Sugar Loaf Islands Marine Protected Area Act 1991

1: Short Title
This Act may be cited as the Sugar Loaf Islands Marine Protected Area Act 1991.
2: Interpretation
In this Act, unless the context otherwise requires,— Director-General marine life Wildlife Act 1953 mining mining right
a: a coal mining right within the meaning of the Coal Mines Act 1979
b: a mining licence or a prospecting licence granted under the Petroleum Act 1937
c: any authority to prospect or mine for ironsands granted by the Minister of Energy pursuant to section 3 of the Iron and Steel Industry Act 1959 section 6 of that Act section 5 of that Act section 3
d: a mining privilege within the meaning of the Mining Act 1971
e: any licence issued under section 5
f: any right to prospect or mine for minerals conferred by any other enactment or by any instrument Minister petroleum mining exclusion area Protected Area
3: Purpose of Act
The purpose of this Act is to ensure that the scenery, natural features, and ecosystems of the Protected Area that should be protected and conserved by reason of their distinctive quality, beauty, typicality, or uniqueness are conserved.
4: Principles
The Protected Area shall be administered and maintained so as to ensure that, so far as is practicable,—
a: the area, and its scenery, natural features, and ecosystems are protected and conserved in their natural state:
b: the value the area has in providing natural habitats is maintained:
c: members of the public have access to the area for recreational purposes and for the purpose of studying, observing, and recording any marine life in its natural habitat:
d: the provisions of any relevant management plan for the time being in force under the Fisheries Act 1983 Conservation Act 1987
5: Prohibition on mining
1: No person shall carry on mining in the Protected Area or be granted a mining right in respect of that area.
2: No person shall carry on mining operations within the meaning of the Petroleum Act 1937
3: Section 5(3) repealed 23 July 1993 Sugar Loaf Islands Marine Protected Area Amendment Act 1993
6: Effect of Act on Fisheries Act 1983
Nothing in this Act shall limit or affect the provisions of the Fisheries Act 1983
6A: Consents relating to New Plymouth Power Station
Nothing in this Act shall limit or affect—
a: any water right granted before or after the commencement of this Act; or
b: any coastal permit granted after the commencement of the Resource Management Act 1991 in respect of the New Plymouth Power Station. Section 6A inserted 23 July 1993 Sugar Loaf Islands Marine Protected Area Amendment Act 1993
7: Protected Area to be conservation area
1: The Protected Area is hereby deemed to be a conservation area under the Conservation Act 1987
2: Moturoa Island, Motumahanga ( Saddleback Island Conservation Act 1987
3: The remainder of the Protected Area (being the parts not referred to in subsection (2)) is hereby deemed to be a conservation park under the Conservation Act 1987
4: No person shall enter any such sanctuary area except pursuant to a permit issued by the Director-General; and the Director-General may issue a permit subject to such conditions as he or she thinks fit.
5: The provisions of the Conservation Act 1987
6: The wildlife refuges declared in respect of Moturoa Island and Motumahanga (Saddleback Island) under section 14 Section 7(2) amended 25 February 2012 section 4 Sugar Loaf Islands Marine Protected Area Amendment Act 2012
8: Protected Area may be marked
1: Subject to subsection (2), the Director-General may cause the boundaries of the Protected Area to be marked by beacons, lights, buoys, or other marks.
2: The Director-General shall not cause the boundaries of the area to be so marked without the approval of the Minister of Transport.
9: Rights of access and navigation
1: For the purposes of this Act, every person shall have free ingress, passage, and egress, into, through, and out of the Protected Area, by land or water, and with vessels or otherwise.
2: No person shall anchor in the Protected Area, except—
a: for recreational purposes only; or
b: pursuant to an authorisation given in writing by the Director-General; or
c: where it is necessitated by stress or emergency.
3: Where a vessel anchors in the Protected Area in circumstances of stress or emergency, any person may take such measures as may be reasonably necessary to avoid the loss of or injury to human life or property.
4: The Director-General may
5: A declaration under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 9(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 9(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
10: Offences
1: Every person commits an offence who—
a: carries on mining in the Protected Area; or
b: carries on mining operations within the meaning of the Petroleum Act 1937
c: anchors in the Protected Area in contravention of section 9
2: Every person who commits an offence against subsection (1) is liable on
a: in the case of a natural person, to imprisonment for a term not exceeding 1 year, or to a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $80,000. Section 10(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
10A: Control of dogs
1: Nothing in this Act derogates from the provisions of Part 5C section 26ZT(d)
2: Section 26ZT(d) Section 10A inserted 2 May 1996 section 11 Conservation Amendment Act (No 2) 1996
11: Transitional provisions relating to existing petroleum prospecting licence
1: Notwithstanding anything in this Act or any other Act, but subject to subsection (2), petroleum prospecting licence 38437 shall continue in force according to its tenor and the Petroleum Act 1937 section 5
2: Subject to subsection (3), in addition to complying with the provisions of the Petroleum Act 1937 section 11 of the Petroleum Act 1937
3: Nothing in subsection (2) applies to any work that the holder proposes to carry out under petroleum prospecting licence 38437, if the work was approved by the Minister before the commencement of this Act or an application for approval of the work was received by the Minister before that date.
12: Consequential amendment to Conservation Act 1987
Amendment(s) incorporated in the Act(s)