New South Wales Consolidated Acts

MARINE PARKS ACT 1997 - SECT 19

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 there is a zoning plan for the marine park, the objects of the zone within which the area concerned is situated as specified in that zoning plan, and

(iii) the permissible uses of the area concerned under the regulations, and

(iv) any relevant marine park closures, 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 there is a zoning plan for the marine park, the objects of the zone within which the area concerned is situated as specified in that zoning plan, and

(iii) the permissible uses of the area concerned under the regulations, and

(iv) any relevant marine park closures, 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.

(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 there is a zoning plan for the marine park, the objects of the zone within which the area concerned is situated as specified in that zoning plan, and

(iii) the permissible uses of the area concerned under the regulations, and

(iv) any relevant marine park closures, 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 there is a zoning plan for the marine park, the objects of the zone within which the area concerned is situated as specified in that zoning plan, and

(c) the permissible uses of the area concerned under the regulations, and

(d) any relevant marine park closures.

(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.

(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.