Animals, Environment and Nuisance Amendment Local Law 2018
680GOVERNMENT GAZETTE, WA 2 March 2018
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680 GOVERNMENT GAZETTE, WA 2 March 2018 high water mark means the ordinary (mean of) high water mark at spring tides as defined in the Land Administration Act 1997 section 3(1); low water mark means the ordinary low water mark at spring tides; Montebello Islands Marine Park means the part of Western Australian waters reserved as Montebello Islands Marine Park, under section 13 of the Act, and classified as Class A by the Montebello Islands Marine Park Order 2004, published in the Gazette of 10 December 2004; Table 2 means ‘Table 2: Uses permitted in each zone of the Montebello Islands Marine Park and Barrow Island Marine Park’, set out in the approved management plan; Western Australian waters has the meaning given to that term in section 13(8) of the Act. (2) All geographic coordinates are expressed in terms of the Geocentric Datum of Australia 1994 (GDA 94). 3. Classification of recreation areas All waters of the Montebello Islands Marine Park described in Schedule 2 are classified under section 62(1a)(a) of the Act as recreation areas. 4. Classification of general use area All waters of the Montebello Islands Marine Park described in Schedule 4 are classified under section 62(1a)(b) of the Act as general use area. 5. Classification of sanctuary areas All waters of the Montebello Islands Marine Park described in Schedule 1 are classified under section 62(1a)(c) of the Act as sanctuary areas. 6. Classification of special purpose areas All waters of the Montebello Islands Marine Park described in Schedule 3 are classified under section 62(1a)(d) of the Act as special purpose areas. 7. Declaration of certain types of recreational fishing as incompatible with another specified recreational purpose in recreation areas Under section 13B(3A)(b) of the Act, recreational fishing of the types described in Table 2 as recreational set and haul netting, recreational aquarium and specimen collecting, and charter vessel fishing (other than unguided recreational fishing by customers of charter operators) are declared to be incompatible with the recreational purpose of providing opportunities for existing recreational activities and commercial non-extractive tourism activities including recreational fishing, for the areas classified as recreation areas under clause 3 and described in Schedule 2 item 1 Stephenson Channel Recreation Zone, and item 2 Southern Montebellos Recreation Zone. 8. Declaration of aquaculture as incompatible with a specified conservation purpose in certain special purpose areas Under section 13B(3B)(a) of the Act, aquaculture is declared to be incompatible with the conservation purpose of providing protection to deep water habitat, including complex bathymetry with high habitat diversity, for the area classified as special purpose area under clause 6 and described in Schedule 3 item 1 Northern Montebellos Special Purpose Zone (benthic protection). 9. Declaration of certain types of commercial fishing as incompatible with a specified conservation purpose of certain special purpose areas Under section 13B(3B)(c) of the Act, commercial fishing of the types described in Table 2 as commercial beche de mer fishing, commercial trap fishing, commercial long line, commercial beach seine, commercial wetlining (other than trolling), commercial prawn trawling, commercial crabbing, commercial aquarium collecting, commercial collection of coral, ‘live’ sand and ‘live’ rock, and commercial specimen shell collecting are declared to be incompatible with the conservation purpose of providing protection to deep water habitat, including complex bathymetry with high habitat diversity, for the area classified as special purpose area under clause 6 and described in Schedule 3 item 1 Northern Montebellos Special Purpose Zone (benthic protection). 10. Declaration of certain types of commercial fishing as incompatible with a specified Under section 13B(3B)(c) of the Act, commercial fishing of the types described in Table 2 as commercial trap fishing, commercial long line, commercial beach seine, commercial wetlining, commercial prawn trawling, commercial crabbing and commercial collection of coral, ‘live’ sand and ‘live’ rock are declared to be incompatible with the conservation purpose of providing protection to subtidal silt and sand habitats which support rich and diverse fauna, and the excellent sediment and water quality, for the areas classified as special purpose areas under clause 6 and described in Schedule 3 items 2-12 Site A Special Purpose Zone (pearling), Site B Special Purpose Zone (pearling), Site C Special Purpose Zone (pearling), Site D Special Purpose Zone (pearling), Site G Special Purpose Zone (pearling), Site H Special Purpose Zone (pearling), Site I Special Purpose Zone (pearling), Site J Special Purpose Zone (pearling), Site O Special Purpose Zone (pearling), Site P Special Purpose Zone (pearling), Claret Bay Special Purpose Zone (pearling). 11. Declaration of certain types of recreational fishing as incompatible with a specified Under section 13B(3B)(e) of the Act, recreational fishing of the types described in Table 2 as recreational rock lobster fishing, recreational line fishing (other than trolling), recreational set and