31Areas part of Marine Park

#### 31 Areas part of Marine Park (1) Subject to subsection (5), the Governor‑General may, by Proclamation, declare an area specified in the Proclamation, being an area within the Great Barrier Reef Region, to be a part of the Marine Park and assign a name or other designation to that area. > Note: A Proclamation under subsection (1) is a legislative instrument but is not subject to disallowance or sunsetting (see regulations made for the purposes of subsections 44(2) and 54(2) of the Legislation Act 2003). (2) Where an area is, for the time being, declared by Proclamation under subsection (1) to be a part of the Marine Park: (a) the waters of any sea within the area; (b) the sea‑bed beneath any sea within the area; (c) the subsoil beneath any such sea‑bed, extending to such depth below the sea‑bed as is specified in the Proclamation; (d) the sub‑soil beneath any land within the area, extending to such depth below the surface as is specified in the Proclamation; and (e) the airspace above the area, extending to such height above the surface as is specified in the Proclamation; shall be taken to be in the Marine Park and, for the purposes of this Act, part of the area. (3) Subject to subsections (4) and (5), the Governor‑General may, by Proclamation, revoke or amend a Proclamation made under subsection (1). > Note: A Proclamation under subsection (3) is a legislative instrument but is not subject to disallowance or sunsetting (see regulations made for the purposes of subsections 44(2) and 54(2) of the Legislation Act 2003). (4) Before the Governor‑General makes a Proclamation causing an area in the Great Barrier Reef Region to cease to be part of the Marine Park, the Minister must be satisfied: (a) that the Proclamation, if made, would be in accordance with a resolution passed by each House of the Parliament on a motion; and (b) that notice of the motion was given no less than 15 sitting days of that House before the motion was moved. (5) Before the Governor‑General makes a Proclamation, the Minister must consider a report by the Authority in relation to the matter dealt with by the Proclamation. (6) Before preparing the report, the Authority must, by public notice: (a) state that the area is proposed to be included in the Marine Park; and (b) state the boundaries of the area; and (c) state any name or other designation proposed for the area; and (d) invite the public to make comments in connection with the proposal by the date specified in the notice (which must be at least 60 days after the date the notice is published in the Gazette); and (e) specify the address to which comments must be sent. (7) The Authority must include in the report any comments made in accordance with the notice and the Authority’s views on the comments.