Marine Estate Management Act 2014 (NSW)

Marine Estate Management Act 2014 No 72

An Act to provide for the strategic exercise of government functions in the management of the marine estate of New South Wales; for the declaration and management of marine parks and aquatic reserves; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Marine Estate Management Act 2014.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Objects of Act The objects of this Act are as follows— (a) to provide for the management of the marine estate of New South Wales consistent with the principles of ecologically sustainable development in a manner that— (i) promotes a biologically diverse, healthy and productive marine estate, and (ii) facilitates— • economic opportunities for the people of New South Wales, including opportunities for regional communities, and • the cultural, social and recreational use of the marine estate, and • the maintenance of ecosystem integrity, and • the use of the marine estate for scientific research and education, (b) to promote the co-ordination of the exercise, by public authorities, of functions in relation to the marine estate, (c) to provide for the declaration and management of a comprehensive system of marine parks and aquatic reserves.

4 Definitions (1) In this Act— aircraft means any airborne craft, including a fixed wing craft, helicopter, gyrocopter, glider, hang glider, hot air balloon, drone and airship. animal means any animal-life (other than human), whether vertebrate or invertebrate and in any stage of biological development, and includes a dead animal. aquatic reserve means an aquatic reserve declared under Division 2 of Part 5. authorised officer—see section 66. Authority means the Marine Estate Management Authority established under Division 1 of Part 2. biological diversity means the diversity of life and is made up of the following 3 components— (a) genetic diversity—the variety of genes (or units of heredity) in any population, (b) species diversity—the variety of species, (c) ecosystem diversity—the variety of communities of ecosystems. Commonwealth Native Title Act means the Native Title Act 1993 of the Commonwealth. Crown land has the same meaning as it has in the Crown Land Management Act 2016. diligent inquiry—see section 79. function includes a power, authority or duty, and exercise a function includes perform a duty. management plan for a marine park or an aquatic reserve means the management plan for the marine park or aquatic reserve adopted under Division 5 of Part 5. management rules for a marine park or an aquatic reserve means the management rules for the marine park or aquatic reserve set out in a regulation referred to in section 42. marine park means a marine park declared under Division 1 of Part 5. marine estate—see section 6. Marine Protected Areas Fund means the Marine Protected Areas Fund established under section 74. mineral includes coal, shale or petroleum. native title holder has the same meaning as it has in the Commonwealth Native Title Act. owner has the same meaning as it has in the Local Government Act 1993, and includes a native title holder. plant means any plant-life, whether vascular or non-vascular and in any stage of biological development, and includes fungi, lichens and dead plants. possession of a thing includes having the thing under control at any place, even though some other person has physical possession of the thing. principles of ecologically sustainable development—see subsection (2). public authority includes— (a) a Minister of the Crown, or (b) a government department, or (c) a statutory body representing the Crown, or (d) the trustee or trustees of land reserved or dedicated for any public use or purpose, or (e) a State owned corporation, or (f) a member of staff or other person who exercises functions on behalf of any of the above. public water land means land submerged by water (whether permanently or intermittently), being— (a) Crown land, or (b) land vested in a local council or public authority, or (c) land vested in trustees for public recreation or for any other public purpose, or (d) land acquired by the Minister administering the Fisheries Management Act 1994 under Division 1 of Part 8 of that Act, but does not include land which is the subject of an aquaculture lease under that Act or land of which a person has exclusive possession under a lease under any other Act. registered native title body corporate has the same meaning as it has in the Commonwealth Native Title Act. registered native title claimant has the same meaning as it has in the Commonwealth Native Title Act. relevant Ministers—see section 5. vessel has the same meaning as it has in the Marine Safety Act 1998. wetlands includes marshes, mangroves, swamps, or other areas that form a shallow body of water when inundated intermittently or permanently with brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities.