MARINE PARKS (SANCTUARY ZONES) AMENDMENT BILL 2015

(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 2015

(6) In this section—

prescribed marine park—the following marine parks are prescribed marine parks:

(a) Nuyts Archipelago Marine Park;

(b) Investigator 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:

(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:

(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);

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

3—Regulations

The regulations may make further provisions of a savings or transitional nature.

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