26Variation of area of marine park

#### 26 Variation of area of marine park 26 Variation of area of marine park > > (1) The Governor, on the recommendation of the relevant Ministers, may from time to time, by proclamation, vary the area of a marine park. > > > (2) The relevant Ministers must not recommend to the Governor a variation of the area of 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 relevant Ministers must not recommend to the Governor a variation to a marine park to remove an area unless the relevant Ministers are satisfied that the area is no longer required to be part of the marine park in order to attain the purposes of marine parks set out in this Division. > > > (4) Sections 40 (Notice of statutory rules to be tabled) and 41 (Disallowance of statutory rules) of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) apply to a proclamation under this section in the same way as those sections apply to a statutory rule. > > > (5) The provisions of section 23 (3)–(6) apply to a variation of an area under this section that adds an area to a marine park in the same way as those provisions apply to the declaration of an area as a marine park.