Commentary on Sections Part 3: Marine Protection Section 15: Further provisions as to orders designating MCZs
This section sets out further requirements for MCZ designations, including the requirement to specify the boundaries of the designated area.
Subsection (3) provides for the inclusion in an MCZ of any island regardless of whether the land lies above mean high water spring tide.  Islands which should be excluded from an MCZ may also be identified in the designation order.
Subsections (4) and (5) allow the Department to extend the boundary of an MCZ to include an additional adjacent area of seashore above mean high water spring tide if certain conditions apply.  These conditions include the feature(s) which comprises the grounds for designating the MCZ being present in the extended area.  This may be appropriate where a threatened species is also present in the area of land above mean high water spring tide and protection depends on extending the boundary of the MCZ.
Subsection (5) further requires that an MCZ includes land whether or not it is covered by water (which will include the seabed and foreshore).