80Plans of management affecting fisheries and marine estates

#### 80 Plans of management affecting fisheries and marine estates 80 Plans of management affecting fisheries and marine estates > > (1) This section applies to a plan of management for one or more of the following— > > > > > (a) a national park, > > > > > (b) a historic site, > > > > > (c) a state conservation area, > > > > > (d) a regional park, > > > > > (e) a nature reserve, > > > > > (f) a karst conservation reserve, > > > > > (g) an Aboriginal area. > > > (1A) Before the plan of management is made or adopted by the Minister, the Secretary must refer the plan of management to— > > > > > (a) the Minister administering the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038) if the Secretary considers that the plan of management may adversely affect— > > > > > > > (i) fishing activities, or access to waterways for fishing activities, or > > > > > > > (ii) threatened species, populations or ecological communities within the meaning of the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038), or their habitats, and > > > > > (b) the Minister administering the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072) if— > > > > > > > (i) the plan of management applies to a marine park or aquatic reserve, or > > > > > > > (ii) the land to which the plan of management applies adjoins a marine park or aquatic reserve. > > > (1B) A referral to the Minister administering this Act under subsection (1A)(b) is not required if the Minister administers a part of the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072). > > > (2) A plan of management referred under subsection (1A)— > > > > > (a) shall not be adopted, amended, altered or cancelled by the Minister in so far as it relates to Crown lands within the meaning of paragraph (a) of the definition of Crown lands in section 5 (1) (other than Crown lands to which paragraph (b) of this subsection applies), until the Minister has considered any representations made with respect to the plan of management by the Minister administering the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038) or the Minister administering the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072), and > > > > > (b) shall not be adopted, amended, altered or cancelled by the Minister in so far as it directly relates to the intertidal zone or Crown lands within the meaning of paragraph (b) of the definition of Crown lands in section 5 (1), without the concurrence in writing of the Minister administering the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038) or the Minister administering the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072). > > > (3) In this section— > > > > aquatic reserve has the same meaning as in the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072). > > > > fishing activity has the same meaning as in the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038). > > > > marine park has the same meaning as in the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072). > > > > waterway includes a stream, creek, river, estuary, intertidal area, lake, reservoir and dam. > > **s 80:** Am 1983 No 183, Schs 2 (11), 3 (28); 1989 No 84, Sch 1 (4); 1991 No 55, Sch 1 (11); 1994 No 38, Sch 8; 1996 No 58, Sch 1 \[36\]; 2001 No 130, Sch 1 \[59\] \[60\] \[73\] \[149\]; 2024 No 42, Sch 1\[8\]–\[12\].