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New South Wales
Marine Parks Amendment Bill 2000
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Marine Parks Act 1997 No 64 2
4 Amendment of Native Title (New South Wales) Act 1994
No 45 2
Schedules
1 Amendment of Marine Parks Act 1997 3
2 Amendment of Native Title (New South Wales) Act 1994 25
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2000
New South Wales
Marine Parks Amendment Bill 2000
Act No , 2000
An Act to amend the Marine Parks Act 1997 with respect to the declaration of
marine parks and the carrying out of activities within marine parks; to amend the
Native Title (New South Wales) Act 1994 consequentially; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Marine Parks Amendment Bill 2000
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Marine Parks Amendment Act 2000.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Marine Parks Act 1997 No 64
The Marine Parks Act 1997 is amended as set out in Schedule 1.
4 Amendment of Native Title (New South Wales) Act 1994 No 45
The Native Title (New South Wales) Act 1994 is amended as set out in
Schedule 2.
Page 2
Marine Parks Amendment Bill 2000
Amendment of Marine Parks Act 1997 Schedule 1
Schedule 1 Amendment of Marine Parks Act 1997
(Section 3)
[1] Section 4 Definitions
Insert in alphabetical order:
Commonwealth Native Title Act means the Native Title Act
1993 of the Commonwealth.
native title holder has the same meaning as it has in the
Commonwealth Native Title Act.
owner has the same meaning as in the Local Government Act
1993, and includes a native title holder.
registered native title body corporate has the same meaning as
it has in the Commonwealth Native Title Act.
registered native title claimant has the same meaning as it has
in the Commonwealth Native Title Act.
[2] Section 4
Omit the definition of marine park ranger. Insert instead:
marine park closure--see section 20A (2).
marine park ranger--see section 35A (1).
[3] Section 4 (2)
Insert at the end of section 4:
(2) Notes in the text of this Act do not form part of this Act.
[4] Section 6 Declaration of marine parks
Omit section 6 (3) and (4). Insert instead:
(3) A proclamation must not be made under this section:
(a) in respect of an area of Crown lands above mean high
water mark without the consent of the Minister
administering the Crown Lands Act 1989, and
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Marine Parks Amendment Bill 2000
Schedule 1 Amendment of Marine Parks Act 1997
(b) in respect of any area of land above mean high water
mark (whether or not Crown lands) without the consent
of the owner of the land.
(4) A declaration under this section in relation to an area is not
affected by:
(a) an existing interest in respect of land in the area, or
(b) a change of ownership of land in the area.
(5) Subject to this Act, a provision of this Act or the regulations
has effect in relation to an area of a marine park despite any
such existing interest or change of ownership, unless the
provision otherwise specifies.
[5] Section 9 Variation of area of marine park
Insert after ", but may only vary a marine park to remove an area if the
relevant Ministers certify in writing that the area is no longer required to be
part of the marine park for the purpose of attaining the objects of this Act"
after "marine park" in section 9 (1).
[6] Section 9 (3)
Insert after section 9 (2):
(3) The provisions of section 6 (2)(5) apply to a variation of an
area under this section that adds an area to a marine park in the
same way as those provisions apply to the declaration of an
area as a marine park.
[7] Section 14A
Insert after section 14:
14A Consent of owners
If an owner of land whose consent is required under section 6
or 9 to the making of a proclamation declaring an area to be a
marine park or adding an area to a marine park cannot, after
diligent inquiry, be found or identified, the proclamation may
be made without the consent of that owner.
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Marine Parks Amendment Bill 2000
Amendment of Marine Parks Act 1997 Schedule 1
[8] Part 3, Division 1, heading
Insert before section 15:
Division 1 Regulations for the management, protection
and conservation of marine parks
[9] Section 16 Regulations relating to zoning plans for marine parks
Insert "or such further period as the relevant Ministers allow" after "notice"
in section 16 (5) (a).
[10] Section 16 (5)
Insert at the end of section 16 (5) (b):
, and
(c) any submissions made by a person who is the holder of
an existing interest within the marine park within the
period specified for that purpose in the notice or such
further period as the relevant Ministers allow.
[11] Section 17A
Insert after section 17:
17A Offences against management regulations
A person is guilty of an offence if the person contravenes a
provision of the regulations referred to in this Division, being
a contravention that is designated by the regulations as a
serious offence.
Maximum penalty: In the case of a corporation, 1,000 penalty
units or, in any other case, 500 penalty units.
[12] Part 3, Division 2, heading
Insert before section 18:
Division 2 Development and activities within marine
parks
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Marine Parks Amendment Bill 2000
Schedule 1 Amendment of Marine Parks Act 1997
[13] Section 19
Omit the section. Insert instead:
19 Development within marine park--application of EPA Act
(1) Before determining a development application under Part 4 of
the Environmental Planning and Assessment Act 1979 for the
carrying out of development within a marine park, a consent
authority must:
(a) take into consideration:
(i) the objects of this Act specified in section 3, and
(ii) if a zoning plan for the marine park is contained
in the regulations as referred to in section 16, the
objects of the zone within which the area
concerned is situated as specified in the zoning
plan, and
(iii) the permissible uses of the area concerned under
the regulations, and
(b) if the consent authority intends to grant consent to the
carrying out of the development, obtain the concurrence
of the relevant Ministers to the granting of the consent.
(2) A Minister who is a determining authority must not carry out,
or grant approval to carry out, an activity (within the meaning
of Part 5 of the Environmental Planning and Assessment Act
1979) within a marine park unless the Minister has:
(a) taken into consideration:
(i) the objects of this Act specified in section 3, and
(ii) if a zoning plan for the marine park is contained
in the regulations as referred to in section 16, the
objects of the zone within which the area
concerned is situated as specified in the zoning
plan, and
(iii) the permissible uses of the area concerned under
the regulations, and
(b) in the case of an activity for which an environmental
impact statement is required to be prepared under
Division 3 of that Part, consulted with the relevant
Ministers on the carrying out of the activity or the
granting of approval.
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Marine Parks Amendment Bill 2000
Amendment of Marine Parks Act 1997 Schedule 1
(3) A determining authority (not being a Minister) must not carry
out, or grant approval to carry out, an activity (within the
meaning of Part 5 of the Environmental Planning and
Assessment Act 1979) unless the determining authority has:
(a) taken into consideration:
(i) the objects of this Act specified in section 3, and
(ii) if a zoning plan for the marine park is contained
in the regulations as referred to in section 16, the
objects of the zone within which the area
concerned is situated as specified in the zoning
plan, and
(iii) the permissible uses of the area concerned under
the regulations, and
(b) in the case of an activity for which an environmental
impact statement is required to be prepared under
Division 3 of that Part, obtained the concurrence of the
relevant Ministers to the carrying out of the activity or
the granting of approval.
(4) In deciding whether or not concurrence should be granted
under this section, the relevant Ministers must take into
consideration:
(a) the objects of this Act specified in section 3, and
(b) if a zoning plan for the marine park is set out in the
regulations as referred to in section 16, the objects of the
area concerned specified in the zoning plan, and
(c) the permissible uses of the area concerned under the
regulations.
(5) The provisions of section 79B (8)(11) of the Environmental
Planning and Assessment Act 1979, and the regulations under
that Act, apply to and in respect of a requirement under this
section to obtain the concurrence of the relevant Ministers in
the same way as they apply to a requirement to obtain
concurrence imposed on a consent authority by an
environmental planning instrument under that Act.
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Marine Parks Amendment Bill 2000
Schedule 1 Amendment of Marine Parks Act 1997
(6) For the purposes of applying those provisions, a reference in
those provisions to the matters stated pursuant to section 30 (3)
of the Environmental Planning and Assessment Act 1979
(however expressed) is to be read as a reference to the objects
of this Act specified in section 3 and the permissible uses of the
area concerned under the regulations.
[14] Part 3
Insert after section 20:
Division 3 Marine park closures
20A Prohibition of activities in marine parks
(1) The relevant Ministers may from time to time, by notification,
prohibit the carrying out of any specified activity (including the
taking of fish) in a marine park or part of a marine park.
(2) Any such prohibition is called a marine park closure.
(3) A marine park closure:
(a) may apply absolutely or subject to conditions, and
(b) must specify the activities that are prohibited and the
area to which it applies, and
(c) may only apply to the marine park specified in the
notification, and
(d) has effect despite any provision of the regulations.
20B Publication of notification of marine park closure
(1) The notification of a marine park closure is to be published:
(a) in the Gazette, and
(b) in a newspaper circulating, or by radio or television
broadcast, in the area adjacent to the marine park to
which the closure applies, and
(c) by causing a copy of the notification to be exhibited in
a prominent place or places adjacent to the marine park
to which the closure applies.
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Marine Parks Amendment Bill 2000
Amendment of Marine Parks Act 1997 Schedule 1
(2) However, if the relevant Ministers consider that the marine
park closure is required urgently, they may publish the
notification in accordance with subsection (1) (b) or (c) so long
as they publish the notification in the Gazette as soon as
practicable.
20C General provisions relating to marine park closures
(1) A marine park closure takes effect on the first publication of
the notification or on a later date specified in the notification.
(2) A marine park closure remains in force, subject to this Act, for
the period (not exceeding 5 years) specified in the notification,
but may be remade (with or without modification) by a further
notification in accordance with this Division.
20D Amendment or revocation of closures
The relevant Ministers may from time to time amend or revoke
a marine park closure by a further notification published in
accordance with this Division.
20E General provisions relating to closures
Sections 42, 43 and 45 of the Interpretation Act 1987 apply to
notifications of marine park closures in the same way as they
apply to statutory rules within the meaning of that Act.
Note. The above provisions of the Interpretation Act 1987 relate to
standard provisions authorising the adoption of other publications by
reference, the making of differential closures, the amendment or repeal of
closures and judicial notice and presumptions as to validity for closures.
20F Regulations relating to closures
The regulations may make provision for or with respect to
giving effect to marine park closures or to any other matter
relating to marine park closures.
20G Offence provisions
(1) A person who carries out any activity in contravention of a
marine park closure is guilty of an offence.
Maximum penalty: In the case of a corporation, 1,000 penalty
units or, in any other case, 200 penalty units or imprisonment
for 6 months, or both.
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Marine Parks Amendment Bill 2000
Schedule 1 Amendment of Marine Parks Act 1997
(2) A person who is in possession of any animal, plant, rock, sand
or other thing that has been taken in contravention of a marine
park closure is guilty of an offence.
Maximum penalty: In the case of a corporation, 500 penalty
units or, in any other case, 100 penalty units or imprisonment
for 3 months, or both.
(3) It is a defence to a prosecution for an offence under
subsection (2) if the person charged satisfies the court that the
person did not know and could not reasonably have known that
the animal, plant, rock, sand or other thing had been taken in
contravention of a provision of or made under this Act.
Division 4 Miscellaneous
20H Removal of wrecked vessels and other property from marine
parks
(1) In this section, unused property means:
(a) any sunken or wrecked vessel, or
(b) any abandoned property, or
(c) anything unlawfully erected or placed.
(2) The Authority may, by notice in writing, direct the owner of or
person responsible for any unused property in a marine park to
remove the property within such time as is specified in the
notice. Any such owner or person who fails, without reasonable
excuse, to comply with the direction is guilty of an offence.
Maximum penalty: In the case of a corporation, 500 penalty
units or, in any other case, 100 penalty units or imprisonment
for 3 months, or both.
(3) The Authority may remove, or authorise the removal of, any
unused property in such manner as the Authority thinks fit
(whether or not the Authority has issued a direction for its
removal under this section). The unused property may be
removed by its destruction if it is reasonable to do so in the
circumstances.
(4) The Authority may, subject to and in accordance with the
regulations, dispose of anything removed under this section.
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Marine Parks Amendment Bill 2000
Amendment of Marine Parks Act 1997 Schedule 1
(5) The Authority may recover as a debt in a court of competent
jurisdiction the reasonable costs and expenses incurred by the
Authority in the exercise of the Authority's powers under this
section from the owner of or person responsible for the unused
property.
(6) Except in the case of an emergency, the Authority must not
give a direction for the removal of any unused property, or
remove or authorise the removal of any unused property, that
the Authority is of the opinion is likely to have significant
cultural or ecological value unless the Authority:
(a) has made an assessment of that cultural or ecological
value, and
(b) has forwarded a copy of that assessment to the relevant
advisory committee at least 4 weeks before giving the
direction or removing or authorising the removal of the
unused property.
[15] Section 25 Adoption of operational plan for marine park
Insert "or such further period as the relevant Ministers allow" after
"subsection (4)" in section 25 (6) (a).
[16] Section 25 (6)
Insert at the end of section 25 (6) (b):
and
(c) any comments made by persons who are the holders of
existing interests within the marine park within the
period specified for that purpose in the notice referred
to in subsection (4) or such further period as the
relevant Ministers allow,
[17] Section 25 (8)
Insert after section 25 (7):
(8) The relevant Ministers are to ensure that an operational plan for
a marine park is adopted as soon as practicable and, in any
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Marine Parks Amendment Bill 2000
Schedule 1 Amendment of Marine Parks Act 1997
event, within 12 months after the making of the first regulation
that sets out a zoning plan for the marine park (as referred to in
section 16). However, the operational plan is not invalid merely
because it was adopted after that 12-month period.
[18] Sections 26A26C
Insert after section 26:
26A Annual review of operational plan for marine park
(1) The advisory committee for a marine park may review the
operational plan for the marine park every 12 months to
determine whether or not the plan is effective and is being
satisfactorily implemented.
(2) The advisory committee must forward a report on the outcome
of the review to the relevant Ministers, the Authority and the
Advisory Council as soon as practicable after its completion.
(3) The report is to include any recommendations of the advisory
committee as to how the operational plan could be made more
effective or could be better implemented.
26B Review of operational plan for marine park
(1) The Authority is to commence to conduct a review of the
operational plan for each marine park before the expiration of
the period of 5 years after the adoption of the operational plan.
(2) If the Authority considers that significant changes have been
made to the zoning plan for a marine park (as referred to in
section 16), the Authority is to commence to conduct a review
of the operational plan for the marine park as soon as
practicable after the making of the regulation containing those
changes.
(3) The Authority is to cause public notice to be given of a
proposed review under this section.
(4) The notice is:
(a) to invite submissions to be made within the period
specified in the notice (being a period of not less than 3
months after the date of the notice), and
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Marine Parks Amendment Bill 2000
Amendment of Marine Parks Act 1997 Schedule 1
(b) to specify the address to which such submissions are to
be forwarded.
(5) In conducting the review, the Authority is to consider any
submissions made within the period specified for that purpose
in the notice or such further period as the Authority allows.
(6) The Authority must forward a report on the outcome of the
review to the relevant Ministers, the Advisory Council and the
relevant advisory committee within 3 months after the
expiration of the period allowed under this section for the
making of submissions in respect of the review.
26C Preparation of new operational plan for marine park following
review
(1) On the completion of a review under section 26B of an
operational plan for a marine park, the Authority is to cause a
new operational plan to be prepared for the marine park.
(2) The provisions of this Part (section 23 excepted) apply to an
operational plan required to be prepared under this section in
the same way as those provisions apply to an operational plan
required to be prepared under section 23.
(3) However, an operational plan for a marine park required to be
prepared under this section must be referred to the Advisory
Council and the advisory committee for the marine park within
3 months after the report is forwarded as referred to in section
26B (6).
(4) An operational plan for a marine park required to be prepared
under this section is not invalid merely because the relevant
report is forwarded after the 3-month period referred to in
section 26B (6) or the operational plan is referred to the
Advisory Council or the advisory committee for the marine
park after the 3-month period referred to in subsection (3).
(5) On the adoption of an operational plan for a marine park
required to be prepared under this section the previous
operational plan for the marine park is revoked.
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Marine Parks Amendment Bill 2000
Schedule 1 Amendment of Marine Parks Act 1997
[19] Section 29 Establishment of Marine Parks Authority
Insert after section 29 (2):
(2A) The Authority is subject to the control and direction of the
relevant Ministers in the exercise of its functions.
[20] Section 32 Establishment of Marine Parks Advisory Council
Omit "at least one being an expert in marine conservation" from section
32 (2) (b).
Insert instead "one being an expert in marine conservation and one being
nominated by a peak group or body generally recognised for its interest in
conservation, as provided for in the regulations".
[21] Section 32 (3)
Omit "subsection (2) (a)".
Insert instead "the position referred to in subsection (2) (a) and the position
for which a person is required to be nominated in accordance with
subsection (2) (b)".
[22] Section 35 Marine parks advisory committees
Omit "Authority" in section 35 (1). Insert instead "relevant Ministers".
[23] Section 35 (2)
Insert ", marine science" after "marine conservation".
[24] Section 35 (3)
Omit "Authority is" from section 35 (3).
Insert instead "relevant Ministers are".
[25] Section 35 (4) and (4A)
Omit section 35 (4). Insert instead:
(4) An advisory committee has such functions as are conferred on
it by or under this or any other Act.
(4A) The principal function of an advisory committee is to advise
the relevant Ministers and the Authority on the management of
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Marine Parks Amendment Bill 2000
Amendment of Marine Parks Act 1997 Schedule 1
each marine park for which the advisory committee was
established and, in particular, on the following matters:
(a) the appropriate classification of areas within the marine
park for the purposes of proposed zoning plans (as
referred to in section 16) and associated provisions to be
included in the regulations,
(b) the provisions of an operational plan for the marine
park,
(c) the conservation of marine biological diversity within
the marine park,
(d) the ecologically sustainable use of the marine park and
whether any particular use of the marine park is not
ecologically sustainable,
(e) the use and enjoyment of the marine park by members
of the public.
[26] Section 35A
Insert before section 36:
35A Marine park rangers
(1) For the purposes of this Act, a marine park ranger means:
(a) a person appointed as a marine park ranger in
accordance with this section, or
(b) a police officer.
(2) The relevant Ministers may appoint any of the following
persons as a marine park ranger for the purposes of this Act:
(a) an officer of the National Parks and Wildlife Service
referred to in section 6 of the National Parks and
Wildlife Act 1974,
(b) a fisheries officer within the meaning of the Fisheries
Management Act 1994,
(c) an officer or employee of a government Department or
a public or local authority.
(3) The relevant Ministers are not to appoint as a marine park
ranger a person who is:
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Marine Parks Amendment Bill 2000
Schedule 1 Amendment of Marine Parks Act 1997
(a) an officer or employee of a local council without first
obtaining the consent of the general manager of the
council to the appointment, or
(b) an officer or employee of any other public or local
authority without first obtaining the consent of the
employer of the person to the appointment.
[27] Section 39 Proceedings for offences
Omit "$10,000" from section 39 (2). Insert instead "$20,000".
[28] Section 42 Marine Parks Fund
Insert at the end of section 42 (1) (b):
, and
(c) any gift or bequest of money made for payment into the
Fund.
[29] Section 43A
Insert after section 43:
43A Delegations
(1) The relevant Ministers may delegate a function conferred by or
under this Act on the relevant Ministers (other than the power
of delegation conferred by this subsection) to the Authority.
(2) The Authority may delegate the exercise of any of its functions
(other than this power of delegation) to any person, except as
provided by subsection (3).
(3) The Authority may delegate any of the functions delegated to
it under this section by the relevant Ministers, but only to the
extent authorised by the relevant Ministers.
[30] Sections 44A44C
Insert after section 44:
44A Service of documents generally
A document that is authorised or required by this Act or the
regulations to be served on any person may be served by:
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Marine Parks Amendment Bill 2000
Amendment of Marine Parks Act 1997 Schedule 1
(a) in the case of a natural person:
(i) delivering it to the person personally, or
(ii) sending it by post to the address specified by the
person for the giving or service of documents or,
if no such address is specified, the residential or
business address of the person last known to the
person giving or serving the document, or
(iii) sending it by facsimile transmission to the
facsimile number of the person, or
(b) in the case of a body corporate:
(i) leaving it with a person apparently of or above
the age of 16 years at, or by sending it by post
to, the head office, a registered office or a
principal office of the body corporate or to an
address specified by the body corporate for the
giving or service of documents, or
(ii) sending it by facsimile transmission to the
facsimile number of the body corporate.
44B Service of documents on native title holders
(1) If a document is authorised or required by this Act or the
regulations to be served on a person who is a native title holder
in relation to an area, service of the document is taken to be
effected in accordance with section 44A if the document is
served on a registered native title body corporate in relation to
the area.
(2) If no approved determination of native title (within the
meaning of the Commonwealth Native Title Act) exists in
relation to the area concerned, a document authorised or
required by this Act or the regulations to be served on a person
who is a native title holder who cannot be identified may be
served on any such person by serving it, in a manner authorised
by section 44A on:
(a) any representative Aboriginal/Torres Strait Islander
bodies for an area that includes the area concerned, and
(b) any registered native title claimants in relation to the
area concerned.
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Marine Parks Amendment Bill 2000
Schedule 1 Amendment of Marine Parks Act 1997
44C Meaning of "diligent inquiry"
(1) For the purposes of section 14A, a diligent inquiry to identify
a person is the taking of the following actions:
(a) the searching of the following registers:
(i) the Register kept under the Real Property Act
1900, and
(ii) the General Register of Deeds kept under the
Conveyancing Act 1919, and
(iii) the National Native Title Register kept under the
Commonwealth Native Title Act,
(b) placing, on a board or other structure in a conspicuous
place on the land concerned, a notice:
(i) stating that it is intended to declare the land as
part of a marine park, and
(ii) inviting the owner of the land to contact the
Authority at a specified address,
(c) publishing a notice referred to in paragraph (b) in a
newspaper circulating in the vicinity of the land
concerned and in a newspaper circulating generally in
New South Wales.
(2) For the purposes of section 14A, a person who is a native title
holder is taken to have been unable, after diligent inquiry, to be
found or identified if:
(a) notice of the proposed proclamation is served by the
relevant Ministers in accordance with section 44B, and
(b) at the expiration of the period of 4 months commencing
on service of the notice, the person is neither a
registered native title claimant nor a registered native
title body corporate in relation to the land concerned.
[31] Section 45 Native title rights and interests
Omit the section.
[32] Schedule 3 Savings, transitional and other provisions
Insert before clause 1 of Schedule 3:
Part 1 Preliminary
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Marine Parks Amendment Bill 2000
Amendment of Marine Parks Act 1997 Schedule 1
[33] Schedule 3, clause 1 (1)
Insert at the end of clause 1 (1):
Marine Parks Amendment Act 2000
[34] Schedule 3
Insert before clause 2:
Part 2 Provisions consequent on enactment of
this Act
[35] Schedule 3, clause 2
Omit the clause. Insert instead:
2 Regulations relating to aquatic reserves
(1) If an aquatic reserve under the Fisheries Management Act 1994
is revoked by a declaration of a marine park under this Act, the
provisions of the regulations under Division 2 of Part 7 of that
Act relating to the aquatic reserve (as in force on the
declaration of the marine park) continue to have effect in
relation to the marine park and are taken to be regulations
under this Act and may be amended or repealed accordingly.
(2) Despite subclause (1), on the commencement of this clause,
provisions the same as the provisions of Parts 1 and 9 of the
Fisheries Management (Aquatic Reserves) Regulation 1995 (as
in force immediately before 1 September 2000) are taken to
form a regulation that may be cited as the Marine Parks
(Solitary Islands) Regulation 2000.
(3) The Marine Parks (Solitary Islands) Regulation 2000 is taken
to be a regulation made under this Act and may be amended or
repealed accordingly.
(4) Part 2 of the Subordinate Legislation Act 1989 does not apply
to a regulation taken to have been made under this Act by the
operation of this clause.
(5) For the purposes of section 10 of the Subordinate Legislation
Act 1989:
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Schedule 1 Amendment of Marine Parks Act 1997
(a) a regulation taken to have been made under this Act by
the operation of subclause (1) is taken to have been
published on the revocation of the relevant declaration
referred to in that subclause, and
(b) the regulation referred to in subclause (3) is taken to
have been published on the date of commencement of
this clause.
(6) Sections 39, 40 and 41 of the Interpretation Act 1987 do not
apply to a regulation taken to have been made by the operation
of this clause.
(7) In any regulation taken to have been made under this Act by
the operation of this clause:
(a) a reference to the relevant aquatic reserve is taken to be
a reference to a marine park, and
(b) a reference to the Director of NSW Fisheries is taken to
be a reference to the Authority.
(8) A defence under section 36 or 37 of the Fisheries Management
Act 1994 applies to an offence against a regulation referred to
in subclause (4).
[36] Schedule 3, Part 3
Insert after clause 2:
Part 3 Provisions consequent on enactment of
Marine Parks Amendment Act 2000
3 Declaration of certain marine parks
(1) The declarations of the Jervis Bay Marine Park and the Solitary
Islands Marine Park published in the Gazette on 2 January
1998 and Lord Howe Island Marine Park published in the
Gazette on 26 February 1999:
(a) are taken to have been validly proclaimed in accordance
with the provisions of Part 2 as in force at the time each
of those proclamations was made, and
(b) are revoked on the commencement of this clause.
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Amendment of Marine Parks Act 1997 Schedule 1
(2) On the commencement of this clause:
(a) the areas described in Part 1 of Schedule 4 are declared
to be a marine park to be known as "Jervis Bay Marine
Park", and
(b) the areas described in Part 2 of Schedule 4 are declared
to be a marine park to be known as "Solitary Islands
Marine Park", and
(c) the areas described in Part 3 of Schedule 4 are declared
to be a marine park to be known as "Lord Howe Island
Marine Park".
(3) The declaration of an area to be a marine park by the operation
of subclause (2) is taken to be a declaration made in accordance
with section 6 and may be revoked or varied in accordance
with this Act.
(4) In Schedule 4:
Lord Howe Island has the same meaning as Island in section
3 (1) of the Lord Howe Island Act 1953.
tidal lands means any area of land that is covered from time to
time by tidal waters, and that is above the lowest astronomical
tide level.
tidal limit means to the limit of tidal influence at mean high
water mark.
tidal waters means any area of waters of the sea or subject to
tidal influence.
(5) Latitudes and longitudes referred to in Schedule 4 are latitudes
and longitudes determined by reference to the Australian
Geodetic Datum 1966 (AGD66).
4 Advisory committees
(1) An advisory committee established by the Authority under
section 35 and in existence immediately before the
commencement of Schedule 1 [15] to the Marine Parks
Amendment Act 2000 is taken on that commencement to have
been established under that section by the relevant Ministers.
(2) A person holding office as chairperson of an advisory
committee under section 35 immediately before the
commencement of Schedule 1 [17] to the Marine Parks
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Marine Parks Amendment Bill 2000
Schedule 1 Amendment of Marine Parks Act 1997
Amendment Act 2000 is taken on that commencement to have
been appointed as chairperson by the relevant Ministers.
5 Marine park rangers
A person who, immediately before the commencement of
section 35A, was authorised under paragraph (a) or (b) of the
definition of marine park ranger in section 4 (as in force
immediately before the commencement of Schedule 1 [2] to the
Marine Parks Amendment Act 2000) to be a marine park ranger
is taken to have been appointed by the relevant Ministers as a
marine park ranger under section 35A.
[37] Schedule 4
Insert after Schedule 3:
Schedule 4 Declaration of marine parks
(Schedule 3, clause 3)
Part 1 Jervis Bay Marine Park
All Crown lands beneath tidal and coastal waters including Jervis Bay and
its tidal tributaries to mean high water mark, within the area set out below,
together with the waters within that area but not including any area within
Booderee National Park as proclaimed under the National Parks and
Wildlife Conservation Act 1975 of the Commonwealth:
(a) commencing at a point at mean high water mark at the most northerly
point of Kinghorn Point reef on Warrain Beach (3457'54"S,
15046'42"E),
(b) then due east to a position at 3457'54"S, 15047'12"E being 500
metres seaward of the territorial sea baseline (declared under section 7
of the Seas and Submerged Lands Act 1973 of the Commonwealth in
the Commonwealth of Australia Gazette S29 of 9 February 1983) at the
most northerly point of Kinghorn Point reef on Warrain Beach,
(c) then generally in a south-easterly direction to a position at 3459'36"S,
15050'30"E being 1500 metres due north of the most northerly point
at Little Beecroft Head,
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Marine Parks Amendment Bill 2000
Amendment of Marine Parks Act 1997 Schedule 1
(d) then generally in a south-easterly direction to a position at 3500'54"S,
15052'00"E being a point 1500 metres due east of the most easterly
point at the territorial sea baseline of Beecroft Head,
(e) then generally in a southerly direction to a position at 3504'36"S,
15051'00"E being a point 1500 metres due east of the most easterly
point at the territorial sea baseline of Crocodile Head,
(f) then generally in a south-westerly direction to a position at 3506'36"S,
15048'18"E being a point 1500 metres due south of the most
southerly point at the territorial sea baseline of Point Perpendicular,
(g) then generally in a southerly direction to a position at 3510'18"S,
15046'18"E being a point 1500 metres due east of the most easterly
point at the territorial sea baseline of Cape St George,
(h) then generally in a south-westerly direction to a position at 3512'54"S,
15041'42"E being a point 1500 metres due south of the most
southerly point at the territorial sea baseline of St Georges Head,
(i) then generally in a south-westerly direction to a position at 3511'6"S,
15035'42"E being a point at mean high water mark of the most
southerly point of Bherwerre Beach,
(j) then generally north along the coast at mean high water mark of
Bherwerre Beach, Bherwerre Peninsula and all its tidal tributaries,
Bowen Island, Jervis Bay and all its tidal tributaries, Beecroft Peninsula
and all its tidal tributaries, Currarong Beach, and Kinghorn Point reef,
to the point of commencement described in paragraph (a) above.
Part 2 Solitary Islands Marine Park
All Crown lands beneath tidal and coastal waters to mean high water mark,
within the area set out below, together with the waters within that area:
(a) commencing at a point at mean high water mark at the most easterly
point of Plover Island (2940'24"S, 15319'49"E),
(b) then along a line drawn along latitude 2940'24"S, to a point 3 nautical
miles due east of the territorial sea baseline (declared under section 7 of
the Seas and Submerged Lands Act 1973 of the Commonwealth in the
Commonwealth of Australia Gazette S29 of 9 February 1983),
(c) then generally in a southerly direction, including all coastal waters
within 3 nautical miles of the territorial sea baseline of the coast, and
within 3 nautical miles of the territorial sea baseline of North West
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Marine Parks Amendment Bill 2000
Schedule 1 Amendment of Marine Parks Act 1997
Rock, North Solitary Island, North Rock, North West Solitary Island,
South West Solitary Island, South Solitary Island and Split Solitary
Island, to a point 3 nautical miles due east of the territorial sea baseline
at the eastern most point of Muttonbird Island,
(d) then along a line drawn along latitude 3018'25"S, to a point at mean
high water mark of the eastern most point of Muttonbird Island
(3018'25"S, 1539'12"E),
(e) then generally in a northerly direction along the coast at mean high
water mark, including all rivers, estuaries, bays, lagoons and inlets
upstream to their tidal limit, and tidal lands, including Plover Island, to
the point of commencement described in paragraph (a) above.
Part 3 Lord Howe Island Marine Park
All Crown lands beneath tidal and coastal waters surrounding Lord Howe
Island to mean high water mark, together with those waters.
Page 24
Marine Parks Amendment Bill 2000
Amendment of Native Title (New South Wales) Act 1994 Schedule 2
Schedule 2 Amendment of Native Title (New South
Wales) Act 1994
(Section 4)
[1] Section 104A Saving of native title rights and interests with respect to
national parks and other reservations or dedications or declarations
Insert the following paragraph (appropriately lettered) at the end of section
104A (1):
() a proclamation under the Marine Parks Act 1997 that
declares an area of land or waters to be a marine park or
part of a marine park (including a provision of an Act
that is taken to operate as such a proclamation).
[2] Section 104A (3)
Insert ", the Marine Parks Act 1997" after "the Wilderness Act 1987".
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