Marine Estate Management (Management Rules) Regulation 1999 (NSW)

Note—

The Marine Estate Management (Management Rules) Regulation 1999 (formerly Marine Parks (Zoning Plans) Regulation 1999 and Marine Parks Regulation 1999) made under the Marine Parks Act 1997 is on and from 19.12.2014 taken to be a regulation under the Marine Estate Management Act 2014 No 72. See clause 4 of Schedule 2 to the Marine Estate Management Act 2014.

Editorial note

The Parliamentary Counsel’s Office is progressively updating certain formatting styles in versions of NSW in force legislation published from 29 July 2019. For example, colons are being replaced by em-rules (em-dashes). Text of the legislation is not affected.

This version has been updated.

whole Regulation: Am 2009 (416), Sch 2 [26] (cross-references in the Regulation to a renumbered cl renumbered).

Part 1General provisions relating to management rules

pt 1, hdg: Ins 2009 (416), Sch 2 [2]. Am 2014 (848), Sch 2 [1].

Division 1Preliminary

pt 1, div 1, hdg: Ins 2009 (416), Sch 2 [2].

1.1Name of Regulation

This Regulation is the Marine Estate Management (Management Rules) Regulation 1999.

cl 1.1 (previously cl 1): Am 2009 (416), Sch 2 [3]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [2].

1.2Commencement

This Regulation commences on 1 March 1999.

cl 1.2 (previously cl 2): Renumbered 2009 (416), Sch 2 [26].

1.3Definitions(1)

In this Regulation—

aquaculture has the same meaning as in section 142 of the Fisheries Management Act 1994.

bait means any animal or plant, or part of any animal or plant, rigged on a fishing hook but does not include an artificial lure or artificial fly.

clean a fish includes to remove or discard part of a fish.

commercial fisher has the same meaning as in the Fisheries Management Act 1994.

commercial fishing means taking, or attempting to take, fish for sale.

domesticated animal includes a pet.

exotic animal, in relation to a marine park, means any living animal that is not indigenous to the marine park.

exotic plant, in relation to a marine park, means any plant (whether or not living) that is not indigenous to the marine park, but does not include food for human consumption.

fish has the same meaning as in section 5 of the Fisheries Management Act 1994.

Note—

Under the Fisheries Management Act 1994, fish means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead), including oysters and other aquatic molluscs, crustaceans, echinoderms, beachworms and other aquatic polychaetes.

general use zone means an area in a marine park that is classified by the management rules for the marine park as a general use zone.

habitat means any area occupied, or periodically or occasionally occupied, by animals or plants (or both), and includes any biotic or abiotic component.

habitat protection zone means an area in a marine park that is classified by the management rules for the marine park as a habitat protection zone.

harm means—

• (a)

  in the case of any animal—take, interfere with, injure or otherwise harm the animal, or

• (b)

  in the case of a plant—gather, cut, pull up, destroy, poison, dig up, remove, injure or otherwise harm the plant (or any part of it).

moor a vessel includes attach the vessel to a mooring by any means.

mooring means any post, stake, pile, float, pontoon or any other object (other than a vessel’s anchor that is retrieved by the vessel when not in use) secured by any direct or indirect means to the waters’ bed for the purpose of attaching a vessel to the bed.

permit means a permit under Part 2 of the Marine Estate Management Regulation 2017.

personal watercraft means a power-driven vessel that—

• (a)

  has a fully enclosed hull, and

• (b)

  does not retain water taken on if it capsizes, and

• (c)

  is designed to be operated by a person standing, sitting astride or kneeling on the vessel but not seated within the vessel.

recreational fishing means taking, or attempting to take, fish otherwise than for sale.

sanctuary zone means an area in a marine park that is classified by the management rules for the marine park as a sanctuary zone.

set line has the same meaning as it has in the Fisheries Management (General) Regulation 2002.

special purpose zone means an area in a marine park that is classified by the management rules for the marine park as a special purpose zone.

take an animal includes—

• (a)

  catch, capture or kill an animal, or

• (b)

  gather or collect an animal, or

• (c)

  remove an animal from any rock or other matter.

the Act means the Marine Estate Management Act 2014.

traditional use means a use that satisfies personal, domestic or non-commercial communal needs of Aboriginal people.

vessel has the same meaning as it has in the Marine Safety Act 1998.

Note—

Certain words and terms used in this Regulation are defined in the Act and accordingly have the same meaning as in the Act. These include the following—

animal means any animal-life (other than human), whether vertebrate or invertebrate and in any stage of biological development, and includes a dead animal.

plant means any plant-life, whether vascular or non-vascular and in any stage of biological development, and includes fungi, lichens and dead plants.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)

For the purposes of Parts 2–7, a zone of a marine park does not adjoin another zone of the marine park if the zone only has a single corner point on its boundary that is common to the boundary of the other zone.

(3)

Notes included in this Regulation do not form part of this Regulation.

cl 1.3 (previously cl 3): Am 2009 (416), Sch 2 [4]–[6]. Renumbered 2009 (416), Sch 2 [26]. Am 2011 (29), Sch 1 [1] [2] (disallowed, Legislative Assembly, 26.5.2011); 2014 (848), Sch 2 [3] [4]; 2017 No 63, Sch 4.28 [1].

1.4Regulation applies subject to other legislation(1)

This Regulation has effect subject to section 65 of the Act.

Note—

Section 65 of the Act provides that any requirements made by or under Part 5 of the Act are in addition to any requirement in any other Act or statutory instrument, such as requirements under the Fisheries Management Act 1994 and the National Parks and Wildlife Act 1974.

(2)

Nothing in this Regulation is to be construed as authorising the harming of any particular species of plant or fish, or the harming of any plants or fish by a particular method, in contravention of the Fisheries Management Act 1994, the National Parks and Wildlife Act 1974 or statutory instruments made under those Acts.

(3)

In addition, nothing in this Regulation is to be construed as authorising the carrying out of any activity in contravention of a marine park notification or aquatic reserve notification under section 57 of the Act.

cl 1.4 (previously cl 3A): Renumbered 2009 (416), Sch 2 [26]. Am 2011 (29), Sch 1 [3] (disallowed, Legislative Assembly, 26.5.2011); 2014 (848), Sch 2 [5]–[7].

1.5Reference to relevant Ministers(1)

(Repealed)

(2)

If a provision of this Regulation requires or authorises the relevant Ministers to take any action or decide any matter, the provision is taken only to require or authorise the relevant Ministers to take the action jointly or decide the matter jointly.

cl 1.5 (previously cl 3B): Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [8].

cl 1.5A: Ins 2011 (29), Sch 1 [4] (disallowed, Legislative Assembly, 26.5.2011).

Division 2Marine park zones

pt 1, div 2, hdg: Ins 2009 (416), Sch 2 [7].

Note—

In addition to the provisions set out in this Regulation, Division 6 of Part 5 of the Act also provides for the regulation of development and activities in a marine park or an aquatic reserve. Those provisions apply in respect of development or activities that are subject to Part 4 or 5 of the Environmental Planning and Assessment Act 1979. The provisions require the objects and permissible uses of a zone to be taken into consideration before any development application for the carrying out of development in a marine park or an aquatic reserve is determined under Part 4 of that Act or any activity under Part 5 of that Act is carried out or approved. They also require consultation with or the concurrence of the relevant Ministers.

pt 1, div 2, note: Am 2014 (848), Sch 2 [9] [10].

Subdivision 1Management rules and zone objects

pt 1, div 2, sdiv 1, hdg: Ins 2009 (416), Sch 2 [8]. Am 2014 (848), Sch 2 [11].

1.6Management rules(1)

The following Parts set out the management rules for each of the following marine parks—

• (a)

  Part 2—Solitary Islands Marine Park,

• (b)

  Part 3—Jervis Bay Marine Park,

• (c)

  Part 4—Lord Howe Island Marine Park,

• (d)

  Part 5—Cape Byron Marine Park,

• (e)

  Part 6—Port Stephens–Great Lakes Marine Park,

• (f)

  Part 7—Batemans Marine Park.

(2)

The management rules for a marine park may include any number of sanctuary, habitat protection, general use and special purpose zones.

cl 1.6: Ins 2009 (416), Sch 2 [8]. Am 2014 (848), Sch 2 [12] [13].

1.7Objects of sanctuary zone

The objects of the sanctuary zone are—

• (a)

  to provide the highest level of protection for biological diversity, habitat, ecological processes, natural features and cultural features (both Aboriginal and non-Aboriginal) in the zone, and

• (b)

  where consistent with paragraph (a), to provide opportunities for the following activities in the zone—

  • (i)

    recreational, educational and other activities that do not involve harming any animal or plant or causing any damage to or interference with natural or cultural features or any habitat,

  • (ii)

    scientific research.

cll 1.7–1.9 (previously cll 5–5C): Ins 2009 (416), Sch 2 [8]. Renumbered 2009 (416), Sch 2 [26].

1.8Objects of habitat protection zone

The objects of the habitat protection zone are—

• (a)

  to provide a high level of protection for biological diversity, habitat, ecological processes, natural features and cultural features (both Aboriginal and non-Aboriginal) in the zone, and

• (b)

  where consistent with paragraph (a), to provide opportunities for recreational and commercial activities (including fishing), scientific research, educational activities and other activities, so long as they are ecologically sustainable and do not have a significant impact on any fish populations or on any other animals, plants or habitats.

cll 1.7–1.9 (previously cll 5–5C): Ins 2009 (416), Sch 2 [8]. Renumbered 2009 (416), Sch 2 [26].

1.9Objects of general use zone

The objects of the general use zone are—

• (a)

  to provide protection for biological diversity, habitat, ecological processes, natural features and cultural features (both Aboriginal and non-Aboriginal) in the zone, and

• (b)

  where consistent with paragraph (a), to provide opportunities for recreational and commercial activities (including fishing), scientific research, educational activities and other activities so long as they are ecologically sustainable.

cll 1.7–1.9 (previously cll 5–5C): Ins 2009 (416), Sch 2 [8]. Renumbered 2009 (416), Sch 2 [26].

1.10Objects of special purpose zone

The objects of the special purpose zone are—

• (a)

  to provide for the management of biological diversity, habitat, ecological processes and natural and cultural features in the zone, where phenomena, sites or items in the zone warrant special management, and

• (b)

  to cater for special facilities and features in the zone such as slipways, breakwaters, berthing facilities and shipwrecks, and

• (c)

  such objects as may be set out in the management rules for a marine park.

cl 1.10 (previously cl 5D): Ins 2009 (416), Sch 2 [8]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [14].

Subdivision 2Sanctuary zone

pt 1, div 2, sdiv 2, hdg: Ins 2009 (416), Sch 2 [8].

1.11Protection of animals, plants and habitat in sanctuary zone(1)

A person must not, while in the sanctuary zone of a marine park—

• (a)

  harm, or attempt to harm, any animal, or

• (b)

  harm, or attempt to harm, any plant, or

• (c)

  damage, take or interfere with, or attempt to damage, take or interfere with, any part of the habitat (including soil, sand, shells or other material occurring naturally within the zone), or

• (d)

  clean any fish or fishing gear,

except with the consent of the relevant Ministers.

(2)

Consent is only to be given under subclause (1) for research, environmental protection, public health, traditional use or public safety purposes.

(3)

For the purposes of section 41 of the Act, a contravention of subclause (1) is designated as a serious offence.

cl 1.11 (previously cl 7): Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [15].

1.12Aquaculture not permitted in sanctuary zone

Aquaculture is not permissible in the sanctuary zone of a marine park.

Note—

Section 29 (2) of the Act provides that an aquaculture lease applying to any area within a marine park must not be extended or renewed (except as provided for by section 29 (3) of the Act), unless the regulations provide that aquaculture is permissible in the relevant area.

cl 1.12 (previously cll 8): Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [16].

1.13Dredging and beach replenishment activities not permitted in sanctuary zone(1)

A person must not carry out any dredging activity or beach replenishment activity in the sanctuary zone of a marine park.

Maximum penalty—100 penalty units.

(2)

A person does not commit an offence against this clause if the dredging activity or beach replenishment activity is carried out with the consent of the relevant Ministers.

(3)

Consent is not to be given to the carrying out of a dredging activity or beach replenishment activity in the sanctuary zone of a marine park unless the relevant Ministers are satisfied that the activity is necessary to prevent a serious risk of injury to a person, damage to property or harm to the environment.

(4)

Subclause (3) does not prevent the relevant Ministers from consenting to any dredging activity being carried out as part of an organised research activity.

(5)

In this clause—

beach replenishment activity means the excavation of or extraction of sand or other material for the purpose of replenishing a beach.

dredging activity means any activity that involves the excavation of land submerged (whether permanently or intermittently) by water.

cl 1.13 (previously cl 8A): Renumbered 2009 (416), Sch 2 [26].

1.14Vessels to be anchored or moored only at designated sites(1)

A person must not, while in the sanctuary zone of a marine park, anchor or moor a vessel except in an area, or at a mooring, (if any) designated for that purpose by the relevant Ministers or by the relevant management rules.

Maximum penalty—100 penalty units.

(2)

Despite subclause (1), a person may anchor or moor a vessel in an area or at a mooring that has not been designated by the relevant Ministers for that purpose in an emergency, where the action is necessary to protect life or property.

cl 1.14 (previously cl 9): Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [14].

1.15Fishing not permitted from moorings

A person must not take, or attempt to take, fish from a mooring, or a vessel attached to a mooring, in the sanctuary zone of a marine park.

Maximum penalty—100 penalty units.

cl 1.15 (previously cl 9A): Renumbered 2009 (416), Sch 2 [26].

Subdivision 3Habitat protection zone

pt 1, div 2, sdiv 3, hdg: Ins 2009 (416), Sch 2 [10].

1.16Protection of animals, plants and habitat in habitat protection zone(1)

A person must not, while in the habitat protection zone of a marine park—

• (a)

  harm, or attempt to harm, any animal (other than fish), or

• (b)

  harm, or attempt to harm, any plant, or

• (c)

  damage, take or interfere with, or attempt to damage, take or interfere with, any part of the habitat (including soil, sand, shells or other material occurring naturally within the zone),

except with the consent of the relevant Ministers.

Maximum penalty—100 penalty units.

(2)

Consent is only to be given under subclause (1)—

• (a)

  for research, environmental protection, public health, traditional use or public safety purposes, or

• (b)

  for the purposes of an ecologically sustainable use that does not have a significant impact on fish populations within the zone or on any other animals, plants or habitats.

(3)

A contravention of subclause (1) is designated as a forfeiture offence.

Note—

See section 67 of the Act and clause 27 of the Marine Estate Management Regulation 2017.

cl 1.16 (previously cl 11): Am 2009 (416), Sch 2 [11] [12]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [14] [17]; 2017 No 63, Sch 4.28 [2].

1.17Limited fishing activities in habitat protection zone(1)

Each of the following fishing activities is permitted in the habitat protection zone of a marine park—

• (a)

  the taking of fish by use of a hook and hand held line,

• (b)

  the taking of fish by hand,

• (c)

  the taking of fish by use of a scoop net or landing net,

• (d)

  the taking of fish by use of a spear or spear gun,

• (e)

  the taking of fish by any other method permitted by the management rules for the marine park.

(2)

A person must not, while in the habitat protection zone of a marine park—

• (a)

  take or attempt to take any fish unless the person is engaging in a permitted fishing activity (as referred to in subclause (1)), or

• (b)

  take or attempt to take any fish in contravention of the management rules for the marine park.

Maximum penalty—100 penalty units.

(3)

A person does not commit an offence against this clause for anything done with the consent of the relevant Ministers.

(3AA)

Consent is only to be given under subclause (3) for research, environmental protection, public health, traditional use or public safety purposes.

(3A)

This clause does not apply to aquaculture.

(4)

In this clause—

hand held line means a hand line or rod and line.

landing net has the same meaning as in the Fisheries Management (General) Regulation 1995.

scoop net means a net referred to as a dip or scoop net (prawns) in the Fisheries Management (General) Regulation 1995.

Note—

The Fisheries Management Act 1994 and the regulations under that Act also set out specific requirements relating to the methods of fishing referred to in subclause (1).

cl 1.17 (previously cl 12): Am 2009 (416), Sch 2 [13]. Renumbered 2009 (416), Sch 2 [26].

1.18Aquaculture(1)

Aquaculture is permissible in the habitat protection zone of a marine park, but only with the consent of the relevant Ministers.

(2)

This clause is subject to the provisions of the management rules for a marine park.

Note—

The Fisheries Management Act 1994 regulates the conduct of aquaculture. In particular, it prohibits a person from undertaking aquaculture except under the authority of a permit issued under that Act and in accordance with the conditions of that permit.

cl 1.18 (previously cl 13): Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [14].

Subdivision 4General use zone

pt 1, div 2, sdiv 4, hdg: Ins 2009 (416), Sch 2 [14].

1.19Protection of animals, plants and habitat in general use zone(1)

A person must not, while in the general use zone of a marine park—

• (a)

  harm, or attempt to harm, any animal (other than fish), or

• (b)

  harm, or attempt to harm, any plant, or

• (c)

  damage, take or interfere with, or attempt to damage, take or interfere with, any part of the habitat (including soil, sand, shells or other material occurring naturally within the zone),

except with the consent of the relevant Ministers.

Maximum penalty—100 penalty units.

(2)

Consent is only to be given under subclause (1)—

• (a)

  for research, environmental protection, public health, traditional use or public safety purposes, or

• (b)

  for the purposes of an ecologically sustainable use.

(3)

A contravention of subclause (1) is designated as a forfeiture offence.

Note—

See section 67 of the Act and clause 27 of the Marine Estate Management Regulation 2017.

cl 1.19 (previously cl 15): Am 2009 (416), Sch 2 [15]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [17]; 2017 No 63, Sch 4.28 [2].

1.20Limited fishing activities in general use zone(1)

Fishing is permitted in the general use zone of a marine park, but only in accordance with the management rules for the marine park.

(2)

A person must not, while in the general use zone of a marine park, take, or attempt to take, any fish in contravention of the management rules for the marine park.

Maximum penalty—100 penalty units.

(3)

A person does not commit an offence against this clause for anything done with the consent of the relevant Ministers.

(4)

Consent is only to be given under subclause (3) for research, environmental protection, public health, traditional use or public safety purposes.

cl 1.20 (previously cl 16): Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [14].

1.21Aquaculture

Aquaculture is permissible in the general use zone of a marine park.

Note—

The Fisheries Management Act 1994 regulates the conduct of aquaculture. In particular, it prohibits a person from undertaking aquaculture except under the authority of a permit issued under that Act and in accordance with the conditions of that permit.

cl 1.21 (previously cl 17): Renumbered 2009 (416), Sch 2 [26].

Subdivision 5Special purpose zone

pt 1, div 2, sdiv 5, hdg: Ins 2009 (416), Sch 2 [16].

1.22Protection of animals, plants and habitat in special purpose zone(1)

A person must not, while in the special purpose zone of a marine park—

• (a)

  harm, or attempt to harm, any animal (other than fish), or

• (b)

  harm, or attempt to harm, any plant, or

• (c)

  damage, take or interfere with, or attempt to damage, take or interfere with, any part of the habitat (including soil, sand, shells or other material occurring naturally within the zone),

except with the consent of the relevant Ministers.

Maximum penalty—100 penalty units.

(2)

Consent is only to be given under subclause (1)—

• (a)

  for research, environmental protection, public health, traditional use or public safety purposes, or

• (b)

  for the purposes of an ecologically sustainable use.

(3)

A contravention of subclause (1) is designated as a forfeiture offence.

Note—

See section 67 of the Act and clause 27 of the Marine Estate Management Regulation 2017.

cl 1.22 (previously cl 18A): Am 2009 (416), Sch 2 [17]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [17]; 2017 No 63, Sch 4.28 [2].

1.23Limited fishing activities(1)

A person must not, while in the special purpose zone of a marine park, take or attempt to take any fish in contravention of the management rules for the marine park.

Maximum penalty—100 penalty units.

(2)

A person does not commit an offence against this clause for anything done with the consent of the relevant Ministers.

(3)

Consent is only to be given under subclause (2) for research, environmental protection, public health, traditional use or public safety purposes.

(4)

(Repealed)

cl 1.23 (previously cl 18B): Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [14].

1.24Aquaculture

Aquaculture is permissible in the special purpose zone of a marine park, but only with the consent of the relevant Ministers.

Note—

The Fisheries Management Act 1994 regulates the conduct of aquaculture. In particular, it prohibits a person from undertaking aquaculture except under the authority of a permit issued under that Act and in accordance with the conditions of that permit.

cl 1.24 (previously cl 18C): Renumbered 2009 (416), Sch 2 [26].

Division 3Regulation of activities

pt 1, div 3, hdg: Ins 2009 (416), Sch 2 [18].

1.25Possession of animals or plants or of equipment used to take animals or plants(1)

A person who is in possession of any animal or plant that has been taken in contravention of a provision of this Regulation is guilty of an offence.

Maximum penalty—100 penalty units.

(1A)

A person who is in possession of an animal or plant in a part of a marine park in which the possession of the animal or plant is prohibited by the management rules for the marine park is guilty of an offence.

Maximum penalty—100 penalty units.

(2)

A person who, while in any part of a marine park, is in possession of any equipment (including fishing gear) that is used, or is designed to be used, for the purposes of taking an animal or plant is guilty of an offence if the taking of the animal or plant in that part of the park, at that time, is prohibited by law.

Maximum penalty—100 penalty units.

(2A)

A person who, while in any part of a marine park, is in possession of any equipment (including fishing gear) that is used, or designed to be used, for the purpose of taking an animal or plant is guilty of an offence if the use by that person of that equipment for taking an animal or plant from that part of the park, at that time, is prohibited by law.

Maximum penalty—100 penalty units.

(2B)

For the purposes of this clause, a person who is on board a boat is taken to be in possession of any equipment (including fishing gear) found in the boat and any plant or animal found in the boat.

(2C)

It is a defence to a prosecution for an offence under subclause (1) if the person charged satisfies the court that the person could not reasonably have known that the animal or plant had been taken in contravention of a provision of this Regulation.

(2D)

It is a defence to a prosecution for an offence under subclause (1A) in respect of an animal or plant found in a boat if the person charged satisfies the court that the person could not reasonably have known that the animal or plant was on board the boat concerned.

(3)

It is a defence to a prosecution for an offence under subclause (2) or (2A) if the person charged satisfies the court—

• (a)

  if the equipment concerned was fishing gear—that the fishing gear was being transported to or from any place where the person could lawfully use the equipment to take fish and was in the authorised state, or

• (b)

  if the equipment concerned was not fishing gear—that the equipment was being transported to or from any place where the person could lawfully use the equipment to take animals or plants, and was in a state in which it could not have been used to take animals or plants, or

• (b1)

  if the equipment concerned was a fishing line—that the fishing line was on board a vessel within a sanctuary zone, the vessel was anchored, moored or aground and the fishing line was in the unrigged state, or

• (c)

  that the person could not reasonably have known that the equipment was on board the boat concerned, or

• (d)

  that the equipment was in the person’s possession for a purpose that was lawful in the part of the marine park that the person was in.

(3A)

A contravention of this clause is designated as a forfeiture offence.

Note—

See section 67 of the Act and clause 27 of the Marine Estate Management Regulation 2017.

(4)

For the purposes of subclause (3) (a), the authorised state is—

• (a)

  in the case of a fishing line—no part of the line was immersed in the waters of the marine park and no hook was baited, or

• (b)

  in the case of a fishing net—no part of the net was immersed in the waters of the marine park, or

• (c)

  in the case of fishing gear not referred to in paragraph (a) or (b)—the gear was stowed away.

(5)

For the purposes of subclause (3) (b1), the unrigged state, in relation to a fishing line, means no part of the fishing line is attached to any hook, artificial lure, artificial fly, swivel or other piece of fishing tackle (other than any reel the fishing line was spooled on).

cl 1.25 (previously cl 19): Am 2009 (416), Sch 2 [19]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [14] [17]; 2017 No 63, Sch 4.28 [2].

1.26Protection of marine park moorings, buoys, signs and facilities(1)

A person must not, except with the consent of the relevant Ministers—

• (a)

  remove, move, damage or interfere with a mooring in a marine park (being a mooring that is provided by or on behalf of the relevant Ministers), or

• (b)

  remove, move, damage or interfere with a zone or boundary marker or sign owned or erected by the relevant Ministers in or adjacent to a marine park, or

• (c)

  place any mooring, buoy or sign in a marine park (unless the placement is authorised by an occupation licence or other authorisation issued under the Maritime Services Act 1935), or

• (d)

  damage, deface or interfere with any property or facility in a marine park (being any property or facility that is owned, managed or operated by the relevant Ministers), or

• (e)

  attach a vessel to any marker buoy in a marine park that is owned or managed by the relevant Ministers.

(2)

A person must not contravene the conditions of use displayed on a mooring in a marine park that is provided by or on behalf of the relevant Ministers.

(3)

A person must not attach a vessel to another vessel that is attached to a mooring in a marine park that is provided by or on behalf of the relevant Ministers.

Note—

See also clause 1.38 (1) (b).

(4)

It is not an offence against subclause (3) to attach a vessel to the vessel’s tender.

Maximum penalty—100 penalty units.

cl 1.26 (previously cl 20): Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [18].

1.27Discharge from vessels

A person must not discharge ballast water, drawn from waters outside a marine park, within the marine park.

Maximum penalty—100 penalty units.

cll 1.27–1.29 (previously cll 20B–22): Renumbered 2009 (416), Sch 2 [26].

1.28Exotic animals and plants(1)

A person must not—

• (a)

  bring any exotic animal or exotic plant into a marine park, or

• (b)

  cause or allow any exotic animal to be released into a marine park, or

• (c)

  cause or allow any exotic plant to be introduced into a marine park.

Maximum penalty—100 penalty units.

(2)

A person does not commit an offence under subclause (1) (a) by bringing a domesticated animal into a marine park.

cll 1.27–1.29 (previously cll 20B–22): Renumbered 2009 (416), Sch 2 [26].

1.29Domesticated animals(1)

A person must not—

• (a)

  bring any domesticated animal into a marine park except with the consent of the relevant Ministers, or

• (b)

  leave a domesticated animal unattended in a marine park.

Maximum penalty—100 penalty units.

Note—

Section 59 of the Companion Animals Act 1998 entitles a person with a disability to be accompanied by an assistance animal being used bona fide by the person to assist the person into or onto any place open to or used by the public.

(1A)

A person who brings a domesticated animal into a marine park must collect any faeces deposited by that animal and remove the faeces from the marine park.

Maximum penalty—5 penalty units.

(2)

For the purposes of this clause, a domesticated animal is unattended whenever it is not under the control of a responsible person.

(3)

This clause does not apply to a dog being used by a police officer on official duty.

cll 1.27–1.29 (previously cll 20B–22): Renumbered 2009 (416), Sch 2 [26].

1.30Protected species(1)

A person must not in a marine park—

• (a)

  take, or attempt to take, any species of fish or plant identified as a protected species in the management rules for the marine park, or

• (b)

  harm, or attempt to harm, any species of fish or plant identified as a protected species in the management rules for the marine park,

except with the consent of the relevant Ministers.

(2)

For the purposes of section 41 of the Act, a contravention of subclause (1) is designated as a serious offence.

cl 1.30 (previously cl 22A): Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [14] [15].

1.31Organised research activities(1)

A person must not carry out any organised research activity in a marine park except with the consent of the relevant Ministers.

Maximum penalty—100 penalty units.

(2)

For the purposes of this clause, an organised research activity is any research activity that is organised or conducted for purposes other than for the personal interest or enjoyment of the individual who is carrying out the activity.

cll 1.31–1.34 (previously cll 23–26): Renumbered 2009 (416), Sch 2 [26].

1.32Commercial activities(1)

A person must not in a marine park—

• (a)

  sell or hire, attempt to sell or hire, expose for sale, hire or profit or solicit for sale, hire or profit any article, thing or service to any person, or

• (b)

  conduct, or assist in the conduct of, any amusement, entertainment, instruction, performance or activity for money or other consideration of any kind,

• (c)

  (Repealed)

except with the consent of the relevant Ministers.

Maximum penalty—100 penalty units.

(2)

A person does not commit an offence under this clause by taking fish in a marine park for the purposes of sale or by assisting in the conduct of that activity.

(3)

A person does not commit an offence against this clause if the person carries out an activity described in subclause (1) (a) or (b) in a marine park without the consent of the relevant Ministers within 12 months after the declaration of the marine park.

(4)

A person does not commit an offence against subclause (1) (b) if the person carries out an activity described in that paragraph in a marine park without the consent of the relevant Ministers if the activity only involves a commercial vessel passing through a marine park to a destination outside the marine park by the most direct and expeditious route and—

• (a)

  the person does not undertake any commercial activities within the marine park other than those required to safely navigate and operate the vessel through the marine park, and

• (b)

  the person does not specifically advertise passing through the marine park as part of the person’s commercial activity, and

• (c)

  the passage through the marine park does not include anchoring, mooring or docking within the marine park except where required for safety reasons, and

• (d)

  the passage through the marine park does not include onboard commercial activities relating to the provision of any information concerning the marine park and its values, including scenic tours and environmental interpretation activities, and

• (e)

  the passage through the marine park does not involve the use of hovercraft vessels, personal watercraft or aircraft.

Note—

Although this clause does not prohibit commercial fishing activities, such activities must be carried out in accordance with the Fisheries Management Act 1994 and the regulations under that Act.

cll 1.31–1.34 (previously cll 23–26): Renumbered 2009 (416), Sch 2 [26].

1.33Filming activities

A person must not take any photograph, or film any video, movie or television film, in a marine park, if the photographing or filming—

• (a)

  requires the use of structures (other than portable tripods), film sets or machinery, or

• (b)

  involves actors or professional models, or

• (c)

  has the potential to impact on marine biodiversity or habitat, or

• (d)

  has the potential to exclude an area of the marine park from use by other users,

except with the consent of the relevant Ministers.

Maximum penalty—100 penalty units.

cll 1.31–1.34 (previously cll 23–26): Renumbered 2009 (416), Sch 2 [26].

1.34Organised sporting, educational and recreational activities(1)

A person must not—

• (a)

  organise or conduct any sporting competition or tournament in a marine park (such as a fishing competition or tournament), or

• (b)

  organise or conduct any concert, public meeting, function, event, demonstration or similar gathering in a marine park, or

• (c)

  organise or conduct any training manoeuvre or similar activity or event in a marine park, or

• (d)

  organise or conduct any educational program involving the taking of animals or plants from a marine park,

except with the consent of the relevant Ministers.

Maximum penalty—100 penalty units.

(2)

A person does not commit an offence against this clause if the person carries out an activity described in subclause (1) (a), (b), (c) or (d) in a marine park without the consent of the relevant Ministers within 12 months after the declaration of the marine park.

cll 1.31–1.34 (previously cll 23–26): Renumbered 2009 (416), Sch 2 [26].

1.35Use, mooring or anchoring of vessels, motorised vehicles and motorised equipment(1)

The use, mooring and anchoring of vessels, motorised vehicles and motorised equipment is permitted in a marine park, but only in accordance with the management rules for the marine park.

(2)

A person must not, except with the consent of the relevant Ministers, use, moor or anchor any vessel, motorised vehicle or motorised equipment in a marine park in contravention of the management rules for the marine park.

Maximum penalty—50 penalty units.

(3)

In this clause—

motorised means powered by a motor, whether or not the motor is in use at the time.

cll 1.35–1.37 (previously cll 27–27B): Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [14].

1.36Fish feeding(1)

A person must not feed fish in any part of a marine park, except with the consent of the relevant Ministers or as permitted by the relevant management rules.

Maximum penalty—100 penalty units.

(2)

Consent is not to be given to the following—

• (a)

  commercial shark feeding in any part of a marine park,

• (b)

  fish feeding in the sanctuary zone of a marine park.

(3)

A person does not commit an offence against this clause in respect of berleying in the course of fishing activities permitted by or under the Act in the part of the marine park concerned.

cll 1.35–1.37 (previously cll 27–27B): Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [14].

1.37Cleaning of fish or fishing gear

A person must not clean a fish or any fishing gear in any part of a marine park in contravention of the management rules for the marine park.

Maximum penalty—50 penalty units.

Note—

Clause 1.11 (d) of this Regulation prohibits the cleaning of fish or fishing gear in the sanctuary zone of a marine park without the consent of the relevant Ministers.

cll 1.35–1.37 (previously cll 27–27B): Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [14].

1.38Camping or residing in marine park(1)

A person must not—

• (a)

  camp in any part of a marine park other than in an area set aside by the relevant Ministers for camping, or

• (b)

  attach a vessel, for a period of more than 12 hours, to a mooring or other facility in a marine park that is owned or managed by the relevant Ministers, or

• (c)

  reside permanently in a marine park,

except with the consent of the relevant Ministers.

Maximum penalty—100 penalty units.

(2)

In this clause—

camp means reside temporarily (whether or not in a tent, caravan, cabin, vehicle, trailer or other structure).

vessel includes a houseboat or any other structure that is capable of floating.

cl 1.38 (previously cl 28): Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [18].

1.39Fish attracting devices

A person must not leave any floating device or floating structure unattended in a marine park except with the consent of the relevant Ministers.

Maximum penalty—50 penalty units.

cl 1.39 (previously cl 29): Renumbered 2009 (416), Sch 2 [26].

1.40Lighting fires(1)

A person must not light any fire on any beach, reef or other emergent land within a marine park except with the consent of the relevant Ministers or as permitted by the relevant management rules.

Maximum penalty—100 penalty units.

(2)

Subclause (1) does not apply to the lighting of fires—

• (a)

  on board any vessel, or

• (b)

  within any barbecue area established by the public or local authority having the care, control and management of the land concerned.

cl 1.40 (previously cl 30): Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [14].

Division 4Miscellaneous

pt 1, div 4, hdg: Ins 2009 (416), Sch 2 [21].

1.41Consent by relevant Ministers not required for certain activities(1)

A provision of this Regulation (other than clause 1.11, 1.13, 1.16, 1.17, 1.19, 1.20, 1.22 or 1.23) does not require the consent of the relevant Ministers to the carrying out of any activity if planning approval has been given with respect to that activity in accordance with section 55 of the Act.

(2)

In this clause, planning approval means—

• (a)

  development consent under the Environmental Planning and Assessment Act 1979, or

• (b)

  approval of a determining authority under Part 5 of the Environmental Planning and Assessment Act 1979, or

• (c)

  approval to the carrying out of a project under Part 3A, or State significant infrastructure under Part 5.1, of the Environmental Planning and Assessment Act 1979.

Note—

Section 55 of the Act makes specific provision in relation to the application of the Environmental Planning and Assessment Act 1979 to development within marine parks.

cl 1.41 (previously cl 32N): Renumbered 2009 (416), Sch 2 [26]. Am 2011 No 22, Sch 2.15. Am 2014 (848), Sch 2 [19] [20].

1.42Defences relating to harm to animals, plants or habitat(1)

It is a defence to a prosecution for an offence under this Regulation relating to the taking of fish in a habitat protection zone, general use zone or special purpose zone of a marine park if the person charged satisfies the court that—

• (a)

  the taking of the fish occurred in the carrying out of an activity that was a lawful activity for that part of the marine park, and

• (b)

  on becoming aware of the taking of the fish, the person took immediate steps to return the fish to its natural environment with the least possible injury.

(2)

It is a defence to a prosecution for an offence under this Regulation relating to the harm of any animal or plant, or damaging, taking or interfering with any habitat, in a marine park if the person charged satisfies the court that the act or omission constituting the offence was a routine activity in connection with a lawful activity (unless it is an activity of a kind the management rules for the marine park concerned declare is not a routine activity for the purposes of this clause).

cl 1.42 (previously cl 38A): Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [21].

Part 2Solitary Islands Marine Park Management Rules

pt 2, hdg (previously sch 1, Part 1, heading): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011). Am 2014 (848), Sch 2 [22].

Note—

The GPS coordinates used to describe the boundaries of the Solitary Islands Marine Park in Part 2 of Schedule 4 to the Marine Parks Act 1997 (immediately before its repeal) are in datum AGD 66. The GPS coordinates used to describe the boundaries of the zones of the marine park in this Part are in datum WGS 84, which is the datum more commonly used by marine park users.

pt 2 (previously sch 1, Part 1): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

pt 2, note: Transferred 2009 (416), Sch 2 [24]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011). Am 2014 (848), Sch 2 [23].

Division 1Preliminary

pt 2, div 1 (previously sch 1, Part 1, Div 1): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

2.1Definitions(1)

In this Part—

map means a map set out in Division 10.

marine park means the Solitary Islands Marine Park, as described in Part 2 of Schedule 4 to the Marine Parks Act 1997 (immediately before its repeal).

Note—

Map 1 provides an overview of the zones in the marine park.

net—see subclause (2).

table means a table set out in Division 9.

trap—see subclause (2).

(2)

In this Part, a reference to a net or trap is a reference to that net or trap as described in the Fisheries Management (General) Regulation 1995.

Note—

The Fisheries Management (General) Regulation 1995 contains descriptions of the following nets and traps (which are referred to in this Part)—

• (a)

  nets—spanner crab net, scoop net (prawns), landing net, push or scissors net (prawns), hoop or lift net, submersible lift net (bait), purse seine net,

• (b)

  traps—fish trap, crab trap, bait trap.

cl 2.1 (previously sch 1, pt 1, cll 1): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011). Am 2014 (848), Sch 2 [24] [25].

Division 2Sanctuary zone

pt 2, div 2 (previously sch 1, Part 1, Div 2): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

2.2Description of sanctuary zone

The sanctuary zone of the marine park is comprised of the following areas—

• •Sandon River System (Northern Section)

  The whole of the tidal waters and tidal lands of Toumbaal Creek, including all its creeks, bays and tributaries upstream of point 2A at 29° 40′ 09.08″S, 153° 19′ 00.08″E and a line drawn generally east of that point to the eastern bank, to the mean high water mark, as shown on map 2.

  The whole of the tidal waters and tidal lands of the Sandon River arm of the Sandon River, including all its creeks, bays and tributaries upstream of point 2B at 29° 41′ 08.29″S, 153° 18′ 08.52″E and a line drawn generally north east of that point to the eastern bank, being the junction of the Sandon River and Candole Creek, to the mean high water mark, as shown on map 2.

  The whole of the tidal waters and tidal lands incorporating the island/mudflat area in the main section of the Sandon River, to the mean high water mark, east of a line drawn between point 2C at 29° 40′ 37.69″S, 153° 18′ 55.90″E and point 2D at 29° 40′ 43.49″S, 153° 18′ 52.62″E, then following the western side of the estuarine islands to point 2E at 29° 40′ 48.91″S, 153° 18′ 46.05″E, then from a line between point 2E and 2F at 29° 40′ 56.25″S, 153° 18′ 46.64″E, as shown on map 2.

• •Northern Section

  From point 3A at 29° 42′ 55.50″S, 153° 18′ 55.15″E, approximately 1 kilometre (0.5 nautical miles) seaward of Sandon Beach, due east approximately 6 kilometres (3 nautical miles) to the marine park boundary at point 3B at 29° 42′ 55.50″S, 153° 22′ 36.19″E, then generally south approximately 5 kilometres (2.6 nautical miles) following the boundary of the marine park to point 3C, in line with Rocky Point, at 29° 45′ 39.44″S, 153° 21′ 35.32″E then due west approximately 4 kilometres (2.1 nautical miles) to point 3D at 29° 45′ 39.44″S, 153° 18′ 55.15″E approximately 1.7 kilometres (0.9 nautical miles) east of Rocky Point, then due north to point 3A, as described above and shown on map 3.

  From point 3AA at 29° 47′ 09.17″S, 153° 17′ 41.22″E, due east to point 3F at the intersection of the marine park boundary and latitude 29° 47′ 09.17″S, then generally south following the marine park boundary to point 3G at the intersection of latitude 29° 48′ 22.95″S and the marine park boundary, then due west to point 3AB at 29° 48′ 22.95″S, 153° 17′ 17.49″E, then generally north along a line parallel to, but 100 metres seaward of, the mean high water mark on Minnie Water Back Beach, returning to point 3AA, as shown on map 3.

• •Wooli Wooli River and Diggers Camp (Northern Section)

  The whole of the tidal waters and tidal lands of the northern arm of the Wooli Wooli River and central basin, including all its creeks, bays and tributaries upstream from a line drawn between point 4A at 29° 50′ 22.95″S, 153° 13′ 58.57″E and point 4B at 29° 50′ 26.99″S, 153° 13′ 56.09″E, at the forks, to the mean high water mark, as shown on map 4.

• •Station Creek

  The whole of the tidal waters and tidal lands of Station Creek including all its creeks, bays and tributaries upstream from a line drawn between point 5A at 29° 56′ 51.86″S, 153° 14′ 45.89″E and point 5B at 29° 56′ 52.70″S, 153° 14′ 47.25″E, approximately 1.2 kilometres upstream of the mouth of the creek, to the mean high water mark, as shown on map 5.

• •Corindi River System and Pipe Clay Lake

  The whole of the tidal waters and tidal lands of the Corindi River (lower reaches), north of the main channel from a line drawn between point 6A on the northern bank of the mouth of the river at 29° 58′ 43.81″S, 153° 13′ 57.29″E to point 6B at the south eastern point of the main island at 29° 58′ 50.25″S, 153° 13′ 39.15″E, then following the southern and western part of the island to the northern point at 6C at 29° 58′ 38.11″S, 153° 13′ 38.45″E, then generally north to the eastern point of the small island at 6D at 29° 58′ 30.41″S, 153° 13′ 36.01″E, then following the southern bank of the small island to the western side of the small island to point 6E at 29° 58′ 29.50″S, 153° 13′ 32.70″E, then due west upstream to point 6F on the northern bank of the river at 29° 58′ 28.85″S, 153° 13′ 29.87″E, then following the northern bank of the river to point 6G at 29° 58′ 27.26″S, 153° 13′ 16.53″E, then upstream to point 6H on a second small island at 29° 58′ 35.06″S, 153° 13′ 14.08″E, and continues upstream to point 6I at the junction of the Corindi River and Mullet Creek at 6I at 29° 58′ 40.30″S, 153° 13′ 16.47″E, and includes the whole of the tidal waters and tidal lands of Saltwater Creek, Mullet Creek and other creeks, bays and tributaries north of the area described above, to the mean high water mark, as shown on map 6.

• •Central Section

  The north western part extends from the mean high water mark at point 7A at 29° 54′ 31.36″S, 153° 16′ 19.27″E, approximately 1.5 kilometres (0.8 nautical miles) south of Jones Point, due east approximately 1.5 kilometres (0.8 nautical miles) to point 7B at 29° 54′ 31.36″S, 153° 17′ 13.41″E, then due south approximately 3.6 kilometres (1.9 nautical miles) to point 7C at 29° 56′ 26.88″S, 153° 17′ 13.41″E, then due west approximately 2 kilometres (1 nautical mile) to point 7D at 29° 56′ 26.88″S, 153° 16′ 01.14″E (500 metres east of Pebbly Beach northern headland) then generally north for 1 kilometre (0.5 nautical miles) at 500 metres from the mean high water mark to point 7E at 29° 55′ 52.15″S, 153° 15′ 57.90″E, then due west 500 metres to point 7F at 29° 55′ 52.15″S, 153° 15′ 39.25″E at the mean high water mark at the southern tip of Freshwater Beach, then due north along the mean high water mark to point 7A described above, as shown on map 7.

  The south eastern part extends from point 7C at 29° 56′ 26.88″S, 153° 17′ 13.41″E, approximately 2.5 kilometres (1.3 nautical miles) due east of Pebbly Beach northern headland, and extends due east approximately 2.7 kilometres (1.4 nautical miles) to point 7G at 29° 56′ 26.88″S, 153° 19′ 01.99″E, then due south approximately 3.5 kilometres (1.9 nautical miles) to point 7H at 29° 58′ 23.07″S, 153° 19′ 01.99″E, then due west approximately 2.7 kilometres (1.4 nautical miles), in line with the northern tip of North Rock, to point 7I at 29° 58′ 23.07″S, 153° 17′ 13.41″E, then due north approximately 3.5 kilometres (1.9 nautical miles) to point 7C, as described above, as shown on map 7.

• •Jones Beach and Jones Point

  From the mean high water mark at the eastern tip of the southern breakwall, generally south to point 7J at 29° 53′ 24.16″S, 153° 16′ 19.50″E, approximately 200 metres from the mean high water mark, then at 200 metres from the mean high water mark along Jones Beach and Jones Point to point 7K on the southern side of Jones Point at 29° 53′ 38.09″S, 153° 16′ 27.46″E, at a bearing of 107°, as shown on map 7.

• •Flat Top Point

  From point 8E, at 30° 07′ 39.67″S, 153° 12′ 21.40″E then following Flat Top Point from the mean high water mark to 200 metres around Flat Top Point to point 8F at 30° 07′ 57.37″S, 153° 12′ 21.40″E, then returning due north to point 8E, as shown on map 8.

• •Southern Section

  From point 9AA at 30° 09′ 23.98″S, 153° 12′ 29.34″E, then generally east to point 9B at approximately 500 metres from the mean high water mark of South West Solitary Island at 30° 09′ 29.78″S, 153° 13′ 12.62″E, 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′ 58.66″S, 153° 13′ 43.56″E, then due south to point 9D at 30° 12′ 51.62″S, 153° 13′ 43.56″E, then generally west to point 9E at 30° 12′ 51.61″S, 153° 10′ 12.47″E at approximately 500 metres from the mean high water mark on Green Bluff, then generally north west along a line 500 metres seaward of the mean high water mark on Green Bluff to point 9F at 30° 12′ 24.32″S, 153° 09′ 52.84″E, then generally north along a line 200 metres seaward of the mean high water mark on Moonee Beach to point 9G at 30° 11′ 53.57″S, 153° 10′ 08.68″E, then due west to point 9AH at 30° 11′ 53.57″S, 153° 10′ 04.55″E, then generally north along a line 100 metres seaward of the mean high water mark to point 9AI at 30° 10′ 50.61″S, 153° 10′ 57.51″E, 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′ 19.77″S, 153° 11′ 38.96″E, 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′ 53.02″S, 153° 11′ 48.13″E, then due west to point 9AL at 30° 09′ 53.02″S, 153° 11′ 45.98″E, 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.

• •North Solitary Island

  From the mean high water mark at point 11A at 29° 55′ 23.45″S, 153° 23′ 20.51″E, on the eastern side of Anemone Bay, due north approximately 50 metres to point 11B at 29° 55′ 21.82″S, 153° 23′ 20.51″E, then due west approximately 500 metres to point 11C at 29° 55′ 21.82″S, 153° 22′ 59.64″E, then in a direct line south east approximately 1.3 kilometres to point 11D at 29° 55′ 58.70″S, 153° 23′ 23.44″E, then due east approximately 200 metres to the most south westerly point of North Solitary Island at point 11E at 29° 55′ 58.70″S, 153° 23′ 31.76″E, then returning along the mean high water mark on the western side of the island to point 11A, as shown on map 11.

• •North West Rock

  From the mean high water mark to 100 metres seaward around North West Rock, as shown on map 11.

• •North West Solitary Island

  From the mean high water mark at point 12A at 30° 00′ 58.05″S, 153° 16′ 17.76″E, on the most northerly point of North West Solitary Island, generally north west approximately 500 metres to point 12B at 30° 00′ 45.48″S, 153° 16′ 05.59″E, then in a direct line generally south approximately 1 kilometre to point 12C at 30° 01′ 19.37″S, 153° 16′ 02.90″E, and then generally north east approximately 370 metres to the mean high water mark at the southern end of North West Solitary Island at point 12D at 30° 01′ 10.29″S, 153° 16′ 14.88″E, and returning along the mean high water mark on the western side of the island to point 12A, as shown on map 12.

• •South West Solitary Island (Groper Islet)

  From the mean high water mark to 500 metres seaward around South West Solitary Island (Groper Islet), as shown on map 13.

• •South Solitary Island

  From the mean high water mark at point 14A at 30° 12′ 26.71″S, 153° 15′ 59.59″E, on the most south westerly point of the main island, due west approximately 200 metres to point 14B at 30° 12′ 26.71″S, 153° 15′ 52.11″E, then in a direct line generally north west 500 metres to point 14C at 30° 12′ 13.13″S, 153° 15′ 48.81″E, 200 metres from the most south westerly point of “Birdie”, then due east to point 14D at 30° 12′ 13.13″S, 153° 15′ 52.55″E, 100 metres from the mean high water mark at “Birdie”, then follows “Birdie” at 100 metres from the mean high water mark, around “Birdie” to point 14E at 30° 12′ 15.61″S, 153° 16′ 02.60″E, and returning along the mean high water mark on the northern and western sides of the island to point 14A, as shown on map 14.

• •Split Solitary Island

  From the mean high water mark at point 15A at 30° 14′ 23.71″S, 153° 10′ 47.76″E, to 200 metres seaward to point 15B at 30° 14′ 18.07″S, 153° 10′ 43.81″E, then follows Split Solitary Island at 200 metres from the mean high water mark south west of the split through the island to point 15C at 30° 14′ 33.61″S, 153° 10′ 55.43″E, at 200 metres seaward of the mean high water mark, then to point 15D at the mean high water mark at 30° 14′ 28.11″S, 153° 10′ 51.45″E, and returning along the mean high water mark on the southern and western sides of the island to point 15A, as shown on maps 10 and 15.

cl 2.2 (previously sch 1, pt 1, cl 2): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011). Am 2018 (261), Sch 1 [1] [2].

2.3Fish cleaning(1)

A person must not clean any fish or any fishing gear while in the sanctuary zone of the marine park except at a fish cleaning facility (if any) designated by the relevant Ministers for that purpose.

(2)

This clause does not prohibit the cleaning of fish or fishing gear while on a vessel with the consent of the relevant Ministers.

cll 2.3, 2.4 (previously sch 1, pt 1, cll 3, 4): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

Division 3Habitat protection zone

pt 2, div 3 (previously sch 1, Part 1, Div 3): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

2.4Description of habitat protection zone

The habitat protection zone of the marine park is comprised of the following area—

• •

  From the mean high water mark at the most easterly point of Plover Island at point 1A at 29° 40′ 17.70″S, 153° 19′ 50.71″E, due east approximately 6 kilometres (3 nautical miles) to the marine park boundary at point 1B at 29° 40′ 17.70″S, 153° 23′ 28.61″E, then generally south along the marine park boundary to point 1C at 29° 48′ 55.76″S, 153° 21′ 07.72″E, generally in line with Diggers Camp Rock Platform, then due west to point 1D at 29° 48′ 55.76″S, 153° 18′ 54.42″E, then due south to point 1E at 29° 53′ 18.28″S, 153° 18′ 54.42″E, then due east to point 1F at 29° 53′ 18.28″S, 153° 23′ 55.84″E, then due south to point 1G at 29° 56′ 26.88″S, 153° 23′ 55.84″E, then due west to point 1H at 29° 56′ 26.88″S, 153° 20′ 02.11″E, then in a north westerly direction, following the boundary of the marine park to point 1I at 29° 56′ 10.51″S, 153° 19′ 57.37″, then in a south westerly direction to point 1J as 29° 56′ 26.88″S, 153° 19′ 50.47″E, then due west to point 1K at 29° 56′ 26.88″S, 153° 19′ 01.99″E, then due south to point 1L at 30° 01′ 49.87″S, 153° 19′ 01.99″E, then due west to point 1M at 30° 01′ 49.87″S, 153° 14′ 36.70″E, then due south to point 1N at 30° 09′ 22.29″S, 153° 14′ 36.70″E, then due east to point 1O at 30° 09′ 22.29″S, 153° 15′ 37.60″E, then south east to point 1P at 30° 10′ 17.42″S, 153° 16′ 37.99″E, then due south to point 1Q at 30° 13′ 34.74″S, 153° 16′ 37.99″E, then south west to point 1R at 30° 14′ 27.51″S, 153° 15′ 37.60″E, then due west to point 1S at 30° 14′ 27.51″S, 153° 11′ 37.16″E, then due south to point 1T at 30° 18′ 18.29″S, 153° 11′ 37.16″E, at the southern boundary of the marine park, then due west to point 1U at 30° 18′ 18.29″S, 153° 09′ 16.29″E, at the mean high water mark at the eastern point of Muttonbird Island, then along the coast at the mean high water mark to point 1A, described above, including all rivers, estuaries, bays and lagoons and inlets upstream to their tidal limits and tidal lands, except those waters and tidal lands zoned as either sanctuary zone (as specified in Division 2) or special purpose zone (as specified in Division 5), as shown on map 16.

cll 2.3, 2.4 (previously sch 1, pt 1, cll 3, 4): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

2.5Taking of certain plants permitted(1)

A person may take living plants of a species listed in table A in the habitat protection zone of the marine park.

(2)

A person may take seaweed from a beach in the habitat protection zone of the marine park.

(3)

This clause does not apply in respect of—

• (a)

  Diggers Camp Rock Platform, between point 4C at 29° 48′ 56.30″S, 153° 17′ 25.64″E and point 4D at 29° 49′ 07.78″S, 153° 17′ 28.38″E, as shown on map 4, and

• (b)

  Moonee Beach.

(4)

This clause applies despite clause 1.16 (Protection of animals, plants and habitat in habitat protection zone) of this Regulation.

Note—

Clause 1.16 of this Regulation makes it an offence to harm a plant or damage, take or interfere with any part of the habitat in a habitat protection zone except with the consent of the relevant Ministers.

cl 2.5 (previously sch 1, pt 1, cl 5): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

2.6Permitted fishing activitiesNote—

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).

(1)

Clause 1.17 (1) of this Regulation (relating to permitted fishing activities) applies to the habitat protection zone of the marine park subject to the provisions of this Part. Accordingly, that subclause is not to be construed as authorising any fishing activity that would contravene a provision of this Part.

Note—

For example, clause 2.7 of this Part lists the species of fish that may be taken in the habitat protection zone, and Division 6 sets out general restrictions on fishing in the marine park that extend to the habitat protection zone.

(2)

For the purposes of clause 1.17 (1) (e) of this Regulation, the following fishing activities are permitted in the habitat protection zone of the marine park (in addition to those set out in clause 1.17 (1))—

• (a)

  the taking of fish by use of a submersible lift net (bait), but only if the fish are taken for use as bait by the fisher (and not for the purposes of sale),

• (b)

  the taking of fish by use of a bait trap, but only if the fish are taken for use as bait by the fisher (and not for the purposes of sale),

• (c)

  the taking of fish of a kind that may lawfully be taken in the habitat protection zone by the method known as beach hauling, but only at the following beaches—

  • (i)

    Arrawarra Beach,

  • (ii)

    Park Beach,

  • (iii)

    Sandy Beach,

  • (iv)

    Station Creek Beach (south of the access track to Station Creek Beach from Station Creek Road, approximately 1.8km from the southern end of the beach),

  • (v)

    Woolgoolga Front Beach,

  Note—

  See also clause 2.23 of this Part.

• (d)

  the taking of any fish of a kind that may lawfully be taken in the habitat protection zone by use of one of the following nets, if the use of the net to take that fish is lawful under the Fisheries Management Act 1994—

  • (i)

    push or scissors net (prawns),

  • (ii)

    hoop or lift net,

  • (iii)

    spanner crab net,

• (e)

  the taking of any fish of a kind that may lawfully be taken in the habitat protection zone by use of a trap, if use of the trap to take that fish is lawful under the Fisheries Management Act 1994.

  Note—

  Table B lists the kinds of fish that may lawfully be taken in a habitat protection zone.

(3)

Subclause (2) is also subject to the other provisions of this Part. Accordingly, that subclause is not to be construed as authorising any fishing activity that would contravene another provision of this Part.

cl 2.6 (previously sch 1, pt 1, cl 6): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011). Am 2014 (848), Sch 2 [26]; 2018 (261), Sch 1 [3].

2.7Species protection(1)

A person must not take or attempt to take any fish in the habitat protection zone of the marine park except—

• (a)

  fish of a species listed in table B, or

• (b)

  fish taken for use as bait by any method that is otherwise permitted under this Regulation.

(2)

Nothing in this clause permits a person to take or attempt to take a fish of a species—

• (a)

  the taking of which is prohibited under the Fisheries Management Act 1994, or

• (b)

  listed in table C.

(3)

This clause does not apply in respect of—

• (a)

  Diggers Camp Rock Platform, between point 4C at 29° 48′ 56.30″S, 153° 17′ 25.64″E and point 4D at 29° 49′ 07.78″S, 153° 17′ 28.38″E, as shown on map 4, and

• (b)

  Moonee Beach.

2.8Species protection—Diggers Camp and Moonee Beach(1)

A person must not take or attempt to take any fish in the area to which this clause applies except fish of the following species—

• (a)

  finfish (Class Osteichthyes)—all species,

• (b)

  sharks and rays (Class Chondrichthyes)—all species,

• (c)

  eastern rock lobster (Jasus verreauxi),

• (d)

  slipper lobster (Scyllarus spp.),

• (e)

  painted rock lobster (Panulirus spp.).

(2)

This clause applies to the following area—

• (a)

  Diggers Camp Rock Platform, between point 4C at 29° 48′ 56.30″S, 153° 17′ 25.64″E and point 4D at 29° 49′ 07.78″S, 153° 17′ 28.38″E, as shown on map 4, and

• (b)

  Moonee Beach.

(3)

Nothing in this clause permits a person to take or attempt to take a fish of a species—

• (a)

  the taking of which is prohibited under the Fisheries Management Act 1994, or

• (b)

  listed in table C.

cll 2.8, 2.9 (previously sch 1, pt 1, cll 8, 9): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

2.9Fish trapping prohibited in certain areas

A person must not, while in the following parts of the habitat protection zone of the marine park, take or attempt to take fish by use of a fish trap—

• (a)

  the area bound by the coordinates 29° 41′ 37.83″S, 153° 20′ 28.18″E and 29° 41′ 37.83″S, 153° 22′ 09.37″E and 29° 42′ 55.50″S, 153° 22′ 09.37″E and 29° 42′ 55.50″S, 153° 20′ 28.18″E, being the area that encompasses Sandon Shoals, as shown on map 1,

• (b)

  the area bound by the coordinates 29° 59′ 54.30″S, 153° 14′ 48.71″E and 29° 59′ 54.30″S, 153° 16′ 37.18″E and 30° 01′ 29.44″S, 153° 16′ 37.18″E and 30° 01′ 29.44″S, 153° 14′ 48.71″E, being the area that encompasses Chopper Rock, Surgeons Reef and North West Solitary Island, as shown on map 1,

• (c)

  within 500 metres of the mean high water mark of North Solitary Island, North West Rock, North West Solitary Island, South West Solitary Island, South Solitary Island or Split Solitary Island.

cll 2.8, 2.9 (previously sch 1, pt 1, cll 8, 9): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

2.10Crab trapping prohibited in Wooli Wooli River crab protection area(1)

A person must not, while in the Wooli Wooli River crab protection area, take or attempt to take crabs by use of a trap.

(2)

In this clause—

Wooli Wooli River crab protection area means that part of the habitat protection zone starting from one kilometre downstream of “the forks”, from point 4E at 29° 50′ 24.24″S, 153° 14′ 36.40″E, then upstream to include the entire upper reaches of the Wooli Wooli River to the tidal limit, as shown on map 4.

cl 2.10 (previously sch 1, pt 1, cl 10): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

2.10AProhibited 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′ 09.17″S and 29° 48′ 22.95″S,

• (b)

  Bare Bluff to Diggers Point between latitudes 30° 09′ 23.33″S and 30° 09′ 53.02″S,

• (c)

  Moonee Beach between latitudes 30° 10′ 49.05″S and 30° 11′ 53.57″S.

cl 2.10A: Ins 2018 (261), Sch 1 [4].

2.11Fish cleaning at Minnie Water Lagoon(1)

A person must not clean any fish or any fishing gear while in Minnie Water Lagoon except at a fish cleaning facility (if any) designated by the relevant Ministers for that purpose.

(2)

This clause does not prohibit—

• (a)

  the cleaning of fish while on a vessel if the fish (including any parts that are removed or discarded) are retained on the vessel, or

• (b)

  the cleaning of fishing gear while on a vessel.

(3)

In this clause—

Minnie Water Lagoon means the tidal waters and tidal lands between 29° 46′ 20.61″S, 153° 17′ 55.57″E and 29° 46′ 37.36″S, 153° 18′07.60″E, extending seawards to include the exposed rocky reef.

cll 2.11–2.15 (previously sch 1, pt 1, cll 11–15): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

2.12Aquaculture

Despite clause 1.18 (Aquaculture) of this Regulation, aquaculture is not permissible in the habitat protection zone of the marine park.

cll 2.11–2.15 (previously sch 1, pt 1, cll 11–15): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

Division 4General use zone

pt 2, div 4 (previously sch 1, Part 1, Div 4): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

2.13Description of general use zone

The general use zone of the marine park is comprised of all parts of the marine park that are not included in the sanctuary zone, the habitat protection zone or the special purpose zone.

cll 2.11–2.15 (previously sch 1, pt 1, cll 11–15): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

2.14Taking of seaweed permitted(1)

A person may take seaweed from a beach (if any) in the general use zone of the marine park.

(2)

This clause applies despite clause 1.19 ((Protection of animals, plants and habitat in general use zone) of this Regulation.

Note—

Clause 1.19 of this Regulation makes it an offence to harm a plant or damage, take or interfere with any part of the habitat in the general use zone except with the consent of the relevant Ministers.

cll 2.11–2.15 (previously sch 1, pt 1, cll 11–15): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

2.15Fishing permitted(1)

A person may take fish in the general use zone of the marine park if the taking of the fish, and the method used to take the fish, is lawful under the Fisheries Management Act 1994.

(2)

This clause is subject to the other provisions of this Part. Accordingly, this clause is not to be construed as authorising any fishing activity that would contravene another provision of this Part.

Note—

Division 6 sets out some general restrictions on fishing in the marine park. Those provisions apply to the general use zone.

cll 2.11–2.15 (previously sch 1, pt 1, cll 11–15): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

Division 5Special purpose zone

pt 2, div 5 (previously sch 1, Part 1, Div 5): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

2.16Description of special purpose zones

The special purpose zones of the marine park are comprised of the following areas—

• •Special purpose zone 1 (Sandon River Oyster Aquaculture)

  Special purpose zone 1 (Sandon River Oyster Aquaculture) is comprised of all oyster leases located in the Sandon River as identified in the NSW Fisheries aquaculture database at the commencement of this Part, as shown on map 2.

• •Special purpose zone 2 (Wooli Wooli River Oyster Aquaculture)

  Special purpose zone 2 (Wooli Wooli River Oyster Aquaculture) is comprised of all oyster leases located in the Wooli Wooli River as identified in the NSW Fisheries aquaculture database at the commencement of this Part, as shown on map 4.

• •Special purpose zone 3 (Pipe Clay Lake Habitat Rehabilitation)

  Special purpose zone 3 (Pipe Clay Lake Habitat Rehabilitation) comprises the whole of the tidal waters from the mouth of Pipe Clay Lake, upstream, including all of its creeks, bays and tributaries, as shown on map 6.

• •Special purpose zone 4 (Arrawarra Headland)

  Special purpose zone 4 (Arrawarra Headland) is comprised of the area from the mean high water mark at the northern side of Arrawarra Headland at point 8A at 30° 03′ 34.14″S, 153° 12′ 06.66″E, seaward to point 8B at 30° 03′ 29.03″S, 153° 12′ 02.05″E, approximately 200 metres from the mean high water mark, then follows Arrawarra Headland at 200 metres from the mean high water to point 8C at 30° 03′ 40.30″S, 153° 12′ 14.85″E on the southern side of Arrawarra Headland, then to point 8D at the mean high water mark at Arrawarra Headland at 30° 03′ 34.38″S, 153° 12′ 11.81″E, as shown on map 8.

cll 2.16, 2.17 (previously sch 1, pt 1, cll 16, 17): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

2.17Zone objects(1)

The object of special purpose zone 1 (Sandon River Oyster Aquaculture) and special purpose zone 2 (Wooli Wooli River Oyster Aquaculture) is to provide for the management of aquaculture.

(2)

The object of special purpose zone 3 (Pipe Clay Lake Habitat Rehabilitation) is to provide for rehabilitation, traditional use and research.

(3)

The object of special purpose zone 4 (Arrawarra Headland) is to provide for traditional use and research.

cll 2.16, 2.17 (previously sch 1, pt 1, cll 16, 17): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

2.18Fishing in special purpose zones 1 and 2

A person must not, while in special purpose zone 1 (Sandon River Oyster Aquaculture) or special purpose zone 2 (Wooli Wooli River Oyster Aquaculture)—

• (a)

  take or attempt to take any fish by any method that cannot lawfully be used to take fish in the habitat protection zone of the marine park, or

• (b)

  take or attempt to take any fish that cannot lawfully be taken in the habitat protection zone of the marine park.

Note—

For the relevant restrictions, see clause 1.17 of this Regulation, clauses 2.6 and 2.7 of this Part and table B.

cll 2.18–2.20 (previously sch 1, pt 1, cll 18–20): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

2.19Fishing in special purpose zones 3 and 4

A person must not, while in special purpose zone 3 (Pipe Clay Lake Habitat Rehabilitation) or special purpose zone 4 (Arrawarra Headland), take or attempt to take any fish except with the consent of the relevant Ministers.

cll 2.18–2.20 (previously sch 1, pt 1, cll 18–20): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

2.20Aquaculture

Despite clause 1.24 (Aquaculture) of this Regulation, aquaculture is not permissible in special purpose zone 3 (Pipe Clay Lake Habitat Rehabilitation) or special purpose zone 4 (Arrawarra Headland).

cll 2.18–2.20 (previously sch 1, pt 1, cll 18–20): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

Division 6General prohibitions—fishing

pt 2, div 6 (previously sch 1, Part 1, Div 6): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

2.21Identification of protected species

The following species of fish are identified as protected species for the purposes of clause 1.30 of this Regulation—

• (a)

  species listed in table C,

• (b)

  species the harming of which is prohibited under the Fisheries Management Act 1994.

Note—

Clause 1.30 of this Regulation prohibits a person in a marine park from taking or harming, or attempting to take or harm, any species identified in the marine park’s management rules as a protected species. A contravention of that prohibition is designated as a serious offence.

cl 2.21 (previously sch 1, pt 1, cll 21): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011). Am 2014 (848), Sch 2 [27].

2.22Setlining, purse seine netting and drift-lining

A person must not, while in any part of the marine park, take or attempt to take fish, as follows—

• (a)

  by use of a set line,

• (b)

  by use of a purse seine net,

• (c)

  by use of a drift line.

cll 2.22–2.25 (previously sch 1, pt 1, cll 22–25): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

2.23Beach hauling prohibited at certain times(1)

A person must not, while in any part of the marine park, take or attempt to take fish by the method known as beach hauling—

• (a)

  at night, or

• (b)

  on a Saturday, Sunday or public holiday.

(2)

Despite subclause (1), a shot may be held on a Sunday night, but the net must not be cast during the night.

(3)

In this clause—

night means the period between sunset and sunrise.

cll 2.22–2.25 (previously sch 1, pt 1, cll 22–25): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

2.24Fish trapping

A commercial fisher must not set more than 10 fish traps within the boundaries of the marine park at any one time.

cll 2.22–2.25 (previously sch 1, pt 1, cll 22–25): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

2.25Spearfishing not permitted in estuaries(1)

A person must not take or attempt to take fish from an estuary in the marine park by use or a spear or spear gun.

(2)

In this clause—

estuary means the waters of any lake, river, creek or lagoon that are ordinarily subject to tidal influence.

cll 2.22–2.25 (previously sch 1, pt 1, cll 22–25): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

2.26Wire traces not permitted near South Solitary Island and North Solitary Island(1)

A person must not, while in any part of the marine park that is within 500 metres of the mean high water mark of South Solitary Island or North Solitary Island, take or attempt to take fish, while demersal fishing, using any fishing gear that has attached to it a wire trace.

(2)

This clause does not apply in respect of the use of a wire trace for trolling purposes from a vessel that is underway.

Note—

The purpose of this clause is to protect the grey nurse shark. The use of a wire trace makes it easier to catch and land sharks, and difficult to release them without injury.

cll 2.26–2.28 (previously sch 1, pt 1, cll 26–28): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

2.27Taking fish for aquarium collection prohibited(1)

A person must not, while in any part of the marine park, take or attempt to take any fish for aquarium collection purposes.

(2)

A person does not commit an offence in respect of a contravention of subclause (1) if—

• (a)

  the fish the subject of the charge were taken while in the habitat protection zone or general use zone, and

• (b)

  the activity was not carried out for a commercial purpose, and

• (c)

  the activity was carried out with the consent of the relevant Ministers.

cll 2.26–2.28 (previously sch 1, pt 1, cll 26–28): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

Division 7Domesticated animals

pt 2, div 7 (previously sch 1, Part 1, Div 7): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

cl 2.31 (previously sch 1, pt 1, cl 31): Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2009 No 106, Sch 2.20 [1]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

cl 2.32: Ins 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).

2.28Areas in which domesticated animals prohibited(1)

A person may bring a domesticated animal into the marine park, except as provided by subclause (2).

(2)

A person must not bring a domesticated animal into the following areas—

• (a)

  Sandon Beach,

• (b)

  Minnie Water Back Beach,

• (c)

  North Wooli Beach (adjacent to Yuraygir National Park),

• (d)

  Jones Beach,

• (e)

  Freshwater Beach,

• (f)

  Pebbly Beach,

• (g)

  Station Creek Beach,

• (h)

  Woolgoolga Beach—south of Woolgoolga Lake,

• (i)

  Sandy Beach,

• (j)

  Back Sandy Beach (Fiddamans Beach),

• (k)

  Emerald Beach—south of Fiddamans Creek,

• (l)

  Shelly Beach (Serenity Beach),

• (m)

  Diggers Beach,

• (n)

  Park Beach—north of Coffs Creek.

(3)

Despite subclause (2), a person may bring a domesticated animal into any part of the marine park—

• (a)

  (Repealed)

• (b)

  if the animal remains confined to a vessel, or

• (c)

  with the consent of the relevant Ministers.

(4)

This clause applies despite clause 1.29 (Domesticated animals) of this Regulation.

2018	(223)	Marine Estate Management (Management Rules) Amendment (Prohibited Fishing Activities) Regulation 2018. LW 25.5.2018. Date of commencement, on publication on LW, cl 2.
(261)	Marine Estate Management (Management Rules) Amendment Regulation 2018. LW 15.6.2018. Date of commencement, on publication on LW, cl 2.
2021	(487)	Road Transport (General) Regulation 2021. LW 27.8.2021. Date of commencement, 1.9.2021, sec 2.

Table of amendments

For information concerning Parts 1–4 and Schs 1 and 2 before the commencement of 2009 (416), see the Historical table of amendments below.

Part 1, heading	Ins 2009 (416), Sch 2 [2]. Am 2014 (848), Sch 2 [1].
Part 1, Div 1, heading	Ins 2009 (416), Sch 2 [2].
Cl 1.1 (previously cl 1)	Am 2009 (416), Sch 2 [3]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [2].
Cl 1.2 (previously cl 2)	Renumbered 2009 (416), Sch 2 [26].
Cl 1.3 (previously cl 3)	Am 2009 (416), Sch 2 [4]–[6]. Renumbered 2009 (416), Sch 2 [26]. Am 2011 (29), Sch 1 [1] [2] (disallowed, Legislative Assembly, 26.5.2011); 2014 (848), Sch 2 [3] [4]; 2017 No 63, Sch 4.28 [1].
Cl 1.4 (previously cl 3A)	Renumbered 2009 (416), Sch 2 [26]. Am 2011 (29), Sch 1 [3] (disallowed, Legislative Assembly, 26.5.2011); 2014 (848), Sch 2 [5]–[7].
Cl 1.5 (previously cl 3B)	Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [8].
Cl 1.5A	Ins 2011 (29), Sch 1 [4] (disallowed, Legislative Assembly, 26.5.2011).
Part 1, Div 2, heading	Ins 2009 (416), Sch 2 [7].
Part 1, Div 2, note	Am 2014 (848), Sch 2 [9] [10].
Part 1, Div 2, Subdiv 1, heading	Ins 2009 (416), Sch 2 [8]. Am 2014 (848), Sch 2 [11].
Cl 1.6	Ins 2009 (416), Sch 2 [8]. Am 2014 (848), Sch 2 [12] [13].
Cll 1.7–1.9 (previously cll 5–5C)	Ins 2009 (416), Sch 2 [8]. Renumbered 2009 (416), Sch 2 [26].
Cl 1.10 (previously cl 5D)	Ins 2009 (416), Sch 2 [8]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [14].
Part 1, Div 2, Subdiv 2, heading	Ins 2009 (416), Sch 2 [8].
Cl 1.11 (previously cl 7)	Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [15].
Cl 1.12 (previously cll 8)	Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [16].
Cl 1.13 (previously cl 8A)	Renumbered 2009 (416), Sch 2 [26].
Cl 1.14 (previously cl 9)	Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [14].
Cl 1.15 (previously cl 9A)	Renumbered 2009 (416), Sch 2 [26].
Part 1, Div 2, Subdiv 3, heading	Ins 2009 (416), Sch 2 [10].
Cl 1.16 (previously cl 11)	Am 2009 (416), Sch 2 [11] [12]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [14] [17]; 2017 No 63, Sch 4.28 [2].
Cl 1.17 (previously cl 12)	Am 2009 (416), Sch 2 [13]. Renumbered 2009 (416), Sch 2 [26].
Cl 1.18 (previously cl 13)	Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [14].
Part 1, Div 2, Subdiv 4, heading	Ins 2009 (416), Sch 2 [14].
Cl 1.19 (previously cl 15)	Am 2009 (416), Sch 2 [15]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [17]; 2017 No 63, Sch 4.28 [2].
Cl 1.20 (previously cl 16)	Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [14].
Cl 1.21 (previously cl 17)	Renumbered 2009 (416), Sch 2 [26].
Part 1, Div 2, Subdiv 5, heading	Ins 2009 (416), Sch 2 [16].
Cl 1.22 (previously cl 18A)	Am 2009 (416), Sch 2 [17]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [17]; 2017 No 63, Sch 4.28 [2].
Cl 1.23 (previously cl 18B)	Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [14].
Cl 1.24 (previously cl 18C)	Renumbered 2009 (416), Sch 2 [26].
Part 1, Div 3, heading	Ins 2009 (416), Sch 2 [18].
Cl 1.25 (previously cl 19)	Am 2009 (416), Sch 2 [19]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [14] [17]; 2017 No 63, Sch 4.28 [2].
Cl 1.26 (previously cl 20)	Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [18].
Cll 1.27–1.29 (previously cll 20B–22)	Renumbered 2009 (416), Sch 2 [26].
Cl 1.30 (previously cl 22A)	Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [14] [15].
Cll 1.31–1.34 (previously cll 23–26)	Renumbered 2009 (416), Sch 2 [26].
Cll 1.35–1.37 (previously cll 27–27B)	Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [14].
Cl 1.38 (previously cl 28)	Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [18].
Cl 1.39 (previously cl 29)	Renumbered 2009 (416), Sch 2 [26].
Cl 1.40 (previously cl 30)	Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [14].
Part 1, Div 4, heading	Ins 2009 (416), Sch 2 [21].
Cl 1.41 (previously cl 32N)	Renumbered 2009 (416), Sch 2 [26]. Am 2011 No 22, Sch 2.15. Am 2014 (848), Sch 2 [19] [20].
Cl 1.42 (previously cl 38A)	Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [21].
Part 2 (previously Sch 1, Part 1)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).
Part 2, heading (previously Sch 1, Part 1, heading)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011). Am 2014 (848), Sch 2 [22].
Part 2, note	Transferred 2009 (416), Sch 2 [24]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011). Am 2014 (848), Sch 2 [23].
Part 2, Div 1 (previously Sch 1, Part 1, Div 1)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).
Cl 2.1 (previously Sch 1, Part 1, cll 1)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011). Am 2014 (848), Sch 2 [24] [25].
Cl 2.2 (previously Sch 1, Part 1, cl 2)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011). Am 2018 (261), Sch 1 [1] [2].
Cll 2.3, 2.4 (previously Sch 1, Part 1, cll 3, 4)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).
Part 2, Div 2 (previously Sch 1, Part 1, Div 2)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).
Cl 2.5 (previously Sch 1, Part 1, cl 5)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).
Cl 2.6 (previously Sch 1, Part 1, cl 6)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011). Am 2014 (848), Sch 2 [26]; 2018 (261), Sch 1 [3].
Cll 2.8, 2.9 (previously Sch 1, Part 1, cll 8, 9)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).
Part 2, Div 3 (previously Sch 1, Part 1, Div 3)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).
Cl 2.10 (previously Sch 1, Part 1, cl 10)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).
Cl 2.10A	Ins 2018 (261), Sch 1 [4].
Cll 2.11–2.15 (previously Sch 1, Part 1, cll 11–15)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).
Part 2, Div 4 (previously Sch 1, Part 1, Div 4)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).
Cll 2.16, 2.17 (previously Sch 1, Part 1, cll 16, 17)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).
Part 2, Div 5 (previously Sch 1, Part 1, Div 5)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).
Cll 2.18–2.20 (previously Sch 1, Part 1, cll 18–20)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).
Cl 2.21 (previously Sch 1, Part 1, cll 21)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011). Am 2014 (848), Sch 2 [27].
Cll 2.22–2.25 (previously Sch 1, Part 1, cll 22–25)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).
Part 2, Div 6 (previously Sch 1, Part 1, Div 6)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).
Cll 2.26–2.28 (previously Sch 1, Part 1, cll 26–28)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).
Cl 2.29 (previously Sch 1, Part 1, cl 29)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011). Am 2014 (848), Sch 2 [26].
Cl 2.30 (previously Sch 1, Part 1, cl 30)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011). Am 2014 (848), Sch 2 [18] [26] [28].
Part 2, Div 7 (previously Sch 1, Part 1, Div 7)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).
Cl 2.31 (previously Sch 1, Part 1, cl 31)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2009 No 106, Sch 2.20 [1]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).
Cl 2.32	Ins 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).
Part 2, Div 8 (previously Sch 1, Part 1, Div 8)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).
Cll 2.33–2.35	Ins 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).
Part 2, Div 9 (previously Sch 1, Part 1, Div 9)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).
Part 2, Div 9, Tables	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Rep 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).
Cll 2.36–2.42	Ins 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).
Part 2, Div 10 (previously Sch 1, Part 1, Div 10)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011). Subst 2018 (261), Sch 1 [5].
Part 2, Div 10, Maps	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Rep 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011). Subst 2018 (261), Sch 1 [5].
Cll 2.43, 2.44	Ins 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).
Part 2, Div 11 (previously Sch 1, Part 1, Div 11)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011). Rep 2014 (848), Sch 2 [29].
Cll 2.45–2.48	Ins 2011 (29), Sch 1 [5] (disallowed, Legislative Assembly, 26.5.2011).
Part 3 (previously Sch 1, Part 2)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011).
Part 3, heading (previously Sch 1, Part 2, heading)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011). Am 2014 (848), Sch 2 [30].
Part 3, note (previously Sch 1, Part 2, note)	Transferred 2009 (416), Sch 2 [24]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011). Am 2014 (848), Sch 2 [31].
Part 3, Div 1 (previously Sch 1, Part 2, Div 1)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011).
Cl 3.1 (previously Sch 1, Part 2, cl 1)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011). Am 2014 (848), Sch 2 [24].
Cl 3.2 (previously Sch 1, Part 2, cl 2)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2009 No 106, Sch 2.20 [2]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011).
Cl 3.3 (previously Sch 1, Part 2, cl 3)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011).
Cl 3.4 (previously Sch 1, Part 2, cl 4)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011). Am 2014 (848), Sch 2 [26].
Part 3, Div 2 (previously Sch 1, Part 2, Div 2)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011).
Cl 3.5 (previously Sch 1, Part 2, cl 5)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011). Am 2014 (848), Sch 2 [26].
Cl 3.6 (previously Sch 1, Part 2, cl 6)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011). Am 2014 (848), Sch 2 [26]; 2018 (223), cl 3 (1) (2).
Cl 3.7 (previously Sch 1, Part 2, cl 7)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011). Am 2014 (848), Sch 2 [32].
Cl 3.8 (previously Sch 1, Part 2, cl 8)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011).
Part 3, Div 3 (previously Sch 1, Part 2, Div 3)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011).
Cll 3.9, 3.10 (previously Sch 1, Part 2, cll 9, 10)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011).
Cl 3.11 (previously Sch 1, Part 2, cl 11)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2009 No 106, Sch 2.20 [3]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011).
Part 3, Div 4 (previously Sch 1, Part 2, Div 4)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011).
Cll 3.12–3.14 (previously Sch 1, Part 2, cll 12–14)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011).
Part 3, Div 5 (previously Sch 1, Part 2, Div 5)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011).
Cll 3.15–3.19 (previously Sch 1, Part 2, cll 15–19)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011).
Part 3, Div 6 (previously Sch 1, Part 2, Div 6)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011).
Cl 3.20 (previously Sch 1, Part 2, cl 20)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011).
Cl 3.21 (previously Sch 1, Part 2, cl 21)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011). Am 2014 (848), Sch 2 [27].
Cl 3.22 (previously Sch 1, Part 2, cl 22)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011).
Cll 3.23, 3.24 (previously Sch 1, Part 2, cll 23, 24)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011). Am 2014 (848), Sch 2 [26].
Part 3, Div 7 (previously Sch 1, Part 2, Div 7)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011).
Cl 3.25 (previously Sch 1, Part 2, cl 25)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011). Am 2014 (848), Sch 2 [26].
Cl 3.26 (previously Sch 1, Part 2, cl 26)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011). Am 2014 (848), Sch 2 [18] [26] [33].
Part 3, Div 8 (previously Sch 1, Part 2, Div 8)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011).
Cl 3.27 (previously Sch 1, Part 2, cl 27)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011). Am 2014 (848), Sch 2 [18] [34] [35].
Cll 3.28, 3.29 (previously Sch 1, Part 2, cll 28, 29)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011).
Cll 3.30, 3.31	Ins 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011).
Part 3, Div 9 (previously Sch 1, Part 2, Div 9)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011).
Cll 3.32–3.38	Ins 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011).
Part 3, Div 10 (previously Sch 1, Part 2, Div 10)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011).
Part 3, Div 10, Tables (previously Sch 1, Part 2, Div 10, Tables)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Rep 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011).
Cl 3.39	Ins 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011).
Part 3, Div 11 (previously Sch 1, Part 2, Div 11)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011). Subst 2018 (261), Sch 1 [6].
Part 3, Div 11, Maps (previously Sch 1, Part 2, Div 11, Maps)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Rep 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011). Subst 2018 (261), Sch 1 [6].
Cll 3.40–3.44	Ins 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011).
Part 3, Div 12 (previously Sch 1, Part 2, Div 12)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Rep 2011 (29), Sch 1 [6] (disallowed, Legislative Assembly, 26.5.2011). Rep 2014 (848), Sch 2 [36].
Part 4 (previously Sch 1, Part 3)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Part 4, heading (previously Sch 1, Part 3, heading)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [37].
Part 4, note (previously Sch 1, Part 3, note)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [38].
Part 4, Div 1, heading (previously Sch 1, Part 3, Div 1, heading)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 4.1	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [24].
Part 4, Divs 2–5 (cll 4.2–4.14) (previously Sch 1, Part 3, Divs 2–5 (cll 2–14))	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Part 4, Div 6, heading (previously Sch 1, Part 3, Div 6, heading)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 4.15 (previously Sch 1, Part 3, Div 6, cl 15)

Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [27].
Part 4, Div 7 (cl 4.16) (previously Sch 1, Part 3, Div 7 (cl 16))	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Part 4, Div 8, heading (previously Sch 1, Part 3, Div 8, heading)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Part 4, Div 8, note (previously Sch 1, Part 3, Div 8, note)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [39].
Cll 4.17–4.19 (previously Sch 1, Part 3, Div 8, cll 17–19	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 4.20 (previously Sch 1, Part 3, Div 8, cl 20)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [18] [40].
Cl 4.21 (previously Sch 1, Part 3, Div 8, cl 22)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Part 4, Div 9 (previously Sch 1, Part 3, Div 9)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Part 4, Div 10, heading (previously Sch 1, Part 3, Div 10, heading)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2018 (261), Sch 1 [7].
Part 4, Div 10, Map 1, heading (previously Sch 1, Part 3, Div 10, Map 1, heading)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [41]. Subst 2018 (261), Sch 1 [7].
Part 4, Div 10, Map 1 (previously Sch 1, Part 3, Div 10, Map 1)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2018 (261), Sch 1 [7].
Part 4, Div 10, Maps 2–6 (previously Sch 1, Part 3, Div 10, Maps 2–6)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2018 (261), Sch 1 [7].
Part 5 (previously Sch 1, Part 4)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Part 5, heading (previously Sch 1, Part 4, heading)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [42].
Part 5, Div 1, heading (previously Sch 1, Part 4, Div 1, heading)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 5.1 (previously Sch 1, Part 4, Div 1, cl 1)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [24].
Part 5, Div 2 (previously Sch 1, Part 4, Div 2)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 5.2 (previously Sch 1, Part 4, cl 2)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2018 (261), Sch 1 [8].
Cl 5.3 (previously Sch 1, Part 4, cl 3)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 5.4 (previously Sch 1, Part 4, cl 4)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2009 No 106, Sch 2.20 [4].
Cl 5.5 (previously Sch 1, Part 4, cl 5)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Part 5, Div 3, heading (previously Sch 1, Part 4, Div 3, heading)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 5.6 (previously Sch 1, Part 4, Div 3, cl 6)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2018 (261), Sch 1 [9] [10].
Cl 5.7 (previously Sch 1, Part 4, Div 3, cl 7)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 5.8 (previously Sch 1, Part 4, Div 3, cl 8)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [26].
Cl 5.9 (previously Sch 1, Part 4, Div 3, cl 9)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [26]; 2018 (261), Sch 1 [11].
Cl 5.10 (previously Sch 1, Part 4, Div 3, cl 10)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Part 5, Div 4 (previously Sch 1, Part 4, Div 4)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cll 5.11, 5.12 (previously Sch 1, Part 4, Div 4, cll 11, 12)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 5.13 (previously Sch 1, Part 4, Div 4, cl 13)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2021 (487), Sch 7.5[1] [2].
Cl 5.14 (previously Sch 1, Part 4, Div 4, cl 14)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2013 No 19, Sch 4.41.
Part 5, Divs 5, 6 (cll 5.15–5.19) (previously Sch 1, Part 4, Divs 5, 6 (cll 15–18))	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Part 5, Div 7, heading (previously Sch 1, Part 4, Div 7)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 5.20	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [27].
Part 5, Div 8 (cl 5.21 (previously Sch 1, Part 4, Div 8 (cl 20))	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Part 5, Div 9, heading (previously Sch 1, Part 4, Div 9, heading)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Part 5, Div 9, note (previously Sch 1, Part 4, Div 9, note)	Transferred 2009 (416), Sch 2 [24]. Am 2014 (848), Sch 2 [43].
Cll 5.22, 5.23 (previously Sch 1, Part 4, Div 9, cll 21, 22)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 5.24 (previously Sch 1, Part 4, Div 9, cl 23)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [18] [26] [33].
Part 5, Div 10, heading (previously Sch 1, Part 4, Div 10, heading)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2018 (261), Sch 1 [12].
Part 5, Div 10, Maps 1–5 (previously Sch 1, Part 4, Div 10, Maps 1–5)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2018 (261), Sch 1 [12].
Part 5, Div 10, note (previously Sch 1, Part 4, Div 10, note)	Transferred 2009 (416), Sch 2 [24]. Am 2014 (848), Sch 2 [44]. Rep 2018 (261), Sch 1 [12].
Part 5, Div 11 (previously Sch 1, Part 4, Div 11)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Part 6 (previously Sch 1, Part 5)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Part 6, heading (previously Sch 1, Part 5, heading)	Am 2009 (416), Sch 2 [23]. Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [45].
Part 6, Div 1, heading (previously Sch 1, Part 5, Div 1, heading)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 6.1 (previously Sch 1, Part 5, Div 1, cl 1)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [24].
Cl 6.2 (previously Sch 1, Part 5, Div 1, cl 2)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Part 6, Div 2 (previously Sch 1, Part 5, Div 2)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 6.3 (previously Sch 1, Part 5, cl 3)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [46]; 2018 (261), Sch 1 [13] [14].
Cll 6.2–6.6 (previously Sch 1, Part 5, cll 2–6))	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 6.7 (previously Sch 1, Part 5, cl 7)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2009 No 106, Sch 2.20 [5].
Part 6, Div 3, heading (previously Sch 1, Part 5, Div 3, heading)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 6.8 (previously Sch 1, Part 5, Div 3, cl 8)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2018 (261), Sch 1 [15].
Cl 6.9 (previously Sch 1, Part 5, Div 3, cl 9)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 6.10 (previously Sch 1, Part 5, Div 3, cl 10)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [26].
Cl 6.11 (previously Sch 1, Part 5, Div 3, cl 11)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [26]; 2018 (261), Sch 1 [16].
Cll 6.12–6.14 (previously Sch 1, Part 5, Div 3, cll 11–14)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 6.15 (previously Sch 1, Part 5, Div 3, cl 15)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [47].
Part 6, Div 4, heading (previously Sch 1, Part 5, Div 4, heading)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cll 6.16–6.19 (previously Sch 1, Part 5, Div 4, cll 16–19)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 6.20 (previously Sch 1, Part 5, Div 4, cl 20)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [26].
Cl 6.21 (previously Sch 1, Part 5, Div 4, cl 21)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Part 6, Div 5 (cll 6.22–6.28 (previously Sch 1, Part 5, Div 5 (cll 22–28))	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Part 6, Div 6, heading (previously Sch 1, Part 5, Div 5, heading)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 6.29 (previously Sch 1, Part 5, Div 5, cl 29)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [48].
Cll 6.30–6.33 (previously Sch 1, Part 5, Div 5, cll 30–33)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 6.34 (previously Sch 1, Part 5, Div 5, cl 34)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [27].
Cl 6.35 (previously Sch 1, Part 5, Div 5, cl 35)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Part 6, Div 7 (previously Sch 1, Part 5, Div 7)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Part 6, Div 7, note (previously Sch 1, Part 5, Div 7, note)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [49].
Cll 6.36–6.40 (previously Sch 1, Part 5, Div 7, cll 36–40)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 6.41 (previously Sch 1, Part 5, Div 7, cl 41)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [18] [33].
Part 6, Div 8 (previously Sch 1, Part 5, Div 8)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2018 (261), Sch 1 [17].
Part 6, Div 8, note (previously Sch 1, Part 5, Div 8, note)	Transferred 2009 (416), Sch 2 [24]. Am 2014 (848), Sch 2 [50]. Subst 2018 (261), Sch 1 [17].
Part 6, Div 8, Map 1, heading (previously Sch 1, Part 5, Div 8, Map 1, heading)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [51]. Subst 2018 (261), Sch 1 [17].
Part 6, Div 8, Map 1 (previously Sch 1, Part 5, Div 8, Map 1)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2018 (261), Sch 1 [17].
Part 6, Div 8, Maps 2–29 (previously Sch 1, Part 5, Div 8, Maps 2–29)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Subst 2018 (261), Sch 1 [17].
Part 6, Div 9 (previously Sch 1, Part 5, Div 9)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Part 7 (previously Sch 1, Part 6)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [52].
Part 7, Div 1, heading (previously Sch 1, Part 6, Div 1, heading)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 7.1 (previously Sch 1, Part 6, Div 1, cl 1)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [24].
Part 7, Div 2 (previously Sch 1, Part 6, Div 2)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 7.2 (previously Sch 1, Part 6, cl 2)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2018 (261), Sch 1 [18]–[21].
Cll 7.3, 7.4 (previously Sch 1, Part 6, cll 3, 4)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 7.5 (previously Sch 1, Part 6, cl 5)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2009 No 106, Sch 2.20 [5].
Part 7, Div 3, heading (previously Sch 1, Part 6, Div 3, heading)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 7.6 (previously Sch 1, Part 6, Div 3, cl 6)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2018 (261), Sch 1 [22]–[26].
Cl 7.7 (previously Sch 1, Part 6, Div 3, cl 7)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 7.8 (previously Sch 1, Part 6, Div 3, cl 8)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [26] [33].
Cl 7.9 (previously Sch 1, Part 6, Div 3, cl 9)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [26] [33]; 2018 (261), Sch 1 [27].
Cll 7.10, 7.11 (previously Sch 1, Part 6, Div 3, cll 10, 11)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Part 7, Divs 4, 5 (cll 7.12–7.20) (previously Sch 1, Part 6, Divs 4, 5 (cll 12–20))	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Part 7, Div 6, heading (previously Sch 1, Part 6, Div 6, heading)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cll 7.21–7.24 (previously Sch 1, Part 6, Div 6, cll 21–24)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 7.25 (previously Sch 1, Part 6, Div 6, cl 25)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [48].
Part 7, Div 7 (previously Sch 1, Part 6, Div 7)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 7.26	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [27].
Part 7, Div 8 (cl 7.27 (previously Sch 1, Part 6, Div 8 (cl 27))	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Part 7, Div 9 (previously Sch 1, Part 7, Div 9)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Part 7, Div 9, note (previously Sch 1, Part 7, Div 9, note)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [53].
Cl 7.28 (previously Sch 1, Part 7, Div 9, cl 28)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26].
Cl 7.29 (previously Sch 1, Part 7, Div 9, cl 29)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2014 (848), Sch 2 [18] [26].
Part 7, Div 10 (previously Sch 1, Part 7, Div 10)	Transferred 2009 (416), Sch 2 [24]. Renumbered 2009 (416), Sch 2 [26]. Am 2018 (261), Sch 1 [28].
The whole Regulation	Am 2009 (416), Sch 2 [26] (cross-references in the Regulation to a renumbered cl renumbered).

Historical table of amendments

This table contains information concerning Parts 1–4 and Schs 1 and 2 before the commencement of 2009 (416).

Cl 3	Am 31.7.2002; 26.11.2004; 2006 (215), Sch 1 [1]; 2007 (118), Sch 1 [1] [2]; 2007 (119), Sch 1 [1].
Cll 3A, 3B	Ins 31.7.2002.
Cl 4	Rep 2009 (416), Sch 2 [7].
Part 2, note	Ins 31.7.2002.
Cl 5	Rep 2009 (416), Sch 2 [8].
Cl 6	Rep 2009 (416), Sch 2 [9].
Cl 7	Am 31.7.2002; 1.10.2002; 26.11.2004; 2006 (215), Sch 1 [2].
Cl 8A	Ins 31.7.2002. Am 1.10.2002.
Cl 9	Am 31.7.2002; 26.11.2004.
Cl 9A	Ins 26.11.2004. Subst 2006 (215), Sch 1 [3].
Cl 10	Rep 2009 (416), Sch 2 [9].
Cl 11	Am 31.7.2002; 1.10.2002; 2006 (215), Sch 1 [4]; 2007 (118), Sch 1 [3].
Cl 12	Am 31.7.2002; 1.10.2002.
Cl 13	Subst 31.7.2002.
Cl 14	Rep 2009 (416), Sch 2 [9].
Cl 15	Am 31.7.2002; 1.10.2002; 2006 (215), Sch 1 [5]; 2007 (118), Sch 1 [4].
Cl 16	Am 31.7.2002; 1.10.2002; 2006 (215), Sch 1 [6].
Cl 17	Am 31.7.2002.
Cl 18	Am 31.7.2002. Rep 2009 (416), Sch 2 [9].
Cl 18A	Ins 31.7.2002. Am 1.10.2002; 2006 (215), Sch 1 [7] [8]; 2007 (118), Sch 1 [5].
Cl 18B	Ins 31.7.2002. Am 1.10.2002; 2006 (215), Sch 1 [9] [10].
Cl 18C	Ins 31.7.2002.
Cl 19	Am 31.7.2002; 1.10.2002; 2006 (215), Sch 1 [11] [12]; 2007 (118), Sch 1 [6]–[12].
Cl 20	Am 31.7.2002; 26.11.2004; 2006 (215), Sch 1 [13]; 2007 (119), Sch 1 [2].
Cl 20A	Ins 26.11.2004. Rep 2009 (416), Sch 2 [20].
Cl 20B	Ins 2006 (215), Sch 1 [14].
Cl 22	Am 31.7.2002; 1.10.2002; 2007 (118), Sch 1 [13]; 2007 (119), Sch 1 [3].
Cl 22A	Ins 26.11.2004. Am 2007 (119), Sch 1 [4].
Cl 23	Am 31.7.2002.
Cl 24	Am 31.7.2002; 1.10.2002; 26.11.2004.
Cl 24A	Ins 26.11.2004.
Cl 25	Rep 2009 (416), Sch 2 [20].
Cl 26	Am 31.7.2002; 1.10.2002.
Cl 27	Am 31.7.2002; 26.11.2004; 2007 (118), Sch 1 [14] [15].
Cl 27A	Ins 31.7.2002. Am 26.11.2004.
Cl 27B	Ins 31.7.2002.
Cl 28	Am 31.7.2002.
Cll 29, 30	Rep 2.3.2001. Ins 26.11.2004.
Part 3, Div 2	Rep 2.3.2001.
Part 3A	Ins 26.11.2004.
Part 3A, note	Ins 26.11.2004. Rep 2009 (416), Sch 2 [22].
Cll 31, 32	Rep 2.3.2001. Ins 26.11.2004. Rep 2009 (416), Sch 2 [22].
Cll 32A–32K	Ins 26.11.2004. Rep 2009 (416), Sch 2 [22].
Cl 32L	Ins 26.11.2004. Am 2006 (215), Sch 1 [15]. Rep 2009 (416), Sch 2 [22].
Cl 32M	Ins 26.11.2004. Rep 2009 (416), Sch 2 [22].
Cl 32N	Ins 26.11.2004. Am 2007 (118), Sch 1 [16]; 2007 (119), Sch 1 [5].
Cl 33	Am 26.11.2004. Rep 2009 (416), Sch 2 [22].
Cl 33A	Ins 26.11.2004. Rep 2009 (416), Sch 2 [22].
Cl 34	Am 31.7.2002; 26.11.2004. Rep 2009 (416), Sch 2 [22].
Cl 35	Rep 31.7.2002.
Cl 36	Rep 2009 (416), Sch 2 [22].
Cl 37	Subst 31.7.2002. Rep 26.11.2004.
Cl 37AA	Ins 1.10.2002. Rep 26.11.2004.
Cl 37A	Ins 31.7.2002. Rep 26.11.2004.
Cl 38A	Ins 31.7.2002. Am 1.10.2002.
Cl 38B	Ins 31.7.2002. Rep 2009 (416), Sch 2 [22].
Cl 39	Rep 2009 (416), Sch 2 [22].
Cl 40	Subst 2.3.2001. Rep 2009 (416), Sch 2 [22].
Sch 1	Am 31.7.2002; 1.10.2002; 2003 No 40, Sch 2.19; 26.11.2004; 2006 (215), Sch 1 [16]–[29]; 2007 (118), Sch 1 [17]–[28]; 2007 (119), Sch 1 [6]–[11]; 2007 No 27, Sch 4.17 [1] [2]; 2007 No 82, Sch 2.8; 2008 (189), Sch 1.3. Parts 1–6 transferred as Parts 2–7 of the Regulation, 2009 (416), Sch 2 [24]. Rep 2009 (416), Sch 2 [25].
Sch 2, heading	Am 31.7.2002. Rep 2009 (416), Sch 2 [25].
Sch 2	Am 31.7.2002; 1.10.2002; 26.11.2004; 2006 (215), Sch 1 [30]–[59]. Rep 2009 (416), Sch 2 [25].
The whole Regulation (all Part and Div headings, except Schs 1, 2)	Rep 2009 (416), Sch 2 [1].