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MARINE PARKS ACT 2007 - SECT 10

MARINE PARKS ACT 2007 - SECT 10

10—Establishment of marine parks

        (1)         The Governor may, by proclamation made on the recommendation of the Minister—

            (a)         establish a specified area as a marine park; and

            (b)         assign a name to the marine park so established.

        (2)         The Minister must, in formulating a recommendation for the purposes of subsection (1), seek, and have regard to, the advice of the Council.

        (3)         The area to be specified by proclamation as a marine park is to consist of a part of the sea that is within the limits of the State or the coastal waters of the State, and may include land or waters held by, or on behalf of, the Crown within or adjacent to the specified part of the sea.

        (4)         A proclamation under this section—

            (a)         must define the boundaries of the marine park; and

            (b)         may, on the recommendation of the Minister, contain provisions ("interim protection orders ) that prohibit or restrict activities within the marine park with a view to ensuring that areas in a marine park are not adversely affected prior to the adoption by the Minister of a management plan for the marine park.

        (5)         The Minister must take into account the following matters before making a recommendation under subsection (4)(b)—

            (a)         any management arrangements that are already applying in relation to the area; and

            (b)         any development authorisations that have been given under the Planning, Development and Infrastructure Act 2016 in relation to the area; and

            (c)         any advice received from the Council,

and may take into account such other matters as the Minister thinks fit.

        (6)         A person must not contravene an interim protection order contained in a proclamation under this section.

Maximum penalty: $100 000 or imprisonment for 2 years.

        (7)         The Minister must, after the Governor has established a marine park under this section, in the manner prescribed by the regulations, give public notice of the making of the relevant proclamation and, in so doing—

            (a)         specify a place or places where copies of the proclamation may be inspected or purchased; and

            (b)         invite submissions from interested persons within a period (of at least 6 weeks) specified by the Minister on the boundaries of the marine park.

        (8)         The Minister must consider any submissions received under subsection (7)(b) and may, after taking into account any matters or advice determined by the Minister to be relevant in the circumstances, recommend to the Governor that the boundaries of the marine park be altered.

        (9)         The Governor may, by subsequent proclamation (whether or not a process under subsection (7) or (8) has been completed)—

            (a)         abolish a marine park established under this section; or

            (b)         on the recommendation of the Minister, alter the boundaries of a marine park established under this section; or

            (c)         alter the name of a marine park established under this section; or

            (d)         on the recommendation of the Minister, vary or revoke an interim protection order contained in a proclamation under this section.

        (10)         The Minister must, in formulating a recommendation for the purposes of paragraphs (b) and (d) of subsection (9), seek, and have regard to, the advice of the Council.

        (11)         Subject to subsection (13), a proclamation must not be made under subsection (9)(a) or (b), by virtue of which an area ceases to be, or ceases to be included in, a marine park, except in accordance with a resolution passed by both Houses of Parliament.

        (12)         Notice of a motion for a resolution under subsection (11) must be given at least 14 sitting days before the motion is passed.

        (13)         Subsection (11) does not apply to a proclamation made on the recommendation of the Minister under subsection (8) within 6 months of the publication of a notice under subsection (7).