Whilst terrestrial protected areas such as National Parks have been established for over 100 years, the idea of underwater parks is relatively new. In South Australia there are two types of marine protected area - Aquatic Reserves and Marine Parks. Both types of reserve are created under the Fisheries Management Act 2006. Of the two, Marine Parks have the greater status and level of protection. There are no specific criteria for the selection of aquatic reserves, however marine parks are required to be of "national significance by reason of the aquatic flora or fauna of those waters or the aquatic habitat". It should be noted that it is also possible for terrestrial protected areas to extend into the marine environment. For example, some of South Australia’s offshore islands also include marine waters as part of the park declaration

Jurisdiction over the sea and the seafloor is a complicated matter involving all levels of government and several different government departments. For this reason, ministers other than the minister responsible for the Fisheries Act have a say in whether or not a marine park should be proclaimed and how it should be managed. This includes the minister responsible for mining as well as the Environment Minister.

Whilst the status of “marine park” offers a level of protection for the natural values of that park, it is important to note that commercial exploitation is not necessarily excluded. This includes new uses as well as pre-existing rights. Special permits are required in order for a person to undertake an activity such as fishing within a marine park. Severe penalties apply to persons found damaging the seabed or removing or interfering with aquatic or benthic flora or fauna of any waters within a marine park.

The management regime for marine parks is similar to that for terrestrial parks in that plans of management are adopted which guide management decision-making. The management planning process includes opportunities for public comment. Once adopted, a management plan replaces the Development Act 1993 in relation to any proposals to develop the seabed or waters within the park.

An example of a marine park is the Great Australian Bight Marine Park and Whale Sanctuary. This park was declared a marine park under the Fisheries Act and a whale sanctuary under the Environment Protection and Biodiversity Conservation Act 1999 (Cth). It is an example of where State and Commonwealth Government have worked together to try to ensure a coordinated declaration and management. To find out more about marine protected areas visit the Primary Industries and Resources webpage at http://www.pir.sa.gov.au/fisheries/recreational_fishing/closures/aquatic_reserves_and_marine_parks

It should be noted that once operational the Marine Parks Act 2007 will limit the coverage of marine parks under the Fisheries Act. The Marine Parks Act 2007 aims to provide for a system of marine parks for the State and will help to protect and conserve marine biological diversity and habitats by providing a proper system for the management of marine parks. Plans will be developed for each park and there will be opportunities for public input into these plans.