sec.128Declaration of special activity

### sec.128 Declaration of special activity The chief executive may, by gazette notice (a special activity notice ), declare an activity to be a special activity for all or part of a marine park. However, the chief executive may act under subsection (1) — only for an activity mentioned in section 129 ; and unless section 130 does not apply—only after the consultation process mentioned in section 130 has been completed. The special activity notice must— identify the limits of the area to which the notice applies; and state the activity that is a special activity for the area; and state that, under section 132 , a person may conduct the special activity in the area only under— a permission that specifically authorises the conducting of the activity; or a commercial activity agreement that specifically authorises the conducting of the activity; and state the requirements that apply to a person— conducting the special activity in the area; or otherwise using the area while a special activity is being conducted in the area; and a requirement that a person not participating in the stated special activity must keep a stated distance away from where the activity is being conducted if requirements mentioned in paragraph (d) are stated in the notice—state that, under section 133 , a person must comply with the requirements. When the special activity notice is published in the gazette, the chief executive— must publish a copy of the notice on the department’s website; and may— publish a copy of the notice in other ways the chief executive considers appropriate; or erect or display a copy of the notice at the relevant notice points for the area of the marine park, or part of the marine park, to which the special activity notice applies. If the chief executive is satisfied the reason for making the declaration no longer exists, the chief executive must ensure the declaration is revoked as soon as practicable. (sec.128-ssec.1) The chief executive may, by gazette notice (a special activity notice ), declare an activity to be a special activity for all or part of a marine park. (sec.128-ssec.2) However, the chief executive may act under subsection (1) — only for an activity mentioned in section 129 ; and unless section 130 does not apply—only after the consultation process mentioned in section 130 has been completed. (sec.128-ssec.3) The special activity notice must— identify the limits of the area to which the notice applies; and state the activity that is a special activity for the area; and state that, under section 132 , a person may conduct the special activity in the area only under— a permission that specifically authorises the conducting of the activity; or a commercial activity agreement that specifically authorises the conducting of the activity; and state the requirements that apply to a person— conducting the special activity in the area; or otherwise using the area while a special activity is being conducted in the area; and a requirement that a person not participating in the stated special activity must keep a stated distance away from where the activity is being conducted if requirements mentioned in paragraph (d) are stated in the notice—state that, under section 133 , a person must comply with the requirements. (sec.128-ssec.4) When the special activity notice is published in the gazette, the chief executive— must publish a copy of the notice on the department’s website; and may— publish a copy of the notice in other ways the chief executive considers appropriate; or erect or display a copy of the notice at the relevant notice points for the area of the marine park, or part of the marine park, to which the special activity notice applies. (sec.128-ssec.5) If the chief executive is satisfied the reason for making the declaration no longer exists, the chief executive must ensure the declaration is revoked as soon as practicable. - (a) only for an activity mentioned in section 129 ; and - (b) unless section 130 does not apply—only after the consultation process mentioned in section 130 has been completed. - (a) identify the limits of the area to which the notice applies; and - (b) state the activity that is a special activity for the area; and - (c) state that, under section 132 , a person may conduct the special activity in the area only under— (i) a permission that specifically authorises the conducting of the activity; or (ii) a commercial activity agreement that specifically authorises the conducting of the activity; and - (i) a permission that specifically authorises the conducting of the activity; or - (ii) a commercial activity agreement that specifically authorises the conducting of the activity; and - (d) state the requirements that apply to a person— (i) conducting the special activity in the area; or (ii) otherwise using the area while a special activity is being conducted in the area; and Example of a requirement applying to persons otherwise using the area— a requirement that a person not participating in the stated special activity must keep a stated distance away from where the activity is being conducted - (i) conducting the special activity in the area; or - (ii) otherwise using the area while a special activity is being conducted in the area; and Example of a requirement applying to persons otherwise using the area— a requirement that a person not participating in the stated special activity must keep a stated distance away from where the activity is being conducted - (e) if requirements mentioned in paragraph (d) are stated in the notice—state that, under section 133 , a person must comply with the requirements. - (i) a permission that specifically authorises the conducting of the activity; or - (ii) a commercial activity agreement that specifically authorises the conducting of the activity; and - (i) conducting the special activity in the area; or - (ii) otherwise using the area while a special activity is being conducted in the area; and Example of a requirement applying to persons otherwise using the area— a requirement that a person not participating in the stated special activity must keep a stated distance away from where the activity is being conducted - (a) must publish a copy of the notice on the department’s website; and - (b) may— (i) publish a copy of the notice in other ways the chief executive considers appropriate; or (ii) erect or display a copy of the notice at the relevant notice points for the area of the marine park, or part of the marine park, to which the special activity notice applies. - (i) publish a copy of the notice in other ways the chief executive considers appropriate; or - (ii) erect or display a copy of the notice at the relevant notice points for the area of the marine park, or part of the marine park, to which the special activity notice applies. - (i) publish a copy of the notice in other ways the chief executive considers appropriate; or - (ii) erect or display a copy of the notice at the relevant notice points for the area of the marine park, or part of the marine park, to which the special activity notice applies.