South Australian Numbered Acts South Australian Numbered Acts10—Establishment of marine parks
(1) The Governor may,
by proclamation made on the recommendation of the Minister—
(a)
establish a specified area as a marine park; and
(b)
assign a name to the marine park so established.
(2) The Minister must,
in formulating a recommendation for the purposes of subsection (1), seek,
and have regard to, the advice of the Council.
(3) The area to be
specified by proclamation as a marine park is to consist of a part of the sea
that is within the limits of the State or the coastal waters of the State, and
may include land or waters held by, or on behalf of, the Crown within or
adjacent to the specified part of the sea.
(4) A proclamation
under this section—
(a) must
define the boundaries of the marine park; and
(b) may,
on the recommendation of the Minister, contain provisions
("interim protection orders") that prohibit or restrict activities within the
marine park with a view to ensuring that areas in a marine park are not
adversely affected prior to the adoption by the Minister of a management plan
for the marine park.
(5) The Minister must
take into account the following matters before making a recommendation under
subsection (4)(b)—
(a) any
management arrangements that are already applying in relation to the area; and
(b) any
development authorisations that have been given under the
Development Act 1993 in relation to the area; and
(c) any
advice received from the Council,
and may take into account such other matters as the Minister thinks fit.
(6) A person must not
contravene an interim protection order contained in a proclamation under this
section.
Maximum penalty: $100 000 or imprisonment for 2 years.
(7) The Minister must,
after the Governor has established a marine park under this section, in the
manner prescribed by the regulations, give public notice of the making of the
relevant proclamation and, in so doing—
(a)
specify a place or places where copies of the proclamation may be inspected or
purchased; and
(b)
invite submissions from interested persons within a period (of at least 6
weeks) specified by the Minister on the boundaries of the marine park.
(8) The Minister must
consider any submissions received under subsection (7)(b) and may, after
taking into account any matters or advice determined by the Minister to be
relevant in the circumstances, recommend to the Governor that the boundaries
of the marine park be altered.
(9) The Governor may,
by subsequent proclamation (whether or not a process under subsection (7)
or (8) has been completed)—
(a)
abolish a marine park established under this section; or
(b) on
the recommendation of the Minister, alter the boundaries of a marine park
established under this section; or
(c)
alter the name of a marine park established under this section; or
(d) on
the recommendation of the Minister, vary or revoke an interim protection order
contained in a proclamation under this section.
(10) The Minister
must, in formulating a recommendation for the purposes of paragraphs (b)
and (d) of subsection (9), seek, and have regard to, the advice of the
Council.
(11) Subject to
subsection (13), a proclamation must not be made under
subsection (9)(a) or (b), by virtue of which an area ceases to be, or
ceases to be included in, a marine park, except in accordance with a
resolution passed by both Houses of Parliament.
(12) Notice of a
motion for a resolution under subsection (11) must be given at least
14 sitting days before the motion is passed.
(13)
Subsection (11) does not apply to a proclamation made on the
recommendation of the Minister under subsection (8) within 6 months of
the publication of a notice under subsection (7).