Areas declared to be fish habitat areas
78 Areas declared to be fish habitat areas
Each area mentioned in schedule 3, column 1 is declared to be a fish habitat area.
The fish habitat area—
includes—
the area shown on the fish habitat area plan for the fish habitat area as included in the fish habitat area; and
an area stated opposite the fish habitat area plan in schedule 3, column 2 as included in the declared fish habitat area; and
excludes—
the area shown on the fish habitat area plan for the fish habitat area as excluded from the declared fish habitat area; and
an area stated opposite the fish habitat area plan in schedule 3, column 2 as excluded from the declared fish habitat area; and
the area of a channel marked by aids to navigation.
Also, land that is not unallocated State land or national park land is included in a fish habitat area only if—
the land is within an area mentioned in subsection (2)(a) for the fish habitat area; and
the fish habitat area plan for the fish habitat area, or schedule 3, column 2, specifically states that the land is included in the fish habitat area.
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