sec.121Reasons for declaring restricted access area

### sec.121 Reasons for declaring restricted access area The chief executive may declare a marine park or a part of a marine park to be a restricted access area only if the chief executive reasonably believes the declaration is necessary or desirable— to secure the safety of a person or a person’s property; or because of a cyclone or other natural disaster; or to conserve or protect the natural or cultural resources in the marine park or part, including, for example— to prevent the harassment, reduced health or injury of animals in the marine park or part; or to enable the restoration or rehabilitation of the marine park or part; or to protect a breeding area for native wildlife; or to manage a significant Aboriginal area in the marine park or part in a way that is consistent with Aboriginal tradition; or to manage a significant Torres Strait Islander area in the marine park or part in a way that is consistent with Island custom; or to protect an area having significant use and non-use values of the marine park or part; or for public health or safety; or to allow a person to conduct an authorised activity in the area effectively and efficiently, including, for example, to conduct the activity in a way that complies with— the conditions of the authority or commercial activity agreement under which the activity is authorised; and the requirements under the Act applying to the activity; or aquaculture, major works to protect infrastructure or equipment for a service in the marine park or part; or a water supply facility equipment for generating power to ensure the orderly or proper management of the marine park or part. However, the chief executive can not declare a marine park, or a part of a marine park, to be a restricted access area if, in the circumstances, the area could be declared as a temporary restricted area under section 95 of the Act . In this section— authorised activity means an activity authorised under an authority or commercial activity agreement. significant Aboriginal area see the Aboriginal Cultural Heritage Act 2003 , section 9 . significant Torres Strait Islander area see the Torres Strait Islander Cultural Heritage Act 2003 , section 9 . s 121 amd 2024 SL No. 25 s 23 (sec.121-ssec.1) The chief executive may declare a marine park or a part of a marine park to be a restricted access area only if the chief executive reasonably believes the declaration is necessary or desirable— to secure the safety of a person or a person’s property; or because of a cyclone or other natural disaster; or to conserve or protect the natural or cultural resources in the marine park or part, including, for example— to prevent the harassment, reduced health or injury of animals in the marine park or part; or to enable the restoration or rehabilitation of the marine park or part; or to protect a breeding area for native wildlife; or to manage a significant Aboriginal area in the marine park or part in a way that is consistent with Aboriginal tradition; or to manage a significant Torres Strait Islander area in the marine park or part in a way that is consistent with Island custom; or to protect an area having significant use and non-use values of the marine park or part; or for public health or safety; or to allow a person to conduct an authorised activity in the area effectively and efficiently, including, for example, to conduct the activity in a way that complies with— the conditions of the authority or commercial activity agreement under which the activity is authorised; and the requirements under the Act applying to the activity; or aquaculture, major works to protect infrastructure or equipment for a service in the marine park or part; or a water supply facility equipment for generating power to ensure the orderly or proper management of the marine park or part. (sec.121-ssec.2) However, the chief executive can not declare a marine park, or a part of a marine park, to be a restricted access area if, in the circumstances, the area could be declared as a temporary restricted area under section 95 of the Act . (sec.121-ssec.3) In this section— authorised activity means an activity authorised under an authority or commercial activity agreement. significant Aboriginal area see the Aboriginal Cultural Heritage Act 2003 , section 9 . significant Torres Strait Islander area see the Torres Strait Islander Cultural Heritage Act 2003 , section 9 . - (a) to secure the safety of a person or a person’s property; or - (b) because of a cyclone or other natural disaster; or - (c) to conserve or protect the natural or cultural resources in the marine park or part, including, for example— (i) to prevent the harassment, reduced health or injury of animals in the marine park or part; or (ii) to enable the restoration or rehabilitation of the marine park or part; or (iii) to protect a breeding area for native wildlife; or (iv) to manage a significant Aboriginal area in the marine park or part in a way that is consistent with Aboriginal tradition; or (v) to manage a significant Torres Strait Islander area in the marine park or part in a way that is consistent with Island custom; or - (i) to prevent the harassment, reduced health or injury of animals in the marine park or part; or - (ii) to enable the restoration or rehabilitation of the marine park or part; or - (iii) to protect a breeding area for native wildlife; or - (iv) to manage a significant Aboriginal area in the marine park or part in a way that is consistent with Aboriginal tradition; or - (v) to manage a significant Torres Strait Islander area in the marine park or part in a way that is consistent with Island custom; or - (d) to protect an area having significant use and non-use values of the marine park or part; or - (e) for public health or safety; or - (f) to allow a person to conduct an authorised activity in the area effectively and efficiently, including, for example, to conduct the activity in a way that complies with— (i) the conditions of the authority or commercial activity agreement under which the activity is authorised; and (ii) the requirements under the Act applying to the activity; or Examples of activities for which an area may need to be declared to be a restricted access area to allow the activity to be conducted effectively and efficiently— aquaculture, major works - (i) the conditions of the authority or commercial activity agreement under which the activity is authorised; and - (ii) the requirements under the Act applying to the activity; or - (g) to protect infrastructure or equipment for a service in the marine park or part; or Example of infrastructure— a water supply facility Example of equipment for a service— equipment for generating power - (h) to ensure the orderly or proper management of the marine park or part. - (i) to prevent the harassment, reduced health or injury of animals in the marine park or part; or - (ii) to enable the restoration or rehabilitation of the marine park or part; or - (iii) to protect a breeding area for native wildlife; or - (iv) to manage a significant Aboriginal area in the marine park or part in a way that is consistent with Aboriginal tradition; or - (v) to manage a significant Torres Strait Islander area in the marine park or part in a way that is consistent with Island custom; or - (i) the conditions of the authority or commercial activity agreement under which the activity is authorised; and - (ii) the requirements under the Act applying to the activity; or