Approval of the North-West Commonwealth marine Reserves Network Management Plan 2014-2024 (Cth)
COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
APPROVAL OF THE NORTH-WEST 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-west Commonwealth Marine Reserves Network Management Plan 2014-2024.
Dated this ……....5............day of …….March……, 2013
Tony Burke
Tony Burke
Minister for Sustainability, Environment, Water, Population and Communities
North-West Commonwealth Marine Reserves Network Management Plan 2014–24
© Director of National Parks 2013
This document may be cited as:
Director of National Parks 2013, North-west Commonwealth Marine Reserves Network Management Plan 2014-24, Director of National Parks, Canberra.
ISBN: 978-1-921733-74-1
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 the:
Manager
North-west Commonwealth Marine Reserves Network
GPO Box 787
Canberra ACT 2601
Foreword
The Proclamation of the North-west Commonwealth Marine Reserves Network (the North-west network) was a huge and historic step forward for conservation. Its 13 Commonwealth marine reserves cover approximately 335 437 km2 and include a diverse range of Australia’s tropical and sub-tropical marine environments, supporting important ecosystems and species of international conservation and scientific significance.
These marine reserves were established to protect and maintain marine biodiversity, 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-west 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 species that face serious threats to their survival in other areas of the world. Six of the world's seven species of marine turtle, dugongs, sawfish and many species of sea snake can be found within the North-west network. The world's largest fish - the whale shark - aggregates every year off the World Heritage-listed Ningaloo Reef, while the world's largest population of Humpback whales migrates every year from Antarctica to breed in the warm waters off the Kimberley coast.
This Plan is the primary tool for the conservation and management of the North-west 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-west Commonwealth Marine Reserves Network Management Plan is the first management plan for the North-west 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 Western Australian Government, the Indigenous communities of the North-west, 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-west Marine Reserves Network Management Plan
Part 2 Description of the Environment, Values and Pressures in the North-West Marine Reserves Network
2.1 Description of the North-west Marine Region
2.2 Social, cultural and economic values
2.3 Values of the North-west Commonwealth Marine Reserves Network
2.4 Pressures on the conservation values of the North-west Commonwealth Marine Reserves Network
Part 3 IUCN Categories and Zoning of Network Reserves
Category Ia—Strict Nature Reserve
Category II—National Park
Category IV—Habitat/Species Management Area
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-West 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, pearling and aquaculture
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
Shark Bay Commonwealth Marine Reserve
Carnarvon Canyon Commonwealth Marine Reserve
Gascoyne Commonwealth Marine Reserve
Montebello Commonwealth Marine Reserve
Dampier Commonwealth Marine Reserve
Eighty Mile Beach Commonwealth Marine Reserve
Roebuck Commonwealth Marine Reserve
Argo-Rowley Terrace Commonwealth Marine Reserve
Kimberley Commonwealth Marine Reserve
Ningaloo Commonwealth Marine Reserve
Mermaid Reef Commonwealth Marine Reserve
Ashmore Reef Commonwealth Marine Reserve
Cartier Island 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-west Commonwealth Marine Reserves Network has been established to protect examples of the biodiversity, habitats and ecosystems of the North-west Marine Region.
The North-west 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 aims to 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-west 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-west Marine Reserves Network (Figure 1.1) comprises 13 Commonwealth marine reserves, of which nine were proclaimed in November 2012, and four were proclaimed previously. Together, these reserves represent examples of the ecosystems of the North-west Marine Region. The 13 reserves are:
Shark Bay Commonwealth Marine Reserve
Carnarvon Canyon Commonwealth Marine Reserve
Gascoyne Commonwealth Marine Reserve
Montebello Commonwealth Marine Reserve
Dampier Commonwealth Marine Reserve
Eighty Mile Beach Commonwealth Marine Reserve
Roebuck Commonwealth Marine Reserve
Argo-Rowley Terrace Commonwealth Marine Reserve
Kimberley Commonwealth Marine Reserve
Ningaloo Commonwealth Marine Reserve, previously named Ningaloo Marine Park (Commonwealth waters)
Mermaid Reef Commonwealth Marine Reserve, previously named Mermaid Reef Marine National Nature Reserve
Ashmore Reef Commonwealth Marine Reserve, previously named Ashmore Reef National Nature Reserve; and
Cartier Island Commonwealth Marine Reserve, previously named Cartier Island 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-west Commonwealth Marine Reserves Network.
Figure 1.1: North-west Commonwealth Marine Reserves Network
1.1 Structure of this Management Plan
The Management Plan provides a broad description of the North-west Marine Region and a summary of regional features represented in the North-west 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 the Management Plan are achieved.
This Plan assigns an International Union for Conservation of Nature (IUCN) category to each marine reserve in the North-west Commonwealth 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 the 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 management prescriptions provide the specific detail for how activities are allowed to occur in the reserves network or 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 the 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 are to:
provide for the protection and conservation of biodiversity and other natural and cultural values of the North-west Commonwealth Marine Reserves Network; and
provide for ecologically sustainable use of the natural resources within the North-west Commonwealth 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-west Marine Reserves Network Management Plan
1.3.1 Short title
This Management Plan may be cited as the North-west Commonwealth Marine Reserves Network Management Plan or, the North-west 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-West Marine Reserves Network
2.1 Description of the North-west Marine Region environment
The North-west Commonwealth Marine Reserves Network is located within the North-west Marine Region, which comprises Commonwealth waters from the Western Australian – Northern Territory border to Kalbarri, south of Shark Bay.
The North-west Marine Region covers approximately 1.07 million square kilometres of sub-tropical and tropical waters in the Indian Ocean and Timor Sea.
The Region has extensive areas of continental shelf and slope and includes the narrowest continental shelf on Australia’s coastal margin as well as two areas of abyssal plain with depths in excess of 5000 metres. The sea-floor features of the Region are diverse and include coral reefs, soft sediments, canyons, and limestone pavements which support high species diversity. There are a number of unique features that distinguish the North-west from other marine regions, including the large area of continental shelf and continental slope, its highly variable tidal regimes, and its high cyclone incidence. It is influenced by a complex system of ocean currents that change between seasons and between years, generally resulting in its surface waters being warm, nutrient poor and of low salinity. The southern part of the Region is a transition zone between tropical and temperate waters and includes the northern extent of the ranges of some temperate species typical of the South-west Marine Region.
The Region is characterised by high species diversity and fewer endemic species than are present in cooler temperate waters. Most of the Region’s species are tropical and are also found in other parts of the Indian and western Pacific oceans; as such, the Region shares many species with the North Marine Region. The Region contains more coastal and shelf fish species than anywhere else off the Western Australian coast, particularly in the Kimberley and North West Shelf. The Region supports internationally important breeding and feeding grounds for a number of threatened and migratory marine species, including humpback whales, which mate and give birth in the waters off the Kimberley coast. Significant turtle rookeries are found on coastal beaches and offshore islands and the surrounding waters provide important resting and inter-nesting (i.e. in between egg laying periods) habitats. Shark Bay and adjacent waters are home to one of the largest remaining dugong populations in the world, and the annual aggregation of whale sharks at and around Ningaloo Reef is the highest known density of whale sharks in the world.
Further information on the North-west Marine Region can be found in the Marine Bioregional Plan for the North-west Marine Region.
2.2 Social, cultural and economic values
The waters of the North-west 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 in the North-west Marine Reserves Network based on the resources and values of the Region include (in alphabetical order):
Commercial fishing - commercial wild-catch fishing is one of the most widespread activities in the Region, including fisheries targeting tuna, billfish, goldband and pink snapper, and mackerel. Fishing effort is relatively evenly distributed, with the highest efforts concentrated along the continental shelf and slope and in state waters adjacent to the Region. Land-based activities associated with commercial fishing, such as repair yards, dock handling, transportation, boat construction, fish processing and commercial trade, and the supply of marine equipment like nets and rigging, contribute to the employment and economic activity of coastal communities in the Region. At the time of making of this Plan, no aquaculture activities apart from pearling (see below) were occurring in the network.
Commercial tourism and charter fishing - the North-west Commonwealth Marine Reserves Network supports an important and diverse tourism industry that includes charter fishing, cruise ships, nature and whale watching, charter boat hire and other related activities.
Indigenous values - the Indigenous people from at least 35 distinct Aboriginal language groups have occupied, used and managed coastal land and sea environments in and adjacent to the North-west Marine Region for thousands of years. The saltwater peoples of the North-west continue to rely on coastal and marine environments and resources, including for their cultural identity, health and wellbeing. In the Region, the flooded countries of Aboriginal ancestors lie beneath Commonwealth waters and may be connected to cultural stories, sites and Dreaming tracks. The significance of the coastline and Commonwealth waters is reflected by the National Heritage Listing of the West Kimberley. Dugongs, fish and turtles that move between coastal and Commonwealth waters in the Region are important components of Aboriginal people’s culture and diet. Aboriginal people continue to actively manage their sea country in and adjacent to the North-west Marine Region in order to protect and manage the marine environment, its resources and cultural values.
Pearling - Western Australia is the world’s largest source of high quality pearls and is the only significant wild stock pearl oyster fishery in the world. The pearling industry is the second most valuable fishing industry in Western Australia after Western Rock Lobster. Pearling operations occur in the Eighty Mile Beach, Kimberley and Roebuck Commonwealth marine reserves.
Petroleum and mining - the North-west Marine Region is Australia’s premier resource area for petroleum exploration and production. There are seven sedimentary petroleum basins in the Region: the Northern and Southern Carnarvon basins, Perth, Browse, Roebuck, Offshore Canning and Bonaparte basins. Of these the Northern Carnarvon, Browse and Bonaparte comprise most of Australia’s reserves of natural gas.
Ports and commercial shipping - the expansion of mining activities in the North-west of Australia is reflected in the large number of vessel visits to the Region’s ports and the intensification of shipping activity. There is also a significant increase occurring in the number of offshore support vessels servicing petroleum exploration and development operations. Major ports are adjacent to the Roebuck, Montebello and Dampier Commonwealth marine reserves.
Recreational uses - the Region has important social values for people living in adjacent communities. Many frequently visit the coast, with some travelling long distances offshore beyond the sight of land. A wide range of recreational activities occur within the Region, including whale watching, whale shark tours, diving, cruise ship visits, yachting and recreational fishing. Given the population growth in the North-west Region, particularly due to the petroleum and minerals sectors in the Pilbara, the popularity of recreational activities is likely to continue to increase. High incomes, advances in technology and increases in vessel size are likely to result in increased recreational fishing effort and take in both state and Commonwealth waters.
The Region attracts a range of other uses, including scientific research and commercial media activities. Telecommunications cables and energy transmission services (for electricity and gas) cross the Region and intersect with a number of marine reserves. The Region also has potential for other economic uses including renewable energy (wind and wave power) and carbon storage.
The Australian Defence Force uses the entire marine estate in the course of its activities, with specific areas set aside for training activities. Within the North-west Marine Region there are two military practice and training areas. These are located west of North West Cape and in the far north of the Region.
The waters of the Region, including within the reserve network, are used by traditional Indonesian fishers, who have visited the northern coast of Australia and its islands and reefs since the early eighteenth century. In recognition of this and the importance of parts of Australia’s marine jurisdiction for the livelihoods of some traditional fishers, a Memorandum of Understanding (MoU) was signed between Australia and Indonesia in 1974 to allow traditional Indonesian fishers to fish in an area known as the ‘MoU Box’. The MoU guidelines define ‘traditional fishermen’ as fishers who have traditionally taken fish and sedentary species in Australian waters using traditional fishing methods and non-motorised sailing vessels. Cartier Island and Ashmore Reef Commonwealth Marine Reserves are located within the MoU Box. Traditional Indonesian fishers access some parts of the Ashmore Reef reserve for fresh water, visiting grave sites where appropriate, sheltering from storms and for limited fishing for immediate consumption only, in accordance with the MoU.
2.3 Values of the North-west Commonwealth Marine Reserves Network
The North-west Marine Reserves Network covers 335 437 square kilometres of Australia's western sub-tropical and tropical waters and stretching over most of the North-west Marine Region.
The North-west 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 sea-floor features. The network also protects habitats important for threatened species and some places listed under national environmental legislation for their heritage values.
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, sea-floor types and ocean conditions. The North-west Marine Reserves Network represents eight provincial bioregions (Figure 2.1):
Northwest Shelf Transition - contains complex geomorphology 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 sea snakes, fish, sharks, dolphins and marine turtles. The inshore waters off the Kimberley are where the Western Australian population of humpback whales mate and give birth. This bioregion is represented in the Kimberley Commonwealth Marine Reserve.
Timor Province - covers almost 15 per cent of the North-west Marine Region, predominantly covering the continental slope and abyss between Broome and Cape Bougainville. Water depth ranges from approximately 200 metres near the shelf break to 5920 metres over the Argo Abyssal Plain. In addition to the Argo Abyssal Plain, the major geomorphic features are the Scott Plateau, the Ashmore Terrace, part of the Rowley Terrace and the Bowers Canyon. Ashmore Reef and Cartier Island are important features of the provincial bioregion. The reefs and islands of the bioregion are regarded as particular hotspots for biodiversity. A high level of endemism exists in demersal fish communities of the continental slope in the Timor Province. This bioregion is represented in the Argo-Rowley Terrace, Ashmore Reef, Cartier Island and Kimberley Commonwealth marine reserves.
Northwest Shelf Province - is located primarily on the continental shelf between North West Cape and Cape Bougainville. It varies in width from approximately 50 kilometres at Exmouth Gulf to more than 250 kilometres off Cape Leveque. Approximately half the bioregion has water depths of only 50–100 metres. The bioregion is a dynamic oceanographic environment, influenced by strong tides, cyclonic storms, long-period swells and internal tides. Humpback whales migrate through the bioregion and Exmouth Gulf is an important resting area, particularly for mothers and calves on their southern migration. This bioregion is represented in a number of reserves including the Eighty Mile Beach, Roebuck and Kimberley Commonwealth marine reserves.
Northwest Transition - includes shelf break and continental slope and the majority of the Argo Abyssal Plain included in the North-west Marine Region. A topographic feature of the Region is Mermaid Reef, a biodiversity hotspot where the steep change in slope around the reef attracts a range of pelagic migratory species including billfish, sharks, tuna and cetaceans. This bioregion is represented in the Argo-Rowley Terrace and Mermaid Reef Commonwealth marine reserves.
Northwest Province - occurs offshore between Exmouth and Port Hedland and consists entirely of continental slope. Water depths generally range between 1000–3000 metres. The dominant geomorphic feature is the Exmouth Plateau. The Northwest Province represents the beginning of a transition between tropical and temperate marine species. High endemism in demersal fish communities on the slope is also evident in this provincial bioregion. This bioregion is represented in the Gascoyne Commonwealth Marine Reserve.
Central Western Shelf Transition - is the smallest bioregion in the North-west Marine Region and is located entirely on the continental shelf between North West Cape and Coral Bay. The bioregion is located within a significant biogeographic transition between tropical and temperate species. A large proportion of the bioregion is covered by the Ningaloo Marine Park. Ningaloo Reef is an area of high biodiversity with over 200 species of coral and more than 460 species of reef fish. Marine turtles, dugongs and dolphins frequently visit the reef lagoon and whale sharks and manta rays visit the outer reef. This bioregion is represented in the Ningaloo and Gascoyne Commonwealth marine reserves.
Central Western Transition - covers the continental slope and abyss between Shark Bay and North West Cape. Almost half the bioregion has water depths of more than 4000 metres and the proximity of deep ocean areas to the continental slope and shelf may have resulted in distinctive biological communities. The level of endemism within demersal fish communities on the slope is less than in the bioregions further north. This bioregion is also within the biogeographic transition between tropical and temperate marine species. This bioregion is represented in the Carnarvon Canyon, Shark Bay and Gascoyne Commonwealth marine reserves.
Central Western Shelf Province - consists of the continental shelf between Kalbarri and Coral Bay. Most of the bioregion varies in depth between 50–100 metres and has a predominantly flat, sandy substrate. The bioregion abuts the Shark Bay World Heritage Area, a globally important area for dugongs and is represented in the Shark Bay Commonwealth Marine Reserve.
Figure 2.1: Provincial Bioregions represented in the North-west Commonwealth Marine Reserves Network
2.3.2 Depths
The North-west Commonwealth Marine Reserves Network ranges from shallow waters of less than 15 metres to approximately 6000 metres depth. Marine biological communities change with depth, while similar depth ranges in different bioregions support different groups of species. The network includes the various depth ranges that occur within each bioregion: a total of 81 depth ranges (or bathomes) are represented in the North-west network (Figure 2.2).
Figure 2.2: Depth ranges represented in the North-west 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. Eight key ecological features are represented in the North-west Commonwealth Marine Reserves Network:
Ashmore Reef and Cartier Island and surrounding Commonwealth waters – Ashmore Reef and Cartier Island are regarded as biodiversity hotspots as they support a diverse array of pelagic and benthic marine flora and fauna. The reefs provide varied habitat that attracts a diverse range of species, including a particularly diverse fish fauna. Toothed whales and dolphins are also found around these reefs. Large areas of seagrass in waters surrounding Ashmore Reef are important for a genetically distinct dugong population. Both Ashmore and Cartier reefs support an unusually high diversity of sea snakes, for which these reefs are internationally significant. They are also important staging points for migratory wetland birds and the site of some of the most important seabird colonies in the North-west marine network. This key ecological feature is represented in the Ashmore Reef and Cartier Island Commonwealth Marine Reserves.
Continental Slope demersal fish communities - demersal slope fish assemblages in the Timor Province, the Northwest Transition and the Northwest Province are characterised by high endemism and species diversity. The level of endemism of demersal fish species in these bioregions is the highest among Australian continental slope environments. The Northwest Province, specifically the continental slope between North West Cape and the Montebello Trough, has more than 500 species of demersal fish, of which 76 are endemic; similarly, the slope of the Timor Province and the Northwest Transition is home to 64 endemic demersal fish species. This key ecological feature is represented in the Gascoyne and Kimberley Commonwealth marine reserves.
Canyons linking the Argo Abyssal Plain with the Scott Plateau - the canyons on the slope between the Argo Abyssal Plain and Scott Plateau and the north of Scott Reef are believed to be up to 50 million years old and are associated with small periodic upwellings that locally enhance biological productivity. Deep ocean currents upwelling in the canyons create a nutrient rich, cold water habitat attracting fish aggregations that in turn attract large predatory fish, sharks and toothed whales and dolphins. Whaling records from the 19th century indicate that aggregations of sperm whales occurred on the Scott Plateau. There is also anecdotal evidence that the Scott Plateau may be a breeding ground for sperm whales and beaked whales. This key ecological feature is represented in the Argo-Rowley Terrace Commonwealth Marine Reserve.
Ancient coastline at 125 metre depth contour - parts of the ancient coastline, particularly where it exists as a rocky escarpment, are thought to provide biologically important habitats in areas otherwise dominated by soft sediments. It has been suggested that humpback whales, whale sharks and other migratory pelagic species may use this escarpment as a guide as they move through the Region. The topographic variation of the ancient coastline may also facilitate small localised upwellings as a result of internal tide activity or regional mixing associated with seasonal changes in currents and winds. This key ecological feature is represented in the Gascoyne and Kimberley Commonwealth marine reserves.
Mermaid Reef and the Commonwealth waters surrounding the Rowley Shoals - Mermaid Reef is the only reef of the Rowley Shoals which occurs entirely in Commonwealth waters, and is encompassed by the Mermaid Reef Commonwealth marine reserve. Clerke and Imperieuse reefs occur in state waters, and form the Rowley Shoals Marine Park. The reefs are noted for their high species diversity. Biodiversity surveys of the Rowley Shoals have identified 184 species of corals, 264 species of molluscs, 82 species of echinoderms and 389 species of finfish. Unique sponge faunal assemblages are associated with each of the reefs. Because of the predominantly southward flow of currents past the Rowley Shoals and beyond, the Rowley Shoals are also thought to provide a source of invertebrate and fish recruits for reefs further south. Steep changes in slope around the reefs attract a range of migratory pelagic species such as dolphins, tuna, billfish and sharks. This key ecological feature is captured in the Argo-Rowley Terrace and Mermaid Reef Commonwealth marine reserves.
Exmouth Plateau - the Exmouth Plateau covers an area of approximately 50 000 square kilometres and consists of a generally rough and undulating surface at water depths of approximately 500 metres to more than 5000 metres. The plateau is thought to be dotted with numerous pinnacles. It is an important sea-floor feature that modifies the flow of deep waters, and has been identified as a site where internal waves are generated by internal tides, giving rise to the most dynamic and unique oceanographic feature in the Region. The plateau also receives settling detritus and other matter from the pelagic environment. This key ecological feature is represented in the Gascoyne Commonwealth Marine Reserve.
Canyons linking the Cuvier Abyssal Plain with the Cape Range Peninsula - the canyons on the slope between the Cuvier Abyssal Plain and the Cape Range Peninsula include the Cape Range Canyon and the Cloates Canyon. They channel nutrient-richer deep water from the Argo Abyssal Plain up onto the slope, where it mixes with the overlying water layers at the canyon heads. The upwelling zones at the canyon heads are sites of species aggregations and the soft bottom habitats within the canyons themselves are likely to support important assemblages of epibenthic species. Biological productivity at the head of Cape Range Canyon in particular is known to support species aggregations, including whale sharks. The canyons are thought to be significant contributors to the biodiversity of the adjacent Ningaloo Reef, as they channel deep water nutrients up to the reef, stimulating primary productivity. This key ecological feature is represented in the Gascoyne Commonwealth Marine Reserve.
Commonwealth waters adjacent to Ningaloo Reef - Ningaloo Reef is globally significant as the only extensive coral reef in the world that fringes the west coast of a continent. Ningaloo Reef extends for over 260 kilometres along the Cape Range Peninsula. The waters of the reef are a site of enhanced biological productivity, due to upwelling associated with the adjacent canyons on the slope and interactions between the Ningaloo Current and the Leeuwin Current. The reef is known to support an extremely abundant array of marine species including over 200 species of coral and more than 460 species of reef fish, as well as molluscs, crustaceans and other reef plants and animals. Marine turtles, dugongs and dolphins frequently visit the reef lagoon. The Commonwealth waters around Ningaloo include areas of potentially high and unique sponge biodiversity. Upwellings on the seaward side support aggregations such as whale sharks and manta rays (these waters are the main known aggregation area for whale sharks in Australian waters). Humpback whales are seasonal visitors to the outer reef edge and sea snakes, sharks, large predatory fish and seabirds also utilise the reef and surrounding waters. This key ecological feature is represented in the Gascoyne and Ningaloo Commonwealth marine reserves.
Figure 2.3: Key ecological features represented in the North-west 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, 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 the Marine Reserves Network.
The North-west Marine Reserves Network contains representative examples of 18 sea-floor features (Figure 2.4).
Figure 2.4: Sea-floor features represented in the North-west Commonwealth Marine Reserves Network
2.3.5 Protected species and biologically important areas
The North-west 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, dugongs, sawfish and a variety of seabirds. The network also contains areas important for species 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. Biologically important areas in the North-west Marine Reserves Network include:
seasonal calving habitat for the world’s largest population of the humpback whale in the Kimberley Commonwealth Marine Reserve
foraging and inter-nesting habitat for olive ridley, green, flatback, loggerhead and hawksbill marine turtles. Biologically important areas for marine turtles are captured in the Gascoyne, Ningaloo, Argo-Rowley Terrace, Montebello, Dampier, Eighty Mile Beach, Roebuck and Kimberley Commonwealth marine reserves.
foraging habitat for the whale shark, several species of sea snake, sawfish and several species of migratory seabirds. Biologically important areas for these species are represented in a number of marine reserves including the Kimberley, Ningaloo, Gascoyne, Eighty Mile Beach and Montebello Commonwealth marine reserves.
foraging and other important habitats for several whale species, dugongs and the Australian snubfin and bottlenose dolphin. Biologically important areas for these species are represented in a number of marine reserves including the Kimberley, Ningaloo, Gascoyne and Roebuck Commonwealth marine reserves.
More information on protected species and biologically important areas can be found in the Marine Bioregional Plan for the North-west 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, the North-west Commonwealth Marine Reserves Network intersects with six places with protected values.
Schedules 5, 5B, 6 and 7B of the EPBC Regulations outline the management principles for World Heritage, Commonwealth Heritage and National Heritage places, and for wetlands of international importance. As required by the EPBC Act, the strategies and actions in Part 4 of this Plan, and the management prescriptions in Part 5, are consistent with relevant EPBC Heritage management principles and take account of Australia’s obligations under relevant international agreements, including the World Heritage Convention and Ramsar Convention.
Table 2.1: Protected places and values in or near the North-west Commonwealth Marine Reserves Network
| Protected place | Values | Marine reserve |
| Ashmore Reef | Commonwealth Heritage Ramsar | Ashmore Reef and Cartier Island Commonwealth Marine Reserves |
| Mermaid Reef | Commonwealth Heritage | Mermaid Reef Commonwealth Marine Reserve |
| Ningaloo Reef | World Heritage National Heritage Commonwealth Heritage | Ningaloo Reef Commonwealth Marine Reserve |
| the Trial | Historic shipwreck | Montebello Commonwealth Marine Reserve |
| the Lively | Historic shipwreck | Mermaid Reef Commonwealth Marine Reserve |
| the Ann Millicent | Historic shipwreck | Cartier Island Commonwealth Marine Reserve |
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-west 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-west 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-west Marine Reserves Network, each marine reserve contains a range of other values, including cultural, recreational and historical, that also 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-west 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 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-west Marine Region.
Human pressures on marine ecosystems and biodiversity in the North-west Marine Region are, by global standards, low. This is partly due to the relatively low levels of marine resource use and coastal population pressure across the Region (exceptions being in proximity to large ports and industrial centres), and partly due to Australia’s generally sound management of the marine environment.
A number of sources of pressures nevertheless exist in the Region, which is next to one of the fastest growing regions of economic activity in Australia. The main drivers and sources of anthropogenic pressure on conservation values that occur in the North-west Commonwealth Marine Reserves Network are:
extraction of living resources and by-catch associated with commercial and recreational fishing, and illegal, unreported and unregulated fishing;
increasing petroleum and mineral exploration and development; and
physical habitat modification and changes to hydrological regimes as a result of increasing industrial development in areas adjacent to the Region such as development of port infrastructure
increased shipping traffic with increases in noise and risk of collisions
climate change.
Pressures related to the effects of climate change and associated large-scale effects on the marine environment are unpredictable and 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-west Commonwealth Marine Reserves
This Plan is one of a suite of tools that contribute to the management of pressures on the North-west 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 in the Region 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).
This 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 13 reserves in the North-west Commonwealth Marine Reserves Network is assigned to an IUCN category by this Management Plan. In addition, the Gascoyne, Dampier, Argo-Rowley Terrace, Kimberley and Ashmore Reef Commonwealth Marine Reserves are divided into two or more zones by the Plan. Each zone is also assigned to an IUCN category (see Sections 3.1–3.2 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 management principles and the principles for each IUCN category relevant to the North-west 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 IUCN 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 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 the 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 Ia—Strict Nature Reserve
- IUCN definition—strictly protected areas set aside to protect biodiversity and also possibly geological/geomorphologic features, where human visitation, use and impacts are strictly controlled and limited to ensure protection of the conservation values. Such protected areas can serve as indispensible reference areas for scientific research and monitoring
- Key management principle—an area that should be managed mainly for scientific research and environmental monitoring. The detailed management principles are set out in Appendix B.
Category II—National Park
- IUCN definition—large natural or near natural areas set aside to protect large-scale ecological processes, along with the complement of species and ecosystems characteristic of the area, which also provide a foundation for 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 IV—Habitat/Species Management Area
- IUCN definition—areas to protect particular species or habitats, and management reflects this priority. Many will need regular, active interventions to meet the needs of particular species or habitats, but this is not a requirement of this category
- Key management principle—an area managed primarily for conservation, through management intervention if necessary, to maintain habitats or species. The detailed management principles are set out in Appendix B.
Category VI—Managed Resource Protected Area
- IUCN definition— areas which conserve ecosystems and habitats 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 use of natural resources 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 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-west Commonwealth 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 Shark Bay, Carnarvon Canyon, Montebello, Eighty Mile Beach, Roebuck, Ningaloo, Mermaid Reef and Cartier Island 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 Gascoyne, Dampier, Argo-Rowley, Kimberley and Ashmore Reef 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-west Commonwealth Marine Reserves Network
| 1. Reserve name | 2. IUCN category | 3. IUCN categories in each reserve and management zone name | |||
| IUCN Ia | IUCN II | IUCN IV | IUCN VI | ||
| Shark Bay | VI | Multiple Use Zone | |||
| Carnarvon Canyon | IV | Habitat Protection Zone | |||
| Gascoyne | VI | Marine National Park Zone | Habitat Protection Zone | Multiple Use Zone | |
| Montebello | Vl | Multiple Use Zone | |||
| Dampier | VI | Marine National Park Zone | Special Purpose Zone (Ports) | ||
| Eighty Mile Beach | VI | Multiple Use Zone | |||
| Roebuck | VI | Multiple Use Zone | |||
| Argo-Rowley Terrace | VI | Marine National Park Zone | Multiple Use Zone | ||
| Kimberley | VI | Marine National Park Zone | Habitat Protection Zone | Multiple Use Zone | |
| Ningaloo | lV | Recreational Use Zone | |||
| Mermaid Reef | Ia | Sanctuary Zone | |||
| Ashmore Reef | la | Sanctuary Zone | Recreational Use Zone | ||
| Cartier Island | la | Sanctuary Zone | |||
Part 4
Management Strategies
The IUCN categories and associated Australian IUCN reserve management principles (see Part 3 of this Plan) guide how the North-west Commonwealth Marine Reserves Network will be managed to achieve the objectives of this Plan (see 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 Ramsar Convention (see Section 2.3.6 – Other place-based protected values).
Part 5 of this Plan 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 EPBC 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 Management 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-west 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-west Marine Region. This information underpins the extent and design of the North-west Commonwealth 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-west Commonwealth 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, must all be 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-west 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-west Commonwealth Marine Reserves Network, 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-west 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-west 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 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 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 of National Parks 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 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 of National Parks 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 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;
b)provide an opportunity to comment on the proposed decision and associated actions;
c)take any comments into account;
d)give reasonable notice before decisions are taken or implemented (except in cases of emergency); and
e)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 the Management Plan provide for the protection and conservation of biodiversity and other natural and cultural values. An important part of the management arrangements is to provide protection for conservation values from detrimental impacts resulting from unexpected or unforeseen incidents.
Environmental incidents have the potential to impact on 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-west Commonwealth Marine Reserves Network and the zoning and management 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-west Commonwealth 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 Western Australian state government agencies may also be appointed as wardens in relation to the North-west Commonwealth 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 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-west Commonwealth 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 the North-west coast 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-west 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.
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-west 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 Reserve for the purpose for which it was declared;
the protection of the special features of the Reserve, including objects and sites of biological, historical, palaeontological, archaeological, geological and geographical interest;
the protection, conservation and management of biodiversity and heritage within the Reserve;
the protection of the Reserve 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.
Heritage Protection
The EPBC Act heritage protection provisions (ss.324A to 324ZC and ss.341A to 341ZH) relevantly provide:
for the establishment and maintenance of a National Heritage List and a Commonwealth Heritage List, criteria and values for inclusion of places in either list and heritage management principles for places that are included in the two lists;
that Commonwealth agencies must not take an action that is likely to have an adverse impact on the heritage values of a place included in either list unless there is no feasible and prudent alternative to taking the action and all measures that can reasonably be taken to mitigate the impact of the action on those values are taken; and
that Commonwealth agencies that own or control places must:
- prepare a written heritage strategy for managing those places to protect and conserve their Commonwealth Heritage values. The strategy must address any matters required by the EPBC Regulations, and not be inconsistent with the Commonwealth Heritage management principles; and
- identify Commonwealth Heritage values for each place, and produce a register that sets out the Commonwealth Heritage values (if any) for each place (and do so within the timeframe set out in the place’s heritage strategy).
The prescriptions within this Plan are consistent with the Commonwealth Heritage and National Heritage management principles and other relevant obligations under the EPBC Act for protecting and conserving the heritage values for which the reserve has been listed on the National Heritage List.
Wetlands of international importance
The EPBC Act management of wetlands of international importance provisions (ss.325 to 336) relevantly provide:
that the Commonwealth may designate a wetland for inclusion in the List of Wetlands of International Importance kept under the Ramsar Convention only after seeking the agreement of relevant States, self governing Territories and land holders;
that the Minister must make plans for managing wetlands listed under the Ramsar Convention that are entirely in Commonwealth areas. The Commonwealth and Commonwealth agencies must not contravene such plans;
that the Commonwealth must try to prepare and implement management plans for other wetlands listed under the Ramsar Convention, in co operation with the relevant States and self governing Territories;
that the Commonwealth and Commonwealth agencies have duties relating to declared Ramsar wetlands in States and Territories; and
that the Commonwealth can provide assistance for the protection or conservation of declared Ramsar wetlands.
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.
The prescriptions within this Plan are consistent with the Australian Ramsar management principles described in Schedule 6 of the EPBC Act and other relevant obligations under the EPBC Act for the management of wetlands included in the List of Wetlands of International Importance kept under the Ramsar Convention.
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.
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 s211 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 3 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 3 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-west 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.
In December 2012, the International Maritime Organization endorsed an Australian submission to establish an Area to be Avoided (ATBA, an IMO ship routeing measure), off the Ningaloo Coast in Western Australia. The ATBA, which comes into effect on 01 June 2013, aims to:
mitigate the risk created by increasing coastal traffic and shipping activity, by maintaining a safer distance between ships and the reefs;
prevent incursions by off-loading and offshore support ships servicing production facilities further north;
reduce the risk of shipping accidents; and
protect a World Heritage listed region from any ship-sourced pollution.
The ATBA will apply to all ships over 150 gross tonnage and ships engaged in towing operations, regardless of size. Please refer to the following Australian Maritime Safety Authority’s (AMSA) internet page for more information:
International Convention for the Prevention of Pollution from Ships (MARPOL Convention)
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-west Commonwealth 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. Australia 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.
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-west 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-west Commonwealth Marine Reserves Network | Thirteen Commonwealth marine reserves managed as a network |
| sea-floor | Also, seabed |
| stowed and secured | 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 fast 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-west Marine Region, Department of Sustainability, Environment, Water, Population and Communities, Canberra.
Commonwealth of Australia (2008), North-west 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.
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