safety purposes,(e) traditional uses,(f) non-commercial aquarium purposes.(5) For the purposes of section 17A of the Act, a contravention of subclause (1) is designated as a serious offence.cll 2.18–2.25 (previously sch 1, pt 1, cll 18–25): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.24 Regulation of fishing in Corindi Rock Platform Aboriginal special purpose zone
(1) A person must not, while in the Corindi Rock Platform Aboriginal special purpose zone:(a) take any protected species of fish, or(b) harm any protected species of fish.(2) A person must not, while in the Corindi Rock Platform Aboriginal special purpose zone:(a) take any fish for aquarium collection purposes, or(b) carry out commercial fishing, or(c) take fish by any method other than by use of a hook and hand held line, a spear or spear gun.Maximum penalty: 100 penalty units.(3) A person must not, while in the Corindi Rock Platform Aboriginal special purpose zone take any invertebrate.Maximum penalty: 100 penalty units.(4) However, a person does not commit an offence under this clause if the relevant activity is carried out with the consent of the relevant Ministers.(5) The relevant Ministers may give their consent only for the following purposes:(a) research purposes,(b) environmental protection purposes,(c) public health purposes,(d) public safety purposes,(e) traditional uses,(f) non-commercial aquarium purposes.(6) For the purposes of section 17A of the Act, a contravention of subclause (1) is designated as a serious offence.cll 2.18–2.25 (previously sch 1, pt 1, cll 18–25): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.25 Aquaculture
(1) A person must not carry out aquaculture in:(a) the Pipe Clay Lake Aboriginal special purpose zone, or(b) the Arrawarra Headland Aboriginal special purpose zone, or(c) the Corindi River Aboriginal special purpose zone, or(d) the Corindi Rock Platform Aboriginal special purpose zone, or(e) the Red Rock Beach Aboriginal special purpose zone.Maximum penalty: 100 penalty units.(2) A person must not carry out aquaculture in any other special purpose zone unless:(a) the person has the consent of the relevant Ministers to carry out aquaculture in that place, or(b) planning approval has been given to the carrying out of aquaculture in that place.Maximum penalty: 100 penalty units.cll 2.18–2.25 (previously sch 1, pt 1, cll 18–25): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
Division 6 Protection of animals and plants
pt 2, div 6 (previously sch 1, Part 1, Div 6): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.26 Possession of 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 Part is guilty of an offence.Maximum penalty: 100 penalty units.(2) For the purposes of this clause, a person who is on board a boat is taken to be in possession of any plant or animal found in the boat.(3) 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 Part.(4) For the purposes of section 36 of the Act, a contravention of subclause (1) is declared to be a forfeiture offence.cll 2.26–2.30 (previously sch 1, pt 1, cll 26–30): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.27 Possession of equipment used to take animals or plants
(1) A person who, while in any part of the 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.(2) A person who, while in any part of the 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.(3) 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.(4) It is a defence to a prosecution for an offence under this clause if the person charged satisfies the court:(a) if the equipment concerned was fishing gear—that the fishing gear was being transported to or from any place where the person could lawfully use the equipment to take fish and was in the authorised state, or(b) if the equipment concerned was not fishing gear—that the equipment was being transported to or from any place where the person could lawfully use the equipment to take animals or plants, and was in a state in which it could not have been used to take animals or plants, or(c) if the equipment concerned was a fishing line—that the fishing line was on board a vessel within a sanctuary zone, the vessel was anchored, moored or aground and the fishing line was in the unrigged state, or(d) that the person could not reasonably have known that the equipment was on board the boat concerned, or(e) 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.(5) For the purposes of subclause (4) (a), the is:(a) in the case of a fishing line—no part of the line was immersed in the waters of the marine park and no hook was baited, or(b) in the case of a fishing net—no part of the net was immersed in the waters of the marine park, or(c) in the case of fishing gear not described in paragraph (a) or (b) and not a spear gun—the gear was stowed away, or(d) in the case of an assembled rubber powered spear gun—the spear gun did not have the shaft engaged in the trigger mechanism and the rubbers stretched and engaged in the shaft, or(e) in the case of a pneumatic, spring or gas-powered spear gun—the spear gun did not have the spear shaft located within the barrel of the spear gun, or(f) in the case of a spear gun not described in paragraphs (d) or (e)—the spear gun was disassembled.(6) For the purposes of subclause (4) (c), the unrigged state, in relation to a fishing line, means no part of the fishing line is attached to any hook, artificial lure, artificial fly, swivel or other piece of fishing tackle (other than any reel the fishing line was spooled on).cll 2.26–2.30 (previously sch 1, pt 1, cll 26–30): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.28 Fish trapping
A commercial fisher must not set more than 10 fish traps within the boundaries of the marine park at any one time.Maximum penalty: 100 penalty units.cll 2.26–2.30 (previously sch 1, pt 1, cll 26–30): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.29 Fish attracting devices
A person must not leave any floating device or floating structure unattended in the marine park unless:(a) the person has the consent of the relevant Ministers to the leaving of the floating devices, or(b) planning approval has been given to the leaving of the floating devices.Maximum penalty: 50 penalty units.cll 2.26–2.30 (previously sch 1, pt 1, cll 26–30): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.30 Fish feeding
(1) A person must not feed fish in any part of the marine park unless:(a) the person is berleying in the course of fishing activities permitted by or under the Act in the part of the marine park concerned, or(b) the person has the consent of the relevant Ministers to feed fish, or(c) planning approval has been given to the feeding of fish.Maximum penalty: 100 penalty units.(2) The relevant Ministers may not give consent to the following:(a) commercial shark feeding in any part of the marine park,(b) fish feeding in a sanctuary zone.cll 2.26–2.30 (previously sch 1, pt 1, cll 26–30): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
Division 7 Bringing certain animals and plants into any part of marine park
pt 2, div 7 (previously sch 1, Part 1, Div 7): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.31 Prohibition on bringing or releasing exotic animals and plants into marine park
A person must not:(a) bring any exotic animal (other than a domesticated animal) into the marine park, or(b) bring any exotic plant into the marine park, or(c) cause or allow any exotic animal to be released into the marine park, or(d) cause or allow any exotic plant to be introduced into the marine park.Maximum penalty: 100 penalty units.cl 2.31 (previously sch 1, pt 1, cl 31): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2009 No 106, Sch 2.20 [1]. Subst 2011 (29), Sch 1 [5].
2.32 Restrictions on bringing domesticated animals into marine park
(1) A person must not bring a domesticated animal into the marine park.Maximum penalty: 100 penalty units.(2) Despite subclause (1), a person may bring a domesticated animal into the following parts of the marine park:(a) tidal lands of the marine park if those tidal lands are not directly seaward of:(i) any land dedicated or reserved under the National Parks and Wildlife Act 1974, or(ii) a place in which the animal is prohibited under the Companion Animals Act 1998,(b) waters of the marine park that are not part of land dedicated or reserved under the National Parks and Wildlife Act 1974 if the animal remains confined to a vessel,(c) tidal lands of the marine park that are directly seaward of any land dedicated or reserved under the National Parks and Wildlife Act 1974 if permitted under a plan of management under that Act,(d) Moonee Beach.(3) Despite subclause (1), a person may bring a domesticated animal into any part of the marine park:(a) if the person is authorised by law to do so, orNote—Section 59 of the Companion Animals Act 1998 entitles a person with a disability to be accompanied by an assistance animal being used bona fide by the person to assist the person into or onto any place open to or used by the public.(b) if the person has the consent of the relevant Ministers to bring the animal into that place, or(c) if the person has planning approval to bring the animal into that place, or(d) if the person is a police officer and the animal is a police dog.(4) A person who is permitted to bring a domesticated animal into the marine park by this clause must not leave the animal unattended in the marine park. For the purposes of this subclause, a domesticated animal is unattended whenever it is not under the control of a responsible person.Maximum penalty: 100 penalty units.(5) A person who brings a domesticated animal into the marine park must collect any faeces deposited by that animal and remove the faeces from the marine park.Maximum penalty: 5 penalty units.(6) 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.cl 2.32: Ins 2011 (29), Sch 1 [5].
Division 8 Restrictions on use of vessels and vehicles
pt 2, div 8 (previously sch 1, Part 1, Div 8): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.33 Use, mooring or anchoring of vessels, motorised vehicles and motorised equipment
(1) A person must not use a motorised vessel that is a personal watercraft in any estuary in the marine park unless:(a) the vessel is a personal watercraft used in the estuary 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, or(b) the person has the consent of the relevant Ministers to carry out the relevant activity.Maximum penalty: 50 penalty units.(2) A person must not use a personal watercraft in the Corindi Rock Platform Aboriginal special purpose zone, unless to do so is necessary to protect life or property.Maximum penalty: 50 penalty units.(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.cll 2.33–2.35: Ins 2011 (29), Sch 1 [5].
2.34 Areas in which use of vehicles prohibited
(1) A person must not use a motorised vehicle in the marine park, except for the purpose of launching and retrieving vessels from a designated boat-launching facility.Maximum penalty: 50 penalty units.(2) This clause does not apply to or in respect of the following:(a) an authorised vehicle, a police vehicle or an emergency vehicle,(b) a commercial fisher lawfully using a vehicle on a beach in connection with his or her fishing activities,(c) a person who has been authorised by the Clarence Valley Council or the Coffs Harbour City Council to use a motorised vehicle and who is using the vehicle in accordance with that authorisation,(d) a person using a vehicle on any of the following beaches:(i) Sandon Beach, north of the Illaroo access track at 29° 45.261′S,(ii) Station Creek Beach, between the access track (located approximately midway along Station Creek Beach) at 29° 57.957′S and the Pebbly Beach access track at 29° 56.921′S (approximately 2.2 kilometres north), and west of 153° 15.364′E,(iii) Wooli Beach.(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) a regulatory authority,(b) any other government department or public or local authority,(c) a surf life saving club.designated boat-launching facility means a facility in the marine park designated by the Authority or another relevant government department or public or local authority as appropriate for boat-launching by notice published in the Gazette.emergency vehicle has the meaning given by the Road Transport (Vehicle Registration) Regulation 2007.police vehicle has the meaning given by the Road Transport (Vehicle Registration) Regulation 2007.cll 2.33–2.35: Ins 2011 (29), Sch 1 [5].
2.35 Discharge from vessels
A person must not discharge ballast water, drawn from waters outside the marine park, within the marine park.Maximum penalty: 100 penalty units.cll 2.33–2.35: Ins 2011 (29), Sch 1 [5].
Division 9 Restrictions on certain other activities throughout marine park
pt 2, div 9 (previously sch 1, Part 1, Div 9): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
pt 2, div 9, tbls: Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Rep 2011 (29), Sch 1 [5].
2.36 Organised research activities
(1) A person must not carry out any organised research activity in the marine park unless:(a) the person has the consent of the relevant Ministers to carry out the organised research activity, or(b) planning approval has been given to the carrying out of the organised research activity.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.cll 2.36–2.42: Ins 2011 (29), Sch 1 [5].
2.37 Commercial activities
(1) A person must not in the marine park sell or hire any article, thing or service to any person unless:(a) the person has the consent of the relevant Ministers to carry out the relevant activity, or(b) planning approval has been given to the relevant activity.Maximum penalty: 100 penalty units.(2) A person must not in the marine park conduct, or assist in the conduct of, any amusement, entertainment, instruction, performance or activity for money or other consideration of any kind unless:(a) the person has the consent of the relevant Ministers to carry out the relevant activity, or(b) planning approval has been given to the carrying out of the activity.Maximum penalty: 100 penalty units.(3) A person does not commit an offence under subclause (1) by taking fish in the marine park for the purposes of sale or by assisting in the conduct of that activity.(4) A person does not commit an offence under subclause (1) if the person carries out an activity described in that subclause in the marine park without the consent of the relevant Ministers if the activity only involves a commercial vessel passing through the 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.cll 2.36–2.42: Ins 2011 (29), Sch 1 [5].
2.38 Filming activities
(1) A person must not take any photograph, or film any video, movie or television film, in the 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, or(d) has the potential to exclude an area of the marine park from use by other users.Maximum penalty: 100 penalty units.(2) However, a person does not commit an offence under this clause if:(a) the person has the consent of the relevant Ministers to carry out the relevant activity, or(b) planning approval has been given to the carrying out of the activity.Note—The Filming Approval Act 2004 requires approval for filming in national parks, marine parks and certain other areas.cll 2.36–2.42: Ins 2011 (29), Sch 1 [5].
2.39 Organised sporting, educational and recreational activities
(1) A person must not:(a) organise or conduct any sporting competition or tournament in the 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 the marine park, or(c) organise or conduct any training manoeuvre or similar activity or event in the marine park, or(d) organise or conduct any educational program involving the taking of animals or plants from the marine park.Maximum penalty: 100 penalty units.(2) However, a person does not commit an offence under this clause if:(a) the person has the consent of the relevant Ministers to carry out the relevant activity, or(b) planning approval has been given to the carrying out of the activity.cll 2.36–2.42: Ins 2011 (29), Sch 1 [5].
2.40 Camping or residing in marine park
(1) A person must not:(a) camp in any part of the 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 the marine park that is owned or managed by the Authority, or(c) reside permanently in the marine park.Maximum penalty: 100 penalty units.(2) However, a person does not commit an offence under this clause if:(a) the person has the consent of the relevant Ministers to carry out the relevant activity, or(b) planning approval has been given to the carrying out of the activity.(3) 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.cll 2.36–2.42: Ins 2011 (29), Sch 1 [5].
2.41 Lighting fires
(1) A person must not light any fire on any beach, reef or other emergent land within the marine park unless:(a) the person has the consent of the relevant Ministers to carry out the relevant activity, or(b) planning approval has been given to the carrying out of the activity.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 2.36–2.42: Ins 2011 (29), Sch 1 [5].
2.42 Protection of marine park moorings, buoys, signs and facilities
(1) A person must not:(a) remove, move, damage or interfere with a mooring in the 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 the marine park, or(c) place any mooring, buoy or sign in the marine park (unless the placement is authorised by an occupation licence or other authorisation issued under the Maritime Services Act 1935), or(d) damage, deface or interfere with any property or facility in the 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 the marine park that is owned or managed by the Authority.Maximum penalty: 100 penalty units.(2) However, a person does not commit an offence under subclause (1) if:(a) the person has the consent of the relevant Ministers to carry out the relevant activity, or(b) planning approval has been given to the carrying out of the activity.(3) A person must not contravene the conditions of use displayed on a mooring in the marine park that is provided by or on behalf of the Authority.Maximum penalty: 100 penalty units.(4) A person must not attach a vessel to another vessel that is attached to a mooring in the marine park that is provided by or on behalf of the Authority.Maximum penalty: 100 penalty units.(5) It is not an offence under subclause (4) to attach a vessel to the vessel’s tender.cll 2.36–2.42: Ins 2011 (29), Sch 1 [5].
Division 10 General
pt 2, div 10 (previously sch 1, Part 1, Div 10): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
pt 2, div 10, Maps: Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Rep 2011 (29), Sch 1 [5].
2.43 Defences
(1) It is a defence to a prosecution for an offence under clauses 2.5, 2.10. 2.17 and 2.20 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.(2) It is a defence to a prosecution for an offence under clauses 2.11, 2.12, 2.13, 2.14, 2.18 and 2.22–2.24 if the person charged satisfies the court:(a) that the act or omission constituting the offence was a routine activity in connection with a lawful activity, or(b) that:(i) 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(ii) 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.cll 2.43, 2.44: Ins 2011 (29), Sch 1 [5].
2.44 Savings
Any act, matter or thing that had effect under this Regulation in relation to the Solitary Islands Marine Park immediately before the commencement of the Marine Parks (Zoning Plans) Amendment (Solitary Islands and Jervis Bay Marine Parks) Regulation 2011 continues to have effect under this Part.cll 2.43, 2.44: Ins 2011 (29), Sch 1 [5].
Division 11 Description of zones
pt 2, div 11 (previously sch 1, Part 1, Div 11): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5].
2.45 Description of sanctuary zones
The sanctuary zones of the marine park are the following areas:(a) Sandon River sanctuary zoneThe whole of the tidal waters and tidal lands of Toumbaal Creek, including all its creeks, bays and tributaries upstream of 29° 40.151′S, 153° 19.001′E and a line drawn generally east of that point to the eastern bank, to the mean high water mark.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 29° 41.138′S, 153° 18.142′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.The whole of the tidal waters and tidal lands incorporating the island or mudflat area in the main section of the Sandon River, to the mean high water mark, east of a line drawn commencing at 29° 40.628′S, 153° 18.932′E, then generally south west to 29° 40.725′S, 153° 18.877′E, then following the western side of the estuarine islands to 29° 40.815′S, 153° 18.768′E, and ending at 29° 40.938′S, 153° 18.777′E.(b) Northern sanctuary zoneThe area enclosed by the line commencing at 29° 42.925′S, 153° 18.919′E, approximately 1 kilometre seaward of Sandon Beach, then due east approximately 6 kilometres to the intersection of latitude 29° 42.925′S and the marine park boundary, then generally south approximately 5 kilometres following the boundary of the marine park to the intersection of latitude 29° 45.657′S and the marine park boundary in line with Rocky Point, then due west approximately 4 kilometres to 29° 45.657′S, 153° 18.919′E approximately 1.7 kilometres east of Rocky Point, then due north to the point of commencement.(c) Diggers Camp sanctuary zoneThe area enclosed by the line commencing at the intersection of latitude 29° 47.153′S and the mean high water mark on Minnie Water Back Beach, then due east approximately 5.6 kilometres to the intersection of latitude 29° 47.153′S and the marine park boundary, then generally south along the marine park boundary approximately 4 kilometres to the intersection of latitude 29° 49.137′S and the marine park boundary, then due west approximately 5.6 kilometres to the intersection of latitude 29° 49.137′S and the mean high water mark at the southern end of Diggers Camp rock platform, then generally north along the mean high water mark to the northern end of Diggers Camp rock platform at the intersection of the mean high water mark and longitude 153° 17.431′E, then due north approximately 1.5 kilometres to 29° 48.115′S, 153° 17.431′E approximately 400 metres from the shore at Diggers Camp beach, then due west to the intersection of the mean high water mark and latitude 29° 48.115′S, then generally north approximately 2 kilometres along the mean high water mark returning to the point of commencement.(d) Wooli Wooli River sanctuary zoneThe 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 29° 50.383′S, 153° 13.976′E and 29° 50.450′S, 153° 13.935′E, at the forks, to the mean high water mark.(e) Station Creek sanctuary zoneThe whole of the tidal waters and tidal lands of Station Creek including all its creeks, bays and tributaries upstream from a line drawn between 29° 56.864′S, 153° 14.765′E and 29° 56.868′S, 153° 14.788′E, approximately 1.2 kilometres upstream of the mouth of the creek, to the mean high water mark.(f) Corindi River sanctuary zoneThe whole of the tidal waters and tidal lands of the Corindi River (lower reaches), north of the main channel from a line commencing at the northern bank of the mouth of the river at 29° 58.730′S, 153° 13.955′E to the south eastern point of the main island at 29° 58.838′S, 153° 13.653′E, then following the southern and western part of the island to the northern point at 29° 58.635′S, 153° 13.641′E, then generally north to the eastern point of the small island at 29° 58.507′S, 153° 13.600′E, then following the southern bank of the small island to the western side of the small island to 29° 58.492′S, 153° 13.545′E, then due west upstream to the northern bank of the river at 29° 58.481′S, 153° 13.498′E, then following the northern bank of the river to 29° 58.454′S, 153° 13.276′E, then upstream to a second small island at 29° 58.584′S, 153° 13.235′E, and continues upstream to the junction of the Corindi River and Mullet Creek at 29° 58.672′S, 153° 13.275′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.(g) Central sanctuary zoneThe area enclosed by the line commencing at the intersection of latitude 29° 54.523′S and the mean high water mark approximately 2 kilometres south of Jones Point, then due east approximately 1.4 kilometres to 29° 54.523′S, 153° 17.224′E, then due south approximately 3.2 kilometres to 29° 56.268′S, 153° 17.224′E, then due east approximately 10.8 kilometres to 29° 56.268′S, 153° 23.931′E, then due south approximately 3.4 kilometres to 29° 58.120′S, 153° 23.931′E, then generally south west approximately 2.2 kilometres to the intersection of longitude 153° 22.936′E with the marine park boundary at or near 29° 58.928′S, 153° 22.936′E, then generally north west, south west and south following the marine park boundary to the intersection of the boundary with latitude 29° 58.971′S, at or near 29° 58.971′S, 153° 19.061′E, then due west approximately 3 kilometres to 29° 58.971′S, 153° 17.224′E, then due north approximately 5 kilometres to 29° 56.268′S, 153° 17.224′E, then due west approximately 1.9 kilometres to 29° 56.268′S, 153° 16.054′E, then due north approximately 700 metres to 29° 55.880′S, 153° 16.054′E, then due west approximately 600 metres to the intersection of the mean high water mark and latitude 29° 55.880′S, then generally north approximately 3 kilometres along the mean high water mark, returning to the point of commencement.(h) Deepwater sanctuary zoneThe area enclosed by the line commencing at 29° 54.894′S, 153° 25.350′E, then due east approximately 2.4 kilometres to the intersection of latitude 29° 54.894′S with the marine park boundary at 29° 54.894′S, 153° 26.866′E, then generally south then south west following the marine park boundary to the intersection of the marine park boundary and longitude 153° 25.350′E at or near 29° 58.554′S, 153° 25.350′E, then generally north approximately 6.7 kilometres to the point of commencement.(i) Jones Beach and Jones Point sanctuary zoneThe area enclosed by the line commencing at the intersection of latitude 29° 53.320′S and the mean high water mark of Jones Beach near the southern breakwall at the entrance to the Wooli Wooli River, then due east approximately 720 metres to 29° 53.320′S, 153° 16.599′E, then due south approximately 590 metres to 29° 53.637′S, 153° 16.599′E, then due west approximately 220 metres to the intersection of the mean high water mark and latitude 29° 53.637′S, then generally north along the shoreline at the mean high water mark, returning to the point of commencement.(j) Flat Top Point sanctuary zoneThe area enclosed by the line commencing at 30° 07.663′S, 153° 12.357′E to the north west of Flat Top Point, then due east approximately 500 metres to 30° 07.663′S, 153° 12.675′E, then due south approximately 575 metres to 30° 07.974′S, 153° 12.675′E, then due west approximately 500 metres to 30° 07.974′S, 153° 12.357′E then due north approximately 575 metres, returning to the point of commencement.(k) Southern sanctuary zoneThe area enclosed by the line commencing at the intersection of the mean high water mark and latitude 30° 09.534′S approximately 100 metres south of Bare Bluff, then due east approximately 785 metres to 30° 09.534′S, 153° 12.419′E, then due south approximately 575 metres to 30° 09.845′S, 153° 12.419′E, then due east approximately 1.5 kilometres to 30° 09.845′S, 153° 13.386′E, then due north approximately 870 metres to 30° 09.378′S, 153° 13.386′E, then due east approximately 1.1 kilometres to 30° 09.378′S, 153° 14.022′E, then due south approximately 6.5 kilometres to 30° 12.860′S, 153° 14.022′E, then due west approximately 6.3 kilometres to 30° 12.860′S, 153° 10.120′E, then due north approximately 1.8 kilometres to 30° 11.893′S, 153° 10.120′E, then due west approximately 200 metres to the intersection of the mean high water mark and latitude 30° 11.893′S on Moonee Beach, then following the mean high water mark generally north along the shoreline approximately 2.4 kilometres to the intersection of the mean high water mark and latitude 30° 10.867′S on Moonee Beach, then due east approximately 1.7 kilometres to 30° 10.867′S, 153° 11.858′E, then due north approximately 1.9 kilometres to 30° 09.916′S, 153° 11.858′E, then due west approximately 500 metres to the intersection of the mean high water mark and latitude 30° 09.916′S at Diggers Point, then generally north along the shoreline at the mean high water mark returning to the point of commencement.(l) North Solitary Island sanctuary zoneThe area enclosed by the line commencing at 29° 55.250′S, 153° 22.933′E, then due east approximately 650 metres to 29° 55.250′S, 153° 23.342′E, approximately 275 metres north of the eastern shore of Anemone Bay on North Solitary Island, then due south approximately 300 metres to the intersection of the mean high water mark of North Solitary Island and longitude 153° 23.342′E, then generally west and then south along the mean high water mark of the western shore of North Solitary Island to the intersection of the mean high water mark and latitude 29° 55.978′S, then due west approximately 1 kilometre to 29° 55.978′S, 153° 22.933′E, then due north approximately 1.4 kilometres returning to the point of commencement.(m) North West Rock sanctuary zoneThe area enclosed by the line commencing at 29° 54.623′S, 153° 22.829′E approximately 400 metres generally north west of North West Rock, then due east approximately 575 metres to 29° 54.623′S, 153° 23.124′E, then due south approximately 375 metres to 29° 54.840′S, 153° 23.124′E, then generally south west approximately 150 metres to 29° 54.893′S, 153° 23.056′E, then due west approximately 375 metres to 29° 54.893′S, 153° 22.829′E, then due north approximately 550 metres returning to the point of commencement.(n) North West Solitary Island sanctuary zoneThe area enclosed by the line commencing at the intersection of the mean high water mark with longitude 153° 16.296′E on the most northerly point of North West Solitary Island, at or near 30° 00.968′S, 153° 16.296′E, then generally north west approximately 500 metres to 30° 00.758′S, 153° 16.093′E, then in a direct line generally south approximately 1 kilometre to 30° 01.323′S, 153° 16.048′E, then generally north east approximately 370 metres to the intersection of the mean high water mark with longitude 153° 16.227′E at the southern end of North West Solitary Island at or near 30° 01.212′S, 153° 16.227′E, and returning along the mean high water mark on the western side of the island to the point of commencement.(o) South Solitary Island sanctuary zoneThe area enclosed by the line commencing at 30° 12.080′S, 153° 16.029′E approximately 120 metres north of the South Solitary Island group (Lots 1 and 2, DP 775304), then generally south east approximately 150 metres to 30° 12.134′S, 153° 16.097′E, then due south approximately 180 metres to 30° 12.230′S, 153° 16.097′E, then due west to the intersection of the mean high water mark and latitude 30° 12.230′S, at or near 30° 12.230′S, 153° 16.021′E on the largest island of the South Solitary Island group, then following the shoreline at the mean high water mark of this island generally west and south to the intersection of latitude 30° 12.445′S and the mean high water mark immediately north west of the southern extremity of the island at or near 30° 12.445′S, 153° 16.010′E, then due west approximately 250 metres to 30° 12.445′S, 153° 15.855′E, then due north approximately 550 metres to 30° 12.158′S, 153° 15.855′E, then generally north east approximately 315 metres to the point of commencement.(p) Split Solitary Island sanctuary zoneThe area enclosed by the line commencing at 30° 14.302′S, 153° 10.635′E, then due east approximately 150 metres at or near 30° 14.302′S and 153° 10.731′E then generally south east approximately 200 metres to the intersection of the mean high water mark and longitude 153° 10.796′E on the northern side of Split Solitary Island at or near 30° 14.395′S, 153° 10.796′E, then following the mean high water mark around the western and southern shoreline of Split Solitary Island to the intersection of the mean high water mark and longitude 153° 10.858′E on the southern side of the island at or near 30° 14.469′S, 153° 10.858′E (adjacent to the “split” in the island), then generally south east approximately 300 metres to 30° 14.602′S, 153° 10.956′E, then due west approximately 545 metres to 30° 14.602′S, 153° 10.635′E, then due north approximately 550 metres to the point of commencement.cll 2.45–2.48: Ins 2011 (29), Sch 1 [5].
2.46 Description of habitat protection zone
The habitat protection zone is comprised of all parts of the marine park that are not included in a sanctuary zone, a special purpose zone or a general use zone.cll 2.45–2.48: Ins 2011 (29), Sch 1 [5].
2.47 Description of general use zones
The general use zones of the marine park are the following areas:(a) Central general use zoneThe area enclosed by the line commencing at the intersection of longitude 153° 23.931′E and the marine park boundary at or near 29° 51.757′S, 153° 23.931′E, then generally south east following the marine park boundary to the intersection of latitude 29° 54.894′S with the marine park boundary at or near 29° 54.894′S, 153° 26.866′E, then due west approximately 2.4 kilometres to 29° 54.894′S, 153° 25.350′E, then due south approximately 6.7 kilometres to the intersection of the marine park boundary and longitude 153° 25.350′E at or near 29° 58.554′S, 153° 25.350′E, then generally west following the marine park boundary to the intersection of longitude 153° 22.936′E with the marine park boundary at or near 29° 58.928′S, 153° 22.936′E, then generally north east approximately 2.2 kilometres to 29° 58.120′S, 153° 23.931′E, then due north approximately 11.8 kilometres to the point of commencement.(b) Southern general use zoneThe area enclosed by the line commencing at 30° 1.831′S, 153° 14.612′E, then due east approximately 8.2 kilometres to the intersection of latitude 30° 01.831′S with the marine park boundary at or near 30° 01.831′S, 153° 19.690′E, generally south west and then south following the marine park boundary to the intersection of the boundary with latitude 30° 09.378′S at or near 30° 09.378′S, 153° 17.442′E, then due west approximately 4.5 kilometres to 30° 09.378′S, 153° 14.612′E, then due north approximately 14 kilometres to the point of commencement.(c) South-east general use zoneThe area enclosed by the line commencing at the intersection of the marine park boundary with the latitude 30° 09.378′S at or near 30° 09.378′S, 153° 17.442′E, then generally south-east following the marine park boundary to the intersection of the boundary with latitude 30° 10.625′S at or near 30° 10.625′S, 153° 19.068′E, then due west approximately 2.6 kilometres to 30° 10.625′S, 153° 17.442′E, then due north approximately 2.3 kilometres to the point of commencement.cll 2.45–2.48: Ins 2011 (29), Sch 1 [5].
2.48 Description of special purpose zones
The special purpose zones of the marine park are the following areas:(a) Sandon River oyster aquaculture special purpose zoneThe Sandon River oyster aquaculture special purpose zone is comprised of all oyster leases located in the Sandon River in August 2002.(b) Wooli Wooli River oyster aquaculture special purpose zoneThe Wooli Wooli River oyster aquaculture special purpose zone is comprised of all oyster leases located in the Wooli Wooli River in August 2002.(c) Pipe Clay Lake Aboriginal special purpose zoneThe Pipe Clay Lake Aboriginal special purpose zone comprises the whole of the tidal waters from the mouth of Pipe Clay Lake, upstream, including all of its creeks, bays and tributaries.(d) Arrawarra Headland Aboriginal special purpose zoneFrom the intersection of longitude 153° 12.111′E and the mean high water mark on the northern side of Arrawarra Headland, then generally north west approximately 190 metres to 30° 03.484′S, 153° 12.034′E, then due north approximately 220 metres to 30° 03.362′S, 153° 12.034′E, then due east approximately 730 metres to 30° 03.362′S, 153° 12.492′E, then due south approximately 615 metres to 30° 03.696′S, 153° 12.492′E, then due west approximately 475 metres to 30° 03.696′S, 153° 12.198′E, then due north to the intersection of the longitude 153° 12.198′E and the mean high water mark on the southern side of Arrawarra Headland, then following the mean high water mark generally east, north and west to the point of commencement.(e) Corindi River Aboriginal special purpose zoneThe Corindi River Aboriginal special purpose zone comprises the whole of the tidal waters and tidal lands of the Corindi River upstream from the intersection of the line passing through 29° 58.951′S, 153° 13.571′E and 29° 58.838′S, 153° 13.653′E with the mean high water mark on the banks of the Corindi River near its confluence with the South Pacific Ocean, including all bays and tributaries of the Corindi River, but excluding any areas of the Corindi River sanctuary zone.(f) Corindi Rock Platform Aboriginal special purpose zoneThe Corindi Rock Platform Aboriginal special purpose zone comprises the area enclosed by the line commencing at the intersection of the mean high water mark on Red Rock Beach and latitude 30° 01.311′S, then due east approximately 300 metres to 30° 01.311′S, 153° 12.653′E, then due south approximately 1.2 kilometres to 30° 01.943′S, 153° 12.653′E, then due west approximately 1 kilometre to the intersection of latitude 30° 01.943′S and the mean high water mark on Corindi Beach, then north along the mean high water mark to the point of commencement.(g) Red Rock Beach Aboriginal special purpose zoneThe Red Rock Beach Aboriginal special purpose zone comprises the area enclosed by the line commencing at the intersection of the mean high water mark and latitude 29° 58.869′S on the easternmost extremity of Red Rock Headland, then due east approximately 500 metres to 29° 58.869′S, 153° 14.341′E, then generally south west approximately 5.2 kilometres to 30° 01.311′S, 153° 12.735′E, then due west approximately 500 metres to the intersection of the mean high water mark and latitude 30° 01.311′S, then generally north along the mean high water mark of Red Rock Beach returning to the point of commencement.cll 2.45–2.48: Ins 2011 (29), Sch 1 [5].
Part 3 Jervis Bay Marine Park Zoning Plan
Note 1—
The GPS coordinates used in this Part to describe the boundaries of the zones and other areas of the Jervis Bay Marine Park are given in degrees and decimal minutes using the Geocentric Datum of Australia 1994 (GDA 94). Compass bearings are aligned to magnetic north.
Note 2—
In addition to the provisions set out in this Part, Division 2 of Part 3 of the Act also provides for the regulation of development and activities in the Jervis Bay 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 the 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 3 (previously sch 1, Part 2): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
pt 3, notes (previously sch 1, Part 2, note): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
Division 1 Preliminary
pt 3, div 1 (previously sch 1, Part 2, Div 1): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.1 Definitions
(1) In this Part:aquaculture has the same meaning as it has in section 142 of the Fisheries Management Act 1994.bait means any animal or plant, or part of any animal or plant, rigged on a fishing hook but does not include an artificial lure or artificial fly.clean a fish includes to remove or discard part of a fish.commercial fisher has the same meaning as it has 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.extensive aquaculture has the same meaning as it has in the Fisheries Management (Aquaculture) Regulation 2007.fish has the same meaning as it has 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 the area described in clause 3.42.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 the area described in clause 3.41.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).HMAS Creswell special purpose zone means the area described in clause 3.43 (b).Huskisson Wharf special purpose zone means the area described in clause 3.43 (a).Hyams Beach sanctuary zone means the area described in clause 3.40 (1).intensive aquaculture has the same meaning as it has in the Fisheries Management (Aquaculture) Regulation 2007.marine park means the Jervis Bay Marine Park, as described in Part 1 of Schedule 4 to the Act.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.motorised means powered by a motor, whether or not the motor is in use at the time.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.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 that Act, or(c) approval to the carrying out of a project under Part 3A of that Act.protected species of fish means a species listed in the table to clause 3.2.recreational fishing means taking, or attempting to take, fish otherwise than for sale.sanctuary zone means an area described in clause 3.40.special purpose zone means an area described in clause 3.43.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.traditional use means a use that satisfies personal, domestic or non-commercial communal needs of Aboriginal people.vessel has the same meaning as it has in the Marine Safety Act 1998.(2) In this Part, a reference to a net, trap, line or spear is a reference to that net, trap, line or spear as described in the Fisheries Management Act 1994 or the regulations made under that Act.(3) For the purposes of this Part, a zone of the marine park does not adjoin another zone of the marine park if the zone only has a single corner point on its boundary that is common to the boundary of the other zone.cl 3.1 (previously sch 1, pt 2, cl 1): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.2 Meaning of “protected species”
A species of fish listed in the following Table is a protected species of fish for the purposes of this Part:
3.3 Part applies subject to other legislation
(1) This Part 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 Part 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.cll 3.3, 3.4 (previously sch 1, pt 2, cll 3, 4): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.4 Attempts
Any person who attempts to commit any offence for which a penalty is provided under this Part is to be liable to that penalty.cll 3.3, 3.4 (previously sch 1, pt 2, cll 3, 4): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
Division 2 Sanctuary zones
pt 3, div 2 (previously sch 1, Part 2, Div 2): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.5 Protection of animals, plants and habitat
(1) A person must not, while in a sanctuary zone:(a) harm any animal, or(b) harm any plant, or(c) damage, take or interfere with any part of a habitat (including soil, sand, shells, shell grit or other material occurring naturally within the zone), or(d) clean any fish or fishing gear.(2) A person must not take fish from a mooring, or a vessel attached to a mooring, in a sanctuary zone.Maximum penalty: 100 penalty units.(3) However, a person does not commit an offence under this clause if the relevant activity is carried out with the consent of the relevant Ministers.(4) The relevant Ministers may give their consent only for the following purposes:(a) research purposes,(b) environmental protection purposes,(c) public health purposes,(d) public safety purposes,(e) traditional uses.(5) Despite subclause (1) (c), a person may collect fossils in a sanctuary zone for research purposes.(6) It is a defence to a prosecution for an offence under this clause 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.(7) For the purposes of section 17A of the Act, a contravention of subclause (1) is designated as a serious offence.cll 3.5–3.8 (previously sch 1, pt 2, cll 5–8): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.6 Aquaculture not permitted
A person must not carry out aquaculture in a sanctuary zone.Maximum penalty: 100 penalty units.cll 3.5–3.8 (previously sch 1, pt 2, cll 5–8): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.7 Dredging and beach replenishment activities not permitted
(1) A person must not carry out any dredging activity or beach replenishment activity in a sanctuary zone.Maximum penalty: 100 penalty units.(2) However, a person does not commit an offence under this clause if the relevant activity is carried out with the consent of the relevant Ministers.(3) The relevant Ministers may not give their consent to the carrying out of a dredging activity or beach replenishment activity in a sanctuary zone unless:(a) 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, or(b) the activity is dredging activity and it is being carried out as part of an organised research activity.(4) 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.cll 3.5–3.8 (previously sch 1, pt 2, cll 5–8): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.8 Vessels to be anchored or moored only at approved sites
(1) A person must not, while in a sanctuary zone, anchor or moor a vessel except in an area, or at a mooring specified in clause 3.44.Maximum penalty: 100 penalty units.(2) Despite subclause (1):(a) a person may anchor or moor a vessel in an emergency, where the action is necessary to protect life or property, and(b) a person may moor a vessel in a sanctuary zone at a mooring provided by the Authority or the Maritime Authority of NSW for that purpose for up to 24 hours at a time.cll 3.5–3.8 (previously sch 1, pt 2, cll 5–8): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
Division 3 Habitat protection zone
pt 3, div 3 (previously sch 1, Part 2, Div 3): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.9 Protection of animals, plants and habitat
(1) A person must not, while in the habitat protection zone:(a) harm any animal (other than fish), or(b) harm any plant unless the plant:(i) is sea lettuce (Ulva lactuca) or bait weed (Enteromorpha intestinalis), or(ii) is taken from above the mean low water mark from a beach, or(c) 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) However, a person does not commit an offence under this clause if the relevant activity is carried out with the consent of the relevant Ministers.(3) The relevant Ministers may give their consent only for the following purposes:(a) research purposes,(b) environmental protection purposes,(c) public health purposes,(d) public safety purposes,(e) traditional uses,(f) the purposes of an ecologically sustainable use that does not have a significant impact on fish populations within the zone or on any other animals, plants or habitats.(4) Despite subclause (1) (c):(a) a person may collect fossils in the habitat protection zone for research purposes, and(b) a person may collect shell or shell grit in such a zone for recreational purposes.(5) It is a defence to a prosecution for an offence under this clause relating to the harm of any animal or plant, or damaging, taking or interfering with any habitat, in the 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.(6) For the purposes of section 36 of the Act, a contravention of subclause (1) is declared to be a forfeiture offence.cll 3.9, 3.10 (previously sch 1, pt 2, cll 9, 10): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.10 Regulation of fishing
(1) A person must not, while in the habitat protection zone:(a) take any protected species of fish, or(b) harm any protected species of fish.(2) A person must not, while in the habitat protection zone take any fish unless:(a) the fish is taken by one of the following methods:(i) the taking of fish by use of a hook and hand held line,(ii) the taking of fish by hand,(iii) the taking of fish by use of a dip or scoop net (prawns) or landing net,(iv) the taking of fish by use of a spear or spear gun,(v) the taking of any fish by use of a push and scissors net (prawns),(vi) the taking of fish by use of a hoop or lift net,(vii) 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),(viii) the taking of fish by the use of a fish trap,(ix) the taking of eels by use of an eel trap,(x) the taking of lobsters by use of a trap,(xi) the taking of mud crabs and blue swimmer crabs by use of a trap, and(b) the taking of the fish is not prohibited by this clause.Maximum penalty: 100 penalty units.(3) A person must not, while in the habitat protection zone, take a fish by the use of any hauling net unless:(a) the person is the holder of:(i) a permit issued under section 37 of the Fisheries Management Act 1994 that expressly permits commercial hauling at a location that is in the habitat protection zone and the person was first issued with a permit of that kind within 12 months after 1 October 2002, and(ii) a current commercial fishing licence endorsed for the taking of fish in the ocean hauling fishery under the Fisheries Management Act 1994, or(b) the person is the holder of a current commercial fishing licence endorsed for the taking of fish in the ocean hauling fishery under the Fisheries Management Act 1994 who is taking or attempting to take fish while assisting, and in the presence of, a person referred to in paragraph (a), or(c) the person is taking or attempting to take fish at one of the following beaches:(i) Currarong Beach (outside a sanctuary zone),(ii) Long Beach (outside a 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).Maximum penalty: 100 penalty units.(4) A person must not, while in the habitat protection zone, take a fish by the use of any hauling net between official sunset and official sunrise or on a Saturday, Sunday or public holiday.Maximum penalty: 100 penalty units.(5) Despite subclause (4), a shot may be held on a Sunday night (that is, between official sunset and official sunrise), but the net must not be cast during the night.(6) A person must not, while in the habitat protection zone, take fish by use of a garfish net (hauling) or garfish net (bullringing) unless:(a) the person is the holder of:(i) a permit issued under section 37 of the Fisheries Management Act 1994 that expressly permits garfishing at a location that is in the habitat protection zone and the person was first issued with a permit of that kind within 12 months after 1 October 2002, and(ii) a current commercial fishing licence endorsed for the taking of fish in the ocean hauling fishery under the Fisheries Management Act 1994, or(b) the person is the holder of a current commercial fishing licence endorsed for the taking of fish in the ocean hauling fishery under the Fisheries Management Act 1994 who is taking or attempting to take fish while assisting, and in the presence of, a person referred to in paragraph (a), or(c) the person is taking garfish 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.Maximum penalty: 100 penalty units.(7) A person must not, while in the habitat protection zone, 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 the habitat protection zone, 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 fish in either:(i) the area enclosed by the line commencing at 35° 02.161′S, 150° 43.063′E, then due east approximately 2.3 kilometres to 35° 02.161′S, 150° 44.586′E, then due south approximately 2.8 kilometres to 35° 03.671′S, 150° 44.586′E, then due west approximately 2.3 kilometres to 35° 03.671′S, 150° 43.063′E, then due north approximately 2.8 kilometres to the point of commencement, or(ii) the area enclosed by the line commencing at 35° 06.383′S, 150° 45.883′E, then due south approximately 0.7 kilometres to the intersection of 150° 45.883′E longitude and the boundary of Commonwealth waters, then generally south west approximately 1.6 kilometres to the intersection of 150° 44.833′E longitude and the boundary of Commonwealth waters, then due north approximately 1 kilometre to 35° 06.383′S, 150° 44.833′E, then due east approximately 1.6 kilometres to the point of commencement.Maximum penalty: 100 penalty units.(8) A person must not, while in the habitat protection zone:(a) take fish by use of a spear or spear gun from a lake, river, creek or lagoon, or(b) take fish by spearfishing from the habitat protection zone adjoining the western boundary of the Hyams Beach sanctuary zone, or(c) take fish by the use of a spear or spear gun in Honeymoon Bay, generally east of its entrance from Jervis Bay at approximately 150° 46.563′E longitude.Maximum penalty: 100 penalty units.(9) A person must not, while in the habitat protection zone:(a) take fish, as follows:(i) by use of a drift line,(ii) by use of an estuary mesh net,(iii) by dredging for scallops,(iv) by use of a danish seine trawl net (fish), otter trawl net (fish) or otter trawl net (prawns), or otherwise by way of trawling,(v) by use of a submersible lift net (bait) or otherwise by lift netting,(vi) by use of a set line, or(b) take any fish for aquarium collection purposes.Maximum penalty: 100 penalty units.(10) However, a person does not commit an offence under this clause if the relevant activity is carried out with the consent of the relevant Ministers.(11) The relevant Ministers may give their consent only for the following purposes:(a) research purposes,(b) environmental protection purposes,(c) public health purposes,(d) public safety purposes,(e) traditional uses,(f) non-commercial aquarium purposes.(12) For the purposes of section 17A of the Act, a contravention of this clause in relation to a protected species is designated as a serious offence.(13) It is a defence to a prosecution for an offence under this clause relating to the taking of fish 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.cll 3.9, 3.10 (previously sch 1, pt 2, cll 9, 10): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.11 Aquaculture
(1) A person must not carry out aquaculture in the habitat protection zone unless:(a) the aquaculture is extensive aquaculture of a species that is native to the marine park, and(b) either:(i) the person has the consent of the relevant Ministers to carry out the relevant activity, or(ii) planning approval has been given to the carrying out of aquaculture in that place.Maximum penalty: 100 penalty units.(2) The relevant Ministers must not give consent under this clause:(a) if doing so would result in the total area in the estuarine waters of Jervis Bay being made available for aquaculture exceeding 440 hectares (estuarine waters of Jervis Bay are the waters within the Park that are generally west of a straight line between the southern extremity of Point Perpendicular and the northern tip of Bowen Island),(b) unless an aquaculture industry development plan has been made under the Fisheries Management Act 1994 in relation to aquaculture, and the proposed aquaculture is in accordance with that plan.cl 3.11 (previously sch 1, pt 2, cl 11): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2009 No 106, Sch 2.20 [3]. Subst 2011 (29), Sch 1 [6].
Division 4 General use zone
pt 3, div 4 (previously sch 1, Part 2, Div 4): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.12 Protection of animals, plants and habitat
(1) A person must not, while in the general use zone:(a) harm any animal (other than fish), or(b) harm any plant, or(c) 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) However, a person does not commit an offence under this clause if the relevant activity is carried out with the consent of the relevant Ministers.(3) The relevant Ministers may give their consent only for the following purposes:(a) research purposes,(b) environmental protection purposes,(c) public health purposes,(d) public safety purposes,(e) traditional uses,(f) for the purposes of an ecologically sustainable use.(4) Despite subclause (1) (c):(a) a person may collect fossils in the general use zone for research purposes, and(b) a person may collect shell or shell grit in that zone for recreational purposes.(5) It is a defence to a prosecution for an offence under this clause relating to the harm of any animal or plant, or damaging, taking or interfering with any habitat, in the 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.(6) For the purposes of section 36 of the Act, a contravention of subclause (1) is declared to be a forfeiture offence.cll 3.12–3.14 (previously sch 1, pt 2, cll 12–14): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.13 Regulation of fishing
(1) A person must not, while in the general use zone:(a) take any protected species of fish, or(b) harm any protected species of fish.(2) A person must not, while in the general use zone:(a) take fish, as follows:(i) by use of a drift line,(ii) by use of an estuary mesh net,(iii) by dredging for scallops,(iv) by use of a danish seine trawl net (fish), otter trawl net (fish) or otter trawl net (prawns), or otherwise by way of trawling,(v) by use of a submersible lift net (bait) or otherwise by lift netting, or(b) take any fish for aquarium collection purposes.Maximum penalty: 100 penalty units.(3) However, a person does not commit an offence under this clause if the relevant activity is carried out with the consent of the relevant Ministers.(4) The relevant Ministers may give their consent only for the following purposes:(a) research purposes,(b) environmental protection purposes,(c) public health purposes,(d) public safety purposes,(e) traditional uses,(f) non-commercial aquarium purposes.(5) It is a defence to a prosecution for an offence under this clause relating to the taking of fish 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.(6) For the purposes of section 17A of the Act, a contravention of subclause (1) is designated as a serious offence.cll 3.12–3.14 (previously sch 1, pt 2, cll 12–14): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.14 Aquaculture
(1) A person must not carry out aquaculture in the general use zone unless:(a) the aquaculture is extensive aquaculture of a species that is native to the marine park, and(b) either:(i) the person has the consent of the relevant Ministers to carry out the relevant activity, or(ii) planning approval has been given to the carrying out of aquaculture in that place.Maximum penalty: 100 penalty units.(2) The relevant Ministers must not grant consent to the carrying out of aquaculture in the general use zone unless a relevant aquaculture industry development plan has been made under section 143 of the Fisheries Management Act 1994 and the proposed aquaculture is in accordance with that plan.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 3.12–3.14 (previously sch 1, pt 2, cll 12–14): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
Division 5 Special purpose zones
pt 3, div 5 (previously sch 1, Part 2, Div 5): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.15 Additional objects of special purpose zones
In addition to the general objects of special purpose zones set out in clause 1.10:(a) an object of the Huskisson Wharf special purpose zone is to provide for the management of boating and wharf related requirements, and(b) an object of the HMAS Creswell special purpose zone is to provide for the safe operations and maintenance of naval infrastructure.cll 3.15–3.19 (previously sch 1, pt 2, cll 15–19): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.16 Protection of animals, plants and habitat
(1) A person must not, while in a special purpose zone:(a) harm any animal (other than fish), or(b) harm any plant, or(c) damage, take or interfere with any part of a habitat (including soil, sand, shells or other material occurring naturally within the zone).Maximum penalty: 100 penalty units.(2) However, a person does not commit an offence under this clause if the relevant activity is carried out with the consent of the relevant Ministers.(3) The relevant Ministers may give their consent only for the following purposes:(a) research purposes,(b) environmental protection purposes,(c) public health purposes,(d) public safety purposes,(e) traditional uses(f) for the purposes of an ecologically sustainable use.(4) Despite subclause (1) (c):(a) a person may collect fossils in a special purpose zone for research purposes, and(b) a person may collect shell or shell grit in such a zone for recreational purposes.(5) It is a defence to a prosecution for an offence under this clause relating to the harm of any animal or plant, or damaging, taking or interfering with any habitat, in the 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.(6) For the purposes of section 36 of the Act, a contravention of subclause (1) is declared to be a forfeiture offence.cll 3.15–3.19 (previously sch 1, pt 2, cll 15–19): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.17 Regulation of fishing
(1) A person must not, while in a special purpose zone:(a) take any protected species of fish, or(b) harm any protected species of fish.(2) A person must not, while in a special purpose zone take any fish unless:(a) the fish is taken by one of the following methods:(i) the taking of fish by use of a hook and hand held line,(ii) the taking of fish by hand,(iii) the taking of fish by use of a dip or scoop net (prawns) or landing net,(iv) the taking of fish by use of a spear or spear gun,(v) the taking of fish by use of a push and scissors net (prawns),(vi) the taking of fish using a hoop or lift net,(vii) 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),(viii) the taking of fish by the use of a fish trap,(ix) the taking of eels by use of an eel trap,(x) the taking of lobsters by use of a trap,(xi) the taking of mud crabs and blue swimmer crabs by use of a trap, and(b) the taking of fish is not prohibited by this clause.Maximum penalty: 100 penalty units.(3) A person must not, while in a special purpose zone:(a) take fish from a lake, river, creek or lagoon by use of a spear or spear gun, or(b) take fish, as follows:(i) by use of a drift line,(ii) by use of an estuary mesh net,(iii) by dredging for scallops,(iv) by use of a danish seine trawl net (fish), otter trawl net (fish) or otter trawl net (prawns), or otherwise by way of trawling,(v) by use of a submersible lift net (bait) or otherwise by lift netting,(vi) by use of a set line,(vii) by use of a purse seine net, or(c) take any fish for aquarium collection purposes.Maximum penalty: 100 penalty units.(4) However, a person does not commit an offence under this clause if the relevant activity is carried out with the consent of the relevant Ministers.(5) The relevant Ministers may give their consent only for the following purposes:(a) research purposes,(b) environmental protection purposes,(c) public health purposes,(d) public safety purposes,(e) traditional uses.(6) For the purposes of section 17A of the Act, a contravention of this clause in relation to a protected species is designated as a serious offence.(7) It is a defence to a prosecution for an offence under this clause relating to the taking of fish 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.cll 3.15–3.19 (previously sch 1, pt 2, cll 15–19): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.18 Regulation of aquaculture
A person must not carry out aquaculture in a special purpose zone.Maximum penalty: 100 penalty units.cll 3.15–3.19 (previously sch 1, pt 2, cll 15–19): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.19 Anchoring vessels prohibited in HMAS Creswell special purpose zone
A person must not anchor a vessel in HMAS Creswell special purpose zone.Maximum penalty: 100 penalty units.cll 3.15–3.19 (previously sch 1, pt 2, cll 15–19): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
Division 6 Protection of animals and plants
pt 3, div 6 (previously sch 1, Part 2, Div 6): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.20 Possession of 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 Part is guilty of an offence.Maximum penalty: 100 penalty units.(2) For the purposes of this clause, a person who is on board a boat is taken to be in possession of any plant or animal found in the boat.(3) 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 Part.(4) For the purposes of section 36 of the Act, a contravention of subclause (1) is declared to be a forfeiture offence.cll 3.20–3.24 (previously sch 1, pt 2, cll 20–24): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.21 Possession of equipment used to take animals or plants
(1) A person who, while in any part of the 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.(2) A person who, while in any part of the 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.(3) 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.(4) It is a defence to a prosecution for an offence under this clause if the person charged satisfies the court:(a) if the equipment concerned was fishing gear—that the fishing gear was being transported to or from any place where the person could lawfully use the equipment to take fish and was in the authorised state, or(b) if the equipment concerned was not fishing gear—that the equipment was being transported to or from any place where the person could lawfully use the equipment to take animals or plants, and was in a state in which it could not have been used to take animals or plants, or(c) if the equipment concerned was a fishing line—that the fishing line was on board a vessel within a sanctuary zone, the vessel was anchored, moored or aground and the fishing line was in the unrigged state, or(d) that the person could not reasonably have known that the equipment was on board the boat concerned, or(e) 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.(5) For the purposes of subclause (4) (a), the is:(a) in the case of a fishing line—no part of the line was immersed in the waters of the marine park and no hook was baited, or(b) in the case of a fishing net—no part of the net was immersed in the waters of the marine park, or(c) in the case of fishing gear not described in paragraph (a) or (b) and not a spear gun—the gear was stowed away, or(d) in the case of an assembled rubber powered spear gun—the spear gun did not have the shaft engaged in the trigger mechanism and the rubbers stretched and engaged in the shaft, or(e) in the case of a pneumatic, spring or gas-powered spear gun—the spear gun did not have the spear shaft located within the barrel of the spear gun, or(f) in the case of a spear gun not described in paragraphs (d) or (e)—the spear gun was disassembled.(6) For the purposes of subclause (4) (c), the unrigged state, in relation to a fishing line, means no part of the fishing line is attached to any hook, artificial lure, artificial fly, swivel or other piece of fishing tackle (other than any reel the fishing line was spooled on).cll 3.20–3.24 (previously sch 1, pt 2, cll 20–24): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.22 Fish trapping
A commercial fisher must not set more than 10 fish traps within the boundaries of the marine park at any one time.Maximum penalty: 100 penalty units.cll 3.20–3.24 (previously sch 1, pt 2, cll 20–24): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.23 Fish attracting devices
A person must not leave any floating device or floating structure unattended in the marine park unless:(a) the person has the consent of the relevant Ministers to carry out the relevant activity, or(b) planning approval has been given to the leaving of the floating devices in that place.Maximum penalty: 50 penalty units.cll 3.20–3.24 (previously sch 1, pt 2, cll 20–24): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.24 Fish feeding
(1) A person must not feed fish in any part of the marine park unless:(a) the persons is berleying in the course of fishing activities permitted by or under the Act in the part of the marine park concerned, or(b) the person has the consent of the relevant Ministers to carry out the relevant activity, or(c) planning approval has been given to the feeding of fish in that place.Maximum penalty: 100 penalty units.(2) The relevant Ministers may not give consent to the following:(a) commercial shark feeding in any part of the marine park,(b) fish feeding in a sanctuary zone.cll 3.20–3.24 (previously sch 1, pt 2, cll 20–24): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
Division 7 Bringing certain animals and plants into any part of marine park
pt 3, div 7 (previously sch 1, Part 2, Div 7): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.25 Prohibition on bringing or releasing exotic animals and plants into marine park
A person must not:(a) bring any exotic animal (other than a domesticated animal) into the marine park, or(b) bring any exotic plant into the marine park, or(c) cause or allow any exotic animal to be released into the marine park, or(d) cause or allow any exotic plant to be introduced into the marine park.Maximum penalty: 100 penalty units.cll 3.25, 3.26 (previously sch 1, pt 2, cll 25, 26): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.26 Restrictions on bringing domesticated animals into marine park
(1) 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.Maximum penalty: 100 penalty units.(2) Despite subclause (1), a person may bring a domesticated animal into any part of the marine park:(a) if the person is authorised by law to do so, orNote—Section 59 of the Companion Animals Act 1998 entitles a person with a disability to be accompanied by an assistance animal being used bona fide by the person to assist the person into or onto any place open to or used by the public.(b) if the animal remains confined to a vessel, or(c) if the person has the consent of the relevant Ministers to bring the animal into that place, or(d) if the person has planning approval to bring the animal into that place, or(e) if the person is a police officer and the animal is a police dog.(3) A person who is permitted to bring a domesticated animal into the marine park by this clause must not leave the animal unattended in the marine park. For the purposes of this subclause, a domesticated animal is unattended whenever it is not under the control of a responsible person.Maximum penalty: 100 penalty units.(4) A person who brings a domesticated animal into the marine park must collect any faeces deposited by that animal and remove the faeces from the marine park.Maximum penalty: 5 penalty units.(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 1—Sections 14 and 30 of the Companion Animals Act 1998 prohibit cats and dogs in certain public places.Note 2—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.cll 3.25, 3.26 (previously sch 1, pt 2, cll 25, 26): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
Division 8 Restrictions on use of vessels and vehicles
pt 3, div 8 (previously sch 1, Part 2, Div 8): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.27 Cruise ships prohibited
A person must not use a motorised vessel that is a cruise ship in the marine park unless:(a) the person has the consent of the relevant Ministers to do so, or(b) planning approval has been given to the use of a cruise ship in that place.Maximum penalty: 50 penalty units.cll 3.27–3.29 (previously sch 1, pt 2, cll 27–29): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.28 Hovercraft
A person must not use a motorised vessel that is a hovercraft in the marine park unless:(a) the person has the consent of the relevant Ministers to do so, or(b) planning approval has been given to the use of the hovercraft in that place.Maximum penalty: 50 penalty units.cll 3.27–3.29 (previously sch 1, pt 2, cll 27–29): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.29 Areas in which use of vehicles prohibited
(1) A person must not use a motorised vehicle in the marine park, except for the purpose of launching and retrieving vessels from approved boat-launching facilities.Maximum penalty: 50 penalty units.(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 who may lawfully use a vehicle on a beach in connection with his or her fishing activities.(3) In this clause:approved boat-launching facility means a facility in the marine park approved by the Authority or another relevant government agency as appropriate for boat-launching by notice published in the Gazette.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 Department of Environment, Climate Change and Water,(c) the Department of Industry and Investment,(d) any other government agency,(e) a council of an area (within the meaning of the Local Government Act 1993) that adjoins the marine park,(f) a surf life saving club.emergency vehicle has the meaning given by the Road Transport (Vehicle Registration) Regulation 2007.police vehicle has the meaning given by the Road Transport (Vehicle Registration) Regulation 2007.cll 3.27–3.29 (previously sch 1, pt 2, cll 27–29): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.30 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).Maximum penalty: 50 penalty units.(2) In this clause, The Tubes Seasonal Anchoring Area is comprised of the area enclosed by the line commencing at 35° 04.983′S, 150° 47.750′E generally south east to the intersection of latitude 35° 5.175′S and the mean high water mark at or near 150° 48.006′E, then generally south following the mean high water mark to the intersection of 35° 05.383′S latitude and the mean high water mark at or near 150° 47.955′E, then due west to 35° 05.383′S, 150° 47.750′E, then due north returning to the point of commencement.cll 3.30, 3.31: Ins 2011 (29), Sch 1 [6].
3.31 Discharge from vessels
A person must not discharge ballast water, drawn from waters outside the marine park, within the marine park.Maximum penalty: 100 penalty units.cll 3.30, 3.31: Ins 2011 (29), Sch 1 [6].
Division 9 Regulation of certain other activities throughout marine park
pt 3, div 9 (previously sch 1, Part 2, Div 9): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
3.32 Organised research activities
(1) A person must not carry out any organised research activity in the marine park unless:(a) the person has the consent of the relevant Ministers to carry out the relevant activity, or(b) planning approval has been given to the carrying out of the organised research activity.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.cll 3.32–3.38: Ins 2011 (29), Sch 1 [6].
3.33 Commercial activities
(1) A person must not in the marine park sell or hire any article, thing or service to any person unless:(a) the person has the consent of the relevant Ministers to carry out the relevant activity, or(b) planning approval has been given to the activity.Maximum penalty: 100 penalty units.(2) A person must not in the marine park conduct, or assist in the conduct of, any amusement, entertainment, instruction, performance or activity for money or other consideration of any kind unless:(a) the person has the consent of the relevant Ministers to carry out the relevant activity, or(b) planning approval has been given to the carrying out of the activity.Maximum penalty: 100 penalty units.(3) A person does not commit an offence under this clause by taking fish in the marine park for the purposes of sale or by assisting in the conduct of that activity.(4) A person does not commit an offence under subclause (2) if the person carries out an activity described in that subclause in the marine park without the consent of the relevant Ministers if the activity only involves a commercial vessel passing through the 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.cll 3.32–3.38: Ins 2011 (29), Sch 1 [6].
3.34 Filming activities
(1) A person must not take any photograph, or film any video, movie or television film, in the 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, or(d) has the potential to exclude an area of the marine park from use by other users.Maximum penalty: 100 penalty units.(2) However, a person does not commit an offence under this clause if:(a) the person has the consent of the relevant Ministers to carry out the relevant activity, or(b) planning approval has been given to the carrying out of the activity.Note—The Filming Approval Act 2004 requires approval for filming in national parks, marine parks and certain other areas.cll 3.32–3.38: Ins 2011 (29), Sch 1 [6].
3.35 Organised sporting, educational and recreational activities
(1) A person must not:(a) organise or conduct any sporting competition or tournament in the 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 the marine park, or(c) organise or conduct any training manoeuvre or similar activity or event in the marine park, or(d) organise or conduct any educational program involving the taking of animals or plants from the marine park.Maximum penalty: 100 penalty units.(2) However, a person does not commit an offence under this clause if:(a) the person has the consent of the relevant Ministers to carry out the relevant activity, or(b) planning approval has been given to the carrying out of the activity.cll 3.32–3.38: Ins 2011 (29), Sch 1 [6].
3.36 Camping or residing in marine park
(1) A person must not:(a) camp in any part of the 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 24 hours, to a mooring or other facility in the marine park that is owned or managed by the Authority, or(c) reside permanently in the marine park.Maximum penalty: 100 penalty units.(2) However, a person does not commit an offence under this clause if:(a) the person has the consent of the relevant Ministers to carry out the relevant activity, or(b) planning approval has been given to the carrying out of the activity.(3) 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.cll 3.32–3.38: Ins 2011 (29), Sch 1 [6].
3.37 Lighting fires
(1) A person must not light any fire on any beach, reef or other emergent land within the marine park.Maximum penalty: 100 penalty units.(2) However, a person does not commit an offence under this clause if:(a) the person has the consent of the relevant Ministers to carry out the relevant activity, or(b) planning approval has been given to the carrying out of the activity.(3) 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 3.32–3.38: Ins 2011 (29), Sch 1 [6].
3.38 Protection of marine park moorings, buoys, signs and facilities
(1) A person must not:(a) remove, move, damage or interfere with a mooring in the 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 the marine park, or(c) place any mooring, buoy or sign in the marine park (unless the placement is authorised by an occupation licence or other authorisation issued under the Maritime Services Act 1935), or(d) damage, deface or interfere with any property or facility in the 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 the marine park that is owned or managed by the Authority.Maximum penalty: 100 penalty units.(2) However, a person does not commit an offence under subclause (1) if:(a) the person has the consent of the relevant Ministers to carry out the relevant activity, or(b) planning approval has been given to the carrying out of the activity.(3) A person must not contravene the conditions of use displayed on a mooring in the marine park that is provided by or on behalf of the Authority.Maximum penalty: 100 penalty units.(4) A person must not attach a vessel to another vessel that is attached to a mooring in the marine park that is provided by or on behalf of the Authority.Maximum penalty: 100 penalty units.(5) It is not an offence under subclause (4) to attach a vessel to the vessel’s tender.cll 3.32–3.38: Ins 2011 (29), Sch 1 [6].
Division 10 Savings
pt 3, div 10 (previously sch 1, Part 2, Div 10): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
pt 3, div 10, tbls (previously sch 1, Part 2, Div 10, Tables): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Rep 2011 (29), Sch 1 [6].
3.39 Savings
Any act, matter or thing that had effect under this Regulation in relation to the Jervis Bay Marine Park immediately before the commencement of the Marine Parks (Zoning Plans) Amendment (Solitary Islands and Jervis Bay Marine Parks) Regulation 2011 continues to have effect under this Part.cl 3.39: Ins 2011 (29), Sch 1 [6].
Division 11 Description of zones
pt 3, div 11 (previously sch 1, Part 2, Div 11): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6].
pt 3, div 11, Maps (previously sch 1, Part 2, Div 11, Maps): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Rep 2011 (29), Sch 1 [6].
3.40 Description of sanctuary zones
The sanctuary zones of the marine park are the following areas:(a) Hammer Head sanctuary zoneThe area enclosed by the line commencing at 34° 58.567′S, 150° 47.150′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 34° 59.300′S, 150° 47.483′E, then due east approximately 0.9 km to 34° 59.300′S, 150° 48.050′E, then due south approximately 1.2 kilometres to 34° 59.983′S, 150° 48.050′E then due west to the intersection of 34° 59.983′S latitude and the mean high water mark on Currarong Beach, then generally north following the mean high water mark to the point intersecting 34° 58.567′S latitude on Warrain Beach, returning to the point of commencement.(b) Blacks Cave Creek sanctuary zoneThe 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° 01.167′S latitude and the mean high water mark on the western bank at or near 150° 49.198′E and the eastern bank at 150° 49.224′E.(c) Beecroft Peninsula sanctuary zoneThe area enclosed by the line commencing at the intersection of longitude 150° 50.337′E and the mean high water mark immediately west of Lamond Head, then north approximately 560 metres to 35° 02.729′S, 150° 50.337′E, then due east to the line of intersection of latitude 35° 02.729′S and the marine park boundary, then in a generally southerly then south westerly direction along the marine park boundary to the line of intersection of longitude 150° 50.012′E and the marine park boundary, then due north to 35° 04.573′S, 150° 50.012′E, then due east to 35° 04.573′S, 150° 50.266′E, then due north to 35° 04.313′S, 150° 50.266′E then due west to the line of intersection of latitude 35° 04.313′S and the mean high water mark, approximately 140 metres north east of Devils Inlet, then generally north following the mean high water mark to Lamond Head, then generally north west then south, then west, following the mean high water mark around Lamond Head to the point of commencement.(d) The Docks sanctuary zoneThe area enclosed by the line commencing at 35° 04.983′S, 150° 47.750′E, then generally north west on a bearing of 312° to the intersection of the mean high water mark at 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 the northern side of Gardeners Gully, at the intersection of a bearing of 132° from 35° 04.983′S, 150° 47.750′E, including all creeks, bays and tributaries to the mean high water mark and the tidal limits then returning to the point of commencement.(e) Groper Coast sanctuary zoneThe area enclosed by the line commencing at 35° 03.567′S, 150° 46.350′E, then due east 300 metres to the point intersecting 35° 03.567′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 the point intersecting 35° 04.720′S latitude, then 300 metres due west to 35° 04.720′S, 150° 46.250′E then generally north at a distance of 300 metres from the mean high water mark returning to the point of commencement.(f) Hare Bay sanctuary zoneThe area enclosed by the line commencing at 35° 01.700′S, 150° 44.950′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 the point intersecting 150° 44.950′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 the point intersecting 35° 01.700′S latitude at “the Ladders”, approximately 250 metres south of Montagu Point, then due west returning to the point of commencement.(g) Wowly Gully sanctuary zoneThe area enclosed by the line commencing at the mean high water mark on the western bank of Wowly Gully at 34° 59.717′S, 150° 43.700′E then generally north east to the mean high water mark on the eastern bank to 34° 59.700′S, 150° 43.750′E including all creeks, bays and tributaries to the mean high water mark and tidal limits.(h) Upper Currambene Creek sanctuary zoneThe 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° 38.617′E longitude and the mean high water mark on the northern bank at or near 35° 0.410′S, and the southern bank at or near 35° 0.451′S.(i) Currambene Creek Mudflats sanctuary zoneThe area enclosed by the line commencing at 35° 01.565′S, 150° 40.107′E in Currambene Creek, then generally south east approximately 125 metres to 35° 01.589′S, 150° 40.185′ E, then south east approximately 170 metres to 35° 01.622′S, 150° 40.290′E, then generally south east approximately 200 metres to 35° 01.707′S, 150° 40.379′E, then generally south approximately 240 metres to 35° 01.838′ S, 150° 40.349′E, then generally south west approximately 100 metres to 35° 01.890′S, 150° 40.319′E, then generally south west approximately 325 metres to 35° 02.050′S, 150° 40.233′E, then generally north west approximately 100 metres to the intersection of 35° 02.024′S latitude and the mean high water mark at or near 150° 40.178′E, (generally 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 the intersection of 35° 01.579′S with the mean high water mark, at or near 150° 40.085′E, (approximately 175 metres downstream of the Woollamia Regional Boat Ramp) then generally north east returning to the point of commencement.(j) Huskisson sanctuary zoneThe area enclosed by the line commencing at 35° 01.767′S, 150° 40.867′E (approximately 1.1 kilometres north east of the southern bank of the entrance to Currambene Creek), then due east approximately 1 kilometre to 35° 01.767′S, 150° 41.533′E, then due south approximately 1.3 kilometres to 35° 02.467′S, 150° 41.533′E, then generally south west approximately 1.3 kilometres to 35° 02.733′S, 150° 40.717′E, then generally north west to the intersection of a bearing of 325° from 35° 02.733′S, 150° 40.717′E with the mean high water mark, then following the mean high water mark to the southern bank of the entrance to Currambene Creek to 35° 02.252′S, at the intersection of a bearing of 220° from 35° 01.767′S, 150° 40.867′E and the mean high water mark, then returning generally north east to the point of commencement.(k) Moona Moona Creek sanctuary zoneThe 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 35° 03.083′S, 150° 40.450′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 35° 03.052′S, at or near 150° 40.462′E then generally south east on a bearing of 150° to the intersection of the mean high water mark on the southern bank to 35° 03.083′S, at or near 150° 40.497′E.(l) Hyams Beach sanctuary zoneThe area enclosed by the line commencing at 35° 04.367′S, 150° 42.400′E approximately 1 kilometre east of Plantation Point then due east approximately 2 kilometres to 35° 04.367′S, 150° 43.733′E, then due south to the intersection of 150° 43.733′E longitude and the Commonwealth waters boundary at 35° 07.106′S, 150° 43.733′E, then generally south west along the Commonwealth boundary to the intersection of HMAS Creswell special purpose zone at 35° 07.283′S, 150° 42.600′E, described below, then following the boundary of a special purpose zone to 35° 07.367′E, 150° 42.067′E, 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 35° 05.567′S, 150° 41.675′E, at an intersection with 35° 05.567′S latitude, then due west 100 metres to the intersection of 35° 05.567′S latitude and the mean high water mark, then generally north following the mean high water mark to the intersection of a bearing of 240° from 35° 04.367′S, 150° 42.400′E and the mean high water mark, then returning to the point of commencement.(m) Bowen Island sanctuary zoneThe area enclosed by the line commencing at 35° 07.167′S, 150° 46.403′E, 100 metres due east of the mean high water mark at “the Tumbledown”, then generally south west at a distance of 100 metres from the mean high water mark then the Commonwealth waters boundary to 35° 07.488′S at the intersection with the mean high water mark on Governor Head, at or near 150° 45.913′E, then generally north following the shoreline at the mean high water mark to 35° 07.437′S, at the intersection of the mean high water mark and the Commonwealth waters boundary at or near 150° 45.854′E, then following the Commonwealth boundary generally north east and at the mean high water mark on Bowen Island to the intersection of the mean high water mark and 35° 07.167′S latitude, then returning to the point of commencement.(n) St Georges Head—Steamers Head sanctuary zoneThe area enclosed by the line commencing at the intersection of 150° 44.322′E longitude and the marine park boundary due south of the eastern extremity of Steamers Head, then generally south west following the marine park boundary to the intersection of 150° 41.770′E and the marine park boundary, then due north to the intersection of 150° 41.770′E longitude and the mean high water mark at St Georges Head, then following the mean high water mark generally north east to the eastern extremity of Brooks Rock at the intersection of 35° 10.730′S latitude and the mean high water mark, then on a bearing of 89° to the western extremity of Steamers Head to intersect with the mean high water mark at or near 35° 10.738′S, 150° 43.951′E, then following the shoreline at the mean high water mark to the intersection of 150° 44.322′E longitude and the mean high water mark at the eastern extremity of Steamers Head, then returning to the point of commencement.cll 3.40–3.44: Ins 2011 (29), Sch 1 [6].
3.41 Description of habitat protection zone
The habitat protection zone is comprised of all parts of the marine park that are not included in a sanctuary zone, the general use zone or a special purpose zone.cll 3.40–3.44: Ins 2011 (29), Sch 1 [6].
3.42 Description of general use zone
The general use zone comprises the area enclosed by the line commencing at 34° 57.800′S, 150° 47.267′E, at the boundary of the marine park, then generally south east, following the boundary of the marine park, to 34° 59.500′S, 150° 50.567′E, then due south to 34° 59.967′S, 150° 50.567′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 the point of commencement.cll 3.40–3.44: Ins 2011 (29), Sch 1 [6].
3.43 Description of special purpose zones
The special purpose zones of the marine park are the following areas:(a) Huskisson Wharf special purpose zoneThe area enclosed by the line commencing at the intersection of 35° 02.024′S with the mean high water mark at or near 150° 40.178′E, then generally following the shoreline at the mean high water mark to the entrance of Currambene Creek to the intersection of 35° 02.252′S and the mean high water mark at or near 150° 40.347′E, then on a bearing of 337° intersecting the mean high water mark of the northern bank of Currambene Creek, then generally north following the mean high water mark on the eastern bank of Currambene Creek to the intersection of 35° 02.026′S and the mean high water mark at or near 150° 40.304′E, then generally south west to 35° 02.050′S, 150° 40.233′E, then following the boundary of the Currambene Creek Mudflats sanctuary zone to the point of commencement.(b) HMAS Creswell special purpose zoneThe area enclosed by the line commencing at 35° 07.317′S, 150° 42.333′E (HMAS Creswell boat harbour) on the Commonwealth boundary, then generally north east 400 metres following the boundary of Commonwealth waters to 35° 07.283′S, 150° 42.600′E, then generally north then west at approximately 400 metres radius around the HMAS Creswell boat harbour, to 35° 07.367′S, 150° 42.067′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 the point of commencement.cll 3.40–3.44: Ins 2011 (29), Sch 1 [6].
3.44 Designated anchoring areas within sanctuary zones
(1) The areas of each sanctuary zone specified in the Table to this sub clause are designated anchoring areas.
Part 4 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
pt 4, divs 1–10 (cll 4.1–4.21) (previously sch 1, Part 3, Divs 1–10 (cll 1–20, 22)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
4.1 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
pt 4, divs 1–10 (cll 4.1–4.21) (previously sch 1, Part 3, Divs 1–10 (cll 1–20, 22)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
4.2 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).
4.3 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.
4.4 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,(d) anywhere within 250 metres of a point at the mean high water mark on the coast of Lord Howe Island near the navigational marker trees for Erscotts Passage at 31°32.882′S, 159°04.476′E.
Division 3 Habitat protection zone
pt 4, divs 1–10 (cll 4.1–4.21) (previously sch 1, Part 3, Divs 1–10 (cll 1–20, 22)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
4.5 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.
4.6 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.
4.7 Aquaculture
Despite clause 1.18 of this Regulation, aquaculture is not permissible in the habitat protection zone of the marine park.
Division 4 Special purpose zones
pt 4, divs 1–10 (cll 4.1–4.21) (previously sch 1, Part 3, Divs 1–10 (cll 1–20, 22)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
4.8 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.
4.9 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.
4.10 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
pt 4, divs 1–10 (cll 4.1–4.21) (previously sch 1, Part 3, Divs 1–10 (cll 1–20, 22)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
4.11 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.
4.12 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.
4.13 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.
4.14 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
pt 4, divs 1–10 (cll 4.1–4.21) (previously sch 1, Part 3, Divs 1–10 (cll 1–20, 22)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
4.15 Identification of protected species
The following species of fish are identified as protected species for the purposes of clause 1.30 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 1.30 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
pt 4, divs 1–10 (cll 4.1–4.21) (previously sch 1, Part 3, Divs 1–10 (cll 1–20, 22)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
4.16 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) (Repealed)(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 1.29 of this Regulation.Note—Clause 1.29 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.Note—Section 59 of the Companion Animals Act 1998 entitles a person with a disability to be accompanied by an assistance animal being used bona fide by the person to assist the person into or onto any place open to or used by the public.
Division 8 Use, mooring and anchoring of vessels, vehicles and aircraft
Note—
Clause 1.35 of this Regulation makes it an offence to use, moor or anchor any vessel or motorised vehicle in a marine park in contravention of the zoning plan for the marine park.
pt 4, divs 1–10 (cll 4.1–4.21) (previously sch 1, Part 3, Divs 1–10 (cll 1–20, 22)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
4.17 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.
4.18 Anchoring at Lord Howe Island Lagoon
(1) Subject to clause 4.4, 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 4.4 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.(2) This clause does not prohibit a person from anchoring a vessel that is less than 10 metres long at the following locations:(a) within the North Passage or South Passage, provided that the vessel is anchored at a location where the water depth exceeds 3 metres at low tide height,(b) within 50 metres of the mean high water mark along the northern coast of Blackburn Island between the westernmost extent of that island at 31°32.089′S, 159°03.490′E and the easternmost extent of that island at 31°32.089′S, 159°03.661′E,(c) within 50 metres of the mean high water mark at a point on the coast of Lord Howe Island at the boat launching ramp at 31°31.356′S, 159°03.468′E,(d) within 250 metres of a point at the mean high water mark on the coast of Lord Howe Island near the navigational marker trees for Erscotts Passage at 31°32.882′S, 159°04.476′E.
4.19 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.
4.20 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 1.38 (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.
4.21 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 vehicles.
Division 9 Tables
pt 4, divs 1–10 (cll 4.1–4.21) (previously sch 1, Part 3, Divs 1–10 (cll 1–20, 22)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
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
pt 4, divs 1–10 (cll 4.1–4.21) (previously sch 1, Part 3, Divs 1–10 (cll 1–20, 22)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
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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Part 5 Cape Byron Marine Park Zoning Plan
Note—
The GPS coordinates used in this Part to describe the boundaries of the zones of the Cape Byron Marine Park are given in degrees and decimal minutes using the Geocentric Datum of Australia 1994 (GDA 94).
pt 5 (previously sch 1, Part 4): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Division 1 Preliminary
pt 5, div 1 (cl 5.1) (previously sch 1, Part 4, Div 1 (cl 1)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
5.1 Definitions
In this Part:extensive aquaculture has the same meaning as it has in the Fisheries Management (Aquaculture) Regulation 2007.hand held line has the same meaning as it has in clause 1.17 of this Regulation.intensive aquaculture has the same meaning as it has in the Fisheries Management (Aquaculture) Regulation 2007.landing net has the same meaning as it has in clause 1.17 of this Regulation.map means a map set out in Division 10.marine park means the Cape Byron Marine Park as described in Part 2 of the Proclamation made under sections 6 and 7 of the Act and published in Gazette No 189 on 25 October 2002 at page 9060.means each of the following:(a) the council of an area (within the meaning of the Local Government Act 1993) that adjoins the marine park,(b) the Department of Primary Industries,(c) the Department of Environment and Conservation,(d) the Department of Planning,(e) the NSW Police Force,(f) the Waterways Authority,(g) the Department of Lands.scoop net has the same meaning as it has in clause 1.17 of this Regulation.spear gun includes a spear, bow and arrow or other similar device.table means a table set out in Division 11.tidal lands means any area of land that is covered from time to time by tidal waters, and that is above the lowest astronomical tide level.tidal waters means any area of waters of the sea or subject to tidal influence.
Division 2 Sanctuary zones
pt 5, div 2 (previously sch 1, Part 4, Div 2): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
5.2 Description of sanctuary zones
The sanctuary zones of the marine park are comprised of the following areas:Byron Bay (Map 1)From point 1A on Tyagarah Beach, approximately 2 kilometres south of the Brunswick River southern training wall at the intersection of the mean high water mark and 28°33.376′S latitude, then due east approximately 100 metres to point 1B at 28°33.376′S, 153°33.601′E, then following the coastline generally north at 100 metres seaward from the mean high water mark to the northern boundary of the marine park at point 1C at 28°32.251′S, 153°33.538′E, then following the northern boundary of the marine park due east approximately 825 metres to point 1D at 28°32.251′S, 153°34.045′E, then generally in a south-easterly direction in a direct line of sight with the Cape Byron Lighthouse approximately 8.8 kilometres to point 1E at 28°36.337′S, 153°36.833′E, then due east approximately 7.1 kilometres to point 1F at 28°36.337′S, 153°41.207′E at the eastern boundary of the marine park, then following the marine park boundary generally south approximately 4.7 kilometres to point 1G at 28°38.780′S, 153°41.690′E, then due west approximately 1.7 kilometres to point 1J at 28°38.780′S, 153°40.683′E, then due north approximately 885 metres to point 1K at 28°38.313′S, 153°40.683′E, then due west approximately 3.9 kilometres to point 1L at Cape Byron, in line with the Cape Byron Lighthouse, at the intersection of the mean high water mark and 28°38.313′S latitude, then following the mean high water mark generally north to point 1A, as shown on map 1, but not including the Cape Byron, Little Wategos Beach, Main Beach, Belongil Beach, Tyagarah Beach or Wilsons Reef and Bait Reef habitat protection zones as described in Division 3.Marshalls Creek (Map 2)The whole of the tidal waters and tidal lands to the mean high water mark of Marshalls Creek, including all its creeks, bays and tributaries, upstream of a line (being the junction of the Brunswick River and Marshalls Creek) bearing 135° from point 2A (at the intersection of the mean high water mark on the north-western bank of Marshalls Creek and 153°32.772′E longitude), to the intersection of the line with the mean high water mark on the south-eastern bank of Marshalls Creek, as shown on map 2, but not including the following:(i) the tidal waters and tidal lands to the mean high water mark of the stretch of Marshalls Creek that is both:(A) upstream of a line bearing due west from point 2B, at the intersection of the mean high water mark on the eastern bank and 28°30.665′S latitude, approximately 250 metres south of the New Brighton Post Office, to the intersection of the line with the mean high water mark on the western bank, and(B) downstream of a line bearing 045° from point 2C, at the intersection of the mean high water mark and 28°30.553′S latitude at the western end of Casons Lane, to the intersection of the line with the mean high water mark on the eastern bank,(ii) the tidal waters and tidal lands to the mean high water mark of Billinudgel Creek (Capricornia Canal) upstream of a line (being the line of the upstream edge of the North Ocean Shores bridge) bearing generally north-west from point 2D, at the intersection of the mean high water mark on the southern bank and 153°32.503′E longitude, to point 2E, at the intersection of the mean high water mark on the northern bank and 153°32.496′E longitude,(iii) special purpose zone 2 (Marshalls Creek Oyster Leases), as described in Division 4.Simpsons Creek (Map 2)The whole of the tidal waters and tidal lands to the mean high water mark of Simpsons Creek, including all its creeks, bays and tributaries, upstream of a line bearing due east from point 2F, at the intersection of 28°32.967′S latitude and the mean high water mark on the western bank, to the intersection of the line with the mean high water mark on the eastern bank, located near the Brunswick Heads Bowling Club, as shown on map 2.Broken Head (Map 4)From point 4A at the northern end of Kings Beach at the intersection of the mean high water mark and 28°42.528′S latitude, then due east approximately 215 metres to point 4B at 28°42.528′S, 153°37.184′E, then due north approximately 640 metres to point 4C at 28°42.181′S, 153°37.184′E (which is approximately 200 metres north of Cocked Hat Rocks), then due east approximately 1.2 kilometres to point 4D at 28°42.181′S, 153°37.923′E, then generally south south-west approximately 2.7 kilometres to point 4E at 28°43.621′S, 153°37.578′E, then due west approximately 945 metres to point 4F, located approximately 100 metres seaward from the mean high water mark at the south-eastern extremity of Jews Point, at 28°43.621′S, 153°36.997′E, then following the shoreline generally north at 100 metres seaward from the mean high water mark to point 4G at 28°43.315′S, 153°37.177′E, then due west approximately 100 metres to point 4H located approximately 100 metres north of the easternmost rock outcrop at Snapper Rock, at the intersection of the mean high water mark and 28°43.315′S latitude, then following the mean high water mark generally north to point 4A, as shown on map 4.The Moat/Bream Hole (Map 5)From point 5A on the southern side of the Lennox Head boat channel at the intersection of the mean high water mark and 28°47.962′S latitude, then following the southern side of the boat channel generally east approximately 160 metres to point 5B at 28°47.932′S, 153°35.847′E, then generally south south-east to point 5C at the intersection of the mean high water mark and 153°35.924′E longitude then generally north, following the shoreline at the mean high water mark to point 5A, as shown on map 5 but not including special purpose zone 5 (Lennox Head).Lennox Head (Map 5)From point 5D at the intersection of the mean high water mark and 153°36.129′E longitude, then due north approximately 100 metres to point 5E at 28°48.264′S, 153°36.129′E, then following the shoreline for approximately 500 metres generally north-west at 100 metres seaward from the mean high water mark to point 5F at 28°48.116′S, 153°35.974′E, then generally north to point 5G at 28°47.931′S, 153°35.908′E, then generally north approximately 590 metres, to point 5H at 28°47.622′S, 153°35.830′E, approximately 235 metres seaward from the mean high water mark, then due east approximately 1.3 kilometres to point 5I at 28°47.622′S, 153°36.598′E, then generally south south-west approximately 1.8 kilometres to point 5J at the intersection of the mean high water mark and 28°48.571′S latitude (being the intersection of the mean high water mark and the southern boundary of the marine park), then generally north-west following the mean high water mark to point 5D, as shown on map 5.cll 5.2, 5.3 (previously sch 1, pt 4, cll 2, 3): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
5.3 Fish cleaning
(1) A person must not clean any fish or any fishing gear while in a 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.cll 5.2, 5.3 (previously sch 1, pt 4, cll 2, 3): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
5.4 Vessels not to be anchored at certain sites in sanctuary zone
(1) This clause applies despite clause 1.14 of this Regulation.(2) A person may anchor a vessel in a sanctuary zone if:(a) neither the anchor nor the vessel are within 700 metres of the trigonometrical station on Julian Rocks, and(b) no part of the vessel (including the vessel’s anchor and anchor line) is touching a reef, and(c) anchoring the vessel in such a place would not contravene any provision of this Regulation other than clause 1.14.(3) A person may anchor a vessel in a sanctuary zone if such anchoring is permitted by a permit authorising the carrying out of an activity referred to in clause 1.31, 1.32 or 1.34 (1) (d) of this Regulation.cl 5.4 (previously sch 1, pt 4, cl 4): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2009 No 106, Sch 2.20 [4].
5.5 Speed restrictions
(1) A person must not operate a vessel within 200 metres of the trigonometrical station on Julian Rocks at a speed exceeding 4 knots.(2) It is a defence to a prosecution for an offence in respect of a contravention of subclause (1) if the person charged satisfies the court that the operation of the vessel at the speed the vessel was used at was in an emergency and was necessary to protect life or property.(3) This clause does not apply to an officer or employee of a regulatory authority operating a vessel in the course of the regulatory authority’s business.cl 5.5 (previously sch 1, pt 4, cl 5): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Division 3 Habitat protection zones
pt 5, divs 3–11 (cll 5.6–5.24) (previously sch 1, Part 4, div 3–11 (cll 6–23)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
5.6 Description of habitat protection zones
The habitat protection zones of the marine park are comprised of the following areas:Brunswick River (Map 2)The whole of the tidal waters and tidal lands to the mean high water mark of the Brunswick River, including its creeks, bays and tributaries, as shown on map 2, but not including:(i) the Marshalls Creek or Simpsons Creek sanctuary zone, as described in Division 2, or(ii) special purpose zone 1 (Brunswick River Boat Harbour) or 2 (Marshalls Creek Oyster Leases), as described in Division 4.Brunswick River Offshore (Map 2)From point 2G, approximately 925 metres from the easternmost point of the Brunswick River northern training wall, on the northern boundary of the marine park at 28°32.251′S, 153°34.045′E, then due east approximately 3.3 kilometres to point 2H at 28°32.251′S, 153°36.104′E, then due south approximately 5.6 kilometres to point 2I at 28°35.269′S, 153°36.104′E, then generally north-west approximately 6.5 kilometres to point 2G, as shown on map 2.Tyagarah Beach (north) (Map 2)From point 2J on Tyagarah Beach, approximately 2 kilometres south of the Brunswick River southern training wall at the intersection of the mean high water mark and 28°33.376′S latitude, then due east approximately 100 metres to point 2K at 28°33.376′S, 153°33.601′E, then following the coastline generally north at 100 metres seaward from the mean high water mark to the northern boundary of the marine park to point 2L at 28°32.251′S, 153°33.538′E, then due west to the easternmost point of the Brunswick River northern training wall to point 2M at the intersection of the mean high water mark and 28°32.251′S latitude, then generally south, adjoining the Brunswick River habitat protection zone (as described in this Division), and following the mean high water mark to point 2J, as shown on map 2.Grays Lane (Map 2)From point 2N, approximately 2 kilometres north of the Grays Lane access on Tyagarah Beach, at the intersection of the mean high water mark and 28°35.277′S latitude, due east approximately 100 metres to point 2O at 28°35.277′S, 153°34.126′E, then generally south approximately 4.1 kilometres at 100 metres seaward from the mean high water mark to point 2P at 28°37.209′S, 153°35.298′E, then due west approximately 100 metres to point 2Q at the intersection of the mean high water mark and 28°37.209′S latitude, then following the mean high water mark generally north to point 2N, as shown on map 2.Belongil Beach, Main Beach and Clarkes Beach (Map 3)From point 3A, approximately 500 metres south of Belongil Creek at the intersection of the mean high water mark and 28°37.776′S latitude, due east approximately 100 metres to point 3B at 28°37.776′S, 153°35.792′E, then generally south-east approximately 3 kilometres at 100 metres seaward of the mean high water mark to point 3C at 28°38.399′S, 153°37.437′E, then due south approximately 100 metres to point 3D at the intersection of the mean high water mark and 153°37.437′E longitude, then following the mean high water mark generally north-west to point 3A, as shown on map 3.Cape Byron (Map 3)From point 3E on the western rocky shore of Little Wategos Beach, at the intersection of the mean high water mark and 153°38.180′E longitude, then due north approximately 100 metres to point 3F at 28°37.999′S, 153°38.180′E, then generally east and then generally south around Cape Byron at 100 metres seaward from the mean high water mark for approximately 830 metres to point 3G at 28°38.179′S, 153°38.348′E, then due west approximately 100 metres to the easternmost point of Cape Byron to point 3H at the intersection of the mean high water mark and 28°38.179′S latitude, then generally north and then generally west along the mean high water mark to point 3E, as shown on map 3.Wilsons Reef and Bait Reef (Map 3)From point 3I at 28°37.516′S, 153°36.296′E, then due east approximately 1.3 kilometres to point 3J at 28°37.516′S, 153°37.093′E, then due south approximately 500 metres to point 3K at 28°37.783′S, 153°37.093′E, then due west approximately 1.3 kilometres to point 3L at 28°37.783′S, 153°36.296′E, then due north to point 3I, as shown on map 3.Mackerel Boulder (Map 3)From point 3M at 28°36.337′S, 153°36.833′E, then generally north-east for approximately 1.7 kilometres to point 3N at 28°35.900′S, 153°37.708′E, then generally south-east approximately 1.7 kilometres to point 3O at 28°36.337′S, 153°38.589′E, then due west approximately 2.9 kilometres to point 3M, as shown on map 3.Cape Byron Offshore (Map 1)From point 1G at 28°38.780′S, 153°41.690′E, generally south approximately 1.5 kilometres following the boundary of the marine park to point 1H at 28°39.576′S, 153°41.466′E, then due west approximately 1.3 kilometres to point 1I at 28°39.576′S, 153°40.683′E, then due north approximately 1.5 kilometres to point 1J at 28°38.780′S, 153°40.683′E, then due east approximately 1.7 kilometres to point 1G, as shown on map 1.Tallow Beach (Map 1)From point 1L, in line with the Cape Byron Lighthouse, at the intersection of the mean high water mark and 28°38.313′S latitude, then due east approximately 1.1 kilometres to point 1M at 28°38.313′S, 153°38.877′E, then generally south south-west approximately 7.3 kilometres to point 1N at 28°42.181′S, 153°37.923′E, then due west approximately 1.2 kilometres to point 1O, approximately 540 metres seaward from the mean high water mark and approximately 200 metres north of Cocked Hat Rocks at 28°42.181′S, 153°37.184′E, then due south approximately 640 metres to point 1P at 28°42.528′S, 153°37.184′E then due west approximately 215 metres to the northern point of Kings Beach at point 1Q at the intersection of the mean high water mark and 28°42.528′S latitude, then following the mean high water mark generally north along Tallow Beach to point 1L, as shown on map 1.Seven Mile Beach (Map 1)From point 1R, approximately 100 metres north of the easternmost rock outcrop at Snapper Rock, at the intersection of the mean high water mark and 28°43.315′S latitude, then due east approximately 100 metres to point 1S at 28°43.315′S, 153°37.177′E, then following the shoreline generally south at 100 metres seaward from the mean high water mark to point 1T at 28°43.621′S, 153°36.997′E, then due east approximately 945 metres to point 1U at 28°43.621′S, 153°37.578′E, then generally south south-west approximately 7.6 kilometres to point 1V at 28°47.622′S, 153°36.598′E, then due west approximately 1.3 kilometres to point 1W at 28°47.622′S, 153°35.830′E, then generally south approximately 590 metres to point 1X at 28°47.931′S, 153°35.908′E, then generally west approximately 160 metres along the southern boundary of the Lennox Head boat channel to point 1Y at the intersection of the mean high water mark and 28°47.962′S latitude, then following the mean high water mark generally north along Seven Mile Beach to point 1R, as shown on map 1.Lennox Head Boulder Foreshore (Map 5)From point 5D at the intersection of the mean high water mark and 153°36.129′E longitude, then due north approximately 100 metres to point 5E at 28°48.264′S, 153°36.129′E, then following the shoreline for approximately 500 metres generally north-west at 100 metres seaward from the mean high water mark to point 5F at 28°48.116′S, 153°35.974′E, then generally north to point 5G at 28°47.931′S, 153°35.908′E, then due west approximately 100 metres to point 5B at 28°47.932′S, 153°35.847′E, then generally south approximately 390 metres along the eastern margin of the oceanic lagoon (the Moat) to point 5C at the intersection of the mean high water mark and 153°35.924′E longitude, then generally south-east along the mean high water mark to point 5D, as shown on map 5.
5.7 Taking of certain plants permitted
(1) A person may take a plant of a species listed in table A, by hand or using a knife, a spade, a fork or a pump, for recreational purposes, in all habitat protection zones other than Mackerel Boulder, Wilsons Reef and Bait Reef or Lennox Head Boulder Foreshore.(2) A person may take a plant of a species listed in table A, by hand or using a knife, a spade, a fork or a pump, for commercial purposes, but only in the Grays Lane or Seven Mile Beach habitat protection zone.(3) This clause applies despite clause 1.16 of this Regulation.Note—Clause 1.16 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.
5.8 Permitted fishing activities
Note—Clause 1.17 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 1.17).(1) Clause 1.17 (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 this clause.(2) Subject to clause 5.9 of this Part, the following fishing activities are permitted in a habitat protection zone of the marine park:(a) Netting—generalThe taking, other than in the Mackerel Boulder, Wilsons Reef and Bait Reef or Lennox Head Boulder Foreshore habitat protection zone of the marine park, 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,(iv) submersible lift net (bait), but only if it is used to take fish for use as bait (and not for the purposes of sale).(b) Haul netting in part of Seven Mile Beach habitat protection zoneThe taking, in the part of the Seven Mile Beach habitat protection zone between Byron Street at Lennox Head and Jews Point, 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) hauling net (general purpose),(ii) garfish net (hauling),(iii) pilchard, anchovy and bait net (hauling).(c) Fish and lobster trappingThe taking of fish by use of a fish trap or lobster trap in all habitat protection zones other than Mackerel Boulder, Wilsons Reef and Bait Reef or Lennox Head Boulder Foreshore.(d) Eel and crab trappingThe taking of fish by use of an eel trap or crab trap in all habitat protection zones other than Mackerel Boulder, Wilsons Reef and Bait Reef, Lennox Head Boulder Foreshore or those parts of Marshalls Creek or Simpsons Creek that are part of the Brunswick River habitat protection zone.(e) CollectingThe taking of species listed in table B, by hand or using a knife, a spade, a fork or a pump, for recreational purposes, in all habitat protection zones other than Mackerel Boulder, Wilsons Reef and Bait Reef or Lennox Head Boulder Foreshore.The taking of species listed in table B, by hand or using a knife, a spade, a fork or a pump, for commercial purposes, but only in the Grays Lane or Seven Mile Beach habitat protection zone.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. Part 3 of the Fisheries Management (General) Regulation 2002 also sets out requirements in relation to the lawful use of fishing gear such as traps and nets.
5.9 Prohibited fishing activities
Note—1Clause 1.17 (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 1.17 (3) of this Regulation provides that a person does not commit an offence under clause 1.17 for anything done with the consent of the relevant Ministers.(1) A person must not, while in a habitat protection zone of the marine park, 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 a habitat protection zone of the marine park, take or attempt to take any species of shark or ray (Class Chondrichthyes).(3) A person must not, while in the Wilsons Reef and Bait Reef habitat protection zone of the marine park, take or attempt to take any fish of a species not listed in table C.(4) A person must not, while in the Mackerel Boulder habitat protection zone between 1 May and 31 December in any year (both dates inclusive), take or attempt to take fish.(5) A person must not, while in the Mackerel Boulder, Wilsons Reef and Bait Reef or Lennox Head Boulder Foreshore habitat protection zone of the marine park take or attempt to take fish by the use of a net (other than by the use of a landing net and only if such use of the landing net is lawful under the Fisheries Management Act 1994).(6) A person must not, while in the Mackerel Boulder, Wilsons Reef and Bait Reef or Lennox Head Boulder Foreshore habitat protection zone, take, or attempt to take, a fish by hand or using a knife, a spade, a fork or a pump.(7) A person must not, while in any habitat protection zone in the marine park except the Grays Lane or Seven Mile Beach habitat protection zone, take, or attempt to take, a fish by hand or using a knife, a spade, a fork or a pump, for commercial purposes.(8) A person must not, while in the Brunswick River, Tyagarah Beach (north), Belongil Beach, Main Beach and Clarkes Beach, or Lennox Head Boulder Foreshore habitat protection zone, take or attempt to take fish by use of a spear gun.
5.10 Aquaculture
Despite clause 1.18 of this Regulation, aquaculture is not permissible in the habitat protection zone of the marine park, except extensive aquaculture of shellfish.
Division 4 Special purpose zones
pt 5, divs 3–11 (cll 5.6–5.24) (previously sch 1, Part 4, div 3–11 (cll 6–23)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
5.11 Description of special purpose zones
The special purpose zones of the marine park are comprised of the following areas:Special purpose zone 1 (Brunswick River Boat Harbour) (Map 2)Lot 1, Deposited Plan 811063, being approximately 1 kilometre from the mouth of the Brunswick River, as shown on map 2.Special purpose zone 2 (Marshalls Creek Oyster Leases) (Map 2)All oyster leases within Marshalls Creek that:(i) were the subject, immediately before the commencement of this Part, of an aquaculture permit issued under the Fisheries Management Act 1994, andas shown on map 2.(ii) are bounded by the Marshall’s Creek sanctuary zone,Special purpose zone 3 (Belongil Creek) (Map 3)The whole of the tidal waters and tidal lands to the mean high water mark of Belongil Creek, including all its creeks, bays and tributaries, as shown on map 3.Special purpose zone 4 (Tallow Creek) (Map 3)The whole of the tidal waters and tidal lands to the mean high water mark of Tallow Creek, including all its creeks, bays and tributaries, as shown on map 3.Special purpose zone 5 (Lennox Head) (Map 5)The area adjacent to and within 50 metres of the Lennox Head boardwalk, as shown on map 5, but not including The Moat/Bream Hole sanctuary zone.
5.12 Special purpose zones—objects
(1) The object of special purpose zone 1 (Brunswick River Boat Harbour) is to provide for the management of port and harbour facilities and boating requirements.(2) The object of special purpose zone 2 (Marshalls Creek Oyster Leases) is to provide for the management of aquaculture.(3) The object of special purpose zones 3 (Belongil Creek) and 4 (Tallow Creek) is to provide for rehabilitation and traditional use.(4) The object of special purpose zone 5 (Lennox Head) is to provide for recreational fishing by disabled persons.Note—Clauses 1.22 and 1.23 of this Regulation create offences relating to the taking or harming of plants, animals, fish and other materials in a special purpose zone.
5.13 Special purpose zones—fishing
(1) A person must not take or attempt to take fish in special purpose zone 1 (Brunswick River Boat Harbour) unless the taking of the fish, and the method used to take the fish, is permitted in the Brunswick River habitat protection zone.(2) A person must not take or attempt to take fish in special purpose zone 2 (Marshalls Creek Oyster Leases).(2A) A person may carry out oyster aquaculture in special purpose zone 2 (Marshalls Creek Oyster Leases) in accordance with a permit issued under the Fisheries Management Act 1994.(3) A person must not take or attempt to take fish in special purpose zone 3 (Belongil Creek) or 4 (Tallow Creek).(4) A person must not take or attempt to take fish in special purpose zone 5 (Lennox Head) unless the person does so with the consent of the relevant Ministers and is, or is accompanying:(a) a disabled person for whose use a mobility parking scheme authority has been issued under Division 2 of Part 6 of the Road Transport (Safety and Traffic Management) Regulation 1999, or(b) a disabled person conveyed to the zone by an organisation for whose use a mobility parking scheme authority has been issued under Division 2 of Part 6 of that Regulation, or(c) any other person who is a disabled person within the meaning of that Regulation.Note—Clause 1.23 of this Regulation creates an offence of taking or attempting to take fish in contravention of the zoning plan for a marine park. However, a person may obtain the consent of the relevant Ministers to take or attempt to take fish for research, environmental protection, public health, traditional use or public safety purposes.
5.14 Aquaculture in Marshalls Creek Oyster Leases
Despite clause 1.24 of this Regulation, a person may carry out aquaculture in special purpose zone 2 (Marshalls Creek Oyster Leases) in accordance with a permit issued under the Fisheries Management Act 1994.
Division 5 General use zone
pt 5, divs 3–11 (cll 5.6–5.24) (previously sch 1, Part 4, div 3–11 (cll 6–23)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
5.15 Description of general use zones
The general use zone of the marine park is comprised of all parts of the marine park that are not included in a sanctuary zone, a habitat protection zone or a special purpose zone.
5.16 Fishing permitted
(1) A person must not take, or attempt to take, fish in the general use zone of the marine park unless 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 Regulation. Accordingly, this clause is not to be construed as authorising any fishing activity that would contravene another provision of this Regulation.Note—Division 6 of this Part sets out some general restrictions on fishing in the marine park. Those provisions apply to the general use zone.
Division 6 General prohibitions
pt 5, divs 3–11 (cll 5.6–5.24) (previously sch 1, Part 4, div 3–11 (cll 6–23)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
5.17 Aquaculture
Despite any other provision of this Regulation, intensive aquaculture is not permissible in the marine park.
5.18 Taking fish or plants for aquarium collection prohibited
(1) A person must not, while in any part of the marine park, take or attempt to take any fish or plant for aquarium collection purposes.(2) A person does not commit an offence in respect of a contravention of subclause (1) if:(a) the fish or plant the subject of the charge was 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.
5.19 Setlining, droplining, drift lining, estuary mesh netting and purse seine netting
A person must not while in any part of the marine park take, or attempt to take, fish by the following activities:(a) use of a set line, dropline or drift line,(b) use of an estuary mesh net,(c) use of a purse seine net.
Division 7 Species protection
pt 5, divs 3–11 (cll 5.6–5.24) (previously sch 1, Part 4, div 3–11 (cll 6–23)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
5.20 Identification of protected species
For the purposes of clause 1.30 of this Regulation, any species of fish:(a) not listed in table B, oris identified as a protected species for the purposes of the marine park.(b) the harming of which is prohibited under the Fisheries Management Act 1994,Note—Clause 1.30 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
pt 5, divs 3–11 (cll 5.6–5.24) (previously sch 1, Part 4, div 3–11 (cll 6–23)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
5.21 Prohibition on domesticated animals
(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 any tidal lands in the marine park if such lands are directly seaward of a nature reserve or national park dedicated or reserved under the National Parks and Wildlife Act 1974.(3) Despite subclause (2), a person may bring a domesticated animal into any part of the marine park:(a) (Repealed)(b) if the animal remains confined to a vessel, or(c) if the animal is a horse and the horse is brought into the marine park with the consent of the relevant Ministers.(4) This clause applies despite clause 1.29 of this Regulation.Note—Clause 1.29 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 provisions of the Companion Animals Act 1998.Note—Sections 14 and 30 of the Companion Animals Act 1998 prohibit cats and dogs in certain public places.Note—Section 59 of the Companion Animals Act 1998 entitles a person with a disability to be accompanied by an assistance animal being used bona fide by the person to assist the person into or onto any place open to or used by the public.
Division 9 Use, mooring and anchoring of vessels and vehicles
Note—
Clause 1.35 of this Regulation makes it an offence to use, anchor or moor any vessel or motorised vehicle in a marine park in contravention of the zoning plan for the marine park.
pt 5, divs 3–11 (cll 5.6–5.24) (previously sch 1, Part 4, div 3–11 (cll 6–23)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
5.22 Anchoring large vessels
(1) A person must not anchor a vessel that is longer than 25 metres in the marine park between latitude 28°36.609′S (Julian Rocks) and latitude 28°38.594′S (Cape Byron), except with the consent of the relevant Ministers.(2) It is a defence to a prosecution for an offence under clause 1.35 of this Regulation in respect of a contravention of subclause (1) if the person charged satisfies the court that the anchoring of the vessel was in an emergency and was necessary to protect life or property.
5.23 Personal watercraft and hovercraft
(1) A person must not use a personal watercraft or motorised vessel that is a hovercraft in any part of the marine park.(2) Subclause (1) does not apply to:(a) an officer or employee of a regulatory authority using the personal watercraft or hovercraft in the course of the regulatory authority’s business, or(b) a person carrying out an activity referred to in clause 1.34 (1) (a), (b), (c) or (d) of this Regulation with the consent of the relevant Ministers.(3) It is a defence to a prosecution for an offence under clause 1.35 of this Regulation in respect of a contravention of subclause (1) if the person charged satisfies the court that the person was in an emergency and the use of the personal watercraft or hovercraft was necessary to protect life or property.
5.24 Areas in which use of vehicles prohibited
(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 the following:(a) an authorised vehicle, a police vehicle or an emergency vehicle,(b) a commercial fisher (within the meaning of the Fisheries Management Act 1994) lawfully using a vehicle on a beach in connection with his or her fishing activities,(c) a vehicle being used in an area in the marine park in respect of which the use of such a vehicle has been authorised by a council (within the meaning of the Local Government Act 1993),(d) a person using a vehicle in the marine park who has been authorised by a council (within the meaning of the Local Government Act 1993) to use such a vehicle within the marine park.(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) a regulatory authority,(b) any other government department or public or local authority,(c) a surf life saving club.designated boat-launching facility means a facility in the marine park designated by the Authority or another relevant government department or public or local authority 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.Note—Clause 1.35 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 10 Maps
pt 5, divs 3–11 (cll 5.6–5.24) (previously sch 1, Part 4, div 3–11 (cll 6–23)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Map 1 Cape Byron Marine Park
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Map 2 Brunswick River and Tyagarah Beach
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Map 3 Cape Byron
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Map 4 Broken Head
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Map 5 Lennox Head
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Note—
Map 1 provides an overview of the zoning scheme for the Cape Byron Marine Park. Maps 2–5 provide additional detail.
Division 11 Tables
pt 5, divs 3–11 (cll 5.6–5.24) (previously sch 1, Part 4, div 3–11 (cll 6–23)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Table A—Plants that may be taken in habitat protection zones
Common name | Class/Family | Species |
Sea lettuce | Family Ulvaceae | Ulva lactuca |
Bait weed | Family Ulvaceae | Enteromorpha intestinalis |
Table B—Fish that may be taken in habitat protection zones
Common name | Class/Family | Species |
Finfish | Class Osteichthyes | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Lobster, crayfish | Family Palinuridae | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Prawns | Family Penaeidae | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Squid | Family Sepiidae | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Pipis | Family Donacidae | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Rock and beach worms | Family Onuphidae | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Marine yabbies (nippers) | Family Callianassidae | Callianassa spp. |
Mud crabs | Family Grapsidae | Scylla serrata |
Blue swimmer crabs | Family Portunidae | Portunus pelagicus |
Rock crabs | Family Grapsidae | All species |
Spanner crabs | Family Raninidae | Ranina ranina |
Oysters | Family Ostreidae | Saccostrea spp. and Crassostrea spp. |
Turban shell (Googoombull) | Family Turbinadae | Turbo spp. |
Abalone | Family Haliotidae | Haliotis rubra |
Periwinkles | Family Trochidae | Austrocochlea spp. |
Note—
Bag and size limits apply and are specified in the Fisheries Management Act 1994.
Table C—Fish that may be taken from Wilsons Reef and Bait Reef habitat protection zone
Common name | Family | Species |
Mullet | Family Mugilidae | All species |
Garfish | Family Hemiramphidae | All species |
Sea pike, snook | Family Sphyraenidae | All species |
Hardyheads | Family Atherinidae | All species |
Mackerels, wahoo, tuna | Family Scombridae | All species |
Trevallies, kingfish, scad, etc | Family Carangidae | All species |
Pilchards, herring, sprats etc | Family Clupeidae | All species |
Cobia | Family Rachycentridae | Rachycentron canadum |
Dolphinfish | Family Coryphaenidae | Coryphaena hippurus |
Tailor | Family Pomatomidae | Pomatomus saltatrix |
Note—
Bag and size limits apply and are specified in the Fisheries Management Act 1994.
Part 6 Port Stephens–Great Lakes Marine Park Zoning Plan
pt 6, hdg (previously sch 1, Part 5, heading): Am 2009 (416), Sch 2 [23]. Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Note—
The GPS coordinates used in this Part to describe the boundaries of the zones of the Port Stephens–Great Lakes Marine Park are given in degrees and decimal minutes using the Geocentric Datum of Australia 1994 (GDA 94).
pt 6 (previously sch 1, Part 5): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Division 1 Preliminary
pt 6, div 1 (cll 6.1, 6.2) (previously sch 1, Part 5, Div 1 (cll 1, 2)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
6.1 Definitions
(1) In this Part:Chart AUS 362 means the charts published under that title by the Australian Hydrographic Service on 4 February 1992.extensive aquaculture has the same meaning as it has in the Fisheries Management (Aquaculture) Regulation 2007.hand held line has the same meaning as it has in clause 1.17 of this Regulation.intensive aquaculture has the same meaning as it has in the Fisheries Management (Aquaculture) Regulation 2007.map means a map set out in Division 8.marine park means the Port Stephens–Great Lakes Marine Park described in Part 2 of the Proclamation made under sections 6 and 7 of the Act and published in Gazette No 147 on 1 December 2005 at page 9851 (as varied by the Proclamation made under section 9 of the Act and published in Gazette No 63 on 12 May 2006 at page 3016).oyster depuration means the extraction of seawater from the waters of the marine park, the discharge of seawater into the waters of the marine park and the conveyance of seawater across tidal waters or tidal lands of the marine park by way of depuration lines for the purposes of depuration of oysters.means each of the following:(a) the council of an area (within the meaning of the Local Government Act 1993) that adjoins the marine park,(b) the Department of Primary Industries,(c) the Department of Environment and Conservation,(d) the Department of Planning,(e) the NSW Police Force,(f) the Maritime Authority of NSW,(g) the Department of Lands.spear gun includes a spear, bow and arrow or other similar device.table means a table set out in Division 9.tidal lands means any area of land that is covered from time to time by tidal waters, and that is above the lowest astronomical tide level.tidal waters means any area of waters of the sea or subject to tidal influence.(2) In this Part, a reference to a net, line or trap that is also referred to in the Fisheries Management (General) Regulation 2002 is a reference to that net, line or trap within the meaning of that Regulation.
6.2 General defence of emergency
It is a defence to a prosecution for an offence in respect of a contravention of this Part if the person charged satisfies the court that the conduct constituting the offence was carried out in an emergency and was necessary to protect life or property.
Division 2 Sanctuary zones
pt 6, div 2 (previously sch 1, Part 5, Div 2): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
6.3 Description of sanctuary zones
The sanctuary zones of the marine park are comprised of the following areas:The Pinnacle sanctuary zone (map 2)An area bounded as follows:(a) commencing on Cape Hawke at the point (point 2a) on the mean high water mark nearest to 32°12.991′S, 152°34.257′E,(b) then due east approximately 500 metres to 32°12.991′S, 152°34.533′E (point 2b),(c) then generally north-west to 32°12.516′S, 152°34.280′E (point 2c),(d) then due east to the intersection of latitude 32°12.516′S with the eastern boundary of the marine park (point 2d), at or about 32°12.516′S, 152°37.763′E,(e) then generally south, along the boundary of the marine park, to 32°15.180′S, 152°37.116′E (point 2e),(f) then generally north-west to Cape Hawke at the point (point 2f) on the mean high water mark nearest to 32°13.742′S, 152°34.005′E,as shown on map 2.(g) then generally north along the mean high water mark to the point of commencement,Smiths Lake sanctuary zone (map 3)An area bounded as follows:(a) commencing at the western entrance to Tarbuck Bay at the point (point 3a) on the mean high water mark nearest to 32°22.399′S, 152°28.508′E,(b) then due east to Little Island at the point (point 3b) on the mean high water mark nearest to 32°22.399′S, 152°28.813′E,(c) then generally south and south-east, along the mean high water mark of the south-western shore of Little Island, to the southern tip of Little Island at the point (point 3c) on the mean high water mark nearest to 32°22.672′S, 152°29.035′E,(d) then generally south-west to Horse Point at the point (point 3d) on the mean high water mark nearest to 32°23.643′S, 152°28.750′E,(e) then generally south-west to the point on the mean high water mark nearest to 32°23.975′S, 152°28.453′E (point 3e),as shown on map 3.(f) then generally west, north and east, along the mean high water mark, to the point of commencement,Celito South sanctuary zone (map 4)An area bounded as follows:(a) commencing on the coast south of Sandbar at the point (point 4a) on the mean high water mark nearest to 32°24.124′S, 152°31.163′E,(b) then due east to 32°24.124′S, 152°31.422′E (point 4b),(c) then due south to 32°25.343′S, 152°31.422′E (point 4c),(d) then due west to the point (point 4d) on the mean high water mark nearest to 32°25.343′S, 152°31.107′E,as shown on map 4.(e) then generally north along the mean high water mark to the point of commencement,Seal Rocks sanctuary zone (map 5)An area bounded as follows:(a) commencing approximately 500 metres due east of Sugarloaf Point, at 32°26.477′S, 152°32.696′E (point 5a),(b) then due east to the point (point 5b) on the marine park boundary nearest to 32°26.477′S, 152°36.419′E,(c) then generally south and south-west, along the marine park boundary, to the intersection of longitude 152°31.239′S with the eastern boundary of the marine park (point 5c), at or about 32°31.155′S, 152°31.239′E,(d) then due north to 32°27.566′S, 152°31.239′E (point 5d), approximately 500 metres south of Treachery Head,(e) then generally north-east to 32°26.923′S, 152°32.696′E (point 5e), approximately 200 metres generally south-east of Seagull Island,as shown on map 5.(f) then due north to the point of commencement,Fiona Beach sanctuary zone (map 6)An area bounded as follows:(a) commencing on Fiona Beach at the point (point 6a) on the mean high water mark nearest to 32°27.492′S, 152°29.415′E,(b) then due south to 32°27.773′S, 152°29.415′E (point 6b),(c) then generally south-west to 32°29.488′S, 152°24.721′E (point 6c),(d) then generally north-west to the point (point 6d) on the mean low water mark nearest to 32°29.292′S, 152°24.563′E,(e) then generally north-east along the mean low water mark to the point (point 6e) on the mean low water mark nearest to 32°27.753′S, 152°28.501′E,(f) then due north to the point (point 6f) on the mean high water mark nearest to 32°27.739′S, 152°28.501′E,as shown on map 6.(g) then along the mean high water mark to the point of commencement,Myall Lake No 1 sanctuary zone (map 7)An area bounded as follows:(a) commencing on the eastern side of Corrigans Bay at the point (point 7a) on the mean high water mark nearest to 32°24.111′S, 152°26.799′E,(b) then generally west to the eastern side of Corrigans Head at the point (point 7b) on the mean high water mark nearest to 32°24.235′S, 152°25.285′E,as shown on map 7.(c) then generally north-west, east and south-east along the mean high water mark to the point of commencement,Myall Lake No 2 sanctuary zone (map 7)An area bounded as follows:(a) commencing at Reedy Point at the point (point 7c) on the mean high water mark nearest to 32°25.723′S, 152°26.770′E,(b) then generally south-west and north-west along the mean high water mark of Kataway Bay to the point (point 7d) on the mean high water mark nearest to 32°26.162′S, 152°24.792′E,as shown on map 7.(c) then generally north-east to the point of commencement,Myall Lake No 3 sanctuary zone (map 7)An area bounded as follows:(a) commencing on Boulders Point at the point (point 7e) on the mean high water mark nearest to 32°24.722′S, 152°22.778′E,(b) then generally south-west to, adjacent to McGraths Bay, the point (point 7f) on the mean high water mark nearest to 32°25.879′S, 152°20.317′E,as shown on map 7.(c) then generally north, east and south along the mean high water mark to the point of commencement,Boolambayte Lake sanctuary zone (map 8)An area bounded as follows:(a) commencing adjacent to Violet Hill Campground at the point (point 8a) on the mean high water mark nearest to 32°28.335′S, 152°19.353′E,(b) then generally south-east, across Violet Hill Passage, to the point (point 8b) on the mean high water mark nearest to 32°28.492′S, 152°19.623′E on the opposite shore,(c) then along the mean high water mark of the southern shore of Boolambayte Lake to the point (point 8c) on the mean high water mark nearest to 32°26.586′S, 152°17.427′E,(d) then due west to, adjacent to the northern side of Korsemans Landing jetty, the point (point 8d) on the mean high water mark nearest to 32°28.586′S, 152°17.164′E,as shown on map 8.(e) then generally north and east along the mean high water mark of Boolambayte Lake, including the tidal waters and tidal lands to the mean high water mark of Boolambayte Creek and its creeks, bays and tributaries, to the point of commencement,Bombah Broadwater sanctuary zone (map 9)An area bounded as follows:(a) commencing on the western shore of Bombah Point at the point (point 9a) on the mean high water mark nearest to 32°30.487′S, 152°18.302′E,(b) then due east to port navigation marker No 431 (point 9b) at or about 32°30.487′S, 152°18.447′E,(c) then generally south-west to the port navigation marker No 428 (point 9c) at or about 32°31.189′S, 152°18.015′E,(d) then generally south-west to port navigation marker No 426 (point 9d) at or about 32°31.608′S, 152°17.686′E,(e) then generally south-west to port navigation marker No 422 (point 9e) at or about 32°31.962′S, 152°17.406′E,(f) then generally west to port navigation marker No 420 (point 9f) at or about 32°32.081′S, 152°16.937′E,(g) then generally west to isolated danger mark No 419 (point 9g) at or about 32°32.102′S, 152°16.812′E,(h) then generally west to starboard navigation marker No 418 (point 9h) at or about 32°32.106′S, 152°16.706′E,(i) then generally west to starboard navigation marker No 417 (point 9i) at or about 32°32.062′S, 152°16.431′E,(j) then generally west to starboard navigation marker No 416 (point 9j) at or about 32°31.912′S, 152°16.054′E,(k) then generally west to starboard navigation marker No 457 (point 9k) at or about 32°31.735′S, 152°15.350′E,(l) then generally north-west to the southern end of Bulahdelah Point at the point (point 9l) on the mean high water mark nearest to 32°31.473′S, 152°15.207′E,as shown on map 9.(m) then generally east along the mean high water mark to the point of commencement,Broughton Island sanctuary zone (map 10)An area bounded as follows:(a) commencing on the northern shore of Broughton Island at the point (point 10a) on the mean high water mark nearest to 32°36.909′S, 152°19.421′E,(b) then generally north-east to 32°36.045′S, 152°20.292′E (point 10b),(c) then generally east to 32°36.000′S, 152°20.962′E (point 10c),(d) then due south to 32°37.502′S, 152°20.962′E (point 10d),(e) then generally south to 32°37.800′S, 152°20.917′E (point 10e),(f) then generally south-west to 32°38.148′S, 152°20.614′E (point 10f),(g) then generally south-west to 32°38.500′S, 152°19.896′E (point 10g),(h) then generally north-west to 32°37.854′S, 152°18.847′E (point 10h),(i) then due north to Broughton Island at the point (point 10i) on the mean high water mark nearest to 32°37.453′S, 152°18.847′E,(j) then generally east, north, east and south-east along the mean high water mark of Broughton Island to 32°37.677′S, 152°19.151′E (point 10j),(k) then generally north-east to 32°37.525′S, 152°20.151′E (point 10k), off Little Broughton Island,(l) then generally north-west to Little Broughton Island at the point on the mean high water mark nearest to 32°37.490′S, 152°20.131′E (point 10l),(m) then generally east, north and west, along the mean high water mark of the eastern side of Little Broughton Island, to the point on the mean high water mark nearest to 32°37.138′S, 152°19.846′E (point 10m),(n) then generally north-west to Broughton Island at the point (point 10n) on the mean high water mark nearest to 32°37.047′S, 152°19.718′E,as shown on map 10.(o) then generally north-west, along the mean high water mark of Broughton Island, to the point of commencement,Cabbage Tree Island sanctuary zone (map 11)An area bounded as follows:(a) commencing on the northern end of Cabbage Tree Island at the point on the mean high water mark (point 11a) nearest to 32°41.036′S, 152°13.404′E,(b) then due north approximately 500 metres to 32°40.761′S, 152°13.404′E (point 11b),(c) then due east approximately 1 kilometre to 32°40.761′S, 152°14.031′E (point 11c),(d) then due south to 32°42.082′S, 152°14.031′E (point 11d),(e) then due east to Yacaaba Head at the point (point 11e) on the mean high water mark nearest to 32°42.082′S, 152°12.295′E,(f) then generally north-east and north-west, along the mean high water mark of Yacaaba Head, to the point (point 11f) on the mean high water mark nearest to 32°41.646′S, 152°12.233′E,(g) then due north approximately 200 metres to 32°41.543′S, 152°12.233′E (point 11g),(h) then due east to the southern end of Cabbage Tree Island at the point (point 11h) on the mean high water mark nearest to 32°41.543′S, 152°13.455′E,as shown on map 11.(i) then generally east, north and north-west, along the mean high water mark of the eastern side of Cabbage Tree Island, to the point of commencement,Zenith Beach sanctuary zone (map 12)An area bounded as follows:(a) commencing on Zenith Beach at the point (point 12a) on the mean high water mark nearest to 32°43.121′S, 152°11.129′E,(b) then generally south-east to 32°43.192′S, 152°11.296′E (point 12b),(c) then generally south-west to the southern headland of Wreck Beach at the point (point 12c) on the mean high water mark nearest to 32°43.636′S, 152°11.075′E,as shown on map 12.(d) then generally north along the mean high water mark to the point of commencement,Fingal Island sanctuary zone (map 13)An area bounded as follows:(a) commencing on Fingal Island at the point (point 13a) on the mean high water mark nearest to 32°44.932′S, 152°12.122′E,(b) then due south to the point (point 13b) on the 40 metre depth contour line, as shown on Chart AUS 362, nearest to 32°45.666′S, 152°12.122′E,(c) then generally south-west, along the 40 metre depth contour line, to the point on the 40 metre depth contour line nearest to 32°46.087′S, 152°11.097′E (point 13c),(d) then due north to Fingal Island at the point on the mean high water mark nearest to 32°44.977′S, 152°11.097′E (point 13d),as shown on map 13.(e) then generally east and north-east along the mean high water mark of Fingal Island to the point of commencement,Jimmys Beach sanctuary zone (map 14)An area bounded as follows:(a) commencing at 32°40.810′S, 152°09.919′E (point 14a),(b) then due south to 32°41.130′S, 152°09.919′E (point 14b),(c) then due west to 32°41.130′S, 152°09.554′E (point 14c),(d) then due north to 32°40.915′S, 152°09.554′E (point 14d),as shown on map 14.(e) then generally north-east to the point of commencement,Fly Point—Corrie Island sanctuary zone (map 15)An area bounded as follows:(a) commencing on the western side of Fly Point at the point (point 15a) on the mean high water mark nearest to 32°42.892′S, 152°09.052′E,(b) then generally north-west to starboard navigation marker No 007 (point 15b) at or about 32°42.652′S, 152°08.719′E,(c) then generally north-west to starboard navigation marker No 008 (point 15c) at or about 32°42.516′S, 152°08.351′E,(d) then generally north-west to starboard navigation marker No 014 (point 15d) at or about 32°42.377′S, 152°07.963′E,(e) then generally north-west to starboard navigation marker No 015 (point 15e) at or about 32°42.273′S, 152°07.556′E,(f) then generally north to starboard navigation marker No 064 (point 15f) at or about 32°41.736′S, 152°07.374′E,(g) then generally north to starboard navigation marker No 062 (point 15g) at or about 32°41.143′S, 152°07.203′E,(h) then generally north to starboard navigation marker No 063 (point 15h) at or about 32°40.530′S, 152°07.430′E,(i) then generally north-east to starboard navigation marker No 065 (point 15i) at or about 32°40.346′S, 152°07.859′E,(j) then generally east to starboard navigation marker No 69 (point 15j) at or about 32°40.259′S, 152°08.102′E,(k) then generally east to starboard navigation marker No 201 (point 15k) at or about 32°40.237′S, 152°08.318′E,(l) then generally east to starboard navigation marker No 202 (point 15l) at or about 32°40.224′S, 152°08.429′E,(m) then generally east to starboard navigation marker No 203 (point 15m) at or about 32°40.243′S, 152°08.535′E,(n) then generally south-east to starboard navigation marker No 204 (point 15n) at or about 32°40.287′S, 152°08.760′E,(o) then generally south-east to starboard navigation marker No 205 (point 15o) at or about 32°40.319′S, 152°08.893′E,(p) then due south to the north-eastern end of Corrie Island at the point (point 15p) on the mean high water mark nearest to 32°40.326′S, 152°08.893′E,(q) then generally south-east and south, along the mean high water mark of the eastern shore of Corrie Island, to the point (point 15q) on the mean high water mark nearest to 32°40.570′S, 152°08.719′E,(r) then generally south-west to 32°40.625′S, 152°08.644′E (point 15r),(s) then generally south-west to 32°40.953′S, 152°08.406′E (point 15s),(t) then generally south-west to 32°41.082′S, 152°08.297′E (point 15t),(u) then generally south-east to cardinal mark No 005 (point 15u) at or about 32°42.199′S, 152°09.454′E,(v) then generally south-east to Nelson Head at the point (point 15v) on the mean high water mark nearest to 32°42.582′S, 152°09.702′E,as shown on map 15, but not including the Little Beach habitat protection zone, the Fly Point Cove special purpose zone or the Little Beach special purpose zone as described in Division 3 or 4.(w) then generally south-west, along the mean high water mark, to the point of commencement,Salamander Bay sanctuary zone (map 16)An area bounded as follows:(a) commencing on Salamander Bay at the point (point 16a) on the mean high water mark nearest to 32°43.635′S, 152°06.092′E,(b) then generally west, along the mean high water mark, to the point (point 16b) on the mean high water mark nearest to 32°43.654′S, 152°05.338′E,(c) then generally north-east to 32°43.547′S, 152°05.655′E (point 16c),(d) then due east to 32°43.547′S, 152°05.955′E (point 16d),as shown on map 16.(e) then generally south-east to the point of commencement,Cromartys Bay sanctuary zone (map 17)An area bounded as follows:(a) commencing on the northernmost tip of Mud Point at the point (point 17a) on the mean high water mark nearest to 32°42.969′S, 152°03.528′E,(b) then due east to the eastern bank of Cromartys Bay at the point on the mean high water mark nearest to 32°42.969′S, 152°03.913′E (point 17b),as shown on map 17.(c) then generally south, west and north, along the mean high water mark of Cromartys Bay, to the point of commencement (including along the mean high water mark of all intervening creeks, bays and tributaries),Wallis and Fenninghams Island Creeks sanctuary zone (map 18)An area bounded as follows:the tidal waters and tidal lands to the mean high water mark of Wallis Creek and its creeks, bays and tributaries and Fenninghams Island Creek and its creeks, bays and tributaries upstream of the line between:(a) the point (point 18a) on the mean high water mark nearest to 32°44.457′S, 152°03.458′E on Taylors Beach, andas shown on map 18, but not including the Port Stephens Fisheries Centre special purpose zone as described in Division 4.(b) the point (point 18b) on the mean high water nearest to 32°44.600′S, 152°03.133′E on the northern end of Fenninghams Island,Mallabula sanctuary zone (map 19)An area bounded as follows:(a) commencing west of Mallabula Point at the point (point 19a) on the mean high water mark nearest to 32°43.289′S, 152°01.013′E,(b) then generally north-east to the navigation marker (also used as a sailing turn buoy) at or about 32°43.059′S, 152°01.120′E (point 19b),(c) then due east to 32°43.059′S, 152°01.766′E (point 19c),(d) then due south to the point (point 19d) on the mean high water mark nearest to 32°43.391′S, 152°01.766′E,as shown on map 19.(e) then generally west along the mean high water mark to the point of commencement,Twelve Mile Creek sanctuary zone (map 20)An area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Twelve Mile Creek and its creeks, bays and tributaries upstream of the line between:(a) the point (point 20a) on the mean high water mark nearest to 32°44.218′S, 151°56.337′E on the eastern shoreline, andas shown on map 20 but not including the area removed from the marine park by the Proclamation made under section 9 of the Act and published in Gazette No 63 on 12 May 2006 at page 3016.(b) the point (point 20b) on the mean high water mark nearest to 32°44.205′S, 151°56.220′E on the western shoreline,Little Swan Bay sanctuary zone (map 21)An area bounded as follows:(a) commencing on the western shore of the Karuah River, north of Swan Island, at the point (point 21a) on the mean high water mark nearest to 32°40.049′S, 151°57.981′E,(b) then due east to the northern end of Swan Island at the point (point 21b) on the mean high water mark nearest to 32°40.049′S, 151°58.196′E,(c) then generally south-west, along the mean high water mark of the western shore of Swan Island, to the southern end of Swan Island at the point (point 21c) on the mean high water mark nearest to 32°40.815′S, 151°58.489′E,(d) then generally south-east to port navigation marker No 038 (point 21d) at or about 32°41.416′S, 152°59.383′E,(e) then generally south-east to the northern end of Snapper Island at the point (point 21e) on the mean high water mark nearest to 32°42.000′S, 151°59.855′E,(f) then generally south and south-east, along the mean high water mark along the western shore of Snapper Island, to the southern end of Snapper Island at the point on the mean high water mark nearest to 32°42.345′S, 152°00.202′E (point 21f),(g) then generally south to starboard navigation marker No 121 (point 21g) at or about 32°42.488′S, 152°00.179′E,(h) then generally west to starboard navigation marker No 151 (point 21h) at or about 32°42.552′S, 151°59.705′E,(i) then generally west to the southern tip of Orobillah Island at the point (point 21i) on the mean high water mark nearest to 32°42.530′S, 151°58.862′E,(j) then generally south-west to Cockle Shell Point at the point (point 21j) on the mean high water mark nearest to 32°41.888′S, 151°58.156′E,but not including the Evens Point habitat protection zone as described in Division 3.(k) then generally north, east, north, west, north and north-east, along the mean high water mark, to the point of commencement (including along the mean high water mark of all intervening creeks, bays and tributaries),Note—The Evens Point habitat protection zone is not shown on map 21.Karuah River sanctuary zone (map 22)An area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of the Karuah River and its creeks, bays and tributaries upstream of the line between:(a) the point (point 22a) on the mean high water mark nearest to 32°31.804′S, 151°58.257′E on the eastern bank, andas shown on map 22.(b) the point (point 22b) on the mean high water mark nearest to 32°31.804′S, 151°58.127′E on the western bank,Little Branch Creek sanctuary zone (map 23)An area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Little Branch Creek and its creeks, bays and tributaries upstream of the line between:(a) the point (point 23a) on the mean high water mark nearest to 32°34.850′S, 151°59.723′E on the northern bank, andas shown on map 23.(b) the point (point 23b) on the mean high water mark nearest to 32°34.881′S, 151°59.673′E on the southern bank,Number One Cove sanctuary zone (map 24)An area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Yalimbah Creek (also known as Number One Cove) and its creeks, bays and tributaries, upstream of the line between:(a) the point (point 24a) on the mean high water mark nearest to 32°39.828′S, 151°59.403′E on the eastern bank, andas shown on map 24.(b) the point (point 24b) on the mean high water mark nearest to 32°39.767′S, 151°59.169′E on the western bank,North Arm Cove sanctuary zone (map 25)An area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of North Arm Cove and its creeks, bays and tributaries, upstream of the line between:(a) the point (point 25a) on the mean high water mark nearest to 32°39.555′S, 152°03.617′E on the eastern bank, andas shown on map 25.(b) the point (point 25b) on the mean high water mark nearest to 32°39.216′S, 152°03.002′E on the western bank,Pindimar sanctuary zone (map 26)An area bounded as follows:(a) commencing on the western end of Piggys Beach at the point (point 26a) on the mean high water mark nearest to 32°41.348′S, 152°04.327′E,(b) then generally east, along the mean high water mark, to the point (point 26b) on the mean high water mark nearest to 32°41.252′S, 152°04.970′E,(c) then due south to starboard navigation marker No 129 (point 26c) at or about 32°41.421′S, 152°04.970′E,(d) then due south to 32°41.682′S, 152°04.970′E (point 26d),(e) then due west to 32°41.682′S, 152°04.327′E (point 26e),as shown on map 26.(f) then due north to the point of commencement,Fame Cove sanctuary zone (map 27)An area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of that much of Fame Cove and its creeks, bays and tributaries (including Nanabah Creek) upstream of the line between:(a) the point (point 27a) on the mean high water mark nearest to 32°41.033′S, 152°03.967′E on the eastern shore of Fame Cove, and(b) port navigation marker No 054 (point 27b) at or about 32°41.033′S, 152°03.833′E, andas shown on map 27.(c) the point (point 27c) on the mean high water mark nearest to 32°40.980′S, 152°03.787′E on the western shore of Fame Cove,Myall River sanctuary zone (map 28)An area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of the Myall River and its creeks, bays and tributaries, that are both:(a) downstream of the line between:(i) the point (point 28a) on the mean high water mark nearest to 32°37.050′S, 152°11.777′E on the southern bank, and(ii) the point (point 28b) on the mean high water mark nearest to 32°37.014′S, 152°11.777′E on the northern bank, andas shown on map 28 but not including the Myall River Camp habitat protection zone described in Division 3.(b) upstream of the line between:(i) the point (point 28c) on the mean high water mark nearest to 32°38.221′S, 152°10.217′E on the southern bank, and(ii) the point (point 28d) on the mean high water mark nearest to 32°38.179′S, 152°10.217′E on the northern bank,cll 6.3–6.6 (previously sch 1, pt 5, cll 3–6)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
6.4 Oyster depuration
(1) Despite clause 1.11 of this Regulation, a person may carry out oyster depuration (other than the operation of a depuration tank) in a sanctuary zone of the marine park if the oyster depuration is carried out in a designated area and in accordance with the Food Act 2003.(2) For the purposes of this clause, a designated area means any tidal waters and tidal lands of a sanctuary zone of the marine park on which, immediately before the commencement of this Part, depuration lines were being used for oyster depuration by the holder of a licence under the Food Act 2003 that authorised the operation of a depuration plant.cll 6.3–6.6 (previously sch 1, pt 5, cll 3–6)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
6.5 Fish cleaning
(1) Despite clauses 1.11 and 1.25 of this Regulation, a person may clean fish or fishing gear while in a sanctuary zone of the marine park at a fish cleaning facility (if any) designated by the relevant Ministers for that purpose.(2) Despite clauses 1.11 and 1.25 of this Regulation, a person may clean a fishing net in a sanctuary zone of the marine park while:(a) the net is being transported to or from any place where the net could lawfully be used for commercial fishing, and(b) the cod-end of the net is open, and(c) none of the otter boards of the net are in the water.cll 6.3–6.6 (previously sch 1, pt 5, cll 3–6)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
6.6 Sanctuary zone speed restrictions
(1) A person must not operate a vessel within a speed restricted area at a speed exceeding 4 knots.(2) For the purposes of this clause, each of the following areas is a speed restricted area:(a) the Jimmys Beach sanctuary zone,(b) the area within the Fly Point—Corrie Island sanctuary zone bounded as follows:(i) commencing at starboard navigation marker No 064 (point 15f as shown on map 15) at or about 32°41.736′S, 152°07.374′E,(ii) then due east to the point on the eastern boundary of the sanctuary zone nearest to 32°41.736′S, 152°08.978’E,(iii) then generally south-east to cardinal mark No 005 (point 15u as shown on map 15) at or about 32°42.199′S, 152°09.454′E,(iv) then generally west to starboard navigation marker No 015 (point 15e as shown on map 15) at or about 32°42.273′S, 152°07.556′E,(v) then generally north to the point of commencement.(3) This clause does not apply to an officer or employee of a regulatory authority operating a vessel in the course of the regulatory authority’s business.cll 6.3–6.6 (previously sch 1, pt 5, cll 3–6)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
6.7 Permissible uses
(1) Without limiting clause 1.7 of this Regulation, a further object of a sanctuary zone in the marine park is, where consistent with clause 1.7 (a) of this Regulation, to allow any activity to be carried out in the zone if it is a permissible use with respect to the sanctuary zone.(2) For the purposes of this clause, each of the following activities is a permissible use with respect to each of the sanctuary zones in the marine park:(a) an activity that is necessary for the purposes of replacing a work used before the commencement of this Part with a work that has the same or less environmental impact and that is capable of safe and ecologically sustainable use,(b) an activity that is necessary for the purposes of maintaining a work used before the commencement of this Part in a state that enables safe and ecologically sustainable use of the work.(3) Despite clause 1.11 of this Regulation, the consent of the relevant Ministers may be given for an activity that would otherwise contravene that clause if that activity is a permissible use with respect to the sanctuary zone.(4) In this clause:work includes a jetty, wharf, pontoon, groyne, retaining wall, boat ramp, mooring, aquaculture facility, boardwalk, navigation marker, regulatory authority sign and stormwater drain.cl 6.7 (previously sch 1, pt 5, cl 7): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2009 No 106, Sch 2.20 [5].
Division 3 Habitat protection zones
pt 6, divs 3–9 (cll 6.8–6.41) (previously sch 1, Part 5, Divs 3–9 (cll 8–41)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
6.8 Description of habitat protection zones
The habitat protection zones of the marine park are comprised of the following areas:Coastal habitat protection zone (map 1)An area bounded as follows:(a) commencing at the southern end of One Mile Beach at the intersection of the coastal mean high water mark and the segment of the marine park boundary that follows latitude 32°11.793′S,(b) then due east, along the northern boundary of the marine park, to the intersection of the northern boundary with the eastern boundary of the marine park,(c) then generally south along the eastern boundary of the marine park to the point on the marine park boundary nearest to 32°15.830′S, 152°36.574′E,(d) then generally north-west to the point on the 40 metre depth contour line, as shown on Chart AUS 362, nearest to 32°14.772′S, 152°34.300′E,(e) then generally south-west, along the 40 metre depth contour line, as shown on Chart AUS 362, to, due south of the northern end of Stockton Beach, the intersection of the contour line with the boundary of the marine park,(f) then due north, along the segment of the marine park boundary that follows longitude 152°04.417′E, to the northern end of Stockton Beach at the intersection of that segment of the boundary with the coastal mean high water mark,(g) then generally east and north-east along the coastal mean high water mark to the point on the mean high water mark of Tomaree Head nearest to 32°42.669′S, 152°11.151′E,(h) then generally north-east to the point on the mean high water mark of Yacaaba Head nearest to 32°41.995′S, 152°11.435′E,as shown on map 1, but not including any sanctuary zone or special purpose zone of the marine park as described in Division 2 or 4 and not including the Smiths Lake, Sawtooth, Edith Breakers, Fiona Beach, Broughton Island, Open Ocean or Cabbage Tree Island habitat protection zone as described in this Division.(i) then generally north-east along the coastal mean high water mark to the point of commencement,Tarbuck Bay habitat protection zoneAn area bounded as follows:(a) commencing at the western entrance to Tarbuck Bay at the point on the mean high water mark nearest to 32°22.399′S, 152°28.508′E,(b) then generally north, east and south, along the mean high water mark of Tarbuck Bay, to the point on the mean high water mark nearest to 32°22.414′S, 152°29.027′E,(c) then due west to Little Island at the point on the mean high water mark nearest to 32°22.414′S, 152°28.942′E,(d) then generally west, along the mean high water mark, to the point on the mean high water mark nearest to 32°22.399′S, 152°28.813′E,(e) then due west to the point of commencement.Smiths Lake habitat protection zoneAn area bounded as follows:(a) commencing on the southern shore of Smiths Lake at the point on the mean high water mark nearest to 32°23.755′S, 152°30.338′E,(b) then generally north to the northern shore of Smiths Lake at the point on the mean high water mark nearest to 32°23.407′S, 152°30.370′E,(c) then generally north, east, south and west, along the mean high water mark of the closed lake, to the point of commencement.Sawtooth habitat protection zoneAn area bounded as follows:(a) commencing on Sugarloaf Point at the point on the mean high water mark nearest to 32°26.477′S, 152°32.381′E,(b) then due east, approximately 500 metres, to 32°26.477′S, 152°32.696′E,(c) then due south to 32°26.923′S, 152°32.696′E, approximately 200 metres generally south-east of Seagull Island,(d) then generally south-west to 32°27.117′S, 152°32.258′E,(e) then due north to Sugar Loaf Point (Lighthouse Beach) at the point on the mean high water nearest to 32°26.537′S, 152°32.258′E,(f) then generally east and north, along the mean high water mark, to the point of commencement.Edith Breakers habitat protection zoneAn area bounded as follows:(a) commencing at 32°27.566′S, 152°31.239′E, approximately 500 metres south of Treachery Head,(b) then due south to the point on the 40 metre depth contour line, as shown on Chart AUS 362, nearest to 32°29.255′S, 152°31.239′E,(c) then generally west along the contour line to the point on the line nearest to 32°29.549′S, 152°29.414′E,(d) then due north to 32°27.773′S, 152°29.414′E,(e) then generally east, along a line parallel to, but 500 metres seaward of, the coastal mean high water mark to the point of commencement.Fiona Beach habitat protection zoneAn area bounded as follows:(a) commencing on Fiona Beach at the point on the mean high water mark nearest to 32°27.739′S, 152°28.501′E,(b) then due south to the point on the mean low water mark nearest to 32°27.753′S, 152°28.501′E,(c) then generally south-west along the mean low water mark to the point on the mean low water mark nearest to 32°29.292′S, 152°24.563′E,(d) then generally north-west to the point on the mean high water mark nearest to 32°29.278′S, 152°24.552′E,(e) then generally north-east along the mean high water mark to the point of commencement.Nerong Creek habitat protection zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Nerong Creek and its creeks, bays and tributaries, upstream of the line between:(a) the point on the mean high water mark nearest to 32°31.300′S, 152°14.476′E on the eastern shoreline of the entrance of Nerong Creek, andbut not including the Nerong Harbour special purpose zone as described in Division 4.(b) the point on the mean high water mark nearest to 32°31.335′S, 152°14.413′E on the western shoreline of the entrance of Nerong Creek,Myall River at Bombah Broadwater habitat protection zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of the Myall River and its creeks, bays and tributaries, upstream of the line between:(a) the point on the mean high water mark nearest to 32°31.213′S, 152°14.835′E on the western shoreline of the Myall River, and(b) the point on the mean high water mark nearest to 32°31.236′S, 152°14.935′E on the eastern shoreline of the Myall River.Broughton Island habitat protection zoneAn area bounded as follows:(a) commencing on Broughton Island at 32°37.677′S, 152°19.151′E,(b) then generally north, along the mean high water mark, to the point on the mean high water mark nearest to 32°37.422′S, 152°19.067′E,(c) then generally north-east across Esmeralda Cove to the north-eastern shoreline of Esmeralda Cove at the point on the mean high water mark nearest to 32°37.313′S, 152°19.222′E,(d) then generally east and north, along the mean high water mark of Broughton Island, to the point on the mean high water mark nearest to 32°37.047′S, 152°19.718′E,(e) then generally south-east to Little Broughton Island at the point on the mean high water mark nearest to 32°37.138′S, 152°19.846′E,(f) then generally south-east, along the mean high water mark of the western side of Little Broughton Island, to the point on the mean high water mark nearest to 32°37.490′S, 152°20.131′E,(g) then generally south-east to 32°37.525′S, 152°20.151′E, off Little Broughton Island,(h) then generally west to the point of commencement.Open Ocean habitat protection zoneAn area bounded as follows:(a) commencing at 32°36.568′S, 152°20.962′E,(b) then generally east to the point on the eastern boundary of the marine park boundary nearest to 32°36.770′S, 152°23.724′E,(c) then generally south along the eastern boundary of the marine park to the point on the boundary nearest to 32°39.945′S, 152°22.251′E,(d) then generally north-west to 32°38.500′S, 152°19.896′E,(e) then generally east to 32°38.148′S, 152°20.614′E,(f) then generally north-east to 32°37.800′S, 152°20.917′E,(g) then generally north to 32°37.502′S, 152°20.962′E,(h) then due north to the point of commencement.Cabbage Tree Island habitat protection zoneAn area bounded as follows:(a) commencing on the northern end of Cabbage Tree Island at the point on the mean high water mark nearest to 32°41.036′S, 152°13.404′E,(b) then generally south, along the mean high water mark of the western side of Cabbage Tree Island, to the southern end of Cabbage Tree Island at the point on the mean high water mark nearest to 32°41.543′S, 152°13.455′E,(c) then due west approximately 1,000 metres to 32°41.543′S, 152°12.814′E,(d) then due north to 32°40.761′S, 152°12.814′E,(e) then due east to 32°40.761′S, 152°13.404′E,(f) then due south to the point of commencement.Little Beach habitat protection zone (map 29)An area bounded as follows:(a) commencing on Little Beach, adjacent to the disabled access jetty, at the point on the mean high water mark nearest to 32°42.816′S, 152°09.443′E (point 29a),(b) then due north approximately 15 metres to the marine pile (point 29b), adjacent to the northern end of the disabled access jetty, at or about 32°42.808′S, 152°09.443′E,(c) then generally north-east to the marine pile (point 29c) at or about 32°42.790′S, 152°09.449′E,(d) then generally north-east to 32°42.675′S, 152°09.491′E (point 29d),(e) then due east to Little Beach at the point (point 29e) on the mean high water mark nearest to 32°42.675′S, 152°09.526′E,as shown on map 29.(f) then generally south-west, along the mean high water mark of Little Beach, to the point of commencement,Dutchmans Beach habitat protection zoneAn area bounded as follows:(a) commencing on the western side of Fly Point at the point on the mean high water mark nearest to 32°42.892′S, 152°09.052′E,(b) then generally south-west and west, along the mean high water mark, to, adjacent to the western side of Redpatch Point, the point on the mean high water mark nearest to 32°43.207′S, 152°07.786′E,(c) then generally north to starboard navigation marker No 015 at or about 32°42.273′S, 152°07.556′E,(d) then generally south-east to starboard navigation marker No 014 at or about 32°42.377′S, 152°07.963′E,(e) then generally south-east to starboard navigation marker No 008 at or about 32°42.516′S, 152°08.351′E,(f) then generally south-east to starboard navigation marker No 007 at or about 32°42.652′S, 152°08.719′E,but not including the Nelson Bay Marina special purpose zone as described in Division 4.(g) then generally south-east to the point of commencement,Tilligerry Creek habitat protection zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Tilligerry Creek and its creeks, bays and tributaries upstream of the line between:(a) the point on the mean high water mark nearest to 32°44.600′S, 152°03.133′E on the northern end of Fenninghams Island, and(b) the point on the mean high water mark nearest to 32°34.305′S, 152°02.455′E on the southern entrance to Lemon Tree Passage.Evens Point habitat protection zoneAn area bounded as follows:(a) commencing on the shore of Swan Bay south of Carcair Point at the point on the mean high water mark nearest to 32°41.887′S, 151°58.706′E,(b) then to the point 100m due east of the point described in paragraph (a),(c) then generally south parallel to the shoreline 100 metres seaward of the mean high water to the point 100 metres due east of the point on the mean high water mark nearest to 32°42.356′S, 151°58.681′E on Evens Point,(d) then due west to the point on the mean high water mark nearest to 32°42.356′S, 151°58.681′E on Evens Point,(e) then generally north following the mean high water mark to the point of commencement.Karuah River habitat protection zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of the Karuah River and its creeks, bays and tributaries upstream of the line between:(a) the point on the mean high water mark nearest to 32°37.323′S, 151°57.485′E on the western bank, andbut not including the Karuah River or Little Branch Creek sanctuary zone as described in Division 2.(b) the point on the mean high water mark nearest to 32°37.274′S, 151°57.723′E on the eastern bank,Soldiers Point habitat protection zoneAn area bounded as follows:(a) commencing at the eastern entrance to Fame Cove at the point on the mean high water mark nearest to 32°41.156′S, 152°03.508′E,(b) then generally east, along the mean high water mark, to the western end of Piggys Beach at the point on the mean high water mark nearest to 32°41.348′S, 152°04.327′E,(c) then due south to Kangaroo Point at the point on the mean high water mark nearest to 32°42.423′S, 152°04.327′E,(d) then generally west and north, along the mean high water mark of Soldiers Point, to the point on the mean high water mark nearest to 32°41.913′S, 152°03.800′E,(e) then due west to 32°41.913′S, 152°03.508′E,(f) then due north to the point of commencement.Tea Gardens habitat protection zoneAn area bounded as follows:(a) commencing on the western shoreline of the Myall River at the point on the mean high water mark nearest to 32°39.521′S, 152°09.561′E,(b) then generally south-east to the eastern shoreline of the Myall River at the point on the mean high water mark nearest to 32°39.624′S, 152°09.889′E,(c) then generally south-west and south-east along the mean high water mark to the point on the mean high water mark nearest to 32°40.073′S, 152°10.126′E,(d) then generally south-west to 32°40.146′S, 152°10.003′E,(e) then generally north-west, along a line parallel to, but 40 metres east of, the mean high water mark of the western bank of the Myall River to the point on that line nearest to 32°39.616′S, 152°09.473′E,(f) then due west to the point on the mean high water mark of the western bank of the Myall River nearest to 32°39.616′S, 152°09.473′E,(g) then generally north, along the mean high water mark, to the point of commencement.Myall River Camp habitat protection zoneAn area bounded as follows:(a) commencing at the point on the mean high water mark nearest to 32°38.105′S, 152°10.753′E,(b) then due east to the eastern shoreline of the Myall River at the point on the mean high water mark nearest to 32°38.105′S, 152°10.850′E,(c) then generally south, along the mean high water mark of the eastern shoreline of the Myall River, to the point on the mean high water mark nearest to 32°38.425′S, 152°10.495′E,(d) then due north to the point on the mean high water mark nearest to 32°38.385′S, 152°10.495′E,(e) then generally east and north-east along the mean high water mark to the point of commencement.
6.9 Taking of certain plants permitted in habitat protection zones
(1) Despite clause 1.16 of this Regulation, a person may take a plant of a species listed in table A, by the method of hand picking (whether or not while wearing a glove), for recreational purposes, in a habitat protection zone of the marine park.(2) Despite clause 1.16 of this Regulation, a person may take marine seaweed (in quantities not exceeding 20 litres per person per day), for recreational purposes, from above the mean low water mark on a beach in a habitat protection zone of the marine park.Note—Clause 1.16 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.(3) Despite subclauses (1) and (2), a person must not, while in the Little Beach or the Fiona Beach habitat protection zone, take or attempt to take any plant.
6.10 Habitat protection zone permitted fishing activities
Note—Clause 1.17 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 1.17).(1) Clause 1.17 (1) of this Regulation (relating to permitted fishing activities) applies to a 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 this clause.(2) Subject to clause 6.11 of this Part, the following fishing activities are permitted in a habitat protection zone of the marine park:(a) Netting—generalThe 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.(b) Submersible lift net (bait) and purse seine netThe taking of any fish of a kind that may lawfully be taken in the habitat protection zone by use of a submersible lift net (bait) or a purse seine net, if the use of the net to take that fish is lawful under the Fisheries Management Act 1994, but only in the following locations within a habitat protection zone of the marine park:(i) that part of the Coastal habitat protection zone that is within 1 kilometre of the mean high water mark around Broughton Island,(ii) the Cabbage Tree Island habitat protection zone,(iii) within 1 kilometre of the mean high water mark of Elizabeth Beach,(iv) coastal waters, lying between 32°42.669′S and 32°43.121′S (near Tomaree Head) that are not more than 500 metres seaward of the coastal mean high water mark,(v) within 2 kilometres of 32°44.900′S, 152°12.066′E (Point Stephens).(c) Prawn net (set pocket)The taking of any fish of a kind that may lawfully be taken in the habitat protection zone by use of a prawn net (set pocket), if the use of the net to take that fish is lawful under the Fisheries Management Act 1994, but only in the following habitat protection zones:(i) the Smiths Lake habitat protection zone,(ii) the Myall River Camp habitat protection zone.(d) Haul nettingThe taking of any fish of a kind that may lawfully be taken in the habitat protection zone by use of a hauling net (general purpose) or a pilchard, anchovy and bait net (hauling), if the use of the net to take that fish is lawful under the Fisheries Management Act 1994, but only from the following beaches:(i) Boat Harbour Beach,(ii) One Mile Beach,(iii) Samurai Beach,(iv) Fingal Beach,(v) Fingal Spit,(vi) Bennetts Beach,(vii) Mungo Beach,(viii) Boat Beach,(ix) Number One Beach,(x) Shelly Beach,(xi) Elizabeth Beach,(xii) Seven Mile Beach,(xiii) Lighthouse Beach.(e) Garfish netThe taking of any fish of a kind that may lawfully be taken in the habitat protection zone by use of a garfish net (hauling), if the use of the net to take that fish is lawful under the Fisheries Management Act 1994, but only in habitat protection zone waters that are not estuarine waters.(f) Fish and lobster trappingThe taking of any fish of a kind that may lawfully be taken in the habitat protection zone by use of a fish trap or lobster trap, if the use of the trap to take that fish is lawful under the Fisheries Management Act 1994.(g) Eel and crab trappingThe taking of any fish of a kind that may lawfully be taken in the habitat protection zone by use of an eel trap or crab trap, if the use of the trap to take that fish is lawful under the Fisheries Management Act 1994.(h) CollectingThe taking of any fish of a kind that may lawfully be taken in the habitat protection zone by hand picking (within the meaning of the Estuary General Share Management Plan, as set out in the Fisheries Management (Estuary General Share Management Plan) Regulation 2006), if the use of that method to take that fish is lawful under the Fisheries Management Act 1994.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. Part 3 of the Fisheries Management (General) Regulation 2002 also sets out requirements in relation to the lawful use of fishing gear such as traps and nets.
6.11 Prohibited activities relating to fishing
Note—1Clause 1.17 (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 1.17 (3) of this Regulation provides that a person does not commit an offence under clause 1.17 for anything done with the consent of the relevant Ministers.(1) A person must not, while in a habitat protection zone of the marine park, take or attempt to take any fish of a species not listed in table B.(2) A person must not, while in the Cabbage Tree Island habitat protection zone, take or attempt to take any fish of a species not listed in table C.(3) A person must not, while in the Edith Breakers habitat protection zone, take or attempt to take fish other than by way of artificial lure, artificial fly, fish trap, lobster trap, hand picking or spear gun.(4) A person must not, while in the Sawtooth or Broughton Island habitat protection zone, take or attempt to take fish other than by way of artificial lure, artificial fly, fish trap, lobster trap, hand picking or spear gun.(5) A person must not, while in the Sawtooth or Broughton Island habitat protection zone, take or attempt to take fish if the person is using a vessel in connection with the taking, or the attempt to take, fish and the vessel is anchored or moored in the Sawtooth or Broughton Island habitat protection zone.(6) A person must not, while in the Fiona Beach habitat protection zone, take or attempt to take any fish other than by way of hand picking for commercial purposes.(7) A person must not, while in the Dutchmans Beach habitat protection zone, take or attempt to take any invertebrate fish by hand picking.(8) A person must not, while in the Little Beach habitat protection zone:(a) take or attempt to take any invertebrate fish by hand picking, or(b) take or attempt to take fish other than by use of a hook and hand held line used while the person is on either of the 2 public jetties on Little Beach or on tidal lands between the jetties, or(c) berley the waters of the zone.(9) A person must not, while in the Open Ocean habitat protection zone, take or attempt to take fish unless the person does so by trolling while engaged in recreational fishing.(10) A person must not, while in the Open Ocean habitat protection zone, take or attempt to take fish by any method between 1 May and 30 November (inclusive) in any year.(11) In this clause:hand picking has the same meaning as it has in the Estuary General Share Management Plan, as set out in the Fisheries Management (Estuary General Share Management Plan) Regulation 2006.trolling means the method of taking fish by trailing a hand held line behind an underway vessel.
6.12 Cabbage Tree Island habitat protection zone fish possession prohibition
Note—Clause 1.25 (1A) of this Regulation makes it an offence to be in possession of an animal in a part of the marine park in which the possession of the animal is prohibited. This clause imposes such a prohibition.(1) A person must not, while in the Cabbage Tree Island habitat protection zone, be in possession of any fish of a species not listed in table C unless the person is engaged in commercial fishing.(2) It is a defence to a prosecution for an offence in respect of a contravention of subclause (1) if the person charged satisfies the court that the person brought the fish into the zone as packaged bait.
6.13 Aquaculture
Intensive cultivation of fish or marine vegetation and fish ranching, within the meaning of clause 30 of the Fisheries Management (Aquaculture) Regulation 2007, are not permissible in the estuarine waters of a habitat protection zone of the marine park.
6.14 Oyster depuration
Despite clause 1.16 of this Regulation, a person may carry out oyster depuration (other than the operation of a depuration tank) in a habitat protection zone of the marine park if the oyster depuration is carried out in accordance with the Food Act 2003.
6.15 Use of lights in Cabbage Tree Island habitat protection zone
(1) A person must not, within the Cabbage Tree Island habitat protection zone, use a light or lights for longer than 5 minutes in any 60 minute period between sunset and sunrise.(2) The use of the following lights does not contravene subclause (1):(a) a light required to be used under the Navigation Act 1901 or the Marine Safety Act 1998,(b) a permitted light.(3) For the purposes of this clause, a permitted light is a light that is situated no higher than 5 metres above sea-level and shrouded or otherwise designed so that the beam of light it projects is:(a) projected downwards, and(b) no greater than 20 metres wide at its widest point.
Division 4 Special purpose zones
pt 6, divs 3–9 (cll 6.8–6.41) (previously sch 1, Part 5, Divs 3–9 (cll 8–41)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
6.16 Area descriptions
The special purpose zones of the marine park are comprised of the zones and groups of zones set out in this Division.Group 1 (Aquaculture)Class 1 lease special purpose zoneAn area comprised of the following areas:(a) the leased area of any class 1 lease, within the meaning of the Fisheries Management (Aquaculture) Regulation 2007, in force immediately before the commencement of this Part that is bounded by a sanctuary zone of the marine park,(b) any priority oyster aquaculture area, within the meaning of the NSW Oyster Industry Sustainable Aquaculture Strategy as adopted by State Environmental Planning Policy No 62—Sustainable Aquaculture, that is bounded by a sanctuary zone of the marine park.Class 3 lease special purpose zoneAn area comprised of the leased area of any class 3 lease, within the meaning of the Fisheries Management (Aquaculture) Regulation 2007, in force immediately before the commencement of this Part.Group 2 (Fish feeding)Fly Point Cove special purpose zoneAn area bounded as follows:(a) commencing in the vicinity of Fly Point at the point on the mean high water mark nearest to 32°42.839′S, 152°09.184′E,(b) then generally south-west along the mean high water mark to the point on the mean high water mark nearest to 32°42.864′S, 152°09.088′E,(c) then generally north-east to the point of commencement.Group 3 (Vessel related facilities)Little Beach special purpose zoneAn area bounded as follows:(a) commencing on the coast of Little Beach adjacent to the Little Beach disabled access jetty at the point on the mean high water mark nearest to 32°42.822′S, 152°09.418′E,(b) then generally west along the mean high water mark to, adjacent to the western side of the Little Beach Marina, the point on the mean high water mark nearest to 32°42.818′S, 152°09.382′E,(c) then due north to 32°42.791′S, 152°09.382′E,(d) then due east to 32°42.791′S, 152°09.418′E,(e) then due south to the point of commencement.Nelson Bay Marina special purpose zoneAn area bounded as follows:(a) commencing immediately outside the eastern wall of the D’Albora marina at the point on the mean high water mark nearest to 32°43.077′S, 152°08.923′E,(b) then generally west, along the mean high water mark, to, immediately outside the western wall of the marina, the point on the mean high water mark nearest to 32°43.083′S, 152°08.460′E,(c) then due north to 32°43.013′S, 152°08.460′E,(d) then due east to 32°43.013′S, 152°08.923′E,(e) then due south to the point of commencement.Anchorage Marina special purpose zoneAn area bounded as follows:(a) commencing immediately outside the eastern wall of Anchorage Marina Port Stephens at the point on the mean high water mark nearest to 32°43.074′S, 152°06.387′E,(b) then generally west along the mean high water mark to, immediately outside the western wall of the marina, the point on the mean high water mark nearest to 32°43.041′S, 152°06.182′E,(c) then due north to 32°42.964′S, 152°06.182′E,(d) then due east to 32°42.964′S, 152°06.387′E,(e) then due south to the point of commencement.Soldiers Point special purpose zoneAn area bounded as follows:(a) commencing on Soldiers Point at the point on the mean high water mark nearest to 32°41.913′S, 152°03.800′E,(b) then generally south-west and south along the mean high water mark to immediately south of ‘The Moorings’ jetty at the point on the mean high water mark nearest to 32°42.330′S, 152°03.774′E,(c) then due west to 32°42.330′S, 152°03.506′E,(d) then generally north-east to 32°42.125′S, 152°03.577′E,(e) then generally north-west to 32°41.913′S, 152°03.508′E,(f) then due east to the point of commencement.Lemon Tree Passage special purpose zoneAn area bounded as follows:(a) commencing at the point on the mean high water mark nearest to 32°43.701′S, 152°02.378′E,(b) then due east to 32°43.701′S, 152°02.564′E,(c) then generally south along the western edge of the mangrove trees of Bulls Island to 32°44.120′S, 152°02.640′E,(d) then due west to the point on the mean high water mark nearest to 32°44.120′S, 152°02.513′E,(e) then generally north along the mean high water mark to the point of commencement.Oyster Cove special purpose zoneAn area bounded as follows:(a) commencing at the point on the mean high water mark nearest to 32°44.004′S, 151°57.147′E,(b) then generally south-west, along the mean high water mark, to the point on the mean high water mark nearest to 32°44.298′S, 151°56.847′E,(c) then generally north-west to 32°44.218′S, 151°56.790′E,(d) then generally north-east to the starboard navigation marker at or about 32°44.169′S, 151°56.889′E,(e) then generally north-east to the starboard navigation marker at or about 32°44.116′S, 151°56.970′E,(f) then generally north-east to the starboard navigation marker at or about 32°43.963′S, 151°57.110′E,(g) then generally south-east to the point of commencement.Group 4 (Commercial and residential precincts)Tea Gardens special purpose zoneAn area bounded as follows:(a) commencing on the western bank of the Myall River at the point on the mean high water mark nearest to 32°39.616′S, 152°09.473′E,(b) then due east to the point 40 metres due east of the point of commencement,(c) then generally south-east, along a line parallel to, but 40 metres east of, the mean high water mark of the western bank of the Myall River to the point on that line nearest to 32°40.146′S, 152°10.003′E,(d) then generally north-east to the eastern bank of the Myall River at the point on the mean high water mark nearest to 32°40.073′S, 152°10.126′E,(e) then generally south-east along the mean high water mark of the eastern bank of the Myall River to the point on the mean high water mark nearest to 32°40.116′S, 152°10.166′E,(f) then generally south-west to the western bank of the Myall River at the point on the mean high water mark nearest to 32°40.216′S, 152°09.995′E,(g) then generally north, north-east and north-west along the mean high water mark of the western bank of the Myall River to the point of commencement.Nerong Harbour special purpose zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Nerong Harbour and its creeks, bays and tributaries upstream of the line between:(a) the point on the mean high water mark nearest to 32°30.566′S, 152°12.976′E on the eastern bank, and(b) the point on the mean high water mark nearest to 32°30.583′S, 152°12.921′E on the western bank.Group 5 (Fisheries and aquaculture research)Port Stephens Fisheries Centre special purpose zoneAn area bounded as follows:(a) commencing at the point on the mean high water mark nearest to 32°44.816′S, 152°03.329′E,(b) then to the point 50 metres due west of the point of commencement,(c) then generally north, east and south, along a line parallel to, but 50 metres seaward of, the coastal mean high water mark to 32°44.676′S, 152°03.559′E,(d) then generally east to the point on the mean high water nearest to 32°44.683′S, 152°03.628′E,(e) then generally south-east, south, north-west and south along the mean high water mark to the point of commencement.Group 6 (Education)Smiths Lake special purpose zoneAn area bounded as follows:(a) commencing on Horse Point at the point on the mean high water mark nearest to 32°23.643′S, 152°28.750′E,(b) then generally south and south-west, along the mean high water mark, to the point on the mean high water mark nearest to 32°23.975′S, 152°28.453′E,(c) then generally north-east to the point of commencement.
6.17 Special purpose zones—objects
(1) The object of the special purpose zones that comprise group 1, as referred to in clause 6.16, is to provide for the management of the kinds of aquaculture in respect of which a class 1, 2, or 3 lease may be granted under the Fisheries Management (Aquaculture) Regulation 2007.(2) The object of the special purpose zone that comprises group 2, as referred to in clause 6.16, is to provide for fish feeding.(3) The object of the special purpose zones that comprise group 3, as referred to in clause 6.16, is to provide for marinas and other maritime facilities and for the management of the kinds of aquaculture in respect of which a class 1 or 2 lease may be granted under the Fisheries Management (Aquaculture) Regulation 2007.(4) The object of the special purpose zone that comprises group 4, as referred to in clause 6.16, is to provide for commercial and residential facilities of the type and scale provided, in the relevant zone, immediately before the commencement of this Part.(5) The object of the special purpose zone that comprises group 5, as referred to in clause 6.16, is to provide for fisheries and aquaculture research.(6) The object of the special purpose zone that comprises group 6, as referred to in clause 6.16, is to provide for educational activities.
6.18 Oyster depuration
Despite clause 1.22 of this Regulation, a person may carry out oyster depuration (other than the operation of a depuration tank) in a special purpose zone of the marine park if the oyster depuration is carried out in accordance with the Food Act 2003.
6.19 Special purpose zones—plants
Despite clause 1.22 of this Regulation, a person may take a plant by a particular method while in a special purpose zone of the marine park if the person is permitted under this Part to take that species of plant by that method in a zone that adjoins the special purpose zone concerned.Note—Clause 1.22 of this Regulation makes it an offence to harm a plant or damage, take or interfere with any part of the habitat in a special purpose zone except with the consent of the relevant Ministers.
6.20 Special purpose zones—fishing
For the purposes of clause 1.23 of this Regulation, a person must not take or attempt to take fish in a special purpose zone unless the taking of that species of fish by the method used is permitted in a zone that adjoins the special purpose zone concerned.Note—Clause 1.23 of this Regulation creates an offence of taking or attempting to take fish in a special purpose zone in contravention of the zoning plan for a marine park. However, a person may obtain the consent of the relevant Ministers to take or attempt to take fish.
6.21 Intensive aquaculture and fish ranching not permissible in estuarine waters in special purpose zones
Despite clause 1.24 of this Regulation, intensive cultivation of fish or marine vegetation and fish ranching, within the meaning of clause 30 of the Fisheries Management (Aquaculture) Regulation 2007, are not permissible in the estuarine waters of a special purpose zone of the marine park.
Division 5 General use zone
pt 6, divs 3–9 (cll 6.8–6.41) (previously sch 1, Part 5, Divs 3–9 (cll 8–41)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
6.22 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 a sanctuary zone, a habitat protection zone or a special purpose zone.
6.23 Oyster depuration
Despite clause 1.19 of this Regulation, a person may carry out oyster depuration (other than the operation of a depuration tank) in a general use zone of the marine park if the oyster depuration is carried out in accordance with the Food Act 2003.
6.24 Taking of certain plants permitted in general use zone
(1) Despite clause 1.19 of this Regulation, a person may take a plant of a species listed in table A, by the method of hand picking (whether or not while wearing a glove), for recreational purposes, in the general use zone of the marine park.(2) Despite clause 1.19 of this Regulation, a person may take marine seaweed (in quantities not exceeding 20 litres per person per day), for recreational purposes, from above the mean low water mark on a beach in the general use zone of the marine park.Note—Clause 1.19 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.
6.25 Fishing permitted in general use zone
(1) A person must not take or attempt to take fish in the general use zone of the marine park unless 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 Regulation. Accordingly, this clause is not to be construed as authorising any fishing activity that would contravene another provision of this Regulation.Note—Division 6 of this Part sets out some general restrictions on fishing in the marine park. Those provisions apply to the general use zone.
6.26 Seasonal closure to netting in Bombah Broadwater
A person must not take or attempt to take fish, in the course of commercial fishing, by way of any net between 1 May and 31 August (inclusive) in any year in the area within the general use zone bounded as follows:(a) commencing on the western shoreline of the entrance of Nerong Creek at the point on the mean high water mark nearest to 32°31.335′S, 152°14.413′E,(b) then generally east to the eastern shoreline of the entrance of Nerong Creek at the point on the mean high water mark nearest to 32°31.300′S, 152°14.476′E,(c) then generally north-east, along the mean high water mark, to the western shoreline of the Myall River at the point on the mean high water mark nearest to 32°31.213′S, 152°14.835′E,(d) then generally east to the eastern shoreline of the Myall River at the point on the mean high water mark nearest to 32°31.236′S, 152°14.935′E,(e) then generally south-east, along the mean high water mark, to the southern end of Bulahdelah Point at the point on the mean high water mark nearest to 32°31.473′S, 152°15.207′E,(f) then generally south-east to starboard navigation marker No 457 at or about 32°31.735′S, 152°15.350′E,(g) then generally west to the point on the mean high water mark nearest to 32°31.744′S, 152°15.403′E,(h) then generally north along the mean high water mark of Bombah Broadwater to the point of commencement.
6.27 Trawling prohibited in estuarine waters in general use zone
A person must not take or attempt to take fish in estuarine waters within the general use zone of the marine park by way of trawling.
6.28 Intensive aquaculture and fish ranching not permissible in estuarine waters in general use zone
Despite clause 1.21 of this Regulation, intensive cultivation of fish or marine vegetation and fish ranching, within the meaning of clause 30 of the Fisheries Management (Aquaculture) Regulation 2007, are not permissible in estuarine waters within the general use zone of the marine park.
Division 6 General permissions and prohibitions
pt 6, divs 3–9 (cll 6.8–6.41) (previously sch 1, Part 5, Divs 3–9 (cll 8–41)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
6.29 Permits not required for 12 months after commencement of zoning plan
A person does not commit an offence against clause 1.32 of this Regulation if the person carries out an activity described in clause 1.32 (1) (a) or (b) of this Regulation in the marine park without the consent of the relevant Ministers within 12 months after the commencement of this Part.Note—Clause 1.32 (1) of this Regulation makes it an offence to sell or hire any thing or service or conduct any activity for money in a marine park, except with the consent of the relevant Ministers. Clause 1.32 (2) excludes commercial fishing from the prohibition.
6.30 Taking fish or plants for aquarium collection prohibited
(1) A person must not, while in any part of the marine park, take or attempt to take any fish or plant for aquarium collection purposes.(2) A person does not commit an offence in respect of a contravention of subclause (1) if the activity was carried out with the consent of the relevant Ministers.
6.31 Shell collection for recreational purposes
(1) Despite any other provision of this Regulation, a person may collect shells (in quantities not exceeding 5 shells per species per person per day or as otherwise permitted under the Fisheries Management Act 1994) for recreational purposes while in the following zones:(a) a habitat protection zone (other than the Cabbage Tree Island habitat protection zone),(b) the general use zone,(c) a special purpose zone that adjoins a habitat protection zone or the general use zone.(2) This clause does not permit the taking of shells by hand picking (within the meaning of clause 6.11 of this Part) in the Dutchmans Beach or Little Beach habitat protection zones.
6.32 Set lining and droplining
A person must not, while in any part of the marine park, take or attempt to take fish by use of a set line or dropline.
6.33 Cultivation of Pacific oysters
The cultivation of Pacific oysters (Crassostrea gigas) that is carried out:(a) in waters of the marine park in which such aquaculture is permitted by this Regulation, andand any activity reasonably incidental to such cultivation is not a contravention of clause 1.28 of this Regulation.(b) in accordance with an aquaculture permit or other authority issued under the Fisheries Management Act 1994,
6.34 Identification of protected species
For the purposes of clause 1.30 of this Regulation, any species of fish:(a) not listed in table B, oris identified as a protected species for the purposes of the marine park.(b) the taking or harming of which is prohibited under section 19 or 220ZA of the Fisheries Management Act 1994,Note—Clause 1.30 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.
6.35 Prohibition on domesticated animals
Despite clause 1.29 (1) of this Regulation, a person may bring a domesticated animal into the following parts of the marine park:(a) tidal lands of the marine park that are not directly seaward from lands reserved under the National Parks and Wildlife Act 1974,(b) waters of the marine park that are not part of lands reserved under the National Parks and Wildlife Act 1974.
Division 7 Use, mooring and anchoring of vessels and vehicles
Note—
Clause 1.35 of this Regulation makes it an offence to use, anchor or moor any vessel or motorised vehicle in a marine park in contravention of the zoning plan for the marine park.
pt 6, divs 3–9 (cll 6.8–6.41) (previously sch 1, Part 5, Divs 3–9 (cll 8–41)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
6.36 Anchoring within a sanctuary zone
(1) Despite clause 1.14 (1) of this Regulation, a person may anchor a vessel within a sanctuary zone of the marine park.(2) A person who is anchoring, or has anchored, a vessel within a sanctuary zone must not cause or allow the anchor or any other part of the vessel or its gear to come into contact with a seagrass bed.(3) It is a defence to a prosecution for an offence in respect of a contravention of subclause (2) if the person charged satisfies the court that the person took all reasonable steps to satisfy himself or herself that no part of the vessel or its gear would come into contact with a seagrass bed.
6.37 Hovercraft and airboats
(1) A person must not, except with the consent of the relevant Ministers, use a hovercraft or airboat in any part of the marine park.(2) Subclause (1) does not apply to:(a) an officer or employee of a regulatory authority using the hovercraft or airboat in the course of the regulatory authority’s business, or(b) a person carrying out an activity referred to in clause 1.34 (1) (a), (b), (c) or (d) of this Regulation with the consent of the relevant Ministers.
6.38 Sea-planes
(1) A person must not, except with the consent of the relevant Ministers, use a sea-plane in any part of the marine park.(2) Subclause (1) does not apply to:(a) a sea-plane that is airborne, or(b) an officer or employee of a regulatory authority using the sea-plane in the course of the regulatory authority’s business, or(c) a person carrying out an activity referred to in clause 1.34 (1) (a), (b), (c) or (d) of this Regulation with the consent of the relevant Ministers.
6.39 Motorised water-sport
(1) A person must not engage in motorised water-sport in a sanctuary zone of the marine park.(2) Subclause (1) does not apply to:(a) a person engaging in motorised water-sport in the Smiths Lake sanctuary zone or the Boolambayte Lake sanctuary zone, or(b) a person engaging in motorised water-sport with the consent of the relevant Ministers in that part of the Fly Point—Corrie Island sanctuary zone that is south of the speed restricted area, within the meaning of clause 6.6 of this Part, or(c) an officer or employee of a regulatory authority engaging in motorised water-sport in the course of the regulatory authority’s business, or(d) a person carrying out an activity referred to in clause 1.34 (1) (a), (b), (c) or (d) of this Regulation with the consent of the relevant Ministers.(3) In this clause:aquaplaner means a person who is being conveyed on, in or above waters by maintaining himself or herself on flotation or aerial equipment, whether or not such person or equipment is at the time in contact with or directly over the waters.irregular driving means driving a motorised vessel otherwise than generally in a straight line, and includes:(a) driving in a circle or other pattern, and(b) weaving or diverting, andbut does not include making any necessary turn or diversion.(c) surfing down, or jumping over or across, any swell, wave or wash,motorised water-sport means the following:(a) irregular driving,(b) towing a water skier or aquaplaner with a motorised vessel.water skier means a person who is engaged in maintaining himself in motion on, in, or above waters whether or not such person makes use of any flotation or aerial equipment and whether or not such person or equipment is at the relevant time in contact with or directly over the waters.
6.40 Personal watercraft prohibited in certain waters
(1) A person must not use a personal watercraft on the waters of the Dutchmans Beach habitat protection zone that are within 200 metres of the mean high water mark.(2) Subclause (1) does not apply to:(a) a person using personal watercraft within the Nelson Bay Marina special purpose zone, or(b) an officer or employee of a regulatory authority using a personal watercraft in the course of the regulatory authority’s business.
6.41 Areas in which use of vehicles prohibited
(1) A person must not use a motorised vehicle in the marine park, except for the purpose of launching and retrieving vessels from a designated boat-launching facility.(2) This clause does not apply to or in respect of the following:(a) an authorised vehicle, a police vehicle or an emergency vehicle,(b) a commercial fisher (within the meaning of the Fisheries Management Act 1994) lawfully using a vehicle on a beach in connection with his or her fishing activities,(c) a person who has been issued with a permit by the Port Stephens Council or the Great Lakes Council authorising the use of a motorised vehicle and who is using the vehicle in accordance with that permit,(d) a person using a vehicle on a road, track, trail or area designated for vehicular use by the public in a nature reserve or national park dedicated or reserved under the National Parks and Wildlife Act 1974.(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) a regulatory authority,(b) any other government department or public or local authority,(c) a surf life saving club.designated boat-launching facility means a facility in the marine park designated by the Authority or another relevant government department or public or local authority 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.
Division 8 Maps
Note—
Map 1 provides an overview of the zoning scheme for the Port Stephens–Great Lakes Marine Park. Maps 2–29 provide additional detail.
pt 6, divs 3–9 (cll 6.8–6.41) (previously sch 1, Part 5, Divs 3–9 (cll 8–41)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Map 1 Zoning plan overview
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Map 2 The Pinnacle
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Map 3 Smiths Lake
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Map 4 Celito South
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Map 5 Seal Rocks
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Map 6 Fiona Beach
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Map 7 Myall Lake
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Map 8 Boolambayte Lake
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Map 9 Bombah Broadwater
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Map 10 Broughton Island
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Map 11 Cabbage Tree Island
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Map 12 Zenith Beach
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Map 13 Fingal Island
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Map 14 Jimmys Beach
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Map 15 Corrie Island
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Map 16 Salamander Bay
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Map 17 Cromartys Bay
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Map 18 Wallis Creek and Fenninghams Island Creek
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Map 19 Mallabula
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Map 20 Twelve Mile Creek
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Map 21 Little Swan Bay
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Note—
This map does not show the Evens Point habitat description zone as described in Division 3.
Map 22 Karuah River
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Map 23 Little Branch Creek
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Map 24 Number One Cove
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Map 25 North Arm Cove
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Map 26 Pindimar
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Map 27 Fame Cove
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Map 28 Myall River
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Map 29 Little Beach
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Division 9 Tables
pt 6, divs 3–9 (cll 6.8–6.41) (previously sch 1, Part 5, Divs 3–9 (cll 8–41)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Table A—Habitat protection zone permissible plant species
Common name | Class/Family | Species |
Sea lettuce | Family Ulvaceae | Ulva lactuca |
Bait weed | Family Ulvaceae | Enteromorpha intestinalis |
Table B—Habitat protection zone permissible fish species
Common name | Class/Family | Species |
Finfish | Class Osteichthyes | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Shark, ray | Class Chondrichthyes | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Lobster, crayfish | Family Palinuridae | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Slipper lobster | Family Scyllaridae | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Prawn | Family Penaeidae | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Squid | Family Sepiidae | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Cuttlefish | Family Spirulidae, Sepiidae and Sepiadariidae | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Beach worm | Family Onuphidae | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Ghost shrimp, marine yabby (nipper) | Family Callianassidae | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Mud crab | Family Portunidae | Scylla serrata |
Blue swimmer crab | Family Portunidae | Portunus pelagicus |
Rock crab | Family Grapsidae | All species |
Oyster | Family Ostreidae | Saccostrea spp. and Crassostrea spp. |
Akoya pearl oyster | Family Pteriidae | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Pipi | Family Donacidae | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Cockle | Family Orcidae | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Clams | Family Veneridae | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Mussel | Family Mytilidae | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Scallop | Family Pectinidae | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Sea urchin | Family Strongylocentrotidae | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Cunjevoi | Family Pyuridae | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Turban shell | Family Turbinadae | Turbo spp. |
Abalone | Family Haliotidae | Haliotis rubra |
Periwinkle | Family Trochidae | Austrocochlea spp. |
Note—
Bag and size limits apply and are specified in the Fisheries Management Act 1994.
Table C—Fish that may be taken from Cabbage Tree Island habitat protection zone
Common name | Family | Species |
Yellowtail scad | Family Carangidae | Trachurus novaezelandiae |
Slimy mackerel | Family Scombridae | Scomber australasicus |
Garfish | Family Hemiramphidae | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Note—
Bag and size limits apply and are specified in the Fisheries Management Act 1994.
Part 7 Batemans Marine Park Zoning Plan
Note—
The GPS coordinates used in this Part to describe the boundaries of the zones of the Batemans Marine Park are given in degrees and decimal minutes using the Geocentric Datum of Australia 1994 (GDA 94).
pt 7 (previously sch 1, Part 6): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Division 1 Preliminary
pt 7, div 1 (cl 7.1) (previously sch 1, Part 6, Div 1 (cl 1)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
7.1 Definitions
(1) In this Part:Chart AUS 191 means the charts published under that title by the Australian Hydrographic Service on 20 August 2004.estuary includes the waters of any lake, river, creek, lagoon or like body of water that is periodically or intermittently closed to the sea.extensive aquaculture has the same meaning as it has in the Fisheries Management (Aquaculture) Regulation 2007.intensive aquaculture has the same meaning as it has in the Fisheries Management (Aquaculture) Regulation 2007.marine park means the Batemans Marine Park as described in Part 2 of the Proclamation made under sections 6 and 7 of the Act and published in Gazette No 49 on 7 April 2006 at page 2021.oyster depuration means the extraction of seawater from the waters of the marine park, the discharge of seawater into the waters of the marine park and the conveyance of seawater across tidal waters or tidal lands of the marine park by way of depuration lines.means each of the following:(a) the council of an area (within the meaning of the Local Government Act 1993) that adjoins the marine park,(b) the Department of Primary Industries,(c) the Department of Environment and Conservation,(d) the Department of Planning,(e) NSW Police,(f) the Maritime Authority of NSW,(g) the Department of Lands.spear gun includes a spear, bow and arrow or other similar device.table means a table set out in Division 10.tidal lands means any area of land that is covered from time to time by tidal waters, and that is above the lowest astronomical tide level.tidal waters means any area of waters of the sea or subject to tidal influence.(2) In this Part, a reference to a line, net, trap or other method that is also referred to in the Fisheries Management (General) Regulation 2002 is a reference to that line, net, trap or method within the meaning of that Regulation.
Division 2 Sanctuary zones
pt 7, div 2 (previously sch 1, Part 6, Div 2): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
7.2 Description of sanctuary zones
The sanctuary zones of the marine park are comprised of the following areas:Brush Island sanctuary zoneAn area bounded as follows:(a) commencing on the north-eastern extremity of Brush Island at the point on the mean high water mark nearest to 35°31.593′S, 150°25.055′E,(b) then due north to the intersection of longitude 150°25.055′E with the northern boundary of the marine park (at latitude 35°31.086′S),(c) then due east to the intersection of the northern boundary of the marine park and the eastern boundary of the marine park,(d) then generally south along the eastern boundary of the marine park to the intersection of the boundary with latitude 35°32.629′S (at or about longitude 150°28.866′E),(e) then due west for a distance of approximately 6.3 kilometres to 35°32.629′S, 150°24.687′E (a point due south of the western-most extremity of Brush Island),(f) then due north for a distance of approximately 1.4 kilometres to the western-most extremity of Brush Island at the point on the mean high water mark nearest to 35°31.833′S, 150°24.687′E,(g) then generally east and north along the mean high water mark of the south-eastern coast of Brush Island to the point of commencement.Murramarang sanctuary zoneAn area bounded as follows:(a) commencing at 35°34.698′S, 150°21.916′E (off the south-eastern tip of O’Hara Island),(b) then due east to the intersection of latitude 35°34.698′S with the eastern boundary of the marine park,(c) then generally south-west along the eastern boundary of the marine park to the intersection of latitude 35°36.543′S and the eastern boundary of the marine park,(d) then due west to 35°36.543′S, 150°20.626′E,(e) then generally north-east to the point of commencement.Upper Durras Lake sanctuary zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Durras Lake and its creeks, bays and tributaries upstream of the line between:(a) the point on the mean high water mark nearest to 35°38.204′S, 150°16.446′E, on the north-eastern bank of Durras Lake, and(b) the point on the mean high water mark nearest to 35°38.513′S, 150°16.326′E, on the southern bank of Durras Lake.North Durras Lake sanctuary zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Durras Lake and its creeks, bays and tributaries upstream of the line between:(a) the point on the mean high water mark nearest to 35°38.234′S, 150°17.076′E, on the western bank of Durras Lake, and(b) the point on the mean high water mark nearest to 35°38.234′S, 150°17.158′E, on the eastern bank of Durras Lake.North Head sanctuary zoneAn area bounded as follows:(a) commencing at the tip of Yellow Rock at the point on the mean high water mark nearest to 35°43.413′S, 150°15.894′E,(b) then due east for a distance of approximately 1.9 kilometres to 35°43.413′S, 150°17.127′E,(c) then due north for a distance of approximately 2.9 kilometres to the point on the mean high water mark nearest to 35°42.117′S, 150°17.127′E,(d) then generally south-west along the mean high water mark to the point of commencement.Tollgate Islands sanctuary zoneAn area bounded as follows:(a) commencing at 35°44.282′S, 150°14.750′E,(b) then due east to the intersection of latitude 35°44.282′S and the eastern boundary of the marine park,(c) then generally south along the eastern boundary of the marine park to 35°46.797′S, 150°18.734′E (a point on the boundary),(d) then due west for a distance of approximately 6 kilometres to 35°46.797′S, 150°14.750′E,(e) then due north to the point of commencement.Cullendulla Creek sanctuary zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Cullendulla Creek and its creeks, bays and tributaries upstream of the line between:(a) the point on the mean high water mark nearest to 35°42.096′S, 150°12.506′E, on the western bank of the entrance to Cullendulla Creek, and(b) the point on the mean high water mark nearest to 35°42.277′S, 150°12.561′E, on the eastern bank of the entrance to Cullendulla Creek.Waterfall Creek sanctuary zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Waterfall Creek and its creeks, bays and tributaries that are upstream of the line between:(a) the point on the mean high water mark nearest to 35°42.675′S, 150°08.114′E, on the western shore of Waterfall Creek, and(b) the point on the mean high water mark nearest to 35°42.719′S, 150°08.287′E, on the eastern shore of Waterfall Creek.Buckenbowra River sanctuary zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of the Buckenbowra River and its creeks, bays and tributaries upstream of the line between:(a) the point on the mean high water mark nearest to 35°41.494′S, 150°07.559′E, on the northern bank of the Buckenbowra River, and(b) the point on the mean high water mark nearest to 35°41.644′S, 150°07.651′E, on the southern bank of the Buckenbowra River.Pelican Inlet sanctuary zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Pelican Inlet and its creeks, bays and tributaries upstream of the line between:(a) the point on the mean high water mark nearest to 35°42.003′S, 150°08.943′E, on the western bank of the mouth of Pelican Inlet, and(b) the point on the mean high water mark nearest to 35°41.969′S, 150°09.715′E, on the eastern bank of the mouth of Pelican Inlet.Burrewarra sanctuary zoneAn area bounded as follows:(a) commencing at the southern end of Rosedale Beach at the point on the mean high water mark nearest to 35°49.030′S, 150°13.749′E,(b) then generally east for a distance of approximately 900 metres to 35°49.027′S, 150°14.341′E, (approximately 260 metres east of the north-eastern edge of Jimmies Island),(c) then due south to 35°50.246′S, 150°14.342′E (a point generally east of the southern-most extremity of Burrewarra Point),(d) then generally west along a line that is tangential to both the southern-most extremity of Burrewarra Point and the point, on Long Nose Point, on the mean high water mark nearest to 35°50.131′S, 150°12.613′E,(e) then generally north-east along the mean high water mark to the point of commencement.Candlagan Creek sanctuary zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Candlagan Creek and its creeks, bays and tributaries upstream of the line between:(a) the point on the mean high water mark nearest to 35°50.476′S, 150°10.749′E, on the northern bank of the entrance to Candlagan Creek, and(b) the point on the mean high water mark nearest to 35°50.513′S, 150°10.705′E, on the southern bank of the entrance to Candlagan Creek.Broulee Island sanctuary zoneAn area bounded as follows:(a) commencing in the proximity of the sand bar in Boat Harbour at the point on the mean high water mark nearest to 35°51.428′S, 150°11.115′E,(b) then due north for a distance of approximately 400 metres to 35°51.207′S, 150°11.115′E,(c) then due east for a distance of approximately 2.25 kilometres to 35°51.207′S, 150°12.611′E (a point due south of the southern-most extremity of Long Nose Point),(d) then due south for a distance of approximately 900 metres to 35°51.684′S, 150°12.611′E,(e) then due west for a distance of approximately 2.25 kilometres to 35°51.684′S, 150°11.115′E,(f) then due north to the southern coast of Broulee Island at the point on the mean high water mark nearest to 35°51.549′S, 150°11.115′E,(g) then generally east along the mean high water mark around Broulee Island to the point of commencement.Bengello Creek sanctuary zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Bengello Creek and its creeks, bays and tributaries upstream of the line between:(a) the point on the mean high water mark nearest to 35°52.043′S, 150°09.762′E, on the northern bank of the entrance to Bengello Creek, and(b) the point on the mean high water mark nearest to 35°52.066′S, 150°09.741′E, on the southern bank of the entrance to Bengello Creek.Malabar Creek sanctuary zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Malabar Creek and its creeks, bays and tributaries upstream of the line between:(a) the point the mean high water mark on the western bank of the entrance to Malabar Creek intersects latitude 35°54.227′S (at or about longitude 150°06.492′E), and(b) the point the mean high water mark on the eastern bank of the entrance to Malabar Creek intersects latitude 35°54.185′S (at or about longitude 150°06.549′E).Mullimburra sanctuary zoneAn area bounded as follows:(a) commencing on the southern shore of Congo Beach at the point the mean high water mark intersects latitude 35°57.725′S,(b) then due east to the point the eastern boundary of the marine park intersects latitude 35°57.725′S,(c) then generally south-west and then generally south-east, along the eastern boundary of the marine park to the point the boundary intersects latitude 36°01.689′S,(d) then due west to the point the mean high water mark intersects latitude 36°01.689′S,but not including the Meringo-Mullimburra Point habitat protection zone as described in Division 3.(e) then following the mean high water mark north to the point of commencement,Meringo Lake sanctuary zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Meringo Lake and its creeks, bays and tributaries upstream of the line between:(a) the point the mean high water mark on the northern shore of Meringo Lake intersects latitude 35°58.658′S (at or about longitude 150°09.093′E), and(b) the point the mean high water mark on the southern shore of Meringo Lake intersects latitude 35°58.715′S (at or about longitude 150°09.093′E).Kellys Lake sanctuary zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Kellys Lake and its creeks, bays and tributaries upstream of the line between:(a) the point the mean high water mark on the northern shore of Kellys Lake intersects latitude 36°00.394′S (at or about longitude 150°09.435′E), and(b) the point the mean high water mark on the southern shore of Kellys Lake intersects latitude 36°00.419′S (at or about longitude 150°09.433′E).Coila Lake and Creek sanctuary zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Coila Lake and its creeks, bays and tributaries upstream of the line between:(a) the point on the mean high water mark nearest to 36°00.986′S, 150°06.952′E, on the south-western bank, and(b) the point on the mean high water mark nearest to 36°00.497′S, 150°06.903′E, on the north-eastern bank.Brou Beach sanctuary zoneAn area bounded as follows:(a) commencing on the mean high water mark on the eastern-most point of Jemisons Point at 36°06.172′S, 150°08.260′E,(b) then due east for a distance of approximately 300 metres to 36°06.172′S, 150°08.480′E (a point due south of the eastern-most extremity of Potato Point),(c) then due south for a distance of approximately 2.5 kilometres to 36°07.540′S, 150°08.480′E,(d) then due west for a distance of approximately 1.4 kilometres to Brou Breach at the point on the mean high water mark nearest to 36°07.540′S, 150°07.546′E,and including the whole of the tidal waters and tidal lands to the mean high water mark of Lake Tarouga and its creeks, bays and tributaries.(e) then generally north along the mean high water mark of Brou Beach and then Jemisons Point to the point of commencement,Brou Lake North sanctuary zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Brou Lake and its creeks, bays and tributaries upstream of the line between:(a) the point the mean high water mark on the north-western bank of Brou Lake intersects latitude 36°07.151′S (at or about longitude 150°07.337′E), and(b) the point the mean high water mark on the north-eastern bank of Brou Lake intersects latitude 36°07.308′S (at or about longitude 150°07.441′E).Brou Lake South sanctuary zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Brou Lake and its creeks, bays and tributaries upstream of the line between:(a) the point on the mean high water mark nearest to 36°07.960′S, 150°06.714′E, on the western bank of Brou Lake, and(b) the point on the mean high water mark nearest to 36°07.969′S, 150°06.775′E, on the eastern bank of Brou Lake.Kianga Lake sanctuary zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Kianga Lake and its creeks, bays and tributaries upstream of the line between:(a) the point on the northern bank of Kianga Lake at 36°11.476′S, 150°07.936′E, and(b) the point on the southern bank of Kianga Lake at 36°11.551′S, 150°07.936′E.Clarks Bay—Freshwater Bay sanctuary zoneAn area bounded as follows:(a) commencing on the northern shore of Clarks Bay at the point on the mean high water mark nearest to 36°12.674′S, 150°06.161′E,(b) then due south to 36°12.887′S, 150°06.161′E,(c) then generally south-west to 36°13.455′S, 150°05.530′E,(d) then due west to the point on the mean high water mark nearest to 36°13.455′S, 150°05.278′E,but not including the Black Bream Point habitat protection zone, the Clarks Bay habitat protection zone or the Freshwater Bay habitat protection zone as described in Division 3.(e) then generally north-east along the mean high water mark to the point of commencement,Punkalla Creek sanctuary zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Punkalla Creek and its creeks, bays and tributaries upstream of the line between:(a) the point on the mean high water mark nearest to 36°13.538′S, 150°04.326′E, on the western bank of Punkalla Creek, and(b) the point on the mean high water mark nearest to 36°13.581′S, 150°04.460′E, on the eastern bank of Punkalla Creek.Forsters Bay sanctuary zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Forsters Bay and its creeks, bays and tributaries upstream of the line between:(a) the point on the mean high water mark nearest to 36°13.578′S, 150°06.900′E, on the northern bank of Forsters Bay, and(b) the point on the mean high water mark nearest to 36°13.761′S, 150°06.809′E, on the southern bank of Forsters Bay.Bullengella Lake—Corunna Lake sanctuary zoneAn area bounded as follows:(a) commencing south of Glasshouse Rocks at 36°14.300′S, 150°08.803′E,(b) then due east for a distance of approximately 2.5 kilometres to 36°14.300′S, 150°10.620′E,(c) then due south for a distance of approximately 5.8 kilometres to 36°17.222′S, 150°10.620′E,(d) then due west to the northern side of the entrance to Corunna Lake at the point on the mean high water mark nearest to 36°17.222′S, 150°07.894′E,and including the whole of the tidal waters and tidal lands to the mean high water mark of Nangudga Lake and Bullengella Lake and their creeks, bays and tributaries but not including the Handkerchief Beach habitat protection zone as described in Division 3.(e) then north along the mean high water mark to the point of commencement,Montague Island East sanctuary zoneAn area bounded as follows:(a) commencing on the eastern coast of Montague Island at the point on the mean high water mark nearest to 36°14.678′S, 150°13.846′E,(b) then due south for a distance of approximately 546 metres to the eastern-most point of Montague Island at the point on the mean high water mark nearest to 36°14.973′S, 150°13.846′E,(c) then generally north along the mean high water mark of the eastern coast of Montague Island to the point of commencement.Montague Island South sanctuary zoneAn area bounded as follows:(a) commencing on the south-eastern coast of Montague Island at the point on the mean high water mark nearest to 36°15.243′S, 150°13.793′E,(b) then due east for a distance of approximately 1.6 kilometres to 36°15.243′S, 150°14.848′E,(c) then due south for a distance of approximately 1.7 kilometres to 36°16.143′S, 150°14.848′E,(d) then due west for a distance of approximately 1.9 kilometres to 36°16.143′S, 150°13.607′E (a point due south of the southern-most extremity of Montague Island),(e) then due north to the southern-most extremity of Montague Island at the point on the mean high water mark nearest to 36°15.558′S, 150°13.607′E,(f) then generally south-east then north along the mean high water mark of the southern coast of Montague Island to the point of commencement.Couria Bay sanctuary zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Couria Bay and its creeks, bays and tributaries upstream of the line between:(a) the point, on the north-eastern shore of Couria Bay, the mean high water mark intersects latitude 36°21.084′S (at or about longitude 150°03.440′E), andbut not including the Couria Bay habitat protection zone as described in Division 3.(b) the point, on the south-western shore of Couria Bay, the mean high water mark intersects latitude 36°21.252′S (at or about longitude 150°03.440′E),Dignams Creek sanctuary zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Dignams Creek and its creeks, bays and tributaries upstream of the line between:(a) the point on the mean high water mark nearest to 36°21.211′S, 150°02.079′E, on the northern bank of Wallaga Lake, andbut not including the Snake Island special purpose zone as described in Division 4.(b) the point on the mean high water mark nearest to 36°21.345′S, 150°02.171′E, on the southern bank of Wallaga Lake at the mouth of Dignams Creek,Meads Bay sanctuary zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Meads Bay and its creeks, bays and tributaries upstream of the line between:(a) the point on the mean high water mark nearest to 36°23.109′S, 150°02.813′E, on the western bank of Meads Bay, and(b) the point on the mean high water mark nearest to 36°22.921′S, 150°03.053′E, on the eastern bank of Meads Bay.Narira Creek sanctuary zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Narira Creek and its creeks, bays and tributaries upstream of the line between:(a) the point on the mean high water mark nearest to 36°23.506′S, 150°02.673′E, on the western bank of Narira Creek, and(b) the point on the mean high water mark nearest to 36°23.506′S, 150°02.685′E, on the eastern bank of Narira Creek.Merriwinga Creek sanctuary zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Merriwinga Creek and its creeks, bays and tributaries upstream of the line between:(a) the point on the mean high water mark nearest to 36°21.613′S, 150°04.770′E, on the western bank of the entrance to Merriwinga Creek, and(b) the point on the mean high water mark nearest to 36°21.622′S, 150°04.775′E, on the eastern bank of the entrance to Merriwinga Creek.cll 7.2–7.4 (previously sch 1, pt 6, cll 2–4): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
7.3 Fish cleaning
Despite clause 1.11 of this Regulation, a person may clean fish or fishing gear while in a sanctuary zone of the marine park at a fish cleaning facility (if any) designated by the relevant Ministers for that purpose.cll 7.2–7.4 (previously sch 1, pt 6, cll 2–4): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
7.4 Oyster depuration
(1) Despite clause 1.11 of this Regulation, a person may carry out oyster depuration (other than the operation of a depuration tank) in a sanctuary zone of the marine park if the oyster depuration is carried out in a designated area and in accordance with the Food Act 2003.(2) For the purposes of this clause, a designated area means any tidal waters and tidal lands of a sanctuary zone of the marine park on which, immediately before the commencement of this Part, depuration lines were being used for oyster depuration by the holder of a licence under the Food Act 2003 that authorised the operation of a depuration plant.cll 7.2–7.4 (previously sch 1, pt 6, cll 2–4): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
7.5 Permissible uses
(1) Without limiting clause 1.7 of this Regulation, a further object of a sanctuary zone in the marine park is, where consistent with clause 1.7 (a) of this Regulation, to allow any activity to be carried out in the zone if it is a permissible use with respect to the sanctuary zone.(2) For the purposes of this clause, each of the following activities is a permissible use with respect to each of the sanctuary zones in the marine park:(a) an activity that is necessary for the purposes of replacing a work used before the commencement of this Part with a work that has the same or less environmental impact and that is capable of safe and ecologically sustainable use,(b) an activity that is necessary for the purposes of maintaining a work used before the commencement of this Part in a state that enables safe and ecologically sustainable use of the work.(3) Despite clause 1.11 of this Regulation, the consent of the relevant Ministers may be given for an activity that would otherwise contravene that clause if that activity is a permissible use with respect to the sanctuary zone.(4) In this clause:work includes a jetty, wharf, pontoon, groyne, retaining wall, boat ramp, mooring, aquaculture facility, boardwalk, navigation marker, regulatory authority sign and stormwater drain.cl 7.5 (previously sch 1, pt 6, cl 5): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2009 No 106, Sch 2.20 [5].
Division 3 Habitat protection zones
pt 7, divs 3–10 (cll 7.6–7.29) (previously sch 1, Part 6, Divs 3–10 (cll 6–29)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
7.6 Description of habitat protection zones
The habitat protection zones of the marine park are comprised of the following areas:Kioloa Creek habitat protection zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Kioloa Creek and its creeks, bays and tributaries upstream of the line between:(a) the point on the mean high water mark on the northern shore of Kioloa Creek at 35°33.084′S, 150°22.938′E, and(b) the point on the mean high water mark on the southern shore of Kioloa Creek at 35°33.137′S, 150°22.938′E.Durras Beach creek habitat protection zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of the unnamed creek, landward of Durras Beach, that runs between Skid Ridge Road and Old Coast Road, and its creeks, bays and tributaries upstream of the line between:(a) the point on the mean high water mark nearest to 35°39.460′S, 150°17.776′E, on the western bank of the entrance to the creek, and(b) the point on the mean high water mark nearest to 35°39.460′S, 150°17.785′E, on the eastern bank of the entrance to the creek.Durras Lake habitat protection zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Durras Lake and its creeks, bays and tributaries upstream of the line between:(a) the point on the mean high water mark nearest to 35°38.310′S, 150°18.450′E, on the northern bank of the Durras Lake entrance, andbut not including the Upper Durras Lake sanctuary zone or the North Durras Lake sanctuary zone as described in Division 2.(b) the point on the mean high water mark nearest to 35°38.394′S, 150°18.369′E, on the southern bank of the Durras Lake entrance.Batemans Bay habitat protection zoneAn area bounded as follows:(a) commencing at the southern end of South Durras Beach at the point on the mean high water mark nearest to 35°40.095′S, 150°18.414′E,(b) then due east to the intersection of latitude 35°40.095′S with the eastern boundary of the marine park,(c) then generally south along the eastern boundary of the marine park to the intersection of latitude 35°50.246′S with the boundary,(d) then due west to 35°50.246′S, 150°14.342′E (a point generally east of the southern-most extremity of Burrewarra Point),(e) then due north, along the eastern boundary of the Burrewarra sanctuary zone, to 35°49.027′S, 150°14.341′E, approximately 260 metres east of the north-eastern edge of Jimmies Island,(f) then due west to the southern end of Rosedale Beach at the point on the mean high water mark nearest to 35°49.030′S, 150°13.749′E,(g) then along the mean high water mark to 35°32.374′S, 150°11.991′E (a point on the mean high water mark on the northern bank of the Clyde River),(h) then to 35°32.418′S, 150°11.991′E (a point on the mean high water mark on the southern bank of the Clyde River),but not including the Pelican Inlet sanctuary zone, the Waterfall Creek sanctuary zone, the Buckenbowra River sanctuary zone, the Tollgate Islands sanctuary zone, the North Head sanctuary zone or the Cullendulla Creek sanctuary zone as described in Division 2 or the Batemans Bay special purpose zone as described in Division 4.(i) then downstream along the mean high water mark to the point of commencement,Shallow Crossing habitat protection zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of the Clyde River and its creeks, bays and tributaries upstream of the line between:(a) the point on the mean high water mark on the northern bank of the Clyde River at 35°32.374′S, 150°11.991′E, and(b) the point on the mean high water mark on the southern bank of the Clyde River at 35°32.418′S, 150°11.991′E.Tomaga River habitat protection zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of the Tomaga River and its creeks, bays and tributaries upstream of the line between:(a) the point on the northern shore of the mouth of the Tomaga River at 35°50.226′S, 150°11.070′E, and(b) the point on the southern shore of the mouth of the Tomaga River at 35°50.305′S, 150°11.070′E.Toragy Point-Congo habitat protection zoneAn area bounded as follows:(a) commencing at the eastern-most extremity of Toragy Point at the point on the mean high water mark nearest to 35°54.474′S, 150°09.610′E,(b) then due east to the intersection of latitude 35°54.474′S with the eastern boundary of the marine park,(c) then generally south along the eastern boundary of the marine park to the point the eastern marine park boundary intersects latitude 35°57.725′S,(d) then due west, along the northern boundary of the Mullimburra sanctuary zone, to the southern shore of Congo Beach, at the point the mean high water mark intersects latitude 35°57.725′S,including the whole of the tidal waters and tidal lands to the mean high water mark of Congo Creek and its creeks, bays and tributaries.(e) then generally north along the mean high water mark to the point of commencement,Meringo-Mullimburra Point habitat protection zoneAn area bounded as follows:(a) commencing at the eastern-most extremity of Mullimburra Point at the point on the mean high water mark nearest to 35°59.628′S, 150°09.850′E,(b) then due east for a distance of approximately 200 metres to 35°59.628′S, 150°09.974′E,(c) then generally north along a line parallel to, but 200 metres seaward of, the mean high water mark, to 35°58.715′S, 150°09.170′E,(d) then due west to the southern side of the entrance to Meringo Lake at the point on the mean high water mark nearest to 35°58.715′S, 150°09.237′E,(e) then generally south following the mean high water mark to the point of commencement.Tuross-Coila habitat protection zoneAn area bounded as follows:(a) commencing on the northern bank of the entrance to Tuross Lake at the point on the mean high water mark nearest to 36°03.966′S, 150°08.097′E,(b) then generally north along the mean high water mark to the southern side of the entrance to Coila Lake at the point on the mean high water mark nearest to 36°03.028′S, 150°08.518′E,(c) then generally north to the northern side of the entrance to Coila Lake at the point on the mean high water mark nearest to 36°02.889′S, 150°08.535′E,(d) then generally north along the mean high water mark to the point the mean high water mark intersects latitude 36°01.689′S,(e) then due east, along the southern boundary of the Mullimburra sanctuary zone, to the point the eastern boundary of the marine park intersects latitude 36°01.689′S,(f) then generally south along the eastern boundary of the marine park to the intersection of the eastern boundary of the marine park and latitude 36°03.966′S,(g) then due west to the point of commencement.Tuross Lake and River habitat protection zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Tuross Lake, the Tuross River system and their creeks, bays and tributaries upstream of the line between:(a) the point on the northern shore of the opening to Tuross Lake at 36°03.967′S, 150°08.097′E, and(b) the point on the southern shore of the opening to Tuross Lake at 36°04.051′S, 150°08.097′E.Lake Brunderee habitat protection zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Lake Brunderee and its creeks, bays and tributaries upstream of the line between:(a) the point the mean high water mark on the western shore of Lake Brunderee intersects latitude 36°05.640′S (at or about longitude 150°08.218′E), and(b) the point the mean high water mark on the eastern shore of Lake Brunderee intersects latitude 36°05.640′S (at or about longitude 150°08.236′E).Jemisons Beach creek habitat protection zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of the unnamed creek that is landward of Jemisons Beach and its creeks, bays and tributaries upstream of the line between:(a) the point on the mean high water mark nearest to 36°06.050′S, 150°08.149′E, on the northern bank of the entrance to the creek, and(b) the point on the mean high water mark nearest to 36°06.053′S, 150°08.147′E, on the southern bank of the entrance to the creek.Lake Dalmeny (Mummaga Lake) habitat protection zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Lake Dalmeny and its creeks, bays and tributaries upstream of the line between:(a) the point on the northern shore of the opening to Lake Dalmeny at 36°09.720′S, 150°07.550′E, and(b) the point on the southern shore of the opening to Lake Dalmeny at 36°09.744′S, 150°07.597′E.Wagonga Inlet habitat protection zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of the Wagonga Inlet and its creeks, bays and tributaries that are upstream of the line between:(a) the point the mean high water mark on the western shore of Wagonga Inlet intersects latitude 36°12.684′S (at or about longitude 150°07.968′E), andbut not including the Clarks Bay—Freshwater Bay sanctuary zone or the Forsters Bay sanctuary zone as described in Division 2, the Black Bream Point habitat protection zone as described in this Division, the Mill Bay Boat Ramp special purpose zone, the Forsters Bay special purpose zone or the Narooma Wharf special purpose zone as described in Division 4.(b) the point the mean high water mark on the eastern shore of Wagonga Inlet intersects latitude 36°12.684′S (at or about longitude 150°08.037′E),Black Bream Point habitat protection zoneAn area bounded as follows:(a) commencing on the western shore of Clarks Bay at the point on the mean high water mark nearest to 36°12.861′S, 150°05.732′E,(b) then due north to 36°12.832′S, 150°05.732′E,(c) then due east to 36°12.832′S, 150°05.792′E,(d) then due south to the western shore of Clarks Bay at the point on the mean high water mark nearest to 36°12.858′S, 150°05.792′E,(e) then generally west along the mean high water mark to the point of commencement.Clarks Bay habitat protection zoneAn area bounded by the circle of 20 metres radius centred on 36°12.784′S, 150°05.567′E, a point near the mean high water mark on the shore of Wagonga Inlet.Freshwater Bay habitat protection zoneAn area bounded by the circle of 20 metres radius centred on 36°13.158′S, 150°05.316′E, a point near the mean high water mark on the shore of Wagonga Inlet.Wagonga Head habitat protection zoneAn area bounded as follows:(a) commencing at the point the mean high water mark south of the entrance to Wagonga Inlet intersects latitude 36°12.769′S (at or about longitude 150°08.136′E),(b) then due east to 36°12.769′S, 150°08.234′E,(c) then south-east to the point the mean high water mark intersects latitude 36°12.945′S (at or about longitude 150°08.371′E),(d) then along the mean high water mark to the point of commencement.Little Lake (north) habitat protection zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of the lake named Little Lake that lies between Wagonga Inlet and Nangudga Lake, and its creeks, bays and tributaries upstream of the line between:(a) the point the mean high water mark on the northern shore of the lake intersects latitude 36°13.423′S (at or about longitude 150°08.453′E), and(b) the point the mean high water mark on the southern shore of the lake intersects latitude 36°13.443′S (at or about longitude 150°08.456′E).Handkerchief Beach habitat protection zoneAn area bounded as follows:(a) commencing south of the entrance to Bullengella Lake at the point on the mean high water mark nearest to 36°14.623′S, 150°08.659′E,(b) then due east to 36°14.623′S, 150°08.726′E,(c) then generally south along a line parallel to, but 100 metres seaward of, the mean high water mark to 36°15.206′S, 150°08.790′E,(d) then due west to the point on the mean high water mark nearest to 36°15.206′S, 150°08.730′E,(e) then along the mean high water mark to the southern side of the entrance to Nangudga Lake at the point on the mean high water mark nearest to 36°15.139′S, 150°08.673′E,(f) then due west to the northern side of the entrance to Nangudga Lake at the point on the mean high water mark nearest to 36°15.139′S, 150°08.601′E,(g) then generally north along the mean high water mark to the point of commencement.Montague Island habitat protection zoneAn area bounded as follows:(a) commencing south of the entrance to Kianga Lake at the point on the mean high water mark nearest to 36°11.536′S, 150°07.994′E,(b) then due east to the intersection of latitude 36°11.536′S with the eastern boundary of the marine park,(c) then generally south along the eastern boundary of the marine park to 36°18.342′S, 150°12.099′E (a point east of Mystery Bay),(d) then due west to the southern side of Mystery Bay at the point on the mean high water mark nearest to 36°18.342′S, 150°08.195′E,but not including the Bullengella Lake—Corunna Lake sanctuary zone, the Montague Island East sanctuary zone or the Montague Island South sanctuary zone as described in Division 2, the Montague Island (Inner) habitat protection zone, the Wagonga Head habitat protection zone, the Handkerchief Beach habitat protection zone, the Wagonga Inlet habitat protection zone or the Little Lake (north) habitat protection zone as described in this Division.(e) then generally north along the mean high water mark to the point of commencement,Montague Island (Inner) habitat protection zoneAn area bounded as follows:(a) commencing at the point the mean high water mark on the west coast of Montague Island intersects latitude 36°14.636′S (at or about longitude 150°13.428′E),(b) then generally north for approximately 350 metres to 36°14.448′S, 150°13.428′E,(c) then due east for approximately 630 metres to 36°14.448′S, 150°13.846′E,(d) then due south to the point the mean high water mark on the north-eastern extremity of Montague Island intersects latitude 36°14.609′S (at or about longitude 150°13.846′E),(e) then west along the mean high water mark to the point of commencement.Little Lake (south) habitat protection zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of the lake named Little Lake that lies between Tilba Tilba Lake and Wallaga Lake, and its creeks, bays and tributaries upstream of the line between:(a) the point on the mean high water mark nearest to 36°20.325′S, 150°06.107′E, on the northern entrance to the lake, and(b) the point on the mean high water mark nearest to 36°20.352′S, 150°06.035′E, on the southern entrance to the lake.Wallaga Lake Entrance habitat protection zoneAn area bounded as follows:(a) commencing on the northern bank of Wallaga Lake (near the eastern edge of Wallaga Lake Road) at the point on the mean high water mark nearest to 36°21.524′S, 150°04.572′E,(b) then generally south-east along the mean high water mark of Wallaga Lake to the northern bank of the entrance to Wallaga Lake at the point nearest to 36°22.131′S, 150°04.781′E,(c) then due south to the southern bank of Wallaga Lake at the point on the mean high water mark nearest to 36°22.189′S, 150°04.781′E,(d) then generally west along the mean high water mark of the southern bank of Wallaga Lake to 36°21.549′S, 150°04.502′E (a point near the eastern edge of Wallaga Lake Road),but not including the Merriwinga Creek sanctuary zone as described in Division 2.(e) then north along the mean high water mark, generally parallel to the eastern edge of Wallaga Lake Road, to the point of commencement,Couria Bay habitat protection zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Couria Bay and its creeks, bays and tributaries upstream of the line between:(a) the point on the mean high water mark nearest to 36°20.649′S, 150°03.187′E, on the eastern shore of Couria Bay, and(b) the point on the mean high water mark nearest to 36°20.649′S, 150°03.100′E, on the western shore of Couria Bay.Meads Bay habitat protection zoneAn area bounded as follows:the whole of the tidal waters and tidal lands to the mean high water mark of Meads Bay and its creeks, bays and tributaries upstream of the line between:(a) the point on the mean high water mark nearest to 36°22.642′S, 150°03.741′E, on the eastern bank of Meads Bay, and(b) the point on the mean high water mark nearest to 36°22.921′S, 150°03.053′E, on the western bank of Meads Bay.
7.7 Taking of certain plants permitted in habitat protection zones
(1) Despite clause 1.16 of this Regulation, a person may take a plant of a species listed in table A, by the method of hand picking (whether or not while wearing a glove), for recreational purposes, in a habitat protection zone of the marine park.(2) Despite clause 1.16 of this Regulation, a person may take marine seaweed (in quantities not exceeding 20 litres per person per day), for recreational purposes, from above the mean low water mark on a beach in a habitat protection zone of the marine park.Note—Clause 1.16 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.(3) Despite subclauses (1) and (2), a person must not, while in a habitat protection zone listed in table D, take or attempt to take any plant.
7.8 Permitted fishing activities
Note—Clause 1.17 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 1.17).(1) Clause 1.17 (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 this clause.(2) Subject to clause 7.9 of this Part, the following fishing activities are permitted in a habitat protection zone of the marine park:(a) Netting—generalThe 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.(b) Haul nettingThe taking of any fish of a kind that may lawfully be taken in the habitat protection zone by use of a hauling net (general purpose) or a pilchard, anchovy and bait net (hauling), if the use of the net to take that fish is lawful under the Fisheries Management Act 1994, but only from the beaches set out in table C.(c) Garfish netThe taking of any fish of a kind that may lawfully be taken in the habitat protection zone by use of a garfish net (bullringing), if the use of the net to take that fish is lawful under the Fisheries Management Act 1994, but only from water not within an estuary.(d) Hand-hauled prawn nettingThe taking of any fish of a kind that may lawfully be taken in the habitat protection zone by use of a hand-hauled prawn net, if the use of the net to take that fish is lawful under the Fisheries Management Act 1994, but only in the following habitat protection zones:(i) the Tomaga River habitat protection zone,(ii) the Tuross Lake and River habitat protection zone,(iii) the Lake Brunderee habitat protection zone,(iv) the Lake Dalmeny (Mummaga Lake) habitat protection zone,(v) the Little Lake (south) habitat protection zone.(e) Fish and lobster trappingThe taking of any fish of a kind that may lawfully be taken in the habitat protection zone by use of a fish trap or lobster trap, if the use of the trap to take that fish is lawful under the Fisheries Management Act 1994.(f) Eel and crab trappingThe taking of any fish of a kind that may lawfully be taken in the habitat protection zone by use of an eel trap or crab trap, if the use of the trap to take that fish is lawful under the Fisheries Management Act 1994.(g) CollectingThe taking of any fish of a kind that may lawfully be taken in the habitat protection zone by hand picking (within the meaning of the Estuary General Share Management Plan, as set out in the Fisheries Management (Estuary General Share Management Plan) Regulation 2006), if the use of that method to take that fish is lawful under the Fisheries Management Act 1994.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. Part 3 of the Fisheries Management (General) Regulation 2002 also sets out requirements in relation to the lawful use of fishing gear such as traps and nets.
7.9 Prohibited fishing activities
Note—1Clause 1.17 (2) of this Regulation makes it an offence to take or attempt to take fish while in a habitat protection zone of the marine park 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 1.17 (3) of this Regulation provides that a person does not commit an offence under clause 1.17 for anything done with the consent of the relevant Ministers.3Clause 7.21 of this Part sets out various general fishing prohibitions.(1) A person must not, while in a habitat protection zone of the marine park, take or attempt to take any fish of a species not listed in table B.(2) A person must not, while in the Shallow Crossing habitat protection zone, take or attempt to take fish between 1 May and 30 November in any year (both dates inclusive).(3) A person must not, while in the Handkerchief Beach habitat protection zone, take or attempt to take fish unless the person does so:(a) for recreational purposes only, and(b) while situated on the shore.(4) A person must not, while in the Montague Island (Inner) habitat protection zone, take or attempt to take fish between 1 November and 30 April in any year (both dates inclusive) by use of the following methods:(a) a fishing line rigged with bait,(b) a wire trace line,(c) any net (other than a landing net),(d) any method carried out from a vessel at anchor.(5) A person must not, while in a habitat protection zone set out in table D, take or attempt to take invertebrate fish by hand picking (within the meaning of the Estuary General Share Management Plan, as set out in the Fisheries Management (Estuary General Share Management Plan) Regulation 2006).
7.10 Aquaculture
Despite clause 1.18 of this Regulation, aquaculture is not permissible in a habitat protection zone of the marine park, except within the leased area of any class 1 lease within the meaning of the Fisheries Management (Aquaculture) Regulation 2007.
7.11 Oyster depuration
Despite clause 1.16 of this Regulation, a person may carry out oyster depuration (other than the operation of a depuration tank) in a habitat protection zone of the marine park if the oyster depuration is carried out in accordance with the Food Act 2003.
Division 4 Special purpose zones
pt 7, divs 3–10 (cll 7.6–7.29) (previously sch 1, Part 6, Divs 3–10 (cll 6–29)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
7.12 Description of special purpose zones
The special purpose zones of the marine park are comprised of the following areas:Murramarang Coast special purpose zoneAn area bounded as follows:(a) commencing on Island Beach at the point the mean high water mark intersects latitude 35°34.698′S (at or about longitude 150°21.387′E),(b) then due east to 35°34.698′S, 150°21.916′E (a point south of the southern-most extremity of O’Hara Island),(c) then generally south-west to 35°36.543′S, 150°20.626′E,(d) then due west to the point the mean high water mark intersects latitude 35°36.543′S,(e) then generally north-east along the mean high water mark to the point of commencement.Batemans Bay special purpose zoneAn area bounded as follows:(a) commencing at the eastern side of the Batemans Bay bridge at the point on the mean high water mark nearest to 35°42.188′S, 150°10.632′E,(b) then generally north for a distance of 50 metres to 35°42.175′S, 150°10.658′E,(c) then along a line parallel to, but 60 metres seaward of, the mean high water mark generally south-east to 35°43.131′S, 150°12.002′E,(d) then generally south to 35°43.205′S, 150°11.976′E,(e) then generally west to the southern shore of Batemans Bay at the point on the mean high water mark nearest to 35°43.158′S, 150°11.849′E,(f) then generally north-west along the mean high water mark to the point of commencement.Mill Bay Boat Ramp special purpose zoneAn area bounded as follows:(a) commencing on the western shore of Mill Bay (on the north side of Wagonga Inlet) on the mean high water mark at 36°12.451′S, 150°07.484′E,(b) then due east to 36°12.451′S, 150°07.514′E,(c) then due south to 36°12.544′S, 150°07.514′E,(d) then due west to 36°12.544′S, 150°07.262′E,(e) then due north to the point on the mean high water mark nearest to 36°12.513′S, 150°07.262′E,(f) then generally north-east along the mean high water mark of the northern bank of Wagonga Inlet to the point of commencement.Narooma Wharf special purpose zoneAn area bounded as follows:(a) commencing on the western edge of Narooma Town Wharf at 36°12.897′S, 150°07.835′E,(b) then generally north-east for a distance of approximately 30 metres to 36°12.885′S, 150°07.842′E,(c) then generally south-east to the point on the mean high water mark nearest to 36°12.951′S, 150°08.005′E,(d) then following the mean high water mark generally west to the point of commencement.Forsters Bay special purpose zoneAn area bounded as follows:(a) commencing on the southern bank of Wagonga Inlet (on the eastern bank of Forsters Bay) at the point on the mean high water mark nearest to 36°12.696′S, 150°07.357′E,(b) then generally south along the mean high water mark to the point on the mean high water mark nearest to 36°13.387′S, 150°07.326′E,(c) then due north to 36°13.326′S, 150°07.325′E (a point approximately 100 metres from the mean high water mark),(d) then generally north along a line parallel to, but 100 metres seaward of, the mean high water mark of the eastern bank of Forsters Bay, to 36°12.639′S, 150°07.331′E,(e) then generally east to the point of commencement.Snake Island special purpose zoneAn area bounded as follows:(a) commencing at the point the mean high water mark on the southern shore of Wallaga Lake intersects latitude 36°21.369′S (at or about longitude 150°02.139′E),(b) then generally south-west along the mean high water mark of the southern shore of Wallaga Lake to the point the mean high water mark on the southern shore of Wallaga Lake intersects latitude 36°21.620′S (at or about longitude 150°01.546′E),(c) then generally north-east to the western tip of Snake Island at the point the mean high water mark on the western tip of Snake Island intersects latitude 36°21.574′S (at or about longitude 150°01.604′E),(d) then generally east along the mean high water mark of the southern side of Snake Island to the point the mean high water mark on the eastern tip of Snake Island intersects latitude 36°21.381′S (at or about longitude 150°02.106′E),(e) then generally east to the point of commencement.Class 1 special purpose zoneAn area comprised of the following areas:(a) the leased area of any class 1 lease, within the meaning of the Fisheries Management (Aquaculture) Regulation 2007, in force immediately before the commencement of this Part that is bounded by a sanctuary zone of the marine park, and(b) any priority oyster aquaculture area, within the meaning of the NSW Oyster Industry Sustainable Aquaculture Strategy as adopted by State Environmental Planning Policy No 62—Sustainable Aquaculture, that is bounded by a sanctuary zone of the marine park.
7.13 Special purpose zones—objects
(1) The object of the Murramarang Coast special purpose zone is to provide a high level of biodiversity conservation whilst allowing for the sustainable commercial harvest of abalone in areas of critical importance to the abalone fishery in the marine park.(2) The object of the Batemans Bay, Mill Bay Boat Ramp, Narooma Wharf and Forsters Bay special purpose zones is to provide for foreshore and maritime facilities and infrastructure in Batemans Bay and Narooma.(3) The object of the Snake Island special purpose zone is to provide for traditional Aboriginal use.(4) The object of the Class 1 special purpose zone is to provide for the management of the kinds of aquaculture in respect of which a Class 1 lease may be granted under the Fisheries Management (Aquaculture) Regulation 2007.Note—Clauses 1.22 and 1.23 of this Regulation create offences relating to the taking or harming of plants, animals, fish and other materials in a special purpose zone.
7.14 Special purpose zones—fishing
(1) A person must not, while in the Murramarang Coast special purpose zone, take or attempt to take fish.(2) Despite subclause (1), the harvesting, in the course of commercial fishing, of abalone is permitted in the Murramarang Coast special purpose zone.(3) A person must not, while in the Batemans Bay, Mill Bay Boat Ramp, Narooma Wharf or Forsters Bay special purpose zone, take or attempt to take fish unless the taking of that species of fish by the method used is permitted in a zone that adjoins the special purpose zone concerned.(4) A person must not, while in the Snake Island special purpose zone, take or attempt to take fish.(5) A person must not, while in any area within the Class 1 special purpose zone that is the subject of an aquaculture lease and adjoins a sanctuary zone, take or attempt to take fish.
7.15 Aquaculture in Class 1 special purpose zone
Despite clause 1.24 of this Regulation, a person may carry out aquaculture in the Class 1 special purpose zone in accordance with a permit issued under the Fisheries Management Act 1994.
7.16 Oyster depuration
Despite clause 1.22 of this Regulation, a person may carry out oyster depuration (other than the operation of a depuration tank) in a special purpose zone of the marine park if the oyster depuration is carried out in accordance with the Food Act 2003.
Division 5 General use zone
pt 7, divs 3–10 (cll 7.6–7.29) (previously sch 1, Part 6, Divs 3–10 (cll 6–29)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
7.17 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 a sanctuary zone, a habitat protection zone or a special purpose zone.
7.18 Oyster depuration
Despite clause 1.19 of this Regulation, a person may carry out oyster depuration (other than the operation of a depuration tank) in the general use zone of the marine park if the oyster depuration is carried out in accordance with the Food Act 2003.
7.19 Taking of certain plants permitted in general use zone
(1) Despite clause 1.19 of this Regulation, a person may take a plant of a species listed in table A, by the method of hand picking (whether or not while wearing a glove), for recreational purposes, in the general use zone of the marine park.(2) Despite clause 1.19 of this Regulation, a person may take marine seaweed (in quantities not exceeding 20 litres per person per day), for recreational purposes, from above the mean low water mark on a beach in the general use zone of the marine park.Note—Clause 1.19 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.
7.20 Fishing permitted in general use zone
(1) A person must not take, or attempt to take, fish in the general use zone of the marine park unless 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 Regulation. Accordingly, this clause is not to be construed as authorising any fishing activity that would contravene another provision of this Regulation.Note—Division 6 of this Part sets out some general restrictions on fishing in the marine park. Those provisions apply to the general use zone.
Division 6 General permissions and prohibitions
pt 7, divs 3–10 (cll 7.6–7.29) (previously sch 1, Part 6, Divs 3–10 (cll 6–29)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
7.21 Fishing prohibitions
(1) A person must not, while in the marine park, take or attempt to take fish by trawling.(2) A person must not, while in the marine park, take or attempt to take fish by use of a wire trace line unless the line is a hand held line.(3) A person must not, while in the marine park, take or attempt to take fish by use of a line that has more than 6 hooks attached.(4) A person must not, while in the marine park, take or attempt to take fish by use of a dredge or any device similar to a dredge (excluding any instrument used in the course of hand picking within the meaning of the Estuary General Share Management Plan, as set out in the Fisheries Management (Estuary General Share Management Plan) Regulation 2006).(5) This clause has effect despite any other provision of this Regulation.
7.22 Taking fish or plants for aquarium collection prohibited
(1) A person must not, while in any part of the marine park, take or attempt to take any fish or plant for aquarium collection purposes.(2) A person does not commit an offence in respect of a contravention of subclause (1) if:(a) the fish or plant the subject of the charge was taken while in a habitat protection zone or general use zone, and(b) the activity was carried out with the consent of the relevant Ministers.
7.23 Collection of no more than 10 kg of shell and shell grit
(1) Despite any other provision of this Regulation, a person may collect no more than 10 kilograms of shell or shell grit for recreational purposes while in any of the following zones:(a) a habitat protection zone,(b) the general use zone,but only if any shell collected is not living and is not occupied by any living animal.(c) a special purpose zone that adjoins a habitat protection zone or the general use zone,(2) Nothing in this clause permits a person to collect shell or shell grit in any part of a national park, national reserve or Aboriginal area dedicated or reserved under the National Parks and Wildlife Act 1974.
7.24 Collection of seaweed
A person must not, while in the marine park, take seaweed from a beach that is, or is part of, a nature reserve, national park or Aboriginal area dedicated or reserved under the National Parks and Wildlife Act 1974 except with the consent of the relevant Ministers.
7.25 Permits not required for 12 months after commencement of zoning plan
A person does not commit an offence against clause 1.32 of this Regulation if the person carries out an activity described in clause 1.32 (1) (a) or (b) in the marine park without the consent of the relevant Ministers within 12 months after the commencement of this Part.Note—Clause 1.32 (1) of this Regulation makes it an offence to sell or hire any thing or service or conduct any activity for money in a marine park, except with the consent of the relevant Ministers. Clause 1.32 (2) excludes commercial fishing from the prohibition.
Division 7 Species protection
pt 7, divs 3–10 (cll 7.6–7.29) (previously sch 1, Part 6, Divs 3–10 (cll 6–29)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
7.26 Identification of protected species
(1) For the purposes of clause 1.30 of this Regulation, any species offish:(a) not listed in table B, oris identified as a protected species for the purposes of the marine park.(b) the taking or harming of which is prohibited under section 19 or 220ZA of the Fisheries Management Act 1994,Note—Clause 1.30 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.(2) Despite subclause (1), cunjevoi (Pyura stolonifera) is not a protected species.
Division 8 Domesticated animals
pt 7, divs 3–10 (cll 7.6–7.29) (previously sch 1, Part 6, Divs 3–10 (cll 6–29)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
7.27 Restrictions on domesticated animals
Despite clause 1.29 (1) of this Regulation, a person may bring a domesticated animal into the following parts of the marine park:(a) tidal lands of the marine park if those tidal lands are not directly seaward of:(i) a nature reserve, national park or Aboriginal area dedicated or reserved under the National Parks and Wildlife Act 1974, or(ii) a place in which the animal is prohibited under the Companion Animals Act 1998,(b) waters of the marine park that are not part of a nature reserve or national park dedicated or reserved under the National Parks and Wildlife Act 1974 if the animal remains confined to a vessel,(c) tidal lands of the marine park that are directly seaward of a nature reserve, national park or Aboriginal area dedicated or reserved under the National Parks and Wildlife Act 1974 if permitted under a plan of management under that Act.Note—Clause 1.29 of this Regulation makes it an offence, subject to certain exceptions, to bring a domesticated animal into a marine park except with the consent of the relevant Ministers.
Division 9 Use, mooring and anchoring of vessels and vehicles
Note—
Clause 1.35 of this Regulation makes it an offence to use, anchor or moor any vessel or motorised vehicle in a marine park in contravention of the zoning plan for the marine park.
pt 7, divs 3–10 (cll 7.6–7.29) (previously sch 1, Part 6, Divs 3–10 (cll 6–29)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
7.28 Anchoring within a sanctuary zone
(1) Despite clause 1.14 (1) of this Regulation, a person may anchor a vessel within a sanctuary zone of the marine park.(2) A person who is anchoring, or has anchored, a vessel within a sanctuary zone must not cause or allow the anchor or any other part of the vessel or its gear to come into contact with a seagrass bed.(3) It is a defence to a prosecution for an offence in respect of a contravention of subclause (2) if the person charged satisfies the court that the person took all reasonable steps to satisfy himself or herself that no part of the vessel or its gear would come into contact with a seagrass bed.
7.29 Areas in which use of vehicles prohibited
(1) A person must not use a motorised vehicle in the marine park, except for the purpose of launching or retrieving a vessel from a designated boat-launching facility.(2) This clause does not apply to or in respect of the following:(a) an authorised vehicle, a police vehicle or an emergency vehicle,(b) a person who has been issued with a permit by the council of an area (within the meaning of the Local Government Act 1993) that adjoins the marine park, authorising the use of a motorised vehicle and who is using the vehicle in accordance with that permit,(c) a commercial fisher using the vehicle in the course of commercial fishing.(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) a regulatory authority,(b) any other government department or public or local authority,(c) a surf life saving club.designated boat-launching facility means a facility in the marine park designated by the Authority or another relevant government department or public or local authority 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.Note—Clause 1.35 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 10 Tables
pt 7, divs 3–10 (cll 7.6–7.29) (previously sch 1, Part 6, Divs 3–10 (cll 6–29)): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Table A—Plants that may be taken in habitat protection zones
Common name | Class/Family | Species |
Sea lettuce | Family Ulvaceae | Ulva lactuca |
Bait weed | Family Ulvaceae | Enteromorpha intestinalis |
Table B—Fish that may be taken in habitat protection zones
Common name | Class/Family | Species |
Finfish | Class Osteichthyes | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Gummy sharks, school sharks | Family Triakidae | Mustelus antarticus, Galeorhinus galeus |
Eastern rock lobsters, southern rock lobsters | Family Palinuridae | Jasus verreauxi, Jasus edwardsii |
Prawns | Family Penaeidae | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Octopus | Family Octopodidae | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Squid, cuttlefish | Family Sepiidae | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Arrow squid, southern calamari | Family Loliginidae | Nototodarus gouldi, Sepioteuthis australis |
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 Osteridae | Ostrea angasi |
Sea urchins | Class Echinoidea | Centrostephanus rodgersii, Heliocidaris erythrogramma |
Beach worms | Family Onuphidae | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Ghost shrimp, marine yabbies (nippers) | Family Callianassidae | Callianassa spp. |
Mud crabs, blue swimmer crabs | Family Portunidae | Scylla serrata, Portunus pelagicus |
Rock crabs | Family Grapsidae | All species |
Oysters | Family Ostreidae | Saccostrea spp., Crassostrea spp. |
Pipis | Family Donacidae | All species (except any specified in Schedule 4 to the Fisheries Management Act 1994) |
Turban shell | Family Turbinadae | Turbo spp. |
Abalone | Family Haliotidae | Haliotis rubra |
Periwinkles | Family Trochidae | Austrocochlea spp. |
Bloodworms | Family Opheliidae | Armandia spp. |
Note—
Bag and size limits apply and are specified in the Fisheries Management Act 1994.
Table C—Designated beaches in which hauling is permitted in habitat protection zones
Long Beach |
Wimbie Beach |
Rosedale Beach |
Barlings Beach |
All beaches along the coast that are between Mullimburra Point and the mouth of Meringo Lake |
Shark Bay Beach between Broulee Island and Broulee Head |
Maloneys Beach (east of Long Beach in Batemans Bay) |
Tuross Beach |
Table D—Habitat protection zones in which handpicking is prohibited
Meringo-Mullimburra Point habitat protection zone |
Black Bream Point habitat protection zone |
Clarks Bay habitat protection zone |
Freshwater Bay habitat protection zone |
Wagonga Head habitat protection zone |
Handkerchief Beach habitat protection zone |
Schedules 1, 2 (Repealed)