sec.165Declaration about authorised reclamation of tidal land in a marine park

### sec.165 Declaration about authorised reclamation of tidal land in a marine park To remove any doubt, it is declared that non-tidal land and waters resulting from the authorised reclamation of tidal land in a marine park completed before the commencement of this section are not, and never were, part of the park. However, for the purpose of enforcing a condition of a permission for the reclamation, the non-tidal land and waters mentioned in subsection (1) are taken to be, and to always have been, part of the park. It is also declared that non-tidal land and waters resulting from the authorised reclamation of tidal land in a marine park completed after the commencement of this section are part of the park. The declaration of non-tidal land and waters as part of a marine park under subsection (3) may be revoked— before the commencement of section 169 —under the Marine Parks Act 1982 , section 22 as if the non-tidal land and waters were tidal land and waters set apart and declared to be the park under that Act, section 16 ; or on or after the commencement of section 169 —under part 2 , division 2 . In this section— authorised reclamation , of tidal land, means reclamation of the land in compliance with a permission issued under the Marine Parks Act 1982 . (sec.165-ssec.1) To remove any doubt, it is declared that non-tidal land and waters resulting from the authorised reclamation of tidal land in a marine park completed before the commencement of this section are not, and never were, part of the park. (sec.165-ssec.2) However, for the purpose of enforcing a condition of a permission for the reclamation, the non-tidal land and waters mentioned in subsection (1) are taken to be, and to always have been, part of the park. (sec.165-ssec.3) It is also declared that non-tidal land and waters resulting from the authorised reclamation of tidal land in a marine park completed after the commencement of this section are part of the park. (sec.165-ssec.4) The declaration of non-tidal land and waters as part of a marine park under subsection (3) may be revoked— before the commencement of section 169 —under the Marine Parks Act 1982 , section 22 as if the non-tidal land and waters were tidal land and waters set apart and declared to be the park under that Act, section 16 ; or on or after the commencement of section 169 —under part 2 , division 2 . (sec.165-ssec.5) In this section— authorised reclamation , of tidal land, means reclamation of the land in compliance with a permission issued under the Marine Parks Act 1982 . - (a) before the commencement of section 169 —under the Marine Parks Act 1982 , section 22 as if the non-tidal land and waters were tidal land and waters set apart and declared to be the park under that Act, section 16 ; or - (b) on or after the commencement of section 169 —under part 2 , division 2 .