CHAPTER 146
MARINE PARKS AND RESERVES ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
ESTABLISHMENT OF MARINE PARKS AND RESERVES UNIT

   3.   Establishment and functions of Marine Parks and Reserves Unit.

PART III
ESTABLISHMENT AND FUNCTIONS OF THE BOARD

   4.   Appointment and functions of the Board.

   5.   Appointment and functions of the Advisory Committee.

   6.   Appointment and functions of a Warden.

PART IV
ESTABLISHMENT OF MARINE PARKS AND RESERVES REVOLVING FUND

   7.   Establishment and sources of the Revolving Fund.

PART V
INVOLVEMENT OF THE VILLAGE COUNCILS

   8.   Role of village councils.

PART VI
DECLARATION OF MARINE PARKS AND RESERVES

   9.   Declaration of marine parks and reserves.

   10.   Purposes of marine parks and reserves.

   11.   Amendment or revocation by resolution of Parliament.

   12.   Resolution of conflict.

   13.   Restriction on grant of right, licence, title, etc.

PART VII
GENERAL MANAGEMENT PLAN

   14.   Adoption of general management plan.

   15.   Collaboration in preparation of general management plan.

   16.   Notification on the adoption and restriction on allocation in buffer zones.

PART VIII
ZONES WITHIN MARINE PARKS

   17.   Plan of zones and contents.

PART IX
REGULATIONS CONCERNING ENTRY, RESIDENCE AND SETTLEMENT IN A MARINE PARK OR RESERVE

   18.   Regulations restricting entry, residence, and settlement in a marine park or reserve.

   19.   Regulations in relation to local resident users.

   20.   Regulations under sections 16, 17, 18 and 19.

   21.   Prohibition, restriction or control of residency or settlement in marine parks.

PART X
OTHER REGULATIONS

   22.   Restriction of certain activities in marine parks or reserves.

PART XI
GENERAL POWERS OF THE MINISTER TO MAKE REGULATIONS

   23.   General powers of the Minister.

   24.   Restriction on commercial activities, mining, etc., in a marine park or reserve.

   25.   Acts in defence of human life, property, etc., not to constitute offences under this Act.

   26.   Orders under this Act to be published and submitted to village councils.

PART XII
APPEALS

   27.   Appeals to lie to the Board and the Minister.

   28.   Orders of general application not to be appealable.

   29.   Appeal authority may vary, affirm or set aside a decision, etc.

   30.   Minister to make rules of procedure on appeal.

PART XIII
ENFORCEMENT

   31.   Court of competent jurisdiction and powers of authorised officers to prosecute under this Act.

   32.   Penalties.

   33.   Powers of seizure and forfeiture, etc.

   34.   Proof and admissibility of documents and signature.

   35.   Liability under other laws.

   36.   Compensation for damages or injuries.

   37.   Award for information leading to conviction of offender.

   38.   Detention of offenders pending arrival of authorised officer.

PART XIV
MISCELLANEOUS PROVISIONS

   39.   Preference to local resident user in granting licences, etc.

   40.   Permit, etc., not to be granted to disqualified persons.

   41.   Land acquisition and its effects.

   42.   Unit to be a body corporate.

   43.   Applicability of other laws to this Act.

   44.   Liability of authorised officer, etc.

PART XV
REPEALS, SAVINGS AND TRANSITIONAL PROVISIONS

   45.   [Repeal of Cap. 279.]

   46.   [Amendment of Cap. 283.]

   47.   [Amendment of Cap. 323.]

   48.   [Amendment of Cap. 123.]

   49.   Provisions of this Act to supersede others.

   50.   Amendment, etc., of Schedules.

SCHEDULES

CHAPTER 146
THE MARINE PARKS AND RESERVES ACT

An Act to provide for the establishment, management and monitoring of marine parks and reserves, to establish a Marine Park and Reserves Unit, and for related matters.

[1st May, 1995]
[G.N. No. 314 of 1995]

Act No. 29 of 1994

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Marine Parks and Reserves Act.

2.   Interpretation

   In this Act, unless the context requires otherwise–

   "Advisory Committee" means the Advisory Committee of the Marine Parks appointed under section 5;

   "animal" includes–

   (a)   any member of the animal kingdom, whether alive or dead, including fish, but shall not include human beings;

   (b)   all or part of the shell, feather, skin, egg, or any other part of an animal;

   "aquaculture" means the propagation of fish seed or the raising of fish through husbandry during the whole or part of its lifecycle;

   "aquatic flora" means all aquatic plants, seaweeds, water weeds and other members of the aquatic vegetable kingdom and includes mangroves;

   "aquatic substrate" means any rock, stone, gravel, sand, shell, limestone, earth and other geological or submerged formation, and includes dead coral, whether or not removed from its natural location;

   "appeals authority" means–

   (a)   on an appeal to the Unit Manager, the Unit Manager;

   (b)   on an appeal to the Board, the Board; and

   (c)   on an appeal to the Minister, the Minister;

   "authorised officer" means–

   (a)   the Unit Manager, Warden or any other officer designated pursuant to PART XIII to enforce the provisions of this Act;

   (b)   any police officer or other fisheries officer;

   "Board" means the Board of Trustees established under section 4;

   "buffer zone" means any area outside of a marine park which is designated to be a buffer zone of a marine park pursuant to section 16;

   "certificate" means a local resident user certificate described in section 19;

   "Director" means the Director of Fisheries appointed under the Fisheries Act *;

   "explosive" means dynamite, bomb, detonator, or any blasting agent or substance used in the manufacture of explosives;

   "fish" means all forms of amphibious or aquatic animal life, including turtles, shellfish, marine mammals, and the young of any amphibious or aquatic animals; and the spat, brood, fry, spawn, ova and young of all such fish;

   "fish product" means anything made, collected or obtained from fish or aquatic flora and includes fish meal, dried fish, fish manure offal, fish silage, canned fish, fish oil, pearl, mother of pearl, shell, bêche de mer, ambergris, larva and sponge;

   "fishing industry" includes the collection, capture or gathering of fish, fish product, or aquatic flora and includes the collection of coral;

   "general management plan" means a general management plan adopted pursuant to section 14;

   "local government authority" means district authority, urban authority or township authority;

   "local resident user" means a person who resides within the boundaries of a marine park or reserve or 800 metres outside those boundaries and includes any person who satisfies the Warden that he has come to the area for the purpose of exploitation of the resources of the marine park or reserve;

   "marine park or marine reserve" means an area designated as a marine park or marine reserve pursuant to section 9;

   "Minister" means the Minister for the time being responsible for marine parks and reserves;

   "Permanent Secretary" means the Permanent Secretary of the ministry responsible for marine parks and reserves;

   "plant" means any member of the vegetable kingdom, including grass, weeds, trees, or shrubs whether growing on dry land or in fresh or salt water;

   "poison" means any natural or synthetic substance material or thing used to kill or injure animals or plants;

   "structure" means any marker, buoy, monument, fence, road, building, or other man-made item or item brought in from outside a marine park or reserve, that is intentionally built or placed within a marine park or reserve;

   "trap" means any mechanical or fixed device that kills, injures or captures marine mammals and turtles;

   "Unit" means the Marine Parks and Reserves Unit established under section 3;

   "Unit Manager" means the person designated as the Unit Manager pursuant to section 3;

   "vegetation" means any form of vegetable matter, alive or dead whether growing on dry land or in fresh or salt water;

   "Village Council" means the village council established under the Local Government (District Authorities) Act *;

   "weapon" means any device or instrument designed to be propelled or to propel any missile for the purpose of catching, impelling or killing animals and includes all firearms, bows, crossbows, spearguns and throwing spears;

   "zone" means a zone created by a zoning plan;

   "zoning plan" means a zoning provision of a general management plan as described in section 17.

PART II
ESTABLISHMENT OF MARINE PARKS AND RESERVES UNIT (s 3)

3.   Establishment and functions of Marine Parks and Reserves Unit

   (1) There shall be established a unit to be known as the Marine Parks and Reserves Unit.

   (2) The Unit under subsection (1) shall be within the Division of Fisheries and shall be established by the Director who shall in consultation with the Board, appoint the Unit Manager to administer the Unit.

   (3) The functions of the Unit shall include to–

   (a)   establish and monitor, the control, management and administration of marine parks and reserves;

   (b)   seek funds for the establishment and development of marine parks and reserves;

   (c)   expend such funds in furtherance of the establishment and development of marine parks and reserves;

   (d)   implement and enforce the provisions of this Act and subsidiary legislation pursuant to section 18 to 38 of this Act;

   (e)   do all such other things which are necessary and within the powers of the Unit.

   (4) Without prejudice to the generality of subsection (3), in carrying out its functions and promoting the purposes of the Act, the Unit may undertake, within and with the consent of the Minister, outside the marine parks and reserves any of the following functions–

   (a)   establish, operate or manage office and service for the purpose of their duties and functions under this Act, in the publicizing of their activities, the promotion of interest in the conservation of fish, aquatic flora, animals, vegetation and other features and the assistance of visitors to the marine parks;

   (b)   provide educational and informational services to local resident users of any marine park or reserve;

   (c)   establish, operate or manage or grant concessions or licences to other persons to operate or manage on their behalf any rest camps, lodges, restaurants or other places for the accommodation of visitors travelling to or from any marine park or for the accommodation of visitors in any place of aesthetic, geological, prehistoric, archaeological, historic, or scientific interest, which may be operated in connection with any marine park; and

   (d)   operate transport services for the conveyance of visitors to or from the marine parks or other places managed or operated by or on behalf of the Unit.

PART III
ESTABLISHMENT AND FUNCTIONS OF THE BOARD (ss 4-6)

4.   Appointment and functions of the Board

   (1) There shall be a Board of Trustees for Marine Parks and Reserves whose members shall within two months of the coming into effect of this Act, be appointed by the Minister upon the advice of the Permanent Secretary.

   (2) The appointment, tenure, quorum, proceedings and meetings of the members of the Board, shall be as provided for in the First Schedule to this Act.

   (3) The functions of the Board shall be to–

   (a)   formulate policies on marine parks and related facilities and activities;

   (b)   oversee the use of the Marine Parks and Reserves Revolving Fund;

   (c)   advise the Director on management of marine reserves; and

   (d)   advise the Minister on approval, revision and amendment of general management plan of any marine parks.

   (4) Without prejudice to the generality of subsection (3), the Board shall advise and direct the Unit Manager on–

   (a)   the designation of specified marine and coastal areas as marine parks, marine reserves or buffer zones; and

   (b)   drafting and implementation of regulations, and other matters affecting marine parks and reserves.

5.   Appointment and functions of the Advisory Committee

   (1) There shall be an Advisory Committee for each marine park whose members shall within three months of the coming into effect of this Act, be appointed by the Permanent Secretary on approval of the Board.

   (2) The appointment, tenure of office, quorum, proceedings and meetings of the Advisory Committee shall be as provided for in the Second Schedule to this Act.

   (3) The functions of the Advisory Committee shall be to–

   (a)   advise the Board on the management and regulations of marine parks;

   (b)   oversee the operation of marine parks;

   (c)   consult with the Warden on technical, scientific and operational matters concerning the marine parks; and

   (d)   propose names to the Board for the purposes of appointing a Warden.

6.   Appointment and functions of a Warden

   (1) There shall be appointed by the Board a Warden for each marine park.

   (2) The Warden shall administer the park subject to the control and authority of the Board and the advice of the Advisory Committee.

   (3) The Warden shall, in consultation with the Board appoint officers to administer the park.

PART IV
ESTABLISHMENT OF MARINE PARKS AND RESERVES REVOLVING FUND (s 7)

7.   Establishment and sources of the Revolving Fund

   (1) There is hereby established a fund to be known as Marine Parks and Reserves Revolving Fund which shall serve as a repository for–

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