{"id":"marine-parks-zoning-regulations-2012","name":"Marine Parks (Zoning) Regulations 2012","slug":"marine-parks-zoning-regulations-2012","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236136,"registerId":"sa-marine-parks-zoning-regulations-2012-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Marine Parks (Zoning) Regulations 2012","content":"South Australia\nMarine Parks (Zoning) Regulations 2012\nunder the Marine Parks Act 2007\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tInteraction with other Acts (section 6 of Act)\n5\tExemption from prohibitions and restrictions\n6\tGeneral managed use zone\n7\tHabitat protection zone\n8\tSanctuary zone\n9\tRestricted access zone\n10\tManner and form of warnings\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Marine Parks (Zoning) Regulations 2012.\n2—Commencement\nThese regulations will come into operation 4 months after the day on which they are made (see Subordinate Legislation Act 1978 section 10AA).\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAboriginal tradition means traditions, observances, customs or beliefs of the people who inhabited Australia before European colonisation and includes traditions, observances, customs and beliefs that have evolved or developed from that tradition since European colonisation;\nAct means the Marine Parks Act 2007;\nalgae means non‑vascular aquatic vegetation that can be seen without the aid of a microscope;\naquaculture has the same meaning as in the Aquaculture Act 2001;\ndredge means remove solid matter from the bed of marine waters or inland waters by means of digging or suction apparatus;\nemergency means an event that causes, or threatens to cause—\n\t(a)\tthe death of, or harm to, a person; or\n\t(b)\tthe destruction of, or damage to, property; or\n\t(c)\ta disruption to essential services or to services usually enjoyed by the community; or\n\t(d)\tharm to the environment;\nfishery authority means a licence or permit under the Fisheries Management Act 2007 or a statutory authorisation under the law of the Commonwealth as applied as a law of the State by the Fisheries Management Act 2007;\nfishing activity has the same meaning as in the Fisheries Management Act 2007;\nhauling net has the same meaning as in the Fisheries Management (General) Regulations 2007;\nILUA means an indigenous land use agreement registered under Part 2 Division 3 of the Native Title Act 1993 of the Commonwealth;\nmotorised vessel means a vessel that has a motor or engine as its principal source, or 1 of its principal sources, of motive power;\nmotorised water sport means—\n\t(a)\tany activity involving the driving of a motorised vessel other than in a straight line, including—\n\t(i)\tdriving in a circular pattern; or\n\t(ii)\tweaving or diverting; or\n\t(iii)\tsurfing down, or jumping over or across, a wave, swell or wash,\nexcept for any necessary turn or diversion; or\n\t(b)\tany activity in which a motorised vessel tows a person on top of the water or in the air, as in waterskiing or parasailing; or\n\t(c)\tany activity in which a motorised vessel is operated at a speed greater than 35 knots; or\n\t(d)\tany activity in which a personal watercraft is used,\nbut does not include the use of a motorised vessel for transport by the most direct reasonable route between 2 places involving the driving of the vessel in a straight line;\nmotor vehicle has the same meaning as in the Motor Vehicles Act 1959;\npersonal watercraft means a jet ski or other motorised vessel designed to be operated by a person standing, sitting astride or kneeling on the vessel but not seated within the vessel;\nport operator has the same meaning as in the Harbors and Navigation Act 1993;\nsessile animal means animals that are fixed in place, and includes corals, bryozoans, hydroids, sponges, anemones, ascidians and sea pens, but does not include razor fish or polychaete worms;\ntemporary prohibition or restriction means a prohibition or restriction of an activity within a marine park, or a zone or other area of a marine park, imposed under section 18 of the Act;\ntrawl net has the same meaning as in the Fisheries Management (General) Regulations 2007;\nwastewater includes—\n\t(a)\thuman waste either alone or in combination with water; and\n\t(b)\twater used in laundry, bathing or kitchen activities; and\n\t(c)\twastewater generated by cleaning a toilet; and\n\t(d)\twash down water; and\n\t(e)\tbilge water,\nwhether treated or untreated.\n4—Interaction with other Acts (section 6 of Act)\n\t(1)\tPursuant to section 6(2) of the Act, this regulation sets out the extent to which the prohibitions or restrictions applying within a marine park under the Act have effect despite the provisions of any other Act.\n\t(2)\tThe rights conferred by a statutory authorisation that is in force when a prohibition or restriction is applied within a marine park under the Act (an existing authorisation) are not affected by the prohibition or restriction except as follows:\n\t(a)\tin the case of a prohibition or restriction (other than a temporary prohibition or restriction) applied to a zone of a marine park—\n\t(i)\tthe rights conferred by an existing fishery authority are subject to the prohibition or restriction;\n\t(ii)\tif, after the prohibition or restriction is applied, an existing authorisation (other than an authorisation under the Mining Act 1971 or Petroleum and Geothermal Energy Act 2000) is varied or renewed so as to confer further rights, those further rights are subject to the prohibition or restriction;\n\t(b)\tin the case of a temporary prohibition or restriction—the rights conferred by an existing statutory authorisation are subject to the temporary prohibition or restriction unless the notice imposing the temporary prohibition or restriction provides to the contrary.\n\t(3)\tThe rights conferred by a statutory authorisation, other than a statutory authorisation under the Mining Act 1971 or Petroleum and Geothermal Energy Act 2000, that comes into force after a prohibition or restriction is applied within a marine park under the Act are subject to the prohibition or restriction.\n\t(4)\tNothing in this regulation—\n\t(a)\tprevents the granting of a permit under section 19 of the Act authorising a person to engage in an activity; or\n\t(b)\tprevents a person engaging, in a special purpose area, in an activity permitted in that area,\nthat would otherwise be prohibited under this regulation.\n\t(5)\tA renewal of a statutory authorisation in the same terms does not, of itself, constitute the conferral of further rights.\nNote—\nIn the case of a statutory authorisation under the Mining Act 1971 or Petroleum and Geothermal Energy Act 2000, relevant applications must be referred to the Minister and, in the event of disagreement between the different Ministers as to whether an authorisation should be granted or renewed or the conditions to which an authorisation should be subject, the matter is to be resolved by the Governor.\n5—Exemption from prohibitions and restrictions\nThe prohibitions and restrictions applying within a marine park do not apply to—\n\t(a)\ta person acting in the course of an emergency; or\n\t(b)\tan Aboriginal person acting in accordance with an ILUA or Aboriginal tradition; or\n\t(c)\ta person exercising official powers or functions under an Act (whether of the State or of the Commonwealth).\n6—General managed use zone\n\t(1)\tA general managed use zone is comprised of the prohibitions and restrictions (the general managed use rules) set out in the table in subregulation (3).\n\t(2)\tAn alleged offence against section 17 of the Act consisting of a contravention of a general managed use rule is an expiable offence if an expiation fee is set out in respect of the rule in the table in subregulation (3) and the expiation fee for such an offence is the amount so set out.\n\t(3)\tTable of general managed use rules and expiation fees\n\n\nGeneral managed use rules\nExpiation fee\n(a)\nA person must not, in the zone—\n$315\n\n\t(i)\tdeposit or leave any litter, bottle, broken glass, china, pottery, plastic article, rubbish, refuse or other waste material, except in an area or receptacle provided for that purpose; or\n\n\n\t(ii)\twilfully break any article of glass, china, pottery, plastic or other brittle material.\n\n7—Habitat protection zone\n\t(1)\tA habitat protection zone is comprised of the prohibitions and restrictions (the habitat protection rules) set out in the table in subregulation (3).\n\t(2)\tAn alleged offence against section 17 of the Act consisting of a contravention of a habitat protection rule is an expiable offence if an expiation fee is set out in respect of the rule in the table in subregulation (3) and the expiation fee for such an offence is the amount so set out.\n\t(3)\tTable of habitat protection rules and expiation fees\n\n\nHabitat protection rules\nExpiation fee\n(a)\nA person must not contravene a general managed use rule.\nThe fee (if any) applicable to the rule under regulation 6\n(b)\nA person must not anchor a vessel greater than 80 metres in length (determined in accordance with the Harbors and Navigation Act 1993) in the zone except—\n\n\n\t(i)\tin a harbor or at a transhipment point prescribed under the Harbors and Navigation Regulations 2009; or\n\n\n\t(ii)\tat a transhipment or other anchoring point designated as such on a navigational chart produced by or on behalf of the Minister responsible for the administration of the Harbors and Navigation Act 1993; or\n\n\n\t(iii)\tat a pilot station used in connection with compulsory pilotage under the Harbors and Navigation Act 1993.\n\n(c)\nA person must not dredge in the zone.\n$750\n\nThis rule does not apply to a Minister, a port operator or a person acting under the authority of such a person.\n\n(d)\nA person must not deposit in the zone solid matter removed as a consequence of dredging.\n$750\n\nThis rule does not apply to a Minister, a port operator or a person acting under the authority of such a person.\n\n(e)\nA person must not use a trawl net on or near the seabed in the zone.\n$750\n(f)\nA person must not—\n$315\n\n\t(i)\tremove from the zone—\n\n\n\t(A)\tthe whole, or any part of or reproductive product of, an aquatic plant, algae or sessile animal (whether dead or alive); or\n\n\n\t(B)\tany soil, rock, mineral or similar material; or\n\n\n\t(C)\twood, mulch or other dead vegetation; or\n\n\n\t(D)\ta fossil or archaeological remains; or\n\n\n\t(ii)\tharm an aquatic plant, algae or sessile animal in the zone; or\n\n\n\t(iii)\tintentionally disturb any—\n\n\n\t(A)\twood, mulch or other dead vegetation in the zone; or\n\n\n\t(B)\tfossil or archaeological remains in the zone.\n\n\nThis rule does not apply in relation to removal, harm or disturbance—\n\n\n\t(a)\tthat arises in, or results from, the ordinary course of—\n\n\n\t(i)\taquaculture authorised by, and carried on in accordance with, the Aquaculture Act 2001; or\n\n\n\t(ii)\ta lawful fishing activity carried on in accordance with the Fisheries Management Act 2007; or\n\n\n\t(b)\tthat results from the ordinary performance of the functions of a scientific observer under section 87 of the Fisheries Management Act 2007 in the zone and cannot reasonably be avoided; or\n\n\n\t(c)\tthat arises incidentally in the ordinary course of some other lawful activity in the zone and cannot reasonably be avoided.\n\n8—Sanctuary zone\n\t(1)\tA sanctuary zone is comprised of the prohibitions and restrictions (the sanctuary rules) set out in the table in subregulation (3).\n\t(2)\tAn alleged offence against section 17 of the Act consisting of a contravention of a sanctuary rule is an expiable offence if an expiation fee is set out in respect of the rule in the table in subregulation (3) and the expiation fee for such an offence is the amount so set out.\n\t(3)\tTable of sanctuary rules and expiation fees\n\n\nSanctuary rules\nExpiation fee\n(a)\nA person must not contravene a habitat protection rule.\nThe fee (if any) applicable to the rule under regulation 7\n(b)\nA person must not erect in the zone a structure of any kind, including (without limitation) a wharf, dock, jetty or breakwater.\n\n(c)\nA person must not engage in aquaculture in the zone.\n\n(d)\nA person must not engage in a prescribed activity of environmental significance specified in Schedule 1 clause 3(2) or 8(7) of the Environment Protection Act 1993 if the activity involves a discharge into waters in the zone.\n\n(e)\nA person must not dredge in the zone.\n$750\n(f)\nA person must not deposit in the zone solid matter removed as a consequence of dredging.\n$750\n(g)\nA person must not establish a mooring in the zone.\n$315\n\nThis rule does not apply to the establishment of a mooring—\n\n\n\t(i)\tby a port operator; or\n\n\n\t(ii)\tin accordance with a statutory authorisation under the Harbors and Navigation Act 1993.\n\n(h)\nA person must not, for fee or reward, conduct a tour of the zone or otherwise carry on a business comprising tourism in the zone.\n$315\n\nThis rule does not apply in relation to activities authorised by a statutory authorisation under the National Parks and Wildlife Act 1972 or Wilderness Protection Act 1992.\n\n(i)\nA person must not conduct a fishing, swimming, surfing or boating competition or speed trial or other organised sport in the zone.\n$315\n\nThis rule does not apply in relation to activities authorised by a statutory authorisation under the Harbors and Navigation Act 1993, National Parks and Wildlife Act 1972 or Wilderness Protection Act 1992.\n\n(j)\nA person must not conduct scientific research for commercial or professional purposes in the zone.\n$315\n\nThis rule does not apply to the conduct of scientific research—\n\n\n\t(i)\tby a scientific observer authorised to conduct the research under the Fisheries Management Act 2007; or\n\n\n\t(ii)\tauthorised by a statutory authorisation under the National Parks and Wildlife Act 1972 or Wilderness Protection Act 1992.\n\n(k)\nA person must not, for a commercial purpose while in the zone, film, photograph, videotape or otherwise record images or sound.\n$315\n\nThis rule does not apply to conduct authorised by a statutory authorisation under the National Parks and Wildlife Act 1972 or Wilderness Protection Act 1992.\n\n(l)\nA person must not—\n$315\n\n\t(i)\tremove from the zone the whole, or any part of or reproductive product of, a plant or animal (whether dead or alive); or\n\n\n\t(ii)\tharm a plant or animal in the zone; or\n\n\n\t(iii)\tfeed or interfere with a wild animal in the zone; or\n\n\n\t(iv)\tuse berley in the zone; or\n\n\n\t(v)\tengage in an act preparatory to, or involved in, an act referred to in a preceding subparagraph.\n\n\nNote—\nConsequently, a person must not engage in a fishing activity in the zone.\n\n\nHowever, this rule does not apply in relation to—\n\n\n\t(a)\ta lawful fishing activity (including berleying) carried on in the zone before 1 October 2014;\n\n\n\t(b)\tremoval or harm that arises incidentally in the ordinary course of a lawful activity in the zone and cannot reasonably be avoided.\n\n(m)\nA person must not remove water from the waters of the zone or extract salt or any other substance from the waters of the zone.\n$315\n(n)\nA person must not discharge wastewater from a vessel into water, or onto land, in the zone.\n$315\n(o)\nA person must not engage in a motorised water sport in the zone.\n$150\n\nNothing in this rule prohibits or restricts a person traversing a zone in a motorised vessel.\n\n(p)\nA person must not bring a domestic animal into the zone or allow a domestic animal to remain in the zone unless, at all times—\n\t(i)\tthe animal is confined to a motor vehicle, trailer or vessel; or\n\t(ii)\tthe animal is a dog and the dog is on a lead that is 2 metres or less in length; or\n\t(iii)\tthe animal is in an area in which, under a council by‑law, animals of that kind may be exercised or be present and any requirements of the by‑law in relation to the animal are complied with.\n$75\n9—Restricted access zone\n\t(1)\tA restricted access zone is comprised of the prohibitions and restrictions (the restricted access rules) set out in the table in subregulation (3).\n\t(2)\tThe expiation fee for an alleged offence against section 17 of the Act consisting of a contravention of a restricted access rule is the amount set out in respect of the rule in the table in subregulation (3).\n\t(3)\tTable of restricted access rules and expiation fees\n\n\nRestricted access rules\nExpiation fee\n(a)\nA person must not fly a helicopter at an altitude of less than 500 metres above ground or sea level of a restricted access zone.\n$750\n(b)\nA person must not fly an aircraft (other than a helicopter) at an altitude of less than 300 metres above ground or sea level of a restricted access zone.\n$750\n(c)\nA person must not otherwise enter or remain in or engage in any activity in a restricted access zone.\n$750\n10—Manner and form of warnings\nFor the purposes of section 17(2) of the Act, a warning must—\n\t(a)\tbe given in a manner and form approved by the Minister; and\n\t(b)\tset out the following information:\n\t(i)\tthe full name, residential address and contact details of the alleged offender;\n\t(ii)\tparticulars of the alleged offence, including—\n\t(A)\tthe date on which it was committed; and\n\t(B)\tthe time at which it was committed; and\n\t(C)\ta description of the location at which it was committed; and\n\t(D)\tthe nature of the alleged offence;\n\t(iii)\tthe full name of the authorised officer giving the warning.\nLegislative history\nNotes\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.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2012\n243\nGazette 29.11.2012 p5278\n29.3.2013: r 2\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulations implement zoning and operational rules authorised by the Marine Parks Act 2007 rather than expanding the Act’s substantive reach. They specify how park prohibitions operate alongside other statutory authorisations (see reg 4), set expiation fees and create targeted exemptions and permit paths, but do not, on their face, broaden the legal scope of activities that the Act controls."},"complexity_factors":["Extensive definitions section that fixes technical meanings for many activities and items (reg 3).","Multiple zone categories (regs 6–9) with overlapping prohibitions and nested exceptions (e.g. sanctuary rules incorporate habitat protection rules).","Cross‑reference and interaction rules with other statutes and existing statutory authorisations, including special treatment for mining/petroleum authorisations (reg 4).","Mixture of absolute prohibitions, permit routes and expiable offences with specified fees (regs 6–9), creating compliance and enforcement choices.","Specific exemptions for emergencies, Aboriginal people acting under ILUAs or tradition, and persons exercising official powers (reg 5).","Discretionary elements: Minister approves warning manner/form and statutory authorisations and permits can alter the effect of prohibitions (reg 10; reg 4(4)).","Operational detail (e.g. anchoring limits, dredging and mooring exceptions, fishing and aquaculture carve‑outs) that imposes varied obligations on different user groups."],"plain_english_summary":"These regulations set the rules, exemptions and expiation fees for activities in four marine park zone types (general managed use, habitat protection, sanctuary and restricted access). They affect anyone who uses or operates in marine parks — fishers, tourism and port operators, Aboriginal people and officials — by prohibiting specified actions, allowing permits in certain cases, and prescribing who may be exempt. The Minister approves the form of warnings and the regulations define how statutory authorisations interact with park prohibitions (reg 4)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent — the legislative text was not accessible due to a website error returning a Page Not Found response. No comparison between original and current provisions is possible from the content provided."},"complexity_factors":["No legislative text was retrievable — analysis is based only on general knowledge of the instrument","Marine park zoning regulations typically involve spatial legal boundaries (geographic zones) which can be technically complex to interpret without maps","Multiple zone types with different rules create layered obligations for users of marine parks","Interaction between state regulations and Commonwealth marine law can add complexity in practice","Website migration issue (pre-March 2026 links broken) may make it harder for the public to access the current version"],"plain_english_summary":"The Marine Parks (Zoning) Regulations 2012 (SA) set zoning rules for South Australia’s marine parks—defining where activities like fishing, boating, diving and research are allowed or restricted—and thus affect recreational and commercial fishers, boaters, divers, tourists, conservation groups and scientists.  \n\nThis matters because zones determine lawful use and penalties for breaches. The regulation text could not be retrieved from the provided link (404); check legislation.sa.gov.au for the current instrument."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with their original purpose under the Marine Parks Act 2007. They implement the zoning scheme contemplated by the parent Act without significant expansion beyond the statutory framework for marine park management."},"complexity_factors":["19 defined terms in the interpretation section, several cross-referencing other Acts (Aquaculture Act 2001, Fisheries Management Act 2007, etc.)","Nested exception structure: sanctuary zone rules incorporate habitat protection rules by reference, which in turn incorporate general managed use rules","Multiple conditional exemptions within individual rules (e.g., regulation 8(3)(l) has two layers of 'does not apply' conditions)","Complex interaction provisions in regulation 4 dealing with temporal priority of statutory authorisations (existing vs future, temporary vs permanent)","Specific measurement requirements (80 metres vessel length, 35 knots speed, 2 metre leash length, 500/300 metre altitude limits)","Cross-referencing of expiation fees across multiple tables with 'if any' contingencies"],"plain_english_summary":"These regulations set the rules for what people can and cannot do in South Australia's marine parks. They divide marine parks into four different **zones**, each with stricter protections than the last:\n\n- **General managed use zone**: The most permissive area. Mainly bans littering and breaking glass ($315 fine).\n- **Habitat protection zone**: Adds restrictions on large ships anchoring, dredging, trawling, and removing plants, algae or animals attached to the seabed ($315–$750 fines). Some exceptions apply for fishing, aquaculture and port operations.\n- **Sanctuary zone**: The strictest protection. Bans fishing, aquaculture, structures, commercial filming, organised sports, motorised water sports (like jet skis), and even discharging wastewater from boats ($75–$750 fines). You can still drive a boat through in a straight line, and some activities are allowed with special permits.\n- **Restricted access zone**: Completely off-limits except for authorised aircraft flying above set heights ($750 fine for entry).\n\n**Key exemptions**: The rules don't apply during emergencies, to Aboriginal people exercising traditional rights under registered agreements, or to government officials doing their job.\n\n**Interaction with other laws**: The regulations explain how marine park rules interact with existing fishing licences, mining permits and other authorisations. Generally, old rights continue but new ones must comply with the zones. Mining and petroleum activities get special treatment—disputes between ministers go to the Governor.\n\n**Why it matters**: These rules protect South Australia's marine ecosystems while still allowing sustainable fishing, tourism and port operations in designated areas. The zoning system lets different activities happen in different places, balancing conservation with economic use."}},"importantCases":[],"_links":{"self":"/api/acts/marine-parks-zoning-regulations-2012","history":"/api/acts/marine-parks-zoning-regulations-2012/history","analysis":"/api/acts/marine-parks-zoning-regulations-2012/analysis","conflicts":"/api/acts/marine-parks-zoning-regulations-2012/conflicts","importantCases":"/api/acts/marine-parks-zoning-regulations-2012/important-cases","documents":"/api/acts/marine-parks-zoning-regulations-2012/documents"}}