{"id":"marine-parks-act-2007","name":"Marine Parks Act 2007","slug":"marine-parks-act-2007","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105908,"registerId":"sa-marine-parks-act-2007-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Marine Parks Act 2007","content":"South Australia\nMarine Parks Act 2007\nAn Act to provide for a system of marine parks for the State; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tMeaning of zone\n5\tMeaning of special purpose area\n6\tInteraction with other Acts\n7\tAct binds Crown\nPart 2—Objects of Act\n8\tObjects\n9\tAdministration of Act to achieve objects\nPart 3—Marine parks\nDivision 1—Establishment of marine parks\n10\tEstablishment of marine parks\nDivision 2—Management of marine parks\n11\tInterpretation\n12\tManagement of marine parks\n13\tGeneral nature and content of management plans\n14\tProcedure for making or amending management plans\n15\tParliamentary scrutiny\n16\tAvailability and evidence of management plans\nDivision 3—Regulation of activities within marine parks\n17\tZones\n18\tTemporary prohibition or restriction of activities\nDivision 4—Permits\n19\tPermits for activities\n20\tContravention of condition of permit\nDivision 5—Affected statutory authorisations\n21\tAffected statutory authorisations\nPart 4—Administration\nDivision 1—Minister\n22\tFunctions and powers of Minister\n23\tDelegation\nDivision 2—Functions of Parks and Wilderness Council under this Act\n29\tFunctions of Council\nDivision 3—Authorised officers\n32\tAppointment of authorised officers\n33\tIdentification of authorised officers\n34\tPowers of authorised officers\n35\tHindering etc persons engaged in administration of Act\n36\tProtection from self-incrimination\nPart 5—General duty of care\n37\tGeneral duty of care\nPart 6—Protection and other orders\nDivision 1—Orders\n38\tProtection orders\n39\tAction on non-compliance with protection order\n40\tReparation orders\n41\tAction on non-compliance with a reparation order\n42\tReparation authorisations\n43\tRelated matters\nDivision 2—Registration of orders and effect of charges\n44\tRegistration\n45\tEffect of charge\nPart 7—Appeals to ERD Court\n46\tAppeals to ERD Court\nPart 8—Civil remedies\n47\tCivil remedies\nPart 9—Provisions relating to official insignia\n48\tInterpretation\n49\tDeclaration of logo\n50\tProtection of official insignia\n51\tSeizure and forfeiture of goods\nPart 10—Miscellaneous\n52\tNative title\n54\tFalse or misleading information\n55\tContinuing offence\n56\tOffences by bodies corporate\n57\tAdditional orders on conviction\n58\tGeneral defence\n59\tCriminal jurisdiction of ERD Court\n60\tConfidentiality\n61\tService\n62\tEvidentiary provisions\n63\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Marine Parks Act 2007.\n3—Interpretation\n\t(1)\tIn this Act—\nactivity includes the storage or possession of anything (including something in liquid or gaseous form);\nassociate—see subsection (2);\nauthorised officer means a person appointed under Part 4 Division 3;\nbusiness includes a business not carried on for profit or gain;\nChief Executive means the Chief Executive of the Department and includes a person for the time being acting in that position;\ncoastal waters of the State means any part of the sea that is from time to time included in the coastal waters of the State by virtue of the Coastal Waters (State Powers) Act 1980 of the Commonwealth;\ncondition includes a limitation;\ncontravene includes fail to comply with;\nCouncil means the Parks and Wilderness Council established under the National Parks and Wildlife Act 1972;\ncouncil means a council within the meaning of the Local Government Act 1999;\nDepartment means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act;\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nERD Court means the Environment, Resources and Development Court established under the Environment, Resources and Development Court Act 1993;\ngeneral duty of care means the duty under Part 5;\nharm—see subsection (4);\nindigenous land use agreement means an indigenous land use agreement registered under Part 2 Division 3 of the Native Title Act 1993 of the Commonwealth;\nland includes air above land;\nmanagement plan means a management plan under Part 3 Division 2;\nmarine park means an area established as a marine park under Part 3 Division 1;\npermit means a permit under Part 3 Division 4;\nplace includes any land, water, premises or structure;\nprohibiting or restricting an activity—see subsection (5);\nprotection order means a protection order under Part 6 Division 1;\npublic authority includes a Minister, statutory authority or council;\nrelated operational Act means an Act declared by the regulations to be a related operational Act;\nreparation order means a reparation order under Part 6 Division 1;\nrestrict includes regulate;\nsea includes land beneath sea and air above sea;\nspecial purpose area—see section 5;\nspouse—a person is the spouse of another if they are legally married;\nstatutory authorisation means an approval, consent, licence, permit or other authorisation or entitlement granted, arising or required under an Act;\nstatutory instrument means—\n\t(a)\ta plan, program or policy; or\n\t(b)\tany other instrument of a prescribed kind,\nmade under an Act;\ntaking action to make good harm—see subsection (6);\nvehicle includes aircraft;\nvessel means—\n\t(a)\ta ship, boat or vessel; or\n\t(b)\tan air-cushion vehicle, or other similar craft, used on water; or\n\t(c)\ta surf board, wind surf board, motorised jet ski, water skis or other similar device on which a person rides through water; or\n\t(d)\ta structure that is designed to float in water;\nwaters includes land beneath waters and air above waters;\nzone—see section 4.\n\t(2)\tFor the purposes of this Act, a person is an associate of another if—\n\t(a)\tthey are partners; or\n\t(b)\t1 is a spouse, domestic partner, parent or child of another; or\n\t(c)\tthey are both trustees or beneficiaries of the same trust, or 1 is a trustee and the other is a beneficiary of the same trust; or\n\t(d)\t1 is a body corporate or other entity (whether inside or outside Australia) and the other is a director or member of the governing body of the body corporate or other entity; or\n\t(e)\t1 is a body corporate or other entity (whether inside or outside Australia) and the other is a person who has a legal or equitable interest in 5 per cent or more of the share capital of the body corporate or other entity; or\n\t(f)\tthey are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or\n\t(g)\ta chain of relationships can be traced between them under any 1 or more of the above paragraphs.\n\t(3)\tFor the purposes of subsection (2), a beneficiary of a trust includes an object of a discretionary trust.\n\t(4)\tFor the purposes of this Act—\n\t(a)\tharm includes—\n\t(i)\ta risk of harm, and future harm; and\n\t(ii)\tanything declared by regulation to be harm to a marine park; and\n\t(b)\tharm need not be permanent but must be more than transient or tenuous in nature.\n\t(5)\tFor the purposes of this Act, a reference to prohibiting or restricting an activity within a marine park, or a zone or other area of a marine park, includes a reference to prohibiting or restricting access (including access by aircraft) to the marine park or zone or area.\n\t(6)\tFor the purposes of this Act, taking action to make good harm to a marine park includes taking the following action:\n\t(a)\tminimising, managing or containing the harm;\n\t(b)\tremedying the harm;\n\t(c)\taddressing the consequences resulting from the harm;\n\t(d)\tcompensating for any loss or adverse impacts arising from the harm.\n\t(7)\tFor the purposes of this Act, the Minister may, in assessing the costs of taking action to make good harm to a marine park, apply any assumptions determined by the Minister to be reasonable in the circumstances.\n4—Meaning of zone\n\t(1)\tFor the purposes of this Act, a zone is an area within a marine park that—\n\t(a)\thas boundaries defined by the management plan for the marine park; and\n\t(b)\tis identified by the management plan as a particular type of zone depending on the degree of protection required within the area.\n\t(2)\tIt is intended that the regulations will make provision for the following types of zones:\n\t(a)\ta general managed use zone—being a zone primarily established so that an area may be managed to provide protection for habitats and biodiversity within a marine park, while allowing ecologically sustainable development and use;\n\t(b)\ta habitat protection zone—being a zone primarily established so that an area may be managed to provide protection for habitats and biodiversity within a marine park, while allowing activities and uses that do not harm habitats or the functioning of ecosystems;\n\t(c)\ta sanctuary zone—being a zone primarily established so that an area may be managed to provide protection and conservation for habitats and biodiversity within a marine park, especially by prohibiting the removal or harm of plants, animals or marine products;\n\t(d)\ta restricted access zone—being a zone primarily established so that an area may be managed by limiting access to the area.\n\t(3)\tThe regulations may, for the purposes of a zone, apply various prohibitions or restrictions to the different types of zones.\n\t(4)\tThe regulations may provide for other matters associated with the establishment or management of a zone (including by regulating other activities or circumstances that may arise by virtue of the creation or existence of a zone).\n5—Meaning of special purpose area\nFor the purposes of this Act, a special purpose area is an area within a marine park, identified as a special purpose area and with boundaries defined by the management plan for the marine park, in which specified activities, that would otherwise be prohibited or restricted as a consequence of the zoning of the area, will be permitted under the terms of the management plan.\n6—Interaction with other Acts\n\t(1)\tSubject to subsection (2), this Act is in addition to the provisions of any other Act.\n\t(2)\tThe prohibitions or restrictions applying within a marine park under this Act will, to the extent prescribed by the regulations, have effect despite the provisions of any other Act.\n7—Act binds Crown\nThis Act binds the Crown in right of this State and also, so far as the legislative power of the State extends, the Crown in all its other capacities, but not so as to impose any criminal liability on the Crown.\nPart 2—Objects of Act\n8—Objects\n\t(1)\tThe objects of this Act are—\n\t(a)\tto protect and conserve marine biological diversity and marine habitats by declaring and providing for the management of a comprehensive, adequate and representative system of marine parks; and\n\t(b)\tto assist in—\n\t(i)\tthe maintenance of ecological processes in the marine environment; and\n\t(ii)\tthe adaptation to the impacts of climate change in the marine environment; and\n\t(iii)\tprotecting and conserving features of natural or cultural heritage significance; and\n\t(iv)\tallowing ecologically sustainable development and use of marine environments; and\n\t(v)\tproviding opportunities for public appreciation, education, understanding and enjoyment of marine environments.\n\t(2)\tFor the purposes of this Act, ecologically sustainable development comprises the use, protection, conservation, development and enhancement of the marine environment in a way, and at a rate, that will enable people and communities to provide for their economic, social and physical well‑being and for their health and safety while—\n\t(a)\tsustaining the potential of the marine environment to meet the reasonably foreseeable needs of future generations; and\n\t(b)\tsafeguarding the life‑supporting capacities and processes of the marine environment; and\n\t(c)\tavoiding, remedying or mitigating any adverse effects of activities on the marine environment.\n\t(3)\tThe following principles should be taken into account in connection with achieving ecologically sustainable development for the purposes of this Act:\n\t(a)\tdecision‑making processes should effectively integrate both long term and short term economic, environmental, social and equity considerations;\n\t(b)\tif there are threats of serious or irreversible harm to the marine environment, lack of full scientific certainty should not be used as a reason for postponing measures to prevent harm;\n\t(c)\tdecision‑making processes should be guided by the need to evaluate carefully the risks of any situation or proposal that may adversely affect the marine environment and to avoid, wherever practicable, causing any serious or irreversible harm to the marine environment;\n\t(d)\tthe present generation should ensure that the health, diversity and productivity of the marine environment is maintained or enhanced for the benefit of future generations;\n\t(e)\ta fundamental consideration should be the conservation of biological diversity and ecological integrity;\n\t(f)\tenvironmental factors should be taken into account when valuing or assessing assets or services, costs associated with protecting or restoring the marine environment should be allocated or shared equitably and in a manner that encourages the responsible use of the marine environment, and people who obtain benefits from the marine environment, or who adversely affect or consume natural resources, should bear an appropriate share of the costs that flow from their activities;\n\t(g)\tif the management of the marine environment requires the taking of remedial action, the first step should, insofar as is reasonably practicable and appropriate, be to encourage those responsible to take such action before resorting to more formal processes and procedures;\n\t(h)\tconsideration should be given to Aboriginal heritage, and to the interests of the traditional owners of any land or other natural resources;\n\t(i)\tconsideration should be given to other heritage issues, and to the interests of the community in relation to conserving heritage items and places;\n\t(j)\tthe involvement of the public in providing information and contributing to processes that improve decision‑making should be encouraged;\n\t(k)\tthe responsibility to achieve ecologically sustainable development should be seen as a shared responsibility between the State government, the local government sector, the private sector, and the community more generally.\n9—Administration of Act to achieve objects\nThe Minister, the ERD Court and other persons or bodies involved in the administration of this Act, and any other person or body required to consider the operation or application of this Act (whether acting under this Act or another Act), must act consistently with, and seek to further, the objects of this Act.\nPart 3—Marine parks\nDivision 1—Establishment of marine parks\n10—Establishment of marine parks\n\t(1)\tThe Governor may, by proclamation made on the recommendation of the Minister—\n\t(a)\testablish a specified area as a marine park; and\n\t(b)\tassign a name to the marine park so established.\n\t(2)\tThe Minister must, in formulating a recommendation for the purposes of subsection (1), seek, and have regard to, the advice of the Council.\n\t(3)\tThe area to be specified by proclamation as a marine park is to consist of a part of the sea that is within the limits of the State or the coastal waters of the State, and may include land or waters held by, or on behalf of, the Crown within or adjacent to the specified part of the sea. \n\t(4)\tA proclamation under this section—\n\t(a)\tmust define the boundaries of the marine park; and\n\t(b)\tmay, on the recommendation of the Minister, contain provisions (interim protection orders) that prohibit or restrict activities within the marine park with a view to ensuring that areas in a marine park are not adversely affected prior to the adoption by the Minister of a management plan for the marine park.\n\t(5)\tThe Minister must take into account the following matters before making a recommendation under subsection (4)(b)—\n\t(a)\tany management arrangements that are already applying in relation to the area; and\n\t(b)\tany development authorisations that have been given under the Planning, Development and Infrastructure Act 2016 in relation to the area; and\n\t(c)\tany advice received from the Council,\nand may take into account such other matters as the Minister thinks fit.\n\t(6)\tA person must not contravene an interim protection order contained in a proclamation under this section.\nMaximum penalty: $100 000 or imprisonment for 2 years.\n\t(7)\tThe Minister must, after the Governor has established a marine park under this section, in the manner prescribed by the regulations, give public notice of the making of the relevant proclamation and, in so doing—\n\t(a)\tspecify a place or places where copies of the proclamation may be inspected or purchased; and\n\t(b)\tinvite submissions from interested persons within a period (of at least 6 weeks) specified by the Minister on the boundaries of the marine park.\n\t(8)\tThe Minister must consider any submissions received under subsection (7)(b) and may, after taking into account any matters or advice determined by the Minister to be relevant in the circumstances, recommend to the Governor that the boundaries of the marine park be altered.\n\t(9)\tThe Governor may, by subsequent proclamation (whether or not a process under subsection (7) or (8) has been completed)—\n\t(a)\tabolish a marine park established under this section; or\n\t(b)\ton the recommendation of the Minister, alter the boundaries of a marine park established under this section; or\n\t(c)\talter the name of a marine park established under this section; or\n\t(d)\ton the recommendation of the Minister, vary or revoke an interim protection order contained in a proclamation under this section.\n\t(10)\tThe Minister must, in formulating a recommendation for the purposes of paragraphs (b) and (d) of subsection (9), seek, and have regard to, the advice of the Council.\n\t(11)\tSubject to subsection (13), a proclamation must not be made under subsection (9)(a) or (b), by virtue of which an area ceases to be, or ceases to be included in, a marine park, except in accordance with a resolution passed by both Houses of Parliament.\n\t(12)\tNotice of a motion for a resolution under subsection (11) must be given at least 14 sitting days before the motion is passed.\n\t(13)\tSubsection (11) does not apply to a proclamation made on the recommendation of the Minister under subsection (8) within 6 months of the publication of a notice under subsection (7).\nDivision 2—Management of marine parks\n11—Interpretation\nIn this Division—\n\t(a)\ta reference to a draft management plan includes a reference to a draft amendment to, or a draft revocation of, a management plan previously made under this Part; and\n\t(b)\ta reference to a management plan includes a reference to an amendment to, or a revocation of, a management plan previously made under this Part; and\n\t(c)\ta reference to an initial management plan for a marine park means the management plan first declared by the Governor to be an authorised management plan for the marine park after the establishment of the marine park.\n12—Management of marine parks\nThe Minister must manage a marine park in accordance with a management plan for the park.\n13—General nature and content of management plans\n\t(1)\tA management plan for a marine park—\n\t(a)\tmust be consistent with the objects of this Act and set out strategies for achieving those objects in relation to the park; and\n\t(b)\tmust establish the various types of zones within the park and define their boundaries; and\n\t(c)\tmay identify and define the boundaries of special purpose areas within the park and set out the activities that will be permitted in the areas; and\n\t(d)\tmay direct the management of day‑to‑day issues associated with any aspect of the park, or the use or protection of the park (including scientific monitoring or research); and\n\t(e)\tmay provide guidelines with respect to the granting of permits for various activities that might be allowed within the park.\n\t(2)\tA management plan must take into account—\n\t(a)\tthe provisions of a document identified by the Minister, by notice in the Gazette, as the State's general strategic plan; and\n\t(b)\tany relevant state planning policy or regional plan, and the Planning and Design Code, under the Planning, Development and Infrastructure Act 2016; and\n\t(c)\tthe provisions of the State Landscape Strategy and any relevant regional landscape plan under the Landscape South Australia Act 2019; and\n\t(d)\tthe provisions of any relevant environment protection policy under the Environment Protection Act 1993; and\n\t(e)\tthe provisions of any indigenous land use agreement; and\n\t(f)\tthe provisions of any statutory instrument under a related operational Act (insofar as is relevant to the operation of this Act and reasonably practicable).\n14—Procedure for making or amending management plans\n\t(1)\tThe Minister must, as soon as practicable after the establishment of a marine park, commence the process for the making of a management plan in relation to the park (with the view of completing the management plan within 3 years of the date of the relevant proclamation).\n\t(2)\tThe Minister must review a management plan at least once in every 10 years.\n\t(3)\tThe Minister may propose the amendment of a management plan at any time.\n\t(4)\tThe Minister must, in relation to a proposal to make or amend a management plan—\n\t(a)\tby notice published on a website determined by the Minister, give notice of the intention to make or amend a management plan; and\n\t(b)\tpublish, on a website determined by the Minister, a statement of the environmental, economic and social values of the area concerned; and\n\t(c)\tprepare a draft of the management plan or amendment and a statement (an impact statement) of the expected environmental, economic and social impacts of the management plan or amendment; and\n\t(d)\tseek the views of—\n\t(i)\tall relevant Ministers; and\n\t(ii)\tthe Council; and\n\t(iii)\ta representative of all signatories to any indigenous land use agreement that is in force in relation to any of the area comprising the marine park; and\n\t(iv)\ta representative of any native title holders or claimants that have a native title determination or registered native title claim; and\n\t(v)\tsuch persons or bodies as the Minister determines to be leading representatives of—\n\t(A)\tthe environment and conservation sector; and\n\t(B)\tlocal government; and\n\t(C)\tthe commercial fishing industry; and\n\t(D)\tthe aquaculture industry; and\n\t(E)\tthe recreational fishing sector; and\n\t(F)\tthe mining and petroleum industries; and\n\t(G)\tthe tourism sector; and\n\t(H)\tthe general business sector,\nin relation to the draft; and\n\t(e)\tpublish the draft management plan and impact statement on a website determined by the Minister (so as to be accessible and capable of being printed without a charge imposed by the Minister), and make copies of the plan and impact statement available for inspection (without charge) or purchase at a place or places determined by the Minister; and\n\t(f)\tby notice published on a website determined by the Minister, specify the place or places at which copies of the draft plan and impact statement are available for inspection (without charge) or purchase and specify an address to which interested persons may send written representations in relation to the draft within the period specified in the notice (being not less than 6 weeks from the date of publication of the notice).\n\t(5)\tThe Minister may, in relation to the preparation of a draft to make or amend a management plan, seek the views of any person as he or she sees fit.\n\t(6)\tIf the Minister is of the opinion that a draft amendment of a management plan is not substantive in nature—\n\t(a)\tthe Minister need not prepare a statement of environmental, economic and social values or an impact statement; and\n\t(b)\tthe Minister may dispense with the requirements of subsection (4)(f).\n\t(7)\tAt the end of the period referred to in the notice under subsection (4)(f) and, in any event, before adopting a draft management plan, the Minister—\n\t(a)\tmust consider any views expressed to the Minister under this section in relation to the draft and any representations made by members of the public in response to the notice; and\n\t(b)\tmay make such alterations to the draft as the Minister thinks necessary or desirable.\n\t(8)\tOn adopting a draft management plan, the Minister may refer the plan to the Governor and the Governor may, by notice in the Gazette—\n\t(a)\tdeclare the draft to be an authorised management plan; and\n\t(b)\tfix a day on which the plan will come into operation.\n\t(9)\tThe Minister must, within 6 sitting days after the declaration of a management plan for a marine park, cause copies of the plan to be laid before both Houses of Parliament.\n\t(10)\tA failure of the Minister to comply with a requirement of this section does not affect the validity of a management plan.\n\t(11)\tIn this section—\nrelevant Minister means a Minister responsible for the administration of a related operational Act.\n15—Parliamentary scrutiny\nSections 10 and 10A of the Subordinate Legislation Act 1978 apply to an authorised management plan for a marine park (other than an initial management plan) as if it were a regulation within the meaning of that Act.\n16—Availability and evidence of management plans\n\t(1)\tCopies of each management plan and of any other document referred to in a management plan must be kept available for inspection (without charge) by the public during ordinary office hours at a place or places determined by the Minister.\n\t(2)\tEach management plan must also be published on a website determined by the Minister.\n\t(3)\tIn legal proceedings, evidence of the contents of a management plan or of a document referred to in a management plan may be given by production of a document certified by the Minister as a true copy of the plan or other document.\n\t(4)\tAn apparently genuine document purporting to be a certificate of the Minister will be accepted as such in the absence of proof to the contrary.\nDivision 3—Regulation of activities within marine parks\n17—Zones\n\t(1)\tSubject to this Act, a person must not contravene a provision of the regulations prohibiting or restricting activities within a zone of a marine park.\nMaximum penalty: $100 000 or imprisonment for 2 years.\n\t(2)\tIf the circumstances of an alleged offence against subsection (1) are constituted by a person undertaking recreational fishing by use of a hand line or rod and line, a prosecution cannot be commenced against the person unless the person had previously been given a warning in the prescribed manner and form by an authorised officer and, in allegedly committing the offence, acted in contravention of that warning.\n\t(3)\tFor the purposes of subsection (2), a certificate executed by an authorised officer certifying as to the giving of a warning specified in the certificate constitutes proof of the matters so certified in the absence of proof to the contrary.\n\t(4)\tSubsection (2) does not apply if it is alleged that the offence was committed in a restricted access zone.\n\t(5)\tIn this section, hand line, recreational fishing and rod and line have the same respective meanings as in the Fisheries Management Act 2007.\n18—Temporary prohibition or restriction of activities\n\t(1)\tThe Minister may, by notice published in the Gazette, in a newspaper circulating generally within the State and on a website determined by the Minister, prohibit or restrict specified activities within a marine park, or a zone or other area of a marine park, for a maximum period of 90 days.\n\t(2)\tThe Minister may prohibit or restrict specified activities under subsection (1) if, in the Minister's opinion, such a prohibition or restriction is necessary in circumstances of urgency—\n\t(a)\tto protect a species of plant or animal; or\n\t(b)\tto protect a feature of natural or cultural heritage significance; or\n\t(c)\tto protect public safety.\n\t(3)\tThe Minister may, by notice published in the Gazette, in a newspaper circulating generally within the State and on a website determined by the Minister, amend, extend or revoke a prohibition or restriction under subsection (1).\n\t(4)\tThe maximum period for which a prohibition or restriction may operate under this section is 180 days.\n\t(5)\tA person must not contravene a prohibition or restriction under this section.\nMaximum penalty: $100 000 or imprisonment for 2 years.\nDivision 4—Permits\n19—Permits for activities\n\t(1)\tThe Minister may grant a permit to a person to engage in an activity within a marine park, or a zone or other area of a marine park, that would otherwise be prohibited or restricted under Division 3.\n\t(2)\tThe regulations may limit the activities for which a permit may be granted under this section.\n\t(3)\tAn applicant for a permit under this section must make the application in a manner and form determined by the Minister.\n\t(4)\tThe Minister must refuse to grant a permit if the granting of the permit is precluded by the regulations, and may refuse to grant a permit if, in the Minister's opinion, the application should be refused—\n\t(a)\tbecause the applicant is not a fit and proper person to hold the permit; or\n\t(b)\tbecause to grant the permit would be prejudicial to the interests of conservation; or\n\t(c)\tfor any other sufficient reason, having regard to any applicable guidelines in the management plan for the marine park or the objects of this Act.\n\t(5)\tA permit—\n\t(a)\tmust specify the purpose or purposes for which it is issued; and\n\t(b)\tis subject to such conditions as the Minister thinks fit; and\n\t(c)\tmay, if the holder of the permit has, in the opinion of the Minister, contravened this Act, be revoked by the Minister by notice in writing given to the person; and\n\t(d)\tmay be revoked by the Minister by instrument in writing given to the holder of the permit if, in the opinion of the Minister, it is in the interests of conservation to do so.\n\t(6)\tA condition of a permit may require compliance with a specified code of practice, standard or other document as in force at a specified time or as in force from time to time.\n\t(7)\tA permit—\n\t(a)\tcomes into operation on the day fixed in the permit for its commencement or if no such day is fixed, on the day on which it is granted; and\n\t(b)\texpires on the day fixed in the permit for its expiry or, if no such day is fixed, on the expiration of 12 months from the day on which it came into operation.\n\t(8)\tThe conditions of a permit may be varied—\n\t(a)\tif a permit is issued for a period of more than 12 months, on the expiration of 12 months from the day on which it came into operation; or\n\t(b)\tat the discretion of the Minister if—\n\t(i)\tthe holder of the permit contravenes this Act; or\n\t(ii)\tin the opinion of the Minister, there is significant risk of harm to a marine park occurring; or\n\t(iii)\ta management plan for a marine park is amended resulting in an alteration of the zones, or the boundaries of the zones, of the marine park; or\n\t(c)\tat any time—\n\t(i)\twith the consent of the applicant; or\n\t(ii)\tas provided for by the regulations or a condition of the permit.\n\t(9)\tA permit granted under this section may be transferred only if it is a permit for a prescribed activity or a permit of a prescribed class and the transfer complies with any prescribed conditions.\n20—Contravention of condition of permit\nIf the holder of a permit, or a person acting in the employment or with the authority of the holder of a permit, contravenes a condition of the permit, the holder of the permit is guilty of an offence.\nMaximum penalty: $100 000 or imprisonment for 2 years.\nDivision 5—Affected statutory authorisations\n21—Affected statutory authorisations\n\t(1)\tIf the rights conferred by a statutory authorisation under another Act are affected by the creation of a zone or the imposition of a temporary prohibition or restriction of activities within a marine park, the Minister must pay fair and reasonable compensation to the holder of the statutory authorisation or, if the Minister considers it appropriate to do so, compulsorily acquire, and pay fair and reasonable compensation for, the statutory authorisation, or any interest (or part of any interest) under a statutory authorisation.\n\t(2)\tThe regulations may, for the purposes of this section—\n\t(a)\tprovide for a scheme for the payment of compensation to the holders of statutory authorisations whose rights are affected by the creation of a zone or the imposition of a temporary prohibition or restriction of activities within a marine park;\n\t(b)\tprovide for a scheme of compulsory acquisition and the payment of compensation to persons whose statutory authorisations, or any interests under a statutory authorisation, are compulsorily acquired;\n\t(c)\tprescribe the method of calculation of amounts payable as compensation under this section;\n\t(d)\tprovide for a process of objection and appeal in relation to the payment of compensation under this section.\n\t(3)\tThis section, and regulations made for the purposes of this section, will have effect in relation to a statutory authorisation under another Act, despite the provisions of the other Act.\nPart 4—Administration\nDivision 1—Minister\n22—Functions and powers of Minister\n\t(1)\tThe Minister has the following functions under this Act:\n\t(a)\tto examine and keep under review the need for areas to be constituted as marine parks;\n\t(b)\tto seek and assess community nominations for marine parks after taking into account the objects of this Act;\n\t(c)\tto prepare and keep under review marine park management plans;\n\t(d)\tto ensure necessary protections are in place through the prohibition or restriction of activities within marine parks under this Act;\n\t(e)\tto issue permits for activities that may be allowed within marine parks under this Act;\n\t(f)\tto consult with relevant persons, bodies or authorities, including indigenous peoples with an association with a marine park, about the measures that should be taken to further the objects of this Act;\n\t(g)\tas far as reasonably practicable and appropriate, to act to integrate the administration of this Act with the administration of other legislation that may affect a marine park;\n\t(h)\tto institute, supervise or promote programs to protect, maintain or improve marine parks;\n\t(i)\tto conduct or promote public education in relation to the protection, improvement or enhancement of marine parks;\n\t(j)\tto keep the state of marine parks under review;\n\t(k)\tto enforce the general duty of care;\n\t(l)\tsuch other functions as are assigned to the Minister by or under this or any other Act.\n\t(2)\tThe Minister has the power to do anything necessary, expedient or incidental to—\n\t(a)\tperforming the functions of the Minister under this Act; or\n\t(b)\tadministering this Act; or\n\t(c)\tfurthering the objects of this Act.\n\t(3)\tWithout limiting subsection (2), the Minister may, subject to and in accordance with, the Land Acquisition Act 1969, acquire land for the purposes of this Act.\n23—Delegation\n\t(1)\tThe Minister may delegate to a person or body (including a person for the time being holding or acting in a specified office or position) a function or power of the Minister under this Act.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the Minister to act in any matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\nDivision 2—Functions of Parks and Wilderness Council under this Act\n29—Functions of Council\n\t(1)\tThe Council has the following functions:\n\t(a)\tto provide advice to the Minister on the establishment of marine parks, including—\n\t(i)\tadvice on any community nominations for marine parks; and\n\t(ii)\tadvice on the areas to be specified as marine parks;\n\t(b)\tto provide advice to the Minister in relation to the introduction, variation or revocation of interim protection orders;\n\t(c)\tto provide advice to the Minister in relation to a proposal to alter the boundaries of a marine park;\n\t(d)\tto provide advice to the Minister in relation to a proposal to establish or alter a zone within a marine park;\n\t(e)\tto provide advice to the Minister in relation to the management of marine parks, the formulation and operation of management plans under this Act, and the extent to which the objects of the Act are being achieved through the implementation of management plans under this Act;\n\t(f)\tto provide advice to the Minister on ways to promote community participation in the management of marine parks and the conservation of relevant marine environments;\n\t(g)\tto carry out such other functions as may be assigned to the Council by or under this Act or by the Minister.\n\t(2)\tThe Council must, in providing advice to the Minister, take into account the objects of this Act.\nDivision 3—Authorised officers\n32—Appointment of authorised officers\n\t(1)\tThe following persons are authorised officers under this Act:\n\t(a)\tfisheries officers under the Fisheries Management Act 2007;\n\t(b)\twardens under the National Parks and Wildlife Act 1972;\n\t(c)\tpolice officers;\n\t(d)\tpersons of a class prescribed by regulation or persons appointed by the Minister, being persons who must, in either case, be employed in the public service of the State.\n\t(2)\tIf the area of a marine park includes land within the area of a council, the Minister may appoint persons, nominated by the council, to be authorised officers under this Act.\n\t(3)\tThe Minister may, at any time—\n\t(a)\trevoke the appointment of an authorised officer appointed by the Minister; or\n\t(b)\tlimit the powers of an authorised officer appointed by the Minister.\n\t(4)\tThe Minister may, by notice in the Gazette, limit the powers of a class of persons constituted as authorised officers.\n33—Identification of authorised officers\n\t(1)\tA person appointed by the Minister as an authorised officer under this Act must be issued with an identity card—\n\t(a)\tcontaining the person's name and a photograph of the person; and\n\t(b)\tstating that the person is an authorised officer under this Act; and\n\t(c)\tstating any limitations on the authorised officer's powers.\n\t(2)\tIf the powers of an authorised officer appointed by the Minister have been limited, the identity card issued to the authorised officer must contain a statement of those limitations.\n\t(3)\tAn authorised officer (other than a police officer in uniform) must, at the request of another person in relation to whom the authorised officer intends to exercise powers under this Part, produce for the other person's inspection—\n\t(a)\tif the officer was appointed by the Minister—the identity card issued to the officer under this section; or\n\t(b)\tif the officer is an authorised officer because the person holds an office under another Act—the identity card issued to the officer under that Act.\n\t(4)\tIf a person in possession of an identity card issued to the person under this section ceases to be an authorised officer, the person must immediately return the identity card to the Minister.\nMaximum penalty: $250.\n34—Powers of authorised officers\n\t(1)\tAn authorised officer may, as may reasonably be required in connection with the administration, operation or enforcement of this Act—\n\t(a)\tenter any place; or\n\t(b)\tinspect any place, works, plant or equipment; or\n\t(c)\tenter and inspect any vessel or vehicle, and for that purpose require a vessel or vehicle to stop, or to be presented for inspection at a place and time specified by the authorised officer; or\n\t(d)\tgive directions with respect to the stopping or movement of a vessel, vehicle, plant, equipment or other thing; or\n\t(e)\trequire a person apparently in charge of a vessel or vehicle to facilitate entry and inspection of the vessel or vehicle; or\n\t(f)\tseize and retain anything that the authorised officer reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act; or\n\t(g)\tplace any buoys, markers or other items or equipment in order to assist in environmental testing or monitoring; or\n\t(h)\trequire a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity; or\n\t(i)\trequire a person who the authorised officer reasonably suspects has knowledge of matters in respect of which information is reasonably required for the administration, operation or enforcement of this Act to answer questions in relation to those matters; or\n\t(j)\twith the authority of a warrant issued by a magistrate, require a person to produce specified documents or documents of a specified kind, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process; or\n\t(k)\texamine, copy or take extracts from a document or information so produced or require a person to provide a copy of such a document or information; or\n\t(l)\ttake photographs, films, audio, video or other recordings; or\n\t(m)\texamine or test a vessel, vehicle, plant, equipment, fitting or other thing, or cause or require it to be so examined or tested, or seize it or require its production for such examination or testing; or\n\t(n)\trequire a person holding a statutory authorisation or required to hold a statutory authorisation to produce the statutory authorisation for inspection; or\n\t(o)\tgive directions reasonably required in connection with the exercise of a power conferred by any of the above paragraphs or otherwise in connection with the administration, operation or enforcement of this Act; or\n\t(p)\texercise other prescribed powers.\n\t(2)\tAn authorised officer must not exercise a power conferred by subsection (1) in respect of a place of residence except on the authority of a warrant issued by a magistrate (but such a power may be exercised in respect of a vessel or vehicle).\n\t(3)\tAn authorised officer, in exercising powers under this section, may be accompanied by such assistants as are reasonably required in the circumstances.\n\t(4)\tAn authorised officer may, on the authority of a warrant issued by a magistrate, use force to enter a place, vessel or vehicle.\n\t(5)\tA magistrate must not issue a warrant under subsection (2) or subsection (4) in relation to a place, vessel or vehicle unless satisfied that there are reasonable grounds to believe—\n\t(a)\tthat a contravention of this Act has been, is being, or is about to be, committed in or on the place, vessel or vehicle; or\n\t(b)\tthat something may be found in or on the place, vessel or vehicle that has been used in, or constitutes evidence of, a contravention of this Act; or\n\t(c)\tthat the circumstances require immediate action.\n\t(6)\tAn application for the issue of a warrant under this section—\n\t(a)\tmay be made either personally or by telephone; and\n\t(b)\tmust be made in accordance with any procedures prescribed by the regulations.\n35—Hindering etc persons engaged in administration of Act\n\t(1)\tA person who—\n\t(a)\twithout reasonable excuse hinders or obstructs an authorised officer or other person engaged in the administration of this Act; or\n\t(b)\tfails to answer a question put by an authorised officer to the best of his or her knowledge, information or belief; or\n\t(c)\tproduces a document or record that he or she knows, or ought to know, is false or misleading in a material particular; or\n\t(d)\tfails without reasonable excuse to comply with a requirement or direction of an authorised officer under this Act; or\n\t(e)\tuses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or\n\t(f)\tfalsely represents, by words or conduct, that he or she is an authorised officer,\nis guilty of an offence.\nMaximum penalty: $10 000.\n\t(2)\tA person (other than an authorised officer) who, without the permission of the Minister, removes, destroys or interferes with any marker, peg or other item or equipment placed under section 34(1)(g) is guilty of an offence.\nMaximum penalty: $10 000.\n36—Protection from self-incrimination\nA person is not obliged to answer a question or to produce a document or record as required under this Part if to do so might tend to incriminate the person or make the person liable to a penalty.\nPart 5—General duty of care\n37—General duty of care\n\t(1)\tA person must take all reasonable measures to prevent or minimise harm to a marine park through his or her actions or activities.\n\t(2)\tIn determining what measures are required to be taken, regard must be had, amongst other things, to—\n\t(a)\tthe nature of the harm; and\n\t(b)\tthe sensitivity of the environment that may be affected and the potential impact of the harm; and\n\t(c)\tthe practicality and financial implications of any alternative action, and the current state of technical and scientific knowledge; and\n\t(d)\tany degrees of risk that may be involved; and\n\t(e)\tthe significance of the marine park to the State and to the environment and economy of the State; and\n\t(f)\tthe extent to which an act or activity may have a cumulative effect on a marine park; and\n\t(g)\tif a statutory authorisation has been granted in respect of the action or activity, any assessment made in connection with the granting of the authorisation of potential harm to the marine park as a result of the action or activity and the extent to which any such harm was intended to be prevented or minimised through the attachment of conditions to the authorisation.\n\t(3)\tA person will be taken not to be in contravention of subsection (1) if the person is acting in circumstances prescribed by the regulations.\n\t(4)\tA person who contravenes subsection (1) is not, on account of the contravention alone, guilty of an offence but—\n\t(a)\tcompliance with the duty may be enforced by the issuing of a protection order under Part 6; and\n\t(b)\ta reparation order or reparation authorisation may be issued under that Part in respect of the contravention.\nPart 6—Protection and other orders\nDivision 1—Orders\n38—Protection orders\n\t(1)\tThe Minister may issue a protection order under this Division for the purpose of securing compliance with this Act.\n\t(2)\tA protection order—\n\t(a)\tmust be in the form of a written notice served on the person to whom the notice is issued; and\n\t(b)\tmust specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and\n\t(c)\tmust state the grounds on which it is made with reasonable particularity; and\n\t(d)\tmay impose any requirement reasonably required for the purpose for which the order is issued including 1 or more of the following:\n\t(i)\ta requirement that the person discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from the Minister;\n\t(ii)\ta requirement that the person not carry on a specified activity except at specified times or subject to specified conditions;\n\t(iii)\ta requirement that the person take specified action in a specified way, and within a specified period; and\n\t(e)\tmust state that the person may, within 14 days, appeal to the ERD Court against the order.\n\t(3)\tAn authorised officer may, if of the opinion that urgent action is required for the protection of a marine park, issue an emergency protection order imposing requirements of a kind referred to in subsection (2)(d) as reasonably required for the protection of the marine park.\n\t(4)\tAn emergency protection order may be issued orally but, in that event, the person to whom the order is issued must be advised immediately of the person’s right to appeal to the ERD Court against the order.\n\t(5)\tIf an emergency protection order is issued orally, the authorised officer who issued it must confirm it in writing at the earliest opportunity (and in any event within 2 business days) by written notice given to the person to whom it applies.\n\t(6)\tIf an emergency protection order is issued, the order will cease to have effect on the expiration of 72 hours from the time of its issuing unless confirmed by a written protection order issued by the Minister and served on the relevant person.\n\t(7)\tThe Minister may, by written notice served on a person to whom a protection order has been issued, vary or revoke the order.\n\t(8)\tA person to whom a protection order is issued must comply with the order.\nMaximum penalty: $10 000.\n\t(9)\tA person must not hinder or obstruct a person complying with a protection order.\nMaximum penalty: $10 000.\n39—Action on non-compliance with protection order\n\t(1)\tIf the requirements of a protection order are not complied with, the Minister may take any action required by the order.\n\t(2)\tAction to be taken by the Minister under subsection (1) may be taken on the Minister’s behalf by an authorised officer or another person authorised by the Minister for the purpose.\n\t(3)\tA person taking action under this section may enter any relevant place, vessel or vehicle at any reasonable time.\n\t(4)\tThe reasonable costs incurred by the Minister in taking action under this section may be recovered by the Minister as a debt from the person who failed to comply with the requirements of the protection order.\n\t(5)\tIf an amount is recoverable from a person by the Minister under this section—\n\t(a)\tthe Minister may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and\n\t(b)\tthe amount together with any interest charge so payable is until paid a charge in favour of the Minister on any land owned by the person in relation to which the protection order is registered under Division 2.\n40—Reparation orders\n\t(1)\tIf the Minister is satisfied that a person has caused harm to a marine park by contravention of this Act, the Minister may issue a reparation order requiring the person—\n\t(a)\tto take specified action within a specified period to make good any resulting harm to the marine park; or\n\t(b)\tto make a payment or payments into an approved account for the reasonable costs incurred, or to be incurred, in taking action to make good any resulting harm to the marine park,\nor both.\n\t(2)\tA reparation order—\n\t(a)\tmust be in the form of a written notice served on the person to whom it is issued; and\n\t(b)\tmust specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and\n\t(c)\tmust state the grounds on which it is made with reasonable particularity; and\n\t(d)\tmay include requirements for action to be taken to prevent or mitigate further harm to the marine park, or for a plan of action to be prepared to the satisfaction of the Minister; and\n\t(e)\tmay include requirements for specified tests or monitoring; and\n\t(f)\tmay include requirements for furnishing to the Minister specified results or reports; and\n\t(g)\tmay include requirements that the person to whom it is issued appoint or engage a person with specified qualifications to prepare a plan or report or to undertake tests or monitoring required by the order; and\n\t(h)\tin the case of an order requiring payment into an approved account, may provide that payments must occur in accordance with a scheme specified by the Minister (either at the time of the making of the order or at a later time when the extent or impact of any action has been assessed or finally determined); and\n\t(i)\tmust state that the person may, within 14 days, appeal to the ERD Court against the order.\n\t(3)\tAn authorised officer may, if of the opinion that urgent action is required to prevent or mitigate further harm, issue an emergency reparation order containing requirements of a kind referred to in subsection (2), other than a requirement for payment into an approved account.\n\t(4)\tAn emergency reparation order may be issued orally, but, in that event, the person to whom it is issued must be advised immediately of the person's right to appeal to the ERD Court against the order.\n\t(5)\tIf an emergency reparation order is issued orally, the authorised officer who issued it must confirm it in writing at the earliest opportunity (and in any event within 2 business days) by written notice given to the person to whom it applies.\n\t(6)\tIf an emergency reparation order is issued, the order will cease to have effect on the expiration of 72 hours from the time of its issuing unless confirmed by a written reparation order issued by the Minister and served on the relevant person.\n\t(7)\tThe Minister or an authorised officer may, if of the opinion that it is reasonably necessary to do so in the circumstances, include in an emergency or other reparation order a requirement for an act or omission that might otherwise constitute a contravention of this Act and, in that event, a person incurs no criminal liability under this Act for compliance with the requirement.\n\t(8)\tThe Minister may, by written notice served on a person to whom a reparation order has been issued, vary or revoke the order.\n\t(9)\tA person to whom a reparation order is issued must comply with the order.\nMaximum penalty: $10 000.\n41—Action on non-compliance with a reparation order\n\t(1)\tIf the requirements of a reparation order are not complied with, the Minister may take any action required by the order.\n\t(2)\tAction taken by the Minister under subsection (1) may be taken on the Minister's behalf by an authorised officer or another person authorised by the Minister for the purpose.\n\t(3)\tA person taking action under this section may enter any relevant place, vessel or vehicle at any reasonable time.\n\t(4)\tThe reasonable costs incurred by the Minister in taking action under this section to make good harm to the marine park may be recovered by the Minister as a debt from the person who failed to comply with the requirements of the reparation order.\n\t(5)\tIf an amount is recoverable from a person by the Minister under this section—\n\t(a)\tthe Minister may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and\n\t(b)\tthe amount together with any interest charge so payable is until paid a charge in favour of the Minister on any land owned by the person in relation to which the reparation order is registered under Division 2.\n42—Reparation authorisations\n\t(1)\tIf the Minister is satisfied that a person has caused harm to a marine park by a contravention of this Act, the Minister may (whether or not a reparation order has been issued to the person) issue a reparation authorisation under which authorised officers or other persons authorised by the Minister for the purpose may take specified action on the Minister's behalf to make good any resulting harm to the marine park.\n\t(2)\tA reparation authorisation—\n\t(a)\tmust be in the form of a written notice; and\n\t(b)\tmust specify the person alleged to have caused the harm (whether by name or a description sufficient to identify the person); and\n\t(c)\tmust state the grounds on which it is made with reasonable particularity; and\n\t(d)\tmay include authorisation for action to be taken to prevent or mitigate further harm to the marine park.\n\t(3)\tThe Minister must, as soon as practicable after issuing a reparation authorisation, serve a copy of the authorisation on the person alleged to have caused the harm.\n\t(4)\tThe Minister may, by notice in writing, vary or revoke a reparation authorisation and must, as soon as practicable after doing so, serve a copy of the notice on the person alleged to have caused the harm.\n\t(5)\tIf a person other than an authorised officer is authorised to take action under subsection (1), the following provisions apply:\n\t(a)\tthe Minister must issue the person with an instrument of authority;\n\t(b)\tthe person may exercise such powers of an authorised officer as are reasonably required for the purpose of taking action under that subsection;\n\t(c)\tthe provisions of this Act apply in relation to the exercise of such powers by the person in the same way as in relation to an authorised officer;\n\t(d)\tthe person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer.\n\t(6)\tA person taking action under a reparation authorisation may enter any relevant place, vessel or vehicle at any reasonable time.\n\t(7)\tThe reasonable costs incurred by the Minister in taking action under a reparation authorisation to make good harm to the marine park may be recovered by the Minister as a debt from the person who caused the relevant harm.\n\t(8)\tIf an amount is recoverable from a person by the Minister under this section—\n\t(a)\tthe Minister may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and\n\t(b)\tthe amount together with any interest charge so payable is until paid a charge in favour of the Minister on any land owned by the person in relation to which the reparation authorisation is registered under Division 2.\n43—Related matters\n\t(1)\tThe Minister should, so far as is reasonably practicable, consult with any public authority that may also have power to act with respect to the particular matter before the Minister issues an order or authorisation under this Division.\n\t(2)\tSubsection (1) does not apply—\n\t(a)\twhere action is being taken under this Act as a matter of urgency; or\n\t(b)\tin any other circumstance of a prescribed kind.\n\t(3)\tA person cannot claim compensation from—\n\t(a)\tthe Minister or the Crown; or\n\t(b)\tan authorised officer; or\n\t(c)\ta person acting under the authority of the Minister or an authorised officer,\nin respect of a requirement imposed under this Division, or on account of an act or omission done or made in the exercise (or purported exercise) of a power under this Division.\nDivision 2—Registration of orders and effect of charges\n44—Registration\n\t(1)\tIf—\n\t(a)\tthe Minister issues an order or authorisation under Division 1; and\n\t(b)\tthe order or authorisation is issued in relation to an activity carried out on land, or requires a person to take action on or in relation to land,\nthe Minister may apply to the Registrar‑General for the registration of the order or authorisation in relation to that land.\n\t(2)\tAn application under this section must—\n\t(a)\tdefine the land to which it relates; and\n\t(b)\tcomply with any requirement imposed by the Registrar‑General for the purposes of this section.\n\t(3)\tThe Registrar‑General must on—\n\t(a)\tdue application under subsection (2); and\n\t(b)\tlodgement of a copy of the relevant order or authorisation,\nregister the order or authorisation in relation to the land by making such entries in any register book, memorial or other book or record in the Lands Titles Registration Office or in the General Registry Office as the Registrar‑General thinks fit.\n\t(4)\tAn order or authorisation registered under this section is binding on each owner and occupier from time to time of the land.\n\t(5)\tThe Registrar‑General must, on application by the Minister, cancel the registration of an order or authorisation in relation to land and make such endorsements to that effect in the appropriate register book, memorial or other book or record in respect of the land as the Registrar‑General thinks fit.\n\t(6)\tThe Minister may, if the Minister thinks fit, apply to the Registrar‑General for cancellation of the registration of an order or authorisation under this section in relation to land, and must do so—\n\t(a)\ton revocation of the order or authorisation; or\n\t(b)\tin relation to—\n\t(i)\tan order—\n\t(A)\ton full compliance with the requirements of the order;\n\t(B)\tif the Minister has taken action under Division 1 to carry out the requirements of the order—on payment to the Minister of any amount recoverable by the Minister under that Division in relation to the action so taken; or\n\t(ii)\tan authorisation—on payment to the Minister of any amount recoverable by the Minister under Division 1 in relation to the action taken in pursuance of the authorisation.\n45—Effect of charge\nA charge imposed on land under Division 1 has priority over—\n\t(a)\tany prior charge on the land (whether or not registered) that operates in favour of a person who is an associate of the owner of the land; and\n\t(b)\tany other charge on the land other than a charge registered prior to registration under this Division of the relevant order or authorisation in relation to the land.\nPart 7—Appeals to ERD Court\n46—Appeals to ERD Court\n\t(1)\tThe following appeals may be made to the ERD Court:\n\t(a)\ta person who is refused a permit may appeal to the Court against the decision of the Minister to refuse the permit;\n\t(b)\ta person who has been granted a permit may appeal to the Court against a decision of the Minister revoking the permit or imposing or varying a condition of the permit;\n\t(c)\ta person to whom a protection order or reparation order has been issued may appeal to the ERD Court against the order or a variation of the order.\n\t(2)\tAn appeal must be made in a manner and form determined by the Court, setting out the grounds of the appeal.\n\t(3)\tSubject to this section, an appeal by a person against a decision referred to in subsection (1)(a) or (b) must be made within 21 days after the person receives notice in writing of the decision.\n\t(4)\tSubject to this section, an appeal by a person against an order or a variation of an order referred to in subsection (1)(c) must be made within 21 days after the person receives notice in writing of the order or variation.\n\t(5)\tThe Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that an appeal be made within the period fixed by this section.\n\t(6)\tUnless otherwise determined by the Court, an appeal must be referred in the first instance to a conference under section 16 of the Environment, Resources and Development Court Act 1993 (and the provisions of that Act will then apply in relation to that appeal).\n\t(7)\tSubject to subsection (8), the institution of an appeal does not affect the operation of the decision or order to which the appeal relates.\n\t(8)\tThe Court may, on application by a party to an appeal, make an order staying or otherwise affecting the operation or implementation of the whole or a part of a decision or order if the Court is satisfied that it is appropriate to do so having regard to—\n\t(a)\tthe possible consequences to the marine park and the interests of any persons who may be affected by the appeal; and\n\t(b)\tthe need to secure the effectiveness of the hearing and determination of the appeal.\n\t(9)\tAn order under subsection (8)—\n\t(a)\tmay be varied or revoked by the Court by further order; and\n\t(b)\tis subject to such conditions as are specified in the order; and\n\t(c)\thas effect until—\n\t(i)\tthe end of the period of operation (if any) specified in the order; or\n\t(ii)\tthe decision of the Court on the appeal comes into operation,\nwhichever is the earlier.\n\t(10)\tThe Court must not make an order under subsection (8) unless each party to the appeal has been given a reasonable opportunity to make submissions in relation to the matter.\n\t(11)\tThe Court may, on hearing an appeal under this section—\n\t(a)\tconfirm, vary or revoke the decision or order appealed against; \n\t(b)\torder or direct a person or body to take such action as the Court thinks fit, or to refrain (either temporarily or permanently) from such action or activity as the Court thinks fit;\n\t(c)\tmake any consequential or ancillary order or direction, or impose any condition, that it considers necessary or expedient.\nPart 8—Civil remedies\n47—Civil remedies\n\t(1)\tApplications may be made to the ERD Court for 1 or more of the following orders:\n\t(a)\tif a person has engaged, is engaging or is proposing to engage in conduct in contravention of this Act—an order restraining the person from engaging in the conduct and, if the Court considers it appropriate to do so, requiring the person to take specified action;\n\t(b)\tif a person has refused or failed, is refusing or failing or is proposing to refuse or fail to take action required by this Act—an order requiring the person to take that action;\n\t(c)\tif a person has caused harm to a marine park by a contravention of this Act—an order requiring the person to take specified action to make good any resulting harm to the marine park and, if appropriate, to take specified action to prevent or mitigate further harm;\n\t(d)\tif the Minister has incurred costs in taking action to prevent or make good harm to a marine park caused by a contravention of this Act—an order against the person who committed the contravention for payment of the reasonable costs and expenses incurred in taking that action;\n\t(e)\tif the Court considers it appropriate to do so, an order against a person who has contravened this Act for payment (for the credit of the Consolidated Account) of an amount in the nature of exemplary damages determined by the Court;\n\t(f)\tif the Court considers it appropriate to do so, an order against a person who has contravened this Act to take specified action to publicise—\n\t(i)\tthe contravention of this Act; and\n\t(ii)\tthe harm flowing from the contravention; and\n\t(iii)\tthe other requirements of the order made against the person.\n\t(2)\tThe power of the Court to make an order restraining a person from engaging in conduct of a particular kind may be exercised—\n\t(a)\tif the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n\t(b)\tif it appears to the Court that, in the event that an order is not made, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial harm if the first-mentioned person engages in conduct of that kind.\n\t(3)\tThe power of the Court to make an order requiring a person to take specified action may be exercised—\n\t(a)\tif the Court is satisfied that the person has refused or failed to take that action—whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to take that action; or\n\t(b)\tif it appears to the Court that, in the event that an order is not made, it is likely that the person will refuse or fail to take that action—whether or not the person has previously refused or failed to take that action and whether or not there is an imminent danger of substantial harm if the first-mentioned person refuses or fails to take that action.\n\t(4)\tIn assessing an amount to be ordered in the nature of exemplary damages, the Court must have regard to—\n\t(a)\tany harm to a marine park or detriment to the public interest resulting from the contravention; and\n\t(b)\tany financial saving or other benefit that the respondent stood to gain by committing the contravention; and\n\t(c)\tany other matter it considers relevant.\n\t(5)\tThe power to order payment of an amount in the nature of exemplary damages may only be exercised by a Judge of the Court.\n\t(6)\tAn application under this section may be made—\n\t(a)\tby the Minister; or\n\t(b)\tby an authorised officer; or\n\t(c)\tby any person whose interests are affected by the subject matter of the application; or\n\t(d)\tby any other person with the leave of the Court.\n\t(7)\tBefore the Court may grant leave for the purposes of subsection (6)(d), the Court must be satisfied that—\n\t(a)\tthe proceedings on the application would not be an abuse of the process of the Court; and\n\t(b)\tthere is a real or significant likelihood that the requirements for the making of an order under subsection (1) on the application would be satisfied; and\n\t(c)\tit is in the public interest that the proceedings should be brought.\n\t(8)\tAn application under this section may be made in a representative capacity (but, if so, the consent of all persons on whose behalf the application is made must be obtained).\n\t(9)\tAn application may be made without notice to the other party and, if the Court is satisfied on the application that the respondent has a case to answer, it may grant leave to the applicant to serve a summons requiring the respondent to appear before the Court to show cause why an order should not be made under this section.\n\t(10)\tAn application under this section must, in the first instance, be referred to a conference under section 16 of the Environment, Resources and Development Court Act 1993 (and the provisions of that Act will then apply in relation to the application).\n\t(11)\tIf, on an application under this section or before the determination of the proceedings commenced by the application, the Court is satisfied that, in order to preserve the rights or interests of parties to the proceedings or for any other reason, it is desirable to make an interim order under this section, the Court may make such an order.\n\t(12)\tAn interim order—\n\t(a)\tmay be made on an application made without notice to the other party; and\n\t(b)\tmay be made whether or not the proceedings have been referred to a conference; and\n\t(c)\twill be made subject to such conditions as the Court thinks fit; and\n\t(d)\twill not operate after the proceedings in which it is made are finally determined.\n\t(13)\tThe Court may order an applicant in proceedings under this section—\n\t(a)\tto provide security for the payment of costs that may be awarded against the applicant if the application is subsequently dismissed; and\n\t(b)\tto give an undertaking as to the payment of any amount that may be awarded against the applicant under subsection (14).\n\t(14)\tIf, on an application under this section alleging a contravention of this Act, the Court is satisfied—\n\t(a)\tthat the respondent has not contravened this Act; and\n\t(b)\tthat the respondent has suffered loss or damage as a result of the actions of the applicant; and\n\t(c)\tthat in the circumstances it is appropriate to make an order under this provision,\nthe Court may, on the application of the respondent (and in addition to any order as to costs), require the applicant to pay to the respondent an amount, determined by the Court, to compensate the respondent for the loss or damage suffered by the respondent.\n\t(15)\tThe Court may, if it considers it appropriate to do so, either on its own initiative or on the application of a party, vary or revoke an order previously made under this section.\n\t(16)\tProceedings under this section based on a contravention of this Act may be commenced at any time within 3 years after the date of the alleged contravention or, with the authorisation of the Attorney‑General, at a later time.\n\t(17)\tAn apparently genuine document purporting to be under the hand of the Attorney-General and to authorise the commencement of proceedings under this section will be accepted in any legal proceedings, in the absence of proof to the contrary, as proof of the authorisation.\n\t(18)\tThe Court may, in any proceedings under this section, make such orders in relation to the costs of the proceedings as it thinks just and reasonable.\n\t(19)\tWithout limiting the generality of subsection (18), in determining whether to make any order in relation to costs the Court may have regard to the following matters (so far as they are relevant):\n\t(a)\twhether the applicant is pursuing a personal interest only in bringing the proceedings or is furthering a wider group interest or the public interest;\n\t(b)\twhether or not the proceedings raise significant issues relating to the administration of this Act.\nPart 9—Provisions relating to official insignia\n48—Interpretation\n\t(1)\tIn this Part—\nofficial insignia means—\n\t(a)\ta design declared by the Minister to be a logo for the purposes of this Part; or\n\t(b)\tthe name of a marine park proclaimed under this Act, whether appearing or used in full or in an abbreviated form; or\n\t(c)\ta combination of a logo under paragraph (a) and a name.\n\t(2)\tFor the purposes of this Part, goods will be taken to be marked with official insignia if the insignia is affixed or annexed to, marked on, or incorporated in or with—\n\t(a)\tthe goods; or\n\t(b)\tany covering or container in which the goods are wholly or partly enclosed; or\n\t(c)\tanything placed in or attached to any such covering or container; or\n\t(d)\tanything that is attached to the goods or around which the goods are wrapped or wound.\n49—Declaration of logo\nThe Minister may, by notice in the Gazette—\n\t(a)\tdeclare a design to be a logo for the purposes of this Part; or\n\t(b)\tvary or revoke a declaration under paragraph (a).\n50—Protection of official insignia\n\t(1)\tThe Crown has a proprietary interest in all official insignia.\n\t(2)\tA person must not, without the consent of the Minister, in the course of a trade or business—\n\t(a)\tsell goods marked with official insignia; or\n\t(b)\tuse official insignia for the purpose of promoting the sale of goods or services or the provision of any benefits.\nMaximum penalty: $10 000.\n\t(3)\tA person must not, without the consent of the Minister, assume a name or description that consists of, or includes, official insignia.\nMaximum penalty: $10 000.\n\t(4)\tA consent under this section—\n\t(a)\tmay be given with or without conditions (including conditions requiring payment to the Minister); and\n\t(b)\tmay be given generally by notice in the Gazette or by notice in writing addressed to an applicant for the consent; and\n\t(c)\tmay be revoked by the Minister for contravention of a condition by notice in writing given personally or by post to a person who has the benefit of the consent.\n\t(5)\tThe Supreme Court may, on the application of the Minister, grant an injunction to restrain a breach of this section.\n\t(6)\tThe court by which a person is convicted of an offence against this section may, on the application of the Minister, order the convicted person to pay compensation of an amount fixed by the court to the Minister.\n\t(7)\tSubsections (5) and (6) do not derogate from any civil remedy that may be available to the Minister apart from those subsections.\n51—Seizure and forfeiture of goods\n\t(1)\tIf—\n\t(a)\tgoods apparently intended for a commercial purpose are marked with official insignia; and\n\t(b)\tan authorised officer suspects on reasonable grounds that the use of the insignia has not been authorised by the Minister,\nthe authorised officer may seize those goods.\n\t(2)\tIf goods have been seized under this section and—\n\t(a)\tproceedings are not instituted for an offence against section 50(2) in relation to the goods within 3 months of their seizure; or\n\t(b)\tafter proceedings have been instituted and completed, the defendant is not convicted,\nthe person from whom they were seized is entitled to recover—\n\t(c)\tthe goods or, if they have been destroyed, compensation equal to the market value of the goods at the time of their seizure; and\n\t(d)\tcompensation for any loss suffered by reason of the seizure of the goods.\n\t(3)\tAn action for the payment of compensation under subsection (2) may be brought against the Minister in any court of competent jurisdiction.\n\t(4)\tThe court by which a person is convicted of an offence against section 50(2) may order that goods to which the offence relates be forfeited to the Crown.\n\t(5)\tAny goods forfeited to the Crown may be sold or disposed of as the Minister thinks fit.\nPart 10—Miscellaneous\n52—Native title\nAny prohibitions or restrictions (including the general duty of care) applying within a marine park under this Act have effect subject to native title and native title rights and interests.\n54—False or misleading information\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided under this Act.\nMaximum penalty: \n\t(a)\tif the person made the statement knowing that it was false or misleading—$20 000 or imprisonment for 2 years;\n\t(b)\tin any other case—$10 000.\n55—Continuing offence\n\t(1)\tA person convicted of an offence against a provision of this Act in respect of a continuing act or omission—\n\t(a)\tis liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than one‑tenth of the maximum penalty prescribed for that offence; and\n\t(b)\tis, if the act or omission continues after the conviction, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than one‑tenth of the maximum penalty prescribed for the offence.\n\t(2)\tIf an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement.\n56—Offences by bodies corporate\n\t(1)\tIf a body corporate commits an offence against this Act, each member of the governing body, and the manager of the body corporate, are guilty of an offence and liable to the same penalty as is prescribed for the principal offence where the offender is a natural person.\n\t(2)\tA person may be prosecuted and convicted of an offence under this section whether or not the body corporate has been prosecuted or convicted of the offence committed by the body corporate.\n57—Additional orders on conviction\nIf a person is convicted of an offence against this Act, the court by which the conviction is recorded may, in addition to any penalty that it may impose, make 1 or more of the following orders:\n\t(a)\tan order requiring the person to take any specified action (including an order to take action to make good harm to a marine park or to rectify any other consequences of a contravention of this Act, or to ensure that a further contravention does not occur);\n\t(b)\tan order that the person pay to the Crown an amount determined by the court to be equal to the costs of taking action to make good harm to a marine park or rectifying any other consequences of a contravention of this Act;\n\t(c)\tan order that the person pay to the Crown an amount determined by the court to be equal to a fair assessment or estimate of the financial benefit that the person, or an associate of the person, has gained, or can reasonably be expected to gain, as a result of the commission of an offence against this Act.\n58—General defence\nIt is a defence to a charge of an offence against this Act if the defendant proves that the alleged offence was not committed intentionally and did not result from a failure on the part of the defendant to take reasonable care to avoid the commission of the offence.\n59—Criminal jurisdiction of ERD Court\nOffences constituted by this Act lie within the criminal jurisdiction of the ERD Court.\n60—Confidentiality\n\t(1)\tA person engaged or formerly engaged in the administration of this Act must not divulge or communicate personal information obtained (whether by that person or otherwise) in the course of official duties except—\n\t(a)\tas required or authorised by or under this Act or any other Act or law; or\n\t(b)\twith the consent of the person to whom the information relates; or\n\t(c)\tin connection with the administration of this Act; or\n\t(d)\tto an agency or instrumentality of this State, the Commonwealth or another State or Territory of the Commonwealth for the purposes of the proper performance of its functions.\nMaximum penalty: $10 000.\n\t(2)\tSubsection (1) does not prevent disclosure of statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates.\n\t(3)\tInformation that has been disclosed under subsection (1) for a particular purpose must not be used for any other purpose by—\n\t(a)\tthe person to whom the information was disclosed; or\n\t(b)\tany other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure.\nMaximum penalty: $10 000.\n61—Service\n\t(1)\tA notice, order or other document required to be given or sent to, or served on, a person for the purposes of this Act may—\n\t(a)\tbe given to the person personally; or\n\t(b)\tbe posted in an envelope addressed to the person at the person's last known residential or (in the case of a corporation) registered address; or\n\t(c)\tbe left for the person at the person's last known residential or (in the case of a corporation) registered address with someone apparently over the age of 16 years; or\n\t(d)\tbe transmitted by fax or email to a fax number or email address (in which case the notice or document will be taken to have been given or served at the time of transmission).\n\t(2)\tWithout limiting the effect of subsection (1), a notice, order or other document required to be given or sent to, or served on, a person for the purposes of this Act may, if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served on the person in accordance with that Act.\n62—Evidentiary provisions\n\t(1)\tIn any proceedings, a certificate executed by the Minister certifying as to a matter relating to—\n\t(a)\ta permit or whether a person held a permit; or\n\t(b)\tthe appointment or non‑appointment of a person as an authorised officer; or\n\t(c)\ta delegation or authority under this Act; or\n\t(d)\ta notice, order or authorisation of the Minister under this Act; or\n\t(e)\tany other decision of the Minister,\nconstitutes proof of the matters so certified in the absence of proof to the contrary.\n\t(2)\tAn apparently genuine document purporting to be an authorisation, notice, order, certificate or other document, or a copy of an authorisation, notice, order, certificate or other document, issued or executed by the Minister or an authorised officer will be accepted as such in the absence of proof to the contrary.\n\t(3)\tIn proceedings for an offence against this Act, evidence of a distance, height, depth or position as determined by the use of an electronic, sonic, optical, mechanical or other device by an authorised officer will be accepted as proof of the distance, height, depth or position in the absence of proof to the contrary.\n\t(4)\tIn proceedings for an offence against this Act, a statement made in evidence by an authorised officer that a place or area described or indicated by him or her was or was not within a specified marine park or zone or other area within a marine park will be accepted as proof of the matter so stated in the absence of proof to the contrary.\n\t(5)\tIn any proceedings for the recovery of reasonable costs incurred by the Minister under this Act, a certificate executed by the Minister detailing the costs and the purpose for which they were incurred constitutes proof of the matters so certified in the absence of proof to the contrary.\n63—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\texempt classes of persons or activities from the application of this Act or specified provisions of this Act, either unconditionally or subject to specified conditions; or\n\t(b)\tprescribe fees to be paid in respect of any matter under this Act and provide for the payment of fees by instalments and for the recovery or waiver of fees or instalments of fees; or\n\t(c)\tcreate offences punishable by a fine not exceeding $5 000; or\n\t(d)\tfix expiation fees for alleged offences against this Act or the regulations (being a fee not exceeding $750); or\n\t(e)\tmake provision facilitating proof of the commission of offences against the regulations.\n\t(3)\tRegulations under this Act may—\n\t(a)\tbe of general application or limited application; or\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply; or\n\t(c)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister.\n\t(4)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of the Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015.\n\t(5)\tA provision of a regulation made under subsection (4) may, if the regulation so provides, take effect from the commencement of this subsection or from a later day.\n\t(6)\tTo the extent to which a provision takes effect under subsection (5) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Marine Parks Act 2007 amended the following:\nAquaculture Act 2001\nCoast Protection Act 1972\nDevelopment Act 1993\nEnvironment Protection Act 1993\nFisheries Management Act 2007\nHarbors and Navigation Act 1993\nHistoric Shipwrecks Act 1981\nMining Act 1971\nNatural Resources Management Act 2004\nOffshore Minerals Act 2000\nPetroleum and Geothermal Energy Act 2000\nPetroleum (Submerged Lands) Act 1982\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2007\n60\n Marine Parks Act 2007\n29.11.2007\n22.5.2008 (Gazette 22.5.2008 p1718) except ss 10—21, 32—63 & Sch 1—6.11.2008 (Gazette 6.11.2008 p5055)\n2009\n84\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 89 (ss 207 & 208)—1.2.2010 (Gazette 28.1.2010 p320)\n2010\n24\n Marine Parks (Parliamentary Scrutiny) Amendment Act 2010\n2.12.2010\n2.12.2010\n2011\n11\n Statutes Amendment (Personal Property Securities) Act 2011\n14.4.2011\nPt 15 (s 46)—16.6.2011 (Gazette 16.6.2011 p2610)\n2015\n8\n Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n18.6.2015\nPt 22 (ss 118—123)—1.7.2015 (Gazette 25.6.2015 p3076)\n2017\n5\n Statutes Amendment (Planning, Development and Infrastructure) Act 2017\n28.2.2017\nPt 18 (ss 54 & 55)—19.3.2021 (Gazette 4.3.2021 p823)\n2019\n25\n Statutes Amendment and Repeal (Simplify) Act 2019\n3.10.2019\nPt 29 (s 57)—3.10.2019: s 2(1)\n2019\n33\n Landscape South Australia Act 2019\n21.11.2019\nSch 5 (cl 46)—1.7.2020 (Gazette 25.6.2020 p3502)\n2023\n39\n Public Holidays Act 2023\n7.12.2023\nSch 1 (cl 13)—1.1.2024: s 2\n2025\n29\nBiodiversity Act 2025\n26.6.2025\nSch 5 (cll 49 & 50)—uncommenced\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n1.2.2010\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n1.2.2010\ns 3\n\n\ns 3(1)\n\n\nbusiness day\ndeleted by 39/2023 Sch 1 cl 13\n1.1.2024\nCouncil\nsubstituted by 8/2015 s 118\n1.7.2015\nPt 3\n\n\ns 10\n\n\ns 10(5)\namended by 5/2017 s 54\n19.3.2021\ns 13\n\n\ns 13(2)\namended by 33/2019 Sch 5 cl 46\n1.7.2020\n\namended by 5/2017 s 55\n19.3.2021\ns 14\n\n\ns 14(4)\namended by 25/2019 s 57(1)—(3)\n3.10.2019\ns 14(9)\namended by 24/2010 s 3\n2.12.2010\ns 15\nsubstituted by 24/2010 s 4\n2.12.2010\ns 19\n\n\ns 19(9)\ninserted by 11/2011 s 46\n16.6.2011\nPt 4\n\n\nPt 4 Div 2\n\n\nheading\namended by 8/2015 s 119\n1.7.2015\nss 24—28\ndeleted by 8/2015 s 120\n1.7.2015\ns 30\ndeleted by 8/2015 s 121\n1.7.2015\nPt 4 Div 3\n\n\ns 31\ndeleted by 84/2009 s 207\n1.2.2010\nPt 10\n\n\ns 53\ndeleted by 84/2009 s 208\n1.2.2010\ns 63\n\n\ns 63(4)—(6)\ninserted by 8/2015 s 122\n1.7.2015\nSch 1\nomitted under Legislation Revision and Publication Act 2002\n1.2.2010\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n123—Transitional provision\nA member of the Marine Parks Council of South Australia ceases to hold office on the commencement of this section.\nHistorical versions\n1.2.2010\n\n2.12.2010\n\n16.6.2011\n\n1.7.2015\n\n3.10.2019\n\n1.7.2020\n\n19.3.2021\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment cannot be performed — the legislative text was not retrievable. The page returned was an error page from the SA legislation website, not the Marine Parks Act 2007 itself."},"complexity_factors":["No legislative text was available for analysis — the source URL returned a 404 Page Not Found error","Unable to assess actual provisions, definitions, schedules, or regulatory frameworks","Score of 1 reflects inability to analyse content, not simplicity of the underlying Act"],"plain_english_summary":"The Marine Parks Act 2007 (SA) establishes and governs protected marine and coastal areas in South Australian waters, setting how parks are created, managed, and enforced. It affects recreational and commercial fishers, divers, boaters, coastal developers, tourists and conservation groups by defining permitted activities, zoning rules and penalties for breaches—shaping use and protection of marine resources."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Amendments recorded in the legislative history (2010–2025) mainly update procedural, administrative and cross‑reference matters (for example parliamentary scrutiny rules, planning and landscape Act references, and Board/Committee reforms), and refine delegated powers and processes. The core scope — establishment of marine parks, zoning/management plans, permit and enforcement schemes, and compensation for affected statutory authorisations (s 21) — remains as in the original Act. Changes are substantive in procedure and implementation detail but do not represent a major expansion beyond the Act’s original object of creating and managing a system of marine parks."},"complexity_factors":["Extensive interpretation/defined terms (multiple cross‑defined items in s 3, including complex definitions for associate, harm, vessel, zone).","Multiple Parts and Divisions (10 Parts, numerous Divisions) with layered procedures (proclamation, interim protection, draft plan, impact statement, adoption).","Cross‑references to many external Acts (Coastal Waters Act, Native Title Act, Fisheries Management Act, Planning, Development and Infrastructure Act, Land Acquisition Act, Environment Protection Act, etc.).","Wide ministerial discretion with many delegated‑decision paths (ss 22, 23, 63) increasing conditional logic and administrative variability.","Complex permit regime with conditional grounds, revocation powers, transfer rules and regulatory limits (s 19).","Multiple enforcement mechanisms (criminal offences with high penalties, protection/reparation orders, reparation authorisations, civil remedies, registration of charges) creating overlapping remedies and recovery paths (Parts 6–8, ss 39–45).","Evidentiary presumptions and expedited procedures (Minister/authorised officer certificates, emergency oral orders, presumptive proofs) that shift burdens in proceedings (ss 16, 34(3)–(6), 38(3)–(6), 62).","Regulations capable of making broad exemptions and defining compensation schemes — many operational details deferred to subordinate legislation (s 63)."],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Establishes a statutory system for declaring areas of the State’s sea (and adjacent Crown land/waters) as marine parks by Governor’s proclamation on the Minister’s recommendation (s 10). Proclamations must define boundaries and may contain interim protection orders (s 10(4)).\n\n- Requires the Minister to manage each marine park according to an authorised management plan (ss 12–16). Management plans must set out zoning (types and boundaries), may define special purpose areas where otherwise‑prohibited activities are permitted, and must be prepared with published drafts, impact statements and consultation (ss 13–14). The Minister must review plans at least once every 10 years and aim to finalise an initial plan within 3 years of proclamation (s 14(1)–(2)).\n\n- Creates zone types (intended to include general managed use, habitat protection, sanctuary and restricted access zones) and allows the regulations to prescribe what is prohibited or restricted in each zone (s 4). The regulations can make zone prohibitions effective despite other Acts (s 6(2)).\n\n- Allows temporary ministerial prohibitions/restrictions for urgent protection or public safety (initially up to 90 days, extendable to a maximum 180 days) published in Gazette/newspaper/website (s 18).\n\n- Permits the Minister to grant permits for activities that would otherwise be prohibited or restricted in a marine park (s 19). Permits are time‑limited, conditional, revocable and may be transferable only if prescribed (s 19(5)–(9)).\n\n- Provides for compensation or compulsory acquisition if another statutory authorisation (for example a licence under another Act) is affected by zoning or temporary prohibition (s 21). Regulations may set up the compensation scheme, calculation method and appeals process (s 21(2)).\n\n- Gives the Minister broad administrative and operational powers (including acquisition of land under the Land Acquisition Act) and wide discretion to delegate powers (ss 22–23). The Parks and Wilderness Council is an advisory body whose views the Minister must seek and have regard to when recommending proclamations and other key actions (ss 10(2), 29).\n\n- Establishes authorised officers (fisheries officers, wardens, police and others) who have enforcement powers including entry, inspection, seizure, testing, requiring identity, taking records and (with warrant) compelling production of documents and using force if necessary (ss 32–34). There are penalties for hindering officers and for giving false documents (s 35). Evidence certificates from the Minister and authorised officers are presumptively accepted in court (s 62).\n\n- Creates a non‑criminal general duty of care to take reasonable measures to prevent or minimise harm to marine parks (s 37). Failure to meet that duty is not itself a criminal offence but may trigger protection orders, reparation orders/authorisations and civil remedies (Part 6 & Part 8).\n\n- Enables the Minister to issue protection orders and reparation orders (and emergency versions) requiring people to stop activities, take remedial actions or pay into approved accounts; the Minister may act to enforce orders and recover reasonable costs as a debt and register charges on land to secure repayment (ss 38–45). The Minister may also issue reparation authorisations so authorised officers or contractors can act directly to remediate harm and recover costs (s 42).\n\n- Allows appeals and challenges to the Environment, Resources & Development Court (ERD Court) against permit refusals/revocations and protection/reparation orders (Part 7). The Court can make a wide range of remedies including injunctions, orders to remedy harm, costs, and in limited circumstances exemplary damages (ss 46–47).\n\n- Protects official marine‑park insignia and names from commercial use without consent (Part 9). It also contains offences for false or misleading information, confidentiality rules for officials, provisions for corporate liability, continuing offences, and broader regulation‑making powers (Parts 10 & s 63).\n\n**Who this affects**\n\n- The Minister (and Department) — principal decision‑maker with broad discretion to proclaim parks, set interim protections, make and amend management plans, grant permits, issue orders and recover costs (ss 10, 12, 14, 18, 19, 38–42, 22).\n\n- Commercial and recreational users of marine areas — fisheries, aquaculture, mining, petroleum, shipping, tourism operators, and recreational fishers whose activities can be restricted, permitted only by permit, or prohibited in sanctuary/restricted zones (ss 4, 13, 17–19, 21).\n\n- Holders of statutory authorisations under other Acts — may be eligible for compensation or compulsory acquisition if their rights are affected by zoning or temporary restrictions (s 21).\n\n- Landowners — may face registration of charges on land to secure costs the Minister recovers under protection/reparation orders (ss 39–45).\n\n- The public and interest groups — entitled to participate in management plan consultation and, if affected, to bring civil applications to the ERD Court (s 14(4), s 47(6)).\n\n- Authorised officers and advisory Council — enforcement and advisory roles respectively (ss 29, 32–34).\n\n**Why it matters (stated objectives and practical trade‑offs)**\n\n- The Act expressly aims to protect and conserve marine biodiversity and habitats and to support ecologically sustainable use while providing for public appreciation and adaptation to climate change (s 8). That is the policy claim — the statute sets out mechanisms (park declaration, zoning, management plans, orders, permits) to achieve those outcomes.\n\n- Costs and incentives: businesses and licence‑holders operating in or near parks face regulatory risk, compliance costs (permit applications, operational changes), and possible temporal disruption from emergency or temporary restrictions (ss 18, 19). The Act mitigates some of that risk by requiring fair and reasonable compensation or offering compulsory acquisition where statutory authorisations are affected (s 21), but compensation schemes and calculation methods are left to regulations (s 21(2)), creating implementation and uncertainty risks.\n\n- Concentrated benefits and diffuse costs: conservation benefits will primarily accrue to environmental and recreational stakeholders and to the public broadly; costs (lost opportunity, compliance, potential acquisition) are concentrated on particular industries, licence‑holders and landowners who operate in affected areas (ss 8, 21, 39–45). The Minister’s discretion in granting permits and drafting management plans concentrates decision power and therefore creates scope for lobbying or administrative bargaining around specific permits or zones (ss 14, 19, 22).\n\n- Bureaucratic discretion and implementation risk: the Act grants wide executive discretion (Minister can determine impact statements, consultation recipients, permit conditions, delegation, emergency orders and assumptions for estimating remediation costs) (ss 14(4), 19(4)/(5), 23, 38(3)). That speeds decision‑making in urgent cases but increases regulatory uncertainty for businesses and rights‑holders.\n\n- Effects on private choice and markets: zoning and permit requirements alter where and how private actors can extract or use marine resources, potentially increasing operational costs or redirecting activity to non‑park areas (ss 4, 13, 19). These restrictions can affect competition (smaller operators face fixed costs of compliance), product supply (seafood), and the viability of resource projects (mining, petroleum) if areas of interest are included in parks. Conversely, protected status can create business opportunities (eco‑tourism, research permits).\n\n- Compliance and enforcement: the Act provides strong enforcement tools (high monetary penalties and imprisonment for serious contraventions, seizure, warrants, enforcement officers) and civil remedies including recovery of remediation costs and the ability to register charges against land (ss 17, 18, 34, 39–45, 47). That supports effective enforcement but requires administrative capacity and can produce litigation (appeals to ERD Court) that delays action.\n\n**Who pays, who decides, what behaviour changes**\n\n- Who pays: offenders and persons found to have caused harm can be ordered to pay fines, remediate harm or reimburse Minister’s remediation costs; permit holders may be liable for breaches; the Minister (i.e. State) pays compensation where statutory authorisations are affected (ss 20, 38–42, 21).\n\n- Who decides: the Minister is the central decision‑maker with delegation power; the Parks and Wilderness Council provides mandatory advice in several situations; authorised officers exercise enforcement powers; the ERD Court is the avenue for judicial review and appeal (ss 10(2), 22–23, 29, 32–34, 46–47).\n\n- Behaviour changes expected: reduced or altered extractive activity in sanctuary/restricted zones; reallocation of some commercial effort to general managed use or non‑park areas; increased permit application activity; more caution by operators to avoid reparation orders; possible shifts toward conservation‑compatible business models (tourism, research) in park areas.\n\n**Implementation and opportunity costs, briefly**\n\n- Opportunity costs include foregone resource development or extraction in newly protected areas and the administrative cost of plan development, enforcement and compensation schemes (ss 10, 14, 21, 63).\n\n- Compliance burden rests on permit applicants and licence‑holders; implementation risk centres on the Minister’s wide discretion, timing of management plans (3‑year target), regulation design (s 63) and the adequacy of enforcement resourcing.\n\nOverall, the Act creates a comprehensive statutory framework to declare and manage marine parks using zoning, permits and enforceable orders, while providing compensation pathways where other statutory rights are affected. It places substantial discretion and enforcement tools in the executive, balanced by statutory consultation requirements and a defined appeal route to the ERD Court."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2007 Act focused primarily on establishing marine parks and basic management. Over time, amendments have significantly expanded the scope: (1) The 2010 amendment added Parliamentary scrutiny requirements for management plans (section 15); (2) The 2015 abolition of the Marine Parks Council and transfer of functions to the Parks and Wilderness Council streamlined governance but changed administrative structures; (3) The 2017 amendment integrated the Act with the new Planning, Development and Infrastructure Act 2016, adding complex cross-references to planning schemes; (4) The 2019 amendments modernised consultation requirements to use websites rather than physical documents; (5) The 2020 amendment linked the Act to the Landscape South Australia Act 2019. The Act has evolved from a simple park-establishment framework into a complex instrument integrating marine protection with state planning systems, native title, and multiple industry sectors."},"complexity_factors":["Multiple overlapping legal instruments: The Act interacts with at least 12 other Acts (Fisheries Management Act, Planning and Development Act, Native Title Act, etc.) and requires management plans to consider state planning policies, landscape strategies, and indigenous land use agreements","Nested conditional logic: Section 19 (permits) contains 9 subsections with multiple conditions for grant, refusal, variation, and revocation; Section 34 (powers of authorised officers) lists 16 distinct powers with warrant requirements and limitations","Multiple enforcement pathways: The Act provides criminal offences, civil remedies (Part 8), protection orders, reparation orders, and reparation authorisations – each with different procedures, time limits, and appeal rights","Defined terms: 47 defined terms in section 3 alone, including complex relational definitions like 'associate' which spans 7 categories including corporate relationships, trusts, and chains of relationships","Temporal and procedural complexity: Various time limits (6 weeks for submissions, 3 years for civil proceedings, 72 hours for emergency orders, 14 days for appeals, 10 years for plan reviews) with exceptions and extensions","Dual status provisions: Emergency orders (sections 38 and 40) operate differently if issued orally vs. in writing, with automatic expiry clauses and confirmation requirements","Registration system: Orders can be registered against land titles (Part 6 Division 2), creating charges that priority rules apply to (section 45), adding property law complexity","Native title overlay: Section 52 creates a blanket qualification that all prohibitions apply 'subject to native title', requiring knowledge of Commonwealth native title law to fully understand the Act's operation"],"plain_english_summary":"**What this law does:**\n\nThe *Marine Parks Act 2007* (South Australia) creates a system of protected ocean areas called **marine parks**. It sets up rules for how these parks are established, managed, and enforced to protect sea life, habitats, and cultural heritage while allowing sustainable use.\n\n**Key things it covers:**\n\n*   **Creating parks:** The Governor can declare areas of sea (and adjacent land) as marine parks, with advice from the Parks and Wilderness Council. These areas get names and boundaries defined by official proclamation (a formal public announcement).\n*   **Zoning:** Each park is divided into **zones** with different rules:\n    *   *General managed use zones* – allow sustainable development with protection\n    *   *Habitat protection zones* – protect habitats while allowing non-harmful activities\n    *   *Sanctuary zones* – strict protection, generally no removal of plants or animals\n    *   *Restricted access zones* – limited entry only\n*   **Management plans:** Every park must have a plan reviewed every 10 years, developed with community and industry input. These plans define zones and what activities are allowed.\n*   **Permits:** You need a permit to do things that would normally be banned in a park (like certain fishing or construction).\n*   **Enforcement:** Authorised officers (fisheries officers, wardens, police, and others) can enter places, inspect vessels, seize evidence, and issue directions. They can also issue emergency orders to stop damage.\n*   **Duty of care:** Everyone must take reasonable steps to avoid harming marine parks through their actions.\n*   **Orders and penalties:** The Minister can issue **protection orders** (to stop harmful activities) and **reparation orders** (requiring someone to fix damage or pay for it). Serious breaches carry fines up to $100,000 or 2 years imprisonment.\n*   **Compensation:** If creating a park affects existing legal rights (like fishing licenses), the government must pay fair compensation or buy out those rights.\n*   **Appeals:** People can appeal permit decisions and orders to the Environment, Resources and Development (ERD) Court.\n\n**Who it affects:**\n\n*   **Fishers** (commercial and recreational)\n*   **Boaters and divers**\n*   **Tourism operators**\n*   **Mining and petroleum companies**\n*   **Traditional owners** (the Act specifically recognises native title rights)\n*   **Local councils** and **government agencies**\n*   **Anyone using South Australian coastal waters**\n\n**Why it matters:**\n\nThis law balances environmental protection with economic activity. It aims to keep ocean ecosystems healthy, protect cultural heritage, help marine life adapt to climate change, and ensure future generations can enjoy and use the marine environment. It gives the government strong powers to stop damage and make polluters pay for cleanup, while providing pathways for compensation when legitimate business interests are affected."}},"importantCases":[],"_links":{"self":"/api/acts/marine-parks-act-2007","history":"/api/acts/marine-parks-act-2007/history","analysis":"/api/acts/marine-parks-act-2007/analysis","conflicts":"/api/acts/marine-parks-act-2007/conflicts","importantCases":"/api/acts/marine-parks-act-2007/important-cases","documents":"/api/acts/marine-parks-act-2007/documents"}}