Approval of the North Commonwealth Marine Reserves Network Management Plan 2014-2024 (Cth)

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

APPROVAL OF THE NORTH COMMONWEALTH MARINE RESERVES NETWORK MANAGEMENT PLAN 2014-2024

I, TONY BURKE, Minister for Sustainability, Environment, Water, Population and Communities, acting pursuant to section 370 of the Environment Protection and Biodiversity Conservation Act 1999, hereby approve the North Commonwealth Marine Reserves Network Management Plan 2014-2024.

Dated this ……5................ day of ……March………, 2013

Tony Burke

Minister for Sustainability, Environment, Water, Population and Communities

North Commonwealth Marine Reserves Network Management Plan 2014–24

This document may be cited as:

Director of National Parks 2013, North Commonwealth Marine Reserves Network Management Plan 2014-24, Director of National Parks, Canberra.

ISBN: 978-1-921733-75-8

This Management Plan is copyright. Apart from any use permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Director of National Parks. Requests and enquires concerning reproduction and rights should be addressed to:

Manager
North Commonwealth Marine Reserves Network
GPO Box 787
Canberra ACT 2601

Foreword

The Proclamation of the North Commonwealth Marine Reserves Network (the North network) was a huge and historic step forward for conservation. Its eight Commonwealth marine reserves cover approximately 157 483 km² and include a diverse range of tropical shallow-water marine environments, supporting important ecosystems and species of international conservation and scientific significance.

These marine reserves were established to protect and maintain marine biodiversity, and to contribute to the National Representative System of Marine Protected Areas (NRSMPA) and to help ensure the long-term ecological viability of Australia's marine ecosystems.

The North network plays a central role in ecosystem-based management of the marine environment, providing for ecologically sustainable use as well as the protection of many important breeding and feeding habitats for protected species. Six of the world’s seven species of marine turtles, as well as migratory birds of international significance such as the common noddy, bridled tern, roseate tern and the crested tern, can be found within the North network. A number of unique seafloor features as well as habitats for other species such as dugongs, whales, dolphins, sea snakes and sharks are included in the reserves network.

This Plan is the primary tool for the conservation and management of the North network. It sets out the approach to and direction of management activities for the next 10 years. It is designed to provide certainty to users of the marine reserves by giving effect to decisions on zoning and allowable activities that were made at the time of proclaiming the marine reserves following an extensive consultation and planning process. It also provides flexibility to adapt and apply best management practices over time. Many of the strategies and actions will need significant engagement with and support from marine users and the wider community to ensure the Plan's objectives are met.

Australia has been working towards a representative system of marine reserves for more than a decade. It is exciting to look forward to the future of our marine environment, knowing that we have taken an enormous step towards ensuring its long-term protection and sustainability.

The North Commonwealth Marine Reserves Network Management Plan is the first management plan for the North network and will come into effect on 1 July 2014. I look forward to implementing the Plan with the collaboration and support of the Australian Government, the Northern Territory and Queensland State Governments, the Indigenous communities of the North, marine reserve users, local communities and other Australians who are passionate about this island continent and the extraordinary natural world in the oceans that surround us. Together we can leave a tremendous legacy for future generations.

Peter Cochrane

Director of National Parks

Contents

Part 1 Introduction

1.1 Structure of this Management Plan

1.2 Objectives of the Management Plan

1.3 Introductory provisions for the North Marine Reserves Network Management Plan

Part 2 Description of the Environment, Values and Pressures in the North Commonwealth Marine Reserves Network

2.1 Description of the North Marine Region environment

2.2 Social, cultural and economic values

2.3 Values of the North Commonwealth Marine Reserves Network

2.4 Pressures on the conservation values of the North Commonwealth Marine Reserves Network

Part 3 IUCN Categories and Zoning of Network Reserves

Category II—National Park

Category VI—Managed Resource Protected Area

Categories and zones

Part 4 Management Strategies

Strategy 1— Improve knowledge and understanding of the conservation values of the Marine Reserves Network and of the pressures on those values

Strategy 2— Minimise impacts of activities through effective assessment of proposals, decision-making and management of reserve-specific issues

Strategy 3— Protect the conservation values of the Marine Reserves Network through management of environmental incidents

Strategy 4— Facilitate compliance with this Management Plan through education and enforcement

Strategy 5— Promote community understanding of, and stakeholder participation in, the management of the Marine Reserves Network

Strategy 6— Support involvement of Indigenous people in management of Commonwealth Marine Reserves

Strategy 7— Evaluate and report on the effectiveness of this Management Plan through monitoring and review

Part 5 Managing Use of the North Commonwealth Marine Reserves Network

5.1 Outline of Part 5

5.2 Permits and class approvals for allowable activities

5.3 General rules for use and access

5.4 Commercial shipping

5.5 Commercial fishing

5.6 Commercial tourism (including charter fishing tours) and commercial media

5.7 Recreational fishing (including clients of charter fishing tours and organised fishing competitions)

5.8 Mining operations (including exploration)

5.9 Structures and works

5.10 Research and monitoring activities

5.11 Defence, border protection, law enforcement and emergency response

5.12 New activities and authorisations

Appendix A

Joseph Bonaparte Gulf Commonwealth Marine Reserve

Oceanic Shoals Commonwealth Marine Reserve

Arafura Commonwealth Marine Reserve

Arnhem Commonwealth Marine Reserve

Wessel Commonwealth Marine Reserve

Limmen Commonwealth Marine Reserve

Gulf of Carpentaria Commonwealth Marine Reserve

West Cape York Commonwealth Marine Reserve

Appendix B

Legislative framework for the Reserves Network

EPBC Act

Other relevant laws

International agreements

Glossary

Supporting Information

Acknowledgments

Part 1
Introduction

Australia has one of the largest marine jurisdictions in the world, containing a vast array of diverse and unique biological and physical features. Our marine environments range from tropical seas in the north to sub-Antarctic waters in the south. These waters are home to a wealth of biodiversity, much of it found nowhere else. The North Commonwealth Marine Reserves Network has been established to protect examples of the biodiversity, habitats and ecosystems of the North Marine Region and parts of the North-west Marine Region.

The North Commonwealth Marine Reserves Network forms part of Australia’s National Representative System of Marine Protected Areas (NRSMPA). The establishment of the NRSMPA has been ongoing since 1998 when the Australian, state and Northern Territory governments agreed to its creation. The states and the Northern Territory are establishing marine protected areas in their coastal waters, while the Australian Government has established marine protected areas in Commonwealth waters around Australia. Commonwealth waters start at the outer edge of state and territory waters, generally three nautical miles (5.5 kilometres) from the shore (territorial sea baseline), and extend to the outer boundary of Australia’s exclusive economic zone, 200 nautical miles from the territorial sea baseline. The Commonwealth marine area is defined in s.24 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

The NRSMPA will meet Australia’s international commitments as a signatory to the Convention on Biological Diversity to establish a representative system of marine protected areas within Australia’s exclusive economic zone.

The creation and management of marine reserves is an important strategy for the conservation and ecologically sustainable use of the marine environment. Marine reserves, when well designed and managed effectively, make an important contribution to maintaining the overall health and resilience of our oceans. The primary goal of the NRSMPA is to establish and manage a comprehensive, adequate and representative system of marine protected areas to contribute to the long-term ecological viability of marine and estuarine systems, to maintain ecological processes and systems, and to protect Australia’s biological diversity at all levels.

Marine reserves are just one of a wide range of tools that support the conservation and ecologically sustainable use of the marine environment and its biodiversity. Other key tools include Marine Bioregional Plans prepared under the EPBC Act, actions to recover threatened species and to avoid or mitigate threats, such as invasive species, marine debris and land-based sources of pollution, and the adoption of ecosystem-based fisheries management. There is specific protection for the marine environment and threatened and migratory species under the EPBC Act, as well as under sectoral legislation at the Commonwealth and state level.

The North Commonwealth Marine Reserves Network was established in 2012. The Network was proclaimed for the purpose of protecting and maintaining marine biodiversity, while allowing for the sustainable use of natural resources in appropriate areas.

The North Marine Reserves Network (Figure 1.1) comprises eight Commonwealth marine reserves, which together represent examples of the ecosystems of the North and North-west Marine Regions. The eight reserves are:

Joseph Bonaparte Gulf Commonwealth Marine Reserve

Oceanic Shoals Commonwealth Marine Reserve

Arafura Commonwealth Marine Reserve

Arnhem Commonwealth Marine Reserve

Wessel Commonwealth Marine Reserve

Limmen Commonwealth Marine Reserve

Gulf of Carpentaria Commonwealth Marine Reserve

West Cape York Commonwealth Marine Reserve

The Director of National Parks (the Director) is required to prepare a management plan for each Commonwealth reserve under the EPBC Act (s.366). The EPBC Act allows a single management plan to be prepared to cover a number of reserves. This approach has been adopted for marine reserves as it allows reserves to be managed strategically at a scale that accommodates the dynamics and connectivity of marine ecosystems. The Network approach also establishes consistent management arrangements across all reserves within the Network providing certainty for users.

This is the first Management Plan for the North Commonwealth Marine Reserves Network.

Figure 1.1: North Commonwealth Marine Reserves Network

1.1 Structure of this Management Plan

The Management Plan provides a broad description of the North Marine Region and a summary of regional features represented in the North Commonwealth Marine Reserves Network (see Part 2). It also identifies the conservation values protected by the Network. The Plan includes information about pressures and potential threats to these values, which require active management and monitoring over time to ensure the objectives of this Plan are achieved.

This Plan assigns an International Union for the Conservation of Nature (IUCN) category to each marine reserve in the North Marine Reserves Network, in accordance with the requirements of s.367(1)(a) of the EPBC Act (see Part 3). When a reserve is divided into zones, each zone is also assigned an IUCN category. The Australian IUCN reserve management principles, prescribed in Schedule 8 of the Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations), provide administrative guidance for managing Commonwealth reserves, and also define broadly what activities are allowable in each IUCN category and zone and under what circumstances they may be undertaken.

Zoning is a fundamental planning tool in managing marine reserves and defines what activities can occur in which locations so as to protect the marine environment and to provide for ecologically sustainable use. Detailed information about the zoning arrangements is provided in Part 3 of this Plan. Maps and descriptions for individual reserves are provided in Appendix A. The maps define any zones into which reserves are divided.

The Plan prescribes strategies and actions for research and monitoring, assessment and permitting, compliance, community participation, Indigenous involvement and environmental management that will be applied by the Director (see Part 4). These strategies and actions provide the framework for achieving the Plan’s objectives and outcomes. This Management Plan also allows for management of local scale, reserve-specific issues during the life of the Management Plan, as management needs change over time.

The Plan prescribes the rules applying to activities associated with human use in the reserves network. These prescriptions provide the specific detail for how activities are allowed to occur in the reserves network and of prohibited activities in the Marine Reserves Network (see Part 5). Together with Parts 3 and 4, Part 5 of the Plan provides certainty of management intentions, while providing for flexibility to adapt management responses to emerging needs over the life of the Management Plan. Legislative context and international agreements that influence the management of the reserves network are outlined in Appendix B.

1.2 Objectives of the Management Plan

The objectives of the Management Plan are intended to provide clear direction for management of the Marine Reserves Network. The objectives of this Management Plan for the North Marine Reserves Network are to:

provide for the protection and conservation of biodiversity and other natural and cultural values of the North Marine Reserves Network; and

provide for ecologically sustainable use of the natural resources within the North Marine Reserves Network where this is consistent with objective 1.

The strategies and actions in Part 4 and the prescriptions in Part 5 aim to achieve the objectives of this Plan.

1.3 Introductory provisions for the North Marine Reserves Network Management Plan

1.3.1 Short title

This Management Plan may be cited as the North Commonwealth Marine Reserves Network Management Plan or, the North Marine Reserves Network Management Plan.

1.3.2 Commencement and termination

This Management Plan will come into operation on 1 July 2014. The Plan will cease to have effect on 30 June 2024, unless revoked sooner or replaced with a new Management Plan.

1.3.3 Interpretation

Definitions of terms, concepts, legislation and abbreviations used in this Management Plan are provided in the Glossary at the back of the Plan.

Part 2
Description of the Environment, Values and Pressures in the North Commonwealth Marine Reserves Network

2.1 Description of the North Marine Region environment

The North Commonwealth Marine Reserves Network is in the North Marine Region and extends marginally into the North-west Marine Region. It incorporates Commonwealth waters from west Cape York Peninsula to north of Wyndham in Western Australia.

The North Marine Region covers approximately 625 689 square kilometres of tropical waters in the Gulf of Carpentaria and Arafura and Timor seas.

The Region is made up of very shallow, generally nutrient poor waters that cover Australia’s most extensive areas of continental shelf. It is characterised by shallow-water tropical marine ecosystems, with water depths generally less than 70 metres, and overall ranging from approximately five metres to 357 metres. The Region is dominated by monsoonal climatic patterns, with a pronounced wet season between December and March and generally dry conditions for the remainder of the year. The interplay between predominantly dry south-east trade winds from May to October and moister north-westerlies over the wet season, contributes to the slow clockwise movement of waters in the Gulf of Carpentaria. Tropical cyclones are a dominant feature in the wet season.

The Region is an area of global conservation significance for marine species and as an aggregation area and staging point for migratory birds. Waters in, and adjacent to, the Region provide biologically important breeding, feeding and nursery areas for seabirds, marine turtles and dugongs. Six of the world’s seven species of marine turtle are found in the Region and all are listed as endangered or vulnerable under the EPBC Act. The Australian snubfin dolphin, a resident in the Region, is endemic to the Australian continental shelf. Other protected species known to occur in the Region include sawfish, 28 of the 35 known Australian species of sea snakes, saltwater crocodile, and a vast array of seahorse and pipefish species. The coral reef systems of the Region support some endemic species. However, flora and fauna are generally typical of oceanic reefs in the Indo–west Pacific region. Coral, invertebrates and phytoplankton are all highly diverse, while fish such as snapper, emperor and grouper are common higher-order predators of coral and rocky reef habitats.

Further information on the North Marine Region is available in the Marine Bioregional Plan for the North Marine Region and the associated materials.

2.2 Social, cultural and economic values

The waters of the North Marine Region are important for their cultural and social values and for their economic contributions to Australia and the Region. The activities and industries of most significance that occur within the North Marine Reserves Network, based on the resources and values of the Region include (in alphabetical order):

Commercial fishing – there are a number of Commonwealth, state, Northern Territory and jointly managed fisheries operating in the Network. The most productive and valuable fishing grounds are generally close to shore. Valuable species targeted in the Region include prawns, mackerel and snapper. Land based activities associated with commercial fishing contribute to the employment and economic activity of coastal communities adjacent to the Network. At the time of making of this Plan, no aquaculture activities were occurring in the Region.

Commercial shipping – major international transit routes cross the Network and shipping lanes throughout the Network are some of the nation’s busiest. Other major shipping activity is generally related to servicing the mining industry. Shipping is expected to increase within the Network due to the expansion of oil and gas operations, onshore and offshore mining, export trade, and increasing cruise ship activity.

Commercial tourism and charter fishing – the Network supports a number of marine-based tourism activities. Charter fishing tourism is very popular in northern Australian waters. Other activities include cruise shipping, scuba diving and bird watching.

Indigenous values – many Aboriginal and Torres Strait Islander peoples have a close, long-standing relationship with coastal and marine environments and continue to rely on these environments and resources for their cultural identity, health and wellbeing, as well as their domestic and commercial economies. Indigenous people of northern Australia have significant interests in the marine environment and provide vital services to its conservation and management. In the Northern Territory, around 85 per cent of the coastline is owned exclusively by Indigenous people under the Aboriginal Land Rights (Northern Territory) Act 1976.

Petroleum and mining – gas is produced from the Blacktip field in the Petrel Sub-basin and sent by pipeline to an onshore plant near Wadeye for domestic use. Gas is also produced from the Bayu-Undan field in the northern Bonaparte Basin and transported by pipeline through the North bioregion to the Wickham Point plant near Darwin, from where LNG is exported to markets in Japan. A number of other fields are in development planning stages, such as the Heron, Petrel and Tern fields. There are also mining tenements in Commonwealth waters south of Groote Eylandt.

Recreational uses – recreational pursuits are important in the north of Australia and have expanded in line with regional population growth and greater access to sea and air transport. Recreational fishing, diving, yachting and boating are all popular activities.

Other activities in the Network include scientific research, commercial media activities and pipelines for the transport of energy transmission (gas).

2.3 Values of the North Commonwealth Marine Reserves Network

The North Marine Reserves Network covers 157 483 square kilometres of Australia's tropical marine environment, encompassing the entire North Marine region and extending marginally west into the North-west Marine Region.

The North Marine Reserves Network was designed in accordance with the Goals and Principles for the establishment of the National Representative System of Marine Protected Areas in Commonwealth waters[1] to represent the Region’s biodiversity as it varies across provincial bioregions, depth ranges, large scale biological and ecological features and seafloor features. The Network also protects habitats important for threatened species and for a range of heritage and other values protected specifically under the EPBC Act—for example, World Heritage and Ramsar—and other national legislation.

2.3.1 Provincial bioregions

Provincial bioregions[2] are large areas of the oceans with broadly similar characteristics that have been classified by scientists based on the distribution of fish and other marine species, seafloor types and ocean conditions. The North Commonwealth Marine Reserves Network represents four provincial bioregions (Figure 2.1):

Northwest Shelf Transition – contains complex geomorphologic features including coastal areas, the shelfs and basins in the Joseph Bonaparte Gulf and banks, shoals, terraces and reefs dissected by valleys on the Van Diemen Rise. These features support diverse biological communities including coral communities, benthic sessile fauna, feeding and breeding habitats for seasnakes, fish, sharks, dolphins and marine turtles. The Northwest Shelf Transition is represented in the Joseph Bonaparte Gulf and Oceanic Shoals Commonwealth Marine Reserves;

Timor Transition – is characterised by continental slope, canyons, ridges, terraces and the Arafura Depression. Pelagic species are prominent in the open water environment of the Timor Transition and the shelf-edge is believed to support benthic communities associated with cooler water upwellings as well as threadfin fish species. Marine turtles forage in the deeper canyon waters and cold water corals occur at depths of around 200 metres. The Timor Transition is represented in the Oceanic Shoals and Arafura Commonwealth Marine Reserves;

Northern Shelf Province – extends over the continental shelf and is largely characterised by featureless sandy and muddy continental shelf and basin, turbid coastal waters and submerged barrier reefs at approximately the 30-50 metre water depth. This province encompasses the Gulf of Carpentaria which is the largest semi-enclosed body of water in Australia. Wind driven currents and eddies significantly influence the biology of the eastern and western parts of the Gulf. The animals that inhabit the shallower, coastal areas of the province are very different to those in offshore waters due to increased biological productivity. The province supports important breeding and feeding areas for migratory species such as dugongs, marine turtles and seabirds. The Northern Shelf Province is represented in the Wessel, Limmen, Gulf of Carpentaria and West Cape York Commonwealth Marine Reserves;

Northeast Shelf Transition – extends from the north-eastern corner of the Gulf of Carpentaria to the Torres Strait. This province is principally located on the continental shelf and is typified by shallow waters and high sea-floor salinity. Tidal flows and currents between the Gulf of Carpentaria and the Torres Strait drive ecosystem processes in this bioregion. Biological communities include marine turtles that utilise the Torres Strait as a migratory corridor, deep water seagrasses and predatory fish. The Northeast Shelf Transition is represented in the West Cape York Commonwealth Marine Reserve.

Figure 2.1: Provincial bioregions represented in the North Commonwealth Marine Reserves Network

2.3.2 Depths

Environments of the North Marine Reserves Network are generally shallow, with an average depth of 70 metres and ranging from 10 metres to 350 metres. Marine biological communities change with depth, while similar depth ranges in different bioregions support different groups of species. Scientific assessment has shown that different biological communities live at different depths. Therefore, including different ocean depths within Commonwealth marine reserves networks will ensure that examples of all types of marine biodiversity will be represented. The North network represents the various depth ranges that occur within each bioregion: a total of 22 the depth ranges (or bathomes) are represented in the Network (Figure 2.2).

Figure 2.2: Depth ranges represented in the North Commonwealth Marine Reserves Network

2.3.3 Large scale biological and ecological features

The marine bioregional planning program identified large scale ecological features that support distinct or important ecological communities at a regional scale. Where these features are considered to be of regional importance for either a region’s biodiversity or its ecosystem function and integrity, they are known as key ecological features. Nine key ecological features are represented in the North Commonwealth Marine Reserves Network (Figure 2.3):

Carbonate Banks and Terrace System of the Sahul Shelf – are important because of their likely ecological role in enhancing biodiversity and local productivity relative to their surrounds. The banks are thought to support a high diversity of organisms including reef fish, sponges, soft and hard corals, gorgonians, bryozoans, ascidians and other sessile filter feeders. The banks are known to be foraging areas for loggerhead, olive ridley and flatback turtles. Cetaceans and green and freshwater sawfish are likely to occur in the area. The Carbonate Banks and Terrace System of the Sahul Shelf are represented in the Joseph Bonaparte Gulf Commonwealth Marine Reserve.

Pinnacles of the Bonaparte Basin – these limestone pinnacles are up to tens of kilometres in length and width. It is likely that the vertical walls generate local upwelling of nutrient rich water, leading to phytoplankton productivity that attracts aggregations of plankton-eating and predatory fish, seabirds and foraging turtles. The Pinnacles of the Bonaparte Basin are represented in the Oceanic Shoals Commonwealth Marine Reserve.

Carbonate bank and terrace system of the Van Diemen Rise – is part of a larger system associated with the Sahul Banks to the north and Londonderry Rise to the east. Variability in water depth and in substrate composition contribute to the presence of unique ecosystems in the channels. Species present include sponges, soft corals and other sessile filter feeders. Olive ridley turtles, sharks and seasnakes are also associated with this feature. The Carbonate bank and terrace system of the Van Diemen Rise is represented in the Oceanic Shoals Commonwealth Marine Reserve.

Shelf break and slope of the Arafura Shelf – is characterised by continental slope and patch reefs and hard substrate pinnacles. The ecosystem processes of the feature are largely unknown in the Region; however, the Indonesian Throughflow and surface wind-driven circulation are likely to influence nutrients, pelagic dispersal and species and biological productivity in the Region. Marine species of this bioregion are mostly related to species of the adjacent Timor–Indonesian Malay marine environment. The Shelf break and slope of the Arafura Shelf is represented in the Oceanic Shoals Commonwealth Marine Reserve.

Tributary Canyons of the Arafura Depression – are approximately 80–100 metres deep and 20 kilometres wide. The largest of the canyons extend some 400 kilometres from Cape Wessel into the Arafura Depression, and are the remnants of a drowned river system that existed during the Pleistocene era. Sediments in this feature are mainly calcium-carbonate rich, although sediment type varies from sandy substrate to soft muddy sediments and hard, rocky substrate. Marine turtles, deep sea sponges, barnacles and stalked crinoids have all been identified in the area. The Tributary Canyons of the Arafura Depression are represented in the Arafura Commonwealth Marine Reserve.

Gulf of Carpentaria Basin – is one of the few remaining near-pristine marine environments in the world. Primary productivity in the basin is mainly driven by cyanobacteria that fix nitrogen, but is also strongly influenced by seasonal processes. The soft sediments of the basin are characterised by moderately abundant and diverse communities of infauna and mobile epifauna dominated by polychaetes, crustaceans, molluscs and echinoderms. The basin also supports assemblages of pelagic fish species including plankton-eating and schooling fish, with top predators such as shark, snapper, tuna and mackerel. The Gulf of Carpentaria Basin is represented in the Wessel and Gulf of Carpentaria Commonwealth Marine Reserves.

Plateaux and Saddle north-west of the Wellesley Islands – has a high abundance and density of species as a result of increased biological productivity associated with habitats rather than currents. Submerged reefs support corals that are typical of northern Australia, and particular reef fish species that are different to those found elsewhere in the Gulf of Carpentaria. Species present include marine turtles and reef fish such as coral trout, cod, mackerel and shark. Seabirds frequent the plateaux and saddle, most likely due to the presence of predictable food resources for feeding offspring. The Plateaux and Saddle north-west of the Wellesley Islands are represented in the Gulf of Carpentaria Commonwealth Marine Reserve.

Submerged coral reefs of the Gulf of Carpentaria – are characterised by submerged patch, platform and barrier reefs that form a broken margin around the perimeter of the Gulf of Carpentaria basin, rising from the sea floor at depths of 30–50 metres. These reefs provide breeding and aggregation areas for many fish species including mackerel and snapper, and offer refuges for seasnakes and apex predators such as sharks. Coral trout species that inhabit the submerged reefs are smaller than those found in the Great Barrier Reef and may prove to be a localised subspecies. The Submerged Coral Reefs of the Gulf of Carpentaria are represented in the Gulf of Carpentaria Commonwealth Marine Reserve.

Gulf of Carpentaria Coastal Zone – is near pristine and supports many protected species such as marine turtles, dugongs and sawfish. Ecosystem processes and connectivity remain intact; river flows are mostly uninterrupted by artificial barriers and healthy, diverse estuarine and coastal ecosystems support many species that move between freshwater and saltwater environments. The Gulf of Carpentaria Coastal Zone is represented in the Limmen, Gulf of Carpentaria and West Cape York Commonwealth Marine Reserves.

Figure 2.3: Key ecological features represented in the North Commonwealth Marine Reserves Network

2.3.4 Sea-floor features

The landscape-scale physical structure of the sea-floor is important in determining where habitats or species occur. Large physical sea-floor structures (tens to hundreds of kilometres in scale) are referred to as geomorphic or sea-floor features and include, for example, sea-floor pinnacles, underwater seamounts, canyons and reefs. There is a lack of detailed and comprehensive information on the distribution of biodiversity mainly due to the vastness, remoteness and inaccessibility of the deep ocean environments. There is strong scientific evidence that different types of sea-floor features provide different habitats and are associated with different marine species and communities. For this reason, sea-floor features were used as one of the surrogates for biodiversity to design marine reserves networks.

The North Marine Reserves Network contains representative examples of 15 sea-floor types (Figure 2.4).

Figure 2.4: Seafloor features represented in the North Commonwealth Marine Reserves Network

2.3.5 Protected species and biologically important areas

The North Marine Reserves Network provides protection for a number of species listed as endangered or vulnerable under Commonwealth legislation or international agreements including cetaceans, marine turtles, dugong, sawfish and a variety of seabirds. The Network also contains areas important for species that are listed under:

the Convention on the Conservation of Migratory Species of Wild Animals 1979 (CMS or Bonn Convention)

the Agreement between the Government of Australia and the Government of Japan for the Protection of Migratory Birds in Danger of Extinction and their Environment 1974 (JAMBA)

the Agreement between the Government of Australia and the Government of the People’s Republic of China for the Protection of Migratory Birds and their Environment 1986 (CAMBA)

the Agreement between the Government of Australia and the Government of the Republic Of Korea on the Protection of Migratory Birds 2007 (ROKAMBA).

Biologically important areas are areas where aggregations of individuals of a protected species breed, forage, rest during migration and/or use as a migratory route. Information on the distribution and types of behaviours, such as foraging, breeding and migration, have been compiled for cetaceans, marine turtles and seabirds. Biologically important areas intersecting the North Marine Reserves Network include:

internesting areas for threatened marine turtle species including flatback, hawksbill, green and olive ridley turtles

foraging habitats for the threatened loggerhead turtle, green and olive ridley turtles

foraging habitats for breeding colonies of the migratory seabirds Brown booby, Lesser frigatebird, Bridled tern, Crested tern, Roseate tern and Common noddy

foraging habitats for the Australian snubfin dolphin, the Indo-Pacific humpback dolphin and the Indo-Pacific bottlenose dolphin.

Further information on protected species and biologically important areas can be found in the Marine Bioregional Plan for the North Marine Region.

2.3.6 Other place-based protected values

The EPBC Act protects a range of values as matters of national environmental significance, including World Heritage, National Heritage, or wetlands of international importance. Places on the Commonwealth Heritage List or shipwrecks listed under the Historic Shipwrecks Act 1976 are also protected. The Historic Shipwreck Act protects shipwrecks and their associated relics that are older than 75 years. Shipwrecks and relics younger than 75 years are protected under the Navigation Act 2012.

At the time of writing this Plan, there were no other place-based protected values within the North Commonwealth Marine Reserves Network.

2.3.7 Other values

Data on marine biodiversity is relatively scarce compared to terrestrial environments and the knowledge of the occurrence, distribution and ecology of species within the marine reserves of the North network is coarse, with fine scale data and understanding of local conditions and assets limited to a few better studied areas. Many of the biodiversity values of the North marine reserves are yet to be identified and understood. Strategy 1 of this Plan sets out actions and desired outcomes to ensure that the knowledge base necessary to underpin management in the long term improves over the life of the Plan.

While biodiversity values underpin much of the design of the North Marine Reserves Network, each marine reserve also contains a range of other values, including cultural, recreational and historical, that need to be better understood and documented. These intentions are articulated in Strategies 5 and 6 of this Plan.

2.4 Pressures on the conservation values of the North Commonwealth Marine Reserves Network

For the purpose of this Plan, pressures are defined broadly as human-driven processes, events and activities that may detrimentally affect the values of the North Marine Reserves Network. Pressures can be directly associated with human activities in the Region or related to the effects of climate change. Further information on pressures is available in the Marine Bioregional Plan for the North Marine Region.

Human pressures on marine ecosystems and biodiversity in the North Marine Region are low by global standards. This is partly due to the relatively low levels of marine resource use and low coastal population pressure across the Region, and partly due to Australia’s generally sound management of the marine environment. A number of sources of pressures potentially affecting the Network’s values nevertheless exist:

extraction of living resources and by-catch, associated with commercial fishing; recreational fishing; Indigenous traditional harvest; and illegal, unreported and unregulated fishing

marine debris, including lost or discarded fishing gear

chemical pollution/contaminants from onshore and seabed mining operations

physical habitat modification and changes to hydrological regimes as a result of increasing industrial and port development in areas adjacent to the Region

increased shipping traffic with increases in noise and risk of collisions

Increasing oil and gas exploration and development

climate change

Pressures related to the effects of climate change and the associated large-scale effects on the marine environment may include shifts in major currents, rising sea levels, ocean acidification, and changes in the variability and extremes of climatic features (e.g. sea temperature, winds, and storm frequency and intensity). There remains a high level of uncertainty about the effects that climate change related pressures will have on the conservation values protected by the North Commonwealth marine reserves.

This Management Plan is one of a suite of tools that contribute to the management of pressures on the North Commonwealth Marine Reserves Network and surrounding region. It operates alongside other Commonwealth and state programs to manage activities both within and in areas adjacent to the Marine Reserves Network. Other agencies that have an important role in the management of pressures include maritime compliance agencies (e.g. Customs and Border Protection Service, Australian Maritime Safety Authority, National Offshore Petroleum Safety and Environmental Management Authority), fisheries management agencies at both the state and Commonwealth level (e.g. Australian Fisheries Management Authority) and research organisations (e.g. Commonwealth Scientific and Industrial Research Organisation, Geoscience Australia). Similarly, the legal provisions within this Plan are only one part of the Commonwealth and state legislative frameworks that provide protection for the Network.

This Management Plan establishes a framework for assessing activities and managing pressures on the conservation values of the Marine Reserves Network. This framework includes the use of:

zoning to reduce pressures across the Network and to identify areas where activities can occur with management measures to reduce associated pressures (see Part 3)

management strategies directed at developing a better understanding of the effects of pressures on the conservation values and at avoidance and mitigation of impacts, incident response, compliance of marine reserve users with the provisions of the Plan and engaging marine users in collaborative management approaches (see Part 4)

management prescriptions identifying the activities that are prohibited or require assessment for potential impacts, as part of the permitting or class approvals processes, before they can be undertaken in the Marine Reserves Network (see Part 5)

determinations, prohibitions and restrictions made under the EPBC Regulations to regulate activities (see Part 5).

Part 3
IUCN Categories and Zoning of Network Reserves

Each of the eight reserves in the North Commonwealth Marine Reserves Network is assigned to an IUCN category by this Management Plan. Four of the reserves—Joseph Bonaparte Gulf, Wessel, Gulf of Carpentaria and West Cape York Commonwealth marine reserves—are divided into two or more zones by the Plan. Each zone is also assigned to an IUCN category (see Sections 3.1–3.3 below).

As noted in Appendix B, the EPBC Act requires a Commonwealth reserve to be assigned to an IUCN category. The EPBC Act also allows a Management Plan to divide a reserve into zones and to assign the zones to an IUCN category (which may differ from the overall category of the reserve). Schedule 8 of the EPBC Regulations prescribes the Australian IUCN reserve management principles applicable to each IUCN category. The general administrative principles and the principles for each IUCN category relevant to the North Marine Reserves Network are set out in Appendix B.

The categorisation and zoning scheme takes into account the purposes for which the reserves were declared, the objectives of this Plan (see Section 1.2), and the requirements of the EPBC Act and EPBC Regulations, including relevant reserve management principles, and the IUCN category definitions in the Guidelines for applying the IUCN Protected Area Management Categories to Marine Protected Areas. The IUCN categories and associated management principles for each category broadly determine how areas will be managed and which activities covered by the EPBC Act and Regulations can and cannot be conducted in them.

This Plan gives a ‘management zone name’ to each undivided reserve and each zone within the reserves that are divided into multiple zones. The management zone name reflects the objectives of the Plan and activities that can be carried out in each zone, consistent with the IUCN category and relevant management principles.

This Management Plan broadly applies the IUCN categories and management principles as described below.

Category II—National Park

- IUCN definition—Large natural or near natural areas protecting large-scale ecological processes with characteristic species and ecosystems of the area, which also have environmentally and culturally compatible spiritual, scientific, educational, recreational and visitor opportunities.

- Key management principle—An area that should be protected and managed to conserve its natural condition. The detailed management principles are set out in Appendix B.

Category VI—Managed Resource Protected Area

- IUCN definition— Areas which conserve ecosystems, together with associated cultural values and traditional natural resource management systems. Generally large, mainly in a natural condition, with a proportion under sustainable natural resource management and where low-level non-industrial natural resources use compatible with nature conservation is seen as one of the main aims of the area.

- Key management principle—Areas should be managed primarily for biodiversity conservation, while allowing for the ecologically sustainable use of natural resources. The detailed management principles are set out in Appendix B.

Table 3.1 sets out the IUCN categories assigned to the Network reserves and the zones within reserves, and the relevant management zone name. Details of each marine reserve are given in Appendix A, including a map showing the location of zones, and a general description and major values of each marine reserve.

Management strategies that give effect to the objectives, zoning, IUCN categories and management principles are set out in Part 4. Prescriptions that apply to different zones are set out in Part 5.

Categories and zones

3.1 Each Commonwealth marine reserve in the North Marine Reserves Network is assigned to the IUCN category specified in Column 2 of Table 3.1, adjacent to the name of the reserve.

3.2 Oceanic Shoals, Arafura, Arnhem and Limmen Commonwealth Marine Reserves are given the Network management zone names specified in Column 3 of Table 3.1 adjacent to the name of the reserve.

3.3 Joseph Bonaparte Gulf, Wessel, Gulf of Carpentaria and West Cape York Commonwealth Marine Reserves are each divided into the zones described in Appendix A and shown in the map of the Reserve in Appendix A, and each zone is assigned to the IUCN category, and given the management zone name, specified in Column 3 of Table 3.1, adjacent to the name of the reserve.

Table 3.1: IUCN categories and management zone names in the North Commonwealth Marine Reserves Network

1. Reserve Name	2. IUCN category	3. IUCN categories in each reserve and management zone name
IUCN II	IUCN VI
Joseph Bonaparte	VI	Multiple Use Zone
Joseph Bonaparte	VI	Special Purpose Zone
Oceanic Shoals	VI	Multiple Use Zone
Arafura	VI	Multiple Use Zone
Arnhem	VI	Special Purpose Zone
Wessel	VI	Marine National Park Zone	Multiple Use Zone
Limmen	VI	Multiple Use Zone
Gulf of Carpentaria	VI	Marine National Park Zone	General Use Zone (Carpentaria)
West Cape York	VI	Marine National Park Zone	Multiple Use Zone
West Cape York	VI	Marine National Park Zone	Special Purpose Zone

Part 4
Management Strategies

The IUCN categories and associated Australian IUCN reserve management principles (Part 3) guide how the North Marine Reserves Network will be managed to achieve the objectives of this Plan (Section 1.2). The principles also guide the application of provisions of the EPBC Act and Regulations relating to Commonwealth reserves, including whether actions and activities subject to those provisions can be carried out within reserve management zones.

Part 4 identifies the strategies and actions that, within the resources available to the Director of National Parks, will be used to achieve the objectives of this Plan, and effectively support the administration of prescriptions in Part 5. The strategies and actions are consistent with relevant National and Commonwealth Heritage management principles under the EPBC Act and take account of Australia’s obligations under relevant international agreements, including the World Heritage Convention and the Ramsar Convention (see Section 2.3.6 – Other place-based protected values).

Part 5 sets out the prescriptions for specific activities in the Network to ensure network management zones are managed consistently with the Australian IUCN reserve management principles. Prescriptions specify whether or not actions and activities subject to the EPBC Act and Regulations are allowed to occur, are allowable under a permit or class approval from the Director, or if they are prohibited in network management zones. Part 5 also sets out the rules for issuing and managing permits and class approvals.

The strategies and their associated actions provide a structured framework for achieving the objectives of this Plan. They collectively support protection of the conservation values of the Marine Reserves Network while providing for sustainable use. The seven strategies for this Plan are as follows:

Improve knowledge and understanding of the conservation values of the Marine Reserves Network and of the pressures on those values

Minimise impacts of activities through effective assessment of proposals, decision-making and management of reserve-specific issues

Protect the conservation values of the Marine Reserves Network through management of environmental incidents.

Facilitate compliance with this Management Plan through education and enforcement

Promote community understanding of, and stakeholder participation in, the management of the Marine Reserves Network

Support involvement of Indigenous people in management of Commonwealth Marine Reserves

Evaluate and report on the effectiveness of this Management Plan through monitoring and review.

Specific guidance on the mechanisms that will be implemented to achieve each strategy is provided in the actions. This Plan provides for the development of supporting and further detailed policies, strategies and actions over the life of the Plan. These supporting documents will provide for location-specific reserve management and for engagement of users and other stakeholders as needed.

Strategy 1— Improve knowledge and understanding of the conservation values of the Marine Reserves Network and of the pressures on those values

Improving knowledge and understanding of the conservation values of the Marine Reserves Network and the pressures on those values will increase the capacity to meet the objectives of this Plan.

Between 2006 and 2012, the Australian Government undertook a comprehensive consolidation of the scientific basis underpinning environmental decisions relevant to the Commonwealth marine areas through the Marine Bioregional Planning Program. The North Marine Bioregional Plan (2012) identified and described the Region’s conservation values, the level of concern with respect to local and global pressures and key knowledge gaps in relation to the marine biodiversity and ecosystems of the North Marine Region. This information underpins the extent and design of the North Marine Reserves Network and provides the foundation for improving, at a finer scale, the knowledge of the ecological communities that inhabit each marine reserve and the way they connect to the surrounding environment.

Climate change and its implications will influence Australia’s tropical marine environment in ways that are yet to be understood. One of the benefits of representative systems of marine protected areas, such as the North Marine Reserves Network, is the opportunity they offer for understanding and monitoring large-scale systemic shifts in ecosystem structures and functions. Establishing baseline data for marine reserves and setting up strategic scientific monitoring programs that build on past and current research and utilise Australia’s growing ocean observation capabilities are a key focus of this Management Plan.

Research and monitoring activities in the marine environment are expensive. Prioritising knowledge gaps, maximising the benefits and uptake of relevant research programs and facilitating partnerships with government agencies, research institutions and marine reserves users are critical elements of the long-term strategy to build the knowledge base necessary for managing and evaluating Australia’s marine reserves estate.

Part 5.10 of this Plan sets out the prescriptions for authorising and permitting research and monitoring activities in the Network.

Actions

The Director will:

A1 As part of a national-scale program for Commonwealth marine reserves, develop and implement a North Commonwealth Marine Reserves Network Research and Monitoring Strategy that contributes to increased understanding of the values of the reserves and provides for ongoing reporting of their condition.

A2 Develop and implement a framework for the long term scientific monitoring of changes in key conservation values protected by the Commonwealth marine reserves and on the pressures on those values.

A3 Adopt standards and protocols for managing biophysical and ecological data collected within Commonwealth marine reserves.

A4 Collaborate, including through developing partnerships, with national research facilities, science and academic institutions and, as appropriate, marine reserve users, to deliver on strategic information needs and to inform research programs and government and industry investment in marine research.

Outcomes

Understanding and knowledge of those conservation values identified as a priority for management, improve over the life of this Plan.

Understanding of the pressures affecting key conservation values, improves over the life of this Plan and management actions are adapted to take account of the latest available information.

Data arising from monitoring and research conducted within the North marine reserves and the findings of the research can be easily accessed and shared.

Research and monitoring needs are met in partnership with relevant research organisations and marine reserves users.

Strategy 2— Minimise impacts of activities through effective assessment of proposals, decision-making and management of reserve-specific issues

The primary purpose of the North Commonwealth Marine Reserves Network is to protect and maintain biological diversity, while also allowing for the sustainable use of natural resources in some areas. This is reflected in the objectives of this Plan (see Part 1). As described in Part 2 of this Plan a range of activities are carried out within and around the marine reserves of the North network. Ensuring that these do not impact on the values of the reserves while also reducing unnecessary administrative burdens on marine reserve management resources and stakeholders, is a key focus of this Plan.

The Strategies in this Part of the Plan set out how the Director of National Parks will work to deliver the objectives of the Plan. The prescriptions in Part 5 set out how activities of users of the Network will be managed and provides that actions and activities that are otherwise prohibited in Commonwealth reserves by a provision of the EPBC Act or EPBC Regulations are:

allowed (and can be done without the need for a permit or class approval);

allowable (and can be done in accordance with a permit or class approval issued by the Director); or

prohibited (and cannot be authorised to be done).

Allowed activities under Part 5 of this Plan are those that are known to be likely to have minimal if any impact on the values of relevant network management zones, including if they are done in accordance with conditions prescribed in Part 5 and other applicable laws, and necessary limitations imposed by the Director in accordance with this Plan under the EPBC Regulations (these activities include recreational fishing and vessel transit).

Allowable activities will be authorised (where appropriate) by a permit or class approval issued by the Director under Section 5.2 of the Plan. Impacts of allowable activities require assessment before being authorised. A permit or class approval will not be issued if an activity is considered likely to have unacceptable impacts (that cannot be addressed through the conditions of a permit or approval). Allowable activities proposed to be undertaken by the Director should also be assessed before proceeding.

This Plan provides for activity assessment that avoids duplication in processes in relation to consideration of actions that relate to matters protected by Part 3 of the EPBC Act, to reduce unnecessary administrative burdens on marine reserve management resources and stakeholders. Actions that have, will have or are likely to have a significant impact on the environment in Commonwealth marine areas and other matters of national environmental significance (e.g. endangered species), or another matter protected by Part 3, are subject to the referral and assessment provisions of Chapter 4 of the EPBC Act. This Management Plan provides for certain activities (e.g. mining operations) to be approved if they have been considered and authorised under Chapter 4. The EPBC Act referral and assessment processes will also be used to inform decision-making by the Director in relation to approval of other allowable activities.

The impacts of some allowable activities may also be subject to assessment under other legislation and management frameworks. A separate assessment under this Plan may not be required if the Director is satisfied that the impacts of an activity have been adequately assessed under other laws and frameworks.

In carrying out an assessment and making a decision required under this Plan, the Director will assess and take into account likely impacts of the activity, alignment with the objectives of this Plan and consistency with the Australian IUCN reserve management principles applicable to the relevant network management zone.

Where Part 5 of this Plan provides that the Director may authorise an allowable activity, authorisation will generally be given by a permit applied for by the proponent and issued under Part 17 of the EPBC Regulations (see Section 5.2.2 of this Plan). Where provided for by Part 5, and considered appropriate having regard to the impacts of a type of activity, the Director may issue a class approval for the activity under Section 5.2.7 of this Plan as an alternative to the need for each person conducting the activity to apply for a permit.

Permits and class approvals (including those that Part 5 provides the Director will issue) will be issued subject to conditions that are considered necessary, including to ensure the activity is conducted in a manner to avoid or minimise impacts. Permits or approvals may be varied, suspended or cancelled where conditions have not been complied with or it is necessary to protect values or achieve the objectives of this Plan.

The Director may also make prohibitions, restrictions or determinations under the EPBC Regulations and in accordance with relevant prescriptions in Part 5 relating to certain activities where doing so is necessary to protect values or otherwise achieve the objectives of this Plan (see Sections 5.3 (General access and use), 5.5 (Commercial fishing) and 5.7 (Recreational fishing)).

A person whose interests are affected by a decision taken under this Plan may seek review of the decision in accordance with the Administrative Decisions (Judicial Review) Act 1977. A person whose interests are affected by a decision about a permit under the EPBC Regulations may also seek review of the decision in accordance with the Regulations and this Plan extends the same review rights to decisions about class approvals.

Actions

The Director will:

A5 Establish in consultation with relevant stakeholders, efficient, effective and transparent processes for assessment, decision-making and authorisation of activities, and implement within the Marine Reserves Network.

Note: For example, the Director will consult with the commercial fishing industry and other relevant stakeholders to establish the process for assessment of fishing methods and gear types.

A6 When the interests of a person or group are likely to be affected by a decision under this Management Plan, the Director will:

a.as far as practicable consult them in a timely and appropriate way;

a.provide an opportunity to comment on the proposed decision and associated actions;

b.take any comments into account;

c.give reasonable notice before decisions are taken or implemented (except in cases of emergency); and

d.provide reasons for decisions.

A7 Comply with Division 14.3 of the EPBC Regulations in relation to reconsideration of decisions about permits.

A8 Reconsider a decision about a class approval when requested by a person whose interests are affected by the decision. A request for reconsideration must be made and considered in the same manner as provided by Divison14.3 of the EPBC Regulations. Subject to the Administrative Appeals Tribunal Act 1975, a person who has requested a reconsideration may apply to the Administrative Appeals Tribunal for review of the reconsideration.

A9 Consider further use of class approvals where there is a sound case for effectively assessing and efficiently approving users that carry out a class of activities in a uniform way.

A10 Identify reserve specific issues and develop, implement and evaluate management responses where appropriate.

Outcomes

Potential impacts of allowable activities on the conservation values of the Marine Reserves Network are identified and avoided or mitigated by appropriate assessment and authorisation processes

Authorisation processes are streamlined to improve efficiency and effectiveness, and avoid duplication.

Strategy 3— Protect the conservation values of the Marine Reserves Network through management of environmental incidents

The objectives of this Plan provide for the protection and conservation of biodiversity and other natural and cultural values. An important part of the management arrangements is to protect these values from detrimental impacts resulting from unexpected or unforeseen incidents.

Environmental incidents have the potential to impact the conservation values of the Network. For example, incidents such as the introduction of marine pests, oil and chemical spills, foundering vessels, lost cargo and ghost nets can occur with little or no warning. Because of this, it is important to be aware of any environmental incident as soon as possible so that any impact to the conservation values can be minimised. The establishment of systems that encourage users of the Marine Reserves Network to report environmental incidents is required for the effective management of such incidents. Collaboration with government agencies, industry stakeholders and other relevant organisations that possess the capability and expertise to respond to environmental incidents (for example, in remote areas, Indigenous ranger groups) is essential.

Actions

The Director will:

A11 Establish systems for timely reporting of, and assisting with responses to, environmental incidents.

A12 Collaborate with responsible agencies and assist with responding to environmental incidents that threaten the values of the Marine Reserves Network.

A13 Maintain effective liaison and partnerships with relevant environmental incident response agencies and organisations.

A14 Identify and assess potential incidents that may threaten conservation values of the Reserves and implement if feasible approaches to reduce the likelihood or consequence of such incidents.

Outcomes

Impacts associated with environmental incidents are identified and managed appropriately.

Systems for timely reporting of and collaboration on responses to environmental incidents are effective.

Strategy 4— Facilitate compliance with this Management Plan through education and enforcement

People, businesses and organisations that use the Marine Reserves Network are required to comply with this Plan.

A well-developed education and risk-based enforcement program tailored to people and industries that use marine reserves is critical for effectively managing marine reserves. As a priority, relevant information about the conservation values of the North Marine Reserves Network and the zoning and prescriptions will be produced to support the needs of marine reserve users. Voluntary compliance with this Management Plan will be promoted by increasing users’ understanding of the conservation values of the Network and the objectives of the North Marine Reserves Network. Compliance measures may need to evolve to ensure that the conservation values are protected and that there are no unnecessary imposts on users of the Network.

Effective enforcement is supported through risk-based planning, incorporating targeted monitoring and surveillance (e.g. aerial and vessel based), and the collection of intelligence from other sources. In this regard, strong links with Commonwealth and state enforcement agencies to share information and cooperate in joint enforcement activities are important. For example, the Director has agreements with the Australian Customs and Border Protection Service for the provision of surveillance services in marine reserves and with the Australian Fisheries Management Authority for fishing vessel monitoring.

Wardens are appointed under the EPBC Act to enforce compliance with the EPBC Act and Regulations. All Australian Federal Police and Australian Customs officers are wardens for the purposes of the EPBC Act. Officers of other Commonwealth agencies and of Northern Territory, Queensland and Western Australian government agencies may also be appointed as wardens in relation to the North Marine Reserves Network.

The EPBC Act sets out civil and criminal penalties for breaches, and the EPBC Regulations set out criminal penalties. Administrative remedies, such as the issuing of infringement notices, may also be used in appropriate circumstances.

Actions

The Director will:

A15 Implement reliable methods for monitoring compliance with this Plan.

A16 Develop, maintain and disseminate appropriate information to assist users of the Marine Reserves Network to comply with the provisions of this Plan.

A17 Consult with users of the Network to identify opportunities to improve the effectiveness and efficiency of compliance measures.

A18 Implement a risk-based annual compliance plan.

A19 Establish a reporting system that supports users and visitors of the Marine Reserves Network to report suspected non-compliant activity.

A20 Build effective working partnerships and agreements with Commonwealth and state and Territory government agencies for the delivery of compliance services.

A21 Investigate and monitor suspected non-compliant activity and, where appropriate, take enforcement action.

A22 Support initiatives and programs which promote best practice standards that guide use, and minimise impacts on the marine environment.

Outcomes

Marine reserves network users have a clear understanding of what is required to comply with this Plan.

Marine reserves network users contribute to the management of the Network through the reporting of suspected non-compliant activity.

Activities within the Marine Reserves Network are undertaken in a manner that is consistent with the management arrangements as specified in this Plan.

Strategy 5— Promote community understanding of, and stakeholder participation in, the management of the Marine Reserves Network

Commonwealth marine reserves protect and maintain Australia’s unique marine biodiversity. They are an important part of the overall management arrangements for ensuring our oceans and the life they support are healthy, resilient and used sustainably. It is important that the Australian community understands the importance of the Marine Reserves Network and why it has been established. Marine reserve users can significantly contribute to management of the Marine Reserves Network through sharing their knowledge and understanding of the marine environment and how people use it. Stakeholder participation is an important element of network management. To facilitate this participation it is intended that consultative structures will be established to engage users in the management of the North Marine Reserves Network. The Director will use these consultative structures to address conservation issues and other issues of interest to reserve users and the wider public.

Actions

The Director will:

A23 Develop and implement a communication and education plan that increases community understanding of the importance of the Marine Reserves Network and meets reserve-specific needs for communication about the values protected and management arrangements and requirements.

A24 Maintain effective working relationships with user groups to facilitate the exchange of knowledge, understanding and participation in the management of the Marine Reserves Network.

A25 Within the first 12 months of the Plan’s operation, establish consultative structures (e.g. committees) to guide and participate in the management of the Marine Reserves Network.

Outcomes

Stakeholders and the community understand the importance of the Marine Reserves Network, the values it protects and management arrangements.

Stakeholders effectively participate in the management of the Marine Reserves Network.

Strategy 6— Support involvement of Indigenous people in management of Commonwealth Marine Reserves

The Indigenous peoples of northern Australia have been sustainably using and managing their sea country, including areas now included within Commonwealth marine reserves, for thousands of years. Many Indigenous people recognise and maintain links to cultural places on islands or that are now submerged often long distances out to sea. They continue to rely on coastal and marine environments and resources for cultural identity, health and wellbeing, and economic activities. The saltwater people of the North belong to discrete clan estates and language groups that occupy, or traditionally occupied, discrete areas or country. ‘Country’ refers to a place of origin – literally, culturally or spiritually and ‘sea country’ and/or ‘saltwater country’ are terms that refer to an estate or cultural domain in which no separation between land and sea is made.

In many locations, Indigenous communities have developed ranger capabilities. Indigenous rangers play a significant role in the management of coastal and marine resources. Activities undertaken include monitoring of the coastline for illegal fishing, protection of native flora and fauna, quarantine surveillance, cleaning up of marine debris (including ghost nets) from beaches, and research into and protection of key species such as dugongs and marine turtles.

The Australian Government recognises and respects the knowledge Indigenous people have in managing Australia's land, fresh water and sea, and in conserving biodiversity. It recognises Indigenous Australians as key partners in managing Australia's environment and cultural heritage.

Native Title is a term that refers to the recognition in Australian law that some Indigenous people continue to hold rights to their lands and waters that come from their traditional laws and customs. The Native Title Act 1993 provides for the recognition of native title on land and in the sea. Section 8 of the EPBC Act provides that the Act does not affect the operation of the Native Title Act.

Indigenous people can contribute to the management of marine reserves networks through sharing knowledge and understanding of the marine environment and through participation in the management and sustainable use of the resources of these reserves.

Actions

The Director will:

A26 Drawing on the significant body of knowledge built as part of sea country planning and similar initiatives across Australia, and in consultation with relevant representative organisations, consolidate and communicate information about cultural values protected in the North Commonwealth marine reserves

A27 Identify, and where feasible support, opportunities for Indigenous people to engage in the management of sea country in Commonwealth marine reserves, for example through the delivery of critical management services, such as monitoring surveillance, compliance and research.

A28 Build effective partnerships with Indigenous communities and organisations that have an interest in the Marine Reserves Network.

A29 Comply with the requirements of the Native Title Act 1993.

Outcomes

Indigenous people and organisations are partners in the management of sea country within Commonwealth marine reserves.

Management activities within Commonwealth marine reserves acknowledge and respect existing Indigenous governance arrangements, activities and cultural needs.

Indigenous customs, practices and knowledge inform relevant management planning and activities.

Strategy 7— Evaluate and report on the effectiveness of this Management Plan through monitoring and review

The primary focus of this strategy is evaluating the effectiveness of the management arrangements outlined in this Plan in meeting the management objectives for the Marine Reserves Network listed in Section 1.2.

A monitoring, evaluation and reporting program will identify monitoring objectives based on the management objectives and information priorities for the Network. The monitoring, evaluation and reporting program will establish arrangements to obtain the information needed to review the effectiveness of the implementation of this Plan before its expiry, while also enabling periodic reporting as required. Evaluations of effectiveness provide an important mechanism to identify refinements to and opportunities for improvement of this Plan and its implementation.

Actions

The Director will:

A30 Within the first 12 months of the Plan’s operation, design and initiate a program to measure and monitor progress on actions and outcomes.

A31 Report annually on the North Commonwealth Marine Reserves Network in the Director of National Parks annual report.

A32 Evaluate and report on the implementation of this Plan before its expiry. The report will consider:

a.an assessment of the existing measures to protect the North Commonwealth Marine Reserves Network

b.progress of strategies and actions towards achieving the stated outcomes

c.options for improving management of the Network.

Outcomes

Management is improved on the basis of new information and knowledge.

Improved understanding of the conservation values, and the pressures on such values, of the Marine Reserves Network.

The establishment of a program which provides the foundation for the long-term monitoring, evaluation and reporting on the Marine Reserves Network.

Effective reporting on reserve management to inform stakeholders and meet statutory requirements.

Part 5
Managing Use of the North Commonwealth Marine Reserves Network

This Part of the Plan prescribes how activities that are covered by provisions of the EPBC Act and Regulations relating to Commonwealth reserves will be managed in the North Marine Reserves Network. It sets out, through prescriptions, whether such activities can be undertaken and if so, how they will be managed. This includes the use of permits and class approvals to authorise activities; and determinations, prohibitions and restrictions made under the EPBC Regulations to regulate activities.

Approvals for actions and mining operations under s.359B of the EPBC Act provide interim authorisation while a management plan is not in operation and cease to have effect when a plan comes into operation. This Plan provides for permits or approvals to be issued for these actions and mining operations to continue in appropriate network management zones, and that class approval will be given for commercial fishing and for those mining operations where the operations have been authorised under Chapter 4 of the Act.

In accordance with s.359A of the EPBC Act, this Plan does not prevent Indigenous persons from continuing, in accordance with law, the traditional use of an area in a Commonwealth marine reserve for non-commercial hunting or food-gathering, and for ceremonial and religious purposes. Section 8 of the EPBC Act also provides that the Act does not affect the operation of the Native Title Act 1993, which also includes provisions that preserve customary rights to use of land and waters.

Decisions under this Part of the Plan will be taken in accordance with actions in Strategy 2 of Part 4. A person whose interests are affected by a decision taken under this Part may seek review of the decision in accordance with the Administrative Decisions (Judicial Review) Act 1977. Decisions about permits and class approvals may also be reconsidered and reviewed in the manner described in Strategy 2.

5.1 Outline of Part 5

The EPBC Act (ss.354/354A and 355/355A) prohibits certain actions being taken in Commonwealth reserves except in accordance with a management plan (Appendix B). These actions include killing, injuring, taking, trading, keeping or moving members of native species, actions for commercial purposes and mining operations. The EPBC Regulations control, or allow the Director of National Parks to control, a range of activities in Commonwealth reserves such as access, use of vessels, waste disposal, commercial fishing, recreational fishing and research.

An activity that is otherwise prohibited in the North Marine Reserves Network by the EPBC Act or Regulations may be carried out if it is done in accordance with either:

a prescription in Part 5 that allows the activity to be done (allowed activities)

a permit or class approval issued by the Director of National Parks under a prescription in Part 5 (allowable activities).

Depending on the type of activity, other provisions of the EPBC Act and/or other Acts may also apply to the activity (e.g. fisheries laws and laws relating to oil and gas exploration and production).

Section 5.2 sets out the prescriptions that apply to the issuing and managing of permits and approvals that are required and provided for by Sections 5.3–5.12. Those sections set out specific prescriptions for different types of activities. Prescriptions in Section 5.3 (General rules for use and access) apply to all activities in the North Marine Reserves Network.

Table 5.1 provides a general guide as to whether activities are allowed, allowable under a permit or class approval, or prohibited in the Network management zones within the North Marine Reserves Network by Sections 5.3–5.12.

Table 5.1: General guide to allowed (ü), allowable (A) and prohibited (û) activities in the North Commonwealth Marine Reserves Network.

Activity	Marine National Park Zone (IUCN II)	Multiple Use Zone (IUCN VI)	General Use Zone (Carpentaria) (IUCN VI)	Special Purpose Zone (IUCN VI)
General use / access (See Section 5.3)	ü	ü	ü	ü
Commercial shipping –transit (See Section 5.4)	ü	ü	ü	ü
Commercial fishing (See Section 5.5)	û	A	A	A
Commercial tourism & media (See Section 5.6)	A	A	A	A
Recreational fishing (See Section 5.7)	û	ü	ü	ü
Mining (See Section 5.8)	A	A	A	A
Structures and works (See Section 5.9)	A	A	A	A
Research and monitoring (See Section 5.10)	A	A	A	A
Defence and emergency response (See Section 5.11)	ü	ü	ü	ü
Activities not otherwise specified (See Section 5.12)	A	A	A	A

ü Activities are allowed in accordance with Plan prescriptions (without the need for a permit or class approval)

A Certain activities are allowable subject to Plan prescriptions (see the relevant section of Part 5 for provisions about specific activities).

û Activities are not allowed at all (i.e. totally prohibited).

5.2 Permits and class approvals for allowable activities

As noted in Section 5.1, this Plan provides for certain activities that are otherwise prohibited in Commonwealth reserves to be carried out in accordance with either a permit or a class approval issued by the Director (‘allowable activities’). Part 17 of the EPBC Regulations contains provisions for issuing and managing permits, including permit applications, preconditions to permits being issued and the content of permits; and varying, suspending and cancelling permits. These provisions are adopted for permits authorised by this Plan. Class approvals, and the rules for their issue and management, are established by this Plan.

Permits are used to authorise the person(s) named in the permit to conduct an activity. Class approvals are used to authorise all persons, or a class of persons, carrying on an activity or class of activities specified in the approval.

Decision-making about permits and approvals will be consistent with the objectives of this Management Plan in Section 1.2, the IUCN categories and zoning prescribed in Part 3, and the actions required for assessment of proposals and decision-making prescribed in Strategy 2 in Part 4 of this Plan. Decisions about permits and class approvals may be reconsidered and reviewed in the manner described in the actions in Strategy 2 of Part 4. A person whose interests are affected by a decision about a permit or class approval may also seek review in accordance with the Administrative Decisions (Judicial Review) Act 1977.

specify any mining operation, major excavation or other works that may be carried out in the reserve, and the conditions under which it may be carried out

specify any other operation or activity that may be carried out in the reserve

indicate generally the activities that are to be prohibited or regulated in the reserve, and the means of prohibiting or regulating them.

A management plan must also:

indicate how the plan takes account of Australia’s obligations under each agreement with one or more other countries that is relevant to the reserve (including the World Heritage Convention and the Ramsar Convention, if appropriate);

if the reserve includes a National Heritage area

- not be inconsistent with the National Heritage management principles

- address the matters prescribed by regulations made for the purposes of paragraph 324S (4)(a); and

if the reserve includes a Commonwealth Heritage area

- not be inconsistent with the Commonwealth Heritage management principles

- address the matters prescribed by regulations made for the purposes of paragraph 341S(4)(a).

A management plan may:

divide a reserve into one or more zones, and must assign each zone to an IUCN category; and

cover more than one Commonwealth reserve (s.367(5)), as is the case with the North Commonwealth Marine Reserves Network Management Plan.

In preparing a management plan the EPBC Act (s.368) requires account to be taken of various matters. In relation to the Network reserves these matters include:

the regulation of the use of the reserves for the purpose for which they were declared;

the protection of the special features of the reserves, including objects and sites of biological, historical, palaeontological, archaeological, geological and geographical interest;

the protection, conservation and management of biodiversity and heritage within the reserves;

the protection of the reserves against damage; and

Australia’s obligations under agreements between Australia and one or more other countries relevant to the protection and conservation of biodiversity and heritage.

Control of actions in Commonwealth reserves

The EPBC Act (ss.354 and 354A) prohibits certain actions being taken in Commonwealth reserves except in accordance with a management plan. These actions are:

kill, injure, take trade, keep or move a member of a native species; or

damage heritage; or

carry out an excavation; or

erect a building or other structure; or

carry out works; or

take an action for commercial purposes.

The EPBC Act (ss.355 and 355A) also prohibits mining operations being taken in Commonwealth reserves except in accordance with a management plan.

Section 358 allows the Director to grant a lease or a licence relating to land or sea-bed in a Commonwealth reserve in accordance with a management plan.

The EPBC Regulations control, or allow the Director to control, a range of activities in Commonwealth reserves. Activities that are prohibited under the EPBC Regulations (Division 12.2) may be carried out if an exemption applies (r.12.06); for example, where an activity is authorised by a permit issued by the Director, or where a management plan that is in force for a Commonwealth reserve allows for the activity. The EPBC Regulations do not apply to the Director or to wardens or rangers appointed under the EPBC Act who are carrying out their duties.

Actions that may require additional approval under the EPBC Act

Environmental Impact Assessment

Actions that are likely to have a significant impact on ‘matters of national environmental significance’ are subject to the referral, assessment and approval provisions of Chapters 2 to 4 of the EPBC Act (irrespective of where the action is taken).

At the time of preparing this Plan, the matters of national environmental significance identified in the EPBC Act are:

World Heritage listed properties

National Heritage listed places

Ramsar wetlands of international importance

nationally-listed threatened species and ecological communities

listed migratory species

nuclear actions (including uranium mining)

Commonwealth marine areas

Great Barrier Reef Marine Park.

The referral, assessment and approval provisions also apply to actions on Commonwealth land that are likely to have a significant impact on the environment and to actions taken outside Commonwealth land that are likely to have a significant impact on the environment on Commonwealth land.

Responsibility for compliance with the assessment and approvals provisions of the EPBC Act lies with persons taking relevant ‘controlled’ actions. A person proposing to take an action that the person thinks may be or is a controlled action should refer the proposal to the Minister for the Minister’s decision whether or not the action is a controlled action. The Director of National Parks may also refer proposed actions to the Minister.

Wildlife Protection

Part 13 of the EPBC Act contains provisions that prohibit and regulate actions in relation to listed threatened species and ecological communities, listed migratory species, listed marine species in Commonwealth areas and to cetaceans (whales and dolphins) in the Australian Whale Sanctuary (encompassing all Commonwealth waters) established by the Act.

All whales, dolphins and porpoises are protected under the EPBC Act through the establishment of the Australian Whale Sanctuary, which includes all Commonwealth waters. Within the Australian Whale Sanctuary it is an offence to kill, injure or interfere with cetaceans. They are also protected in State and Territory waters.

Migratory species listed under the EPBC Act are species listed under international agreements (to which Australia is a signatory) as species whose protection requires, or would significantly benefit from, international cooperation. These international agreements are discussed in more detail in Appendix B.

Marine species listed under the EPBC Act are species occurring naturally in the Commonwealth marine area that the Australian Government recognises require protection to ensure their long-term conservation. Species listed as marine species are identified in Section 3.3 of the Act.

In relation to threatened species and communities, the EPBC Act also provides for the identification and listing of key threatening processes and the preparation of threat abatement plans and species recovery plans.

Actions taken in accordance with a Commonwealth reserve management plan that is in operation are exempt from prohibitions in Part 13 of the Act.

Access to biological resources

Access to biological resources in Commonwealth areas is regulated under the EPBC Regulations Part 8A and a permit from the Minister is required. Access to biological resources is defined in the EPBC Regulations and broadly means the taking of biological resources of native species for research and development on any genetic resources, or biochemical compounds, comprising or contained in the biological resources. Biological resources are defined by the EPBC Act as genetic resources, organisms, parts of organisms, populations and any other biotic component of an ecosystem with actual or potential use or value for humanity. Genetic resources are defined by the EPBC Act as any material of plant, animal, microbial or other origin that contains functional units of heredity, and that has actual or potential value for humanity.

EPBC Act and Indigenous traditional rights and native title rights

Native title rights may exist in offshore waters within Australia's jurisdiction. Native title determinations need not have been made in order for native title rights to exist.

The EPBC Act does not affect the operation of the Native Title Act 1993 and s.211 in particular, which in certain circumstances allows native title holders to hunt (and undertake other activities) in the exercise of native title rights without a permit or licence (s.8 EPBC Act). Prohibitions and other provisions of the EPBC Act and EPBC Regulations dealing with activities in Commonwealth reserves do not prevent Indigenous people from continuing their traditional use of an area in a reserve for hunting or gathering (except for purposes of sale), or for ceremonial and religious purposes, in accordance with the EPBC Act s.359A.

Penalties

Civil and criminal penalties may be imposed for breaches of the EPBC Act and criminal penalties may be imposed for breaches of the EPBC Regulations.

Other relevant laws

Historic Shipwrecks Act 1976

The Historic Shipwrecks Act 1976 protects historic wrecks and associated relics, which generally are more than 75 years old and in Commonwealth waters, extending from below the low water mark to the edge of the continental shelf. The Minister can also make a declaration to protect any historically significant wrecks or articles and relics that are less than 75 years old.

The Act aims to ensure that historic shipwrecks are protected for their heritage values and maintained for recreational, scientific and educational purposes. It also seeks to control actions that may result in damage, interference, removal or destruction of an historic shipwreck or associated relic. Divers can use wreck sites for recreational purposes, but relics must not be removed from the wreck site and the physical fabric of the wreck must not be disturbed, unless a permit has been obtained.

Some historic shipwrecks lie within protected or no-entry zones. These zones may cover an area up to a radius of 800 metres around a wreck site, and may be declared where circumstances place it at particular risk of interference. Permits are required to transit or enter a protected zone for activities such as diving, fishing or commemorative ceremonies. Permits are also required to undertake any activities otherwise prohibited or restricted by the Act.

Environment Protection (Sea Dumping) Act 1981

Australia regulates the loading and dumping of waste at sea under the Environment Protection (Sea Dumping) Act 1981 (the Sea Dumping Act). This Act also fulfils Australia's international obligations under the London Protocol to prevent marine pollution by controlling dumping of wastes and other matter.

Under the Sea Dumping Act, the Commonwealth aims to minimise pollution threats by:

prohibiting ocean disposal of waste considered too harmful to be released in the marine environment; and

regulating permitted waste disposal to ensure environmental impacts are minimised.

The Sea Dumping Act applies to all vessels, aircraft and platforms in Australian waters and to all Australian vessels and aircrafts in any part of the sea.

Permits are required for all sea dumping operations. Permits are most commonly issued for dredging operations and the creation of artificial reefs. Permits have also been issued for the dumping of vessels, platforms or other man-made structures, and for burials at sea.

Offshore Petroleum and Greenhouse Gas Storage Act 2006

The Offshore Petroleum and Greenhouse Gas Storage Act 2006 establishes the regulatory framework for offshore exploration and production of petroleum, and greenhouse gas storage activities, beyond the three nautical mile limit of the coastal waters of the states and the Northern Territory. Management of these activities within coastal waters is the responsibility of the relevant state or the Northern Territory.

Offshore Minerals Act 1994

The Offshore Minerals Act 1994 establishes the regulatory framework for offshore exploration and recovery of minerals beyond the three nautical mile limit of the coastal waters of the states and the Northern Territory. Management of these activities within coastal waters is the responsibility of the relevant state or the Northern Territory.

International agreements

This Management Plan takes into account Australia’s obligations under international agreements that are relevant to the North Marine Reserves Network.

United Nations Convention on the Law of the Sea (UNCLOS)

The convention, which was agreed in 1982 and came into force for Australia in 1994, provides a framework to regulate many aspects of the uses of the sea and conservation of the marine environment. It governs all aspects of ocean space, such as delimitation, environmental control, marine scientific research, economic and commercial activities, transfer of technology and the settlement of disputes relating to ocean matters. UNCLOS includes the right of innocent passage of foreign ships through the territorial sea, and of freedom of navigation through Australia’s exclusive economic zone (EEZ).

UNCLOS requires foreign ships in territorial seas to comply with the relevant country’s laws relating to certain matters, including conservation of the living resources of the sea; prevention of infringement of the fisheries laws; preservation of the environment and the prevention, reduction and control of pollution of the environment; and marine scientific research and hydrographical surveys.

Within Australia’s EEZ, foreign ships have rights closely associated with their rights on the high seas, including the freedom of navigation.

International Convention for the Prevention of Pollution from Ships (MARPOL)

The MARPOL deals with preventing and minimising ship-generated pollution from being discharged into the sea. MARPOL is given effect in Australia by the Commonwealth Protection of the Sea (Prevention of Pollution from Ships) Act 1983 and the Navigation Act 2012. It is the basis for Australian and state government regulation of pollution from all ships, including fishing vessels, in Australian waters. The International Maritime Organisation, a specialised agency of the United Nations, administers this convention and related conventions.

The Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, London 1972 (the London Convention 1972) and 1996 Protocol

Australia is a signatory to the London Convention 1972, the objective of which is to control all sources of marine pollution and prevent pollution through the regulation of waste dumping into the sea. In Australia, the deliberate loading, dumping and incineration of waste at sea is regulated by the Environment Protection (Sea Dumping) Act 1981.

UN Declaration on the Rights of Indigenous Peoples

On 3 April 2009 the Australian Government announced its support for the UN Declaration on the Rights of Indigenous Peoples. Although the Declaration is non-binding and does not affect existing Australian law, it does set important international principles for nations to aspire to and many of its provisions are grounded in the core human rights treaties to which Australia is a party.

Convention on Biological Diversity (CBD)

Australia is a signatory to the CBD, which requires parties to pursue the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of the benefits arising out of the utilisation of genetic resources. Article 8 of the convention identifies that parties should ‘establish a system of protected areas or areas where special measures need to be taken to conserve biodiversity’. The establishment and management of the North Marine Reserves Network assists Australia in meeting its obligations under the CBD.

In 2010, the Conference of Parties to the Convention on Biological Diversity adopted a ‘Strategic Plan for Biodiversity’. It includes the following target relevant to protected areas:

Target 11

By 2020, at least 17 per cent of terrestrial and inland water, and 10 per cent of coastal and marine areas, especially areas of particular importance for biodiversity and ecosystem services, are conserved through effectively and equitably managed, ecologically representative and well connected systems of protected areas and other effective area-based conservation measures, and integrated into the wider landscapes and seascapes

The strategic plan complements, but does not replace, the commitment to establish representative networks of marine protected areas by 2012, made at the 2002 World Summit on Sustainable Development. The strategic plan commitment acknowledges the unfortunately slow progress towards the 2012 target. The Australian Government has met and exceeded this target.

World Heritage Convention

Australia is a party to the World Heritage Convention, which aims to promote cooperation among nations to protect heritage that is of such outstanding universal value that its conservation is important for current and future generations. The operational guidelines for implementing the World Heritage Convention include requirements that each World Heritage area should have a management plan and should have adequate long-term legislative protection.

Convention on Wetlands of International Importance especially as Waterfowl Habitat 1971 (Ramsar Convention)

This international agreement is more commonly known as the Ramsar Convention on Wetlands, and originally aimed to conserve and wisely use wetlands primarily as habitat for waterbirds. Over the years, the Ramsar Convention’s scope has broadened to cover all aspects of wetland conservation and wise use, recognising that wetland ecosystems are important for both biodiversity conservation and the well-being of human communities.

To achieve its aims, the Ramsar Convention requires international cooperation, policy making, capacity building and technology transfer from its members. Under the Ramsar Convention, a wide variety of natural and human-made habitat types can be classified as wetlands, including features in the marine environment.

All wetlands listed under the Ramsar Convention are recognised as matters of national environmental significance under the EPBC Act. As such, approval is required for actions that will have, or are likely to have a significant impact on the ecological character of a Ramsar listed wetland. Further information on wetlands listed under the Ramsar Convention including access to Ramsar Information Sheets and Ecological Character Descriptions for Australian Ramsar sites are available via the Australian Wetlands Database

Convention on the Conservation of Migratory Species of Wild Animals (CMS or Bonn Convention)

As a party to the Bonn Convention, Australia has agreed to protect migratory species and to negotiate and implement agreements for the conservation and management of migratory species with other range states, including cooperation and support of research relating to migratory species:

The agreement between the Government of Australia and the Government of Japan for the Protection of Migratory Birds in Danger of Extinction and their Environment 1974 (JAMBA).

The agreement between the Government of Australia and the Government of the People’s Republic of China for the Protection of Migratory Birds in Danger of Extinction and their Environment 1986 (CAMBA).

The agreement between the Government of Australia and the Government of the Republic of Korea for the Protection of Migratory Birds 2007 (ROKAMBA).

International Convention for the Regulation of Whaling

Australia has obligations as a member of the International Whaling Commission and as a signatory to the International Convention for the Regulation of Whaling. Some of these obligations include providing for the conservation of whale species through the complete protection of certain species and designation of whale sanctuaries, and through promoting relevant research. All Commonwealth waters are assigned as the Australian Whale Sanctuary.

Agreement on the Conservation of Albatrosses and Petrels (ACAP)

This agreement provides for parties to conserve highly migratory and threatened seabirds over their normal range by protecting critical habitat, controlling non-native species detrimental to albatrosses and petrels, introducing measures to reduce the incidental catch of seabirds in fisheries, and supporting research into the effective conservation of albatrosses and petrels.

Glossary

Australian Fisheries Management Authority (AFMA)	Australian Government agency responsible for the management and sustainable use of Commonwealth fish resources on behalf of the Australian community.
Australian Government	The Government of the Commonwealth of Australia.
biodiversity	According to the EPBC Act, the variability among living organisms from all sources (including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part) and includes: (a) diversity within species and between species; and (b) diversity of ecosystems.
bioregion	A large area that has similar types of plants, animals and ocean conditions compared with other similarly sized areas, and, in this document, those bioregions as defined in the Integrated Marine and Coastal Regionalisation of Australia Version 4.0.
Commonwealth area	Has the meaning given by s.525 of the EPBC Act.
Commonwealth reserve	A reserve established and managed under Division 4 of Part 15 of the EPBC Act.
controlled action	Has the meaning given by s.67 of the EPBC Act.
department	The Australian Government Department of Sustainability, Environment, Water, Population and Communities (DSEWPaC), including any agency that succeeds to the functions of the department.
Director	The Director of National Parks under s.514A of the EPBC Act, and includes any person to whom the Director has delegated powers and functions under the EPBC Act in relation to the North Commonwealth Marine Reserves Network.
endemic/endemism	Native to or confined to a certain region.
Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)	The Australian Government's key environmental Act, which came into effect on 16 July 2000, and includes any Act amending, repealing or replacing the Act.
Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations)	The Australian Government's key environmental regulations, which came into effect on 16 July 2000, and includes any Regulations amending, repealing or replacing the Regulations.
gazette	The Commonwealth of Australia Gazette.
Integrated Marine and Coastal Regionalisation of Australia (IMCRA or IMCRA v4.0)	A spatial framework for classifying Australia's marine environment into bioregions that form the basis for the development of a National Representative System of Marine Protected Areas.
International Union for the Conservation of Nature (IUCN)	A democratic membership union with more than 1000 government and non-government organisation member organisations, and almost 11 000 volunteer scientists in more than 160 countries that brings governments, non-government organisations, United Nations agencies, companies and local communities together to develop and implement policy, laws and best-practice environmental management and sustainable development.
Management Plan (or Plan)	This Management Plan unless otherwise stated.
management principles	The Australian IUCN reserve management principles set out in Schedule 8 of the EPBC Regulations.
mining operations	Mining operations as defined by s.355(2) of the EPBC Act.
Minister	The Minister administering the EPBC Act.
National Representative System of Marine Protected Areas (NRSMPA)	A comprehensive, adequate and representative system of marine protected areas that contribute to the long-term ecological viability of marine and estuarine systems, maintain ecological processes and systems, and protect Australia's biological diversity at all levels.
proclamation	A proclamation by the Governor-General that is registered on the Federal Register of Legislative Instruments.
North Commonwealth Marine Reserves Network (North Marine Reserves Network or the Marine Reserves Network)	Eight Commonwealth marine reserves managed as a network.
sea-floor stowed and secured	Also, seabed. All fishing equipment, including nets and lines, are not in contact with the water, are onboard the nominated vessel, and lines are unrigged, unless otherwise determined by the Director.
transit	The en route passage of a vessel through a reserve, whereby the transit is in a straight direction as far as reasonably practical and the vessel does not stop for any reason other than in response to an emergency or to undertake an activity authorised by or under this Plan.
unrigged	All tackle must be removed, leaving only a bare line on the reel.

Supporting Information

ANZECC (Australian and New Zealand Environment and Conservation Council) (1998), Guidelines for establishing the National Representative System of Marine Protected Areas, ANZECC Task Force on Marine Protected Areas, Canberra.

ANZECC (Australian and New Zealand Environment and Conservation Council) (1999), Strategic plan of action for the National Representative System of Marine Protected Areas: a guide for action for Australian Governments, ANZECC Task Force on Marine Protected Areas, Canberra.

Commonwealth of Australia (1999), Environment Protection and Biodiversity Conservation Act 1999, Environment Australia, Canberra.

Commonwealth of Australia (2000), Environment Protection and Biodiversity Conservation Regulations 2000, Environment Australia, Canberra.

Commonwealth of Australia (2012), Marine Bioregional Plan for the North Marine Region, Department of Sustainability, Environment, Water, Population and Communities, Canberra.

Commonwealth of Australia (2008), North Marine Bioregional Plan: Bioregional Profile, Department of Sustainability, Environment, Water, Population and Communities, Canberra.

Day J., Dudley N., Hockings M., Holmes G., Laffoley D., Stolton S. & S. Wells (2012), Guidelines for applying the IUCN Protected Area Management Categories to Marine Protected Areas. Gland, Switzerland: IUCN. 36pp.

Interim Marine and Coastal Regionalisation for Australia Technical Group (2006), A guide to the integrated marine and coastal regionalisation of Australia, IMCRA version 4.0, Environment Australia, Canberra.

Acknowledgments

Thanks are due to the many industry representatives and operators, members of non-government organisations and community groups, scientists and researchers, government officers from federal, state, territory and local government agencies, who worked constructively and often passionately alongside us to ensure their knowledge, issues, concerns and support was heard and considered.

Thanks also to members of the public who care about our oceans and their future and took the time to make their views and concerns known by participating in the various consultation processes over the last few years and sharing their views.

This plan could not have been produced without an extraordinary effort from many talented and professional departmental staff who worked for extended periods preparing plans and an array of supporting documents, running extensive consultation processes with a diversity of marine users and other stakeholders across the country, and then processing literally hundreds of thousands of public submissions received in response to invitations to comment so that this plan represents and reflects a robust and balanced approach to protecting the conservation values of these reserves and managing activities that are compatible with this objective.

[1]

[2] Provincial bioregions are identified in the Integrated Marine and Coastal Regionalisation of Australia version 4.0. There are 41 provincial bioregions around Australia.