Part 1 Preliminary
1 Name of Regulation
This Regulation is the Marine Parks Regulation 2009.
2 Commencement
This Regulation commences at the end of 31 August 2009 and is required to be published on the NSW legislation website.Note—This Regulation replaces the provisions of the Marine Parks Regulation 1999 other than provisions that relate to zoning plans for marine parks. That Regulation will continue to contain such provisions and is renamed by Schedule 2 to this Regulation as the Marine Parks (Zoning Plans) Regulation 1999.
3 Definitions
(1) In this Regulation:permit means a permit under Part 2.the Act means the Marine Parks Act 1997.the relevant Ministers and zoning plan have the same meanings as in the Marine Parks (Zoning Plans) Regulation 1999.(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.(3) Notes included in this Regulation do not form part of this Regulation.
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.
Part 2 Consent of relevant Ministers
5 Consent for activities
If this Regulation or the Marine Parks (Zoning Plans) Regulation 1999 requires the consent of the relevant Ministers before an activity may be carried out, the consent is to be in accordance with this Part.
6 Applications for consent
An application for the consent of the relevant Ministers to the carrying out of an activity in a marine park must be made in the form approved by the relevant Ministers.Note—Section 307A of the Crimes Act 1900 makes it an offence to make a false or misleading statement in, or a misleading omission from, an application for a permit.
7 Relevant Ministers may ask for further information
(1) The relevant Ministers may make a written request to any person who has made an application for consent to carry out any activity for further information to assist the Ministers in considering the application.(2) The relevant Ministers do not have to consider an application if any request for further information is not complied with within the time specified by the relevant Ministers in the request.
8 Must have regard to assessment criteria
(1) The relevant Ministers must have regard to the assessment criteria in deciding whether or not to give consent to the carrying out of any activity in a marine park.(2) This clause does not apply to applications for consent to carry out activities (including educational or research activities) that the relevant Ministers consider will have minimal impact on the biodiversity, enjoyment or use of the marine park.(3) This clause does not limit the factors that the relevant Ministers may have regard to when considering an application for consent to carry out an activity.
9 Assessment criteria
For the purposes of this Part and section 18 (6) of the Act, the following matters are the assessment criteria for deciding whether or not to give consent to the carrying out of any activity in a marine park:(a) the objects of the Act (as specified in section 3 of the Act),(b) the objects of the zone in which the activity is proposed to be carried out,(c) the activities that are permissible in the zone in which the activity is proposed to be carried out (as specified in the relevant zoning plan),(d) any operational plan for the marine park adopted by the Authority pursuant to section 25 (4) of the Act,(e) any threatened species or other protected flora or fauna under the Fisheries Management Act 1994, the National Parks and Wildlife Act 1974 or the Threatened Species Conservation Act 1995 that may be affected by the proposed activity,(f) the form of transport to be used to gain access to the zone in, on or from which the activity is proposed to be carried out, having regard to the adequacy of facilities for parking, mooring and landing vehicles, vessels and aircraft, and for loading and unloading them,(g) the type of equipment to be used in connection with the proposed activity,(h) the arrangements that have been made for the making good of any damage to the marine park that arises from the proposed activity,(i) such other requirements as the relevant Ministers consider appropriate to the proposed activity.
10 Consent must be refused in certain circumstances
(1) The relevant Ministers must not give consent to the carrying out of any activity in a marine park that, in the opinion of the relevant Ministers, is inconsistent with the objects of the Act.(2) Except in emergencies, the relevant Ministers must not give consent to the carrying out of any activity in a zone of a marine park that, in the opinion of the relevant Ministers, is inconsistent with the objects of the zone.(3) The relevant Ministers must not give consent to the carrying out of any activity contrary to the provisions of any determination in force under clause 20.
11 Consent may be refused in certain other circumstances
(1) The relevant Ministers may refuse to give consent to the carrying out of any activity in a marine park if:(a) the application for consent was not made in the approved form, or(b) the applicant has failed to respond to a request for further information made under clause 7 or has responded in a way that the relevant Ministers consider is unsatisfactory, or(c) the applicant has been convicted of an offence under the Act or this Regulation, or under similar legislation of another jurisdiction, in the 12 months before the application was made, or(d) the applicant has been issued with 2 or more penalty notices for offences under the Act or this Regulation in the 12 months before the application was made, being penalty notices that were not later dismissed by a court, or(e) the proposed activity is inconsistent with the assessment criteria (to the extent that those criteria are applicable to the application).(2) This clause does not limit the factors that the relevant Ministers may take into account when considering an application for consent under this Part.
12 Consent to be given in form of permit
The consent of the relevant Ministers to the carrying out of an activity in a marine park is to be given in the form of a written permit.
13 Permit may be granted subject to conditions
(1) A permit is subject to any conditions that are specified in the permit.(2) The holder of a permit who contravenes any condition of the permit is guilty of an offence.Maximum penalty: 100 penalty units.
14 Permit may authorise others
(1) A permit may authorise specified persons, or a specified class of persons, in addition to the person to whom the permit is granted, to carry out the activities to which the permit relates.(2) In any such case, the specified persons, or specified class of persons, are taken to be holders of the permit for the purposes of this Regulation and the zoning plan to which the permit relates.
15 Term of permit
Unless sooner suspended or cancelled, a permit remains in force for such period as is specified in the permit.
16 Cancellation of permit
(1) A permit may be cancelled by the relevant Ministers for any of the following reasons by notice in writing to the holder of the permit:(a) the holder has not complied with a condition of the permit,(b) due to circumstances that were not foreseen, and were not reasonably foreseeable at the time the permit was granted, the activity to which the permit relates has resulted in damage, degradation or disruption to the physical environment or to the living resources of the marine park,(c) due to circumstances that were not foreseen, and were not reasonably foreseeable at the time the permit was granted, there is a likely or imminent threat that the activity to which the permit relates will result in damage, degradation or disruption to the physical environment, to the living resources of the marine park or to the appreciation, understanding and enjoyment of the marine park by other persons,(d) the holder has made a statement or an omission in, or in connection with, the holder’s application for the permit that was, in the opinion of the relevant Ministers, false or misleading,(e) the holder has been convicted of an offence under the Act or this Regulation,(f) the relevant Ministers have included in a notice suspending a permit a warning that the permit will be cancelled if the action specified in the notice is not taken within the time specified in the notice and that action has not been taken within that time,(g) the carrying out of the activity to which the permit relates did not commence within the period of 120 days dating from the date of the grant of the permit,(h) any other reason that the relevant Ministers consider appropriate having regard to the objects of the Act.(2) The cancellation of a permit takes effect on the date specified in the notice of the cancellation (being a date occurring on or after the date on which the notice is given).
17 Suspension of permit
(1) A permit may be suspended by the relevant Ministers for any of the reasons specified in clause 16 (1) (a)–(c) or (h) by notice in writing to the holder of the permit.(2) The relevant Ministers may include in the notice suspending a permit a warning that the permit will be cancelled if the action specified in the notice is not taken within the time specified in the notice.(3) The suspension of a permit takes effect on the date specified in the notice of the suspension (being a date occurring on or after the date on which the notice is given).(4) While a suspension is in force, the holder of the permit is taken not to have the consent of the relevant Ministers to carry out the activity to which the permit relates.(5) The relevant Ministers may, at any time, revoke a suspension of a permit.
18 Variation of permit
The relevant Ministers may, by notice in writing to the holder of a permit, vary the conditions of the permit, or add conditions to a permit granted without conditions, for any of the reasons specified in clause 16 (1) (a)–(d) or (h).
19 Surrender of permit
A permit may be surrendered at any time by the holder of the permit giving notice in writing to the relevant Ministers.
20 Restriction of number of permits that may be issued
(1) The relevant Ministers may from time to time determine, in relation to a marine park or a zone within a marine park:(a) the maximum number of permits that may be in force at any one time in relation to the marine park or zone, either generally or in relation to specified activities or classes of activities, and(b) for each activity in respect of which a maximum number has been determined, the priority to be given to different classes of applicant in the consideration of any application for a permit.(2) In making a determination under this clause, the relevant Ministers must have regard to the following:(a) any existing use within the marine park or zone as at the time the marine park or zone came into existence,(b) the environmental, cultural, social or economic impact of the activity,(c) whether or not any such activity is consistent with the assessment criteria.
Part 3 Functions of rangers and Authority
21 Removal of persons from marine park
(1) A marine park ranger may direct a person to leave a marine park or any part of a marine park if, in the opinion of the marine park ranger, the person:(a) is unreasonably interfering with, or is likely to unreasonably interfere with, the Authority’s operations in the marine park, or(b) is unreasonably interfering with a person’s use or enjoyment of the marine park, or(c) has committed an offence against the Act, this Regulation or the Marine Parks (Zoning Plans) Regulation 1999 or is likely to commit such an offence.(2) A person must not fail to comply with such a direction.Maximum penalty: 100 penalty units.(3) A marine park ranger may remove from a marine park, or any part of a marine park, any person who fails to comply with a direction under this clause and any vehicle, vessel, animal or other property in the possession of the person.
22 Removal of property from marine park
(1) A marine park ranger may direct the person responsible for any property to remove the property from a marine park or any part of a marine park if, in the opinion of the marine park ranger, the property:(a) is unreasonably interfering with, or is likely to unreasonably interfere with, the Authority’s operations in the marine park, or(b) is unreasonably interfering with a person’s use or enjoyment of the marine park, or(c) is causing a significant impact on species or habitats, or(d) is likely to create an environmental hazard.(2) A person must not fail to comply with such a direction.Maximum penalty: 100 penalty units.(3) A marine park ranger may remove (or may arrange for another person to remove) from a marine park, or any part of a marine park, any property that is not removed by the person responsible for the property in accordance with a direction under this clause.(4) In this clause:person responsible, in respect of property in a marine park, means:(a) the person who caused the property to be in the marine park, or(b) if the person referred to in paragraph (a) is unknown or is unable to remove the property—the person who has control of the property, or(c) if the persons referred to in paragraphs (a) and (b) are unknown or are unable to remove the property—the owner of the property.property includes a vehicle, vessel or mooring.
23 Removal of heavily fouled vessels from marine park
(1) A marine park ranger may direct the master of a vessel to remove the vessel from the marine park if the ranger reasonably believes that the vessel’s hull or machinery is so heavily fouled by marine organisms that it poses a significant risk of the introduction of exotic animals or plants into the marine park.(2) A master of a vessel must not fail to comply with such a direction.Maximum penalty: 100 penalty units.
24 Information regarding aquaculture or commercial fishing
(1) The Authority may give a written notice to any one or more of the following:(a) the holder of an aquaculture permit who carries out aquaculture in a marine park,(b) a commercial fisher who carries out commercial fishing in a marine park,directing the person to provide the Authority, within such reasonable time as may be specified in the notice, with such information in relation to that aquaculture or commercial fishing as may be specified in the notice.(c) a fishing employer whose nominated fisher carries out commercial fishing in a marine park,(2) A person must not fail to comply with the requirements of a notice served on the person under this clause.Maximum penalty: 100 penalty units.Note—Section 307B of the Crimes Act 1900 makes it an offence (maximum penalty, imprisonment for 2 years, or a fine of $22,000, or both) to give false or misleading information to the Authority in relation to a notice under this clause.(3) In this clause:aquaculture, aquaculture permit and commercial fisher have the same meanings as in the Fisheries Management Act 1994.commercial fishing means any activity involving the taking of any fish for purposes of sale.fishing employer and nominated fisher have the same meanings as in section 122 of the Fisheries Management Act 1994.
25 Things done by ranger or under direction of Authority
An offence is not committed under this Regulation or the Marine Parks (Zoning Plans) Regulation 1999 for anything done:(a) by a marine park ranger in the exercise of his or her functions as a marine park ranger, or(b) by a person under the direction of the Authority or a marine park ranger.
26 Delegation of Authority’s functions
The Authority may delegate the exercise of any of its functions under this Regulation or the Marine Parks (Zoning Plans) Regulation 1999 (other than this power of delegation) to any of the following persons:(a) a member of the Authority,(b) a marine park ranger,(c) a public servant,(d) a person of a class approved by the relevant Ministers.
Part 4 Miscellaneous
27 Advisory Council members—marine conservation interests
(1) For the purposes of section 32 (2) (b) of the Act, the Nature Conservation Council of NSW (the NCC) is the peak group or body to represent the interests of marine conservation.(2) If a vacancy arises in the office of the member of the Advisory Council appointed on the nomination of the NCC (the NCC member), the relevant Ministers must call on the NCC to nominate (within such period as the relevant Ministers may specify) at least 2 candidates from whom a new NCC member is to be appointed.(3) The relevant Ministers are to appoint as the new NCC member whichever of the candidates nominated by the NCC the relevant Ministers consider most suitable for appointment as the NCC member.(4) If the NCC:(a) fails to nominate candidates when called on to do so by the relevant Ministers, orthe relevant Ministers may call on some other group or body (an alternative peak group) to nominate at least 2 candidates and, in that event, the alternative peak group is taken to be the peak group or body to represent the interests of marine conservation for the purposes of section 32 (2) (b) of the Act.(b) fails to nominate a candidate whom the relevant Ministers consider suitable for appointment as the NCC member,(5) Subclauses (2)–(4) apply in relation to an alternative peak group in the same way as they apply in relation to the NCC.
28 Advisory committee members terms of office
For the purposes of section 35 (6) of the Act, clause 2 (2) of Schedule 2 to the Act does not apply to a person who has been appointed as a member of an advisory committee to represent certain interests if, in the opinion of the relevant Ministers, no other person is available to adequately represent those interests.
29 Seizure of things in marine parks
For the purposes of section 36 (3) of the Act, the application of section 265 of the Fisheries Management Act 1994 is modified so that a reference to a forfeiture offence in that section is to be read as a reference to a contravention of any of the following provisions:(a) section 20G (1) or (2) of the Act,(b) a provision of this Regulation or the Marine Parks (Zoning Plans) Regulation 1999, the contravention of which is designated as:(i) a serious offence for the purposes of section 17A of the Act, or(ii) a forfeiture offence.
30 Penalty notice offences
For the purposes of section 38 of the Act:(a) each offence created by a provision of the Act or a Regulation under the Act specified in Column 1 of Schedule 1 is prescribed as a penalty notice offence, and(b) the prescribed penalty for such an offence is the amount specified in Column 2 of Schedule 1.
31 Double jeopardy
A person cannot be convicted of both an offence under this Regulation or the Marine Parks (Zoning Plans) Regulation 1999 and an offence under the Fisheries Management Act 1994 (or the regulations under that Act) in respect of the same act or omission.
32 Exemption for Australian Defence Force activities
(1) This Regulation and the Marine Parks (Zoning Plans) Regulation 1999 do not apply to or in respect of any activity carried out by or under the direction of the Commonwealth Department of Defence (including any arm of the Australian Defence Force).(2) This clause does not prevent the Authority from entering into an arrangement with the Commonwealth with respect to the activities of the Australian Defence Force in marine parks.
33 Saving
Any act, matter or thing that, immediately before the repeal of a provision of the Marine Parks Regulation 1999 by this Regulation, had effect under that provision continues to have effect under this Regulation.
Schedule 1 Penalty notice offences
(Clause 30)
Column 1 | Column 2 |
Offence | Penalty |
Offences under the Act | |
Section 17A | $500 |
Section 20G (1) | $500 |
Section 20G (2) | $500 |
Section 20H (2) | $500 |
Offences under this Regulation | |
Clause 13 (2) | $500 |
Clause 21 (2) | $200 |
Clause 22 (2) | $500 |
Clause 23 (2) | $200 |
Clause 24 (2) | $200 |
Offences under the Marine Parks (Zoning Plans) Regulation 1999 | |
Clause 1.13 (1) | $500 |
Clause 1.14 (1) | $500 |
Clause 1.15 | $500 |
Clause 1.16 (1) (a) | $500 |
Clause 1.16 (1) (b) | $500 |
Clause 1.16 (1) (c) | $500 |
Clause 1.17 (2) (a) | $500 |
Clause 1.17 (2) (b) | $500 |
Clause 1.19 (1) (a) | $500 |
Clause 1.19 (1) (b) | $500 |
Clause 1.19 (1) (c) | $500 |
Clause 1.20 (2) | $500 |
Clause 1.22 (1) (a) | $500 |
Clause 1.22 (1) (b) | $500 |
Clause 1.22 (1) (c) | $500 |
Clause 1.23 (1) | $500 |
Clause 1.25 (1) | $500 |
Clause 1.25 (1A) | $500 |
Clause 1.25 (2) | $500 |
Clause 1.25 (2A) | $500 |
Clause 1.26 (1) (a) | $300 |
Clause 1.26 (1) (b) | $300 |
Clause 1.26 (1) (c) | $300 |
Clause 1.26 (1) (d) | $300 |
Clause 1.26 (1) (e) | $300 |
Clause 1.26 (2) | $300 |
Clause 1.26 (3) | $300 |
Clause 1.27 | $200 |
Clause 1.28 (1) (a) | $300 |
Clause 1.28 (1) (b) | $500 |
Clause 1.28 (1) (c) | $500 |
Clause 1.29 (1) (a) | $300 |
Clause 1.29 (1) (b) | $300 |
Clause 1.29 (1A) | $220 |
Clause 1.31 (1) | $300 |
Clause 1.32 (1) (a) | $500 |
Clause 1.32 (1) (b) | $500 |
Clause 1.33 (a) | $300 |
Clause 1.33 (b) | $300 |
Clause 1.33 (c) | $300 |
Clause 1.33 (d) | $300 |
Clause 1.34 (1) (a) | $200 |
Clause 1.34 (1) (b) | $200 |
Clause 1.34 (1) (c) | $200 |
Clause 1.34 (1) (d) | $200 |
Clause 1.35 (2) | $500 |
Clause 1.36 (1) | $500 |
Clause 1.37 | $500 |
Clause 1.38 (1) (a) | $200 |
Clause 1.38 (1) (b) | $200 |
Clause 1.38 (1) (c) | $500 |
Clause 1.39 | $500 |
Clause 1.40 (1) | $200 |
Clause 2.5 (2) | $500 |
Clause 2.7 (1) | $500 |
Clause 2.8 (1) | $500 |
Clause 2.9 (1) | $500 |
Clause 2.10 (1) (a) | $500 |
Clause 2.10 (1) (b) | $500 |
Clause 2.10 (1) (c) | $500 |
Clause 2.10 (1) (d) | $500 |
Clause 2.11 (1) | $500 |
Clause 2.11 (3) | $500 |
Clause 2.11 (4) | $500 |
Clause 2.12 (2) | $500 |
Clause 2.12 (3) | $500 |
Clause 2.12 (4) | $500 |
Clause 2.13 (2) | $500 |
Clause 2.13 (3) | $500 |
Clause 2.15 (1) | $500 |
Clause 2.16 (1) (a) | $500 |
Clause 2.16 (1) (b) | $500 |
Clause 2.16 (1) (c) | $500 |
Clause 2.17 (2) (a) | $500 |
Clause 2.17 (2) (b) | $500 |
Clause 2.19 (1) (a) | $500 |
Clause 2.19 (1) (b) | $500 |
Clause 2.19 (1) (c) | $500 |
Clause 2.20 (1) | $500 |
Clause 2.20 (2) (a) | $500 |
Clause 2.20 (2) (b) | $500 |
Clause 2.20 (3) | $500 |
Clause 2.21 (1) | $500 |
Clause 2.22 (3) | $500 |
Clause 2.23 (2) (a) | $500 |
Clause 2.23 (2) (b) | $500 |
Clause 2.23 (2) (c) | $500 |
Clause 2.24 (2) (a) | $500 |
Clause 2.24 (2) (b) | $500 |
Clause 2.24 (2) (c) | $500 |
Clause 2.24 (3) | $500 |
Clause 2.26 (1) | $500 |
Clause 2.27 (1) | $500 |
Clause 2.27 (2) | $500 |
Clause 2.29 | $500 |
Clause 2.30 (1) | $500 |
Clause 2.31 (a) | $300 |
Clause 2.31 (b) | $300 |
Clause 2.31 (c) | $500 |
Clause 2.31 (d) | $500 |
Clause 2.32 (1) | $300 |
Clause 2.32 (4) | $300 |
Clause 2.32 (5) | $220 |
Clause 2.33 (1) | $500 |
Clause 2.33 (2) | $500 |
Clause 2.34 (1) | $500 |
Clause 2.35 | $200 |
Clause 2.36 (1) | $300 |
Clause 2.37 (1) | $500 |
Clause 2.37 (2) | $500 |
Clause 2.38 (1) (a) | $300 |
Clause 2.38 (1) (b) | $300 |
Clause 2.38 (1) (c) | $300 |
Clause 2.38 (1) (d) | $300 |
Clause 2.39 (1) (a) | $200 |
Clause 2.39 (1) (b) | $200 |
Clause 2.39 (1) (c) | $200 |
Clause 2.39 (1) (d) | $200 |
Clause 2.40 (1) (a) | $200 |
Clause 2.40 (1) (b) | $200 |
Clause 2.40 (1) (c) | $500 |
Clause 2.41(1) | $200 |
Clause 2.42 (1) (a) | $300 |
Clause 2.42 (1) (b) | $300 |
Clause 2.42 (1) (c) | $300 |
Clause 2.42 (1) (d) | $300 |
Clause 2.42 (1) (e) | $300 |
Clause 2.42 (3) | $300 |
Clause 2.42 (4) | $300 |
Clause 3.5 (2) | $500 |
Clause 3.7 (1) | $500 |
Clause 3.8 (1) | $500 |
Clause 3.9 (1) (a) | $500 |
Clause 3.9 (1) (b) | $500 |
Clause 3.9 (1) (c) | $500 |
Clause 3.10 (2) | $500 |
Clause 3.10 (3) | $500 |
Clause 3.10 (4) | $500 |
Clause 3.10 (6) | $500 |
Clause 3.10 (7) | $500 |
Clause 3.10 (8) (a) | $500 |
Clause 3.10 (8) (b) | $500 |
Clause 3.10 (8) (c) | $500 |
Clause 3.10 (9) (a) | $500 |
Clause 3.10 (9) (b) | $500 |
Clause 3.12 (1) (a) | $500 |
Clause 3.12 (1) (b) | $500 |
Clause 3.12 (1) (c) | $500 |
Clause 3.13 (2) (a) | $500 |
Clause 3.13 (2) (b) | $500 |
Clause 3.16 (1) (a) | $500 |
Clause 3.16 (1) (b) | $500 |
Clause 3.16 (1) (c) | $500 |
Clause 3.17 (2) | $500 |
Clause 3.17 (3) (a) | $500 |
Clause 3.17 (3) (b) | $500 |
Clause 3.17 (3) (c) | $500 |
Clause 3.19 | $500 |
Clause 3.20 (1) | $500 |
Clause 3.21 (1) | $500 |
Clause 3.21 (2) | $500 |
Clause 3.23 | $500 |
Clause 3.24 (1) | $500 |
Clause 3.25 (a) | $300 |
Clause 3.25 (b) | $300 |
Clause 3.25 (c) | $500 |
Clause 3.25 (d) | $500 |
Clause 3.26 (1) (a) | $300 |
Clause 3.26 (1) (b) | $300 |
Clause 3.26 (1) (c) | $300 |
Clause 3.26 (3) | $300 |
Clause 3.26 (4) | $220 |
Clause 3.27 | $500 |
Clause 3.28 | $500 |
Clause 3.29 (1) | $500 |
Clause 3.30 (1) | $500 |
Clause 3.31 | $200 |
Clause 3.32 (1) | $300 |
Clause 3.33 (1) | $500 |
Clause 3.33 (2) | $500 |
Clause 3.34 (1) (a) | $300 |
Clause 3.34 (1) (b) | $300 |
Clause 3.34 (1) (c) | $300 |
Clause 3.34 (1) (d) | $300 |
Clause 3.35 (1) (a) | $200 |
Clause 3.35 (1) (b) | $200 |
Clause 3.35 (1) (c) | $200 |
Clause 3.35 (1) (d) | $200 |
Clause 3.36 (1) (a) | $200 |
Clause 3.36 (1) (b) | $200 |
Clause 3.36 (1) (c) | $500 |
Clause 3.37 (1) | $200 |
Clause 3.38 (1) (a) | $300 |
Clause 3.38 (1) (b) | $300 |
Clause 3.38 (1) (c) | $300 |
Clause 3.38 (1) (d) | $300 |
Clause 3.38 (1) (e) | $300 |
Clause 3.38 (3) | $300 |
Clause 3.38 (4) | $300 |
sch 1: Am 2009 (416), Sch 3; 2011 (29), Sch 2.
Schedule 2 Amendment of Marine Parks Regulation 1999
[1] The whole Regulation (except Schedules 1 and 2)
Omit all Part and Division headings.
[2] Part 1, Division 1, headings
Insert before clause 1:Part 1 General provisions relating to zoning plansDivision 1 Preliminary
[3] Clause 1 Name of Regulation
Insert “(Zoning Plans)” after “Marine Parks”.
[4] Clause 3 Definitions
Omit “Part 3A” from the definition of permit in clause 3 (1).Insert instead “Part 2 of the Marine Parks Regulation 2009”.
[5] Clause 3 (1), definition of “zoning plan” and (2)
Omit “Schedule 1” wherever occurring. Insert instead “Parts 2–7”.
[6] Clause 3 (3)
Insert after clause 3 (2):(3) Notes included in this Regulation do not form part of this Regulation.
[7] Part 1, Division 2, heading
Omit clause 4. Insert instead:Division 2 Marine park zones
[8] Part 1, Division 2, Subdivision 1 and Subdivision 2, heading
Omit clause 5. Insert instead:Subdivision 1 Zoning plans and zone objects5 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.5A Objects of sanctuary zoneThe 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.5B Objects of habitat protection zoneThe 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.5C Objects of general use zoneThe 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.5D Objects of special purpose zoneThe 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.Subdivision 2 Sanctuary zone
[9] Clauses 6, 10, 14 and 18
Omit the clauses.
[10] Part 1, Division 2, Subdivision 3, heading
Insert after clause 9A:Subdivision 3 Habitat protection zone
[11] Clause 11 Protection of animals, plants and habitat in habitat protection zone
Omit “and has a negligible impact on other animals, plants and habitat” from clause 11 (2) (b).Insert instead “or on any other animals, plants or habitats”.
[12] Clause 11 (3)
Insert after clause 11 (2):(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.
[13] Clause 12 Limited fishing activities in habitat protection zone
Insert “, traditional use” after “public health” in clause 12 (3AA).
[14] Part 1, Division 2, Subdivision 4, heading
Insert after clause 13:Subdivision 4 General use zone
[15] Clause 15 Protection of animals, plants and habitat in general use zone
Insert after clause 15 (2):(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.
[16] Part 1, Division 2, Subdivision 5, heading
Insert after clause 17:Subdivision 5 Special purpose zone
[17] Clause 18A Protection of animals, plants and habitat in special purpose zone
Insert after clause 18A (2):(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.
[18] Part 1, Division 3, heading
Insert after clause 18C:Division 3 Regulation of activities
[19] Clause 19 Possession of animals or plants or of equipment used to take animals or plants
Insert after clause 19 (3):(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.
[20] Clauses 20A and 25
Omit the clauses.
[21] Part 1, Division 4, heading
Insert after clause 30:Division 4 Miscellaneous
[22] Note before clause 31 and clauses 31–32M, 33–38 and 38B–40
Omit the note and the clauses.
[23] Schedule 1 Zoning plans for marine parks
Insert “Zoning Plan” after “Park” in the heading to Part 5.
[24] Schedule 1
Transfer Parts 1–6 from the Schedule to after Part 1 of the Regulation and renumber them as Parts 2–7, respectively.
[25] Schedules 1 and 2
Omit the Schedules.
[26] The whole Regulation (as amended by this Regulation)
Renumber each clause so that the clause has 2 numbers separated by a decimal point, with the first number being the number of the Part in which the clause appears and the second number being the appropriate consecutive number according to the position of the clause in the Part, and amend any cross-reference in the Regulation to a renumbered clause (including in any notes) by renumbering the cross-reference accordingly.
Schedule 3 Amendment of Marine Parks Regulation 2009
Schedule 1 Penalty notice offences
Immediately following the renumbering of the Marine Parks (Zoning Plans) Regulation 1999 by Schedule 2 [26] to this Regulation, renumber the cross-references to offences under the Marine Parks (Zoning Plans) Regulation 1999 in Column 1 of Schedule 1 to this Regulation accordingly.