Part 2 Solitary Islands Marine Park Zoning Plan

Note. The GPS coordinates used to describe the boundaries of the Solitary Islands Marine Park in Part 2 of Schedule 4 to the Act are in datum AGD 66. The GPS coordinates used to describe the boundaries of the zones of the marine park in this Part are in datum WGS 84, which is the datum more commonly used by marine park users.

Division 1 Preliminary

2.1   Definitions

(1)  In this Part:

map means a map set out in Division 10.

marine park means the Solitary Islands Marine Park, as described in Part 2 of Schedule 4 to the Act.

Note. Map 1 provides an overview of the zoning plan for the marine park.

net—see subclause (2).

table means a table set out in Division 9.

trap—see subclause (2).

(2)  In this Part, a reference to a net or trap is a reference to that net or trap as described in the Fisheries Management (General) Regulation 1995.

Note. The Fisheries Management (General) Regulation 1995 contains descriptions of the following nets and traps (which are referred to in this Part):

(a)  nets—spanner crab net, scoop net (prawns), landing net, push or scissors net (prawns), hoop or lift net, submersible lift net (bait), purse seine net,

(b)  traps—fish trap, crab trap, bait trap.

Division 2 Sanctuary zone

2.2   Description of sanctuary zone

The sanctuary zone of the marine park is comprised of the following areas:

Sandon River System (Northern Section)

The whole of the tidal waters and tidal lands of Toumbaal Creek, including all its creeks, bays and tributaries upstream of point 2A at 29° 40′ 09.08″S, 153° 19′ 00.08″E and a line drawn generally east of that point to the eastern bank, to the mean high water mark, as shown on map 2.

The whole of the tidal waters and tidal lands of the Sandon River arm of the Sandon River, including all its creeks, bays and tributaries upstream of point 2B at 29° 41′ 08.29″S, 153° 18′ 08.52″E and a line drawn generally north east of that point to the eastern bank, being the junction of the Sandon River and Candole Creek, to the mean high water mark, as shown on map 2.

The whole of the tidal waters and tidal lands incorporating the island/mudflat area in the main section of the Sandon River, to the mean high water mark, east of a line drawn between point 2C at 29° 40′ 37.69″S, 153° 18′ 55.90″E and point 2D at 29° 40′ 43.49″S, 153° 18′ 52.62″E, then following the western side of the estuarine islands to point 2E at 29° 40′ 48.91″S, 153° 18′ 46.05″E, then from a line between point 2E and 2F at 29° 40′ 56.25″S, 153° 18′ 46.64″E, as shown on map 2.

Northern Section

From point 3A at 29° 42′ 55.50″S, 153° 18′ 55.15″E, approximately 1 kilometre (0.5 nautical miles) seaward of Sandon Beach, due east approximately 6 kilometres (3 nautical miles) to the marine park boundary at point 3B at 29° 42′ 55.50″S, 153° 22′ 36.19″E, then generally south approximately 5 kilometres (2.6 nautical miles) following the boundary of the marine park to point 3C, in line with Rocky Point, at 29° 45′ 39.44″S, 153° 21′ 35.32″E then due west approximately 4 kilometres (2.1 nautical miles) to point 3D at 29° 45′ 39.44″S, 153° 18′ 55.15″E approximately 1.7 kilometres (0.9 nautical miles) east of Rocky Point, then due north to point 3A, as described above and shown on map 3.

From the mean high water mark at point 3E on Minnie Water Back Beach (approximately 480m south of the northern tip of the beach) at 29° 47′ 09.17″S, 153° 17′ 37.06″E, due east approximately 6 kilometres (3 nautical miles) to the boundary of the marine park to point 3F at 29° 47′ 09.17″S, 153° 21′ 36.14″E, then generally south approximately 2 kilometres (1.2 nautical miles) following the boundary of the marine park to point 3G at 29° 48′ 22.95″S, 153° 21′ 06.56″E, then due west approximately 6 kilometres (3 nautical miles) to the southern tip of Minnie Water Back Beach at point 3H (29° 48′ 22.95″S, 153° 17′ 12.65″E), then returning north to point 3E, along the mean high water mark, as shown on map 3.

Wooli Wooli River and Diggers Camp (Northern Section)

The whole of the tidal waters and tidal lands of the northern arm of the Wooli Wooli River and central basin, including all its creeks, bays and tributaries upstream from a line drawn between point 4A at 29° 50′ 22.95″S, 153° 13′ 58.57″E and point 4B at 29° 50′ 26.99″S, 153° 13′ 56.09″E, at the forks, to the mean high water mark, as shown on map 4.

Station Creek

The whole of the tidal waters and tidal lands of Station Creek including all its creeks, bays and tributaries upstream from a line drawn between point 5A at 29° 56′ 51.86″S, 153° 14′ 45.89″E and point 5B at 29° 56′ 52.70″S, 153° 14′ 47.25″E, approximately 1.2 kilometres upstream of the mouth of the creek, to the mean high water mark, as shown on map 5.

Corindi River System and Pipe Clay Lake

The whole of the tidal waters and tidal lands of the Corindi River (lower reaches), north of the main channel from a line drawn between point 6A on the northern bank of the mouth of the river at 29° 58′ 43.81″S, 153° 13′ 57.29″E to point 6B at the south eastern point of the main island at 29° 58′ 50.25″S, 153° 13′ 39.15″E, then following the southern and western part of the island to the northern point at 6C at 29° 58′ 38.11″S, 153° 13′ 38.45″E, then generally north to the eastern point of the small island at 6D at 29° 58′ 30.41″S, 153° 13′ 36.01″E, then following the southern bank of the small island to the western side of the small island to point 6E at 29° 58′ 29.50″S, 153° 13′ 32.70″E, then due west upstream to point 6F on the northern bank of the river at 29° 58′ 28.85″S, 153° 13′ 29.87″E, then following the northern bank of the river to point 6G at 29° 58′ 27.26″S, 153° 13′ 16.53″E, then upstream to point 6H on a second small island at 29° 58′ 35.06″S, 153° 13′ 14.08″E, and continues upstream to point 6I at the junction of the Corindi River and Mullet Creek at 6I at 29° 58′ 40.30″S, 153° 13′ 16.47″E, and includes the whole of the tidal waters and tidal lands of Saltwater Creek, Mullet Creek and other creeks, bays and tributaries north of the area described above, to the mean high water mark, as shown on map 6.

Central Section

The north western part extends from the mean high water mark at point 7A at 29° 54′ 31.36″S, 153° 16′ 19.27″E, approximately 1.5 kilometres (0.8 nautical miles) south of Jones Point, due east approximately 1.5 kilometres (0.8 nautical miles) to point 7B at 29° 54′ 31.36″S, 153° 17′ 13.41″E, then due south approximately 3.6 kilometres (1.9 nautical miles) to point 7C at 29° 56′ 26.88″S, 153° 17′ 13.41″E, then due west approximately 2 kilometres (1 nautical mile) to point 7D at 29° 56′ 26.88″S, 153° 16′ 01.14″E (500 metres east of Pebbly Beach northern headland) then generally north for 1 kilometre (0.5 nautical miles) at 500 metres from the mean high water mark to point 7E at 29° 55′ 52.15″S, 153° 15′ 57.90″E, then due west 500 metres to point 7F at 29° 55′ 52.15″S, 153° 15′ 39.25″E at the mean high water mark at the southern tip of Freshwater Beach, then due north along the mean high water mark to point 7A described above, as shown on map 7.

The south eastern part extends from point 7C at 29° 56′ 26.88″S, 153° 17′ 13.41″E, approximately 2.5 kilometres (1.3 nautical miles) due east of Pebbly Beach northern headland, and extends due east approximately 2.7 kilometres (1.4 nautical miles) to point 7G at 29° 56′ 26.88″S, 153° 19′ 01.99″E, then due south approximately 3.5 kilometres (1.9 nautical miles) to point 7H at 29° 58′ 23.07″S, 153° 19′ 01.99″E, then due west approximately 2.7 kilometres (1.4 nautical miles), in line with the northern tip of North Rock, to point 7I at 29° 58′ 23.07″S, 153° 17′ 13.41″E, then due north approximately 3.5 kilometres (1.9 nautical miles) to point 7C, as described above, as shown on map 7.

Jones Beach and Jones Point

From the mean high water mark at the eastern tip of the southern breakwall, generally south to point 7J at 29° 53′ 24.16″S, 153° 16′ 19.50″E, approximately 200 metres from the mean high water mark, then at 200 metres from the mean high water mark along Jones Beach and Jones Point to point 7K on the southern side of Jones Point at 29° 53′ 38.09″S, 153° 16′ 27.46″E, at a bearing of 107°, as shown on map 7.

Flat Top Point

From point 8E, at 30° 07′ 39.67″S, 153° 12′ 21.40″E then following Flat Top Point from the mean high water mark to 200 metres around Flat Top Point to point 8F at 30° 07′ 57.37″S, 153° 12′ 21.40″E, then returning due north to point 8E, as shown on map 8.

Southern Section

From the mean high water mark at the eastern tip of Bare Bluff at point 9A, at 30° 09′ 23.28″S, 153° 12′ 24.16″E, then generally east approximately 1.3 kilometres (0.7 nautical miles) in a line of sight with the northern most point of South West Solitary Island to point 9B at 500 metres from the mean high water mark of South West Solitary Island at 30° 09′ 29.78″S, 153° 13′ 12.62″E, and encompasses South West Solitary Island from the mean high water mark to 500 metres, then due south from point 9C at 30° 09′ 58.66″S, 153° 13′ 43.56″E, in line with the eastern most point of South West Solitary Island, approximately 5.3 kilometres (2.8 nautical miles) to point 9D at 30° 12′ 51.62″S, 153° 13′ 43.56″E, then due west approximately 5.6 kilometres (3 nautical miles), in line with Green Bluff to point 9E at 30° 12′ 51.61″S, 153° 10′ 12.47″E, at approximately 500 metres from the mean high water mark, then follows the mean high water mark at approximately 500 metres north around Green Bluff to point 9F at 30° 12′ 24.32″S, 153° 09′ 52.84″E, then extends generally north following the mean high water mark at 200 metres along Moonee Beach to point 9G at 30° 11′ 53.57″S, 153° 10′ 08.68″E, then due west to point 9H at 30° 11′ 53.57″S, 153° 10′ 01.20″E, at the mean high water mark, approximately 1.5 kilometres north of the northern side of Moonee Creek.

The sanctuary zone then extends from point 9H at 30° 11′ 53.57″S, 153° 10′ 01.20″E, generally north approximately 2.5 kilometres along the mean high water mark on Moonee Beach to point 9I at 30° 10′ 48.96″S, 153° 10′ 53.98″E, approximately 500 metres south of the northern tip of Moonee Beach, then follows Look at Me Now Headland at approximately 500 metres from the mean high water mark north to point 9J at 30° 10′ 19.77″S, 153° 11′ 38.96″E, at 200 metres from the mean high water mark at Dammerels Headland, then follows the shoreline north at 200 metres from the mean high water mark to point 9K at 30° 09′ 53.33″S, 153° 11′ 48.13″E at 200 metres from the mean high water mark at the northern tip of Fiddamans Beach, then due west to the northern tip of Fiddamans Beach to point 9L at the mean high water mark at 30° 09′ 53.33″S, 153° 11′ 41.56″E, then follows the mean high water mark north along Diggers Point, Back Sandy Beach and southern side of Bare Bluff to return to point 9A, as shown on map 9.

North Solitary Island

From the mean high water mark at point 11A at 29° 55′ 23.45″S, 153° 23′ 20.51″E, on the eastern side of Anemone Bay, due north approximately 50 metres to point 11B at 29° 55′ 21.82″S, 153° 23′ 20.51″E, then due west approximately 500 metres to point 11C at 29° 55′ 21.82″S, 153° 22′ 59.64″E, then in a direct line south east approximately 1.3 kilometres to point 11D at 29° 55′ 58.70″S, 153° 23′ 23.44″E, then due east approximately 200 metres to the most south westerly point of North Solitary Island at point 11E at 29° 55′ 58.70″S, 153° 23′ 31.76″E, then returning along the mean high water mark on the western side of the island to point 11A, as shown on map 11.

North West Rock

From the mean high water mark to 100 metres seaward around North West Rock, as shown on map 11.

North West Solitary Island

From the mean high water mark at point 12A at 30° 00′ 58.05″S, 153° 16′ 17.76″E, on the most northerly point of North West Solitary Island, generally north west approximately 500 metres to point 12B at 30° 00′ 45.48″S, 153° 16′ 05.59″E, then in a direct line generally south approximately 1 kilometre to point 12C at 30° 01′ 19.37″S, 153° 16′ 02.90″E, and then generally north east approximately 370 metres to the mean high water mark at the southern end of North West Solitary Island at point 12D at 30° 01′ 10.29″S, 153° 16′ 14.88″E, and returning along the mean high water mark on the western side of the island to point 12A, as shown on map 12.

South West Solitary Island (Groper Islet)

From the mean high water mark to 500 metres seaward around South West Solitary Island (Groper Islet), as shown on map 13.

South Solitary Island

From the mean high water mark at point 14A at 30° 12′ 26.71″S, 153° 15′ 59.59″E, on the most south westerly point of the main island, due west approximately 200 metres to point 14B at 30° 12′ 26.71″S, 153° 15′ 52.11″E, then in a direct line generally north west 500 metres to point 14C at 30° 12′ 13.13″S, 153° 15′ 48.81″E, 200 metres from the most south westerly point of “Birdie”, then due east to point 14D at 30° 12′ 13.13″S, 153° 15′ 52.55″E, 100 metres from the mean high water mark at “Birdie”, then follows “Birdie” at 100 metres from the mean high water mark, around “Birdie” to point 14E at 30° 12′ 15.61″S, 153° 16′ 02.60″E, and returning along the mean high water mark on the northern and western sides of the island to point 14A, as shown on map 14.

Split Solitary Island

From the mean high water mark at point 15A at 30° 14′ 23.71″S, 153° 10′ 47.76″E, to 200 metres seaward to point 15B at 30° 14′ 18.07″S, 153° 10′ 43.81″E, then follows Split Solitary Island at 200 metres from the mean high water mark south west of the split through the island to point 15C at 30° 14′ 33.61″S, 153° 10′ 55.43″E, at 200 metres seaward of the mean high water mark, then to point 15D at the mean high water mark at 30° 14′ 28.11″S, 153° 10′ 51.45″E, and returning along the mean high water mark on the southern and western sides of the island to point 15A, as shown on maps 10 and 15.

2.3   Fish cleaning

(1)  A person must not clean any fish or any fishing gear while in the sanctuary zone of the marine park except at a fish cleaning facility (if any) designated by the relevant Ministers for that purpose.

(2)  This clause does not prohibit the cleaning of fish or fishing gear while on a vessel with the consent of the relevant Ministers.

Division 3 Habitat protection zone

2.4   Description of habitat protection zone

The habitat protection zone of the marine park is comprised of the following area:

From the mean high water mark at the most easterly point of Plover Island at point 1A at 29° 40′ 17.70″S, 153° 19′ 50.71″E, due east approximately 6 kilometres (3 nautical miles) to the marine park boundary at point 1B at 29° 40′ 17.70″S, 153° 23′ 28.61″E, then generally south along the marine park boundary to point 1C at 29° 48′ 55.76″S, 153° 21′ 07.72″E, generally in line with Diggers Camp Rock Platform, then due west to point 1D at 29° 48′ 55.76″S, 153° 18′ 54.42″E, then due south to point 1E at 29° 53′ 18.28″S, 153° 18′ 54.42″E, then due east to point 1F at 29° 53′ 18.28″S, 153° 23′ 55.84″E, then due south to point 1G at 29° 56′ 26.88″S, 153° 23′ 55.84″E, then due west to point 1H at 29° 56′ 26.88″S, 153° 20′ 02.11″E, then in a north westerly direction, following the boundary of the marine park to point 1I at 29° 56′ 10.51″S, 153° 19′ 57.37″, then in a south westerly direction to point 1J as 29° 56′ 26.88″S, 153° 19′ 50.47″E, then due west to point 1K at 29° 56′ 26.88″S, 153° 19′ 01.99″E, then due south to point 1L at 30° 01′ 49.87″S, 153° 19′ 01.99″E, then due west to point 1M at 30° 01′ 49.87″S, 153° 14′ 36.70″E, then due south to point 1N at 30° 09′ 22.29″S, 153° 14′ 36.70″E, then due east to point 1O at 30° 09′ 22.29″S, 153° 15′ 37.60″E, then south east to point 1P at 30° 10′ 17.42″S, 153° 16′ 37.99″E, then due south to point 1Q at 30° 13′ 34.74″S, 153° 16′ 37.99″E, then south west to point 1R at 30° 14′ 27.51″S, 153° 15′ 37.60″E, then due west to point 1S at 30° 14′ 27.51″S, 153° 11′ 37.16″E, then due south to point 1T at 30° 18′ 18.29″S, 153° 11′ 37.16″E, at the southern boundary of the marine park, then due west to point 1U at 30° 18′ 18.29″S, 153° 09′ 16.29″E, at the mean high water mark at the eastern point of Muttonbird Island, then along the coast at the mean high water mark to point 1A, described above, including all rivers, estuaries, bays and lagoons and inlets upstream to their tidal limits and tidal lands, except those waters and tidal lands zoned as either sanctuary zone (as specified in Division 2) or special purpose zone (as specified in Division 5), as shown on map 16.

2.5   Taking of certain plants permitted

(1)  A person may take living plants of a species listed in table A in the habitat protection zone of the marine park.

(2)  A person may take seaweed from a beach in the habitat protection zone of the marine park.

(3)  This clause does not apply in respect of:

(a)  Diggers Camp Rock Platform, between point 4C at 29° 48′ 56.30″S, 153° 17′ 25.64″E and point 4D at 29° 49′ 07.78″S, 153° 17′ 28.38″E, as shown on map 4, and

(b)  Moonee Beach.

(4)  This clause applies despite clause 1.16 (Protection of animals, plants and habitat in habitat protection zone) of this Regulation.

Note. Clause 1.16 of this Regulation makes it an offence to harm a plant or damage, take or interfere with any part of the habitat in a habitat protection zone except with the consent of the relevant Ministers.

2.6   Permitted fishing activities

Note. Clause 1.17 (1) of this Regulation makes it an offence to take or attempt to take fish in a habitat protection zone unless the person is engaging in a permitted fishing activity referred to in that subclause. A permitted fishing activity includes the taking of fish by a method that is permitted by the zoning plan for a marine park.

(1)  Clause 1.17 (1) of this Regulation (relating to permitted fishing activities) applies to the habitat protection zone of the marine park subject to the provisions of this Part. Accordingly, that subclause is not to be construed as authorising any fishing activity that would contravene a provision of this Part.

Note. For example, clause 2.7 of this Part lists the species of fish that may be taken in the habitat protection zone, and Division 6 sets out general restrictions on fishing in the marine park that extend to the habitat protection zone.

(2)  For the purposes of clause 1.17 (1) (e) of this Regulation, the following fishing activities are permitted in the habitat protection zone of the marine park (in addition to those set out in clause 1.17 (1)):

(a)  the taking of fish by use of a submersible lift net (bait), but only if the fish are taken for use as bait by the fisher (and not for the purposes of sale),

(b)  the taking of fish by use of a bait trap, but only if the fish are taken for use as bait by the fisher (and not for the purposes of sale),

(c)  the taking of fish of a kind that may lawfully be taken in the habitat protection zone by the method known as beach hauling, but only at the following beaches:

(i)  Arrawarra Beach,

(ii)  Park Beach,

(iii)  Sandy Beach,

(iv)  Station Creek Beach (south of the access track to Station Creek Beach from Station Creek Road, approximately 1.8km from the southern end of the beach),

(v)  Woolgoolga Front Beach,

Note. See also clause 2.23 of this Part.

(d)  the taking of any fish of a kind that may lawfully be taken in the habitat protection zone by use of one of the following nets, if the use of the net to take that fish is lawful under the Fisheries Management Act 1994:

(i)  push or scissors net (prawns),

(ii)  hoop or lift net,

(iii)  spanner crab net,

(e)  the taking of any fish of a kind that may lawfully be taken in the habitat protection zone by use of a trap, if use of the trap to take that fish is lawful under the Fisheries Management Act 1994.

Note. Table B lists the kinds of fish that may lawfully be taken in a habitat protection zone.

(3)  Subclause (2) is also subject to the other provisions of this Part. Accordingly, that subclause is not to be construed as authorising any fishing activity that would contravene another provision of this Part.

2.7   Species protection

(1)  A person must not take or attempt to take any fish in the habitat protection zone of the marine park except:

(a)  fish of a species listed in table B, or

(b)  fish taken for use as bait by any method that is otherwise permitted under this Regulation.

(2)  Nothing in this clause permits a person to take or attempt to take a fish of a species:

(a)  the taking of which is prohibited under the Fisheries Management Act 1994, or

(b)  listed in table C.

(3)  This clause does not apply in respect of:

(a)  Diggers Camp Rock Platform, between point 4C at 29° 48′ 56.30″S, 153° 17′ 25.64″E and point 4D at 29° 49′ 07.78″S, 153° 17′ 28.38″E, as shown on map 4, and

(b)  Moonee Beach.

2.8   Species protection—Diggers Camp and Moonee Beach

(1)  A person must not take or attempt to take any fish in the area to which this clause applies except fish of the following species:

(a)  finfish (Class Osteichthyes)—all species,

(b)  sharks and rays (Class Chondrichthyes)—all species,

(c)  eastern rock lobster (Jasus verreauxi),

(d)  slipper lobster (Scyllarus spp.),

(e)  painted rock lobster (Panulirus spp.).

(2)  This clause applies to the following area:

(a)  Diggers Camp Rock Platform, between point 4C at 29° 48′ 56.30″S, 153° 17′ 25.64″E and point 4D at 29° 49′ 07.78″S, 153° 17′ 28.38″E, as shown on map 4, and

(b)  Moonee Beach.

(3)  Nothing in this clause permits a person to take or attempt to take a fish of a species:

(a)  the taking of which is prohibited under the Fisheries Management Act 1994, or

(b)  listed in table C.

2.9   Fish trapping prohibited in certain areas

A person must not, while in the following parts of the habitat protection zone of the marine park, take or attempt to take fish by use of a fish trap:

(a)  the area bound by the coordinates 29° 41′ 37.83″S, 153° 20′ 28.18″E and 29° 41′ 37.83″S, 153° 22′ 09.37″E and 29° 42′ 55.50″S, 153° 22′ 09.37″E and 29° 42′ 55.50″S, 153° 20′ 28.18″E, being the area that encompasses Sandon Shoals, as shown on map 1,

(b)  the area bound by the coordinates 29° 59′ 54.30″S, 153° 14′ 48.71″E and 29° 59′ 54.30″S, 153° 16′ 37.18″E and 30° 01′ 29.44″S, 153° 16′ 37.18″E and 30° 01′ 29.44″S, 153° 14′ 48.71″E, being the area that encompasses Chopper Rock, Surgeons Reef and North West Solitary Island, as shown on map 1,

(c)  within 500 metres of the mean high water mark of North Solitary Island, North West Rock, North West Solitary Island, South West Solitary Island, South Solitary Island or Split Solitary Island.

2.10   Crab trapping prohibited in Wooli Wooli River crab protection area

(1)  A person must not, while in the Wooli Wooli River crab protection area, take or attempt to take crabs by use of a trap.

(2)  In this clause:

Wooli Wooli River crab protection area means that part of the habitat protection zone starting from one kilometre downstream of “the forks”, from point 4E at 29° 50′ 24.24″S, 153° 14′ 36.40″E, then upstream to include the entire upper reaches of the Wooli Wooli River to the tidal limit, as shown on map 4.

2.11   Fish cleaning at Minnie Water Lagoon

(1)  A person must not clean any fish or any fishing gear while in Minnie Water Lagoon except at a fish cleaning facility (if any) designated by the relevant Ministers for that purpose.

(2)  This clause does not prohibit:

(a)  the cleaning of fish while on a vessel if the fish (including any parts that are removed or discarded) are retained on the vessel, or

(b)  the cleaning of fishing gear while on a vessel.

(3)  In this clause:

Minnie Water Lagoon means the tidal waters and tidal lands between 29° 46′ 20.61″S, 153° 17′ 55.57″E and 29° 46′ 37.36″S, 153° 18′07.60″E, extending seawards to include the exposed rocky reef.

2.12   Aquaculture

Despite clause 1.18 (Aquaculture) of this Regulation, aquaculture is not permissible in the habitat protection zone of the marine park.

Division 4 General use zone

2.13   Description of general use zone

The general use zone of the marine park is comprised of all parts of the marine park that are not included in the sanctuary zone, the habitat protection zone or the special purpose zone.

2.14   Taking of seaweed permitted

(1)  A person may take seaweed from a beach (if any) in the general use zone of the marine park.

(2)  This clause applies despite clause 1.19 ((Protection of animals, plants and habitat in general use zone) of this Regulation.

Note. Clause 1.19 of this Regulation makes it an offence to harm a plant or damage, take or interfere with any part of the habitat in the general use zone except with the consent of the relevant Ministers.

2.15   Fishing permitted

(1)  A person may take fish in the general use zone of the marine park if the taking of the fish, and the method used to take the fish, is lawful under the Fisheries Management Act 1994.

(2)  This clause is subject to the other provisions of this Part. Accordingly, this clause is not to be construed as authorising any fishing activity that would contravene another provision of this Part.

Note. Division 6 sets out some general restrictions on fishing in the marine park. Those provisions apply to the general use zone.

Division 5 Special purpose zone

2.16   Description of special purpose zones

The special purpose zones of the marine park are comprised of the following areas:

Special purpose zone 1 (Sandon River Oyster Aquaculture)

Special purpose zone 1 (Sandon River Oyster Aquaculture) is comprised of all oyster leases located in the Sandon River as identified in the NSW Fisheries aquaculture database at the commencement of this Part, as shown on map 2.

Special purpose zone 2 (Wooli Wooli River Oyster Aquaculture)

Special purpose zone 2 (Wooli Wooli River Oyster Aquaculture) is comprised of all oyster leases located in the Wooli Wooli River as identified in the NSW Fisheries aquaculture database at the commencement of this Part, as shown on map 4.

Special purpose zone 3 (Pipe Clay Lake Habitat Rehabilitation)

Special purpose zone 3 (Pipe Clay Lake Habitat Rehabilitation) comprises the whole of the tidal waters from the mouth of Pipe Clay Lake, upstream, including all of its creeks, bays and tributaries, as shown on map 6.

Special purpose zone 4 (Arrawarra Headland)

Special purpose zone 4 (Arrawarra Headland) is comprised of the area from the mean high water mark at the northern side of Arrawarra Headland at point 8A at 30° 03′ 34.14″S, 153° 12′ 06.66″E, seaward to point 8B at 30° 03′ 29.03″S, 153° 12′ 02.05″E, approximately 200 metres from the mean high water mark, then follows Arrawarra Headland at 200 metres from the mean high water to point 8C at 30° 03′ 40.30″S, 153° 12′ 14.85″E on the southern side of Arrawarra Headland, then to point 8D at the mean high water mark at Arrawarra Headland at 30° 03′ 34.38″S, 153° 12′ 11.81″E, as shown on map 8.

2.17   Zone objects

(1)  The object of special purpose zone 1 (Sandon River Oyster Aquaculture) and special purpose zone 2 (Wooli Wooli River Oyster Aquaculture) is to provide for the management of aquaculture.

(2)  The object of special purpose zone 3 (Pipe Clay Lake Habitat Rehabilitation) is to provide for rehabilitation, traditional use and research.

(3)  The object of special purpose zone 4 (Arrawarra Headland) is to provide for traditional use and research.

2.18   Fishing in special purpose zones 1 and 2

A person must not, while in special purpose zone 1 (Sandon River Oyster Aquaculture) or special purpose zone 2 (Wooli Wooli River Oyster Aquaculture):

(a)  take or attempt to take any fish by any method that cannot lawfully be used to take fish in the habitat protection zone of the marine park, or

(b)  take or attempt to take any fish that cannot lawfully be taken in the habitat protection zone of the marine park.

Note. For the relevant restrictions, see clause 1.17 of this Regulation, clauses 2.6 and 2.7 of this Part and table B.

2.19   Fishing in special purpose zones 3 and 4

A person must not, while in special purpose zone 3 (Pipe Clay Lake Habitat Rehabilitation) or special purpose zone 4 (Arrawarra Headland), take or attempt to take any fish except with the consent of the relevant Ministers.

2.20   Aquaculture

Despite clause 1.24 (Aquaculture) of this Regulation, aquaculture is not permissible in special purpose zone 3 (Pipe Clay Lake Habitat Rehabilitation) or special purpose zone 4 (Arrawarra Headland).

Division 6 General prohibitions—fishing

2.21   Identification of protected species

The following species of fish are identified as protected species for the purposes of clause 1.30 of this Regulation:

(a)  species listed in table C,

(b)  species the harming of which is prohibited under the Fisheries Management Act 1994.

Note. Clause 1.30 of this Regulation prohibits a person in a marine park from taking or harming, or attempting to take or harm, any species identified in a zoning plan as a protected species. A contravention of that prohibition is designated as a serious offence.

2.22   Setlining, purse seine netting and drift-lining

A person must not, while in any part of the marine park, take or attempt to take fish, as follows:

(a)  by use of a set line,

(b)  by use of a purse seine net,

(c)  by use of a drift line.

2.23   Beach hauling prohibited at certain times

(1)  A person must not, while in any part of the marine park, take or attempt to take fish by the method known as beach hauling:

(a)  at night, or

(b)  on a Saturday, Sunday or public holiday.

(2)  Despite subclause (1), a shot may be held on a Sunday night, but the net must not be cast during the night.

(3)  In this clause:

night means the period between sunset and sunrise.

2.24   Fish trapping

A commercial fisher must not set more than 10 fish traps within the boundaries of the marine park at any one time.

2.25   Spearfishing not permitted in estuaries

(1)  A person must not take or attempt to take fish from an estuary in the marine park by use or a spear or spear gun.

(2)  In this clause:

estuary means the waters of any lake, river, creek or lagoon that are ordinarily subject to tidal influence.

2.26   Wire traces not permitted near South Solitary Island and North Solitary Island

(1)  A person must not, while in any part of the marine park that is within 500 metres of the mean high water mark of South Solitary Island or North Solitary Island, take or attempt to take fish, while demersal fishing, using any fishing gear that has attached to it a wire trace.

(2)  This clause does not apply in respect of the use of a wire trace for trolling purposes from a vessel that is underway.

Note. The purpose of this clause is to protect the grey nurse shark. The use of a wire trace makes it easier to catch and land sharks, and difficult to release them without injury.

2.27   Taking fish for aquarium collection prohibited

(1)  A person must not, while in any part of the marine park, take or attempt to take any fish for aquarium collection purposes.

(2)  A person does not commit an offence in respect of a contravention of subclause (1) if:

(a)  the fish the subject of the charge were taken while in the habitat protection zone or general use zone, and

(b)  the activity was not carried out for a commercial purpose, and

(c)  the activity was carried out with the consent of the relevant Ministers.

Division 7 Domesticated animals

2.28   Areas in which domesticated animals prohibited

(1)  A person may bring a domesticated animal into the marine park, except as provided by subclause (2).

(2)  A person must not bring a domesticated animal into the following areas:

(a)  Sandon Beach,

(b)  Minnie Water Back Beach,

(c)  North Wooli Beach (adjacent to Yuraygir National Park),

(d)  Jones Beach,

(e)  Freshwater Beach,

(f)  Pebbly Beach,

(g)  Station Creek Beach,

(h)  Woolgoolga Beach—south of Woolgoolga Lake,

(i)  Sandy Beach,

(j)  Back Sandy Beach (Fiddamans Beach),

(k)  Emerald Beach—south of Fiddamans Creek,

(l)  Shelly Beach (Serenity Beach),

(m)  Diggers Beach,

(n)  Park Beach—north of Coffs Creek.

(3)  Despite subclause (2), a person may bring a domesticated animal into any part of the marine park:

(a)  (Repealed)

(b)  if the animal remains confined to a vessel, or

(c)  with the consent of the relevant Ministers.

(4)  This clause applies despite clause 1.29 (Domesticated animals) of this Regulation.

Note. Clause 1.29 of this Regulation makes it an offence to bring a domesticated animal into a marine park except with the consent of the relevant Ministers.

(5)  This clause is subject to the following:

(a)  the provisions of the Companion Animals Act 1998,

(b)  any notice relating to the use of animals erected by a council under section 632 of the Local Government Act 1993.

Note. Sections 14 and 30 of the Companion Animals Act 1998 prohibit cats and dogs in certain public places.

Note. Section 632 of the Local Government Act 1993 gives a council power to prohibit the bringing of domestic animals into public areas. The council is required to erect notices in the area concerned indicating that domestic animals are prohibited in the area.

Note. Section 59 of the Companion Animals Act 1998 entitles a person with a disability to be accompanied by an assistance animal being used bona fide by the person to assist the person into or onto any place open to or used by the public.

Division 8 Use of vessels and vehicles

2.29   Use of personal watercraft in estuaries prohibited

(1)  A person must not use a motorised vessel that is a personal watercraft in any estuary in the marine park.

(2)  Despite subclause (1), a person may use a personal watercraft in an estuary if the use is solely for the purpose of travelling, at a speed not exceeding 4 knots, between the ocean and the lowest boat ramp on the Sandon River, Wooli Wooli River or Corindi River.

(3)  For the purposes of this clause, a boat ramp is the lowest boat ramp on a river if it is the farthest downstream of all boat ramps on the river.

Note. Clause 1.35 of this Regulation makes it an offence to use any vessel in a marine park in contravention of the zoning plan for the marine park.

2.30   Areas in which use of vehicles prohibited

(1)  A person must not use a motorised vehicle on any of the following beaches in such a manner as to exceed a speed of 25 kilometres per hour, when within 100 metres of pedestrians, or 50 kilometres per hour at other times:

(a)  Sandon Beach

(b)  Minnie Water Beach,

(c)  Wooli Beach,

(d)  Station Creek Beach,

(e)  Woolgoolga Back Beach,

(f)  Hearns Lake Beach,

(g)  Charlesworth Bay.

(2)  A person must not use a motorised vehicle on the following beaches, except for the purpose of launching a boat:

(a)  Diggers Camp Beach,

(b)  Pebbly Beach (within 200 metres from Station Creek Headland),

(c)  Arrawarra Beach,

(d)  Woolgoolga Beach,

(e)  Sandy Beach,

(f)  Emerald Beach.

(3)  This clause does not apply in respect of an authorised vehicle, a police vehicle or an emergency vehicle.

(4)  This clause is subject to any notice relating to the use of vehicles erected by:

(a)  a park authority under clause 4 of the National Parks and Wildlife (Land Management) Regulation 1995, or

(b)  a council under section 632 of the Local Government Act 1993.

Note. Section 632 of the Local Government Act 1993 gives a council power to prohibit the use of vehicles in public places. The council is required to erect notices in the area concerned indicating that the use of vehicles in the area is prohibited.

(5)  In this clause:

authorised vehicle means a vehicle being used by an officer, employee or other authorised person acting on behalf of any of the following:

(a)  the Authority,

(b)  the National Parks and Wildlife Service,

(c)  NSW Fisheries,

(d)  Pristine Waters Council,

(e)  Coffs Harbour City Council,

(f)  any other government agency,

(g)  a surf life saving club.

emergency vehicle has the meaning given by the Road Transport (Vehicle Registration) Regulation 1998.

police vehicle has the meaning given by the Road Transport (Vehicle Registration) Regulation 1998.

Note. Clause 1.35 of this Regulation makes it an offence to use any motorised vehicle in a marine park in contravention of the zoning plan for the marine park.

Division 9 Tables

Table A—Plants that may be taken in habitat protection zone

Table B—Fish that may be taken in habitat protection zone

Table C—Protected fish

Division 10 Maps

Map 1: Solitary Islands Marine Park (Overview)

Map 2: Sandon River System (Northern Section)

Map 3: Northern Section

Map 4: Wooli Wooli River and Diggers Camp (Northern Section)

Map 5: Station Creek

Map 6: Corindi River System and Pipe Clay Lake

Map 7: Central Section (including Jones Beach and Jones Point)

Map 8: Arrawarra Headland, Flat Top Point, other headlands and coastal lagoons (Central Section)

Map 9: Southern Section

Map 10: Southern Section including Coffs Creek, Pine Brush Creek and Jordans Creek

Map 11: North Solitary Island and North West Rock

Map 12: North West Solitary Island

Map 13: South West Solitary Island (Groper Islet)

Map 14: South Solitary Island

Map 15: Split Solitary Island

Map 16: Habitat Protection Zone

Division 11 Miscellaneous

2.31   Transitional

(1)  Despite any other provision of this Regulation, the relevant Ministers may, for the purpose of assisting in the transition consequent on the commencement of the provisions of this Part, consent to any person or class of persons carrying out any activity in the marine park.

(2)  (Repealed)

(3)  A permit granted pursuant to a consent given by the relevant Ministers under this clause is to specify the period in which it remains in force. The period is not to exceed 12 months after the commencement of this Part.

(4)  For avoidance of doubt, subclause (3) does not apply in respect of a permit granted pursuant to a consent given by the relevant Ministers under another provision of this Regulation.

(5)  It is a defence to a prosecution for an offence against this Regulation if the person charged proves that the act or omission constituting the offence was authorised by, and was done or omitted in accordance with, a permit granted pursuant to a consent given by the relevant Ministers under this clause.