National Parks (Cape Howe Marine National Park) Regulations 2006

i National Parks (Cape Howe Marine National Park) Regulations 2006 S.R. No. 49/2006 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 2 4. Definitions 2 5. Prescribed area and prohibition on being in charge of certain boats 3 __________________ SCHEDULE—Prescribed Area of Cape Howe Marine National Park 4 ═══════════════ -- 1 of 5 -- 1 STATUTORY RULES 2006 S.R. No. 49/2006 National Parks Act 1975 National Parks (Cape Howe Marine National Park) Regulations 2006 The Governor in Council makes the following Regulations: Dated: 9 May 2006 Responsible Minister: JOHN THWAITES Minister for Environment RUTH LEACH Clerk of the Executive Council 1. 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 1975. -- 2 of 5 -- S.R. No. 49/2006 National Parks (Cape Howe Marine National Park) Regulations 2006 2 3. Commencement These Regulations come into operation on 9 May 2006. 4. 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; "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 r. 3 -- 3 of 5 -- S.R. No. 49/2006 National Parks (Cape Howe Marine National Park) Regulations 2006 3 (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; "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 1975. 5. 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. __________________ r. 5 -- 4 of 5 -- S.R. No. 49/2006 National Parks (Cape Howe Marine National Park) Regulations 2006 4 SCHEDULE Regulation 5 PRESCRIBED AREA OF CAPE HOWE MARINE NATIONAL PARK ═══════════════ Sch. z z z z z z Gabo Island Cape Howe coastal waters of N SW* s e aw a r d l im it o f V i c to r i a ' s c o a s t a l wat e r s Bass Strait N *coastal waters are defined in the Coastal Waters (State Powers) Act 1980 of the Commonwealth Victoria NSW Cape Howe Marine National Park Iron Prince Mallacoota (approx. 14.5 km) Eden (approx. 55 km) coastal waters of Vi cto ri a* 762,620 E 5,843,027 N 1 30 o 759,965 E 5,843,278 N 761,800 E 5,843,947 N 757,205 E 5,841,587 N A B C E D AMG Zone 55 (AGD 66) 0.5 0 0.5 1 1.5 kilometres This corner is the point where HWM is intersected by the line extending from A on a bearing of 130 degrees 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 DE Telegraph Point # # # # # h i g h w a t e r m a r k ( H W M ) É Ç 761,472 E 5,841,568 N -- 5 of 5 --