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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Marine Parks Amendment Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Marine Parks Act 1997 No 64 2
4 Amendment of Subordinate Legislation Act 1989 No 146 2
5 Repeal of Act 2
Schedule 1 Amendment of Marine Parks Act 1997 3
Schedule 2 Amendment of Subordinate Legislation Act 1989 19
b2005-036-25.d10
New South Wales
Marine Parks Amendment Bill 2007
No , 2007
A Bill for
An Act to amend the Marine Parks Act 1997 to make further provision with respect
to the management and operation of marine parks; and for other purposes.
Clause 1 Marine Parks Amendment Bill 2007
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Marine Parks Amendment Act 2007. 3
2 Commencement 4
This Act commences on the date of assent. 5
3 Amendment of Marine Parks Act 1997 No 64 6
The Marine Parks Act 1997 is amended as set out in Schedule 1. 7
4 Amendment of Subordinate Legislation Act 1989 No 146 8
The Subordinate Legislation Act 1989 is amended as set out in 9
Schedule 2. 10
5 Repeal of Act 11
(1) This Act is repealed on the day following the day on which this Act 12
commences. 13
(2) The repeal of this Act does not, because of the operation of section 30 14
of the Interpretation Act 1987, affect any amendment made by this Act. 15
Page 2
Marine Parks Amendment Bill 2007
Amendment of Marine Parks Act 1997 Schedule 1
Schedule 1 Amendment of Marine Parks Act 1997 1
(Section 3) 2
[1] Section 4 Definitions 3
Omit the definition of marine park closure from section 4 (1). 4
Insert in alphabetical order: 5
aircraft means any airborne craft, including a fixed wing craft, 6
helicopter, gyrocopter, glider, hang glider, hot air balloon and 7
airship. 8
marine park closure--see section 20A. 9
zoning plan for a marine park means the zoning plan for the 10
marine park established by a regulation referred to in section 11
17B. 12
[2] Section 16 Regulations relating to zoning plans for marine parks 13
Omit the section. 14
[3] Section 17 Other regulations for marine parks 15
Insert "and the possession of animals, plants or materials that have been taken 16
from marine parks" after "marine parks" in section 17 (c). 17
[4] Section 17 (j) 18
Insert after section 17 (i): 19
(j) regulating or prohibiting the use of aircraft over or within 20
marine parks. 21
[5] Section 17A Offences against management regulations 22
Insert "or Division 1A" after "this Division" in section 17A. 23
[6] Part 3, Division 1A 24
Insert after section 17A: 25
Division 1A Zoning plans 26
17B Regulations relating to zoning plans for marine parks 27
(1) Without affecting the generality of Division 1, the regulations 28
may make provision for or with respect to the use and 29
management of a marine park by means of a zoning plan set out 30
in the regulations. 31
Page 3
Marine Parks Amendment Bill 2007
Schedule 1 Amendment of Marine Parks Act 1997
(2) A zoning plan may include provisions for or with respect to the 1
following: 2
(a) the classification of areas within a marine park (for 3
example as sanctuary zones, habitat protection zones and 4
general use zones), 5
(b) the uses that are permitted or prohibited within such areas, 6
(c) the management of such areas. 7
(3) The relevant Ministers must not recommend the making of 8
regulations that establish a zoning plan unless the relevant 9
Ministers are satisfied that the provisions of this Division have 10
been complied with in the making of the regulations. 11
(4) Failure to comply with any provision of this Division does not 12
affect the validity of a regulation establishing a zoning plan. 13
17C Making zoning plans for marine parks 14
(1) The Authority, in consultation with the advisory committee for a 15
marine park, is to cause a draft zoning plan to be prepared within 16
18 months after the declaration of the marine park. 17
(2) The Authority is to submit the draft zoning plan to the relevant 18
Ministers together with any comments from the advisory 19
committee for the marine park. 20
(3) Within 3 months after receiving the draft zoning plan, the 21
relevant Ministers are to: 22
(a) cause public notice to be given of the draft zoning plan, or 23
(b) refer the draft zoning plan back to the Authority for further 24
consideration. 25
(4) The notice is to: 26
(a) specify the address of each place at which copies of the 27
draft zoning plan are available, and 28
(b) invite submissions to be made on the draft zoning plan 29
before the date specified in the notice (being a date not less 30
than 3 months after the date of the notice), and 31
(c) specify the address to which submissions are to be 32
forwarded. 33
(5) The relevant Ministers are to consider: 34
(a) any submissions made before the date referred to in 35
subsection (4) (b), or such later date as the relevant 36
Ministers allow, and 37
Page 4
Marine Parks Amendment Bill 2007
Amendment of Marine Parks Act 1997 Schedule 1
(b) any comments from the advisory committee for the marine 1
park. 2
(6) Within 3 months after the date referred to in subsection (4) (b) the 3
relevant Ministers are to: 4
(a) submit a regulation to the Governor setting out the zoning 5
plan for the marine park with such modifications, if any, as 6
the relevant Ministers think fit, or 7
(b) refer the draft zoning plan back to the Authority for further 8
consideration. 9
17D Review of zoning plans for marine parks 10
(1) In this section, the review date for a zoning plan for a marine park 11
is: 12
(a) for the first review of the zoning plan--the date that is 13
5 years after the commencement of the first zoning plan 14
made for the marine park, or 15
(b) for the second or any subsequent review of the zoning 16
plan--the date that is 10 years after the previous review 17
date for the zoning plan. 18
(2) The Authority is to conduct a review of the zoning plan for each 19
marine park as soon as practicable after the review date for the 20
zoning plan to determine whether the plan remains appropriate 21
for securing the objects of this Act. 22
(3) In conducting a review, the Authority is to prepare a review 23
report that includes: 24
(a) the assessment of existing arrangements for: 25
(i) the conservation of natural and cultural heritage, 26
and 27
(ii) sustainable resource use, and 28
(iii) the management of zones, and 29
(b) any relevant findings and recommendations arising from 30
the review, and 31
(c) such other information arising from the review as the 32
Authority considers appropriate. 33
(4) The review report is to be referred to the advisory committee for 34
the marine park concerned for comment. 35
(5) A copy of the review report, including any comments from the 36
advisory committee for the marine park, is to be given to the 37
Page 5
Marine Parks Amendment Bill 2007
Schedule 1 Amendment of Marine Parks Act 1997
relevant Ministers no later than 12 months after the relevant 1
review date for the plan. 2
(6) Within 3 months after receiving a review report, the relevant 3
Ministers are to direct the Authority to: 4
(a) cause a draft zoning plan to be prepared to replace the 5
zoning plan for the marine park, or 6
(b) cause a draft zoning plan to be prepared to amend the 7
zoning plan for the marine park, or 8
(c) take such other action in relation to the marine park as 9
specified by the relevant Ministers. 10
17E Amending zoning plans for marine parks 11
(1) The relevant Ministers may, at any time, recommend the making 12
of a regulation to amend the zoning plan for a marine park. 13
(2) Without limiting subsection (1), the relevant Ministers may 14
recommend the making of a regulation to amend the zoning plan 15
for a marine park as a consequence of any of the following: 16
(a) the publication of a critical habitat declaration, threat 17
abatement plan or recovery plan under the Threatened 18
Species Conservation Act 1995, 19
(b) the publication of a critical habitat declaration, threat 20
abatement plan or recovery plan under the Fisheries 21
Management Act 1994, 22
(c) the making of any instrument under the Environment 23
Protection and Biodiversity Conservation Act 1999 of the 24
Commonwealth in relation to species, ecological 25
communities, places or activities that is relevant to the 26
marine park, 27
(d) the making of a proclamation under this Act varying the 28
area of the marine park. 29
(3) At the direction of the relevant Ministers, the Authority is, in 30
consultation with the advisory committee for the marine park, to 31
cause a draft zoning plan to be prepared to amend a zoning plan. 32
(4) Section 17C (2)(6) apply to the making of an amendment to the 33
zoning plan for a marine park in the same way as they apply to 34
the making of a zoning plan under that section unless the relevant 35
Ministers are of the opinion that: 36
(a) the amendment is to be made as a consequence of any 37
event referred to in subsection (2) (a)(c), or 38
(b) the proposed amendment is of a minor nature. 39
Page 6
Marine Parks Amendment Bill 2007
Amendment of Marine Parks Act 1997 Schedule 1
17F Relationship with other plans of management 1
If an area within a marine park is subject to a plan of management 2
under the National Parks and Wildlife Act 1974 or the Crown 3
Lands Act 1989, the zoning plan for the marine park prevails over 4
the plan of management to the extent of any inconsistency. 5
[7] Section 18 Mining in marine parks prohibited 6
Insert after section 18 (3): 7
(4) This section does not apply to or in respect of sand extraction for 8
the purpose of beach nourishment. 9
[8] Section 19 Development within marine park--application of EPA Act 10
Omit section 19 (1) (a) (ii). Insert instead: 11
(ii) if there is a zoning plan for the marine park, the 12
objects of the zone within which the area concerned 13
is situated as specified in that zoning plan, and 14
[9] Section 19 (1) (a) (iv) 15
Insert after section 19 (1) (a) (iii): 16
(iv) any relevant marine park closures, and 17
[10] Section 19 (2) (a) (ii) 18
Omit the subparagraph. Insert instead: 19
(ii) if there is a zoning plan for the marine park, the 20
objects of the zone within which the area concerned 21
is situated as specified in that zoning plan, and 22
[11] Section 19 (2) (a) (iv) 23
Insert after 19 (2) (a) (iii): 24
(iv) any relevant marine park closures, and 25
[12] Section 19 (3) (a) (ii) 26
Omit the subparagraph. Insert instead: 27
(ii) if there is a zoning plan for the marine park, the 28
objects of the zone within which the area concerned 29
is situated as specified in that zoning plan, and 30
[13] Section 19 (3) (a) (iv) 31
Insert after section 19 (3) (a) (iii): 32
(iv) any relevant marine park closures, and 33
Page 7
Marine Parks Amendment Bill 2007
Schedule 1 Amendment of Marine Parks Act 1997
[14] Section 19 (4) (b) 1
Omit the paragraph. Insert instead: 2
(b) if there is a zoning plan for the marine park, the objects of 3
the zone within which the area concerned is situated as 4
specified in that zoning plan, and 5
[15] Section 19 (4) (d) 6
Insert at the end of section 19 (4) (c): 7
, and 8
(d) any relevant marine park closures. 9
[16] Section 20A Prohibition of activities in marine parks 10
Insert after section 20A (3) (a): 11
(a1) without limiting paragraph (a), may prohibit the carrying 12
out of an activity unless the consent of the Authority or a 13
permit issued by the Authority has been obtained, and 14
[17] Section 20H Removal of wrecked vessels and other property from 15
marine parks 16
Omit section 20H (1). Insert instead: 17
(1) In this section: 18
person responsible, in respect of removable property, means: 19
(a) the person who caused the property to be in the marine 20
park, or 21
(b) if the person referred to in paragraph (a) is unknown or is 22
unable to remove the property--the person who has 23
control of the property, or 24
(c) if the persons referred to in paragraphs (a) and (b) are 25
unknown or are unable to remove the property--the owner 26
of the property. 27
removable property includes: 28
(a) any sunken or wrecked vessel, or 29
(b) any abandoned property, or 30
(c) anything unlawfully erected or placed. 31
[18] Section 20H (2) 32
Omit "the owner of or person responsible for any unused property". 33
Insert instead "the person responsible for any removable property". 34
Page 8
Marine Parks Amendment Bill 2007
Amendment of Marine Parks Act 1997 Schedule 1
[19] Section 20H (2) 1
Omit "owner or". 2
[20] Section 20H (2) 3
Omit "500" and "100". Insert instead "1000" and "200", respectively. 4
[21] Section 20H (3) 5
Omit "unused" wherever occurring. Insert instead "removable". 6
[22] Section 20H (4A) 7
Insert after section 20H (4): 8
(4A) If, in the opinion of the Authority, significant environmental 9
damage has been, or is likely to be, caused by removable property 10
in a marine park, the Authority may take such steps as the 11
Authority considers appropriate to do any or all of the following: 12
(a) repair or remedy any damage to the environment caused by 13
the property, 14
(b) mitigate any damage to the environment caused by the 15
property, 16
(c) prevent any further damage to the environment by the 17
property. 18
[23] Section 20H (5) 19
Omit "owner of or person responsible for the unused property". 20
Insert instead "person responsible for the removable property". 21
[24] Section 20H (6) 22
Omit "unused property" wherever occurring. 23
Insert instead "removable property". 24
[25] Section 21 Relationship with Coastal Protection Act 1979 25
Omit the section. 26
[26] Section 23 Preparation of operational plan for marine park 27
Omit "after the declaration of the marine park". 28
Insert instead "after the establishment of a zoning plan for the marine park". 29
Page 9
Marine Parks Amendment Bill 2007
Schedule 1 Amendment of Marine Parks Act 1997
[27] Sections 2426A 1
Omit sections 2426C. Insert instead: 2
24 Objective of operational plan for marine park 3
The objective of an operational plan for a marine park is to 4
identify and define a scheme of the strategies, actions or activities 5
that are proposed to be undertaken by the Authority (including 6
arrangements with other agencies) to operate a marine park, 7
consistent with the zoning plan for the marine park and the 8
objects of this Act. 9
25 Adoption of operational plan 10
(1) The Authority is to prepare a draft operational plan for a marine 11
park having regard to the zoning plan for the park and the objects 12
of this Act. 13
(2) The Authority is to refer the draft operational plan to the advisory 14
committee for the marine park concerned for consideration and 15
advice. 16
(3) The Authority is to consider any comments it receives from the 17
advisory committee for the marine park within the period 18
specified by the Authority when referring the plan (being a period 19
of not less than 28 days). 20
(4) The Authority is to adopt an operational plan for a marine park as 21
soon as practicable and, before doing so, may make such changes 22
(if any) to the draft plan as it thinks appropriate to take account 23
of the comments received from the advisory committee. 24
26 Alteration or replacement of operational plan for marine park 25
(1) The Authority may, at any time, amend or replace the operational 26
plan for a marine park. 27
(2) Without limiting subsection (1), the Authority may amend or 28
replace the operational plan for the marine park as a consequence 29
of a review conducted under section 26A. 30
(3) Section 25 applies to the amendment or replacement of an 31
operational plan under this section in the same way as it applies 32
to the initial operational plan for a marine park. 33
26A Review of operational plan for marine park 34
(1) The Authority is to review the operational plan for a marine park 35
as soon as practicable after the zoning plan for the marine park is 36
amended or replaced. 37
Page 10
Marine Parks Amendment Bill 2007
Amendment of Marine Parks Act 1997 Schedule 1
(2) Despite subsection (1), the Authority is not required to review the 1
operational plan for a marine park under that subsection after the 2
amendment of the zoning plan for the marine park if the 3
Authority is of the opinion that the amendment is minor in nature. 4
[28] Section 28 Relationship with other plans of management 5
Omit the section. 6
[29] Section 29 Establishment of Marine Parks Authority 7
Omit section 29 (2). Insert instead: 8
(2) The Authority consists of: 9
(a) the Director-General of the Department of Premier and 10
Cabinet who is to be the Chairperson of the Authority, and 11
(b) the Director-General of the Department of Primary 12
Industries, and 13
(c) the Director-General of the Department of Environment 14
and Climate Change. 15
[30] Section 31 Staff of the Authority 16
Omit "National Parks and Wildlife Service, NSW Fisheries". 17
Insert instead "Department of Environment and Climate Change, Department 18
of Primary Industries". 19
[31] Section 32 Establishment of Marine Parks Advisory Council 20
Omit "Director-General of NSW Fisheries, the Director-General of National 21
Parks and Wildlife" from section 32 (2). 22
Insert instead "Director-General of the Department of Primary Industries, the 23
Director-General of the Department of Environment and Climate Change". 24
[32] Section 33 Functions of Marine Parks Advisory Council 25
Insert "from a statewide perspective" after "matters" in section 33 (2). 26
[33] Section 33 (2) (a) 27
Omit "and variations of the areas of marine parks". 28
[34] Section 33 (2) (b) 29
Omit the paragraph. 30
Page 11
Marine Parks Amendment Bill 2007
Schedule 1 Amendment of Marine Parks Act 1997
[35] Sections 35 and 35AA 1
Omit section 35. Insert instead: 2
35 Establishment of marine parks advisory committees 3
(1) The relevant Ministers must establish an advisory committee for 4
each marine park. 5
(2) An advisory committee is to include such members as are 6
appointed by the relevant Ministers who, in the opinion of the 7
relevant Ministers, represent the interests of the following: 8
(a) marine conservation, 9
(b) marine science, 10
(c) Aboriginal people, 11
(d) the tourism industry, 12
(e) commercial fishers, 13
(f) recreational fishers, 14
(g) scuba divers, 15
(h) local councils. 16
(3) The advisory committee for a marine park may include more than 17
one representative in respect of each interest referred to in 18
subsection (2) and other representatives as determined by the 19
relevant Ministers. 20
(4) The relevant Ministers must publicly call for nominations for 21
members of an advisory committee to represent the interests 22
referred to in subsection (2), other than for members to represent 23
the interests of local councils. 24
(5) The relevant Ministers are to nominate a member of the advisory 25
committee to be the chairperson of the advisory committee. 26
(6) The provisions of Schedule 2 apply to an advisory committee in 27
the same way as they apply to the Advisory Council with any 28
necessary modifications, including modifications (if any) 29
prescribed by the regulations. 30
(7) In this section, modification includes addition, exception, 31
omission or substitution. 32
35AA Functions of marine parks advisory committees 33
(1) An advisory committee has such functions as are conferred on it 34
by or under this or any other Act. 35
Page 12
Marine Parks Amendment Bill 2007
Amendment of Marine Parks Act 1997 Schedule 1
(2) In particular, advisory committees are, on the request of the 1
relevant Ministers or the Authority, to advise on any of the 2
following matters relating to the marine park in relation to which 3
the advisory committee was established: 4
(a) provisions of an operational plan or zoning plan for the 5
marine park, 6
(b) the appropriate classification of areas within the marine 7
park for the purposes of a proposed zoning plan for the 8
marine park, 9
(c) the conservation of marine biological diversity, 10
(d) the ecologically sustainable use of the marine park and 11
whether any particular use of the marine park is not 12
ecologically sustainable, 13
(e) the use and enjoyment of the marine park by members of 14
the public, 15
(f) the application of marine park closures. 16
[36] Section 35A Marine park rangers 17
Omit section 35A (2). Insert instead: 18
(2) The relevant Ministers may appoint an officer or employee of a 19
Government Department or a public or local authority as a 20
marine park ranger for the purposes of this Act. 21
[37] Section 36 Application of Fisheries Management Act 1994 22
Omit "National Parks and Wildlife" from section 36 (2) (d). 23
Insert instead "the Department of Environment and Climate Change". 24
[38] Section 37 Application of National Parks and Wildlife Act 1974 25
Omit "Director of NSW Fisheries" from section 37 (2) (a). 26
Insert instead "Director-General of the Department of Primary Industries". 27
[39] Section 42 Marine Parks Fund 28
Omit section 42 (2) (a). Insert instead: 29
(a) the costs and expenses incurred by the relevant Ministers, 30
the Director-General of the Department of Primary 31
Industries, the Director-General of the Department of 32
Environment and Climate Change and the Authority in the 33
carrying out of functions under this Act, and 34
Page 13
Marine Parks Amendment Bill 2007
Schedule 1 Amendment of Marine Parks Act 1997
[40] Section 44 1
Omit the section. Insert instead: 2
44 Nominees 3
(1) The Director-General of the Department of Premier and Cabinet 4
may nominate an officer of that Department to act in the place of 5
the Director-General as a member of the Authority. 6
(2) The Director-General of the Department of Environment and 7
Climate Change may nominate an officer of that Department to 8
act in the place of the Director-General as a member of the 9
Authority or the Advisory Council. 10
(3) The Director-General of the Department of Primary Industries 11
may nominate an officer of that Department to act in the place of 12
the Director-General as a member of the Authority or the 13
Advisory Council. 14
(4) A nominee appointed under this section by the Director-General 15
of the Department of Premier and Cabinet has, while acting in the 16
place of the Director-General as a member of the Authority, all of 17
the functions of a member of the Authority (including the 18
functions of the Chairperson) and is taken to be such a member. 19
(5) A nominee appointed under this section by the Director-General 20
of the Department of Environment and Climate Change has, 21
while acting in the place of the Director-General as a member of 22
the Authority or the Advisory Council, all of the functions of a 23
member of the Authority or the Advisory Council (as the case 24
may be) and is taken to be such a member. In the case of a 25
nominee to act as a member of the Advisory Council, those 26
functions include any functions of the Director-General in 27
relation to chairing meetings of the Advisory Council. 28
(6) A nominee appointed under this section by the Director-General 29
of the Department of Primary Industries has, while acting in the 30
place of the Director-General as a member of the Authority or the 31
Advisory Council, all of the functions of a member of the 32
Authority or the Advisory Council (as the case may be) and is 33
taken to be such a member. In the case of a nominee to act as a 34
member of the Advisory Council, those functions include any 35
functions of the Director-General in relation to chairing meetings 36
of the Advisory Council. 37
[41] Section 48 Regulations 38
Omit "100" from section 48 (2). Insert instead "200". 39
Page 14
Marine Parks Amendment Bill 2007
Amendment of Marine Parks Act 1997 Schedule 1
[42] Schedule 2 Provisions relating to members and procedure of Advisory 1
Council 2
Omit the definition of appointed member from clause 1. Insert instead: 3
appointed member means a member appointed by the relevant 4
Ministers. 5
[43] Schedule 2, clause 4 6
Insert after clause 4 (2): 7
(3) The Authority may request that the relevant Ministers exercise 8
their power under subclause (2) to remove a person from office 9
if, in the opinion of the Authority, the person becomes unable to 10
adequately represent the interests that the member was appointed 11
to represent, or is unable to adequately provide the expertise that 12
the member was appointed to provide. 13
(4) The relevant Ministers may, but need not, remove a person from 14
office in response to a request from the Authority under 15
subclause (3). 16
[44] Schedule 2, clause 6 17
Omit "the Director of NSW Fisheries and the Director-General of National 18
Parks and Wildlife". 19
Insert instead "the Director-General of the Department of Primary Industries 20
and the Director-General of the Department of Environment and Climate 21
Change". 22
[45] Schedule 2, clauses 12 and 13 23
Insert after clause 11: 24
12 Alternate members 25
(1) The relevant Ministers may, from time to time, appoint a person 26
to be the alternate of an appointed member, and the relevant 27
Ministers may revoke any such appointment. 28
(2) In the absence of an appointed member, the member's alternate 29
may, if available, act in the place of the member. 30
(3) While acting in the place of an appointed member, the alternate 31
of the member: 32
(a) has all of the functions of the member and is taken to be the 33
member, and 34
Page 15
Marine Parks Amendment Bill 2007
Schedule 1 Amendment of Marine Parks Act 1997
(b) is entitled to be paid such allowances as the relevant 1
Ministers may from time to time determine in respect of 2
the person. 3
(4) For the purposes of this clause, a vacancy in the office of an 4
appointed member is taken to be an absence of the appointed 5
member. 6
(5) For the purposes of this clause, the functions of an appointed 7
member do not include the member's functions as the 8
Chairperson, unless the relevant Ministers otherwise direct. 9
13 Transaction of business outside meetings or by telephone 10
(1) The Advisory Council may, if it thinks fit, transact any of its 11
business by the circulation of papers among all of the members 12
of the Advisory Council for the time being, and a resolution in 13
writing approved in writing by a majority of the members is taken 14
to be a decision of the Advisory Council. 15
(2) The Advisory Council may, if it thinks fit, transact any of its 16
business at a meeting at which members (or some members) 17
participate by telephone, closed-circuit television or other means, 18
but only if any member who speaks on a matter before the 19
meeting can be heard by the other members. 20
(3) For the purposes of: 21
(a) the approval of a resolution under subclause (1), or 22
(b) a meeting held in accordance with subclause (2), 23
the Chairperson and each member have the same voting rights as 24
they have at an ordinary meeting of the Advisory Council. 25
(4) A resolution approved under subclause (1) is, subject to the 26
regulations, to be recorded in the minutes of the meetings of the 27
Advisory Council. 28
(5) Papers may be circulated among the members for the purposes of 29
subclause (1) by facsimile or other transmission of the 30
information in the papers concerned. 31
[46] Schedule 3 Savings, transitional and other provisions 32
Insert at the end of clause 1 (1): 33
Marine Parks Amendment Act 2007 34
Page 16
Marine Parks Amendment Bill 2007
Amendment of Marine Parks Act 1997 Schedule 1
[47] Schedule 3, clause 2 1
Omit "Director of NSW Fisheries" from clause 2 (7) (b). 2
Insert instead "Director-General of the Department of Primary Industries". 3
[48] Schedule 3, Part 4 4
Insert after Part 3: 5
Part 4 Provisions consequent on enactment of 6
Marine Parks Amendment Act 2007 7
6 Definitions 8
In this Part: 9
amending Act means the Marine Parks Amendment Act 2007. 10
existing zoning plan means a zoning plan prescribed by 11
regulations in force immediately before the repeal of section 16 12
by the amending Act. 13
7 Existing zoning plans for marine parks 14
(1) On the repeal of section 16 by the amending Act, an existing 15
zoning plan is taken to have been made for the purposes of 16
Division 1A of Part 3 of this Act (as inserted by the amending 17
Act). 18
(2) Despite section 17D (1) (a), the review date for the purposes of 19
that section for the first review of the Solitary Islands Marine 20
Park Zoning Plan and the Jervis Bay Marine Park Zoning Plan is 21
the date of commencement of section 17D. 22
8 Existing marine park advisory committee 23
(1) An advisory committee in existence under section 35 24
immediately before its substitution by the amending Act is taken 25
to have been validly established under section 35 as so 26
substituted. 27
(2) A person who, immediately before the substitution of section 35 28
by the amending Act, was a member of an advisory committee 29
for a marine park continues to be a member of the advisory 30
committee for the marine park for the remainder of the term of 31
office. 32
Page 17
Marine Parks Amendment Bill 2007
Schedule 1 Amendment of Marine Parks Act 1997
9 Existing operational plans for marine parks 1
An operational plan that was in force immediately before the 2
substitution of section 25 by the amending Act is taken to have 3
been adopted under that section as so substituted. 4
10 Existing marine park rangers 5
A person who, immediately before the amendment of section 6
35A by the amending Act, was a marine park ranger is taken to 7
have been validly appointed as a marine park ranger under 8
section 35A as so amended. 9
11 Existing nominees 10
A nomination in force under section 44 immediately before the 11
substitution of that section by the amending Act is taken to be a 12
nomination under that section as so substituted. 13
Page 18
Marine Parks Amendment Bill 2007
Amendment of Subordinate Legislation Act 1989 Schedule 2
Schedule 2 Amendment of Subordinate Legislation 1
Act 1989 2
(Section 4) 3
[1] Section 10 Staged repeal of statutory rules 4
Insert after section 10 (4): 5
(5) This section does not apply in respect of a regulation comprising 6
only provisions relating to zoning plans for marine parks under 7
the Marine Parks Act 1997. 8
[2] Schedule 3 Matters not requiring regulatory impact statements 9
Insert at the end of the Schedule: 10
9 A zoning plan for a marine park under the Marine Parks Act 11
1997. 12
Page 19
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