35Consent required for declarations

#### 35 Consent required for declarations 35 Consent required for declarations > > (1) The relevant Ministers are required to obtain the appropriate consent before declaring an area to be an aquatic reserve. > > > (2) The appropriate consent for an area (other than an area of public water land) is the consent of the owner of the land concerned. > > > (3) The appropriate consent for an area of public water land is— > > > > > (a) in the case of public water land that is Crown land—the consent of the Minister administering the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), and > > > > > (b) in the case of public water land that is vested in a local or public authority or in trustees for a public purpose—the consent of that authority or those trustees. > > > (4) This section does not apply— > > > > > (a) to an area of water and the land submerged by that water below mean high water mark, or > > > > > (b) to an area vested in the relevant Ministers, or > > > > > (c) to an area subject to an aquaculture lease under the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038). > > **s 35:** Am 2017 No 17, Sch 4.56 \[4\].