Marine Parks Amendment (Jervis Bay) Regulation 2002 (NSW)
2002 No 736
| Marine Parks Amendment (Jervis Bay) | New South Wales |
Regulation 2002
under the
Marine Parks Act 1997
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Marine Parks Act 1997.
| ANDREW REFSHAUGE, M.P., | EDWARD OBEID, M.L.C., |
| Minister for the Environment | Minister for Fisheries |
| Explanatory note |
The Marine Parks Act 1997 and the Marine Parks Regulation 1999 (the Principal Regulation) provide for the classification of areas within marine parks for different uses by means of zoning plans. Currently, the Principal Regulation provides for four zones in marine parks (a sanctuary zone, a habitat protection zone, a general use zone and a special purpose zone) and sets out objects and special provisions applying to those zones.
The object of this Regulation is to provide for a zoning plan for the Jervis Bay Marine Park. The zoning plan, which is to be included in Schedule 1 to the Principal Regulation, divides the Jervis Bay Marine Park into the various zones and contains special provisions regulating and prohibiting the carrying out of certain activities in those zones.
This Regulation also amends the Principal Regulation to make further provision for the management of marine parks. For example, provision is made for the relevant Ministers to only give consent to the carrying out of activities that harm animals, plants or habitats in marine parks for research, environmental protection, public health or public safety purposes or, in certain special purpose zones, for the purpose of satisfying personal, domestic or non-commercial communal needs of Aboriginal people. Provision is also made to remove the requirement for consent under the
Published in Gazette No 160 of 1 October 2002, page 8501 Page 1
[48]
2002 No 736
Marine Parks Amendment (Jervis Bay) Regulation 2002
Explanatory note
Principal Regulation to the carrying out of development or an activity in a marine park if consent or approval with respect to the development or activity has been given under the Environmental Planning and Assessment Act 1979. Furtherdefence provisions are also included in the Principal Regulation.
This Regulation is made under the Marine Parks Act 1997, including sections 15,
16, 17 and 48 (the general regulation-making power).
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| Marine Parks Amendment (Jervis Bay) Regulation 2002 | Clause 1 |
| Marine Parks Amendment (Jervis Bay) Regulation 2002 |
1 Name of Regulation
This Regulation is the Marine Parks Amendment (Jervis Bay)
Regulation 2002.
2 Amendment of Marine Parks Regulation 1999
The Marine Parks Regulation 1999 is amended as set out in
Schedule 1.
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| Schedule 1 | Amendment of Marine Parks Regulation 1999 |
(Clause 2)
[1] Clause 7 Protection of animals, plants and habitat in sanctuary zone
Insert at the end of clause 7:
(2) Consent is only to be given under subclause (1) for research, environmental protection, public health or public safety purposes.
[2] Clause 8A Dredging and beach replenishment activities not permitted in sanctuary zone
Omit “Subclause (3) does prevent” from clause 8A (4).
Insert instead “Subclause (3) does not prevent”.[3] Clause 11 Protection of animals, plants and habitat in habitat protection zone
Insert at the end of clause 11:
(2) Consent is only to be given under subclause (1) for research, environmental protection, public health or public safety purposes.
[4] Clause 12 Limited fishing activities in habitat protection zone
Insert after clause 12 (3):
(3AA) Consent is only to be given under subclause (3) for research, environmental protection, public health or public safety purposes. [5] Clause 15 Protection of animals, plants and habitat in general use zone
Insert at the end of clause 15:
(2)
Consent is only to be given under subclause (1) for research, environmental protection, public health or public safety purposes.
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[6] Clause 16 Limited fishing activities in general use zone
Insert after clause 16 (3):
(4) Consent is only to be given under subclause (3) for research, environmental protection, public health or public safety purposes.
[7] Clause 18A Protection of animals, plants and habitat in special purpose zone
Insert at the end of clause 18A:
(2) Consent is only to be given under subclause (1) for research, environmental protection, public health or public safety purposes. (3) Despite subclause (2), if the objects of the special purpose zone include providing for traditional use of the area, consent may be given for the purpose of satisfying personal, domestic or non-commercial communal needs of Aboriginal people.
[8] Clause 18B Limited fishing activities
Insert after clause 18B (2):
(3) Consent is only to be given under subclause (2) for research, environmental protection, public health or public safety purposes. (4) Despite subclause (3), if the objects of the special purpose zone include providing for traditional use of the area, consent may be given for the purpose of satisfying personal, domestic or non-commercial communal needs of Aboriginal people.
[9] Clause19Possessionofanimalsorplantstakenillegallyorof equipment used to take animals or plants
Omit clause 19 (3) (d). Insert instead:
(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.
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[10] Clause 22 Domesticated animals
Insert after clause 22 (1):
(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.
[11] Clause 24 Commercial activities
Insert after clause 24 (2):
(3) A person does not commit an offence against this clause if the person carries out an activity described in subclause (1) (a), (b) or (c) in a marine park without the consent of the relevant Ministers within 12 months after the declaration of the marine park.
[12] Clause 26 Organised sporting, educational and recreational activities
Insert at the end of clause 26:
(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.
[13] Clause 37AA
Insert after clause 37:
37AA Consent by relevant Ministers not required for certain acts
(1)
A provision of this Regulation (other than clause 7, 8A, 11, 12, 15, 16, 18A or 18B) does not require the consent of the relevant Ministers to the doing of any act if planning approval has been given with respect to that act.
(2) In this clause: planning approval means:
(a) developmentconsentunder the Environmental Planning
and Assessment Act 1979, or
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(b) approval of a determining authority under Part 5 of the Environmental Planning and Assessment Act 1979. Note. Section 19 of the Act make specific provision in relation to the application of the Environmental Planning and Assessment Act 1979 to development within marine parks.
[14] Clause 38A Defences relating to harm to animals, plants or habitat
Omit clause 38A (1). Insert instead:
(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.
[15] Clause 38A (2)
Omit “in connection with the lawful taking of animals or plants”.
Insert instead “in connection with a lawful activity”.[16] Schedule 1 Zoning plans for marine parks
Insert at the end of Schedule 1:
Part 2 Jervis Bay Marine Park Zoning Plan
Note. The GPS coordinates used to describe the boundaries of the Jervis Bay Marine Park in Part 1 of Schedule 4 to the Act 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.
Division 1 Preliminary 1 Definitions
(1) In this Part:
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extensive aquaculture has the same meaning as it has in the
Fisheries Management (Aquaculture) Regulation 2002.
intensive aquaculture has the same meaning as it has in the
Fisheries Management (Aquaculture) Regulation 2002.
map means a map set out in Division 11.
marine park means the Jervis Bay Marine Park, as described
in Part 1 of Schedule 4 to the Act.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.
set line has the same meaning as it has in the Fisheries
Management (General) Regulation 2002.table means a table set out in Division 10.
(2)
In this Part, a reference to a net or trap is a reference to that net or trap as described under the Fisheries Management Act 1994.
Division 2 Sanctuary zones 2 Description of sanctuary zones
The sanctuary zones of the marine park are comprised of the following areas:
Hammer Head
From point 2A at 34E 58N 34OS, 150E 47N 09OE 500 metres due east of the southern side of Bulls Waterhole, then generally south following the shoreline at 500 metres from the mean high water mark to point 2B at 34E 59N 18OS, 150E 47N 29OE, then due east approximately 0.9 km to point 2C at 34E 59N 18OS, 150E 48N 03OE, then due south approximately 1.2 kilometres to point 2D at 34E 59N 59OS, 150E 48N 03OE then due west to point 2E at the intersection of 34E 59N 59OS latitude and the mean high water mark, then generallynorth following the mean high water mark to point 2F intersecting 34E 58N 34OS latitude, returning to point 2A, as shown on map 2.
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Blacks Cave Creek
The whole of the tidal waters and tidal lands of Blacks Cave Creek, including all its creeks, bays and tributaries upstream of the intersection of 35E 01N 10OS latitude and the mean high water mark on the western bank at point 3A and the eastern bank at point 3B, as shown on map 3.
Drum and Drum Sticks
From the mean high water mark to 50 metres seaward around
Drum and Drum Sticks, as shown on map 4.
Point Perpendicular—Crocodile Head
From point 5A at the intersection of 35E 04N 35OS latitude and the marine park boundary, approximately 1.5 kilometres east of the mean high water mark of the south-eastern extremity of Crocodile Head, then generally south-west approximately 3 kilometres to point 5B at the intersection of 35E 05N 41OS latitude and the marine park boundary, then due west to the southern extremity of Point Perpendicular to point 5C at the intersection of 35E 05N 41OS latitude and the mean high water mark, then generally north-east following the mean high water mark to point 5D intersecting 35E 04N 35OS latitude, returning to point 5A, as shown on map 5.
The Docks
From point 6A at 35E 04N 59OS, 150E 47N 45OE, then generally north-west on a bearing of 312E to the intersection of the mean high water mark at point 6B (on the southern extremity of the headland, approximately 400 metres west of Bream Creek - Boat Harbour), then generally south-east following the mean high water mark to point 6C (on the northern side of Gardeners Gully), at the intersection of a bearing of 132E from point 6A, including all creeks, bays and tributaries to the mean high water mark and the tidal limits then, returning generally north-west to point 6A, as shown on map 6.
Groper Coast
From point 7A at 35E 03N 34OS, 150E 46N 21OE, then due east 300 metres to point 7B intersecting 35E 03N 34O S latitude and the mean high water mark (approximately 200 metres south of Honeymoon Bay), then generally south following the shoreline at the mean high water mark to the southern-most part of Dart Point to point 7C intersecting 35E 04N 43OS latitude, then 300
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metres due west to point 7D at 35E 04N 43OS, 150E 46N 11OE then generally north at a distance of 300 metres from the mean high water mark returning to point 7A, as shown on map 7.
Hare Bay
From point 8A at 35E 01N 42OS, 150E 44N 57OE (approximately 3.3 kilometres west of “the Ladders”), then approximately 4.1 kilometres due north to the mean high water mark at Red Point at point 8B intersecting 150E 44N 57OE longitude, then following the mean high water mark generally south-east, including all creeks, bays and tributaries of Carama Inlet to the mean high water mark and to the tidal limits, to point 8C intersecting 35E 01N 42OS latitude at “the Ladders”, approximately 250 metres south of Montagu Point, then due west returning to point 8A, as shown on map 8.
Wowly Gully
From the mean high water mark on the western bank of Wowly Gully at point 9A at 34E 59N 43OS, 150E 43N 42OE then generally north-east to the mean high water mark on the eastern bank to point 9B at 34E 59N 42OS, 150E 43N 45OE including all creeks, bays and tributaries to the mean high water mark and tidal limits, as shown on map 9.
Upper Currambene Creek
The whole of the tidal waters and tidal lands to the mean high water mark of Upper Currambene Creek, including all its creeks, bays and tributaries upstream of the intersection of 150E 38N 37OE longitude and the mean high water mark on the northern bank at point 10A and the southern bank at point 10B, as shown on map 10.
Currambene Creek Mudflats
From a port navigation marker at point 11A at 35E 01N 33OS, 150E 40N 05OE in Currambene Creek, then generally south east to a port navigation marker at point 11B at 35E 01N 34OS, 150E 40N 09OE, then continuing south east to a port navigation marker at point 11C at 35E 01N 36OS, 150E 40N 16OE, then generally south to a port navigation marker at point 11D at 35E 01N 41OS, 150E 40N 21OE, then generally south to a port navigation mark at point 11E at 35E 01N 49OS, 150E 40N 19OE, then generally south to a port navigation maker at point 11F at 35E 01N 52OS, 150E 40N 17OE, then generally south to point
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11G at 35E 02N 01OS, 150E 40N 13OE, then due west to intersect 35E 02N 01OS latitude and the mean high water mark at point 11H (in line with the channel draining the Fish Reserve at the Lady Denman Heritage Complex), then generally north following the mean high water mark to point 11I (approximately 100 metres downstream of the Woollamia Regional Boat Ramp) intersecting with a line bearing 230E from point 11A, then returning generally north east to point 11A, as shown on map 11.
Huskisson
From point 11J at 35E 01N 46OS, 150E 40N 52OE (approximately 1.1 kilometres north east of the southern bank of the entrance to Currambene Creek), then due east approximately 1 km to point 11K at 35E 01N 46OS, 150E 41N 32OE, then due south approximately 1.3 kilometres to point 11L at 35E 02N 28OS, 150E 41N 32OE, then generally south-west approximately 1.3 km to point 11M at 35E 02N 44OS, 150E 40N 43OE, then generally north-west to point 11N at the intersection of a bearing of 325E from point 11M to the mean high water mark, then following the mean high water mark to the southern bank of the entrance to Currambene Creek to point 11O at the intersection of a bearing of 220E from point 11J and the mean high water mark, then returning generally north-east to point 11J, described above, as shown on map 11.
Moona Moona Creek
The whole of the tidal lands and tidal waters to mean high water mark, including all creeks, bays and tributaries of Moona Moona Creek upstream of a line from point 12A 35E 03N 05OS, 150E 40N 27OE (approximately 50 metres upstream of the western side of the road bridge) generally north-west on a bearing of 330E to the intersection of the mean high water mark on the northern bank of Moona Moona Creek at point 12B, then generally south-east on a bearing of 150E to the intersection of the mean high water mark on the southern bank to point 12C, as shown on map 12.
Hyams Beach
From a navigation marker approximately 1 kilometre east of Plantation Point at point 13A at 35E 04N 22OS, 150E 42N 24OE. then due east approximately 2 kilometres to point 13B at 35E 04N 22OS, 150E 43N 44OE, then due south to the intersection of
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150E 43N 44OE longitude and the Commonwealth waters boundary at point 13C, then generally south-west along the Commonwealth boundary to the intersection of HMAS Creswell special purpose zone at point 13D, described below, then following the boundary of the special purpose zone to point 13E, described below, at the intersection of the Commonwealth waters boundary, then generally northwards following the shoreline at a distance of 100 metres from the mean high water mark along Sailors Beach, Hyams Beach and Chinamans Beach to point 13F at an intersection with 35E 05N34OS latitude, then due west 100 metres to point 13G at the intersection of 35E 05N 34OS latitude and the mean high water mark, then generally north following the mean high water mark to point 13H at the intersection of a bearing of 240E from point 13A and the mean high water mark, then returning to point 13A, described above, as shown on map 13.
Bowen Island
From point 14A,100 metres due east of the mean high water mark at “the Tumbledown” on latitude 35E 07N 10OS, then generally south-west at a distance of 100 metres from the mean high water mark then the Commonwealth waters boundary to point 14B at the intersection with the mean high water mark on Governor Head, then generally north following the shoreline at the mean high water mark to point 14C at the intersection of the mean high water mark and the Commonwealth waters boundary, then following the Commonwealth boundary generally north-east and at the mean high water mark on Bowen Island to point 14D at the intersection of the mean high water mark and 35E 07N 10OS latitude, then returning to point 14A, described above, as shown on map 14.
St Georges Head—Steamers Head
From point 15A due south of the eastern extremity of Steamers Head at the intersection of 150E 44N 18 longitude and the marine park boundary, then generally south-west following the marine park boundary to point 15B at 35E 12N 48.3OS, 150E 41N 46.2OE, then due north to St Georges Head to point 15C at the intersection of 150E 41N 46.2OE longitude and the mean high water mark, then following the mean high water mark generally north-east to the eastern extremity of Brooks Rock to point 15D at the intersection of 35E 10N 44OS latitude and the
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mean high water mark, then on a bearing of 89E to the western extremity of Steamers Head to intersect with mean high water mark at point 15E, then following the shoreline at the mean high water mark to the eastern extremity of Steamers Head to point 15F at the intersection of 150E 44N 18OE longitude and the mean high water mark, then returning to point 15A, described above, as shown on map 15.
Division 3 Habitat protection zone 3 Description of habitat protection zones
The habitat protection zone of the marine park is comprised of all parts of the marine park that are not included in a sanctuary zone, general use zone or special purpose zone.
4 Taking of certain plants permitted
Note. Clause 11 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 or in accordance with the zoning plan for the marine park. This clause makes it clear that taking of sea lettuce, baitweed and seaweed is permitted in the habitat protection zone.
(1) A person may take 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 applies despite clause 11 (Protection of animals, plants and habitat in habitat protection zone) of this Regulation. Note. The taking of plants in a habitat protection zone of the marine park is subject to the provisions of the Fisheries Management Act 1994 and the regulations under that Act. 5 Permitted fishing activities
Note. Clause 12 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 zoning plan for a marine park. This clause sets out such permitted fishing activities (in addition to those described in clause 12).
(1)
Clause 12 (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
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subclause is not to be construed as authorising any fishing
activity that would contravene a provision of this Part.
(2) Subject to clause 6 of this Part, the following fishing activities are permitted in the habitat protection zone of the marine park:
(a) Netting 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.
(b) Bait trapping 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) Fish trapping The taking of fish by the use of a fish trap.
(d) Eel trapping The taking of eels by use of an eel trap.
(e) Lobster trapping The taking of lobsters by use of a trap.
(f) Crab trapping The taking of mud crabs and blue swimmer crabs by use of a trap.
Note. The taking of fish in a habitat protection zone of the marine park is subject to the provisions of the Fisheries Management Act 1994 and the regulations under that Act.
6 Prohibited fishing activities
Note.
1 Clause 12 (2) of this Regulation makes it an offence to take or attempt to take fish while in the habitat protection zone unless the person complies with any restrictions imposed on that activity by the zoning plan for the marine park. This clause imposes such restrictions.
2 Clause 12 (3) of this Regulation provides that a person does not commit an offence under clause 12 for anything done with the consent of the relevant Ministers.
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(1) A person must not, while in the habitat protection zone, take or
attempt to take:
(a) any fish the harming of which is prohibited under the Fisheries Management Act 1994, or (b) any fish of a species not listed in table B. (2) A person must not, while in the habitat protection zone, take or
attempt to take a fish by the use of any hauling net unless:
(a) the person holds a permit issued under section 37 of the Fisheries Management Act 1994 that expressly permits commercial hauling at a location that is in a habitat protection zone in the marine park and the person was first issued with a permit of that kind within 12 months after the commencement of this subclause, and (b) the person is taking or attempting to take fish at one of the following beaches: (i) Currarong Beach (outside the sanctuary zone),
(ii) Long Beach (outside the sanctuary zone),
(iii) North Western Hare Bay Beach (between Wowly Gully and Red Point),
(iv) Callala Beach (but not within 300 metres of Currambene Creek),
(v) Whiting Beach,
(vi) Mary Beach,
(vii) Bherwerre Beach (but not within 300 metres of the north-eastern end of the beach).
(3) A person must not, in the habitat protection zone, take or attempt to take fish by the method known as gar fish net (hauling) or bull ringing unless:
(a) the person holds a permit issued under section 37 of the Fisheries Management Act 1994 that expressly permits gar fishing at a location that is in a habitat protection zone in the marine park and the person was first issued with a permit of that kind within 12 months after the commencement of this subclause, and (b) the person is taking gar fish only in one of the following areas:
(i)
Longnose Point to the western edge of The Docks sanctuary zone,
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(ii) between Currarong Creek and Gum Getters Inlet.
(4) A person must not, in the habitat protection zone, take or attempt to take fish by use of a submersible lift net (bait) unless:
(a) the person holds a permit issued under section 37 of the Fisheries Management Act 1994 that expressly permits the taking of fish by use of a submersible lift net (bait) at a location that is in a habitat protection zone in the marine park and the person was first issued with a permit of that kind within 12 months after the commencement of this subclause, and (b) the person takes the fish for use as bait by the fisher (and not for the purposes of sale), and (c) the person is taking or attempting to take the fish in a designated area described in table E. (5) A person must not, in the habitat protection zone, take or attempt to take fish by use of a purse seine net unless:
(a) the person holds a permit issued under section 37 of the Fisheries Management Act 1994 that expressly permits the taking of fish by use of a purse seine net at a location that is in a habitat protection zone in the marine park, and (b) the fish are taken for use as bait by the fisher (and not for the purposes of sale), and (c) the person takes or attempts to take fish in a designated area described in table E. (6) A person must not, in the Hyams Beach habitat protection zone, take or attempt to take fish by spearfishing.
7 Aquaculture
Despiteclause 13 (Aquaculture) of this Regulation, aquaculture is not permissible in the habitat protection zone of the marine park, except extensive aquaculture of shellfish on long-lines.
Note. The Jervis Bay Marine Park Operational Plan made under Part 4 of the Act provides for operational matters in relation to the carrying out of aquaculture activities in the marine park.
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Division 4 General Use Zone 8 Description of general use zones
The general use zones of the marine park comprise the and the southern boundary of the marine park, then generally north and west following the shoreline at a distance of 2.5 kilometres from the mean high water mark from the southern extremity of St Georges Head around Kittys Point, Blacks Harbour, Shelleys Point, Summercloud Bay, Mary Bay, Cave Beach, Bherwerre Beach and Sussex Inlet to the intersection of 150E 37N 30OE longitude and the boundary of the marine park at point 16E, then returning generally south-east to point 16D, described above, as shown on map 16.
following areas:
From point 16A at 34E 57N 48OS, 150E 47N 16OE, at the
boundary of the marine park, then generally south-east,
following the boundary of the marine park, to point 16B at 34E
59N 30OS, 150E 50N 34OE, then due south to point 16C at 34E
59N 58OS, 150E 50N 34OE, then generally west and north
following the shoreline at a distance of 500 metres from the
mean high water mark, then following the eastern boundary of
Hammer Head sanctuary zone, as described above, then
generally north following the shoreline at a distance of 500
metres from the mean high water mark returning to point 16A,
as described above, as shown on map 16.9 Fishing permitted
(1) A person must not 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 unlawful 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.
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Division 5 Special Purpose Zone 10 Description of special purpose zones
The special purpose zones of the marine park comprise the following areas:
Huskisson Wharf
From point 11H described above, then generally south following the shoreline at the mean high water mark to the entrance of Currambene Creek to point 11O described above, then on a bearing of 337E intersecting the mean high water mark of the northern bank of Currambene Creek at point 11P, then generallynorth following the mean high water mark on the eastern bank of Currambene Creek to point 11Q, at the intersection of 35E 02N 01OS latitude and the mean high water mark, then returning due west to point 11H, as described above, as shown on map 11.
HMAS Creswell
From point 13I 35E 07N 19OS, 150E42N20OE (HMAS Creswell boat harbour)on the Commonwealth boundary, then generally north-east 500 metres following the boundary of Commonwealth waters to point 13D 35E 07N 17OS, 150E 42N 36OE, then generally north then west at approximately 500 metres radius around the HMAS Creswell boat harbour, to point 13E 35E 07N 22OS, 150E 42N 04OE at the intersection of the boundary of Commonwealth waters and Hyams Beach sanctuaryzone, then following the boundaryof Commonwealth waters generally north-east returning to point 13I, described above, as shown on map 13.
11 Zone objects
(1)
The object of the Huskinson Wharf special purpose zone is to provide for the management of boating and wharf related requirements.
(2)
The object of the HMAS Creswell special purpose zone is to provide for the safe operations and maintenance of naval infrastructure.
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12 Permitted fishing activities
(1) A person must not, while in a special purpose zone in the marine park, take, or attempt to take, any fish unless the person is engaging in a permitted fishing activity (as referred to in subclause (2)).
(2) The fishing activities that are permitted in a special purpose zone of the marine park are the fishing activities that are permitted in a habitat protection zone of the marine park, subject to clauses 13 and 15 of this Part. 13 Anchoringvesselsprohibited inHMASCreswell specialpurpose
zoneA person must not anchor a vessel in HMAS Creswell special purpose zone.
14 Aquaculture
Note. Clause 18C of this Regulation permits aquaculture in a special purpose zone of a marine park, but only with the consent of the relevant Ministers.
Aquaculture is not permitted in the Huskisson Wharf special purpose zone or HMAS Creswell special purpose zone.
Division 6 General prohibitions 15 Drift-lining, estuary mesh netting and scallop dredging
A person must not, while in any part of the marine park, take or attempt to fish, as follows:
(a) by use of a drift line, (b) by use of an estuary mesh net, (c) by dredging for scallops. 16 Beach 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.
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(3) In this clause:
night means the period between sunset and sunrise.
17 Fish trapping
A commercial fisher must not set more than 10 fish traps within the boundaries of the marine park at any one time.
18 Spearfishing not permitted in lakes, rivers, creeks or lagoons
A person must not take or attempt to take fish from a lake, river, creek or lagoon in the marine park by use of a spear or spear gun.
19 Shell, shell grit and fossil collecting restricted
(1) A person may collect shell or shell grit for recreational purposes while in the marine park, other than in the sanctuary zone.
(2) A person may collect fossils only for research purposes while
in the marine park.(3) Subclause (1) is subject to the Fisheries Management Act 1994. Note. Pursuant to clause 23 (Organised research activities) of this Regulation a person requires the consent of the Minister before carrying out research referred to in subclause (2) if the research is for any purpose other than the person’s personal interest or enjoyment.
20 Taking 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 against subclause (1) if:
(a)
the fish 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.
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Division 7 Species protection 21 Species protection (whole park)
A person must not, while in any part of the marine park, harm or attempt to harm any fish of a species:
(a) the harming of which is prohibited under the Fisheries Management Act 1994, or (b) listed in table C. Note. Fish protected under the Fisheries Management Act 1994 include grey nurse shark (Charcharius taurus), great white shark (Carcharodon carcharias), black cod (Epinephelus daemelii), eastern blue devil fish (Paraplesiops bleekeri), elegant wrasse (Anampses elegans), estuary cod (Epinephelus coidides) and giant Queensland groper (Epinephelus lanceolatus).
Division 8 Domesticated animals 22 Areas 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) the rock platform at Green Point, (b) the Currambene Creek Mudflats sanctuary zone, (c) the sand spit at the southern end of Callala Beach. (3) Despite subclause (2), a person may bring a domesticated animal into any part of the marine park:
(a)
if the animal is an assistance animal (within the meaning of the Companion Animals Act 1998) being used by a person with a disability (within the meaning of the Disability Discrimination Act 1992 of the Commonwealth), or
(b) if the animal remains confined to a vessel, or (c) with the consent of the relevant Ministers.
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(4) This clause applies despite clause 22 (Domesticated animals)
of this Regulation.Note. Clause 22 of this Regulation makes it an offence to bring a domesticated animal into a marine park except with the consent of the relevant Ministers.
(5) This clause is subject to the following:
(a) the provisions of the Companion Animals Act 1998, (b)
any notice relating to the use of animals erected by a council under section 632 of the Local Government Act 1993.
Note.
1
Sections 14 and 30 of the Companion Animals Act 1998 prohibit cats and dogs in certain public places.
2
Section 632 of the Local Government Act 1993 gives a council power to prohibit the bringing of domestic animals into public areas. The council is required to erect notices in the area concerned indicating that domestic animals are prohibited in the area.
Division 9 Use of vessels and vehicles 23 Areas in which personal watercraft are prohibited
Note. Clause 27 of this Regulation makes it an offence to use any motorised vessel in a marine park in contravention of the zoning plan for the marine park.
For the purposes of clause 27 of this Regulation, a person must not use a motorised vessel that is a personal watercraft in a sanctuary zone in the marine park unless:
(a) the personal watercraft is transiting directly to or from the location where it was launched, and (b) the personal watercraft is being used in such a manner as not to exceed a speed of 10 knots per hour. 24 Cruise ships
Note. Clause 27 of this Regulation makes it an offence to use any motorised vessel in a marine park in contravention of the zoning plan for the marine park.
For the purposes of clause 27 of this Regulation, a person must not use a motorised vessel that is a cruise ship in the marine park, except with the consent of the relevant Ministers.
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25 Hovercraft
Note. Clause 27 of this Regulation makes it an offence to use any motorised vessel in a marine park in contravention of the zoning plan for the marine park.
For the purposes of clause 27 of this Regulation, a person must not use a motorised vessel that is a hovercraft in the marine park, except with the consent of the relevant Ministers.
26 Areas in which use of vehicles prohibited
Note. Clause 27 of this Regulation makes it an offence to use any motorised vehicle in a marine park in contravention of the zoning plan for the marine park.
(1)
A person must not use a motorised vehicle in the marine park, except for the purpose of launching and retrieving vessels from designated boat-launching facilities.
(2) This clause does not apply to or in respect of:
(a)
an authorised vehicle, a police vehicle or an emergency vehicle, or
(b)
a commercial fisher (within the meaning of the Fisheries Management Act 1994) who maylawfullyuse a vehicle on a beach in connection with his or her fishing activities.
(3) In this clause:
authorised vehicle means a vehicle being used by an officer, employee or other authorised person acting on behalf of any of the following:
(a) the Authority, (b) the National Parks and Wildlife Service, (c) NSW Fisheries, (d) Shoalhaven City Council, (e) the Department of Land and Water Conservation, (f) the Commonwealth Department of Defence. designated boat-launching facility means a facility in the marine park designated by the Authority or another relevant government agency as appropriate for boat-launching.
emergency vehicle has the meaning given by the Road
Transport (Vehicle Registration) Regulation 1998.
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police vehicle has the meaning given by the Road Transport
(Vehicle Registration) Regulation 1998.27 Anchoring and mooring
(1) A person must not anchor a vessel within a sanctuary zone in the marine park, except in a designated anchoring area described in table D. (2) A person is permitted to moor a vessel in a sanctuary zone at a mooring provided by the Authority or the Waterways Authority for that purpose. (3) A person must not moor a vessel at a mooring owned by the
Authority for more than 24 hours.Note. Subclause (3) applies despite clause 28 (1) (b) of this Regulation which provides that a person must not 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 Authority.
28 Vessels not to be anchored at certain sites
(1)
A person must not anchor a vessel within The Tubes Seasonal Anchoring Area from 1 November to 30 April in any year (both dates inclusive).
(2) In this clause, The Tubes Seasonal Anchoring Area is comprised of an area from point 6A described above generally south-east to point 6C described above, then generally south following the mean high water mark to the intersection of 35E 05N 23OS latitude and the mean high water mark at point 6D, then due west to point 6E at 35E 05N 23OS, 150E 47N 45OE, then due north returning to point 6A, described above, as shown on map 6.
Division 10 Tables Table A—Plants that may be taken in habitat protection zone
Common name Class/family Species Sea lettuce Ulva lactuca Baitweed Enteromorpha
intestinalis
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Table B—Fish that may be taken in habitat protection zone
Common name Class/family Species Finfish Class Osteichthyes Sharks and rays Class
ChondrichthyesBeach worms Family Eunicidae All species Eastern rock Family Palinuridae Jasus verreauxi lobsters, Southern Jasus edwardsii rock lobsters Mud crabs, Family Portunidae Scylla serrata Blue swimmer Portunus pelagicus crabs Red crabs Family Grapsidae Plagusia chabrus Prawns Family Penaeidae All species Ghost shrimp, Family All species marine yabbies, Callianassidae nippers Arrow squid, Family Loliginidae Nototodarus gouldi Southern calamari Sepioteuthis australis Abalone Family Haliotidae All species Turban shell Family Turbinadae All species Pipis Family Donacidae Donax deltoides Commercial Family Pectinidae Pecten fumatus scallops, Doughboy Chlamys asperrimus scallops Blue mussels Family Mytilidae Mytilus planulatus Sydney cockles Family Arcidae Anadara trapezia Mud oysters Family Ostreidae Ostrea angasi
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Common name Class/family Species Sea urchins Class Echinoidea Centrostephanus
rodgersii
Heliocidaris
erythrogrammaSpanner crab Family Raninidae Ranina ranina Table C—Protected fish
Common name Class/Family/Order Species Corals Class Anthozoa
Soft corals Subclass and Octocorallia gorgonians Hard corals Order Scleractinia Black corals Order Antipatharia Sea anemones Order Actinaria Zoanthids Order Zoanthidea Corallimorphs Order
CorallimorphariaAll seahorses and Family Syngnathidae pipefishes
Table D—Designated anchoring areas within sanctuary zone
Sanctuary zone name Designated area Hammer Head Entire zone Drum and Drum Sticks Entire zone Point Perpendicular- Entire zone Crocodile Head The Docks Entire zone
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Sanctuary zone name Designated area Groper Coast Entire zone Hare Bay
The areas described below as Hare Bay designated anchoring area and Red Point designated anchoring area
Huskisson The area described below as Shark
Net Beach designated anchoring areaHyams Beach Areas outside the prohibited
anchoring area as designated on Chart
AUS 193Bowen Island Entire zone St Georges-Steamers Entire zone Head Hare Bay designated anchoring area
From point 16F at 35E 00N 48OS, 150E 45N 49OE, due east to the intersection of 35E 00N 48OS latitude and the mean high water mark at point 16G, then generally south-east following the shoreline at the mean high water mark to point 16H described above, then due west to point 16I at 35E 01N 42OS, 150E 45N 49OE, then returning due north to point 16F, as shown on map 16.
Red Point designated anchoring area
The area from the mean high water mark at the most eastern extremity of Red Point at point 16J at the intersection of 150E 45N 02OE longitude and the mean high water mark, then generally north-east 200 metres to the intersection of 150E 45N 04OE longitude and the mean high water mark at point 16K, then generally south then west in a radius of 200 metres from point 16J to the intersection of the boundary of Hare Bay sanctuary zone at point 16L, 34E 59N 36OS, 150E 44N 57OE then due north to the intersection of 150E 44N 57OE longitude and the mean high water mark at point 16M, then returning generally east to point 16J, described above, as shown on map 16.
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Shark Net Beach designated anchoring area
The area adjacent to Shark Net Beach from the mean high water mark at point 16N at 35E 02N 24OS, 150E 40N 25OE, then generally north following the mean high water mark to point 16O which is 200 metres from point 16N, then generally east then south in a radius of 200 metres from point 16N to the intersection of the mean high water mark at point 16P, then returning generally north following the mean high water mark to point 16N, described above, as shown on map
Table E—Designated areas for purse seining and lift netting in habitat protection zone
(a)
From point 16Q 35E 03N 23OS, 150E 44N 12OE, then generally south-west to point 16R 35E 04N 09OS, 150E 42N 32OE, then generally north to point 16S 35E 02N 59OS, 150E 42N 35OE, then generally north-east to point 16T 35E 01N 42OS, 150E 44N 0OE, then back to point 16Q as shown on map 16.
(b)
From point 16U 35E 06N 23OS, 150E 45N 53OE, then due south to point 16V at the intersection of 150E 45N 53OE longitude and the boundary of Commonwealth waters, then generally south-west to point 16W at the intersection of 150E 44N 50OE longitude and the boundary of Commonwealth waters, then due north to point 16X 35E 06N 23OS 150E 44N 50OE, then back to point 16U, as shown on map 16.
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Division 11 Maps Map 1: Jervis Bay Marine Park (Overview)
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Map 2: Hammer Head
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Map 3: Currarong and Blacks Cave Creek
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Map 4: Drum and Drum Sticks
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Map 5: Point Perpendicular—Crocodile Head
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Map 6: The Docks
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Map 7: Groper Coast
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Map 8: Hare Bay
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Map 9: Wowly Gully
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Map 10: Currambene Creek
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Map 11: Huskisson and Currambene Creek Mudflats
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Map 12: Moona Moona Creek
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Map 13: Hyams Beach
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Map 14: Bowen Island
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Map 15: St Georges Head—Steamers Head
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Map 16: General Use Zones, Designated Anchoring Areas, and Restricted
Purse Seine Bait Netting/Lift Netting Areas
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Division 12 Miscellaneous 29 Transitional arrangements for aquaculture
A person who immediately before the commencement of this Part carried out aquaculture in the marine park under a permit issued under the Fisheries Management Act 1994 may continue to carry out the activity in the marine park for a period ending 18 months after that commencement.
[17] Schedule 2 Penalty notice offences
Insert in appropriate order in Columns 1and 2:
Clause 22 (1A) $220
BY AUTHORITY
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