Environment Protection and Biodiversity Conservation Act 1999 Section 359B Approval of Non-Commercial Fishing in Parts of the Solitary Islands Commonwealth Marine Reserve – General Use and Habitat Protection Zones of the Former Solitary Islands Marine Reserve (Commonwealth Waters) Approved areas The areas specified in Parts 1 and 2 of the Schedule to this approval, being the General Use Zone and Habitat Protection Zone of the former Solitary Islands Marine Reserve (Commonwealth Waters) declared by Proclamation on 3 March 1993 and revoked by a Proclamation that came into effect on 17 November 2012. Note: The Sanctuary Zone of the former reserve – the area specified in Part 3 of the Schedule is not an approved area. Approved action Non-commercial fishing (taking, keeping, moving fish for non-commercial purposes) Approved persons All persons taking the approved action (including all employees, servants, agents, contractors, clients and invitees engaged in or taking part in the approved action). Conditions of approval 1. Subject to condition 2 the approved action must be taken in accordance with laws of the State of New South Wales relating to recreational fishing, including (without limitation): a. holding and complying with any usage right required to take the action; and b. complying with the legal lengths, catch limits, permitted gear and other requirements. 2. The approved action must be taken in accordance with: a. the Environment Protection and Biodiversity Conservation Act 1999; b. the Environment Protection and Biodiversity Conservation Regulations 2000; c. any prohibitions, restrictions or determinations made under the Regulations; and d. any other notices, information, guidelines, codes of conduct or protocols issued by, or under the authority of, the Director of National Parks. Unless sooner revoked this approval remains in effect until a management plan comes into effect for the reserve. Signed - 14 December 2013 Charlton Clark Assistant Secretary Commonwealth Marine Reserves Branch Parks Australia Department of the Environment Delegate of the Director of National Parks Schedule – Part 1 Former Solitary Islands Marine Reserve (Commonwealth Waters) General Use Zone All of that area in the South Pacific Ocean, excluding any coastal waters of the State (1) of New South Wales, bounded by the line(2): (i) (ii) (iii) (iv) (v) commencing at the intersection of the parallel of latitude 29° 46′ 42″ S and the coastline of New South Wales at mean low water; from there east along that parallel to its intersection by the line corresponding with the 50 metre isobath below mean high water on the coast of New South Wales; from there generally southerly along that isobath to its intersection by the parallel of latitude 30° 18′ 19.27″ S; from there west along that parallel to its intersection by the coastline of New South Wales at mean low water; and from there generally northerly along that low water mark to the point of commencement. Notes: 1. The coastal waters of the State has the same meaning as in subsection 3 (1) of the Coastal Waters (State Powers) Act 1980. 2. Geographic coordinates are expressed in terms of the Geocentric Datum of Australia 1994 (GDA94) as described in the Commonwealth of Australia Gazette GN35 of 6 September 1995. Map of the Former Solitary Islands Marine Reserve (Commonwealth Waters) General Use Zone Schedule – Part 2 Former Solitary Islands Marine Reserve (Commonwealth Waters) Habitat Protection Zone (a) All of that area in the South Pacific Ocean, excluding any coastal waters of the State (1) of New South Wales, and excluding the area described in part (b) of this schedule, bounded by the line (2): (i) commencing at the intersection of the parallel of latitude 29° 40′ 18.28″ S and the coastline of New South Wales at mean low water; (ii) from there east along that parallel to its intersection by the line corresponding with the 50 metre isobath below mean high water on the coast of New South Wales; (iii) from there generally southerly along that isobath to its intersection by the parallel of latitude 29° 46′ 42″ S; (iv) from there west along that parallel to its intersection by the coastline of New South Wales at mean low water; and (v) from there generally northerly along that low water mark to the point of commencement. (b) All of that area described in Part 3 of this schedule. Notes: 1. The coastal waters of the State has the same meaning as in subsection 3 (1) of Coastal Waters (State Powers) Act 1980. the 2. Geographic coordinates are expressed in terms of the Geocentric Datum of Australia 1994 (GDA94) as described in the Commonwealth of Australia Gazette GN35 of 6 September 1995. Map of the former Solitary Islands Marine Reserve (Commonwealth Waters) Habitat Protection Zone Schedule – Part 3 Former Solitary Islands Marine Reserve (Commonwealth Waters) Sanctuary Zone All of that area in the South Pacific Ocean, enclosed within the circumference of a circle of radius 500 metres, the centre of which is at the point of latitude 29° 41′ 52.35″ S, longitude 153° 23′ 51.87″ E (1). Notes: 1. Geographic coordinates are expressed in terms of the Geocentric Datum of Australia 1994 (GDA94) as described in the Commonwealth of Australia Gazette GN35 of 6 September 1995. Map of the Former Solitary Islands Marine Reserve (Commonwealth Waters) Sanctuary Zone