5. (1) Subject to subsection (2), where a part of the maritime area (which part is in this Act referred to as the “nearshore area”) meets all of the following requirements, that part shall, for the purposes of this Act, in so far as this Act relates to nearshore areas and CPAs, be the nearshore area of the CPA referred to in paragraph (a)(i) as if the boundaries between the nearshore area of that CPA and the adjoining nearshore area of another CPA were equidistant between the two of them as taken from the high water mark:

(a) the part is contiguous to either or both of the following:

(i) the functional area of a CPA;

(ii) reclaimed land adjoining such functional area that does not form part of the functional area of another local authority;

(b) the part is below the line of high water (in this section referred to as the “high water mark”) of ordinary or medium tides of—

(i) the sea,

(ii) every tidal river and tidal estuary, and

(iii) every channel, creek and bay of—

(I) the sea, and

(II) every tidal river and tidal estuary;

(c) the part does not extend further than—

(i) the prescribed distance from the nearest point of the high water mark, or

(ii) if no such distance is prescribed for the time being, three nautical miles from the nearest point of the high water mark.

(2) Subject to subsections (3) to (5), the Minister may, by order, vary the nearshore area of a CPA.

(3)(a) Subject to paragraph (b), an order under subsection (2) shall specify the boundaries of the varied nearshore area, whether by reference to a map or otherwise.

(b) Those boundaries shall—

(i) have the high water mark as their baseline, and

(ii) have their outer limit determined in accordance with subsection (4).

(4) The Minister, in exercising his or her power under subsection (2) in respect of the nearshore area and a CPA, shall, in so far as determining the boundaries of the varied nearshore area concerned, take into account the following:

(a) the representations (if any) of the CPA given to the Minister pursuant to subsection (5)(a);

(b) the representations of members of the public given to the Minister pursuant to subsection (5)(b);

(c) the distance between the high water mark and the low water mark of the nearshore area;

(d) the geography of the nearshore area, including islands, sandbars, sand spits, river mouths, bays and beaches;

(e) practical matters relating to the boundaries of the CPA and the proposed boundaries of the varied nearshore area;

(f) the practicability of the CPA effectively performing its functions under this Act in respect of the nearshore area as proposed to be varied.

(5) Where the Minister proposes to make, amend or revoke an order under this section, he or she shall—

(a) give a copy of the proposed order to the CPA concerned and invite the CPA to make representations in writing thereon to the Minister, not later than six weeks after the CPA is given that copy, at an address (which may be an electronic address) specified in the copy, and

(b) publish, in not less than one national newspaper, a notice—

(i) stating that the Minister proposes to make, amend or revoke an order under this section,

(ii) stating that a copy of the proposed order may be inspected on a website of the Government, and

(iii) inviting members of the public to make representations in writing thereon to the Minister, not later than four weeks after the date of publication of the notice in the newspaper (or, if the notice is published in more than one such newspaper, the last date of such publication), at an address (which may be an electronic address) specified in the notice.