Marine Estate Management (Management Rules) Amendment Regulation 2018 (NSW)
New South Wales
Marine Estate Management (Management
Rules) Amendment Regulation 2018
under the
Marine Estate Management Act 2014
His Excellency the Governor, on the recommendation of the Minister for the Environment and the Minister for Primary Industries, and with the advice of the Executive Council, has made the following Regulation under the Marine Estate Management Act 2014.
| GABRIELLE UPTON, MP | NIALL BLAIR, MLC |
| Minister for the Environment | Minister for Primary Industries |
| Explanatory note |
The object of this Regulation is to amend the Marine Estate Management (Management Rules) Regulation
1999 as follows:
| (a) | to rezone certain areas within the Solitary Islands Marine Park, the Cape Byron Marine Park, the Port Stephens–Great Lakes Marine Park and the Batemans Marine Park from sanctuary zone to habitat protection zone and to allow recreational line fishing from the shore in those areas, |
| (b) | to update the maps for those and other Marine Parks as a consequence and to ensure that the maps are consistent with each other, |
| (c) | to correct various descriptions and spellings of locations. |
This Regulation is made under the Marine Estate Management Act 2014, including sections 42 and 83 (the general regulation-making power).
Marine Estate Management (Management Rules) Amendment
Regulation 2018
under the
Marine Estate Management Act 2014
1 Name of Regulation
This Regulation is the Marine Estate Management (Management Rules) Amendment
Regulation 2018.
2 Commencement
This Regulation commences on the day on which it is published on the NSW legislation website.
| Schedule 1 | Amendment of Marine Estate Management (Management Rules) Regulation 1999 |
[1] Clause 2.2 Description of sanctuary zone
Omit the second paragraph of the matter relating to “Northern Section”.
Insert instead:From point 3AA at 29° 47 09.17S, 153° 17 41.22E, due east to point 3F at generally south following the marine park boundary to point 3G at thethe intersection of the marine park boundary and latitude 29° 47 09.17S, then
intersection of latitude 29° 48 22.95S and the marine park boundary, then north along a line parallel to, but 100 metres seaward of, the mean high waterdue west to point 3AB at 29° 48 22.95S, 153° 17 17.49E, then generally
mark on Minnie Water Back Beach, returning to point 3AA, as shown on
map 3.
[2] Clause 2.2
Omit the matter (including the heading) relating to “Southern Section”.
Insert instead:Southern Section
From point 9AA at 30° 09 23.98S, 153° 12 29.34E, then generally east to point 9B at approximately 500 metres from the mean high water mark of South West Solitary Island at 30° 09 29.78S, 153° 13 12.62E, then generally north east, east, south and south west along a line approximately 500 metres seaward of the mean high water mark on South West Solitary Island to point 9C at 30° 09 58.66S, 153° 13 43.56E, then due south to point 9D at 30° 12 153° 10 12.47E at approximately 500 metres from the mean high water mark51.62S, 153° 13 43.56E, then generally west to point 9E at 30° 12 51.61S, on Green Bluff, then generally north west along a line 500 metres seaward of 09 52.84E, then generally north along a line 200 metres seaward of the meanthe mean high water mark on Green Bluff to point 9F at 30° 12 24.32S, 153° high water mark on Moonee Beach to point 9G at 30° 11 53.57S, 153° 10 then generally north along a line 100 metres seaward of the mean high water08.68E, then due west to point 9AH at 30° 11 53.57S, 153° 10 04.55E, mark to point 9AI at 30° 10 50.61S, 153° 1057.51E, then generally east, north then west along a line approximately 500 metres seaward of the mean high water mark on Look at Me Now Headland to point 9J at 30° 10 19.77S, 153° 11 38.96E, then generally north west and north east along a line approximately 200 metres from the mean high water mark on Dammerels Headland and Fiddamans Beach to point 9K at 30° 09 53.02S, 153° 11 48.13E, then due west to point 9AL at 30° 09 53.02S, 153° 11 45.98E, then generally north east along a line parallel to, but 100 metres seaward of, the mean high water mark along Diggers Point, Back Sandy Beach and the southern side of Bare Bluff, returning to point 9AA, as shown on map 9.
[3] Clause 2.6 Permitted fishing activities
Omit the note before clause 2.6 (1). Insert instead:
Note. Clause 1.17 of this Regulation makes it an offence to take or attempt to take fish
in a habitat protection zone unless the person is engaging in a permitted fishing activity referred to in that clause. A permitted fishing activity includes the taking of fish by a method that is permitted by the management rules for a marine park. This clause sets out such permitted fishing activities (in addition to those described in clause 1.17).
[4] Clause 2.10A
Insert after clause 2.10:
| 2.10A | Prohibited fishing activities at Minnie Water Back Beach, Bare Bluff to Diggers Point and Moonee Beach |
A person must not, while in any of the following areas of the habitat protection zone of the marine park, take or attempt to take fish other than for recreational purposes, by use of a hook and hand held line used while the person is on the shore:
(a)
Minnie Water Back Beach between latitudes 29° 47 09.17S and 29° 48 22.95S,
(b)
Bare Bluff to Diggers Point between latitudes 30° 09 23.33S and 30° 09 53.02S,
(c) Moonee Beach between latitudes 30° 10 49.05S and 30° 11 53.57S.
[5] Part 2, Division 10
Omit the Division. Insert instead:
Division 10 Maps Map 1: Solitary Islands Marine Park (Overview)
Map 2: Sandon River System (Northern Section)
Map 3: Northern Section
Map 4: Wooli Wooli River and Diggers Camp (Northern Section)
Map 5: Station Creek
Map 6: Corindi River System and Pipe Clay Lake
Map 7: Central Section (including Jones Beach and Jones Point)
Map 8: Arrawarra Headland, Flat Top Point, other headlands and coastal lagoons (Central Section)
Map 9: Southern Section
Map 10: Southern Section including Coffs Creek, Pine Brush Creek and
Jordans Creek
Map 11: North Solitary Island and North West Rock
Map 12: North West Solitary Island
Map 13: South West Solitary Island (Groper Islet)
Map 14: South Solitary Island
Map 15: Split Solitary Island
Map 16: Habitat Protection Zone
[6] Part 3 Jervis Bay Marine Park Management Rules
Omit Division 11. Insert instead:
Division 11 Maps Map 1: Jervis Bay Marine Park (Overview)
Map 2: Hammer Head
Map 3: Currarong and Blacks Cave Creek
Map 4: Drum and Drum Sticks
Map 5: Point Perpendicular—Crocodile Head
Map 6: The Docks
Map 7: Groper Coast
Map 8: Hare Bay
Map 9: Wowly Gully
Map 10: Currambene Creek
Map 11: Huskisson and Currambene Creek Mudflats
Map 12: Moona Moona Creek
Map 13: Hyams Beach
Map 14: Bowen Island
Map 15: St Georges Head—Steamers Head
Map 16: General Use Zones, Designated Anchoring Areas, and Restricted
Purse Seine Bait Netting/Lift Netting Areas
[7] Part 4 Lord Howe Island Marine Park Management Rules
Omit Division 10. Insert instead:
Division 10 Maps Map 1: Lord Howe Island Marine Park (Overview)
Map 2: North Bay, Admiralty Islands and Neds Beach
Map 3: Lord Howe Island Lagoon
Map 4: East coast and shelf
Map 5: Balls Pyramid section
Map 6: Observatory Rock
[8] Clause 5.2 Description of sanctuary zones
Omit “but not including the Cape Byron, Little Wategos Beach, Main Beach, Belongil
Beach, Tyagarah Beach” from the matter relating to “Byron Bay (Map 1)”.Insert instead “but not including the Cape Byron, Cape Byron (East), Belongil Beach, Main Beach and Clarkes Beach, Grays Lane, Tyagarah Beach (north), Tyagarah Beach (south)”.
[9] Clause 5.6 Description of habitat protection zones
Insert after the matter relating to “Tyagarah Beach (north) (Map 2)”:
Tyagarah Beach (south) (Map 2)
From point 2J at the intersection of the mean high water mark on Tyagarah Beach and 28°33.376S latitude, then due east approximately 100 metres to point 2K at 28°33.376S, 153°33.601E, then generally south along a line parallel to, but 100 metres seaward of, the mean high water mark to point 2O at 28°35.277S, 153°34.126E, then due west to point 2N at the intersection of the mean high water mark on Tyagarah Beach and 28°35.277S latitude, then generally north along the mean high water mark on Tyagarah Beach to point 2J, as shown on map 2.
[10] Clause 5.6
Omit the matter (including the heading) relating to “Cape Byron (Map 3)”. Insert instead:
Cape Byron (Map 3)
From point 3E on the western rocky shore of Little Wategos Beach, at the intersection of the mean high water mark and 153°38.180E longitude, then due north approximately 100 metres to point 3F at 28°37.999S, 153°38.180E,then generally east and then generally south around Cape Byron along a line
parallel to, but 100 metres seaward of, the mean high water mark to point 3AG at 28°38.172S, 153°38.391E, then due west approximately 100 metres to the eastern most point of Cape Byron to point 3AH at the intersection of the mean high water mark and 28°38.172S latitude, then generally north and then generally west along the mean high water mark to point 3E, as shown on map 3.
Cape Byron (east) (Map 3)
From point 3AG at 28°38.172S, 153°38.391E, then due west approximately 100 metres to the eastern most point of Cape Byron to point 3AH at the intersection of the mean high water mark and 28°38.172S latitude, thengenerally south along the mean high water mark on Cape Byron to point 3AI
at the intersection of the mean high water mark on Cape Byron and 28°38.313S, 153°38.332E, then generally north along a line parallel to, but28°38.313S latitude, then due east approximately 100 metres to point 3AJ at
100 metres seaward of, the mean high water mark to point 3AG, as shown on
map 3.
[11] Clause 5.9 Prohibited fishing activities
Insert after clause 5.9 (8):
(9)
A person must not, while in any of the following areas of the habitat protection zone of the marine park, take or attempt to take fish other than for recreational purposes, by use of a hook and hand held line used while the person is on the shore:
(a) Tyagarah Beach (south), (b) Cape Byron (east).
[12] Part 5, Division 10
Omit the Division. Insert instead:
Division 10 Maps Map 1: Cape Byron Marine Park
Map 2: Brunswick River and Tyagarah Beach
Map 3: Cape Byron
Map 4: Broken Head
Map 5: Lennox Head
[13] Clause 6.3 Description of sanctuary zones
Omit the matter (including the heading) relating to “Celito South sanctuary zone
(map 4)”.
Insert instead:
Cellito South sanctuary zone (map 4)
An area bounded as follows:
(a) commencing at the point (point 4Aa) 32°24.124S, 152°31.227E, (b) then due east to 32°24.124S, 152°31.422E (point 4b), (c) then due south to 32°25.343S, 152°31.422E (point 4c), (d) then due west to 32°25.343S, 152°31.172E (point 4Ad), (e) then generally north along a line parallel to, but 100 metres seaward of, the mean high water mark, to the point of commencement.
[14] Clause 6.3
Omit paragraphs (a)–(g) of the matter relating to “Fiona Beach sanctuary zone (map 6)”.
Insert instead:
(a) commencing at the point (point 6Aa) 32°27.548S, 152°29.415E, (b) then due south to 32°27.773S, 152°29.415E (point 6b), (c) then generally south-west to 32°29.488S, 152°24.721E (point 6c), (d) then generally north-west to 32°29.323S, 152°24.588E (point 6Ad), (e) then generally north-east along a line parallel to, but 100 metres seaward of, the mean high water mark, to the point of commencement,
[15] Clause 6.8 Description of habitat protection zones
Omit the matter relating to “Fiona Beach habitat protection zone” (including the heading).
Insert instead:
Cellito South habitat protection zone (map 4)
An area bounded as follows:
(a)
commencing on the coast south of Sandbar at the intersection of the mean high water mark and latitude 32°24.124S,
(b)
then due east approximately 100 metres to 32°24.124S, 152°31.227E (point 4Aa),
(c)
then generally south along a line parallel to, but 100 metres seaward of, the mean high water mark to 32°25.343S, 152°31.172E (point 4Ad),
(d)
then due west to the intersection of the mean high water mark and latitude 32°25.343S,
(e)
then generally north along the mean high water mark, to the point of commencement,
as shown on map 4.
Fiona Beach habitat protection zone (map 6)
An area bounded as follows:
(a)
commencing on Fiona Beach at the intersection of the mean high water mark and longitude 152°29.415E,
(b)
then due south approximately 100 metres to 32°27.548S, 152°29.415E (point 6Aa),
(c)
then generally south-west along a line parallel to, but 100 metres seaward of, the mean high water mark to 32°29.323S, 152°24.588E (point 6Ad),
(d)
then generally north-west to the intersection of the mean high water mark on Fiona Beach and longitude 152°24.552E,
(e)
then generally north-east along the mean high water mark on Fiona Beach, to the point of commencement,
as shown on map 6.
[16] Clause 6.11 Prohibited activities relating to fishing
Omit clause 6.11 (6). Insert instead:
(5A)
A person must not, while in Cellito South habitat protection zone, take or attempt to take fish other than for recreational purposes, by use of a hook and hand held line used while the person is on the shore.
(6) A person must not, while in Fiona Beach habitat protection zone, take or
attempt to take fish other than:
(a)
for recreational purposes, by use of a hook and hand held line used while the person is on the shore, or
(b)
by way of hand picking, for commercial purposes, in the area that lies between the mean high and mean low water mark on Fiona Beach between longitudes 152°28.501E and 152°24.552E.
[17] Part 6, Division 8
Omit the Division. Insert instead:
Division 8 Maps Note. Map 1 provides an overview of the zones in the Port Stephens–Great Lakes Marine Park. Maps 2–29 provide additional detail. Map 1: Port Stephens–Great Lakes Marine Park (Overview)
Map 2: The Pinnacle
Map 3: Smiths Lake
Map 4: Cellito South
Map 5: Seal Rocks
Map 6: Fiona Beach
Map 7: Myall Lake
Map 8: Boolambayte Lake
Map 9: Bombah Broadwater
Map 10: Broughton Island
Map 11: Cabbage Tree Island
Map 12: Zenith Beach
Map 13: Fingal Island
Map 14: Jimmys Beach
Map 15: Corrie Island
Map 16: Salamander Bay
Map 17: Cromartys Bay
Map 18: Wallis Creek and Fenninghams Island Creek
Map 19: Mallabula
Map 20: Twelve Mile Creek
Map 21: Little Swan Bay
Map 22: Karuah River
Map 23: Little Branch Creek
Map 24: Number One Cove
Map 25: North Arm Cove
Map 26: Pindimar
Map 27: Fame Cove
Map 28: Myall River
Map 29: Little Beach
[18] Clause 7.2 Description of sanctuary zones
Omit the matter (including the heading) relating to “North Head sanctuary zone”.
Insert instead:North Head sanctuary zone
An area bounded as follows:
(a) commencing at 35°43.413S, 150°15.970E, (b) then due east to 35°43.413S, 150°17.127E, (c) then due north to 35°42.193S, 150°17.127E, (d)
then generally south-west along a line parallel to, but 100 metres seaward of, the mean high water mark, to the point of commencement.
[19] Clause 7.2
Omit the matter (including the heading) relating to “Mullimburra sanctuary zone”.
Insert instead:Mullimburra sanctuary zone
An area bounded as follows:
(a) commencing at 35°57.725S, 150°09.362E, (b)
then due east to the intersection of the eastern boundary of the marine park and latitude 35°57.725S,
(c)
then generally south-west and then generally south-east, along the eastern boundary of the marine park to the point the boundary intersects latitude 36°01.689S,
(d) then due west to 36°01.689S, 150°09.068E, (e)
then generally north-east along a line parallel to, but 100 metres seaward of, the mean high water mark, to the point of commencement,
but not including the Meringo-Mullimburra Point habitat protection zone as
described in Division 3.
[20] Clause 7.2
Omit the matter (including the heading) relating to “Brou Beach sanctuary zone”.
Insert instead:Brou sanctuary zone
An area bounded as follows:
(a) commencing at 36°06.172S, 150°08.326E, (b) then due east to 36°06.172S, 150°08.480E, (c) then due south to 36°07.540S, 150°08.480E, (d) then due west to 36°07.540S, 150°07.673E, (e)
then generally north-east along a line parallel to, but 100 metres seaward of, the mean high water mark, to the point of commencement.
Lake Tarourga sanctuary zone
The whole of the tidal waters and tidal lands to the mean high water mark of
Lake Tarourga and its creeks, bays and tributaries.
[21] Clause 7.2
Omit the matter (including the heading) relating to “Bullengella Lake—Corunna Lake
sanctuary zone”.
Insert instead:
Bogola sanctuary zone
An area bounded as follows:
(a) commencing at 36°14.300S, 150°08.871E, (b) then due east to 36°14.300S, 150°10.620E, (c) then due south to 36°17.222S, 150°10.620E, (d) then due west to 36°17.222S, 150°07.934E, (e)
then generally north along a line parallel to, but 100 metres seaward of, the mean high water mark, to the point of commencement.
Nangudga Lake sanctuary zone
The whole of the tidal waters and tidal lands to the mean high water mark of Nangudga Lake and its creeks, bays and tributaries upstream of a line between:
(a)
the point on the mean high water mark on the south-eastern shore of the entrance to Nangudga Lake nearest to 36°15.139S, 150°08.673E, and
(b)
the point on the mean high water mark on the north-western shore of the entrance to Nangudga Lake nearest to 36°15.139S, 150°08.601E.
Bullengella Lake sanctuary zone
The whole of the tidal waters and tidal lands to the mean high water mark of
Bullengella Lake and its creeks, bays and tributaries.
[22] Clause 7.6 Habitat protection zones
Insert after the matter relating to “Batemans Bay habitat protection zone”:
North Head habitat protection zone
An area bounded as follows:
(a) commencing at the tip of Yellow Rock at the point on the mean high water mark nearest to 35°43.413S, 150°15.894E, (b) then due east approximately 100 metres from the mean high water mark to 35°43.413S, 150°15.970E, (c) then generally north-east along a line parallel to, but 100 metres seaward of, the mean high water mark to 35°42.193S, 150°17.127E, (d) then due north approximately 100 metres to a point on the mean high water mark nearest to 35°42.117S, 150°17.127E, (e) then generally south-west along the mean high water mark, to the point of commencement.
[23] Clause 7.6
Omit the matter (including the heading) relating to “Meringo-Mullimburra Point habitat
protection zone”.
Insert instead:
Congo South Beach habitat protection zone
An area bounded as follows:
(a)
commencing on the southern shore of Congo Beach at the point the mean high water mark intersects latitude 35°57.725S,
(b) then due east approximately 100 metres to 35°57.725S, 150°09.362E, (c)
then generally south along a line parallel to, but 100 metres seaward of, the mean high water mark to 35°58.715S, 150°09.160E,
(d)
then due west approximately 100 metres to the point the mean high water mark intersects latitude 35°58.715S,
(e)
then generally north along the mean high water mark, to the point of commencement,
but not including the Meringo Lake sanctuary zone as described in Division 2.
Bingie habitat protection zone
An area bounded as follows:
(a)
commencing at the intersection of the mean high water mark on Mullimburra Point and latitude 35°59.628S,
(b) then due east approximately 100 metres to 35°59.628S, 150°09.917E, (c)
then generally south along a line parallel to, but 100 metres seaward of, the mean high water mark to 36°01.689S, 150°09.068E,
(d)
then due west to the point the mean high water mark intersects latitude 36°01.689S,
(e)
then generally north along the mean high water mark, to the point of commencement,
but not including the Kellys Lake sanctuary zone as described in Division 2.
Meringo-Mullimburra Point habitat protection zone
An area bounded as follows:
(a) commencing at the eastern-most extremity of Mullimburra Point at the point the mean high water mark intersects latitude 35°59.628S, (b) then due east approximately 200 metres to 35°59.628S, 150°09.980E, (c) then generally north along a line parallel to, but 200 metres seaward of, the mean high water mark to 35°58.715S, 150°09.237E, (d) then due west to the southern side of the entrance to Meringo Lake at the point the mean high water mark intersects latitude 35°58.715S, (e) then generally south following the mean high water mark, to the point of commencement.
[24] Clause 7.6
Insert after the matter relating to “Jemisons Beach creek habitat protection zone”:
Brou Beach habitat protection zone
An area bounded as follows:
(a)
commencing at the intersection of the mean high water mark on Brou Beach and latitude 36°06.172S,
(b) then due east approximately 100 metres to 36°06.172S, 150°08.326E, (c)
then generally south along a line parallel to, but 100 metres seaward of, the mean high water mark to 36°07.540S, 150°07.673E,
(d)
then due west to the point the mean high water mark intersects latitude 36°07.540S,
(e)
then generally north along the mean high water mark, to the point of commencement,
but not including the Lake Tarourga sanctuary zone as described in Division 2.
[25] Clause 7.6
Omit the matter (including the heading) relating to “Handkerchief Beach habitat
protection zone”.
Insert instead:
Bullengella Beach–Loader Beach habitat protection zone
An area bounded as follows:
(a)
commencing at the intersection of the mean high water mark at the northern end of Bullengella Beach and latitude 36°14.300S,
(b) then due east approximately 100 metres to 36°14.300S, 150°08.871E, (c)
then generally south, along a line parallel to, but 100 metres seaward of, the mean high water mark to 36°17.222S, 150°07.934E,
(d)
then due west to the intersection of the mean high water mark on Loader Beach and latitude 36°17.222S,
(e)
then generally north along the mean high water mark, to the point of commencement,
but not including the Nangudga Lake sanctuary zone or the Bullengella Lake
sanctuary zone as described in Division 2.
[26] Clause 7.6
Omit all words in the paragraph beginning “but not including” in the matter relating to
“Montague Island habitat protection zone”.Insert instead: but not including:
(f) the whole of the tidal waters and tidal lands to the mean high water mark of Corunna Lake upstream of longitude 150°07.830E, or (g) the Bogola sanctuary zone, the Montague Island East sanctuary zone, the Montague Island South sanctuary zone, the Nangudga Lake sanctuary zone or the Bullengella Lake sanctuary zone as described in Division 2, or (h) the Montague Island (Inner) habitat protection zone, the Bullengella Beach–Loader Beach habitat protection zone, the Wagonga Head habitat protection zone or the Little Lake (north) habitat protection zone as described in this Division, or (i) the whole of the tidal waters and tidal lands to the mean high water mark of the Wagonga Inlet and its creeks, bays and tributaries that are upstream of the line between the point the mean high water mark on the about longitude 150°07.968E), and the point the mean high water markwestern shore of Wagonga Inlet intersects latitude 36°12.684S (at or
on the eastern shore of Wagonga Inlet intersects latitude 36°12.684S (at
or about longitude 150°08.037E).
[27] Clause 7.9 Prohibited fishing activities
Omit clause 7.9 (3). Insert instead:
(3) A person must not, while in any of the following habitat protection zones, take or attempt to take fish other than for recreational purposes, by use of a hook and hand held line used while the person is on the shore:
(a) the North Head habitat protection zone, (b) the Congo South Beach habitat protection zone, (c) the Bingie habitat protection zone, (d) the Brou Beach habitat protection zone, (e) the Bullengella Beach–Loader Beach habitat protection zone.
[28] Part 7, Division 10
Omit “Handkerchief Beach habitat protection zone” from Table D.
0
0
0