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Maritime Zones Amendment Act 2019

NIUE

MARITIME ZONES AMENDMENT ACT 2019

No. 349

Contents

1. Title
2. Commencement
3. Principal Act amended

Part 1
Preliminary matters

4. Act binds the Government
5. Application of Act

Part 2
Amendments

6. Marine Protected Areas
7. Marine Management and Spatial Planning

Part 3
General and miscellaneous provisions

Offences

8. Offences

An Act to amend the Maritime Zones Act 2013 to enable the establishment of Marine Protected Areas within the Maritime Zones of Niue and to allow for marine management and spatial planning within the Maritime Zones;

1. Title

This Act is the Maritime Zones Amendment Act 2019.

2. Commencement

This Act comes into force on the day after the date on which this Act becomes law in accordance with Article 34 of the Constitution.

3. Principal Act amended

This Act amends the Maritime Zones Act 2013.

Part 1

Preliminary matters

4. Act binds the Government

This Act binds the Government.

5. Application of Act

This Act applies to the Maritime Zones Act 2013.

Part 2

Amendments

6. Marine Protected Areas

(1) The following section is inserted after section 15 -

"15A Marine Protected Areas
"(1) Within the exclusive economic zone and the continental shelf, Niue Cabinet has the exclusive right to authorise and regulate the establishment and management of Marine Protected Areas.
"(2) Marine protected areas may be established for fisheries management, conservation or environmental protection measures.
"(3) A Marine protected area may be established subject to specific requirements or regulation as determined by Cabinet.

7. Marine Management and Spatial Planning

(1) The following section is inserted after sectionl5A -

"15B Marine Management and Spatial Planning
"(1) Within the exclusive economic zone and continental shelf to the extent that there is no inconsistency with any restrictions of an established marine protected area, Niue Cabinet has the exclusive right to authorise and regulate the establishment and management of marine management and spatial plans.
"(2) A Marine Management or Spatial plan may be established by regulation for any area within the maritime zones or within a marine protected area.

Part 3

General and miscellaneous provisions

Offences

8. Offences

(1) The following Part is inserted after Part 6 -

Part 6A
Offences
"16A Breach of a Marine Protected Area
A person who is found to be in breach of any restrictions required within a marine protected area commits an offence and is liable on conviction, -

• "(a) in the case of an individual, to a fine not exceeding 50 penalty units, or to imprisonment for a term not exceeding 6months, or both; or
• "(b) in any other case, to a fine not exceeding 100 penalty units.

I, TOGIAVALU PIHIGIA, Speaker of the Niue Assembly, certify that the requirements of Article 34 of the Niue Constitution have been complied with.

SIGNED AND SEALED at the Assembly Chambers this 23rd day of September 2019.

Speaker of the Niue Assembly

COUNTERSIGNED in the presence of the Speaker

Clerk of the Niue Assembly

This Act is administered by the Department of Agriculture, Forestry & Fisheries.

This Act was passed by the Niue Assembly on the 4th day of September 2019