55Development within marine parks and aquatic reserves—application of EPA Act

55 Development within marine parks and aquatic reserves—application of EPA Act

55 Development within marine parks and aquatic reserves—application of EPA Act

(1) Before determining a development application under Part 4 of the Environmental Planning and Assessment Act 1979 for the carrying out of development within a marine park or an aquatic reserve, a consent authority must—

(a) take into consideration—

(i) if there are management rules for the marine park or aquatic reserve, the purposes of the zone within which the area concerned is situated as specified in those management rules, and

(ii) the permissible uses of the area concerned under the regulations or those management rules, and

(iii) if a management plan for the marine park or aquatic reserve has been made, the objectives of the marine park or aquatic reserve, and

(iv) any relevant marine park or aquatic reserve notifications, and

(b) if the consent authority intends to grant consent to the carrying out of the development, obtain the concurrence of the relevant Ministers to the granting of the consent.

(2) A Minister who is a determining authority must not carry out, or grant approval to carry out, an activity within a marine park or an aquatic reserve unless the Minister has—

(a) taken into consideration—

(i) if there are management rules for the marine park or aquatic reserve, the purposes of the zone within which the area concerned is situated as specified in those management rules, and

(ii) the permissible uses of the area concerned under the regulations or the management rules, and

(iii) if a management plan for the marine park or aquatic reserve has been made, the objectives of the marine park or aquatic reserve, and

(iv) any relevant marine park or aquatic reserve notifications, and

(b) in the case of an activity for which an environmental impact statement is required to be prepared under the Environmental Planning and Assessment Act 1979, Division 5.1, Subdivision 3, consulted with the relevant Ministers on the carrying out of the activity or the granting of approval.