Legislation

The key pieces of legislation relating to the marine environment are shown in the figure below.

Resource Management Act 1991

Most activities that have an environmental impact on the territorial sea, with the major exception of fishing, are managed under the RMA. These include land-based activities which impact on the marine area such as farming, forestry and urban development; activities within the marine area such as boating and aquaculture; and major marine works such as reclamation, dredging and the construction of wharves, jetties, sea walls and outfalls. 

The RMA is described in detail elsewhere on this website. The RMA and its relation to the marine environment is discussed in the following sections.

Part 2 

Part 2 of the RMA provides a purpose and set of principles to govern all management under the Act. The purpose of the RMA is to promote “sustainable management” of natural and physical resources. This is defined in the legislation to mean (section 5(2)):

“… managing the use, development and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural wellbeing and for their health and safety while –

(a)   Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonable foreseeable needs of future generations;
(b)   Safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and
(c)    Avoiding, remedying or mitigating any adverse effects of activities on the environment.”

Matter of national importance 

Matters of national importance identified in section 6 of the RMA, which decision-makers are required to recognise and provide for, and which are relevant to marine management include: 

• The preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development
• The protection of outstanding natural features and landscapes from inappropriate subdivision, use, and development
• The protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna
• The maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers
• The relationship of Māori and their culture and traditions with their ancestral lands, water, sites, wāhi tapu, and other taonga
• The protection of historic heritage from inappropriate subdivision, use, and development
• The protection of recognised customary activities

The Māori-related provisions in Part 2 of the RMA, which have been utilised extensively, are section 6(e) which relates to the relationship of Māori with the marine area; section 7(a) which requires decision-makers to have particular regard to kaitiakitanga; and section 8 which requires decision-makers to take into account the principles of the Treaty of Waitangi.

Planning Hierachy 

Management of the coastal environment at a regional and local level is carried out within the framework established by the New Zealand Coastal Policy Statement 2010 (NZCPS). The NZCPS is prepared and recommended for approval by the Minister of Conservation, and other policy and planning documents within a planning hierarchy established under the RMA. The NZCPS is discussed further below.

 Regional policy statements, regional plans, and district plans must give effect to the policies contained within the NZCPS. The phrase “give effect to” means “implement”. It is a strong directive that creates a firm obligation on the part of those subject to it. The NZCPS is more than a “[list] of potentially relevant considerations, which will have varying weight in different fact situations” and its specific and unqualified policies (such as policies 11, 13, and 15) provide environmental bottom lines”. ⁴⁸²⁶

Regional policy statements, prepared by regional councils, provide an overview of resource management issues throughout the region and identify policies and methods to achieve the integrated management of natural and physical resources. They cover all of the catchments and the territorial sea within a council’s jurisdiction, so can embrace a mountains-to-the-sea management approach.

 Regional councils are also required to prepare a regional coastal plan that applies to activities in the marine area below mean high water springs. These usually include the identification and “zoning” of some marine areas for protection, as well as for specific activities such as ports, wharves, marinas, moorings, and marine farms. Other activities not specifically provided for are usually assessed against a set of criteria that are laid out in the plan. Regional coastal plans must be approved by the Minister of Conservation before becoming operative.

 Several regional councils have prepared regional coastal environment plans that extend over the land and water portions of the coast. They typically contain objectives and policies which apply to the whole area, but the rules apply only to the coastal marine area, leaving district councils to develop rules to control land-based development within the guidance provided by the regional plan.

 Regional councils may prepare other regional plans to assist them to carry out their functions under the RMA. These functions include soil conservation, air quality, water quality and quantity, and biodiversity. The management of soil and freshwater, in particular, can have significant effects on the marine environment which is the ultimate receiving environment for most discharges from land.  

 Territorial authorities are charged with controlling the “effects” of the use, development, or protection of land, including effects within the land portion of the coastal environment but not in the marine area. Provisions in the plans control activities such as subdivision and the building of houses and structures. Rules may determine the location, density, and design of development that is likely to be permitted within the catchment and on the coast. They may also control activities such as vegetation clearance and earthworks which can generate sediment that ends up in the marine area.

 The objectives, policies, and rules in regional and district plans determine whether or not a consent is required before an activity can commence and the criteria that will apply when considering resource consent applications. Unlike the case with the use of land, most activities within the coastal marine area cannot be undertaken unless expressly authorised by a provision of a regional coastal plan or a resource consent.

Case note: KPF Investments Limited v Marlborough District Council [2014] NZEnvC 152

In 2014, the Environment Court considered whether a resource consent application to convert a mussel farm (located in Pelorus Sound) to a salmon farm should be granted. ⁴⁸²⁷ The site was identified as an “Area of Outstanding Landscape Value” in the Marlborough Sounds Resource Management Plan and therefore section 6(b) RMA and policy 15 NZCPS were applicable. This decision is one of the first to address the application of the Supreme Court decision Environmental Defence Society v The New Zealand King Salmon Company Limited to the determination of resource consents.

 One of the issues considered by the court was the application of the broad judgement approach to resource consent applications. Applying the overall broad judgment approach to the definition of sustainable management in the RMA involves making a broad overall judgement as to whether a proposal represents sustainable management. The decision maker must take into account all relevant considerations, their scale and degree, and their relative significance. It places a broad discretion in the hands of the decision-maker. Even if a proposed development fails to meet one or more of the requirements of subsections (a) to (c) in the purpose of the RMA, it may still be deemed to constitute sustainable management, particularly if it generates substantial positive social and economic benefits. The environmental bottom line approach involves viewing the matters in (a) to (c) as non-negotiable bottom lines which must be met in all cases, thus enabling people and communities to provide for their wellbeing must not render incapable the fulfilment of the objectives specified in the three subparagraphs.

 The Environment Court held that the overall broad judgment approach (as described in North Shore City Council v Auckland Regional Council) is still applicable to resource consenting ‘provided it is recognised that the weight to be given to the relevant considerations must be carefully allocated by reference to both the strong directions in sections 6 to 8 and to any particularisation of those in the statutory instruments from national policy statements down to district plans’.

 This decision indicates that, while the overall broad judgment approach may remain correct in the resource consent context (noting that this is yet to be considered by a higher court), the Environmental Defence Society v King Salmon decision has resulted in a much stronger focus on national policy statements (particularly where there is a clear direction in those documents) and these are to be accorded ‘a heavy weight’ amongst all the relevant considerations.

Ministerial 'call-in' powers

 In most cases, applications for activities within the marine area are considered by the regional council in the first instance, and this decision can be appealed to the Environment Court.  A proposal of national significance may be “called in” by the Minister of Conservation and considered by a Board of Inquiry or the Environment Court, with appeals limited to questions of law in the High Court. See Matter of National Significance. 

New Zealand Coastal Policy Statement 

The New Zealand Coastal Policy Statement (NZCPS) sets out a number of objectives and policies to be applied to the coastal environment. These relate to a wide range of matters including the precautionary approach, integrated management, aquaculture, ports, reclamation, biodiversity, natural character, landscapes, surf breaks, heritage, public access, water quality, and coastal hazards. 

 The following objectives and policies have particular importance for managing the marine environment.

Objective 1 of the NZCPS seeks to protect representative or significant natural ecosystems and sites of biological diversity in the coastal environment. This objective also seeks to maintain the diversity of indigenous coastal flora and fauna. Other elements of Objective 1 are important for coastal biodiversity including “maintaining or enhancing natural biological and physical processes”, sustaining ecosystems, and maintaining coastal water quality. The vision of the NZCPS, as set out in Objective 1, is to maintain coastal water quality and enhance it where it has deteriorated as a result of human activity. 

Objective 1 To safeguard the integrity, form, functioning and resilience of the coastal environment and sustain its ecosystems, including marine and intertidal areas, estuaries, dunes and land, by:

• maintaining or enhancing natural biological and physical processes in the coastal environment and recognising their dynamic, complex and interdependent nature;
• protecting representative or significant natural ecosystems and sites of biological importance and maintaining the diversity of New Zealand’s indigenous coastal flora and fauna; and
• maintaining coastal water quality, and enhancing it where it has deteriorated from what would otherwise be its natural condition, with significant adverse effects on ecology and habitat, because of discharges associated with human activity.

Policy 3 of the NZCPS requires that a precautionary approach be taken when effects from proposed activities are uncertain, but could be significantly adverse. There is a particular focus on taking such an approach when dealing with resources that are vulnerable to climate change. This is a key approach that is recognised as part of the Rio Declaration on Environment and Development 1992. The Department of Conservation, through its document NZCPS 2010 Guidance note Policy 3: Precautionary approach, has suggested that the application of the precautionary approach requires a risk management approach rather than a risk assessment approach. It is when the risk of potential significant adverse or irreversible environmental effects cannot be adequately assessed (because of uncertainty about the nature and consequences of human activities or other processes) that a precautionary approach becomes appropriate

In terms of protecting marine biodiversity, Policy 12 recognises the importance of marine biosecurity. It requires regional councils to control, as far as practicable, activities which could cause harmful aquatic organisms to be released or spread. It identifies a number of activities which might cause this including the introduction of marine structures, vessels, dredging, and aquaculture.

Policy 12 Harmful aquatic organisms

(1) Provide in regional policy statements and in plans, as far as practicable, for the control of activities in or near the coastal marine area that could have adverse effects on the coastal environment by causing harmful aquatic organisms to be released or otherwise spread, and include conditions in resource consents, where relevant, to assist with managing the risk of such effects occurring.

(2) Recognise that activities relevant to (1) include:

(a) the introduction of structures likely to be contaminated with harmful aquatic organisms;

(b) the discharge or disposal of organic material from dredging, or from vessels and structures, whether during maintenance, cleaning or otherwise; and whether in the coastal marine area or on land;

(c) the provision and ongoing maintenance of moorings, marina berths, jetties and wharves; and

(d) the establishment and relocation of equipment and stock required for or associated with aquaculture

 Policy 21 of the NZCPS  addresses enhancement of water quality in the coastal environment. It seeks to achieve this by including a number of requirements:

•  “Priority” is to be given to improving the quality of water where it is having a significant adverse effect on ecosystems, natural habitats or water-based recreational activities, or where it is restricting existing uses such as shellfish gathering;
• Regional councils must identify such areas of coastal water and water bodies and include them in their plans;
• Regional councils must then include provisions in their plans to improve water quality in the areas identified above. Water quality should be restored at least to a state that can support activities, ecosystems, and natural habitats, where practicable; and 
• Regional councils must require that livestock be excluded from the coastal marine area, adjoining intertidal areas and other water bodies and riparian margins in the coastal environment, within a prescribed time frame.

Policy 21 Enhancement of water quality

Where the quality of water in the coastal environment has deteriorated so that it is having a significant adverse effect on ecosystems, natural habitats, or water based recreational activities, or is restricting existing uses, such as aquaculture, shellfish gathering, and cultural activities, give priority to improving that quality by:

(a) identifying such areas of coastal water and water bodies and including them in plans;

(b) including provisions in plans to address improving water quality in the areas identified above;

(c) where practicable, restoring water quality to at least a state that can support such activities and ecosystems and natural habitats;

(d) requiring that stock are excluded from the coastal marine area, adjoining intertidal areas and other water bodies and riparian margins in the coastal environment, within a prescribed time frame; and

(e) engaging with tangata whenua to identify areas of coastal waters where they have particular interest, for example in cultural sites, wāhi tapu, other taonga, and values such as mauri, and remedying, or, where remediation is not practicable, mitigating adverse effects on these areas and values.

Objective 2 of the NZCPS 2010 sets out a vision for the preservation of the natural character of New Zealand’s coast. It recognises the “characteristics and qualities” that contribute to natural character and the importance of identifying areas where development is inappropriate and where these characteristics and qualities should be protected. It also encourages restoration of the coastal environment. Preserving natural character requires maintaining natural processes, elements, and patterns. In addition, it requires the integrity, functioning, and resilience of the coastal environment to be preserved. 

Objective 2 To preserve the natural character of the coastal environment and protect natural features and landscape values through:

• recognising the characteristics and qualities that contribute to natural character, natural features and landscape values and their location and distribution;
• identifying those areas where various forms of subdivision, use, and development would be inappropriate and protecting them from such activities; and
• encouraging restoration of the coastal environment.

There are a number of policies related tonatural character which set out how natural character should be preserved. Forexample nutrients and sediment discharged from land can negativelyeffectthe natural character of the coastal environment. Effective catchment management is required to reduce its impact. 

Policy 13(1)(a) includes the need to “avoid adverse effects of activities on natural character in areas of the coastal environment with outstanding natural character” and Policy 13(1)(b) includes the need to “avoid significant adverse effects and avoid, remedy or mitigate other adverse effects of activities on natural character in all other areas of the coastal environment”. This recognises that many activities in the marine environment can have an impact on natural character, including aquaculture, structures, mining, etc. Policy 14 sets out the ways that restoration or rehabilitation of the natural character of the coastal environment should be achieved. 

Policy 13 Preservation of natural character

(1) To preserve the natural character of the coastal environment and to protect it from inappropriate subdivision, use, and development:

(a) avoid adverse effects of activities on natural character in areas of the coastal environment with outstanding natural character; and
(b) avoid significant adverse effects and avoid, remedy or mitigate other adverse effects of activities on natural character in all other areas of the coastal environment; including by:
(c) assessing the natural character of the coastal environment of the region or district, by mapping or otherwise identifying at least areas of high natural character; and
(d) ensuring that regional policy statements, and plans, identify areas where preserving natural character requires objectives, policies and rules, and include those provisions.

(2) Recognise that natural character is not the same as natural features and landscapes or amenity values and may include matters such as:
(a) natural elements, processes and patterns;
(b) biophysical, ecological, geological and geomorphological aspects;
(c) natural landforms such as headlands, peninsulas, cliffs, dunes, wetlands, reefs, freshwater springs and surf breaks;
(d) the natural movement of water and sediment;
(e) the natural darkness of the night sky;
(f) places or areas that are wild or scenic;
(g) a range of natural character from pristine to modified; and
(h) experiential attributes, including the sounds and smell of the sea; and their context or setting.

Policy 14 Restoration of natural character Promote restoration or rehabilitation of the natural character of the coastal environment, including by : 

(a) identifying areas and opportunities for restoration or rehabilitation;
(b) providing policies, rules and other methods directed at restoration or rehabilitation in regional policy statements, and plans;
(c) where practicable, imposing or reviewing restoration or rehabilitation conditions on resource consents and designations, including for the continuation of activities; and recognising that where degraded areas of the coastal environment require restoration or rehabilitation, possible approaches include:
(i) restoring indigenous habitats and ecosystems, using local genetic stock where practicable; or
(ii) encouraging natural regeneration of indigenous species, recognising the need for effective weed and animal pest management; or
(iii) creating or enhancing habitat for indigenous species; or
(iv) rehabilitating dunes and other natural coastal features or processes, including saline wetlands and intertidal saltmarsh; or
(v) restoring and protecting riparian and intertidal margins; or
(vi) reducing or eliminating discharges of contaminants; or
(vii) removing redundant structures and materials that have been assessed to have minimal heritage or amenity values and when the removal is authorised by required permits, including an archaeological authority under the Historic Places Act 1993; or (viii) restoring cultural landscape features; or
(ix) redesign of structures that interfere with ecosystem processes; or
(x) decommissioning or restoring historic landfill and other contaminated sites which are, or have the potential to, leach material into the coastal marine area.

 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

The regulatory regime provided by the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (EEZ Act) is designed to cover previously unregulated activities beyond the 12 nautical mile jurisdiction of the RMA. The EEZ Act was not intended to duplicate controls that regulate the fishing industry, maritime transport, the allocation of petroleum resources, and the response to oil spills. ²⁴⁷³  Most other activities that have an environmental impact on the EEZ or continental shelf are managed under the EEZ Act, including petroleum and minerals activities.

The EEZ Act is described in detail elsewhere on this website.

Hauraki Gulf Marine Park Act 2000

As well as being managed under the RMA and other legislation, the Hauraki Gulf has its own dedicated piece of legislation - the Hauraki Gulf Marine Park Act 2000 (HGMPA). This legislation seeks to improve the environmental management of the Gulf through achieving better integration of the numerous statutory authorities which impact on the area and providing better recognition of the relationships of tangata whenua with the Gulf.

The HGMPA is described in detail elsewhere on this website.

Fisheries Act 1996

The Fisheries Act 1996 governs fisheries management throughout New Zealand’s territorial sea and EEZ. The purpose of the Act is “to provide for the utilisation of fisheries resources while ensuring sustainability”. ²⁴⁷⁴

The Fisheries Act is described in detail elsewhere on this website.

Crown Minerals Act 1991

The purpose of the Crown Minerals Act is to promote prospecting for, exploration for, and mining of Crown owned minerals for the benefit of New Zealand.

The Crown Minerals Act is described in detail elsewhere on this website.

Maritime Transport Act 1994

The Maritime Transport Act is primarily focused on the safety of shipping. The Act does not have an explicit purpose, but it does state that the objectives for the Minister of Transport under the Act.

The Act provides that “harmful substances shall not be discharged or escape” into the sea or seabed within the EEZ or continental shelf except in accordance with marine protection rules. Marine protection rules made under this Act provide for both marine safety and pollution prevention within the coastal marine area and EEZ.  

Oil spill preparedness is funded by an industry levy, the Oil Pollution Levy, which is required under the Act. The Levy is collected to run New Zealand’s maritime oil pollution preparedness and response system.

Biosecurity Act 1993

The transport of invasive species into New Zealand waters by shipping is primarily controlled under the Biosecurity Act 1993. The jurisdiction of the Biosecurity Act was extended to apply to the EEZ in 2012.

An Import Health Standard has been established under this Act, which prohibits ballast water loaded in another country, being discharged inside New Zealand territorial waters without permission. The International Convention for the Control and Management of Ships’ Ballast Water and Sediments, adopted in February 2004, provides for internationally consistent controls over shipping ballast water. The Convention aims to prevent the spread of harmful aquatic organisms from one region to another and halt damage to the marine environment from ballast water discharge, by minimising the uptake and subsequent discharge of sediments and organisms. ⁴⁸³³  From 2024 all ships are required to have approved Ballast Water Management Treatment System, according to the D2 standard. 

The Biosecurity Act is described in detail elsewhere on this website.

Marine Reserves Act 1971

The Marine Reserves Act, administered by the Department of Conservation, provides for the establishment of marine reserves. The long title states that it is an “Act to provide for the setting up and management of areas of the sea and foreshore as marine reserve for the purpose of preserving them in their natural state as the habitat of marine life for scientific study”.

The Act applies only to the territorial sea and thus marine reserves cannot be established beyond the 12-mile limit in the EEZ. A number of bodies including the Director-General of Conservation, a university, and hapū or iwi with tangata whenua status are able to propose a marine reserve. Following public consultation, the Minister of Conservation (with the concurrence of the Ministers of Transport and Primary Industries) determines whether or not to recommend the establishment of the proposed marine reserve.

The Department of Conservation is responsible for managing marine reserves. Marine reserves are to be preserved in their “natural” state, to the extent possible. Although the purpose of marine reserves under the Act is for “scientific study”, the establishment of highly protected areas provides considerable benefits for biodiversity and may also help support fisheries through spillover effects.

There are currently over 30 marine reserves in New Zealand’s territorial sea. A list of current and proposed marine reserves, and information about them, can be found at the Department of Conservation’s website. ²⁴⁷⁶

It is widely accepted that the Marine Reserves Act is outdated and needs reform. The fomer Minister of Conservation signalled an intention to develop new and broader marine protected area legislation.

Marine Mammals Protection Act 1978

Marine mammals are managed by the Department of Conservation under the Marine Mammals Protection Act 1978. A permit is required to “take” (the definition includes to harm, harass, injure and attract) a marine mammal in captivity or to remove one from its natural habitat. Any fishing operation using a purse seine net is required to incorporate an escape panel or aperture in the net which allows any dolphin or porpoise to readily escape. ²⁴⁷⁷  When a marine mammal is accidentally injured or killed, the legislation provides a defence against prosecution, so long as the incident is reported to the relevant authority.

The legislation makes provision for the preparation of population management plans for marine mammal species. Where a species is threatened, such plans can determine the maximum allowable level of fishing-related mortality for the species that would “allow the species to achieve non-threatened status as soon as reasonably practicable, and in any event within a period not exceeding 20 years”. Such plans require the approval of the Minister of Conservation and the concurrence of the Minister for Primary Industries before they take effect. The Minister for Primary Industries considers the impact of the plan on commercial fishing. No population management plans have been approved since these provisions were inserted into the legislation in 1996. In their absence, provisions in the Fisheries Act have been used to manage the effect of fishing on protected species (discussed previously),

Marine mammal sanctuaries can be established by the Minister of Conservation under the Act for the purpose of protecting, conserving and managing marine mammals and these are managed by the Department of Conservation. There are currently six marine mammal sanctuaries: Auckland Islands, Banks Peninsula, Catlins Coast, Clifford and Cloudy Bay, Te Waewae Bay, and West Coast North Island. ²⁴⁷⁸  The New Zealand Gazette notice for a marine mammal sanctuary specifies the restrictions that apply to activities within the sanctuary. For example, the West Coast North Island marine mammal sanctuary puts in place restrictions on seabed mining activities and acoustic seismic surveying.

Wildlife Act 1953

The Wildlife Act 1953 identifies protected species and it is an offence to hunt or kill such species. ²⁴⁷⁹  However, protected species may be captured, injured or killed inadvertently or as part of any fishing operation and the legislation provides a defence against prosecution when this happens, so long as the incident is reported to the relevant authority.

All seabirds are protected under the Act except for the black-backed gull. Sooty shearwaters (mutton bird) and grey-faced petrels (northern mutton bird) and the black, little and pied shag may be killed subject to conditions set by the Minister of Conservation and their chicks can be legally harvested by iwi and mana whenua at identified sites. 

Fiordland (Te Moana o Atawhenua) Marine Management Act 2005

The Fiordland (Te Moana o Atawhenua) Marine Management Act (Fiordland Act) implements the Fiordland Marine Conservation Strategy completed in 2003 by the Guardians of Fiordland’s Fisheries and Marine Environment Incorporated. This group consisted of commercial fishers, recreational fishers, charter boat operators, iwi, environmentalists and scientists. The legislation created eight new marine reserves within the fiords covering an area of 103 square kilometres, or one per cent of the Fiordland marine biogeographic region. The Fiordland Marine Guardians have an ongoing role as government-appointed advisors to oversee monitoring and management of the area.

Kaikōura (Te Tai o Marokura) marine Management Act 2014

The Kaikōura (Te Tai o Marokura) marine Management Act 2014 recognises the importance of the coast and sea around Kaikoura and provides measures to assist the preservation, protection and sustainable and integrated management of the area. The Act establishes a marine reserve, whale sanctuary, New Zealand fur seal sanctuary and various mātaitai reserves and taiāpure-local fisheries. It also establishes the Kaikōura Marine Guardians who provide advice regarding biodiversity, conservation, and fisheries management within the marine management area. 

Heritage New Zealand Pouhere Taonga Act 2014

Historic marine sites and places can be protected either under the Heritage New Zealand Pouhere Taonga Act 2014 or the RMA.

The Heritage New Zealand Pouhere Taonga Act is described in detail elsewhere on this website.

Reserves Act 1977

The Reserves Act has a number of purposes, including: ²⁴⁸²

• Providing for the preserving and managing areas of public enjoyment
• Ensuring, as far as possible, the survival of indigenous species
• Preserving representative samples of natural ecosystems and landscapes
• Promoting the protection of the coast’s natural character

Reserves can be established on the coast (and inland) under the Reserves Act 1977 and these can help protect catchment areas draining into the sea. Reserve land is categorised on the basis of its primary purpose as either recreation, historic, scenic, nature, scientific, government or local. Each reserve is required to have a reserve management plan and to be managed in accordance with the purpose for which it is classified.

The Reserves Act also provides mechanisms for the protection of privately-owned land including the declaration of protected private land, the establishment of conservation covenants and the establishment of Nga Whenua Rahui kawenata on Māori land.

Marine and Coastal Area (Takutai Moana) Act 2011

The Marine and Coastal Area (Takutai Moana) Act 2011 (MCA Act) established a new regime for the recognition of customary rights and title over the common marine and coastal area. The legislation defines a “common marine and coastal area” which includes the marine and coastal area, excluding existing freehold title and areas owned by the Crown as conservation areas, national parks or reserves. It states that the common marine and coastal area has a “special status” and that neither the Crown nor any other person owns, or is capable of owning it. ²⁴⁸³  Every person has the right to enter, pass over, and engage in recreational activities in the common marine and coastal area. ²⁴⁸⁴  

This legislation is discussed in described in detail elsewhere on this website.

Last updated at 11:17AM on February 11, 2018