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, the Mining Act 1992, the Petroleum (Onshore) Act 1991 and the Petroleum (Offshore) Act 1982 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 (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 (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.