| An Ordinance to provide for the designation, control and management of marine parks and marine reserves, and for purposes connected therewith. (Enacted 1995) [1 June 1995] (Originally 37 of 1995) Cap 476 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Marine Parks Ordinance. (Enacted 1995) Cap 476 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Authority" (总监) means the Country and Marine Parks Authority within the meaning of section 3; "authorized officer" (获授权人员) means a person authorized by the Authority under section 24; "Board" (委员会) means the Country and Marine Parks Board established by section 5 of the Country Parks Ordinance (Cap 208); "development" (发展工程) means the carrying out of the following activities- (a) building, engineering or installation of structure; (b) digging, dredging, rock removal or extraction of minerals; (c) reclamation or dumping; (d) construction of any buoy, jetty, pier, breakwater, shelter, anchorage or other port facility; (e) laying any cable, pipe or other utility; or (f) any other similar operation,in, on, over or under any land, the sea or any tidal water within Hong Kong; "land" (土地) includes land covered by water; "marine life" (海洋生物), in relation to a marine park or marine reserve, as the case may be, includes all animals and plants therein; "marine park" (海岸公园) means any area that is designated as a marine park under section 15; "marine reserve" (海岸保护区) means any area that is designated as a marine reserve under section 15; "new development" (新发展工程) means any development other than development in respect of which all the necessary approvals and permissions have been obtained prior to the date of publication in the Gazette of a notice under section 8(1) in respect of the area where the development is carried out, but does not include any work carried out for the purposes of inspecting, maintaining or repairing any utility or any sewer, main, pipe, cable or other apparatus; "proposed marine park" (建议中的海岸公园) means any area that is proposed to be designated as a marine park; "proposed marine reserve" (建议中的海岸保护区) means any area that is proposed to be designated as a marine reserve; "Secretary of the Board" (委员会秘书) means the Secretary of the Country and Marine Parks Board appointed under section 5(8) of the Country Parks Ordinance (Cap 208); "vessel" (船只) means- (a) any ship, junk, boat, dynamically supported craft, seaplane, or any other description of vessel used in navigation; and (b) any other description of vessel in Hong Kong or in the waters of Hong Kong not used in navigation or not constructed or adapted for use in navigation,but does not include a ship of war or any vessel having the status of a ship of war. (Enacted 1995) Cap 476 s 3 Control and management of marine parks and marine reserves PART II DUTIES OF COUNTRY AND MARINE PARKS AUTHORITY AND FUNCTIONS OF COUNTRY AND MARINE PARKS BOARD (1) Subject to this Ordinance, the control and management of marine parks and marine reserves are vested in the Country and Marine Parks Authority. (2) The Director of Agriculture, Fisheries and Conservation shall be the Authority for the purposes of this Ordinance. (Amended L.N. 331 of 1999) (Enacted 1995) Cap 476 s 4 Duties of the Authority Remarks: Adaptation amendments retroactively made - see 34 of 2000 s. 3 For the purposes of this Ordinance, it shall be the duty of the Authority- (a) to make recommendations to the Chief Executive in Council for the designation of areas as marine parks or marine reserves; (Amended 34 of 2000 s. 3) (b) to control and manage marine parks and marine reserves, and to take such measures in respect of marine parks and marine reserves as the Authority considers necessary, for the purposes of- (i) protecting, restoring and, where the Authority considers necessary, enhancing the marine life in and marine environment of any marine park or marine reserve; (ii) managing the uses of resources in marine parks to meet the needs and aspirations of present and future generations of mankind; (iii) facilitating recreational activities in marine parks; and (iv) providing opportunities for educational and scientific studies in the marine life in and marine environment of marine parks and marine reserves; and(c) generally to administer this Ordinance. (Enacted 1995) Cap 476 s 5 Functions of the Board For the purposes of this Ordinance, the Board shall- (a) act as a consultative body to advise the Authority upon any matter referred to it by the Authority under this Ordinance; (b) consider and advise the Authority on the policy of and programmes prepared by the Authority in respect of marine parks and marine reserves, including proposed marine parks and proposed marine reserves; and (c) consider any objections that may be lodged under section 12. |
