New South Wales Consolidated Acts

MARINE PARKS ACT 1997 - SECT 6

6 Declaration of marine parks

(1) The Governor may, by proclamation, declare an area described in the proclamation to be a marine park.

(2) The area that can be so declared includes:

(a) any area of waters of the sea or subject to tidal influence, or

(b) any area of water, or land, adjacent to such waters, or

(c) any area of land within such waters, or

(d) any area of land from time to time covered by such waters.

(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

(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.

Note: For proclamations relating to marine parks, see the Historical notes.