54Mining in marine parks and aquatic reserves prohibited

#### 54 Mining in marine parks and aquatic reserves prohibited 54 Mining in marine parks and aquatic reserves prohibited > > (1) It is unlawful to prospect or mine for minerals in a marine park or an aquatic reserve. > > > (2) The [Offshore Minerals Act 1999](/view/html/inforce/current/act-1999-042), the [Mining Act 1992](/view/html/inforce/current/act-1992-029), the [Petroleum (Onshore) Act 1991](/view/html/inforce/current/act-1991-084) and the [Petroleum (Offshore) Act 1982](/view/html/inforce/current/act-1982-023) do not apply to or in respect of any area within a marine park or an aquatic reserve. > > > (3) This section does not apply to or in respect of any licence, permit, authorisation or lease in force under any of those Acts— > > > > > (a) in relation to a marine park—as at 1 August 1997, and > > > > > > Note. > > > > > > Section 18 of the [Marine Parks Act 1997](/view/html/repealed/current/act-1997-064) (the predecessor of this provision in relation to marine parks) commenced on 1 August 1997. > > > > > (b) in relation to an aquatic reserve—as at 31 March 2002. > > > > > > Note. > > > > > > Section 197B of the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038) (the predecessor of this provision in relation to aquatic reserves) commenced on 31 March 2002. > > > > However, no renewal or extension of such a licence, permit, authorisation or lease may be granted after those dates except as expressly authorised by an Act of Parliament. > > > (4) This section does not apply to or in respect of sand extraction within a marine park for conservation purposes or for the purpose of preventing the risk of serious injury to a person or harm to the environment that is carried out in accordance with a consent granted under this section and any other authorisation required under any other Act. > > > (5) The relevant Ministers may grant consent (with or without conditions) to the carrying out of sand extraction within a marine park but only if satisfied that the sand extraction is for a purpose referred to in subsection (4). > > > (6) In deciding whether to grant consent, the relevant Ministers must have regard to the assessment criteria (if any) prescribed by the regulations.