45Amending or replacing management rules for marine parks and aquatic reserves

#### 45 Amending or replacing management rules for marine parks and aquatic reserves 45 Amending or replacing management rules for marine parks and aquatic reserves > > (1) The relevant Ministers may, at any time, recommend the making of a regulation to amend or replace the management rules for a marine park or an aquatic reserve. > > > (2) Without limiting subsection (1), the relevant Ministers may recommend the making of a regulation to amend or replace the management rules for a marine park or an aquatic reserve as a consequence of any of the following— > > > > > (a) the publication of a critical habitat declaration, threat abatement plan or recovery plan under the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101), > > > > > (b) the publication of a critical habitat declaration, threat abatement plan or recovery plan under the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038), > > > > > (c) the making of any instrument under the [Environment Protection and Biodiversity Conservation Act 1999](http://www.legislation.gov.au/) of the Commonwealth in relation to species, ecological communities, places or activities that is relevant to the marine park or aquatic reserve, > > > > > (d) the making of a proclamation varying the area of the marine park or a notice varying the area of the aquatic reserve (as relevant). > > > (3) Section 43 applies to the making of a regulation to amend or replace the management rules for a marine park or an aquatic reserve in the same way as it applies to the making of management rules under that section unless the relevant Ministers are of the opinion that— > > > > > (a) the amendment or replacement is to be made as a consequence of any event referred to in subsection (2) (a)–(c), or > > > > > (b) the proposed amendment or replacement corrects a technical error or inconsistency.