Purpose:

The purpose of this legislation is to provide for the strategic co-ordination and management of the New South Wales marine estate, including the declaration and management of marine parks and aquatic reserves, consistent with ecologically sustainable development principles.

Objectives:

• To provide for the management of the marine estate of New South Wales consistent with the principles of ecologically sustainable development.
• To promote a biologically diverse, healthy and productive marine estate.
• To facilitate economic opportunities for the people of New South Wales, including opportunities for regional communities.
• To facilitate the cultural, social and recreational use of the marine estate.
• To facilitate the maintenance of ecosystem integrity.
• To facilitate the use of the marine estate for scientific research and education.
• To promote the co-ordination of the exercise, by public authorities, of functions in relation to the marine estate.
• To provide for the declaration and management of a comprehensive system of marine parks and aquatic reserves.

Key Provisions:

• Establishment of the Marine Estate Management Authority, an advisory committee to advise relevant Ministers on marine estate management and strategy.
• Establishment of the Marine Estate Expert Knowledge Panel to provide expert advice to the Authority on ecological, economic, or social sciences.
• Requirement for a marine estate management strategy to set overarching State government direction for co-ordinated management of the marine estate.
• Mandate for periodic assessment of threats and risks to the marine estate, summarised in a report, to inform management decisions.
• Provisions for the declaration, naming, variation, and revocation of marine parks, with a primary purpose of conserving biological diversity, ecosystem integrity, and function.
• Provisions for the declaration, variation, and revocation of aquatic reserves, with a primary purpose of conserving biological diversity or specific components within a specified area.
• Regulations for the general management, protection, and conservation of marine parks and aquatic reserves, including regulating or prohibiting activities, use of vessels, and taking of animals, plants, or materials.
• Regulations for specific management rules for marine parks and aquatic reserves, including classification of zones, their purposes, and permitted/prohibited uses.
• Requirements for management plans for marine parks (mandatory) and aquatic reserves (optional), outlining values, threats, objectives, and actions.
• Prohibition of prospecting or mining for minerals in marine parks and aquatic reserves, with limited exceptions for pre-existing licences and sand extraction for conservation or safety purposes.
• Requirements for consent authorities and determining authorities under the Environmental Planning and Assessment Act 1979 to consider the Act’s provisions and obtain concurrence (where specified) for development within or affecting marine parks and aquatic reserves.
• Authority for relevant Ministers to issue notifications prohibiting specific activities in marine parks and aquatic reserves, which override general regulations.
• Provisions for the removal of wrecked vessels and other property from marine parks and aquatic reserves, including cost recovery from responsible persons.
• Establishment of the Marine Protected Areas Fund for fees, charges, and donations related to marine parks and aquatic reserves, to be used for their administration, research, and consultation.
• Conferral of enforcement powers on authorised officers, including application of provisions from the Fisheries Management Act 1994.

Evidence of Compliance Requirements For Agricultural Organisations:

• Aquaculture Leases/Permits:
  • If an aquaculture lease or permit existed in an area before its declaration as a marine park, it is not affected by the declaration. However, any such lease cannot be extended or renewed under the Fisheries Management Act 1994 unless regulations permit aquaculture in that specific area. An exception applies to the first renewal entitlement under section 167 (3) of the Fisheries Management Act 1994.
  • Land subject to an aquaculture lease under the Fisheries Management Act 1994 may be declared an aquatic reserve; however, lessees may continue undertaking aquaculture in accordance with that Act during the lease’s currency.
  • An area subject to an aquaculture lease under the Fisheries Management Act 1994 does not require consent from the relevant Ministers for its declaration as an aquatic reserve.
• Land Leases (Crown Land Management Act 2016):
  • For land within a marine park leased under the Crown Land Management Act 2016, the Minister administering that Act must consult the relevant Ministers before approving any change in land use, conversion, sale, or disposal of such land.
  • If the land is above mean high water mark, the consent of the Minister administering the Crown Land Management Act 2016 is required for its declaration as a marine park or addition to a marine park.
  • If the land is public water land that is Crown land, the consent of the Minister administering the Crown Land Management Act 2016 is required for its declaration as an aquatic reserve.
• Development and Activities within or Affecting Marine Parks/Aquatic Reserves:
  • Organisations undertaking development within a marine park or aquatic reserve requiring a development application under Part 4 of the Environmental Planning and Assessment Act 1979 must ensure the consent authority considers:
    • Purposes of the zone (if management rules exist).
    • Permissible uses under regulations or management rules.
    • Objectives of the marine park/aquatic reserve (if a management plan exists).
    • Any relevant marine park/aquatic reserve notifications.
    • If consent is to be granted, the concurrence of the relevant Ministers must be obtained.
  • Organisations undertaking activities within a marine park or aquatic reserve that require an environmental impact statement under Environmental Planning and Assessment Act 1979, Division 5.1, Subdivision 3, must ensure the determining authority (if not a Minister):
    • Considers the same factors as for development applications (zone purposes, permissible uses, management plan objectives, notifications).
    • Obtains the concurrence of the relevant Ministers for carrying out the activity or granting approval.
  • Organisations undertaking development or activities on land in the locality of a marine park or aquatic reserve must ensure the consent authority or determining authority considers:
    • Objects of this Act.
    • Permissible uses of the area under regulations or management rules.
    • Any advice from the relevant Ministers about the impact on the marine park/aquatic reserve.
    • If the development/activity is likely to affect plants or animals within the marine park/aquatic reserve or their habitat, the consent authority/determining authority must consult with the relevant Ministers before final determination/approval.
• Prohibited Activities:
  • It is unlawful to prospect or mine for minerals in a marine park or an aquatic reserve, unless a licence, permit, authorisation, or lease was in force before specific dates (1 August 1997 for marine parks, 31 March 2002 for aquatic reserves), and no renewal or extension of such may be granted unless expressly authorised by an Act of Parliament.
  • Sand extraction within a marine park for conservation or preventing risk of serious injury/harm to environment is permissible only with consent from the relevant Ministers and any other required authorisation under other Acts. Organisations seeking such consent must meet assessment criteria prescribed by regulations.
  • Compliance with prohibitions on specific activities (including taking fish) published by the relevant Ministers via Gazette notification is required. These notifications may require the consent of the relevant Ministers or a permit issued by them. Contravention is an offence punishable by up to 1,000 penalty units for a corporation or 200 penalty units/6 months imprisonment for an individual.
  • Possession of any animal, plant, rock, sand, or other thing taken in contravention of a notification is an offence punishable by up to 500 penalty units for a corporation or 100 penalty units/3 months imprisonment for an individual, unless the person proves they did not know and could not reasonably have known of the contravention.
• Removal of Property:
  • If an organisation is the “person responsible” (causer, controller, or owner) for sunken/wrecked vessels, abandoned property, or unlawfully erected/placed things in a marine park/aquatic reserve, the relevant Ministers may issue a written notice directing removal within a specified time. Failure to comply without reasonable excuse is an offence (up to 1,000 penalty units for corporation, 200 penalty units/3 months imprisonment for individual).
  • The relevant Ministers can recover reasonable costs and expenses for removal, repair, mitigation, or prevention of environmental damage from the person responsible. If the person paying was not the causer, they can recover costs from the causer.
• Information and Reporting:
  • Holders of permits under this Act must provide information to the relevant Ministers, including circumstances where information must be verified by statutory declaration, as prescribed by regulations.
  • Individuals (e.g., drivers of motor vehicles/vessels) suspected of an offence may be required by an authorised officer to state their full name and place of residence. The owner/registered person/custodian of a vehicle/vessel may be required to provide information about the driver if an offence is suspected. Failure to comply or providing false/misleading information is an offence (up to 10 penalty units).
  • If a parking offence occurs, the vehicle owner is guilty unless they satisfy the authorised officer (within 21 days of notice) or the court that the vehicle was stolen or illegally used. Alternatively, the owner can supply the name and address of the person in charge of the vehicle (within 21 days for penalty notice, or by statutory declaration for court attendance notice), or demonstrate inability to ascertain this information with reasonable diligence.
• Financial Obligations:
  • Organisations given a notice for the removal of property under section 63 must pay the prescribed administrative fee into the Marine Protected Areas Fund within 30 days. The relevant Ministers may extend the time for payment or waive part/all of the fee. Unpaid fees can be recovered as a debt.
• Compliance with Management Instruments:
  • Functions of relevant Ministers and authorised officers concerning marine parks/aquatic reserves must be exercised in accordance with adopted management plans. While non-compliance by authorities does not invalidate their actions, it sets a standard for adherence.
  • Management rules set out in regulations for specific marine parks/aquatic reserves (e.g., zoning plans) define permitted or prohibited uses and activities within specific zones. Agricultural organisations operating in these areas must ensure their activities align with these rules.

Metadata Keywords:

Marine estate, aquatic reserves, marine parks, environmental management, New South Wales, aquaculture, fisheries, Crown land, ecologically sustainable development, legislation

Publication Information:

Publication date: 9 August 2024 (Current version to date) Version number: No 72 (from “Marine Estate Management Act 2014 No 72”)

Agricultural Industry Alignment:

Fisheries

Date Added to database:

This document was parsed and added to the database on 26-07-2025

URL:

https://legislation.nsw.gov.au/view/whole/pdf/inforce/2024-08-09/act-2014-072 →