New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 195

195 Consent required for declarations

(1) The Minister is required to obtain the appropriate consent before declaring an area to be an aquatic reserve.

(2) The appropriate consent for an area (other than an area of public water land) is the consent of the owner of the land concerned.

(3) The appropriate consent for an area of public water land is:

(a) in the case of public water land that is within a dam or reservoir used primarily for domestic water supply or within an area designated by or under an Act as a catchment area in respect of such a dam or reservoir-the consent of:

(i) the authority controlling the dam or reservoir, and

(ii) the Ministers respectively administering the Public Health Act 1991 and the Public Works Act 1912 , and

(b) in the case of public water land that is Crown land-the consent of the Minister administering the Crown Lands Act 1989 , and

(c) in the case of public water land (other than that referred to in paragraph (a)) that is vested in a public authority or in trustees for a public purpose-the consent of that authority or those trustees.

(4) This section does not apply:

(a) to an area of water (other than freshwater) and the land submerged by that water below mean high water mark, or

(b) to an area vested in the Minister, or

(c) to an area subject to an aquaculture lease.