South Australian Repealed Acts

This legislation has been repealed.

FISHERIES ACT 1982 - SECT 48

48—Constitution of marine parks

        (1)         The Governor may, by proclamation—

            (a)         constitute as a marine park any waters, or land and waters, specified in the proclamation, that the Governor considers to be of national significance by reason of the aquatic flora or fauna of those waters or the aquatic habitat; and

            (b)         assign a name to the marine park so constituted.

        (2)         The Governor may, by subsequent proclamation—

            (a)         abolish a marine park constituted under this section; or

            (b)         alter the boundaries of a marine park constituted under this section; or

            (c)         alter the name of a marine park constituted under this section.

        (3)         The Minister must—

            (a)         submit any proposal to constitute, or alter the boundaries of, a marine park—

                  (i)         where the marine park includes, or is to include, land under the jurisdiction of the Minister of Lands to that Minister for approval;

                  (ii)         where the marine park includes, or is to include, land under the jurisdiction of the Minister of Marine to that Minister for approval;

            (b)         submit any such proposal to the Minister of Mines and Energy and consider the views of that Minister in relation to the proposal.

        (4)         A proclamation must not be made under subsection (1) or (2)(b) without the approval or approvals required by this section.

        (5)         A proclamation must not be made under subsection (2)(a) or (b) except in pursuance of a resolution passed by both Houses of Parliament.

        (6)         Notice of a motion for a resolution under subsection (5) must be given at least 14 sitting days before the motion is passed.