Marine Parks (Solitary Islands) Regulation 2000 (NSW)

Part 1Preliminary1Name of Regulation

This Regulation may be cited as the Marine Parks (Solitary Islands) Regulation 2000.

Editorial note—

The name of the Regulation has been amended to conform with the provisions of clause 2 of Schedule 3 to the Marine Parks Act 1997.

2Commencement

This Regulation commences on the commencement of the Fisheries Management Act 1994.

3Definitions

In this Regulation:

marine vegetation includes mangroves, seagrasses, algae and saltmarsh plants.

the Act means the Fisheries Management Act 1994.

4Director’s consent

The Director may grant a consent to a person under this Regulation by means of a written notice given to the person and may, in the same manner, vary or revoke a consent so granted.

5Relationship of Regulation to other instruments under the Act

Nothing in this Regulation affects any other restriction or prohibition imposed by or under the Act.

6Savings

Any act, matter or thing that, immediately before the commencement of this Regulation, had effect under a regulation relating to an aquatic reserve under the Fisheries and Oyster Farms Act 1935 is taken to have effect under this Regulation.

Part 9Solitary IslandsNote—

The area of Solitary Islands has been declared as a marine park under the Marine Parks Act 1997 and activities in the marine park are regulated under that Act and the Marine Parks Regulation 1999. However, the provisions of this Regulation continue to have effect in respect of the marine park under clause 2 of Schedule 3 to that Act. This note does not form part of this Regulation.

30Definitions

In this Part:

commercial tourist activity means the undertaking of any activity associated with tourism for commercial gain, including dive charters, diver certification training, snorkelling tours, whale watching tours, fishing charters, boat tours and natural history excursions, but excluding any licensed commercial fishing activity.

general use zone means the areas described in Part 2 of Schedule 8.

recreation zone means the areas described in Part 3 of Schedule 8.

recreational fishing competition means a fishing competition between members of a group of persons engaged in spear or line fishing for the purpose of recreation.

refuge zone means the areas described in Part 4 of Schedule 8.

Reserve means the Solitary Islands Aquatic Reserve declared by notification published in Gazette No 62 of 26 April 1991, at page 3193, being the land described in Part 1 of Schedule 8 together with the waters within the Reserve, and includes the general use zone, the recreation zone, the refuge zone and the sanctuary zone.

sanctuary zone means the areas described in Part 5 of Schedule 8.

spearfishing means taking or attempting to take fish by means of a spear, speargun or similar device or by means of a bow and arrow.

31

(Repealed)

32Prohibited activity in general use zone(1)

A person must not:

• (a)

  take, or attempt to take, fish, or marine vegetation, for sale from the general use zone, or

• (b)

  gather, or attempt to gather, or wilfully damage, destroy or interfere with, marine vegetation, except green sea lettuce (Ulva lactuca) or blackfish weed (Enteromorpha intestinalis), in the general use zone.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in any other case.

(2)

This clause is subject to the other provisions of this Part.

33Prohibited activity in recreation zone(1)

A person must not:

• (a)

  take, or attempt to take, fish, or marine vegetation, for sale from the recreation zone, or

• (b)

  take, or attempt to take, fish (except abalone, beach worms, crabs, rock lobsters, cunjevoi, fin fish, oysters, pippies, sea urchins or yabbies) from the recreation zone, or

• (c)

  take, or attempt to take, fish (except rock lobsters and crabs) by means of a trap from the recreation zone, or

• (d)

  take, or attempt to take, fish by a net that may only be lawfully used by a commercial fisher from the recreation zone, or

• (e)

  gather, or attempt to gather, or wilfully damage, destroy or interfere with marine vegetation, except green sea lettuce (Ulva lactuca) or blackfish weed (Enteromorpha intestinalis), in the recreation zone.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in any other case.

(2)

This clause is subject to the other provisions of this Part.

34Prohibited activity in refuge zone(1)

A person must not:

• (a)

  take, or attempt to take, fish from the refuge zone, except:

  • (i)

    fin fish by means of a hook and line, or

  • (ii)

    rock lobsters by means of a lawful trap in those parts of the refuge zone which are situated beneath or adjacent to headlands on the mainland, or

  • (iii)

    fish specified in the Table to this clause by means of spearfishing, or

• (b)

  take, or attempt to take, fish for a private aquarium from the refuge zone, or

• (c)

  gather, or attempt to gather, marine vegetation from the refuge zone, or

• (d)

  wilfully damage, destroy or interfere with marine vegetation in the refuge zone.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in any other case.

(2)

This clause is subject to the other provisions of this Part.

TableAllowed species for spearfishing in refuge zone

Amberjack (Seriola dumerilii)

Bream, yellowfin (Acanthopagrus australis)

Cobia (Rachycentron canadus)

Flathead, dusky (Platycephalus fuscus)

Kingfish, yellowtail (Seriola lalandi)

Leatherjacket, chinaman (Nelusetta ayraudi)

Luderick, blackfish (Girella tricuspidata)

Mackerel, spanish (Scomberomorus commersoni)

Morwong, red (Cheilodactycus fuscus)

Mulloway, jewfish (Argyrosomus hololepidotus)

Rainbow runner (Elagatis bipinnulatus)

Samson fish (Seriola hippos)

Surgeon sawtail (Prionurus microlepidotus)

Sweetlip (Plectorhinchus flavomaculatus)

Tailor (Pomatomus saltatrix)

Tarwhine (Rhabdosargus sarba)

Trevally, diamond (Alectis indica)

Trevally, golden (Gnathandodon speciosus)

Wahoo (Acanthocybium solandri)

35Prohibited activity in sanctuary zone(1)

A person must not:

• (a)

  take, or attempt to take, fish from the sanctuary zone, or

• (b)

  gather, or attempt to gather, marine vegetation from the sanctuary zone.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in any other case.

(2)

A person must not:

• (a)

  wilfully disturb, injure or interfere with fish in the sanctuary zone, or

• (b)

  wilfully damage, destroy or interfere with marine vegetation in the sanctuary zone.

(3)

A person must not use an anchor in the sanctuary zone.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in any other case.

(4)

In this clause, anchor means any device attached to a boat by a cable, chain or rope dropped overboard so as to grip the seabed for the purpose of restricting the movement of the boat.

(5)

This clause is subject to the other provisions of this Part.

36

(Repealed)