17B   Regulations relating to zoning plans for marine parks

(1)  Without affecting the generality of Division 1, the regulations may make provision for or with respect to the use and management of a marine park by means of a zoning plan set out in the regulations.

(2)  A zoning plan may include provisions for or with respect to the following:

(a)  the classification of areas within a marine park (for example as sanctuary zones, habitat protection zones and general use zones),

(b)  the uses that are permitted or prohibited within such areas,

(c)  the management of such areas.

(3)  The relevant Ministers must not recommend the making of regulations that establish, replace or amend a zoning plan unless the relevant Ministers are satisfied that the provisions of this Division have been complied with in the making of the regulations.

(4)  Failure to comply with any provision of this Division (other than subsection (5)) does not affect the validity of a regulation establishing, replacing or amending a zoning plan.

(5)  A regulation that alters the area of an existing sanctuary zone within a marine park, or that classifies an area within a marine park as a new sanctuary zone, may not be made during the moratorium period.

(6)  In this section:

existing sanctuary zone means an area classified as a sanctuary zone by a zoning plan for a marine park that was in force immediately before the commencement of the Marine Parks Amendment (Moratorium) Act 2011.

new sanctuary zone means an area of a marine park classified as a zone (of whatever name) by a zoning plan for the marine park if the zoning plan prohibits within that zone the same or substantially the same activities as were prohibited immediately before the commencement of the Marine Parks Amendment (Moratorium) Act 2011 within a sanctuary zone for that marine park.