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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 80
Plans of management affecting fisheries and marine estates
80 Plans of management affecting fisheries and marine estates
(1) This section applies to a plan of management for one or more of the
following-- (a) a national park,
(b) a historic site,
(c) a
state conservation area,
(d) a regional park,
(e) a nature reserve,
(f) a
karst conservation reserve,
(g) an Aboriginal area.
(1A) Before the
plan of management is made or adopted by the Minister, the Secretary must
refer the plan of management to-- (a) the Minister administering the
Fisheries Management Act 1994 if the Secretary considers that the
plan of management may adversely affect-- (i) fishing activities, or access to
waterways for fishing activities, or
(ii) threatened species, populations or
ecological communities within the meaning of the Fisheries Management Act
1994 , or their habitats, and
(b) the Minister administering the
Marine Estate Management Act 2014 if-- (i) the plan of management applies to a
marine park or aquatic reserve, or
(ii) the land to which the
plan of management applies adjoins a marine park or aquatic reserve.
(1B) A
referral to the Minister administering this Act under subsection (1A)(b) is
not required if the Minister administers a part of the
Marine Estate Management Act 2014 .
(2) A plan of management referred under
subsection (1A)-- (a) shall not be adopted, amended, altered or cancelled by
the Minister in so far as it relates to Crown lands within the meaning of
paragraph (a) of the definition of
"Crown lands" in section 5 (1) (other than Crown lands to which paragraph (b)
of this subsection applies), until the Minister has considered any
representations made with respect to the plan of management by the Minister
administering the Fisheries Management Act 1994 or the Minister administering
the Marine Estate Management Act 2014 , and
(b) shall not be adopted,
amended, altered or cancelled by the Minister in so far as it directly relates
to the intertidal zone or Crown lands within the meaning of paragraph (b) of
the definition of
"Crown lands" in section 5 (1), without the concurrence in writing of the
Minister administering the Fisheries Management Act 1994 or the Minister
administering the Marine Estate Management Act 2014 .
(3) In this section--
"aquatic reserve" has the same meaning as in the Marine Estate Management Act
2014 .
"fishing activity" has the same meaning as in the Fisheries Management Act
1994 .
"marine park" has the same meaning as in the Marine Estate Management Act
2014 .
"waterway" includes a stream, creek, river, estuary, intertidal area, lake,
reservoir and dam.
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