{"id":"nsw:sl-2017-0472","name":"Marine Estate Management Regulation 2017","slug":"marine-estate-management-regulation-2017","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"472 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176725,"registerId":"nsw-nsw:sl-2017-0472-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Marine Estate Management Regulation 2017](/view/html/inforce/current/sl-2017-0472).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 September 2017 and is required to be published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation replaces the [Marine Estate Management Regulation 2009](/view/html/repealed/current/sl-2009-0416) which is repealed on 1 September 2017 by section 10 (2) of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation:\n> > \n> > permit means a permit under Part 2.\n> > \n> > the Act means the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072).\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) If a provision of this Regulation 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.\n> \n> > (3) Notes included in this Regulation do not form part of this Regulation.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Regulation applies subject to other legislation","content":"#### 4 Regulation applies subject to other legislation\n\n4 Regulation applies subject to other legislation\n\n> > (1) This Regulation has effect subject to section 65 of the Act.\n> > \n> > Note.\n> > \n> > Section 65 of the Act provides that any requirements made by or under Part 5 of the Act are in addition to any requirement in any other Act or statutory instrument, such as requirements under the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038) and the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080).\n> \n> > (2) Nothing in this Regulation is to be construed as authorising the harming of any particular species of plant or fish, or the harming of any plants or fish by a particular method, in contravention of the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038), the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) or statutory instruments made under those Acts.\n> \n> > (3) In addition, nothing in this Regulation is to be construed as authorising the carrying out of any activity in contravention of a marine park notification or aquatic reserve notification under section 57 of the Act.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Consent of relevant Ministers","content":"# Part 2 Consent of relevant Ministers\n\nPart 2 Consent of relevant Ministers","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Consent for activities","content":"#### 5 Consent for activities\n\n5 Consent for activities\n\n> If this Regulation, the [Marine Estate Management (Management Rules) Regulation 1999](/view/html/inforce/current/sl-1999-0102) or a marine park notification or aquatic reserve notification under section 57 of the Act requires the consent of the relevant Ministers before an activity may be carried out, the consent is to be in accordance with this Part.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Applications for consent","content":"#### 6 Applications for consent\n\n6 Applications for consent\n\n> An application for the consent of the relevant Ministers to the carrying out of an activity in a marine park or an aquatic reserve must be made in the form approved by the relevant Ministers.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Relevant Ministers may ask for further information","content":"#### 7 Relevant Ministers may ask for further information\n\n7 Relevant Ministers may ask for further information\n\n> > (1) The relevant Ministers may make a written request to any person who has made an application for consent to carry out any activity for further information to assist the Ministers in considering the application.\n> \n> > (2) The relevant Ministers do not have to consider an application if any request for further information is not complied with within the time specified by the relevant Ministers in the request.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Must have regard to assessment criteria","content":"#### 8 Must have regard to assessment criteria\n\n8 Must have regard to assessment criteria\n\n> > (1) The relevant Ministers must have regard to the assessment criteria in deciding whether or not to give consent to the carrying out of any activity in a marine park or an aquatic reserve.\n> \n> > (2) This clause does not apply to applications for consent to carry out activities (including educational or research activities) that the relevant Ministers consider will have minimal impact on the biodiversity, enjoyment or use of the marine park or aquatic reserve.\n> \n> > (3) This clause does not limit the factors that the relevant Ministers may have regard to when considering an application for consent to carry out an activity.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Assessment criteria","content":"#### 9 Assessment criteria\n\n9 Assessment criteria\n\n> For the purposes of this Part and section 54 (6) of the Act, the following matters are the assessment criteria for deciding whether or not to give consent to the carrying out of any activity in a marine park or an aquatic reserve:\n> \n> > (a) the objects of the Act (as specified in section 3 of the Act),\n> \n> > (b) the purposes of marine parks and aquatic reserves (as specified in sections 22 and 33 of the Act respectively),\n> \n> > (c) the objects of the zone in which the activity is proposed to be carried out,\n> \n> > (d) the activities that are permissible in the zone in which the activity is proposed to be carried out (as specified in the relevant management rules),\n> \n> > (e) any operational plan for the marine park adopted by the Marine Parks Authority pursuant to section 25 (4) of the [Marine Parks Act 1997](/view/html/repealed/current/act-1997-064) (before its repeal) that continues to have effect because of clause 5 of Schedule 2 to the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072),\n> \n> > (f) any management plan for the marine park or aquatic reserve,\n> \n> > (g) any threatened species or other protected flora or fauna under the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038), the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) or the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101) that may be affected by the proposed activity,\n> \n> > (h) the form of transport to be used to gain access to the zone in, on or from which the activity is proposed to be carried out, having regard to the adequacy of facilities for parking, mooring and landing vehicles, vessels and aircraft, and for loading and unloading them,\n> \n> > (i) the type of equipment to be used in connection with the proposed activity,\n> \n> > (j) the arrangements that have been made for the prevention, mitigation and making good of any damage to the marine park or aquatic reserve arising from the proposed activity,\n> \n> > (k) such other requirements as the relevant Ministers consider appropriate to the proposed activity.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Consent must be refused in certain circumstances","content":"#### 10 Consent must be refused in certain circumstances\n\n10 Consent must be refused in certain circumstances\n\n> > (1) The relevant Ministers must not give consent to the carrying out of any activity in a marine park or an aquatic reserve that, in the opinion of the relevant Ministers, is inconsistent with the objects of the Act or the purposes of marine parks and aquatic reserves.\n> \n> > (2) The relevant Ministers must not give consent to the carrying out of any activity contrary to the provisions of any determination in force under clause 20.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Consent may be refused in certain other circumstances","content":"#### 11 Consent may be refused in certain other circumstances\n\n11 Consent may be refused in certain other circumstances\n\n> > (1) The relevant Ministers may refuse to give consent to the carrying out of any activity in a marine park or an aquatic reserve if:\n> > \n> > > (a) the application for consent was not made in the approved form, or\n> > \n> > > (b) the applicant has failed to respond to a request for further information made under clause 7 or has responded in a way that the relevant Ministers consider is unsatisfactory, or\n> > \n> > > (c) the applicant has been convicted of an offence under the Act or this Regulation, or under similar legislation of another jurisdiction, in the 12 months before the application was made, or\n> > \n> > > (d) the applicant has been issued with 2 or more penalty notices for offences under the Act or this Regulation in the 12 months before the application was made (and the penalty notices have not been withdrawn and the relevant charges have not been dismissed by a court), or\n> > \n> > > (e) the proposed activity is inconsistent with the assessment criteria (to the extent that those criteria are applicable to the application).\n> \n> > (2) This clause does not limit the factors that the relevant Ministers may take into account when considering an application for consent under this Part.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Consent to be given in form of permit","content":"#### 12 Consent to be given in form of permit\n\n12 Consent to be given in form of permit\n\n> The consent of the relevant Ministers to the carrying out of an activity in a marine park or an aquatic reserve is to be given in the form of a written permit.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Permit may be granted subject to conditions","content":"#### 13 Permit may be granted subject to conditions\n\n13 Permit may be granted subject to conditions\n\n> > (1) A permit is subject to any conditions that are specified in the permit.\n> \n> > (2) The holder of a permit who contravenes any condition of the permit is guilty of an offence.\n> > \n> > Maximum penalty: 100 penalty units.","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Permit may authorise others","content":"#### 14 Permit may authorise others\n\n14 Permit may authorise others\n\n> > (1) A permit may authorise specified persons, or a specified class of persons, in addition to the person to whom the permit is granted, to carry out the activities to which the permit relates.\n> \n> > (2) In any such case, the specified persons, or specified class of persons, are taken to be holders of the permit for the purposes of this Regulation and the management rules to which the permit relates.","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Term of permit","content":"#### 15 Term of permit\n\n15 Term of permit\n\n> Unless sooner suspended or cancelled, a permit remains in force for such period as is specified in the permit.","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Cancellation of permit","content":"#### 16 Cancellation of permit\n\n16 Cancellation of permit\n\n> > (1) A permit may be cancelled by the relevant Ministers for any of the following reasons by notice in writing to the holder of the permit:\n> > \n> > > (a) the holder has not complied with a condition of the permit,\n> > \n> > > (b) due to circumstances that were not foreseen, and were not reasonably foreseeable at the time the permit was granted, the activity to which the permit relates has resulted in damage, degradation or disruption to the physical environment or to the living resources of the marine park or aquatic reserve,\n> > \n> > > (c) due to circumstances that were not foreseen, and were not reasonably foreseeable at the time the permit was granted, there is a likely or imminent threat that the activity to which the permit relates will result in damage, degradation or disruption to the physical environment, to the living resources of the marine park or aquatic reserve or to the appreciation, understanding and enjoyment of the marine park or aquatic reserve by other persons,\n> > \n> > > (d) the holder has made a statement or an omission in, or in connection with, the holder’s application for the permit that was, in the opinion of the relevant Ministers, false or misleading,\n> > \n> > > (e) the holder has been convicted of an offence under the Act or this Regulation,\n> > \n> > > (f) the relevant Ministers have included in a notice suspending a permit a warning that the permit will be cancelled if the action specified in the notice is not taken within the time specified in the notice and that action has not been taken within that time,\n> > \n> > > (g) the carrying out of the activity to which the permit relates did not commence within the period of 120 days dating from the date of the grant of the permit,\n> > \n> > > (h) any other reason that the relevant Ministers consider appropriate having regard to the objects of the Act and the purposes of marine parks and aquatic reserves.\n> \n> > (2) The cancellation of a permit takes effect on the date specified in the notice of the cancellation (being a date occurring on or after the date on which the notice is given).","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Suspension of permit","content":"#### 17 Suspension of permit\n\n17 Suspension of permit\n\n> > (1) A permit may be suspended by the relevant Ministers for any of the reasons specified in clause 16 (1) (a)–(c) or (h) by notice in writing to the holder of the permit.\n> \n> > (2) The relevant Ministers may include in the notice suspending a permit a warning that the permit will be cancelled if the action specified in the notice is not taken within the time specified in the notice.\n> \n> > (3) The suspension of a permit takes effect on the date specified in the notice of the suspension (being a date occurring on or after the date on which the notice is given).\n> \n> > (4) While a suspension is in force, the holder of the permit is taken not to have the consent of the relevant Ministers to carry out the activity to which the permit relates.\n> \n> > (5) The relevant Ministers may, at any time, revoke a suspension of a permit.","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Variation of permit","content":"#### 18 Variation of permit\n\n18 Variation of permit\n\n> The relevant Ministers may, by notice in writing to the holder of a permit, vary the conditions of the permit, or add conditions to a permit granted without conditions, for any of the reasons specified in clause 16 (1) (a)–(d) or (h).","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Surrender of permit","content":"#### 19 Surrender of permit\n\n19 Surrender of permit\n\n> A permit may be surrendered at any time by the holder of the permit giving notice in writing to the relevant Ministers.","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Restriction of number of permits that may be issued","content":"#### 20 Restriction of number of permits that may be issued\n\n20 Restriction of number of permits that may be issued\n\n> > (1) The relevant Ministers may from time to time determine, in relation to a marine park, an aquatic reserve or a zone within a marine park or an aquatic reserve:\n> > \n> > > (a) the maximum number of permits that may be in force at any one time in relation to the marine park, aquatic reserve or zone, either generally or in relation to specified activities or classes of activities, and\n> > \n> > > (b) for each activity in respect of which a maximum number has been determined, the priority to be given to different classes of applicant in the consideration of any application for a permit.\n> \n> > (2) In making a determination under this clause, the relevant Ministers must have regard to the following:\n> > \n> > > (a) any existing use within the marine park, aquatic reserve or zone as at the time the marine park, aquatic reserve or zone came into existence,\n> > \n> > > (b) the environmental, cultural, social or economic impact of the activity,\n> > \n> > > (c) whether or not any such activity is consistent with the assessment criteria.","sortOrder":21},{"sectionNumber":"Part 3","sectionType":"part","heading":"Functions of authorised officers and relevant Ministers","content":"# Part 3 Functions of authorised officers and relevant Ministers\n\nPart 3 Functions of authorised officers and relevant Ministers","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Removal of persons from marine park or aquatic reserve","content":"#### 21 Removal of persons from marine park or aquatic reserve\n\n21 Removal of persons from marine park or aquatic reserve\n\n> > (1) An authorised officer may direct a person to leave a marine park or an aquatic reserve or any part of a marine park or an aquatic reserve if, in the opinion of the authorised officer, the person:\n> > \n> > > (a) is unreasonably interfering with, or is likely to unreasonably interfere with, the relevant Ministers’ operations in the marine park or aquatic reserve, or\n> > \n> > > (b) is unreasonably interfering with a person’s use or enjoyment of the marine park or an aquatic reserve, or\n> > \n> > > (c) has committed an offence against the Act, this Regulation or the [Marine Estate Management (Management Rules) Regulation 1999](/view/html/inforce/current/sl-1999-0102) or is likely to commit such an offence.\n> \n> > (2) A person must not fail to comply with such a direction.\n> > \n> > Maximum penalty: 100 penalty units.\n> \n> > (3) An authorised officer may remove from a marine park or an aquatic reserve, or any part of a marine park or an aquatic reserve, any person who fails to comply with a direction under this clause and any vehicle, vessel, animal or other property in the possession of the person.","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"Removal of property from marine park or aquatic reserve","content":"#### 22 Removal of property from marine park or aquatic reserve\n\n22 Removal of property from marine park or aquatic reserve\n\n> > (1) An authorised officer may direct the person responsible for any property to remove the property from a marine park or an aquatic reserve or any part of a marine park or an aquatic reserve if, in the opinion of the authorised officer, the property:\n> > \n> > > (a) is unreasonably interfering with, or is likely to unreasonably interfere with, the relevant Ministers’ operations in the marine park or aquatic reserve, or\n> > \n> > > (b) is unreasonably interfering with a person’s use or enjoyment of the marine park or aquatic reserve, or\n> > \n> > > (c) has caused or is likely to cause a significant impact on species or habitats, or\n> > \n> > > (d) has created or is likely to create an environmental hazard.\n> \n> > (2) A person must not fail to comply with such a direction.\n> > \n> > Maximum penalty: 100 penalty units.\n> \n> > (3) An authorised officer may remove (or may arrange for another person to remove) from a marine park or an aquatic reserve, or any part of a marine park or an aquatic reserve, any property that is not removed by the person responsible for the property in accordance with a direction under this clause.\n> \n> > (4) In this clause:\n> > \n> > person responsible, in respect of property in a marine park or an aquatic reserve, means:\n> > \n> > > (a) the person who caused the property to be in the marine park or aquatic reserve, or\n> > \n> > > (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\n> > \n> > > (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.\n> > \n> > property includes a vehicle, vessel or mooring.","sortOrder":24},{"sectionNumber":"23","sectionType":"section","heading":"Removal of heavily fouled vessels from marine park or aquatic reserve","content":"#### 23 Removal of heavily fouled vessels from marine park or aquatic reserve\n\n23 Removal of heavily fouled vessels from marine park or aquatic reserve\n\n> > (1) An authorised officer may direct the master of a vessel to remove the vessel from a marine park or an aquatic reserve if the authorised officer reasonably believes that the vessel’s hull or machinery is so heavily fouled by marine organisms that it poses a significant risk of the introduction of exotic animals or plants into the marine park or aquatic reserve.\n> \n> > (2) A master of a vessel must not fail to comply with such a direction.\n> > \n> > Maximum penalty: 100 penalty units.","sortOrder":25},{"sectionNumber":"24","sectionType":"section","heading":"Information regarding aquaculture or commercial fishing","content":"#### 24 Information regarding aquaculture or commercial fishing\n\n24 Information regarding aquaculture or commercial fishing\n\n> > (1) The relevant Ministers may give a written notice to any one or more of the following:\n> > \n> > > (a) the holder of an aquaculture permit who carries out aquaculture in a marine park or an aquatic reserve,\n> > \n> > > (b) a commercial fisher who carries out commercial fishing in a marine park or an aquatic reserve,\n> > \n> > > (c) a fishing employer whose nominated fisher carries out commercial fishing in a marine park or an aquatic reserve,\n> > \n> > directing the person to provide the relevant Ministers, within such reasonable time as may be specified in the notice, with such information in relation to that aquaculture or commercial fishing as may be specified in the notice.\n> \n> > (2) A person must not fail to comply with the requirements of a notice served on the person under this clause.\n> > \n> > Maximum penalty: 100 penalty units.\n> \n> > (3) In this clause:\n> > \n> > aquaculture, aquaculture permit and commercial fisher have the same meanings as in the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038).\n> > \n> > commercial fishing means any activity involving the taking of any fish for purposes of sale.\n> > \n> > fishing employer and nominated fisher have the same meanings as in section 122 of the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038).","sortOrder":26},{"sectionNumber":"25","sectionType":"section","heading":"Things done by authorised officer or under direction of relevant Ministers","content":"#### 25 Things done by authorised officer or under direction of relevant Ministers\n\n25 Things done by authorised officer or under direction of relevant Ministers\n\n> An offence is not committed under this Regulation or the [Marine Estate Management (Management Rules) Regulation 1999](/view/html/inforce/current/sl-1999-0102) for anything done:\n> \n> > (a) by an authorised officer in the exercise of his or her functions as an authorised officer, or\n> \n> > (b) by a person under the direction of the relevant Ministers or an authorised officer.","sortOrder":27},{"sectionNumber":"26","sectionType":"section","heading":"Delegation of relevant Ministers’ functions","content":"#### 26 Delegation of relevant Ministers’ functions\n\n26 Delegation of relevant Ministers’ functions\n\n> The relevant Ministers may delegate the exercise of any of their functions under this Regulation or the [Marine Estate Management (Management Rules) Regulation 1999](/view/html/inforce/current/sl-1999-0102) (other than this power of delegation) to any of the following persons:\n> \n> > (a) an authorised officer,\n> \n> > (b) a Public Service employee,\n> \n> > (c) a person of a class approved by the relevant Ministers.","sortOrder":28},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":29},{"sectionNumber":"27","sectionType":"section","heading":"Seizure of things in marine parks or aquatic reserves","content":"#### 27 Seizure of things in marine parks or aquatic reserves\n\n27 Seizure of things in marine parks or aquatic reserves\n\n> For the purposes of section 67 (2) (e) of the Act, an offence against any of the following provisions is declared to be a forfeiture offence:\n> \n> > (a) section 62 (1) or (2) of the Act,\n> \n> > (b) a provision of the [Marine Estate Management (Management Rules) Regulation 1999](/view/html/inforce/current/sl-1999-0102), the contravention of which is designated as:\n> > \n> > > (i) a serious offence for the purposes of section 41 of the Act, or\n> > \n> > > (ii) a forfeiture offence.","sortOrder":30},{"sectionNumber":"28","sectionType":"section","heading":"Double jeopardy","content":"#### 28 Double jeopardy\n\n28 Double jeopardy\n\n> A person cannot be convicted of both an offence under this Regulation or the [Marine Estate Management (Management Rules) Regulation 1999](/view/html/inforce/current/sl-1999-0102) and an offence under the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038) (or the regulations under that Act) in respect of the same act or omission.","sortOrder":31},{"sectionNumber":"29","sectionType":"section","heading":"Exemption for Australian Defence Force activities","content":"#### 29 Exemption for Australian Defence Force activities\n\n29 Exemption for Australian Defence Force activities\n\n> > (1) This Regulation and the [Marine Estate Management (Management Rules) Regulation 1999](/view/html/inforce/current/sl-1999-0102) do not apply to or in respect of any activity carried out by or under the direction of the Commonwealth Department of Defence (including any arm of the Australian Defence Force).\n> \n> > (2) This clause does not prevent the relevant Ministers from entering into an arrangement with the Commonwealth with respect to the activities of the Australian Defence Force in marine parks.","sortOrder":32},{"sectionNumber":"30","sectionType":"section","heading":"Saving","content":"#### 30 Saving\n\n30 Saving\n\n> Any act, matter or thing that, immediately before the repeal of the [Marine Estate Management Regulation 2009](/view/html/repealed/current/sl-2009-0416), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":33},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 1 Penalty notice offences\n\nSchedule 1 Penalty notice offences\n\nFor the purposes of section 70 of the Act:\n\n> (a) each offence specified in this Schedule is an offence for which a penalty notice may be issued, and\n\n> (b) the amount payable under any such penalty notice is the amount specified in this Schedule for the offence.\n\n| Column 1 | Column 2 |\n| Provision | Penalty |\n| Offences under the Act |\n| Section 41 | $500 |\n| Section 62 (1) | $500 |\n| Section 62 (2) | $500 |\n| Section 63 (3) | $500 |\n| Section 68 (3) | $500 |\n| Offences under this Regulation |\n| Clause 13 (2) | $500 |\n| Clause 21 (2) | $200 |\n| Clause 22 (2) | $500 |\n| Clause 23 (2) | $200 |\n| Clause 24 (2) | $200 |\n| Offences under the Marine Estate Management (Management Rules) Regulation 1999 |\n| Clause 1.13 (1) | $500 |\n| Clause 1.14 (1) | $500 |\n| Clause 1.15 | $500 |\n| Clause 1.16 (1) (a) | $500 |\n| Clause 1.16 (1) (b) | $500 |\n| Clause 1.16 (1) (c) | $500 |\n| Clause 1.17 (2) (a) | $500 |\n| Clause 1.17 (2) (b) | $500 |\n| Clause 1.19 (1) (a) | $500 |\n| Clause 1.19 (1) (b) | $500 |\n| Clause 1.19 (1) (c) | $500 |\n| Clause 1.20 (2) | $500 |\n| Clause 1.22 (1) (a) | $500 |\n| Clause 1.22 (1) (b) | $500 |\n| Clause 1.22 (1) (c) | $500 |\n| Clause 1.23 (1) | $500 |\n| Clause 1.25 (1) | $500 |\n| Clause 1.25 (1A) | $500 |\n| Clause 1.25 (2) | $500 |\n| Clause 1.25 (2A) | $500 |\n| Clause 1.26 (1) (a) | $300 |\n| Clause 1.26 (1) (b) | $300 |\n| Clause 1.26 (1) (c) | $300 |\n| Clause 1.26 (1) (d) | $300 |\n| Clause 1.26 (1) (e) | $300 |\n| Clause 1.26 (2) | $300 |\n| Clause 1.26 (3) | $300 |\n| Clause 1.27 | $200 |\n| Clause 1.28 (1) (a) | $300 |\n| Clause 1.28 (1) (b) | $500 |\n| Clause 1.28 (1) (c) | $500 |\n| Clause 1.29 (1) (a) | $300 |\n| Clause 1.29 (1) (b) | $300 |\n| Clause 1.29 (1A) | $220 |\n| Clause 1.31 (1) | $300 |\n| Clause 1.32 (1) (a) | $500 |\n| Clause 1.32 (1) (b) | $500 |\n| Clause 1.33 (a) | $300 |\n| Clause 1.33 (b) | $300 |\n| Clause 1.33 (c) | $300 |\n| Clause 1.33 (d) | $300 |\n| Clause 1.34 (1) (a) | $200 |\n| Clause 1.34 (1) (b) | $200 |\n| Clause 1.34 (1) (c) | $200 |\n| Clause 1.34 (1) (d) | $200 |\n| Clause 1.35 (2) | $500 |\n| Clause 1.36 (1) | $500 |\n| Clause 1.37 | $500 |\n| Clause 1.38 (1) (a) | $200 |\n| Clause 1.38 (1) (b) | $200 |\n| Clause 1.38 (1) (c) | $500 |\n| Clause 1.39 | $500 |\n| Clause 1.40 (1) | $200 |","sortOrder":34}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulation appears consistent with its original purpose of operationalising the Marine Estate Management Act 2014. It replaces the 2009 Regulation without significant expansion beyond the core functions of permitting, enforcement, and administration of marine parks and aquatic reserves."},"complexity_factors":["Multiple cross-references to other legislation (Fisheries Management Act 1994, National Parks and Wildlife Act 1974, Marine Estate Management Act 2014, Marine Estate Management (Management Rules) Regulation 1999)","Joint decision-making requirement for 'relevant Ministers' (defined in parent Act, not this Regulation)","Nested conditions for permit refusal and cancellation (8 separate grounds for cancellation)","Extensive penalty notice schedule referencing offences in three different legal instruments","Defined terms scattered across clauses (e.g., 'person responsible' in clause 22, 'commercial fishing' terms in clause 24)","Savings clause preserving rights from repealed 2009 Regulation"],"plain_english_summary":"This Regulation sets out the rules for getting permission to do things in NSW marine parks and aquatic reserves—special protected ocean areas. It explains how people apply for permits, what the government must consider when deciding yes or no, and how permits can be cancelled or suspended. It also gives authorised officers (park rangers) powers to remove people, boats, or gear that are causing problems, and sets fines for breaking the rules. The Regulation works alongside fishing and national parks laws, meaning you need to follow those too. Defence Force activities are exempt."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The text explicitly replaces the Marine Estate Management Regulation 2009 and preserves acts that had effect immediately before repeal (cl. 2; cl. 30). The Regulation keeps the same subject-matter framework (permits, enforcement powers, information powers, and penalties) and is expressly applied subject to the Marine Estate Management Act and related Acts (cl. 3; cl. 4). The supplied text does not specify any expansion or narrowing of scope compared to the previous instrument; it conserves prior effect (cl. 30) rather than stating a changed substantive scope."},"complexity_factors":["Multiple procedural steps for applications and information requests (cl. 6–7)","A defined set of assessment criteria plus broad discretionary language giving Ministers flexibility (cl. 8–9, 11(2), 16(1)(h))","Interplay and explicit subordination to other Acts and instruments (cl. 4(1)–(3); cl. 3 definitions)","Various enforcement powers for authorised officers with immediate operational effects (cl. 21–23, cl. 25)","Numerous penalty regimes including fixed penalty notices listed in Schedule 1 and maximum penalty units for certain offences (cl. 13(2); Schedule 1)","Delegation of Ministerial functions to multiple classes of delegates (cl. 26)","Permit-quantity controls and priority allocation mechanism that add administrative allocation complexity (cl. 20)"],"plain_english_summary":"What this regulation does, in practical terms\n\n- It sets out how people may get permission (a permit) to carry out activities in NSW marine parks and aquatic reserves, and how those permits are managed, enforced and ended. (Part 2: cl. 5–20)\n\n- Applications must be made in an approved form (cl. 6). Ministers can ask for extra information and refuse to consider an application if required information is not provided in the time specified (cl. 7). The Ministers must have regard to a set of assessment criteria when deciding (cl. 8–9), though minor-impact educational or research activities may be treated differently (cl. 8(2)).\n\n- Consent is given only as a written permit (cl. 12). Permits can include conditions (cl. 13), can authorise other named persons to use the permit (cl. 14), run for the period stated (cl. 15) and may be surrendered by the holder (cl. 19).\n\n- The Ministers may refuse or must refuse in stated circumstances: they must refuse if an activity is inconsistent with the Act or relevant determinations (cl. 10); they may refuse for procedural failings, recent convictions or penalty notices, or inconsistency with assessment criteria (cl. 11).\n\n- Permits may be cancelled, suspended or varied for specified reasons including non‑compliance, false statements, unforeseen environmental harm or if the activity fails to commence within 120 days (cl. 16–18). Suspensions take effect on the date in the notice and can be revoked (cl. 17).\n\n- The Ministers may limit how many permits may be in force for a park, reserve or zone and may set priority among classes of applicants (cl. 20). In making those limits they must consider existing uses and environmental, cultural, social or economic impacts (cl. 20(2)).\n\n- Authorised officers have on-site enforcement powers. They may direct people to leave or remove property (cl. 21–22), and may order the master of a vessel to leave if the vessel is heavily fouled (cl. 23). Failure to comply with such directions is an offence with specified penalties (cl. 21(2), 22(2), 23(2)).\n\n- The Ministers may require information from commercial fishers and aquaculture permit holders about their activities in parks and reserves (cl. 24). Failure to comply with such a notice is an offence (cl. 24(2)).\n\n- Actions taken by authorised officers in the exercise of their functions, and actions taken under direction of the Ministers or an authorised officer, are not offences under these regulations or the Management Rules (cl. 25).\n\n- The Ministers’ functions under the Regulation (except the power to delegate) may be delegated to authorised officers, public servants or an approved class of person (cl. 26).\n\n- Certain offences are declared forfeiture offences for the purpose of seizure (cl. 27). A person cannot be convicted under both this Regulation (or the Management Rules) and the Fisheries Management Act for the same act or omission (cl. 28).\n\n- The Regulation does not apply to activities carried out by or under the direction of the Commonwealth Department of Defence (including the ADF), though the Ministers may enter arrangements with Defence about such activities (cl. 29).\n\n- Acts that had effect under the 2009 Regulation continue to have effect under this Regulation (cl. 30).\n\n- A Schedule lists offences that are eligible for penalty notices and the dollar amounts for those penalty notices. The Schedule sets different fixed penalty amounts for specific offences under the Act, this Regulation and the Management Rules (Schedule 1).\n\nWho this affects and who decides\n\n- Applicants and permit holders: must apply in approved form, respond to information requests, follow permit conditions, and may bear costs from suspension/cancellation or compliance (cl. 6–7, 13, 16–19). The permit-holder pays direct compliance costs and faces penalties for breaches (cl. 13(2); Schedule 1).\n\n- Commercial fishers and aquaculture operators working in marine parks or aquatic reserves: may be required to provide information on demand (cl. 24). That is a compliance obligation backed by penalties (cl. 24(2); Schedule 1).\n\n- Authorised officers and the relevant Ministers: make decisions about consent, conditions, limits on permits, enforcement directions, and delegations (cl. 5–20, 21–26). Many powers are discretionary (see cl. 8(3), 11(2), 16(1)(h), 20).\n\nOfficial purpose-claims and practical mechanics\n\n- The text frames these provisions as implementing the Marine Estate Management Act 2014 and providing a consent, enforcement and penalty framework for marine parks and aquatic reserves (see definition \"the Act\" in cl. 3). The stated assessment criteria list environmental, operational and legal considerations the Ministers must \"have regard to\" when deciding (cl. 9). That is an explicit mechanism for balancing statutory objects and park zoning rules against proposed activities.\n\nCosts, incentives and trade-offs (mechanisms, with clause references)\n\n- Compliance burden on applicants and operators: applications must follow an approved form (cl. 6) and can be delayed or refused if requested information is not supplied (cl. 7(2)). Commercial operators may face recurring information demands (cl. 24).\n\n- Enforcement threat and sanctioning: permit conditions are legally enforceable; breach is an offence carrying a maximum penalty of 100 penalty units (cl. 13(2)). Specific lower fixed penalty notice amounts are set out in Schedule 1 for a range of offences, creating predictable monetary penalties for particular contraventions (Schedule 1).\n\n- Discretion and administrative choice: Ministers have broad discretion to refuse, limit, suspend, cancel or vary permits (cl. 11, 16–18, 20). The requirement to \"have regard to\" assessment criteria (cl. 8–9) guides decisions but does not rigidly bind them (cl. 8(3), 11(2)). Those discretionary powers can accelerate or delay private projects depending on administrative choices.\n\n- Supply restrictions and allocation effects: Ministers can cap the number of permits in a zone and set priority classes (cl. 20). That directly limits the quantity of permitted activity and creates an administrative allocation mechanism that can advantage prioritized classes of applicants.\n\n- Delegation and operational risk: key decision-making functions may be delegated to authorised officers and public service employees (cl. 26). Delegation can increase administrative capacity but also shifts decision-making from Ministers to delegates, which affects how consistently rules are applied.\n\nImplementation risks and unintended consequences (mechanisms)\n\n- Timing and delay risk from information requests: an application may not be considered if required information is not provided within the specified time (cl. 7(2)). That creates a hard deadline which can stall projects.\n\n- Broad grounds for cancellation/suspension: permits may be ended where unforeseen environmental harm occurs or where Ministers consider other reasons appropriate with regard to the Act's objects (cl. 16(1)(b),(c),(h)). These provisions create a contingent risk to ongoing activities where new information emerges.\n\n- Information collection vs commercial confidentiality: clause 24 empowers notices requiring operational information from aquaculture and commercial fishing operators. The text does not specify limits on use or publication of that information, which is a practical point for operators to consider (cl. 24).\n\nWhat the Regulation changes mechanically (explicitly stated)\n\n- It replaces the former Marine Estate Management Regulation 2009 and commenced on 1 September 2017 (cl. 2). It preserves acts and rights that existed immediately before repeal (cl. 30).\n\nKey cross-references to other laws\n\n- The Regulation operates in the context of the Marine Estate Management Act 2014 (cl. 3) and is expressly subject to section 65 of that Act (cl. 4(1)). It does not authorise acts that would contravene the Fisheries Management Act 1994, National Parks and Wildlife Act 1974 or aquatic/marine park notifications (cl. 4(2)–(3)).\n\nPractical takeaway\n\n- If you plan to carry out activities in a NSW marine park or aquatic reserve you will normally need a written permit, must apply in an approved form, may be required to provide further information, and must comply with permit conditions and enforcement directions. The Ministers retain broad discretion to grant, limit, condition, suspend or cancel permits and to collect information from commercial operators. Penalties and a Schedule of fixed penalty notice amounts apply for specified contraventions (cl. 5–20, 21–26, cl. 13(2), cl. 24, Schedule 1)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the regulation's scope changed from its original intent. The document contains only administrative and status metadata, with no substantive provisions visible. The regulation has not been amended since commencement in 2017, which suggests its scope has remained static, but no definitive assessment of original versus current intent can be made."},"complexity_factors":["Only metadata is available — the actual operative provisions of the regulation were not included in the provided document, preventing full analysis","Regulation sits within a layered legislative framework (subordinate to the Marine Estate Management Act 2014), adding interpretive complexity","Staged repeal mechanism under the Subordinate Legislation Act 1989 adds a procedural layer to understand","Marine estate law often intersects with fisheries, environmental, planning, and Commonwealth law — though this cannot be confirmed without the full text"],"plain_english_summary":"## Marine Estate Management Regulation 2017 (NSW)\n\nThis is a **NSW regulation** (a type of law made under an existing Act, rather than by Parliament directly) that sits under the *Marine Estate Management Act 2014*. It deals with the management of NSW's **marine estate** — which includes coastal waters, estuaries, marine parks, and related areas along the NSW coastline.\n\n**What does it actually do?**\nUnfortunately, the document provided contains only the **metadata and status information** for this regulation — not the actual operative content (the rules themselves). Based on what is visible, we can confirm:\n\n- The regulation has been **in force since 31 August 2017** and has not been amended since.\n- It is scheduled for **automatic repeal on 1 September 2026** under NSW's standard process for reviewing subordinate legislation (this is a routine sunset mechanism — think of it as a built-in expiry date that forces governments to actively renew laws they want to keep).\n- It applies in **New South Wales only**.\n\n**Who might be affected?**\nGiven its parent Act, this regulation likely affects:\n- **Commercial and recreational fishers** operating in NSW marine areas\n- **Marine park users** (boaters, divers, tourism operators)\n- **Coastal landowners and developers**\n- **Government agencies** managing NSW marine environments\n\n**Why does it matter?**\nMarine estate regulations typically set out practical rules — fees, permits, prohibited activities, zoning requirements — that directly affect what you can and cannot do in NSW coastal and marine areas. Without the full text, the specific impacts cannot be confirmed."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/marine-estate-management-regulation-2017","history":"/api/acts/marine-estate-management-regulation-2017/history","analysis":"/api/acts/marine-estate-management-regulation-2017/analysis","conflicts":"/api/acts/marine-estate-management-regulation-2017/conflicts","importantCases":"/api/acts/marine-estate-management-regulation-2017/important-cases","documents":"/api/acts/marine-estate-management-regulation-2017/documents"}}