Gully Marine Protected Area Regulations

6 (1) Subject to subsection (2), the Minister shall, within 30 days after receiving a plan submitted in accordance with section 5, approve the plan, subject to the following conditions, as applicable:

• (a) in the case of scientific research or monitoring activities in Zone 1, the activities

  • (i) are to be carried out for the purpose of

    • (A) managing the Gully Marine Protected Area or monitoring the effectiveness of the conservation measures being implemented in that Area, or

    • (B) investigating incidents that may have an environmental impact on the Gully Marine Protected Area, or

  • (ii) are to be carried out for a purpose other than the purposes referred to in subparagraph (i) and will not result in any damage or destruction referred to in section 4 in Zone 1 or 2;

• (b) in the case of scientific research or monitoring activities in Zone 2 or 3, the activities

  • (i) are to be carried out for the purpose of

    • (A) managing the Gully Marine Protected Area or monitoring the effectiveness of the conservation measures being implemented in that Area, or

    • (B) investigating incidents that may have an environmental impact on the Gully Marine Protected Area, or

  • (ii) are to be carried out for a purpose other than the purposes referred to in subparagraph (i) and

    • (A) will not result in any damage or destruction referred to in section 4 in Zone 1 or 2, and

    • (B) will not result in any damage or destruction referred to in section 4 in Zone 3 or will only result in damage or destruction referred to in section 4 in Zone 3 that is within the natural variation of the ecosystem in which that Zone is located; and

• (c) in the case of any other activity in the Gully Marine Protected Area, the activity

  • (i) will be limited to Zone 3,

  • (ii) will not result in any disturbance, damage, destruction or removal referred to in section 4 in Zone 1 or 2, and

  • (iii) will not result in any disturbance, damage, destruction or removal referred to in section 4 in Zone 3 or will only result in disturbance, damage, destruction or removal referred to in section 4 in Zone 3 that is within the natural variation of the ecosystem in which that Zone is located.

(2) The Minister shall not approve the plan referred to in subsection (1) if the cumulative environmental effects of the proposed activity, in combination with any other past and current activities undertaken in or affecting the Gully Marine Protected Area and any other anticipated activities that may be undertaken in or may affect that Area, are likely to result in disturbance, damage, destruction or removal that exceeds the parameters described in the conditions set out in paragraph (1)(a), (b) or (c), as applicable.