Marine Parks Compensation

Section 21 of the Marine Parks Act 2007 provides that the Minister must:

  • pay fair and reasonable compensation to holders of statutory authorisations if the rights conferred by their authorisations are affected by the creation of a zone or the imposition of a temporary prohibition or restriction of activities in a marine park; or
  • if the Minister considers it is appropriate, he/she may compulsorily acquire the statutory authorisation or any interest (or part of any interest) in the authorisation and pay fair and reasonable compensation for this acquisition. 

In addition, the Act provides that regulations may be made to support the operation of this section.

The Government has now finalised the Marine Parks (Statutory Authorisation Compensation) Regulations 2015. The Regulations establish a process for holders of statutory authorisations to apply for compensation if they believe a right granted by their authorisation is affected by the creation of a marine park zone or by a temporary prohibition or restriction of activities in a marine park.   In addition, the Regulations establish a process for the Government to compulsorily acquire any authorisations or interests in them.  A process for review and appeal is also provided.