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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Marine Parks (Sanctuary Zones) Amendment
Bill 2014
A BILL FOR
An Act to amend the Marine
Parks Act 2007.
Contents
Part 1—Preliminary
1Short
title
2Amendment provisions
Part 2—Amendment of Marine Parks
Act 2007
3Amendment of section 4—Meaning of
zone
4Amendment of section 14—Procedure for
making or amending management plans
5Amendment of section
63—Regulations
Schedule 1—Transitional
provisions
1Prescribed sanctuary zones
abolished
2Affected statutory authorisations
3Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Marine Parks (Sanctuary Zones) Amendment
Act 2014.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Marine Parks
Act 2007
3—Amendment
of section 4—Meaning of zone
(1) Section 4(1)—delete "For" and substitute:
Subject to subsection (5), for
(2) Section 4—after subsection (4) insert:
(5) The following provisions apply in relation to prescribed marine
parks:
(a) the management plan for a prescribed marine park—
(i) cannot define boundaries of a sanctuary zone within the prescribed
marine park if an area to be included in the sanctuary zone was, immediately
before the commencement of this subsection, a prescribed sanctuary zone or part
of a prescribed sanctuary zone; or
(ii) cannot identify an area within the prescribed marine park as a
sanctuary zone if an area to be included in the sanctuary zone was, immediately
before the commencement of this subsection, a prescribed sanctuary zone or part
of a prescribed sanctuary zone;
(b) a management plan for a prescribed marine park cannot apply
prohibitions or restrictions to an area of the prescribed marine park that was,
immediately before the commencement of this subsection, a prescribed sanctuary
zone or part of a prescribed sanctuary zone that would have the effect of
limiting activities in the area to those that would be allowed in a sanctuary
zone;
(c) to avoid doubt, a prohibition or restriction applied by the
regulations to a sanctuary zone is void and of no effect in respect of a
prescribed sanctuary zone.
Note—
See also the transitional provisions contained in the Marine
Parks (Sanctuary Zones) Amendment Act 2014.
(6) In this section—
prescribed marine park—the following marine parks are
prescribed marine parks:
(a) Nuyts Archipelago Marine Park;
(b) Investigator Marine Park;
(c) Sir Joseph Banks Group Marine Park;
(d) Neptune Islands Group (Ron and Valerie Taylor) Marine Park;
(e) Upper Gulf St Vincent Marine Park;
(f) Encounter Marine Park;
(g) Western Kangaroo Island Marine Park;
(h) a marine park established adjacent to, or incorporating, an area
currently or formerly situated within a marine park referred to in a preceding
paragraph;
(i) any other marine
park prescribed by the regulations for the purposes of this
definition;
prescribed sanctuary zone—the following areas
identified by the management plan for the relevant prescribed marine park (as in
force immediately before the commencement of this subsection) as sanctuary zones
are prescribed sanctuary zones:
(a) in relation to the Nuyts Archipelago Marine Park and its management
plan—the area defined in map 01 and referred to as SZ-1 (Nuyts Reef)
and the area defined in map 05 and referred to as SZ-8 (Isle of
St Francis);
(b) in relation to the Investigator Marine Park and its management
plan—the area defined in map 01 and referred to as SZ-2 (Pearson
Island);
(c) in relation to the Sir Joseph Banks Group Marine Park and its
management plan—the area defined in map 01 and referred to as SZ-1
(Salt Creek);
(d) in relation to the Neptune Islands Group (Ron and Valerie Taylor)
Marine Park and its management plan—the area defined in map 01 and
referred to as SZ-1 (North Neptune Islands);
(e) in relation to the Upper Gulf St Vincent Marine Park and its
management plan—the area defined in map 01 and referred to as SZ-1
(Clinton Wetlands/Port Wakefield);
(f) in relation to the Encounter Marine Park and its management
plan—the area defined in map 05 and referred to as SZ-5 (Rapid Head),
the area defined in map 06 and referred to as SZ-8 (Shoal Bay), the area
defined in map 08 and referred to as SZ-10 (Cuttlefish Bay-Cape Coutts) and
the area defined in map 09 and referred to as SZ-11 (The Pages);
(g) in relation to Western Kangaroo Island Marine Park and its management
plan—the area defined in map 01 and referred to as SZ-1 (Cape Borda)
and the area defined in map 03 and referred to as SZ-3 (Cape
de Couedic);
(h) in relation to a prescribed marine park contemplated by
paragraph (i) of the
definition of prescribed marine park—an area declared by the
regulations to be included in the ambit of this definition;
(i) an area in a prescribed marine park contiguous to an area contemplated
by a preceding paragraph.
4—Amendment
of section 14—Procedure for making or amending management
plans
Section 14(2)—delete "every 10 years" and substitute:
every—
(a) if the management plan identifies a sanctuary zone in a marine
park—2 years; or
(b) in any other case—10 years.
5—Amendment
of section 63—Regulations
Section 63(2)—after paragraph (e) insert:
or
(f) make provisions of a savings or transitional nature.
Schedule 1—Transitional
provisions
1—Prescribed
sanctuary zones abolished
(1) For the purposes of the Marine
Parks Act 2007—
(a) each prescribed sanctuary zone is abolished; and
(b) the area comprising
each prescribed sanctuary zone will, by force of this clause, be taken to be
identified as a habitat protection zone; and
(c) the definition of boundaries of a prescribed sanctuary zone will, by
force of this clause, be taken to be the boundaries of the relevant habitat
protection zone identified by
paragraph (b);
and
(d) the management plan for the relevant marine park will be taken to be
modified to the extent necessary to give effect to this clause (and any
requirements under the Marine
Parks Act 2007 in respect of the establishment or abolition of a
zone, or the making or amending of a management plan, will be taken to have been
satisfied in respect of the operation of this clause); and
(e) the Minister to whom the administration of the Marine
Parks Act 2007 is committed must take reasonable steps to ensure
that the management plan for, and any other information published in respect of,
the relevant marine park is amended to reflect the effect of this clause;
and
(f) sections 14 and 15 of the Marine
Parks Act 2007 do not apply to an amendment of a management plan
contemplated by this clause.
(2) In this clause—
prescribed sanctuary zone—the following areas
identified by the management plan for the relevant marine park (as in force
immediately before the commencement of this subsection) as sanctuary zones are
prescribed sanctuary zones:
(a) in relation to the Nuyts Archipelago Marine Park and its management
plan—the area defined in map 01 and referred to as SZ-1 (Nuyts Reef)
and the area defined in map 05 and referred to as SZ-8 (Isle of
St Francis);
(b) in relation to the Investigator Marine Park and its management
plan—the area defined in map 01 and referred to as SZ-2 (Pearson
Island);
(c) in relation to the Sir Joseph Banks Group Marine Park and its
management plan—the area defined in map 01 and referred to as SZ-1
(Salt Creek);
(d) in relation to the Neptune Islands Group (Ron and Valerie Taylor)
Marine Park and its management plan—the area defined in map 01 and
referred to as SZ-1 (North Neptune Islands);
(e) in relation to the Upper Gulf St Vincent Marine Park and its
management plan—the area defined in map 01 and referred to as SZ-1
(Clinton Wetlands/Port Wakefield);
(f) in relation to the Encounter Marine Park and its management
plan—the area defined in map 05 and referred to as SZ-5 (Rapid Head),
the area defined in map 06 and referred to as SZ-8 (Shoal Bay), the area
defined in map 08 and referred to as SZ-10 (Cuttlefish Bay-Cape Coutts) and
the area defined in map 09 and referred to as SZ-11 (The Pages);
(g) in relation to Western Kangaroo Island Marine Park and its management
plan—the area defined in map 01 and referred to as SZ-1 (Cape Borda)
and the area defined in map 03 and referred to as SZ-3 (Cape
de Couedic).
2—Affected
statutory authorisations
(1) If the Minister to whom the administration of the Marine
Parks Act 2007 is committed has paid compensation to the holder of
a statutory authorisation (whether under section 21 of that Act or
otherwise) in respect of the creation of a prescribed sanctuary zone, the holder
of the statutory authorisation cannot be required to repay any or all of the
amount of compensation paid.
(2) In this clause—
prescribed sanctuary zone has the same meaning as in
clause 1;
statutory authorisation has the same meaning as in the Marine
Parks Act 2007.
The regulations may make further provisions of a savings or transitional
nature.