Statute Details
- Title: Parks and Trees (Marine Parks) (Exemption) Order 2024
- Act Code: PTA2005-S826-2024
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Act: Parks and Trees Act 2005
- Authorising Provision: Section 58 of the Parks and Trees Act 2005
- Legislative Instrument Number: SL 826/2024
- Enacting Formula: Made by the Minister for National Development (via Permanent Secretary signature)
- Date Made: 25 October 2024
- Commencement / Operation: 28 October 2024
- Status: Current version as at 27 March 2026
- Key Provisions: Section 1 (Citation and commencement); Section 2 (Exemption for mooring of boats)
What Is This Legislation About?
The Parks and Trees (Marine Parks) (Exemption) Order 2024 is a targeted legal instrument that creates a narrow exemption from a specific regulatory restriction affecting boats in marine parks. In plain terms, it allows certain boats to be moored at designated public moorings within a marine park during defined daytime hours, even though the general rule in the Parks and Trees Regulations would otherwise prohibit or restrict that activity.
The Order is made under the Parks and Trees Act 2005, which provides the legal framework for the protection and management of parks and trees, including marine parks. Marine parks are environmentally sensitive areas. The regulatory regime typically aims to reduce harm to marine ecosystems and to manage human activity in a controlled manner.
This exemption reflects a practical policy balance: it recognises that mooring at public moorings is a managed and safer alternative to anchoring or uncontrolled boat positioning. By limiting the exemption to mooring at public moorings and to a specific time window (7 a.m. to 7 p.m.), the Order seeks to preserve environmental protections while accommodating legitimate boating activity.
What Are the Key Provisions?
Section 1: Citation and commencement confirms the legal identity of the instrument and when it takes effect. The Order is cited as the “Parks and Trees (Marine Parks) (Exemption) Order 2024” and comes into operation on 28 October 2024. For practitioners, this matters for determining whether conduct occurring before that date is governed by the exemption or by the general rule in the Parks and Trees Regulations.
Section 2: Exemption for mooring of boats is the operative provision. It states that Regulation 13(1)(a) of the Parks and Trees Regulations does not apply to a boat that is moored at a public mooring in a marine park on any day starting 7 a.m. and ending 7 p.m.
Although the extract provided truncates the text of Regulation 13(1)(a), the structure of the exemption is clear: the exemption is drafted as a carve-out from the general regulatory prohibition/restriction. The legal effect is that, during the specified hours, a boat moored at a public mooring in a marine park is not subject to the consequence that would otherwise follow from Regulation 13(1)(a). In other words, the regulatory restriction is suspended for that category of boat activity.
Key elements practitioners should focus on include:
- Exempted activity: mooring of a boat.
- Location qualifier: the mooring must be in a marine park.
- Facility qualifier: the boat must be moored at a public mooring (not a private mooring, not an ad hoc anchor point, and not an informal attachment unless it qualifies as a “public mooring” under the relevant regulatory framework).
- Time window: the exemption applies on any day from 7 a.m. to 7 p.m. This is a strict temporal limitation; conduct outside these hours would not benefit from the exemption.
- Regulatory target: the exemption is specifically tied to Regulation 13(1)(a) of the Parks and Trees Regulations. It does not necessarily exempt all marine park-related rules—only the particular provision identified.
From a compliance perspective, the exemption is not a blanket permission to operate in marine parks. It is a narrow permission that depends on meeting all conditions simultaneously: the boat must be moored at the correct type of mooring, in the correct type of area, and within the specified hours.
How Is This Legislation Structured?
The Order is structured in a simple, two-section format:
- Section 1 (Citation and commencement): identifies the instrument and sets the effective date.
- Section 2 (Exemption for mooring of boats): provides the substantive exemption by disapplying Regulation 13(1)(a) of the Parks and Trees Regulations for specified mooring activity in marine parks during specified hours.
There are no additional parts, schedules, or complex procedural provisions in the extract. The legal drafting approach is therefore “minimalist”: it directly disapplies one regulatory rule for a defined scenario.
Who Does This Legislation Apply To?
This exemption applies to boats that meet the conditions stated in Section 2. In practice, the persons who must take note are those who control or operate boats—such as boat owners, operators, charterers, and persons responsible for navigation and mooring arrangements—when they intend to moor within a marine park.
Because the exemption is framed as a disapplication of a regulatory provision, it is not limited to a particular class of operator (e.g., commercial vs recreational) in the text provided. Instead, the controlling factors are objective: mooring at a public mooring, within a marine park, and during 7 a.m. to 7 p.m. Accordingly, any operator whose boat fits the description should be able to rely on the exemption, subject to ensuring that the mooring is indeed a “public mooring” and that the mooring time falls within the permitted window.
Why Is This Legislation Important?
This Order is important because it clarifies the legal position for a common operational activity—mooring—within environmentally sensitive marine parks. Without the exemption, Regulation 13(1)(a) would apply and could restrict or prohibit mooring in marine parks in a manner that affects day-to-day boating operations. By carving out a limited exemption, the Government reduces regulatory friction while maintaining environmental safeguards.
For legal practitioners advising clients, the Order’s significance lies in its precision. It is not an open-ended permission; it is a carefully bounded disapplication. That means advice should focus on factual compliance: confirming the existence and status of the mooring as a “public mooring,” confirming the boat’s location within the marine park boundary, and ensuring that mooring occurs within the 7 a.m. to 7 p.m. timeframe.
From an enforcement and risk perspective, the time limitation is particularly consequential. If a boat remains moored after 7 p.m. or moors before 7 a.m., the exemption would not apply, and the general restriction in Regulation 13(1)(a) would likely be engaged. Similarly, if a boat is moored at a location that is not a “public mooring,” the exemption would not apply even if the boat is within a marine park and within the time window.
Practically, the Order can affect operational planning, compliance checklists, and incident response. Operators may need to implement procedures to ensure mooring times align with the exemption window and to document that the mooring point is a public mooring. In disputes or regulatory investigations, these facts often determine whether the exemption is available.
Related Legislation
- Parks and Trees Act 2005 (authorising Act; including section 58)
- Parks and Trees Regulations (particularly Regulation 13(1)(a))
- Parks and Trees (Marine Parks) framework under the Parks and Trees Act 2005 and subsidiary regulations governing marine parks
Source Documents
This article provides an overview of the Parks and Trees (Marine Parks) (Exemption) Order 2024 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.