Marine Parks Act 1997 Proclamation declaring areas to be marine parks (1998-5) [GG No 1 of 2.1.1998, p 7] (NSW)

1998 No 5

New South Wales

MARINE PARKS ACT 1997—PROCLAMATION

(L.S.) GORDON SAMUELS, Governor.

I, the Honourable Gordon Samuels AC, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of sections 6 and 7 of the Marine Parks Act 1997, and with the consent of the Minister for Land and Water Conservation, do by this my Proclamation, declare the areas described in Parts 2 and 3 of the Schedule below to be marine parks for the purposes of that Act.

The area described in Part 2 of the Schedule is to be known as “Jervis Bay Marine Park”, and the area described in Part 3 of the Schedule is to be known as “Solitary Islands Marine Park”.

Signed and sealed at Sydney, this 17th day of December 1997.

By His Excellency’s Command,

PAM ALLAN

Minister for the Environment.

BOB MARTIN

Minister for Fisheries.

GOD SAVE THE QUEEN!

Published in Gazette No 1 of 2 January 1998, page 7 Page 1

1998 No 5

Marine Parks Act 1997—Proclamation

Schedule	Definitions
Schedule
Part 1	Definitions

In this Schedule:

MHWM means mean high water mar

tidal waters means any area of waters of the sea or subject to
tidal influence.
tidal lands means any area of land that is covered from time to
time by tidal waters, and that is above the lowest astronomical

tide level.

tidal limit means to the limit of tidal influence at mean high

water mark.
Latitudes and longitudes referred to in this Schedule are latitudes
and longitudes determined by reference to the Australian

Geodetic Datum 1966 (AGD66).

Part 2 Description of the area to be known as
Jervis Bay Marine Park

The Jervis Bay Marine Park comprises all Crown lands (except any occupied Crown land if the occupier concerned has not consented to it forming part of the Park) beneath tidal and coastal waters including Jervis Bay and its tidal tributaries to MHWM, within the area set out below:

(a)	commencing at a point at MHWM at the northern most point of Kinghorn Point reef on Warrain Beach (34°57'54"S, 150°46'42"E),
(b)	then due east to a position at 34°57'54"S, 150°47'12"E being 500 metres seaward of the territorial sea baseline (declared under section 7 of the Seas and Submerged Lands Act 1973 of the Commonwealth in the Commonwealth of Australia Gazette S29 of 9 February 1983) at the northern most point of Kinghorn Point reef on Warrain Beach,
(c)	then generally in a south-easterly direction to a position at 34°59'36"S, 150°50'30"E being 1500 metres due north of
the most northerly point at Little Beecroft Head,

1998 NO 5

Marine Parks Act 1997—Proclamation

Schedule

then generally in a south-easterly direction to a position at 35°00'54"S, 150°52'00"E being a point 1500 metres due east of the most easterly point at the territorial sea baseline of Beecroft Head,

then generally in a southerly direction to a position at 35°04'36"S, 150°51'00"E being a point 1500 metres due east of the most easterly point at the territorial sea baseline of Crocodile Head,

then generally in a south-westerly direction to a position at 35°06'36"S, 150°48'18"E being a point 1500 metres due south of the most southerly point at the territorial sea baseline of Point Perpendicular,

then generally in a southerly direction to a position at 35°10'18"S, 150°46'18"E being a point 1500 metres due east of the most easterly point at the territorial sea baseline of Cape St George,

then generally in a south-westerly direction to a position at 35°12'54"S, 150°41'42"E being a point 1500 metres due south of the most southerly point at the territorial sea baseline of St Georges Head,

then generally in a south-westerly direction to a position at 35°11'6"S, 150°35'42"E being a point at MHWM of the most southerly point of Bherwerre Beach,

Bherwerre Beach, Bherwerre Peninsula and all its tidal then generally north along the coast at MHWM of

tributaries, Bowen Island, Jervis Bay and all its tidal

tributaries, Beecroft Peninsula and all its tidal tributaries, Currarong Beach, and Kinghorn Point reef, to the point of commencement described in paragraph (a) above.

Part 3	Description of the area to be known as
Solitary Islands Marine Park

The Solitary Islands Marine Park comprises all Crown lands (except any occupied Crown land if the occupier concerned has not consented to it forming part of the Park) beneath tidal and coastal waters to MHWM, within the area set out below:

(a) commencing at a point at MHWM at the most easterly point of Plover Island (29°40'24"S, 153°19'49''E),

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1998 No 5

Marine Parks Act 1997—Proclamation

Schedule

(b)	then along a line drawn along latitude 29°40'24"S, to a point 3 nautical miles due east of the territorial sea baseline (declared under section 7 of the Seas and Submerged Lands Act 1973 of the Commonwealth in the Commonwealth of Australia Gazette S29 of 9 February 1983),
(c)	then generally in a southerly direction, including all coastal waters within 3 nautical miles of the territorial sea baseline of the coast, and within 3 nautical miles of the territorial sea baseline of North West Rock, North Solitary Island, North Rock, North West Solitary Island, South West Solitary Island, South Solitary Island and Split Solitary Island, to a point 3 nautical miles due east of the territorial sea baseline at the eastern most point of Muttonbird Island,
(d)	then along a line drawn along latitude 30°18'25"S, to a point at MHWM of the eastern most point of Muttonbird Island (30°18'25"S, 153°9'12"E),
(e)	then generally in a northerly direction along the coast at MHWM, including all rivers, estuaries, bays, lagoons and inlets upstream to their tidal limit, and tidal lands, including Plover Island, to the point of commencement described in paragraph (a) above.