23Declaration of marine parks

23 Declaration of marine parks

23 Declaration of marine parks

(1) The Governor, on the recommendation of the relevant Ministers, may, by proclamation, declare an area described in the proclamation to be a marine park.

(2) The relevant Ministers must not recommend to the Governor that an area be declared a marine park unless the relevant Ministers have considered—

(a) the marine estate management strategy (if one has been approved), and

(b) any relevant threat and risk assessment report prepared under this Act.

(3) The area that may be so declared includes—

(a) any area of waters of the sea or subject to tidal influence, or

(b) any area of water, or land, adjacent to such waters, or

(c) any area of land within such waters, or

(d) any area of land from time to time covered by such waters.

(4) A proclamation must not be made under this section—

(a) in respect of an area of Crown lands above mean high water mark—without the consent of the Minister administering the Crown Land Management Act 2016, and

(b) in respect of any area of land above mean high water mark (whether or not Crown lands)—without the consent of the owner of the land.

(5) A declaration under this section in relation to an area is not affected by—

(a) an existing interest in respect of land in the area, or

(b) a change of ownership of land in the area.

(6) Subject to this Act, a provision of this Act or the regulations has effect in relation to an area of a marine park despite any such existing interest or change of ownership, unless the provision otherwise specifies.

s 23: Am 2017 No 17, Sch 4.56 [2].