Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The reservation of
a marine park shall be for the purpose of allowing only that level of
recreational and commercial activity which is consistent with the proper
conservation and restoration of the natural environment, the protection of
indigenous flora and fauna and the preservation of any feature of
archaeological, historic or scientific interest.
(2) As soon as
practicable after the reservation of a marine park the Minister shall classify
the park under section 62, or divide the park into areas and classify
each area under section 62, as —
(a) a
general use area;
(b) a
sanctuary area;
(c) a
recreation area; or
(d) a
special purpose area,
in accordance with a
proposal for the classification publicly notified in accordance with
section 14, modified as the Minister thinks fit to give effect to
submissions made under section 14.
(3)
Subsections (5), (6) and (7) have effect despite anything in the
Fish Resources Management Act 1994 , but in the event of any other
conflict or inconsistency between the purpose referred to in
subsection (1) and a provision of, or an activity authorised by, the
Fish Resources Management Act 1994 that relates to aquaculture or to
commercial or recreational fishing, the latter prevails.
(4)
Subsection (8) has effect despite anything in the Pearling Act 1990
, but in the event of any other conflict or inconsistency between the purpose
referred to in subsection (1) and a provision of, or an activity
authorised by, the Pearling Act 1990 that relates to pearling activity,
the latter prevails.
(5) Subject to
section 13D, aquaculture shall not be carried out in any area of a marine
park which is classified under section 62 as —
(a) a
sanctuary area;
(b) a
recreation area; or
(c) a
special purpose area which, or that part of such an area which, the Minister
has declared in the classification notice to be an area where aquaculture
would be incompatible with a conservation purpose specified in the
classification notice,
but aquaculture may be
carried out, in accordance with an authorisation issued under the
Fish Resources Management Act 1994 , in any other area of the marine
park.
(6) Subject to
section 13D, commercial fishing shall not be carried out in any area of a
marine park which is classified under section 62 as —
(a) a
sanctuary area;
(b) a
recreation area; or
(c) a
special purpose area which, or that part of such an area which, the Minister
has declared in the classification notice to be an area where commercial
fishing would be incompatible with a conservation purpose specified in the
classification notice,
but commercial fishing
may be carried out, in accordance with an authorisation issued under the
Fish Resources Management Act 1994 , in any other area of the marine
park.
(7) Subject to
section 13D, recreational fishing shall not be carried out in any area of
a marine park which is classified under section 62 as —
(a) a
sanctuary area;
(b) a
recreation area which, or that part of such an area which, the Minister has
declared in the classification notice to be an area where recreational fishing
would be incompatible with another recreational purpose specified in the
classification notice; or
(c) a
special purpose area which, or that part of such an area which, the Minister
has declared in the classification notice to be an area where recreational
fishing would be incompatible with a conservation purpose specified in the
classification notice,
but recreational
fishing may be carried out, in accordance with the requirements of the
Fish Resources Management Act 1994 , in any other area of the marine
park.
(8) Subject to
section 13D, pearling activity shall not be carried out in any area of a
marine park which is classified under section 62 as —
(a) a
sanctuary area;
(b) a
recreation area; or
(c) a
special purpose area which, or that part of such an area which, the Minister
has declared in the classification notice to be an area where pearling
activity would be incompatible with a conservation purpose specified in the
classification notice,
but pearling activity
may be carried out, in accordance with a licence or permit issued under the
Pearling Act 1990 , in any other area of the marine park.
(9) Despite
section 4(1) but subject to section 13E, exploratory drilling for,
or production of, petroleum, geothermal energy resources or geothermal energy
under the Petroleum and Geothermal Energy Resources Act 1967 or petroleum
under the Petroleum (Submerged Lands) Act 1982 shall not be carried out
in any area of a marine park which is classified under section 62
as —
(a) a
sanctuary area;
(b) a
recreation area; or
(c) a
special purpose area which, or that part of such an area which, the Minister
has declared in the classification notice to be an area where those activities
would be incompatible with a conservation purpose specified in the
classification notice,
but those activities
may be carried out, in accordance with those Acts, in any other area of the
marine park.
(10) The term
“classification notice” used in this section refers to the
relevant notice under section 62(1a).
[Section 13B inserted by No. 5 of 1997
s. 10; amended by No. 35 of 2007 s. 92(5).]