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](/view/html/inforce/current/act-1979-203) 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](/view/html/inforce/current/act-1979-203), Division 5.1, Subdivision 3, consulted with the relevant Ministers on the carrying out of the activity or the granting of approval. > > > (3) A determining authority (not being a Minister) must not carry out, or grant approval to carry out, an activity unless the determining authority 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](/view/html/inforce/current/act-1979-203), Division 5.1, Subdivision 3, obtained the concurrence of the relevant Ministers to the carrying out of the activity or the granting of approval. > > > (4) In deciding whether or not concurrence should be granted under this section, the relevant Ministers must take into consideration— > > > > > (a) 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 > > > > > (b) the permissible uses of the area concerned under the regulations or the management rules, and > > > > > (c) if a management plan for the marine park or aquatic reserve has been made, the objectives of the marine park or aquatic reserve, and > > > > > (d) any relevant marine park or aquatic reserve notifications. > > > (5) The provisions of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), section 4.13(8), (9), (10) and (11), and the regulations under that Act, apply to and in respect of a requirement under this section to obtain the concurrence of the relevant Ministers in the same way as they apply to a requirement to obtain concurrence imposed on a consent authority by an environmental planning instrument under that Act. > > > (6) For the purposes of applying those provisions, a reference in those provisions to the matters stated pursuant to the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), section 3.18(3) (however expressed) is to be read as a reference to the purposes of marine parks or aquatic reserves and the permissible uses of the area concerned under the regulations. > > > (7) In this section— > > > > activity has the same meaning as in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), Division 5.1. > > **s 55:** Am 2024 No 47, Sch 1.19\[4\]–\[8\].