National Parks (Cape Howe Marine National Park) Regulations 2006

Transcription

1 Version No. 002 National Parks (Cape Howe Marine National Park) Regulations 2006 Version as at 14 March 2008 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Definitions 1 5 Prescribed area and prohibition on being in charge of certain boats 3 SCHEDULE Prescribed Area of Cape Howe Marine National Park 4 ENDNOTES 5 1. General Information 5 2. Table of Amendments 6 3. Explanatory Details 7 i

2 Version No. 002 National Parks (Cape Howe Marine National Park) Regulations 2006 Version as at 14 March Objective The objective of these Regulations is to prescribe for the purpose of section 45A(4) of the National Parks Act 1975 (a) the area of Cape Howe Marine National Park in which a person must not be in charge of a certain class of boats; and (b) the class of boats that a person must not be in charge of in the prescribed area of Cape Howe Marine National Park. 2 Authorising provision These Regulations are made under section 48 of the National Parks Act Commencement These Regulations come into operation on 9 May Definitions In these Regulations Abalone Fishery (Eastern Zone) Access Licence has the same meaning as in the Fisheries Regulations 1998; Cape Howe Marine National Park means the park described in Part 2 of Schedule Seven to the Act; 1

3 r. 4 commercial fishing vessel means a vessel used or intended to be used for catching fish or other living resources of the sea or seabed for profit or reward, other than a vessel used or intended to be used (a) to take fish in accordance with (i) an Abalone Fishery (Eastern Zone) Access Licence; or (ii) a Rock Lobster Fishery (Eastern Zone) Access Licence; or (iii) an Ocean Fishery Access Licence; or (iv) a Commonwealth Statutory Fishing Right; or (b) to take fish from a developing fishery in accordance with a general permit issued under section 49 of the Fisheries Act 1995; or (c) to conduct research, study or an investigation of matters that relate to the objects of the Act, being research, study or an investigation that has been promoted by the Secretary under section 20 of the Act and is being carried out in accordance with any terms and conditions determined by the Secretary under that section; or (d) in accordance with a permit granted under section 21A of the Act; Commonwealth Statutory Fishing Right means a statutory fishing right within the meaning of the Fisheries Management Act 1991 of the Commonwealth; 2

4 r. 5 Ocean Fishery Access Licence has the same meaning as in the Fisheries Regulations 1998; Rock Lobster Fishery (Eastern Zone) Access Licence has the same meaning as in the Fisheries Regulations 1998; the Act means the National Parks Act Prescribed area and prohibition on being in charge of certain boats For the purposes of section 45A(4) of the Act (a) the prescribed area of Cape Howe Marine National Park is that part of the park that is shown by hatching in the Schedule; and (b) the prescribed class of boats is commercial fishing vessels. 3

5 # # # # # National Parks (Cape Howe Marine National Park) Regulations 2006 Sch. SCHEDULE Regulation 5 PRESCRIBED AREA OF CAPE HOWE MARINE NATIONAL PARK NSW Victoria This corner is the point where HWM is intersected by the line BC This corner is the point where HWM is intersected by the line extending from A on a bearing of 130 degrees 757,205 E 5,841,587 N A Telegraph Point Mallacoota (approx km) Gabo Island high water mark (HWM) This corner is the point where HWM is intersected by the line DE 761,800 E 5,843,947 N 759,965 E 5,843,278 N B 130 o D Iron Prince Cape Howe E 762,620 E 5,843,027 N C 761,472 E 5,841,568 N Eden (approx. 55 km) coastal waters of NSW* coastal waters of Victoria* seaward limit of Victoria's coastal waters Cape Howe Marine National Park Bass Strait N AMG Zone 55 (AGD 66) *coastal waters are defined in the Coastal Waters (State Powers) Act 1980 of the Commonwealth kilometres 4

6 Endnotes 1. General Information ENDNOTES The National Parks (Cape Howe Marine National Park) Regulations 2006, were made on 9 May 2006 by the Governor in Council under section 48 of the National Parks Act 1975, No. 8702/1975 and came into operation on 9 May 2006: regulation 3. The National Parks (Cape Howe Marine National Park) Regulations 2006 will sunset 10 years after the day of making on 9 May 2016 (see section 5 of the Subordinate Legislation Act 1994). 5

7 Endnotes 2. Table of Amendments There are no amendments made to the National Parks (Cape Howe Marine National Park) Regulations 2006 by statutory rules, subordinate instruments and Acts. 6

8 Endnotes 3. Explanatory Details No entries at date of publication. 7