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](/view/html/inforce/current/act-2016-058), 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 \[2\].