New South Wales: Marine Estate Management Act 2014 (NSW)

Marine Estate Management Act 2014 No 72 An Act to provide for the strategic exercise of government functions in the management of the marine estate of New South Wales; for the declaration and management of marine parks and aquatic reserves; and for other purposes. Part 1 Preliminary 1 Name of Act This Act is the Marine Estate Management Act 2014. 2 Commencement This Act commences on a day or days to be appointed by proclamation. 3 Objects of Act The objects of this Act are as follows— (a) to provide for the management of the marine estate of New South Wales consistent with the principles of ecologically sustainable development in a manner that— (i) promotes a biologically diverse, healthy and productive marine estate, and (ii) facilitates— • economic opportunities for the people of New South Wales, including opportunities for regional communities, and • the cultural, social and recreational use of the marine estate, and • the maintenance of ecosystem integrity, and • the use of the marine estate for scientific research and education, (b) to promote the co-ordination of the exercise, by public authorities, of functions in relation to the marine estate, (c) to provide for the declaration and management of a comprehensive system of marine parks and aquatic reserves. 4 Definitions (1) In this Act— aircraft means any airborne craft, including a fixed wing craft, helicopter, gyrocopter, glider, hang glider, hot air balloon, drone and airship. animal means any animal-life (other than human), whether vertebrate or invertebrate and in any stage of biological development, and includes a dead animal. aquatic reserve means an aquatic reserve declared under Division 2 of Part 5. authorised officer—see section 66. Authority means the Marine Estate Management Authority established under Division 1 of Part 2. biological diversity means the diversity of life and is made up of the following 3 components— (a) genetic diversity—the variety of genes (or units of heredity) in any population, (b) species diversity—the variety of species, (c) ecosystem diversity—the variety of communities of ecosystems. Commonwealth Native Title Act means the Native Title Act 1993 of the Commonwealth. Crown land has the same meaning as it has in the Crown Land Management Act 2016. diligent inquiry—see section 79. function includes a power, authority or duty, and exercise a function includes perform a duty. management plan for a marine park or an aquatic reserve means the management plan for the marine park or aquatic reserve adopted under Division 5 of Part 5. management rules for a marine park or an aquatic reserve means the management rules for the marine park or aquatic reserve set out in a regulation referred to in section 42. marine park means a marine park declared under Division 1 of Part 5. marine estate—see section 6. Marine Protected Areas Fund means the Marine Protected Areas Fund established under section 74. mineral includes coal, shale or petroleum. native title holder has the same meaning as it has in the Commonwealth Native Title Act. owner has the same meaning as it has in the Local Government Act 1993, and includes a native title holder. plant means any plant-life, whether vascular or non-vascular and in any stage of biological development, and includes fungi, lichens and dead plants. possession of a thing includes having the thing under control at any place, even though some other person has physical possession of the thing. principles of ecologically sustainable development—see subsection (2). public authority includes— (a) a Minister of the Crown, or (b) a government department, or (c) a statutory body representing the Crown, or (d) the trustee or trustees of land reserved or dedicated for any public use or purpose, or (e) a State owned corporation, or (f) a member of staff or other person who exercises functions on behalf of any of the above. public water land means land submerged by water (whether permanently or intermittently), being— (a) Crown land, or (b) land vested in a local council or public authority, or (c) land vested in trustees for public recreation or for any other public purpose, or (d) land acquired by the Minister administering the Fisheries Management Act 1994 under Division 1 of Part 8 of that Act, but does not include land which is the subject of an aquaculture lease under that Act or land of which a person has exclusive possession under a lease under any other Act. registered native title body corporate has the same meaning as it has in the Commonwealth Native Title Act. registered native title claimant has the same meaning as it has in the Commonwealth Native Title Act. relevant Ministers—see section 5. vessel has the same meaning as it has in the Marine Safety Act 1998. wetlands includes marshes, mangroves, swamps, or other areas that form a shallow body of water when inundated intermittently or permanently with brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) For the purposes of this Act, the principles of ecologically sustainable development require the effective integration of economic, social and environmental considerations in decision-making processes. Ecologically sustainable development can be achieved through the implementation of the following— (a) the precautionary principle, (b) inter-generational equity, (c) conservation of biological diversity and ecological integrity, (d) improved valuation, pricing and incentive mechanisms. (3) Notes included in this Act do not form part of this Act. 5 Reference to relevant Ministers (1) In this Act, a reference to the relevant Ministers is a reference to the Minister for the Environment and the Minister for Agriculture and Western New South Wales. (2) If a provision of this Act requires or authorises the relevant Ministers to take any action or decide any matter, the provision is taken only to require or authorise the relevant Ministers to take the action jointly or decide the matter jointly. 6 Meaning of "marine estate" In this Act, the marine estate means the following— (a) the coastal waters of the State within the meaning of Part 10 of the Interpretation Act 1987, (b) estuaries (being any part of a river whose level is periodically or intermittently affected by coastal tides) up to the highest astronomical tide, (c) lakes, lagoons and other partially enclosed bodies of water that are permanently, periodically or intermittently open to the sea, (d) coastal wetlands (including saltmarsh, mangroves and seagrass), (e) lands immediately adjacent to, or in the immediate proximity of, the coastal waters of the State that are subject to oceanic processes (including beaches, dunes, headlands and rock platforms), (f) any other place or thing declared by the regulations to be the marine estate, but does not include any place or thing declared by the regulations not to be the marine estate. Part 2 Administration Division 1 Marine Estate Management Authority 7 Establishment of Marine Estate Management Authority (1) There is established by this Act an advisory committee to be called the Marine Estate Management Authority. (2) The Authority consists of— (a) a person appointed by the relevant Ministers who is to be the Chairperson of the Authority, and (b) the Secretary of Regional NSW, and (c) a Public Service senior executive principally involved in the administration of the Biodiversity Conservation Act 2016 and who is designated by the Secretary of the Department of Planning, Industry and Environment, and (d) a Public Service senior executive principally involved in the administration of the Environmental Planning and Assessment Act 1979 and who is designated by the Secretary of the Department of Planning, Industry and Environment, and (e) the Secretary of the Department of Transport, and (f) a person appointed by the relevant Ministers to chair the Marine Estate Expert Knowledge Panel (if the Panel has been established). (3) Schedule 1 deals with the constitution and procedure of the Authority. (4) For the purposes of this clause— Public Service senior executive has the meaning given by the Government Sector Employment Act 2013, Part 4, Division 4. 8 Functions of the Authority (1) The Authority has the functions that are conferred or imposed on it by or under this or any other Act. (2) In particular, the Authority has the following functions— (a) to advise the relevant Ministers on the management of the marine estate and in relation to any matter referred to it by the relevant Ministers, (b) to undertake assessments of threats and risks to the marine estate, (c) to prepare a draft marine estate management strategy for submission to the relevant Ministers in consultation with the relevant public service agencies, (d) without limiting paragraph (a), to advise the relevant Ministers on the implementation of the marine estate management strategy by public authorities, (e) to promote collaboration and co-ordination between public authorities in their exercise of functions relating to the management of the marine estate, (f) to foster consultation with the community in relation to the management of the marine estate and the preparation of the marine estate management strategy. Division 2 Marine Estate Expert Knowledge Panel 9 Establishment and functions of Marine Estate Expert Knowledge Panel (1) The relevant Ministers may establish a Marine Estate Expert Knowledge Panel. (2) The Marine Estate Expert Knowledge Panel may provide advice to the Authority on any matter referred to it by the Authority. (3) The regulations may make provision for the constitution and procedures of the Marine Estate Expert Knowledge Panel. However, in establishing any such Panel, the relevant Ministers must seek to include on the Panel persons with expertise in the fields of the ecological, economic or social sciences. (4) The Marine Estate Expert Knowledge Panel is not subject to the control and direction of the relevant Ministers or the Authority in respect of any advice it provides to the Authority. Part 3 Marine estate management strategy 10 Purpose of marine estate management strategy The purpose of a marine estate management strategy is to set the over-arching strategy for the State government to co-ordinate the management of the marine estate with a focus on achieving the objects of this Act. 11 Preparation of draft marine estate management strategy (1) The Authority is to prepare a draft marine estate management strategy and submit the draft strategy to the relevant Ministers for approval. (2) A draft marine estate management strategy is to be prepared and submitted as soon as practicable after the commencement of this section and at any later times specified by the relevant Ministers. (3) In preparing a draft marine estate management strategy, the Authority is to consider the following— (a) the objects of this Act, (b) any principles for managing the marine estate specified or set out in the regulations, (c) any relevant threat and risk assessment report prepared under this Act, (d) any other matter that the relevant Ministers direct or that is prescribed by the regulations. 12 Contents of draft marine estate management strategy A draft marine estate management strategy must— (a) state the vision and priorities for management of the marine estate, and (b) include any other matters that the relevant Ministers may direct to be included in the strategy or that may be prescribed by the regulations. 13 Consultation on draft marine estate management strategy (1) Before submitting a draft marine estate management strategy to the relevant Ministers for approval, the Authority must— (a) consult on the draft strategy by giving such public notice that the draft strategy has been prepared and undertaking such public exhibition of the draft strategy as is required by the regulations, and (b) seek the advice of Local Land Services and any person or body to which the draft marine estate management strategy is required to be referred by the regulations. (2) The Authority must submit a report on any such consultation and advice with the copy of the draft marine estate management strategy submitted to the relevant Ministers for approval. (3) The relevant Ministers, in approving a draft marine estate management strategy, are to have regard to any such report. (4) A failure to comply with this section does not invalidate a marine estate management strategy. 14 Submission of draft marine estate management strategy for approval The Authority is to submit a copy of the draft marine estate management strategy to the relevant Ministers for approval. 15 Approval of draft marine estate management strategy (1) The relevant Ministers may, by order published in the Gazette, approve a draft marine estate management strategy submitted to them— (a) without alteration, or (b) with such alteration as the relevant Ministers think fit. (2) A marine estate management strategy takes effect on the date that the order is published in the Gazette or from a later date specified in the order. (3) An order under subsection (1) must include a copy of the marine estate management strategy to which the order relates. 16 Publication of marine estate management strategy As soon as practicable after a marine estate management strategy is approved, the relevant Ministers are to arrange for a copy of the strategy to be published on the relevant NSW Government website. 17 Amendment, replacement or revocation of strategy (1) A marine estate management strategy may be amended or replaced by a subsequent strategy prepared and approved in accordance with this Part. (2) A draft marine estate management strategy that amends or replaces an approved strategy is to be prepared by the Authority if requested by the relevant Ministers. (3) The relevant Ministers may, by order published in the Gazette, revoke a marine estate management strategy, wholly or in part. (4) The revocation of the marine estate management strategy takes effect on— (a) the day the order is published in the Gazette, or (b) if a later date is specified in the order—the date specified. 18 Periodic review of marine estate management strategy (1) The relevant Ministers are to ensure that the marine estate management strategy is periodically reviewed. (2) The relevant Ministers may cause a review under this section to be undertaken at any time, but must ensure a review is commenced as soon as possible after— (a) in the case of the first review—the period of 10 years has elapsed since the date that the strategy was approved, and (b) in any other case—the period of 10 years has elapsed since the conclusion of the previous review. (3) A review under this section is to be carried out by an independent person, body or panel appointed by the relevant Ministers. (4) The relevant Ministers may set the terms of reference for such reviews. (5) The person, body or panel conducting the review must have regard to any relevant threat and risk assessment report prepared under this Act. (6) The person, body or panel conducting the review is to prepare a report on the review and submit it to the Authority. (7) The Authority is to consider that report and submit it, and any advice the Authority has regarding the review, to the relevant Ministers. 19 Implementation of marine estate management strategy (1) The relevant Ministers are to have regard to the marine estate management strategy in the exercise of the relevant Ministers' functions under this Act. (2) Public authorities are to have regard to the marine estate management strategy to the extent that the strategy is relevant to the exercise of their functions. (3) This section— (a) does not render the exercise of a function invalid because— (i) it was made without regard to the marine estate management strategy, or (ii) it is inconsistent with achieving the outcomes of the marine estate management strategy, and (b) does not require or authorise action that is inconsistent with any statutory or other legal obligation of a Minister or a public authority. Part 4 Threat and risk assessment 20 Assessment of threats and risks to marine estate (1) The Authority must ensure that an assessment of threats and risks to the marine estate is periodically carried out. (2) The purpose of the threat and risk assessment is— (a) to identify threats to the environmental, economic and social values of the marine estate, and (b) to assess the risks associated with those identified threats, and (c) to inform marine estate management decisions by prioritising those threats and risks according to the level of impact on the values derived from the marine estate. (3) A threat and risk assessment under this section is to be commenced— (a) as soon as possible after— (i) in the case of the first assessment—the commencement of this section, and (ii) in any other case—the period of 10 years has elapsed since the previous assessment, and (b) at any other time determined by the relevant Ministers. (4) The Authority is to carry out the threat and risk assessment in accordance with any standard prescribed by the regulations for the purpose of this section. 21 Threat and risk assessment report (1) The Authority must prepare a report summarising each threat and risk assessment. (2) The threat and risk assessment report is to be provided to the relevant Ministers. (3) However, before the threat and risk assessment report is provided to the relevant Ministers, the Authority must consult on a draft of the report by giving such public notice that a draft report has been prepared and undertaking such public exhibition of the draft report as is required by the regulations. Part 5 Marine parks and aquatic reserves Division 1 Marine parks 22 Purposes of marine parks (1) The primary purpose of a marine park is to conserve the biological diversity, and maintain ecosystem integrity and ecosystem function, of bioregions in the marine estate. (2) The secondary purposes of a marine park are, where consistent with the primary purpose— (a) to provide for the management and use of resources in the marine park in a manner that is consistent with the principles of ecologically sustainable development, and (b) to enable the marine park to be used for scientific research and education, and (c) to provide opportunities for public appreciation and enjoyment of the marine park, and (d) to support Aboriginal cultural uses of the marine park. 23 Declaration of marine parks (1) The Governor, on the recommendation of the relevant Ministers, may, by proclamation, declare an area described in the proclamation to be a marine park. (2) The relevant Ministers must not recommend to the Governor that an area be declared a marine park unless the relevant Ministers have considered— (a) the marine estate management strategy (if one has been approved), and (b) any relevant threat and risk assessment report prepared under this Act. (3) The area that may 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. (4) 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 Land Management Act 2016, 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. (5) 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. (6) 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. 24 Name of marine park (1) The Governor may, by proclamation, assign a name to a marine park. (2) The Governor may from time to time, by proclamation, alter the name of a marine park. 25 Revocation of marine park A declaration of a marine park must not be revoked except by an Act of Parliament. 26 Variation of area of marine park (1) The Governor, on the recommendation of the relevant Ministers, may from time to time, by proclamation, vary the area of a marine park. (2) The relevant Ministers must not recommend to the Governor a variation of the area of a marine park unless the relevant Ministers have considered— (a) the marine estate management strategy (if one has been approved), and (b) any relevant threat and risk assessment report prepared under this Act. (3) The relevant Ministers must not recommend to the Governor a variation to a marine park to remove an area unless the relevant Ministers are satisfied that the area is no longer required to be part of the marine park in order to attain the purposes of marine parks set out in this Division. (4) Sections 40 (Notice of statutory rules to be tabled) and 41 (Disallowance of statutory rules) of the Interpretation Act 1987 apply to a proclamation under this section in the same way as those sections apply to a statutory rule. (5) The provisions of section 23 (3)–(6) apply to a variation of an area under this section that adds an area to a marine park in the same way as those provisions apply to the declaration of an area as a marine park. 27 Effect of declaration on aquatic reserves (1) The declaration of an area as a marine park (or part of a marine park) revokes any declaration of the area as an aquatic reserve. (2) An area within a marine park cannot be declared to be an aquatic reserve. 28 Effect of declaration on land reserved or dedicated for public purposes (other than aquatic reserves) (1) Land that is reserved or dedicated for a public purpose may be declared to be a marine park under this Act. (2) The land may be used for the purpose for which it is reserved or dedicated to the extent that the use is not inconsistent with this Act or the regulations or management rules. (3) Nothing in this Act or the regulations permits the land to be used contrary to the provisions of any Act or statutory instrument applying to the land. (4) This section extends to land that is reserved or dedicated under the National Parks and Wildlife Act 1974 or any other Act (other than land declared to be an aquatic reserve). 29 Effect of declaration on aquaculture (1) The declaration of an area as a marine park does not affect any aquaculture permit or aquaculture lease under the Fisheries Management Act 1994 that is in force at the time of the declaration. (2) However, any such lease applying to any area within a marine park must not be extended or renewed under that Act, unless the regulations provide that aquaculture is permissible in the relevant area. (3) Subsection (2) does not affect a person's entitlement to have an aquaculture lease renewed for the first time under section 167 (3) of the Fisheries Management Act 1994. (4) In this section, aquaculture has the same meaning as in the Fisheries Management Act 1994. 30 Dealings in relation to certain land leases within marine park (1) This section applies to land within a marine park that is leased under the Crown Land Management Act 2016. (2) The Minister administering the Crown Land Management Act 2016 must not, under that Act, approve any change in use of land to which this section applies, or approve the conversion, sale or disposal of such land without consulting the relevant Ministers. 31 Compulsory acquisition of land A copy of a proposed acquisition notice under section 11 of the Land Acquisition (Just Terms Compensation) Act 1991 relating to land within a marine park must also be served on the relevant Ministers by the authority proposing to acquire the land. 32 Consent of owners If an owner of land whose consent is required under section 23 or 26 to the making of a proclamation declaring an area to be a marine park or adding an area to a marine park cannot, after diligent inquiry, be found or identified, the proclamation may be made without the consent of that owner. Division 2 Aquatic reserves 33 Purposes of aquatic reserves (1) The primary purpose of an aquatic reserve is to conserve biological diversity, or particular components of biological diversity (such as specific ecosystems, communities or species), in a specified area of the marine estate. (2) The secondary purposes of an aquatic reserve are, where consistent with the primary purpose— (a) to provide for the management and use of resources in the aquatic reserve in a manner that is consistent with the principles of ecologically sustainable development, and (b) to enable the aquatic reserve to be used for scientific research and education, and (c) to provide opportunities for public appreciation and enjoyment of the aquatic reserve, and (d) to support Aboriginal cultural uses of the aquatic reserve. 34 Declaration of aquatic reserves (1) The relevant Ministers may, by notice published in the Gazette, declare an area (or areas) specified in the notice to be an aquatic reserve. (2) Land that is the subject of an aquaculture lease under the Fisheries Management Act 1994 may be declared to be an aquatic reserve. However, nothing in this Division prevents the lessee from undertaking aquaculture in accordance with that Act in the area concerned during the currency of the lease. (3) Land that is dedicated for a public purpose may be declared to be an aquatic reserve. However, nothing in this Division prevents the land from being used for the purpose for which it is dedicated or permits the land to be used contrary to the provisions of any Act or statutory instrument applying to the land. 35 Consent required for declarations (1) The relevant Ministers are 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 Crown land—the consent of the Minister administering the Crown Land Management Act 2016, and (b) in the case of public water land that is vested in a local or 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 and the land submerged by that water below mean high water mark, or (b) to an area vested in the relevant Ministers, or (c) to an area subject to an aquaculture lease under the Fisheries Management Act 1994. 36 Consent of owners If an owner of land whose consent is required under section 35 to the declaration of an area as an aquatic reserve cannot, after diligent inquiry, be found or identified, the declaration may be made without the consent of that owner. 37 Existing interests and changes in ownership (1) A declaration of an aquatic reserve 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. (2) Subject to this Act, a provision of this Act or the regulations has effect in relation to an area of an aquatic reserve despite any such existing interest or change of ownership, unless the provision otherwise specifies. 38 Revocation or variation of declaration of aquatic reserve (1) The relevant Ministers may, subject to this section, revoke or vary the declaration of an aquatic reserve by notice published in the Gazette. (2) Before a declaration is revoked or varied, the relevant Ministers must cause notice of the proposed revocation or variation to be tabled in both Houses of Parliament. (3) Either House of Parliament may pass a resolution disallowing the proposed revocation or variation at any time after notice of the proposal is tabled in that House, but only if notice of the resolution was given within 15 sitting days of that House after notice of the proposal was so tabled. (4) If notice of a resolution to disallow a proposed revocation or variation is duly given, the relevant Ministers may not revoke or vary the declaration unless the resolution is not passed or it is withdrawn or lapses. (5) The provisions of sections 35–37 apply to a variation of a declaration that adds an area to an aquatic reserve in the same way as those provisions apply to the declaration of an aquatic reserve. Division 3 Regulations for the management, protection and conservation of marine parks and aquatic reserves 39 Regulations relating to marine parks and aquatic reserves generally The regulations may make provision for or with respect to the management, protection and conservation of marine parks and aquatic reserves. 40 Other regulations for marine parks and aquatic reserves Without affecting the generality of section 39, the regulations may make provision for or with respect to the following matters— (a) regulating the use and enjoyment of marine parks and aquatic reserves, (b) regulating or prohibiting the carrying out of activities (including commercial activities) within, on or adjacent to marine parks and aquatic reserves either generally or in relation to particular parks or reserves or by reference to different zones within a park or reserve, (c) regulating or prohibiting the taking of animals, plants or materials from or into marine parks and aquatic reserves and the possession of animals, plants or materials that have been taken from marine parks and aquatic reserves, (d) regulating or prohibiting the entry into a marine park or an aquatic reserve (or part of a park or reserve) of all persons or any class of persons, (e) removing from marine parks and aquatic reserves trespassers, persons causing annoyance or inconvenience or persons committing offences, (f) regulating navigation and use of vessels within marine parks and aquatic reserves, or closing a marine park or an aquatic reserve or part of a park or reserve to vessels, (g) regulating where vessels may be moored or anchored within marine parks and aquatic reserves, (h) protecting cultural heritage within marine parks and aquatic reserves, (i) prescribing fees payable in respect of the use of a marine park or an aquatic reserve or the carrying out of any activity within a park or reserve, (j) regulating or prohibiting the use of aircraft over or within marine parks and aquatic reserves, (k) permits for the purposes of this Act or the regulations, (l) the information to be provided to the relevant Ministers by an applicant for, or the holder of, any permit under this Act, including the circumstances in which any such information must be verified by statutory declaration. 41 Offences against management regulations A person is guilty of an offence if the person contravenes a provision of the regulations referred to in this Division or Division 4, being a contravention that is designated by the regulations as a serious offence. Maximum penalty— (a) in the case of a corporation, 1,000 penalty units, or (b) in any other case, 500 penalty units. Division 4 Marine park and aquatic reserve management rules 42 Regulations relating to management rules for marine parks and aquatic reserves (1) Without affecting the generality of Division 3, the regulations may make provision for or with respect to the use and management of a particular marine park or an aquatic reserve by means of management rules set out in the regulations. (2) The management rules for a marine park or an aquatic reserve may include provisions for or with respect to the following— (a) the classification of areas within that marine park or an aquatic reserve into zones, (b) the purpose of any such zone, (c) the uses that are permitted or prohibited within any such zone, (d) the management of any such zone. (3) The relevant Ministers must not recommend the making of regulations that establish, replace or amend any management rules unless the relevant Ministers are satisfied that the provisions of this Division have been complied with in the making of the regulations. (4) Failure to comply with any provision of this Division does not affect the validity of a regulation establishing, replacing or amending any management rules. 43 Making management rules for marine parks and aquatic reserves (1) The relevant Ministers may cause draft management rules to be prepared for a marine park or an aquatic reserve. (2) In preparing draft management rules, the relevant Ministers must have regard to— (a) the marine estate management strategy (if one has been approved), and (b) any relevant threat and risk assessment report prepared under this Act. (3) The relevant Ministers are to seek the advice of the Authority regarding the preparation of the draft management rules. (4) The relevant Ministers are to cause public notice to be given of the draft management rules. (5) The notice is to— (a) specify the address of each place at which copies of the draft management rules are available, and (b) invite submissions to be made on the draft management rules before the date specified in the notice (being a date not less than 2 months after the date of the notice), and (c) specify the address to which submissions are to be forwarded. (6) The relevant Ministers are to consider any submissions made before the date referred to in subsection (5) (b), or such later date as the relevant Ministers allow. 44 Review of management rules for marine parks and aquatic reserves (1) The relevant Ministers are to conduct a review of the management rules for each marine park and aquatic reserve every 10 years to determine whether the management rules remain appropriate for securing the purposes of marine parks or aquatic reserves (as appropriate). The relevant Ministers may conduct such a review at such other times as the relevant Ministers consider necessary. (2) In conducting a review, the relevant Ministers are to prepare a report that— (a) includes an assessment of any existing arrangements for the marine park or aquatic reserve, and (b) makes recommendations for the management of the marine park or aquatic reserve. 45 Amending or replacing management rules for marine parks and aquatic reserves (1) The relevant Ministers may, at any time, recommend the making of a regulation to amend or replace the management rules for a marine park or an aquatic reserve. (2) Without limiting subsection (1), the relevant Ministers may recommend the making of a regulation to amend or replace the management rules for a marine park or an aquatic reserve as a consequence of any of the following— (a) the publication of a critical habitat declaration, threat abatement plan or recovery plan under the Threatened Species Conservation Act 1995, (b) the publication of a critical habitat declaration, threat abatement plan or recovery plan under the Fisheries Management Act 1994, (c) the making of any instrument under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth in relation to species, ecological communities, places or activities that is relevant to the marine park or aquatic reserve, (d) the making of a proclamation varying the area of the marine park or a notice varying the area of the aquatic reserve (as relevant). (3) Section 43 applies to the making of a regulation to amend or replace the management rules for a marine park or an aquatic reserve in the same way as it applies to the making of management rules under that section unless the relevant Ministers are of the opinion that— (a) the amendment or replacement is to be made as a consequence of any event referred to in subsection (2) (a)–(c), or (b) the proposed amendment or replacement corrects a technical error or inconsistency. 46 Relationship of management rules with plans of management If an area within a marine park or an aquatic reserve is subject to a plan of management under the National Parks and Wildlife Act 1974 or the Crown Land Management Act 2016, the management rules for the marine park or aquatic reserve prevail over the plan of management to the extent of any inconsistency. Division 5 Management plans 47 Management plans for marine parks and aquatic reserves (1) The relevant Ministers— (a) must cause a management plan to be prepared and adopted for each marine park, and (b) may cause a management plan to be prepared and adopted for an aquatic reserve. (2) A management plan may be prepared— (a) for one or more marine parks, or (b) for one or more aquatic reserves, or (c) for one or more marine parks and one or more aquatic reserves. (3) The relevant Ministers must not adopt a management plan for a marine park or an aquatic reserve unless the relevant Ministers are satisfied that the provisions of this Division have been complied with in the making of the plan. (4) Failure to comply with any provision of this Division does not affect the validity of a management plan. 48 Content of management plans A management plan must— (a) state the environmental, economic and social values to be conserved by the marine park or aquatic reserve, and (b) identify threats to those values, and (c) state the management objectives of the marine park or aquatic reserve in relation to those values and threats, and (d) specify actions to achieve those management objectives, based on a consideration of risks, and (e) set out the programs to be implemented for managing the marine park or aquatic reserve, and (f) include any other matters that the relevant Ministers consider necessary to be included in the management plan or that the regulations require to be included. 49 Preparation of management plans for marine parks and aquatic reserves (1) The relevant Ministers are, in preparing a draft management plan for a marine park or an aquatic reserve, to have regard to— (a) any relevant threat and risk assessment report prepared under this Act, and (b) the provisions of this Act and any regulations under this Act. Note— The relevant Ministers are required by section 19 to have regard to the marine estate management strategy in the exercise of their functions under this Act. (2) The relevant Ministers are to cause public notice to be given of the draft management plan. (3) The notice is to— (a) specify the address of each place at which copies of the draft management plan are available, and (b) invite submissions to be made on the draft management plan before the date specified in the notice (being a date not less than 2 months after the date of the notice), and (c) specify the address to which submissions are to be forwarded. (4) The relevant Ministers are to consider any submissions made before the date referred to in subsection (3) (b), or such later date as the relevant Ministers allow. (5) The relevant Ministers are to adopt a management plan for a marine park or an aquatic reserve as soon as practicable and, before doing so, may make changes to the draft plan that they think appropriate to take account of the submissions from the public. 50 Publication of management plans The relevant Ministers must, as soon as is reasonably practical, ensure that each adopted management plan is published on the website of Regional NSW. 51 Alteration or replacement of management plans for marine parks and aquatic reserves (1) The relevant Ministers may, at any time, amend or replace the management plan for a marine park or an aquatic reserve. (2) Without limiting subsection (1), the relevant Ministers may amend or replace the management plan for a marine park or an aquatic reserve as a consequence of a review conducted under section 52. (3) Sections 49 and 50 apply to the amendment or replacement of a management plan under this section in the same way as those sections apply to the initial management plan for a marine park or an aquatic reserve. 52 Periodic review of management plans (1) The relevant Ministers are to periodically review each management plan to determine whether the plan remains appropriate for securing the objects of this Act and the purposes of the marine park or aquatic reserve (or, if relevant, both). (2) A review under this section is to be commenced as soon as possible after— (a) in the case of the first review—the period of 10 years has elapsed since the date that the management plan was adopted, and (b) in any other case—the period of 10 years has elapsed since the conclusion of the previous review. (3) The relevant Ministers may conduct such a review at such other times as the relevant Ministers consider necessary. 53 Operations under management plans (1) Any functions of the relevant Ministers or any authorised officers in relation to a marine park or an aquatic reserve are required to be exercised in accordance with the management plan for the marine park or aquatic reserve. (2) However, the exercise of those functions is not invalid because of a contravention of any such plan. Division 6 Development and activities within marine parks and aquatic reserves 54 Mining in marine parks and aquatic reserves prohibited (1) It is unlawful to prospect or mine for minerals in a marine park or an aquatic reserve. (2) The Offshore Minerals Act 1999, the Mining Act 1992, the Petroleum (Onshore) Act 1991 and the Petroleum (Offshore) Act 1982 do not apply to or in respect of any area within a marine park or an aquatic reserve. (3) This section does not apply to or in respect of any licence, permit, authorisation or lease in force under any of those Acts— (a) in relation to a marine park—as at 1 August 1997, and Note— Section 18 of the Marine Parks Act 1997 (the predecessor of this provision in relation to marine parks) commenced on 1 August 1997. (b) in relation to an aquatic reserve—as at 31 March 2002. Note— Section 197B of the Fisheries Management Act 1994 (the predecessor of this provision in relation to aquatic reserves) commenced on 31 March 2002. However, no renewal or extension of such a licence, permit, authorisation or lease may be granted after those dates except as expressly authorised by an Act of Parliament. (4) This section does not apply to or in respect of sand extraction within a marine park for conservation purposes or for the purpose of preventing the risk of serious injury to a person or harm to the environment that is carried out in accordance with a consent granted under this section and any other authorisation required under any other Act. (5) The relevant Ministers may grant consent (with or without conditions) to the carrying out of sand extraction within a marine park but only if satisfied that the sand extraction is for a purpose referred to in subsection (4). (6) In deciding whether to grant consent, the relevant Ministers must have regard to the assessment criteria (if any) prescribed by the regulations. 55 Development within marine parks and aquatic reserves—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 or an aquatic reserve, a consent authority must— (a) take into consideration— (i) if there are management rules for the marine park or aquatic reserve, the purposes of the zone within which the area concerned is situated as specified in those management rules, and (ii) the permissible uses of the area concerned under the regulations or those management rules, and (iii) if a management plan for the marine park or aquatic reserve has been made, the objectives of the marine park or aquatic reserve, and (iv) any relevant marine park or aquatic reserve notifications, 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 a marine park or an aquatic reserve unless the Minister has— (a) taken into consideration— (i) if there are management rules for the marine park or aquatic reserve, the purposes of the zone within which the area concerned is situated as specified in those management rules, and (ii) the permissible uses of the area concerned under the regulations or the management rules, and (iii) if a management plan for the marine park or aquatic reserve has been made, the objectives of the marine park or aquatic reserve, and (iv) any relevant marine park or aquatic reserve notifications, and (b) in the case of an activity for which an environmental impact statement is required to be prepared under the Environmental Planning and Assessment Act 1979, Division 5.1, Subdivision 3, 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 unless the determining authority has— (a) taken into consideration— (i) if there are management rules for the marine park or aquatic reserve, the purposes of the zone within which the area concerned is situated as specified in those management rules, and (ii) the permissible uses of the area concerned under the regulations or the management rules, and (iii) if a management plan for the marine park or aquatic reserve has been made, the objectives of the marine park or aquatic reserve, and (iv) any relevant marine park or aquatic reserve notifications, and (b) in the case of an activity for which an environmental impact statement is required to be prepared under the Environmental Planning and Assessment Act 1979, Division 5.1, Subdivision 3, 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) if there are management rules for the marine park or aquatic reserve, the purposes of the zone within which the area concerned is situated as specified in those management rules, and (b) the permissible uses of the area concerned under the regulations or the management rules, and (c) if a management plan for the marine park or aquatic reserve has been made, the objectives of the marine park or aquatic reserve, and (d) any relevant marine park or aquatic reserve notifications. (5) The provisions of the Environmental Planning and Assessment Act 1979, section 4.13(8), (9), (10) and (11), 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 the Environmental Planning and Assessment Act 1979, section 3.18(3) (however expressed) is to be read as a reference to the purposes of marine parks or aquatic reserves and the permissible uses of the area concerned under the regulations. (7) In this section— activity has the same meaning as in the Environmental Planning and Assessment Act 1979, Division 5.1. 56 Development affecting marine parks and aquatic reserves—application of EPA Act (1) In determining a development application under Part 4 of the Environmental Planning and Assessment Act 1979 for the carrying out of development on land that is in the locality of a marine park or an aquatic reserve, the consent authority must take into consideration the objects of this Act, the permissible uses of the area concerned under the regulations or the management rules and any advice given to it by the relevant Ministers about the impact on the marine park or aquatic reserve of development in the locality. (2) If the consent authority is of the opinion that development proposed in the development application is likely to have an effect on the plants or animals within the marine park or aquatic reserve and their habitat, the consent authority must consult with the relevant Ministers before finally determining the application. (3) A determining authority must not carry out, or grant an approval to carry out, an activity on land that is in the locality of a marine park or an aquatic reserve in purported compliance with the Environmental Planning and Assessment Act 1979, Division 5.1 unless— (a) the determining authority has taken into consideration the purposes of marine parks or aquatic reserves, the regulations and any advice given to it by the relevant Ministers on the impact on the marine park or aquatic reserve of the carrying out of an activity in the locality, and (b) if the determining authority is of the opinion that the proposed activity is likely to have an effect on the plants or animals within the marine park or aquatic reserve or their habitat, the determining authority has consulted with the relevant Ministers. Division 7 Marine park and aquatic reserve notifications 57 Prohibition of activities in marine parks and aquatic reserves (1) The relevant Ministers may from time to time, by notification published in the Gazette, prohibit the carrying out of any specified activity (including the taking of fish)— (a) in a marine park or part of a marine park (a marine park notification), or (b) in an aquatic reserve or part of an aquatic reserve (an aquatic reserve notification). (2) A notification under this Division— (a) may apply absolutely or subject to conditions, and (b) without limiting paragraph (a), may prohibit the carrying out of an activity unless the consent of the relevant Ministers or a permit issued by the relevant Ministers has been obtained, and (c) must specify the activities that are prohibited and the area to which it applies, and (d) may only apply to the marine park or aquatic reserve specified in the notification, and (e) has effect despite any provision of the regulations. 58 Publication of marine park and aquatic reserve notifications A notification under this Division is to be published— (a) on the website of Regional NSW, and (b) by causing a copy of the notification to be exhibited in a prominent place or places adjacent to the marine park or aquatic reserve to which the notification applies. 59 General provisions relating to marine park and aquatic reserve notifications (1) A notification under this Division takes effect on the publication of the notification in the Gazette or on a later date specified in the notification. (2) A notification under this Division remains in force, subject to this Act, for the period (not exceeding 5 years) specified in the notification, but may be remade (with or without modification) by a further notification in accordance with this Division. (3) Sections 42, 43 and 45 of the Interpretation Act 1987 apply to notifications under this Division in the same way as they apply to statutory rules within the meaning of that Act. Note— The above provisions of the Interpretation Act 1987 relate to standard provisions authorising the adoption of other publications by reference, the making of differential notifications, the amendment or repeal of notifications and judicial notice and presumptions as to validity of notifications. 60 Amendment or revocation of marine park and aquatic reserve notifications The relevant Ministers may from time to time amend or revoke a notification under this Division by a further notification published in accordance with this Division. 61 Regulations relating to marine park and aquatic reserve notifications The regulations may make provision for or with respect to giving effect to notifications under this Division or to any other matter relating to notifications. 62 Offence provisions (1) A person who carries out any activity in contravention of a notification under this Division is guilty of an offence. Maximum penalty— (a) in the case of a corporation, 1,000 penalty units, or (b) in any other case, 200 penalty units or imprisonment for 6 months, or both. (2) A person who is in possession of any animal, plant, rock, sand or other thing that has been taken in contravention of a notification under this Division is guilty of an offence. Maximum penalty— (a) in the case of a corporation, 500 penalty units, or (b) in any other case, 100 penalty units or imprisonment for 3 months, or both. (3) It is a defence to a prosecution for an offence under subsection (2) if the person charged satisfies the court that the person did not know and could not reasonably have known that the animal, plant, rock, sand or other thing had been taken in contravention of a provision of or made under this Act. Division 8 Miscellaneous 63 Removal of wrecked vessels and other property from marine parks and aquatic reserves (1) In this section— person responsible for removable property means— (a) the person who caused the property to be in the marine park or aquatic reserve, or (b) if the person referred to in paragraph (a) is unknown or is unable to remove the property—the person who has control of the property, or (c) if the persons referred to in paragraphs (a) and (b) are unknown or are unable to remove the property—the owner of the property. removable property includes— (a) any sunken or wrecked vessel, or (b) any abandoned property, or (c) anything unlawfully erected or placed. (2) The relevant Ministers may, by notice in writing, direct the person responsible for any removable property in a marine park or an aquatic reserve to remove the property within such time as is specified in the notice. (3) A person who fails, without reasonable excuse, to comply with a direction under subsection (2) is guilty of an offence. Maximum penalty— (a) in the case of a corporation, 1,000 penalty units, or (b) in any other case, 200 penalty units or imprisonment for 3 months, or both. (4) The relevant Ministers may remove, or authorise the removal of, any removable property in such manner as the relevant Ministers think fit (whether or not the relevant Ministers have issued a direction for its removal under this section). The removable property may be removed by its destruction if it is reasonable to do so in the circumstances. (5) The relevant Ministers may, subject to and in accordance with the regulations, dispose of anything removed under this section. (6) If, in the opinion of the relevant Ministers, significant environmental damage has been, or is likely to be, caused by removable property in a marine park or an aquatic reserve, the relevant Ministers may take such steps as the relevant Ministers consider appropriate to do any or all of the following— (a) repair or remedy any damage to the environment caused by the property, (b) mitigate any damage to the environment caused by the property, (c) prevent any further damage to the environment by the property. (7) The relevant Ministers may recover as a debt in a court of competent jurisdiction the reasonable costs and expenses incurred by the relevant Ministers in the exercise of the relevant Ministers' powers under this section from the person responsible for the removable property. (8) Except in the case of an emergency, the relevant Ministers must not give a direction for the removal of any removable property, or remove or authorise the removal of any removable property, that the relevant Ministers are of the opinion is likely to have significant cultural or ecological value unless the relevant Ministers have made an assessment of that cultural or ecological value. (9) If a person who pays the costs and expenses incurred by the relevant Ministers under this section was not the person who caused the removable property to be in the marine park or aquatic reserve, those costs and expenses may be recovered by that person as a debt in a court of competent jurisdiction from the person who caused the removable property to be in the marine park or aquatic reserve. (10) If the person given a notice under this section complies with the notice but was not the person who caused the removable property to be in the marine park or aquatic reserve, the cost of complying with the notice may be recovered by the person who complied with the notice as a debt in a court of competent jurisdiction from the person who caused the removable property to be in the marine park or aquatic reserve. 64 Fees for administrative costs relating to notices (1) The purpose of this section is to enable the relevant Ministers to recover the administrative costs of preparing and giving notices under section 63. (2) A person who is given a notice under section 63 must, within 30 days, pay the fee prescribed by the regulations into the Marine Protected Areas Fund. (3) The relevant Ministers may— (a) extend the time for payment of the fee, on the application of a person to whom subsection (2) applies, or (b) waive payment of the whole or any part of the fee, on the relevant Ministers' own initiative or on the application of a person to whom subsection (2) applies. (4) If a person does not pay the fee within the time provided under this section, the relevant Ministers may recover the fee as a debt in a court of competent jurisdiction. 65 Relationship of Part with other legislation (1) The requirements made by or under this Part are in addition to any requirement in any other Act or statutory instrument. (2) In particular, the Fisheries Management Act 1994 and the National Parks and Wildlife Act 1974 apply to any relevant area of a marine park or an aquatic reserve. Part 6 Enforcement 66 Authorised officers (1) For the purposes of this Act, an authorised officer means— (a) a person appointed as an authorised officer in accordance with this section, or (b) a person in the Public Service appointed as a fisheries officer under the Fisheries Management Act 1994 (subject to any conditions, limitations or restrictions contained in the officer's instrument of authority under that Act), or (c) a police officer. (2) The relevant Ministers may appoint an officer or employee of a Public Service agency or a public or local authority as an authorised officer for the purposes of this Act. (3) The relevant Ministers are not to appoint as an authorised officer a person who is— (a) an officer or employee of a local council without first obtaining the consent of the general manager of the council to the appointment, or (b) an officer or employee of any other public or local authority without first obtaining the consent of the employer of the person to the appointment. (4) The relevant Ministers may, in and by the instrument of the officer's authority under this Act, limit the functions that an authorised officer appointed by the relevant Ministers may exercise under this Act (including limiting the purposes for which or the area in which those functions may be exercised). (5) A reference in this Act or in an instrument under this Act to an authorised officer is to be construed subject to any such limitation. (6) The relevant Ministers may, at any time, revoke an appointment of an authorised officer or revoke or vary any limitation of the functions of an authorised officer. 67 Application of Fisheries Management Act 1994 (1) Divisions 1–4 of Part 9 (Enforcement) of the Fisheries Management Act 1994 (other than sections 243 and 244)— (a) apply to and in respect of an authorised officer in the same way as those provisions apply to and in respect of a fisheries officer, and (b) apply to and in respect of an offence against this Act or the regulations in the same way as they apply to and in respect of a fisheries offence. (2) In so applying those provisions— (a) a reference to a fisheries officer is to be read as a reference to an authorised officer, and (b) a reference to the Minister is to be read as a reference to the relevant Ministers, and (c) a reference to a fisheries offence is to be read as a reference to an offence against this Act or the regulations, and (d) a reference to the Director-General includes a reference to the Chief Executive of the Office of Environment and Heritage, and (e) a reference to a forfeiture offence is to be read as a reference to an offence against this Act or the regulations that is declared by the regulations to be a forfeit