56Development affecting marine parks and aquatic reserves—application of EPA Act

#### 56 Development affecting marine parks and aquatic reserves—application of EPA Act 56 Development affecting marine parks and aquatic reserves—application of EPA Act > > (1) In 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 on land that is in the locality of a marine park or an aquatic reserve, the consent authority must take into consideration the objects of this Act, the permissible uses of the area concerned under the regulations or the management rules and any advice given to it by the relevant Ministers about the impact on the marine park or aquatic reserve of development in the locality. > > > (2) If the consent authority is of the opinion that development proposed in the development application is likely to have an effect on the plants or animals within the marine park or aquatic reserve and their habitat, the consent authority must consult with the relevant Ministers before finally determining the application. > > > (3) A determining authority must not carry out, or grant an approval to carry out, an activity on land that is in the locality of a marine park or an aquatic reserve in purported compliance with the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), Division 5.1 unless— > > > > > (a) the determining authority has taken into consideration the purposes of marine parks or aquatic reserves, the regulations and any advice given to it by the relevant Ministers on the impact on the marine park or aquatic reserve of the carrying out of an activity in the locality, and > > > > > (b) if the determining authority is of the opinion that the proposed activity is likely to have an effect on the plants or animals within the marine park or aquatic reserve or their habitat, the determining authority has consulted with the relevant Ministers. > > **s 56:** Am 2024 No 47, Sch 1.19\[9\].