Marine Parks Act 2007

The Minister must, as soon as practicable after the establishment of a marine park, commence the process for the making of a management plan in relation to the park (with the view of completing the management plan within 3 years of the date of the relevant proclamation).

The Minister must review a management plan at least once in every

The Minister may propose the amendment of a management plan at any time.

The Minister must, in relation to a proposal to make or amend a management plan—

by notice published on a website determined by the Minister, give notice of the intention to make or amend a management plan; and

publish, on a website determined by the Minister, a statement of the environmental, economic and social values of the area concerned;

prepare a draft of the management plan or amendment and a statement (an impact statement) of the expected environmental, economic and social impacts of the management plan or amendment;

seek the views of—

all relevant Ministers; and

the Council; and

a representative of all signatories to any indigenous land use agreement that is in force in relation to any of the area comprising the marine park; and

a representative of any native title holders or claimants that have a native title determination or registered native title claim;

such persons or bodies as the Minister determines to be leading representatives of—

the environment and conservation sector; and

local government; and

the commercial fishing industry; and

the aquaculture industry; and

the recreational fishing sector; and

the mining and petroleum industries; and

the tourism sector; and

the general business sector, in relation to the draft; and

publish the draft management plan and impact statement on a website determined by the Minister (so as to be accessible and capable of being printed without a charge imposed by the Minister), and make copies of the plan and impact statement available for inspection (without charge) or purchase at a place or places determined by the Minister; and

by notice published on a website determined by the Minister, specify the place or places at which copies of the draft plan and impact statement are available for inspection (without charge) or purchase and specify an address to which interested persons may send written representations in relation to the draft within the period specified in the notice (being not less than 6 weeks from the date of publication of the notice).

The Minister may, in relation to the preparation of a draft to make or amend a management plan, seek the views of any person as he or she sees fit.

If the Minister is of the opinion that a draft amendment of a management plan is not substantive in nature—

the Minister need not prepare a statement of environmental, economic and social values or an impact statement; and

the Minister may dispense with the requirements of subsection (4)(f).

At the end of the period referred to in the notice under subsection (4)(f) and, in any event, before adopting a draft management plan, the Minister—

must consider any views expressed to the Minister under this section in relation to the draft and any representations made by members of the public in response to the notice; and

may make such alterations to the draft as the Minister thinks necessary or desirable.

On adopting a draft management plan, the Minister may refer the plan to the Governor and the Governor may, by notice in the

declare the draft to be an authorised management plan;

fix a day on which the plan will come into operation.

The Minister must, within 6 sitting days after the declaration of a management plan for a marine park, cause copies of the plan to be laid before both Houses of Parliament.

A failure of the Minister to comply with a requirement of this section does not affect the validity of a management plan.

In this section—