This regulation sets the rules for Batemans Marine Park by dividing it into sanctuary, habitat protection, general use and special purpose zones and specifying what activities are permitted or prohibited in each. It lists allowed fishing methods and species, aquaculture limits, vessel and vehicle rules, and offences (commonly up to 100 penalty units) while allowing specific exemptions by joint ministerial consent. It affects recreational and commercial fishers, aquaculture operators, vessel users, local authorities and Aboriginal traditional users by changing legal permissions, compliance duties and enforcement outcomes.
The Marine Estate Management (Management Rules) Regulation 1999 (NSW) establishes and gives effect to the management rules for six of New South Wales's marine parks. It defines the zones within each park, sets out the objects of each zone type, and specifies what activities are prohibited, permitted, or require Ministerial consent in each zone. The Regulation is made under the Marine Estate Management Act 2014 (NSW) ("the Act") and applies subject to that Act, the Fisheries Management Act 1994 (NSW), and the National Parks and Wildlife Act 1974 (NSW).
Part 1 sets out general provisions applicable to all marine parks, including definitions, zone objects, and the prohibitions and permissions that apply in each zone type. Parts 2 to 7 contain park-specific management rules for the Solitary Islands, Jervis Bay, Lord Howe Island, Cape Byron, Port Stephens-Great Lakes, and Batemans marine parks respectively.
Main concepts
Marine park zoning. Each marine park is divided into zones. The zone types, and their objects, are defined in Division 2 of Part 1. There are four standard zone types:
Sanctuary zone (clause 1.7): The highest level of protection. The objects are to protect biological diversity, habitat, ecological processes, natural features and cultural features (both Aboriginal and non-Aboriginal), while permitting recreational, educational and non-harming activities and scientific research where consistent with protection.
Current sections
Direct links to the current provisions in Marine Estate Management (Management Rules) Regulation 1999.
32
Part 1
General provisions relating to management rules
Part 1 General provisions relating to management rules
Part 1 General provisions relating to management rules
pt 1, hdg: Ins 2009 (416), Sch 2 [2]. Am 2014 (848), Sch 2 [1].
In addition to the provisions set out in this Regulation, Division 6 of Part 5 of the Act also provides for the regulation of development and activities in a marine park or an aquatic reserve. Those provisions apply in respect of development or activities that are subject to Part 4 or 5 of the Environmental Planning and Assessment Act 1979. The provisions require the objects and permissible uses of a zone to be taken into consideration before any development application for the carrying out of development in a marine park or an aquatic reserve is determined under Part 4 of that Act or any activity under Part 5 of that Act is carried out or approved. They also require consultation with or the concurrence of the relevant Ministers.
pt 1, div 2, note: Am 2014 (848), Sch 2 [9] [10].
pt.1-div.2-sdiv.1
Management rules and zone objects
pt.1-div.2-sdiv.1 Management rules and zone objects
Subdivision 1 Management rules and zone objects
pt 1, div 2, sdiv 1, hdg: Ins 2009 (416), Sch 2 [8]. Am 2014 (848), Sch 2 [11].
pt.1-div.2-sdiv.2
Sanctuary zone
pt.1-div.2-sdiv.2 Sanctuary zone
Subdivision 2 Sanctuary zone
pt 1, div 2, sdiv 2, hdg: Ins 2009 (416), Sch 2 [8].
pt.1-div.2-sdiv.3
Habitat protection zone
pt.1-div.2-sdiv.3 Habitat protection zone
Subdivision 3 Habitat protection zone
pt 1, div 2, sdiv 3, hdg: Ins 2009 (416), Sch 2 [10].
pt.1-div.2-sdiv.4
General use zone
pt.1-div.2-sdiv.4 General use zone
Subdivision 4 General use zone
pt 1, div 2, sdiv 4, hdg: Ins 2009 (416), Sch 2 [14].
pt.1-div.2-sdiv.5
Special purpose zone
pt.1-div.2-sdiv.5 Special purpose zone
Subdivision 5 Special purpose zone
pt 1, div 2, sdiv 5, hdg: Ins 2009 (416), Sch 2 [16].
Division 3
Regulation of activities
Division 3 Regulation of activities
Division 3 Regulation of activities
pt 1, div 3, hdg: Ins 2009 (416), Sch 2 [18].
Division 4
Miscellaneous
Division 4 Miscellaneous
Division 4 Miscellaneous
pt 1, div 4, hdg: Ins 2009 (416), Sch 2 [21].
Part 2
Solitary Islands Marine Park Management Rules
Part 2 Solitary Islands Marine Park Management Rules
Part 2 Solitary Islands Marine Park Management Rules
The GPS coordinates used to describe the boundaries of the Solitary Islands Marine Park in Part 2 of Schedule 4 to the Marine Parks Act 1997 (immediately before its repeal) are in datum AGD 66. The GPS coordinates used to describe the boundaries of the zones of the marine park in this Part are in datum WGS 84, which is the datum more commonly used by marine park users.
(a) nets—spanner crab net, scoop net (prawns), landing net, push or scissors net (prawns), hoop or lift net, submersible lift net (bait), purse seine net,
The GPS coordinates used to describe the boundaries of the Jervis Bay Marine Park in Part 1 of Schedule 4 to the Marine Parks Act 1997 (immediately before its repeal) are in datum AGD 66. The GPS coordinates used to describe the boundaries of the zones of the marine park in this Part are in datum WGS 84, which is the datum more commonly used by marine park users.
The GPS co-ordinates used in this Part to describe the boundaries of the zones of the Lord Howe Island Marine Park and other areas are given in degrees and decimal minutes using the GDA94 datum.
Map 1 of the maps set out in Division 10 provides an overview of the zones in the Lord Howe Island Marine Park.
Lord Howe Island Lagoon means that part of the marine park that is bounded by the mean high water mark on the western coast of Lord Howe Island and the line of partially emergent reefs that lie between North Head and Little Island.
marine park means the Lord Howe Island Marine Park, as described in Part 3 of Schedule 4 to the Marine Parks Act 1997 (immediately before its repeal).
The GPS coordinates used in this Part to describe the boundaries of the zones of the Cape Byron Marine Park are given in degrees and decimal minutes using the Geocentric Datum of Australia 1994 (GDA 94).
landing net has the same meaning as it has in clause 1.17 of this Regulation.
map means a map set out in Division 10.
marine park means the Cape Byron Marine Park as described in Part 2 of the Proclamation made under sections 6 and 7 of the Marine Parks Act 1997 (immediately before its repeal) and published in Gazette No 189 on 25 October 2002 at page 9060.
regulatory authority means each of the following—
(a) the council of an area (within the meaning of the Local Government Act 1993) that adjoins the marine park,
(b) the Department of Primary Industries,
(c) the Department of Environment and Conservation,
(d) the Department of Planning,
(e) the NSW Police Force,
(f) the Waterways Authority,
(g) the Department of Lands.
scoop net has the same meaning as it has in clause 1.17 of this Regulation.
spear gun includes a spear, bow and arrow or other similar device.
table means a table set out in Division 11.
tidal lands means any area of land that is covered from time to time by tidal waters, and that is above the lowest astronomical tide level.
tidal waters means any area of waters of the sea or subject to tidal influence.
The GPS coordinates used in this Part to describe the boundaries of the zones of the Port Stephens–Great Lakes Marine Park are given in degrees and decimal minutes using the Geocentric Datum of Australia 1994 (GDA 94).
marine park means the Port Stephens–Great Lakes Marine Park described in Part 2 of the Proclamation made under sections 6 and 7 of the Marine Parks Act 1997 (immediately before its repeal) and published in Gazette No 147 on 1 December 2005 at page 9851 (as varied by the Proclamation made under section 9 of the Marine Parks Act 1997 (immediately before its repeal) and published in Gazette No 63 on 12 May 2006 at page 3016).
oyster depuration means the extraction of seawater from the waters of the marine park, the discharge of seawater into the waters of the marine park and the conveyance of seawater across tidal waters or tidal lands of the marine park by way of depuration lines for the purposes of depuration of oysters.
regulatory authority means each of the following—
(a) the council of an area (within the meaning of the Local Government Act 1993) that adjoins the marine park,
(b) the Department of Primary Industries,
(c) the Department of Environment and Conservation,
(d) the Department of Planning,
(e) the NSW Police Force,
(f) the Maritime Authority of NSW,
(g) the Department of Lands.
spear gun includes a spear, bow and arrow or other similar device.
table means a table set out in Division 9.
tidal lands means any area of land that is covered from time to time by tidal waters, and that is above the lowest astronomical tide level.
tidal waters means any area of waters of the sea or subject to tidal influence.
(2) In this Part, a reference to a net, line or trap that is also referred to in the Fisheries Management (General) Regulation 2002 is a reference to that net, line or trap within the meaning of that Regulation.
The GPS coordinates used in this Part to describe the boundaries of the zones of the Batemans Marine Park are given in degrees and decimal minutes using the Geocentric Datum of Australia 1994 (GDA 94).
marine park means the Batemans Marine Park as described in Part 2 of the Proclamation made under sections 6 and 7 of the Marine Parks Act 1997 (immediately before its repeal) and published in Gazette No 49 on 7 April 2006 at page 2021.
oyster depuration means the extraction of seawater from the waters of the marine park, the discharge of seawater into the waters of the marine park and the conveyance of seawater across tidal waters or tidal lands of the marine park by way of depuration lines.
regulatory authority means each of the following—
(a) the council of an area (within the meaning of the Local Government Act 1993) that adjoins the marine park,
(b) the Department of Primary Industries,
(c) the Department of Environment and Conservation,
(d) the Department of Planning,
(e) NSW Police,
(f) the Maritime Authority of NSW,
(g) the Department of Lands.
spear gun includes a spear, bow and arrow or other similar device.
table means a table set out in Division 10.
tidal lands means any area of land that is covered from time to time by tidal waters, and that is above the lowest astronomical tide level.
tidal waters means any area of waters of the sea or subject to tidal influence.
(2) In this Part, a reference to a line, net, trap or other method that is also referred to in the Fisheries Management (General) Regulation 2002 is a reference to that line, net, trap or method within the meaning of that Regulation.
aquaculture has the same meaning as in section 142 of the Fisheries Management Act 1994.
bait means any animal or plant, or part of any animal or plant, rigged on a fishing hook but does not include an artificial lure or artificial fly.
clean a fish includes to remove or discard part of a fish.
commercial fisher has the same meaning as in the Fisheries Management Act 1994.
commercial fishing means taking, or attempting to take, fish for sale.
domesticated animal includes a pet.
exotic animal, in relation to a marine park, means any living animal that is not indigenous to the marine park.
exotic plant, in relation to a marine park, means any plant (whether or not living) that is not indigenous to the marine park, but does not include food for human consumption.
fish has the same meaning as in section 5 of the Fisheries Management Act 1994.
Note—
Under the Fisheries Management Act 1994, fish means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead), including oysters and other aquatic molluscs, crustaceans, echinoderms, beachworms and other aquatic polychaetes.
Habitat protection zone (clause 1.8): A high level of protection for biodiversity and habitat, while permitting ecologically sustainable recreational and commercial activities including fishing, so long as they do not have a significant impact on fish populations or other animals, plants or habitats.
General use zone (clause 1.9): Protection for biodiversity and habitat while permitting ecologically sustainable activities including fishing.
Special purpose zone (clause 1.10): Management of biodiversity and natural and cultural features where they warrant special management, and catering for special facilities such as slipways, breakwaters, berthing facilities and shipwrecks.
Harm. Defined in clause 1.3: in relation to an animal, "harm" means to take, interfere with, injure or otherwise harm the animal; in relation to a plant, it means to gather, cut, pull up, destroy, poison, dig up, remove, injure or otherwise harm the plant or any part of it. "Take an animal" includes catching, capturing or killing, gathering or collecting, or removing from rock or other matter (clause 1.3).
Serious offence and forfeiture offence. Contravention of the sanctuary zone protection clause (clause 1.11(1)) is designated a "serious offence" under section 41 of the Act, carrying a maximum penalty of 500 penalty units for an individual (or 1,000 for a corporation). Contraventions of certain habitat protection zone and general use zone prohibitions are designated "forfeiture offences" under section 67 of the Act.
Permit. A permit under Part 2 of the Marine Estate Management Regulation 2017 is a separate instrument that may authorise activities in a marine park that would otherwise be prohibited (definition in clause 1.3).
Traditional use. Defined in clause 1.3 as a use that satisfies personal, domestic or non-commercial communal needs of Aboriginal people. Traditional use is one of the limited grounds on which Ministerial consent may be given for otherwise prohibited activities in sanctuary and habitat protection zones.
Who it affects
Recreational fishers. Recreational fishing is the most common activity affected. In sanctuary zones, no fishing of any kind is permitted without Ministerial consent. In habitat protection zones, fishing is limited to hand line, rod and line, by hand, by scoop net, landing net, or spear/spear gun. In general use zones, broader fishing activities are permitted but some methods may be restricted by park-specific rules.
Commercial fishers. Commercial fishing in sanctuary zones is prohibited. In habitat protection zones, commercial fishing may be permitted where ecologically sustainable and without significant impact on fish populations, but only with consent. In general use zones, commercial fishing is generally permitted but subject to the applicable fisheries management laws.
Aquaculture operators. Aquaculture is not permissible in sanctuary zones (clause 1.12) and requires Ministerial consent in habitat protection zones (clause 1.18). The Fisheries Management Act 1994 also governs aquaculture permits.
Boaters and vessel operators. In sanctuary zones, vessels may only be anchored or moored at designated sites (clause 1.14). Fishing from a mooring in a sanctuary zone is prohibited (clause 1.15). Personal watercraft are typically regulated separately under park-specific rules in Parts 2-7.
Divers and snorkellers. Non-fishing underwater activities (observation, photography) are generally permitted in all zone types as they do not involve harming animals or plants, provided equipment such as spears or collecting bags are not used.
Researchers. Scientific research is permitted in sanctuary zones if Ministerial consent is obtained. In other zones, research is generally permitted provided it does not involve harming protected species in ways otherwise prohibited.
Aboriginal people. Traditional use (personal, domestic or non-commercial communal needs of Aboriginal people) is one of the grounds on which Ministerial consent may be given for activities in sanctuary and habitat protection zones (clause 1.11(2), clause 1.16(2)(a)). The intersection between the Regulation's prohibitions and native title rights has been litigated in NSW courts (see case-law research).
Key obligations
Sanctuary zone prohibitions (clause 1.11):
Must not harm or attempt to harm any animal
Must not harm or attempt to harm any plant
Must not damage, take or interfere with any part of the habitat (including soil, sand, shells, or other naturally occurring material)
Must not clean any fish or fishing gear
These prohibitions apply unless Ministerial consent has been obtained for research, environmental protection, public health, traditional use or public safety purposes
Habitat protection zone prohibitions (clause 1.16):
Must not harm or attempt to harm any animal other than fish
Must not harm or attempt to harm any plant
Must not damage, take or interfere with any part of the habitat
Consent is available for: research, environmental protection, public health, traditional use, public safety, or ecologically sustainable use with no significant impact on fish or other species
Habitat protection zone fishing (clause 1.17):
A person must not take fish in a habitat protection zone except by one of the permitted fishing methods (hook and hand line, by hand, scoop net, spear/spear gun, or other method permitted by the park-specific management rules)
A person must not take fish in contravention of the park-specific management rules
General use zone (clause 1.19):
Must not harm any animal (other than fish), plant, or habitat except with consent
Fishing is generally permitted but subject to the park-specific management rules and applicable fisheries laws
Vessel mooring in sanctuary zones (clause 1.14):
Must only anchor or moor at designated sites
Exception: emergency anchoring to protect life or property
Regulations apply subject to other laws (clause 1.4):
The Regulation does not authorise anything that would contravene the Fisheries Management Act 1994, National Parks and Wildlife Act 1974, or a marine park notification under section 57 of the Act
Dredging and beach replenishment in sanctuary zones (clause 1.13):
Not permitted except with Ministerial consent, which is only available to prevent serious risk of injury, damage to property or harm to the environment, or for organised research
Powers and discretions
Ministerial consent. The "relevant Ministers" (required under clause 1.5 to act jointly) have broad consent powers across all zone types. In sanctuary zones, consent may only be given for research, environmental protection, public health, traditional use, or public safety (clause 1.11(2)). In habitat protection zones, consent may also be given for ecologically sustainable uses with no significant impact on fish or other species (clause 1.16(2)). In general use zones, consent may be given for ecologically sustainable uses (clause 1.19(2)).
Park-specific rules (Parts 2-7). Each marine park's management rules in Parts 2-7 can add to or modify the general provisions in Part 1. For example, the Jervis Bay Marine Park rules (Part 3) create the Hare Bay Sanctuary Zone which was the subject of the Connolly prosecution.
Permit system. Permits under the Marine Estate Management Regulation 2017 can authorise activities that would otherwise be prohibited by this Regulation.
Penalties and enforcement
Serious offences (sanctuary zone):
Contravention of clause 1.11(1) (harm to animals, plants, or habitat in a sanctuary zone) is designated a serious offence under section 41 of the Marine Estate Management Act 2014. Maximum penalty:
Individual: 500 penalty units
Corporation: 1,000 penalty units
Forfeiture offences (habitat protection and general use zones):
Contraventions of clauses 1.16(1) (habitat protection zone) and 1.19(1) (general use zone) are designated forfeiture offences under section 67 of the Act. The forfeiture offence mechanism allows the court to order forfeiture of equipment used in the offence.
Maximum penalty 100 penalty units:
Specific offences including anchoring or mooring in unauthorised locations in sanctuary zones (clause 1.14), fishing from moorings in sanctuary zones (clause 1.15), fishing by prohibited methods in habitat protection zones (clause 1.17), and dredging in sanctuary zones (clause 1.13).
Process and timelines
Ministerial consent process: No prescribed time period or formal process is specified in the Regulation. Applications for consent are made to the relevant Ministers, who must act jointly (clause 1.5(2)).
Zone classification: The management rules for each park (Parts 2-7) specify the geographical boundaries of each zone. Changes to zone boundaries require amendment of the Regulation.
Compliance with fisheries management: The Regulation operates alongside (not in replacement of) the fisheries management licensing regime. Taking fish in permitted zones still requires compliance with applicable Fisheries Management Act licences, endorsements, and bag limits.
Interactions with other law
Marine Estate Management Act 2014 (NSW). The parent legislation. Section 41 of the Act creates the framework for serious offences by designating regulatory contraventions as serious or forfeiture offences. Section 65 provides that the Regulation operates in addition to other Acts. Division 6 of Part 5 of the Act requires consideration of marine park zone objects in environmental planning decisions under the Environmental Planning and Assessment Act 1979.
Fisheries Management Act 1994 (NSW). Clause 1.4 makes clear that the Regulation operates subject to the Fisheries Management Act. Commercial fishing licences and endorsements issued under the FM Act are still required even where the Regulation permits fishing in a zone. Key definitions (fish, aquaculture, commercial fisher) are borrowed from the FM Act.
National Parks and Wildlife Act 1974 (NSW). Clause 1.4 also makes clear that nothing in the Regulation authorises conduct that would breach the NPWA or regulations under it. Animals that are threatened species under the NPWA retain their protection even in general use zones where some fishing is permitted.
Environmental Planning and Assessment Act 1979 (NSW). Division 6 of Part 5 of the Marine Estate Management Act requires marine park zone objects to be considered in EP&A Act development assessment and activity approvals.
Native Title Act 1993 (Cth). Native title rights of Aboriginal people to take fish for traditional, domestic, or non-commercial communal purposes are a relevant consideration in prosecutions under the Regulation. The Connolly decision (NSWLC 2022) addressed the issue of whether fishing in a sanctuary zone could be defended on the basis of native title rights.
Babington v Commonwealth (2016) -- Fisheries Management (Abalone Share Management Plan) Regulation 2000. The Full Federal Court considered the validity of the NSW marine estate regulatory framework, including the Marine Estate Management Act, in the context of a constitutional challenge to abalone fishing restrictions.
Gotchas
Sanctuary zone prohibition is absolute for fish too. The prohibition in clause 1.11(1)(a) covers "any animal," which includes fish (as defined in the Act). Anglers who enter a sanctuary zone to fish commit a serious offence even if they are experienced recreational fishers unaware that the zone boundary extends to that location. Ignorance of zone boundaries is not a defence.
"Clean a fish" is prohibited in sanctuary zones. Clause 1.11(1)(d) specifically prohibits cleaning fish or fishing gear in a sanctuary zone. A fisher who catches a fish in the adjacent general use zone and then moves into the sanctuary zone to clean it on the rocks commits a serious offence.
Habitat protection zones permit limited fishing but not all fishing methods. Clause 1.17 permits hand line, rod, spear, and hand collection in habitat protection zones, but the park-specific management rules in Parts 2-7 may restrict these further. A fisher using a set line (nets pegged to the bottom) in a habitat protection zone would likely be committing an offence even if set lines are permitted in adjacent coastal waters.
Traditional use consent does not provide a general exception. Even for Aboriginal people with traditional connections to a marine park, activities otherwise prohibited in sanctuary zones require Ministerial consent (clause 1.11(2)). The Regulation provides that consent can be given for "traditional use," but this is a discretionary Ministerial power, not an automatic right. The native title defence available under the Fisheries Management Act's section 211 provisions has its own requirements (as discussed in the Connolly case).
Zones may not adjoin in a legally meaningful way. Clause 1.3(2) provides that a zone does not "adjoin" another zone if the zones only share a single corner point. This prevents gaps or overlaps in zone coverage from creating ambiguity about what zone a location falls in.
The Regulation applies subject to other laws -- in both directions. Clause 1.4 means that the Regulation cannot be used to authorise conduct that is prohibited by the Fisheries Management Act or the National Parks and Wildlife Act, even if the zone otherwise permits the activity. Conversely, activities permitted by the Regulation must still comply with those other laws.
Practical examples
Example 1: Recreational fishing in Jervis Bay Marine Park. A recreational fisher wants to fish in the waters off the Beecroft Peninsula in the Jervis Bay Marine Park. Under Part 3, the Hare Bay area is classified as a sanctuary zone (the Hare Bay Sanctuary Zone). Fishing of any kind in that area is prohibited under clause 1.11(1). The fisher must check the zone map before entering the water.
Example 2: Abalone diver in habitat protection zone. A diver wishes to collect abalone in a habitat protection zone of the Solitary Islands Marine Park (Part 2). "Taking" an abalone is taking an animal. Because abalone is a fish under the Fisheries Management Act 1994 definition (it is an aquatic animal including molluscs), it falls within the carve-out in clause 1.16(1)(a) (harm to animals "other than fish"). However, the diver must still comply with any fisheries management restrictions on bag limits and closures under the FM Act.
Example 3: Aquaculture operator. A shellfish farmer holds an aquaculture lease over an area of the Port Stephens-Great Lakes Marine Park. If the lease area falls in the sanctuary zone, aquaculture is not permissible (clause 1.12). If it falls in the habitat protection zone, aquaculture requires Ministerial consent (clause 1.18).
Example 4: Aboriginal person fishing in a sanctuary zone. An Aboriginal person with a traditional connection to the Jervis Bay area wishes to take fish for personal consumption from within the Hare Bay Sanctuary Zone, claiming it is a traditional use. This does not give an automatic right to take fish. Ministerial consent would be required under clause 1.11(2), and the traditional use ground for consent applies only to personal, domestic, or non-commercial communal needs (clause 1.3 definition). Commercial fishing cannot be characterised as a traditional use under the Regulation. The native title defence under section 211 of the Native Title Act is also available but has its own requirements, as considered in the Connolly case.
Example 5: Research vessel anchoring in sanctuary zone. A marine research vessel wishes to anchor in the sanctuary zone of the Cape Byron Marine Park (Part 5) to conduct underwater surveys. Anchoring at an undesignated location is prohibited by clause 1.14. The researchers must either use a designated mooring or anchorage (if any), or obtain Ministerial consent for the research activity which could also cover mooring at a non-designated location.
general use zone means an area in a marine park that is classified by the management rules for the marine park as a general use zone.
habitat means any area occupied, or periodically or occasionally occupied, by animals or plants (or both), and includes any biotic or abiotic component.
habitat protection zone means an area in a marine park that is classified by the management rules for the marine park as a habitat protection zone.
harm means—
(a) in the case of any animal—take, interfere with, injure or otherwise harm the animal, or
(b) in the case of a plant—gather, cut, pull up, destroy, poison, dig up, remove, injure or otherwise harm the plant (or any part of it).
moor a vessel includes attach the vessel to a mooring by any means.
mooring means any post, stake, pile, float, pontoon or any other object (other than a vessel’s anchor that is retrieved by the vessel when not in use) secured by any direct or indirect means to the waters’ bed for the purpose of attaching a vessel to the bed.
permit means a permit under Part 2 of the Marine Estate Management Regulation 2017.
personal watercraft means a power-driven vessel that—
(a) has a fully enclosed hull, and
(b) does not retain water taken on if it capsizes, and
(c) is designed to be operated by a person standing, sitting astride or kneeling on the vessel but not seated within the vessel.
recreational fishing means taking, or attempting to take, fish otherwise than for sale.
sanctuary zone means an area in a marine park that is classified by the management rules for the marine park as a sanctuary zone.
set line has the same meaning as it has in the Fisheries Management (General) Regulation 2002.
special purpose zone means an area in a marine park that is classified by the management rules for the marine park as a special purpose zone.
take an animal includes—
(a) catch, capture or kill an animal, or
(b) gather or collect an animal, or
(c) remove an animal from any rock or other matter.
the Act means the Marine Estate Management Act 2014.
traditional use means a use that satisfies personal, domestic or non-commercial communal needs of Aboriginal people.
vessel has the same meaning as it has in the Marine Safety Act 1998.
Note—
Certain words and terms used in this Regulation are defined in the Act and accordingly have the same meaning as in the Act. These include the following—
animal means any animal-life (other than human), whether vertebrate or invertebrate and in any stage of biological development, and includes a dead animal.
plant means any plant-life, whether vascular or non-vascular and in any stage of biological development, and includes fungi, lichens and dead plants.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
(2) For the purposes of Parts 2–7, a zone of a marine park does not adjoin another zone of the marine park if the zone only has a single corner point on its boundary that is common to the boundary of the other zone.
(3) Notes included in this Regulation do not form part of this Regulation.
1.4 Regulation applies subject to other legislation
(1) This Regulation has effect subject to section 65 of the Act.
Note—
Section 65 of the Act provides that any requirements made by or under Part 5 of the Act are in addition to any requirement in any other Act or statutory instrument, such as requirements under the Fisheries Management Act 1994 and the National Parks and Wildlife Act 1974.
(2) Nothing in this Regulation is to be construed as authorising the harming of any particular species of plant or fish, or the harming of any plants or fish by a particular method, in contravention of the Fisheries Management Act 1994, the National Parks and Wildlife Act 1974 or statutory instruments made under those Acts.
(3) In addition, nothing in this Regulation is to be construed as authorising the carrying out of any activity in contravention of a marine park notification or aquatic reserve notification under section 57 of the Act.
(2) If a provision of this Regulation requires or authorises the relevant Ministers to take any action or decide any matter, the provision is taken only to require or authorise the relevant Ministers to take the action jointly or decide the matter jointly.
In addition to the provisions set out in this Regulation, Division 6 of Part 5 of the Act also provides for the regulation of development and activities in a marine park or an aquatic reserve. Those provisions apply in respect of development or activities that are subject to Part 4 or 5 of the Environmental Planning and Assessment Act 1979. The provisions require the objects and permissible uses of a zone to be taken into consideration before any development application for the carrying out of development in a marine park or an aquatic reserve is determined under Part 4 of that Act or any activity under Part 5 of that Act is carried out or approved. They also require consultation with or the concurrence of the relevant Ministers.
pt 1, div 2, note: Am 2014 (848), Sch 2 [9] [10].
pt.1-div.2-sdiv.1 Management rules and zone objects
pt.1-div.2-sdiv.1 Management rules and zone objects
Subdivision 1 Management rules and zone objects
pt 1, div 2, sdiv 1, hdg: Ins 2009 (416), Sch 2 [8]. Am 2014 (848), Sch 2 [11].
1 Management rules
1 Management rules
1.6 Management rules
(1) The following Parts set out the management rules for each of the following marine parks—
(a) Part 2—Solitary Islands Marine Park,
(b) Part 3—Jervis Bay Marine Park,
(c) Part 4—Lord Howe Island Marine Park,
(d) Part 5—Cape Byron Marine Park,
(e) Part 6—Port Stephens–Great Lakes Marine Park,
(f) Part 7—Batemans Marine Park.
(2) The management rules for a marine park may include any number of sanctuary, habitat protection, general use and special purpose zones.
cl 1.6: Ins 2009 (416), Sch 2 [8]. Am 2014 (848), Sch 2 [12] [13].
1 Objects of sanctuary zone
1 Objects of sanctuary zone
1.7 Objects of sanctuary zone
The objects of the sanctuary zone are—
(a) to provide the highest level of protection for biological diversity, habitat, ecological processes, natural features and cultural features (both Aboriginal and non-Aboriginal) in the zone, and
(b) where consistent with paragraph (a), to provide opportunities for the following activities in the zone—
(i) recreational, educational and other activities that do not involve harming any animal or plant or causing any damage to or interference with natural or cultural features or any habitat,
(a) to provide a high level of protection for biological diversity, habitat, ecological processes, natural features and cultural features (both Aboriginal and non-Aboriginal) in the zone, and
(b) where consistent with paragraph (a), to provide opportunities for recreational and commercial activities (including fishing), scientific research, educational activities and other activities, so long as they are ecologically sustainable and do not have a significant impact on any fish populations or on any other animals, plants or habitats.
(a) to provide protection for biological diversity, habitat, ecological processes, natural features and cultural features (both Aboriginal and non-Aboriginal) in the zone, and
(b) where consistent with paragraph (a), to provide opportunities for recreational and commercial activities (including fishing), scientific research, educational activities and other activities so long as they are ecologically sustainable.
(a) to provide for the management of biological diversity, habitat, ecological processes and natural and cultural features in the zone, where phenomena, sites or items in the zone warrant special management, and
(b) to cater for special facilities and features in the zone such as slipways, breakwaters, berthing facilities and shipwrecks, and
(c) such objects as may be set out in the management rules for a marine park.
pt 1, div 2, sdiv 2, hdg: Ins 2009 (416), Sch 2 [8].
1 Protection of animals, plants and habitat in sanctuary zone
1 Protection of animals, plants and habitat in sanctuary zone
1.11 Protection of animals, plants and habitat in sanctuary zone
(1) A person must not, while in the sanctuary zone of a marine park—
(a) harm, or attempt to harm, any animal, or
(b) harm, or attempt to harm, any plant, or
(c) damage, take or interfere with, or attempt to damage, take or interfere with, any part of the habitat (including soil, sand, shells or other material occurring naturally within the zone), or
(d) clean any fish or fishing gear,
except with the consent of the relevant Ministers.
(2) Consent is only to be given under subclause (1) for research, environmental protection, public health, traditional use or public safety purposes.
(3) For the purposes of section 41 of the Act, a contravention of subclause (1) is designated as a serious offence.
Aquaculture is not permissible in the sanctuary zone of a marine park.
Note—
Section 29 (2) of the Act provides that an aquaculture lease applying to any area within a marine park must not be extended or renewed (except as provided for by section 29 (3) of the Act), unless the regulations provide that aquaculture is permissible in the relevant area.
1 Dredging and beach replenishment activities not permitted in sanctuary zone
1 Dredging and beach replenishment activities not permitted in sanctuary zone
1.13 Dredging and beach replenishment activities not permitted in sanctuary zone
(1) A person must not carry out any dredging activity or beach replenishment activity in the sanctuary zone of a marine park.
Maximum penalty—100 penalty units.
(2) A person does not commit an offence against this clause if the dredging activity or beach replenishment activity is carried out with the consent of the relevant Ministers.
(3) Consent is not to be given to the carrying out of a dredging activity or beach replenishment activity in the sanctuary zone of a marine park unless the relevant Ministers are satisfied that the activity
This is an opening excerpt, not the complete document.
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