Approval of the South-East Commonwealth Marine Reserves Network Management Plan 2013-2023 (Cth)

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

APPROVAL OF THE SOUTH-EAST COMMONWEALTH MARINE RESERVES NETWORK MANAGEMENT PLAN 2013-2023

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 South-east Commonwealth Marine Reserves Network Management Plan 2013-2023.

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

Tony Burke

Minister for Sustainability, Environment, Water, Population and Communities

South-east

Commonwealth Marine Reserves Network Management Plan 2013–23

©Director of National Parks 2013

This document may be cited as:

Director of National Parks 2013, South-east Commonwealth Marine Reserves Network management plan 2013-23, Director of National Parks, Canberra.

ISBN: 978-1-921733-71-0

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

Manager
South-east Commonwealth Marine Reserves Network
GPO Box 787
Canberra ACT 2601.

Foreword

The Proclamation of the South-east Commonwealth Marine Reserves Network (the South-east network) in 2007 was a huge and historic step forward for conservation. Its 14 Commonwealth marine reserves cover approximately 388 464 km² and include a diverse range of temperate marine environments, supporting important ecosystems and species, some of which are new to science and found nowhere else in the world.

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 South-east 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. There are a range of shallow shelf, slope and deep water ecosystems that provide important habitats for a variety of bird and sea life. Migratory whales make their way through these waters on their journey to and from Antarctica along Australia's east coast twice a year. Beneath the waves, iconic species such as white sharks, southern bluefin tuna and blue whales roam. In the deep sea, there are a diverse range of fishes and other creatures, such as crabs, coral, sea urchins and sponges that have bizarre and fascinating adaptations to survive in the dark depths.

This South-east Commonwealth Marine Reserves Network Management Plan (the Plan) is the primary tool for the conservation and management of the South-east 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 Plan is the first management plan for the South-east network and will come into effect on 1 July 2013. I look forward to implementing the Plan with the collaboration and support of the Australian Government, the Tasmanian, Victorian, South Australian and New South Wales Governments, the Indigenous communities of the South-east, 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 South-east Marine Reserves Network Management Plan

Part 2 Description of the Region, Values of the Marine Reserves Network and Pressures

2.1 Description of the South-east Marine Region

2.2 Summary of regional features and uses of the region

2.3 Regional features represented in the South-east Commonwealth Marine Reserves Network

2.4 Conservation values protected by the South-east Commonwealth Marine Reserves Network

2.5 Pressures on the conservation values of the South-east 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 South-east 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 to the South-east Commonwealth Marine Reserves Network

5.4 Commercial shipping

5.5 Commercial fishing

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

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

5.8 Mining operations (including exploration)

5.9 Structures and works

5.10 Research and monitoring activities

5.11 Defence, border protection, law enforcement and emergency response

5.12 New activities and authorisations

Appendix A

Apollo Commonwealth Marine Reserve

Beagle Commonwealth Marine Reserve

Boags Commonwealth Marine Reserve

East Gippsland Commonwealth Marine Reserve

Flinders Commonwealth Marine Reserve

Franklin Commonwealth Marine Reserve

Freycinet Commonwealth Marine Reserve

Huon Commonwealth Marine Reserve

Macquarie Island Commonwealth Marine Reserve

Murray Commonwealth Marine Reserve

Nelson Commonwealth Marine Reserve

South Tasman Rise Commonwealth Marine Reserve

Tasman Fracture Commonwealth Marine Reserve

Zeehan Commonwealth Marine Reserve

Appendix B

Legislative framework for the Reserves Network

EPBC Act

Other relevant laws

International agreements

Appendix C

Australian IUCN reserve management principles

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 South-east Commonwealth Marine Reserves Network has been established to protect examples of the biodiversity and sea-floor features of the Commonwealth waters of the South-east Region.

The South-east 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 the adoption of ecosystem-based fisheries management, actions to recover threatened species and actions to avoid or mitigate threats such as invasive species, marine debris and land-based sources of pollution. There is substantial 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 South-east Commonwealth Marine Reserves Network was established in 2007. The network was proclaimed for the purpose of protecting and maintaining marine biodiversity, while allowing for the sustainable use of natural resources in some areas, and contributing to the NRSMPA.

The South-east Marine Reserves Network comprises 14 Commonwealth marine reserves (see Figure 1.1), of which 13 were proclaimed under s. 344 of the EPBC Act, and one, Macquarie Island Commonwealth Marine Reserve, which was proclaimed under the National Parks and Wildlife Conservation Act 1975. Together these reserves represent examples of the ecosystems of the South-east Marine Region. The 14 reserves are:

Apollo Commonwealth Marine Reserve (proclaimed on 28 June 2007)

Beagle Commonwealth Marine Reserve (proclaimed on 28 June 2007)

Boags Commonwealth Marine Reserve (proclaimed on 28 June 2007)

East Gippsland Commonwealth Marine Reserve (proclaimed on 28 June 2007)

Flinders Commonwealth Marine Reserve (proclaimed on 28 June 2007)

Franklin Commonwealth Marine Reserve (proclaimed on 28 June 2007)

Freycinet Commonwealth Marine Reserve (proclaimed on 28 June 2007)

Huon Commonwealth Marine Reserve (proclaimed on 28 June 2007)[1]

Macquarie Island Commonwealth Marine Reserve (proclaimed on 27 October 1999)[2]

Murray Commonwealth Marine Reserve (proclaimed on 28 June 2007)

Nelson Commonwealth Marine Reserve (proclaimed on 28 June 2007)

South Tasman Rise Commonwealth Marine Reserve (proclaimed on 28 June 2007)

Tasman Fracture Commonwealth Marine Reserve (proclaimed on 28 June 2007)

Zeehan Commonwealth Marine Reserve (proclaimed on 28 June 2007).

The Director of National Parks (the Director) is required to prepare a Management Plan for each Commonwealth reserve under the EPBC Act (ss. 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 South-east Commonwealth Marine Reserves Network.

Figure 1.1: South-east Commonwealth Marine Reserves Network

1.1 Structure of this Management Plan

The Management Plan provides a broad description of the South-east Marine Region and a summary of regional features represented in the South-east Marine Reserves Network. 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 Plan are achieved (see Part 2).

This Plan assigns an International Union for Conservation and Nature (IUCN) category to each marine reserve in the South-east 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 what activities are allowable in each reserve 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 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 the Reserves are divided.

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

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

1.2 Objectives of the Management Plan

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

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

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

The management 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 South-east Marine Reserves Network Management Plan

1.3.1 Short title

This Management Plan may be cited as the South-east Commonwealth Marine Reserves Network Management Plan or, the South-east Marine Reserves Network Management Plan.

1.3.2 Commencement and termination

This Management Plan will come into operation on 1 July 2013. The Plan will cease to have effect on 30 June 2023, 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 Region, Values of the Marine Reserves Network and Pressures

2.1 Description of the South-east Marine Region

The South-east Commonwealth Marine Reserves Network is located within the South-east Marine Region. The South-east Marine Region incorporates Commonwealth waters extending from near the far south coast of New South Wales, around Tasmania and as far west as Kangaroo Island in South Australia. It includes the Commonwealth waters of Bass Strait and those surrounding Macquarie Island in the Southern Ocean. The Commonwealth marine area starts at the outer edge of state waters, 3 nautical miles (5.5 kilometres) from the shore (territorial sea baseline), and extends to the outer boundary of Australia’s exclusive economic zone, 200 nautical miles from the territorial sea baseline (EPBC Act s. 24). State and territory jurisdictions extend from the shoreline to 3 nautical miles offshore.

The South-east Marine Region contains 11 provincial bioregions[3] (Figure 2.1), and includes a broad range of temperate and sub-Antarctic environments. Provincial bioregions can be either provinces or transitions. Provinces are areas of ocean with similar fauna, flora and ocean conditions. Transition bioregions are regions of overlap between provinces. Warm temperate waters occur at latitude 35°S in the Encounter Bay area in South Australia and to 37°S east of Mallacoota in Victoria. The transition to cool temperate waters occurs at 38–45°S in Bass Strait and around Tasmania. Sub-Antarctic Southern Ocean waters surrounding Macquarie Island occur at 58°S. Depths in the Region range from 40 metres on the continental shelf to greater than 4000 metres on the abyssal plain. The sea-floor features of the Region are diverse and include seamounts, canyons, escarpments, soft sediments and rocky reefs, which support high levels of biodiversity and species endemism.

Figure 2.1: Provincial Bioregions represented in the South-east Commonwealth Marine Reserves Network

2.2 Summary of regional features and uses of the region

2.2.1 Oceanography

Currents and oceanic properties, such as temperature and nutrients, play a vital role in the ecosystems of the Region. Ocean currents link marine systems, while fronts and upwellings drive the productivity of open ocean environments. Compared to other marine areas, Australia’s South-east Marine Region is relatively low in nutrients and primary productivity; however, in some locations, water bodies converge and mix to create areas of relatively high biological productivity.

The reserves located in the west of the network are predominantly influenced by the Leeuwin and Zeehan currents. The Leeuwin Current transports warm, subtropical water southward along the Western Australian coast and then eastward into the Great Australian Bight where it mixes with the cool waters from the Zeehan Current running along the west coast of Tasmania. These currents are stronger in winter than in summer.

Seasonal and transient upwellings are important ecological features of the Region. The Bonney Upwelling in south-eastern South Australia is active during autumn and summer. At the shelf break east of Bass Strait, nutrient-rich waters rise to the surface in winter as part of the processes of the Bass Strait Water Cascade, where the eastward flushing of the shallow waters of the strait over the continental shelf mix with cooler, deeper nutrient-rich water.

Bass Strait is characterised by shallow water, and tidal currents are important. While there is a slow easterly flow of waters in Bass Strait, there is also a large anticlockwise circulation. The shallowness of the water means that these waters more rapidly warm in summer and cool in winter than other waters of the Region.

The eastern parts of the Region are strongly influenced by the East Australian Current (EAC) that flows southward adjacent to the east coast of New South Wales, Victoria and Tasmania, carrying warm equatorial waters. The EAC is up to 500 metres deep and 100 kilometres wide, and is strongest in summer when it can flow at up to 5 knots. In winter it flows at 2–3 knots as the oceanographic and climatic drivers in the Coral Sea diminish.

The EAC tends to form ocean eddies that rotate around warm, central cores that can be up to 200 kilometres across, and may persist for months. The eddies can cross the continental shelf, and when mixing with shelf break waters, create upwellings that form isolated areas of enhanced productivity 200–300 kilometres in diameter. Eddies form more frequently off the south coast of New South Wales than other areas, but are also common along the east coast of Tasmania.

The waters around Macquarie Island to the south of Tasmania are in the path of the Antarctic Circumpolar Current (ACC), which is the largest single current in the world and is considered a major driver of global climate. It connects the Atlantic, Pacific and Indian oceans in an eastward flow. The ACC contains a series of jets that continuously combine and separate, acting as a buffer between different masses of water. The boundaries between water masses are called fronts and are often important places for feeding aggregations of species.

In summer the ACC is south of Tasmania, which allows the EAC to extend its flow around southern Tasmania. In winter the ACC passes closer to Tasmania and its comparative strength prohibits a weakened EAC from flowing further southward. The interaction of these currents, fronts and sea-floor features influence species composition, distribution and dispersal, controlling the movement of sediments and nutrients and the seasonal variations in salinity and temperature.

2.2.2 Sea-floor features

Significant variation in water depth and sea-floor features found throughout the South-east Marine Region are contributing factors to the high level of species diversity in the Region. Sections of the continental shelf, including Bass Strait, have a mosaic of rocky reefs and soft sediments. The shelf habitats support a diverse range of species from a broad range of taxonomic groups. The shelf break, which includes the edges of the continental shelf and the upper slope, serves to intensify currents, eddies and upwellings, creating a rich and productive area for biodiversity, including species that are fished commercially and recreationally.

Sea-floor canyons along the continental margin have been identified as important ecological features in the Region. Canyons can have steep or rugged topography that provide habitat for sessile invertebrates, such as corals, which in turn attract other organisms and higher order species. Depending on their size and shape, canyons can intensify local currents and the concentration of nutrients to enhance productivity and biodiversity.

South and east of Tasmania, groupings of seamounts rise from the abyssal plain to a height of 2000–4000 metres. One group rises up from the South Tasman Rise where the sea floor is approximately 1500 metres below the surface; the tops of these mountains rise to depths of approximately 750 metres below the surface. These seamounts may act as obstacles to deep ocean currents by restricting and intensifying their flow, which helps to inhibit the build up of sediment. This creates ideal and unique environments for corals and other filter-feeding, bottom-dwelling species to live, and provides habitat for many different fish species.

2.2.3 Biodiversity and endemism

The South-east Marine Region is recognised as a major marine biogeographic region. When compared to most of the world’s marine environments, the marine environments of temperate Australia display an enormous diversity of plant and animal species and are believed to have the most diverse marine floral assemblage in the world.

High diversity in terms of the number of species is a feature common to many plant and animal communities in the Region. In addition to high diversity, the Region has large numbers of endemic species, that is, species found nowhere else in the world. The fish fauna of southern temperate Australia includes around 600 species, of which 85 per cent are thought to be endemic and 11 per cent are common only to waters of neighbouring New Zealand. Up to 95 per cent of molluscs, approximately 90 per cent of echinoderms and up to 62 per cent of macroalgae (seaweed) species are only found in these waters. Such high diversity and endemism in the South-east Region is a result of the complex interaction of evolutionary, geological and biological processes, as well as the interactions among organisms.

The geological and climatic history of the South-east Marine Region have promoted the development of a variety of flora and fauna species that have evolved, adapted and spread in isolation. The relative stability of the climate, due to the steady northward movement of the Australian tectonic plate, has created favourable conditions for marine life over long geological timescales. The repeated submergence and emergence of Bass Strait has strongly moulded the present-day composition and distribution of species. Over millennia, the warm and cool currents of the Region have prevented the migration of species and created an environment where new species have been able to evolve.

2.2.4 Cultural and heritage features

Cultural and heritage features of the South-east Marine Region include shipwrecks, sites of Aboriginal significance and built European heritage. The majority of these features are located close to shore and on land along the coastal area of the south-east, and thus fall within states’ jurisdiction. However, their proximity to the ocean and their history indicate a strong connection between the coastal communities and the marine environment.

Indigenous people from at least 17 distinct Aboriginal language groups have occupied, used and managed coastal land and sea environments in and adjacent to the South-east Marine Region for thousands of years. Their relationship with the Region began when sea levels were much lower, allowing Indigenous people to harvest species and use parts of the Region that are now covered by deeper offshore waters.

The coastline, reefs and seabed of the state waters adjacent to the South-east Marine Region are the resting places of many shipwrecks, including wooden sailing ships, early whaling ships, passenger ships and fishing vessels. Hundreds of shipwrecks have been recorded in the waters of south-eastern Australia.

Heritage places include shipwrecks listed under the Historic Shipwrecks Act 1976 (see Appendix B). There are three historic shipwrecks in the marine reserves network, as well as many historic shipwrecks in the South-east Marine Region outside the marine reserves.

2.2.5 Economic uses of the region

For more than 200 years the Region has supported a variety of marine industries that have contributed significantly to the Region’s economic activity, and are important to many local and regional economies. Key uses of the Region include:

oil and gas production: the Region has four major hydrocarbon areas, with the Gippsland, Otway and Bass basins being production areas and the Sorell Basin considered to have future potential at the time of drafting the Plan. A number of petroleum exploration licences are held over areas of the marine reserves network, with exploration occurring from time to time

commercial fishing: there are more than 30 Commonwealth, state or jointly managed open ocean fisheries operating in the Region. This includes some of the nation’s most productive and valuable fisheries, such as abalone and rock lobster. 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 significantly to the employment and economic activity of coastal communities in the Region

commercial tourism: the South-east Marine Reserves Network supports an important and diverse industry that includes charter fishing, nature and whale watching, charter boat hire and other related activities

commercial shipping: the Region has some of Australia’s busiest shipping routes, with traffic from international and coastal cargo trade, and passenger, cargo and vehicular ferry services across Bass Strait. Many of Australia’s busiest commercial shipping lanes pass through, or nearby to, reserves in the South-east Marine Reserves Network.

The Region also attracts a range of other economic uses, including scientific research and commercial media activities. Telecommunications cables and energy transmission services (for electricity and gas) also cross the network. The Region also has significant potential for other economic uses including renewable energy (wind and wave power) and carbon storage.

2.2.6 Social uses of the region

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, yachting and recreational fishing.

2.3 Regional features represented in the South-east Commonwealth Marine Reserves Network

The South-east Marine Reserves Network was designed to include examples of each of the provincial bioregions and the different sea-floor features in the Region.

2.3.1 Provincial bioregions

Provincial bioregions identify large areas of ocean with broadly similar characteristics that are classified by scientists based on the distribution of fish species and ocean conditions. Ten provincial bioregions in the South-east Marine Region are represented in the network (see Figure 2.1). The Central Eastern Province, which is mostly contained in the East Marine Region, has a small offshore portion in the South-east Region. Some larger reserves, such as the Tasman Fracture, provide representation across more than one provincial bioregion.

2.3.2 Depth ranges

The South-east Marine Region, ranges from waters of 40 metres depth to over 4600 metres depth. Many marine assemblages are stratified by depth and similar depth ranges in different bioregions support different suites of species, so depth ranges within bioregions should be represented. Scientific assessment has shown that different biological communities live at different depths. Therefore, including different ocean depths within Commonwealth marine reserves networks will ensure that examples of all types of marine biodiversity will be represented.

The South-east Commonwealth Marine Reserves Network includes 71 of a possible 78 depth ranges (or bathomes) within the provincial bioregions occurring in the Region.

2.3.3 Sea-floor features

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 environment. For this reason, sea-floor features were used as surrogates for biodiversity to design the marine reserves network. This approach has been taken because scientific research indicates that different habitats and species are associated with different sea-floor features.

The South-east Marine Reserves Network contains representative examples of 17 sea-floor features found in the Commonwealth waters of the Region (see Figure 2.2).

Figure 2.2: Sea-floor features overlaid with South-east Commonwealth Marine Reserves Network boundaries

2.3.4 Protected species

The South-east Marine Region is an important area for protected species including populations of cetaceans, sharks and a variety of seabirds. Under the EPBC Act, species can be listed as threatened, migratory, cetacean or marine.

The South-east Marine Reserves Network provides additional protection to a number of species listed under Commonwealth legislation or international agreements including blue, sei and southern right whales, white shark and Harrison’s dogfish, sea lions and seals, as well as a number of seabirds (including albatross, shearwaters, penguins, and petrels).

2.3.5 Other place-based protected values

The EPBC Act protects a range of other values as matters of national environmental significance—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 Shipwrecks 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 South-east Commonwealth Marine Reserves Network intersects with five protected places as listed in Table 2.1 below.

Schedules 5, 5B and 7B of the EPBC Regulations outline the management principles for World Heritage, Commonwealth Heritage or National Heritage places. As required by the EPBC Act the strategies and actions in Part 4 of this Plan, and the 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 (as given effect in the World Heritage management principles).

Table 2.1: Protected places in the South-east Commonwealth Marine Reserves Network

Protected place	Protection measure	Marine reserve
Macquarie Island	World Heritage List National Heritage List	Macquarie Island Commonwealth Marine Reserves
Tasmanian Seamounts	Commonwealth Heritage List	Huon Commonwealth Marine Reserve
the MV City of Rayville	Historic shipwreck	Apollo Commonwealth Marine Reserve
the Eliza Davies	Historic shipwreck	Beagle Commonwealth Marine Reserve
the SS Cambridge	Historic shipwreck	Beagle Commonwealth Marine Reserve

2.4 Conservation values protected by the South-east Commonwealth Marine Reserves Network

The conservation values protected by the South-east Marine Reserves Network include representative examples of the:

ecosystems, habitats, communities, species and sea-floor features found within the provincial bioregions of the South-east Marine Region

ecological features with high biodiversity value, species richness and endemism

cultural and heritage sites (e.g. shipwrecks).

Information on values of individual reserves is in Appendix A.

2.5 Pressures on the conservation values of the South-east 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 are characterised by two main types: those that are directly associated with human activities and those that are related to the effects of climate change.

The pressures and sources of pressure on the conservation values of the South-east Marine Reserves Network may include:

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

noise pollution associated with shipping, other vessels, seismic survey, offshore mining operations and offshore construction

oil pollution associated with shipping, other vessels and offshore mining operations

invasive species and diseases translocated by shipping, fishing vessels, other vessels and tourism

light pollution associated with offshore mining operations and other offshore activities.

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 South-east Commonwealth marine reserves.

This Management Plan is one of a suite of tools that contribute to the management of pressures on the South-east 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). Similarly, the legal provisions within this Plan are only one part of the Commonwealth and state legislative frameworks that provide protection for the Region.

This Management Plan establishes a framework for assessing 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 pressure on the conservation values, avoidance and mitigation of impacts, incident response and compliance of marine reserve users with the provisions of the Management Plan and engaging marine users in collaborative management approaches (see Part 4)

prescriptions identifying the activities that require assessment for potential impacts, as part of the permitting or class approvals processes, before they can be undertaken in the marine reserves network and determinations, prohibitions and restrictions made under the Regulations to regulate activities (see Part 5).

Part 3
IUCN Categories and Zoning of Network Reserves

Each of the 14 reserves in the South-east Marine Reserves Network is assigned to an IUCN category by this Management Plan. In addition, the Flinders, Freycinet, Huon, Macquarie Island, Murray, Tasman Fracture and Zeehan Commonwealth Marine Reserves are also divided into two or more zones by the Plan. Each zone is also assigned to an IUCN category (see Sections 3.1–3.3 below).

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

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.

For the purposes of the Plan, undivided reserves and the zones within the reserves that are divided into zones are given a ‘management zone name’ that reflects the objectives of the Plan and the activities that are allowable in the area 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/geomorphological features, where human visitation, use and impacts are controlled and limited to ensure protection of the conservation values.

- Key management principle—Areas that should be managed mainly for scientific research and environmental monitoring. The detailed management principles are set out in Appendix C.

Category II—National Park

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

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

Category IV—Habitat/Species Management Area

- IUCN definition—Areas to protect particular species or habitats where 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 the category.

- Key management principle—Areas managed primarily for conservation, through management intervention if necessary, to maintain habitats or species. The detailed management principles are set out in Appendix C.

Category VI—Managed Resource Protected Area

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

- Key management principle—Area should be managed mainly for the ecologically sustainable use of natural ecosystems. The detailed management principles are set out in Appendix C.

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 South-east 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 Apollo, Beagle, Boags, East Gippsland, Franklin, Nelson and South Tasman Rise Commonwealth Marine Reserves are given the management zone names specified in Columns of Table 3.1 adjacent to the name of the reserve

3.3 Flinders, Freycinet, Huon, Macquarie Island, Murray, Tasman Fracture and Zeehan Commonwealth Marine Reserves are each divided into the zones shown in the map of the marine reserve in Appendix A, and each zone is assigned to the IUCN category, and given the management zone name, specified in columns 3–6 of Table 3.1, adjacent to the name of the reserve.

Table 3.1: IUCN categories and management zone names in the South-east Commonwealth Marine Reserves Network

Reserve name	IUCN category	IUCN categories in each reserve and management zone name
Reserve name	IUCN category	IUCN Ia	IUCN II	IUCN IV	IUCN VI
Apollo	VI	Multiple Use Zone
Beagle	VI	Multiple Use Zone
Boags	VI	Multiple Use Zone
East Gippsland	VI	Multiple Use Zone
Flinders	II	Marine National Park Zone	Multiple Use Zone
Franklin	VI	Multiple Use Zone
Freycinet	II	Marine National Park Zone	Recreational Use Zone	Multiple Use Zone
Huon	VI	Habitat Protection Zone	Multiple Use Zone
Macquarie Island	IV	Sanctuary Zone	Northern / Southern Habitat Protection zones
Murray	II	Marine National Park Zone	Special Purpose Zone
Murray	II	Marine National Park Zone	Multiple Use Zone
Nelson	VI	Special Purpose Zone
South Tasman Rise	VI	Special Purpose Zone
Tasman Fracture	VI	Marine National Park Zone	Special Purpose Zone
Tasman Fracture	VI	Marine National Park Zone	Multiple Use Zone
Zeehan	VI	Special Purpose Zone
Zeehan	VI	Multiple Use Zone

Part 4
Management Strategies

The IUCN categories and associated Australian IUCN reserve management principles (see Part 3 of this Plan) guide how the South-east 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 in the EPBC Act and Regulations relating to Commonwealth reserves, including whether actions and activities subject to those provisions can be carried on within network management zones. Parts 4 and 5 of the Plan set out the management arrangements to achieve the objectives of the Management Plan consistent with the principles.

Part 4 identifies the management 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 EPBC Act National and Commonwealth Heritage management principles and take account of Australia’s obligations under relevant international agreements, including the World Heritage Convention (see Section 2.3.5 – 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 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 management strategies and their associated actions provide a structured and systematic approach to achieve the objectives of this Management Plan. They collectively support protection of the conservation values of the marine reserves network while providing for sustainable use in some areas. The seven management strategies for this Management 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 the Management Plan.

Climate change and its implications will influence Australia’s marine environment in ways that are yet to be understood. One of the benefits of representative systems of marine protected areas, such as the South-east Marine Reserves Network, is the opportunity they offer for understanding and monitoring large-scale systemic shifts in ecosystem structure 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 basis 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 South-east Commonwealth Marine Reserves Network Research and Monitoring strategy that contribute 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 the 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 South-east marine reserves and the findings of the research can be easily accessed and shared.

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

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

The primary purpose of the South-east 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 on within and around the marine reserves of the South-east 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 of National Parks);

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 the proposed 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 Management Plan provides for certain activities (e.g. mining operations) to be approved if they have been considered and authorised under Chapter 4. The EPBC Act referral and assessment processes will also be used to inform decision-making by the Director 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 Management 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 Management 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 5.2.3 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 5.2.8 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 who has applied for or who holds a permit under the EPBC Regulations may also seek review of decisions 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 protect these values from detrimental impacts resulting from unexpected or unforeseen incidents.

Environmental incidents have the potential to impact the conservation values of the network. For example, incidents such as the introduction of marine pests, oil and chemical spills, foundering vessels, lost cargo and ghost nets can occur with little or no warning. Because of this, it is important to be aware of any environmental incident as soon as possible so that any impact to the conservation values can be minimised. Once an incident has occurred it is also important to assess the potential for impacts to the conservation values and respond appropriately. The establishment of systems that encourage users of the marine reserves network to report environmental incidents are 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 prevent and respond to environmental incidents 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, industries, businesses or organisations that use the marine reserves network are required to comply with this Management Plan.

A well-developed education and risk-based enforcement program tailored to people and industries that use marine reserves is a critical component for effectively managing marine reserves. As a priority, relevant information about the conservation values of the South-east Marine Reserves Network and the zoning and prescriptions will be produced to support the needs of marine reserve users. Voluntary compliance with this Management Plan will be promoted by increasing users’ understanding of the conservation values of the network and the purpose of the South-east 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 Victorian, South Australian and Tasmanian government agencies may also be appointed as wardens in relation to the South-east 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 available in some 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 for the benefit and enjoyment of current and future generations. 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 human use of the marine environment. Stakeholder participation is recognised as an important element of network management, particularly with respect to the delivery of actions by the Director and the review of prescriptions. To facilitate this participation it is intended that one or more consultative structures will be established to engage users in the management of the South-east Marine Reserves Network. The Director will engage on relevant management issues through these consultative structures to address conservation issues and other issues of mutual interest.

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

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

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

Actions

The Director will:

A26 Drawing on the significant body of knowledge built as part of sea country planning and similar initiatives across Australia, and in consultation with relevant representative organisations, consolidate and communicate information about cultural values protected in the South-east Commonwealth Marine Reserves Network.

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

A28 Build effective partnerships with Indigenous communities and organisations that have an interest in the marine reserves network.

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

Outcomes

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

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

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

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

The primary focus of this strategy is on evaluating the effectiveness of management arrangements outlined in this Management Plan in meeting the management objectives for the marine reserves network listed in Section 1.2. Effective and adaptive management is one of the Australian IUCN reserve management principles set out in Schedule 8 of the EPBC Regulations, and a monitoring and review program is an essential component of the adaptive management process.

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

Actions

The Director will:

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

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

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

a.An assessment of the existing measures to protect the South-east Commonwealth Marine Reserves Network;

b.Progress of the strategies and actions towards achieving the stated outcomes;

c.options for improving management of the marine reserves network.

Outcomes

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

Improved understanding of the conservation values, and the pressures on such values, of the marine reserves network.

The establishment of a program which provides the foundation for the long-term monitoring, evaluation and reporting on the marine reserves network.

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

Part 5
Managing Use of the South-east Commonwealth Marine Reserves Network

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

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

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

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

5.1 Outline of Part 5

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

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

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

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

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

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

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

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

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

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

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

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

5.2 Permits and class approvals for allowable activities

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

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

Prior to this Management Plan, approvals had been given by the Director under s. 359B of the EPBC Act for certain activities that are otherwise prohibited by ss. 354, 354A, 355 and 355A of the Act.

Sections 5.5–5.10 of the Plan include provisions to enable those activities to continue until a permit or class approval is issued under this section.

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

Prescriptions

5.2.1 This section applies where Sections 5.3–5.12 of this Management Plan provide that an activity may be done in accordance with a permit or class approval issued by the Director.

Permits

Activities previously approved

5.2.2 For the purposes of Sections 5.6.6, 5.9.4 and 5.10.7 of this Plan, the Director will issue a permit under Part 17 of the EPBC Regulations to the holder of an approval under s. 359B of the EPBC Act that was in effect immediately before this Plan came into effect and authorised the holder to:

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

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

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

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

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

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 1912. 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 South-east Marine Reserves Network assists Australia in meeting its obligations under the CBD.

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

Target 11

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

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

World Heritage Convention

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

The Macquarie Island Commonwealth Marine Reserve includes part of the Macquarie Island World Heritage Area, from 3–12 nautical miles from shore. The establishment of the Macquarie Island Commonwealth Marine Reserve and the development of a Management Plan for the South-east Marine Reserves Network is consistent with World Heritage obligations.

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

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

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

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

Convention on the Conservation of Migratory Species of Wild Animals (CSM 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.

Appendix C

Australian IUCN reserve management principles

Part 1 General administrative principles

Part 1 of Schedule 8 sets out general administrative principles applicable to all Commonwealth reserve. These principles underpin management approaches with regard to:

community participation - management arrangements should, to the extent practicable, provide for broad and meaningful participation by the community, public organisations and private interests in designing and carrying out the functions of a reserve or zone

effective and adaptive management - management arrangements should be effective and appropriate to the biodiversity objectives and the socio-economic context of the reserve or zone. They should be adaptive in character to ensure a capacity to respond to uncertainty and change

the precautionary principle - a lack of full scientific certainty should not be used as a reason for postponing measures to prevent degradation of the natural and cultural heritage of a reserve or zone where there is a threat of serious or irreversible damage

minimising impacts - the integrity of a reserve or zone is best conserved by protecting it from disturbance and threatening processes. Potential adverse impacts on the natural, cultural and social environment and surrounding communities should be minimised as far as practicable

ecologically sustainable use - if resource use is consistent with the management principles that apply to a reserve or zone, it should be based on the principle (the principle of ecologically sustainable use) that:

- natural resources should only be used within their capacity to sustain natural processes while maintaining the life-support systems of nature, and

- the benefit of the use to the present generation should not diminish the potential of the reserve or zone to meet the needs and aspirations of future generations

transparency of decision-making - the framework and processes for decision-making for management of the reserve or zone should be transparent. The reason for making decisions should be publicly available, except to the extent that information, including information that is culturally sensitive or commercial-in-confidence, needs to be treated as confidential

Joint management - if the reserve or zone is wholly or partly owned by Aboriginal people, continuing traditional use of the reserve or zone by resident indigenous people, including the protection and maintenance of cultural heritage, should be recognised.

Principles for each IUCN category

Part 2 of the Schedule sets out management principles applicable to each IUCN category. The principles provide guidance on the purposes for which an area should be used and the general types of activities that may be conducted. They underpin decisions and prescriptions for each IUCN category.

Strict Nature Reserve (IUCN Category Ia)

The reserve or zone should be managed primarily for scientific research or environmental monitoring based on the following principles:

1.1 Habitats, ecosystems and native species should be preserved in as undisturbed a state as possible.

1.2 Genetic resources should be maintained in a dynamic and evolutionary state.

1.3 Established ecological processes should be maintained.

1.4 Structural landscape features or rock exposures should be safeguarded.

1.5 Examples of the natural environment should be secured for scientific studies, environmental monitoring and education, including baseline areas from which all avoidable access is excluded.

1.6 Disturbance should be minimised by careful planning and execution of research and other approved activities.

1.7 Public access should be limited to the extent it is consistent with these principles.

National Park (IUCN Category II)

The reserve or zone should be protected and managed to preserve its natural condition according to the following principles:

2.1 Natural and scenic areas of national and international significance should be protected for spiritual, scientific, educational, and recreational or tourist purposes.

2.2 Representative examples of physiographic regions, biotic communities, genetic resources and native species should be perpetuated in as natural a state as possible to provide ecological stability and diversity.

2.3 Visitor use should be managed for inspirational, educational, cultural and recreational purposes at a level that will maintain the reserve or zone in a natural or near-natural state.

2.4 Management should seek to ensure that exploitation or occupation inconsistent with these principles does not occur.

2.5 Respect should be maintained for the ecological, geomorphologic, sacred and aesthetic attributes for which the reserve or zone was assigned to this category.

2.6 The needs of indigenous people should be taken into account, including subsistence resource use, to the extent that they do not conflict with these principles.

2.7 The aspirations of traditional owners of land within the reserve or zone, their continuing land management practices, the protection and maintenance of cultural heritage and the benefit the traditional owners derive from enterprises, established in the reserve or zone, consistent with these principles should be recognised and taken into account.

Habitat/Species Management Area (IUCN Category IV)

The reserve or zone should be managed primarily, including (if necessary) through active intervention, to ensure the maintenance of habitats or to meet the requirements of collections or specific species based on the following principles:

3.1 Habitat conditions necessary to protect significant species, groups or collections of species, biotic communities or physical features of the environment should be secured and maintained, if necessary through specific human manipulation.

3.2 Scientific research and environmental monitoring that contribute to reserve management should be facilitated as primary activities associated with sustainable resource management.

3.3 The reserve or zone may be developed for public education and appreciation of the characteristics of habitats, species or collections, and of the work of wildlife management.

3.4 Management should seek to ensure that exploitation or occupation inconsistent with these principles does not occur. People with rights or interests in the reserve or zone should be entitled to benefits derived from activities in the reserve or zone that are consistent with these principles.

3.5 If the reserve or zone is proclaimed for the purpose of a botanic garden, it should also be managed for the increase of knowledge, appreciation and enjoyment of Australia’s plant heritage by establishing, as an integrated resource, a collection of living and herbarium specimens of Australian and related plants for study, interpretation, conservation and display.

Managed Resource Protected Area (IUCN Category VI)

The reserve or zone should be managed mainly for the sustainable use of natural ecosystems based on the following principles:

4.1 The biological diversity and other natural values of the reserve or zone should be protected and maintained in the long term.

4.2 Management practices should be applied to ensure ecologically sustainable use of the reserve or zone.

4.3 Management of the reserve or zone should contribute to regional and national development to the extent that this is consistent with these principles

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 South-east 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	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
sea-floor	Also, seabed
South-east Commonwealth Marine Reserves Network (South-east Marine Reserves Network or the marine reserves network)	Fourteen Commonwealth marine reserves managed as a network that contain representative examples of the major sea-floor features of the South-east Marine Region:
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.

Bruce, BD, Bradford, R, Daley, R, Green, M & Phillips, K (2002), Targeted review of biological and ecological information from fisheries research in the South-east Marine Region, CSIRO report prepared for the National Oceans Office.

Butler, A, Harris, P, Lyne, V, Heap, A, Passlow, V & Porter–Smith, R (2001), An interim bioregionalisation for the continental slope and deeper waters of the South-east Marine Region of Australia, CSIRO and Geoscience Australia report prepared for the National Oceans Office, Canberra.

Butler, A, Althaus, F, Furlani, D & Ridgway, K (2002), Assessment of the conservation values of the Bonney Upwelling area: a component of the Commonwealth Marine Conservation Assessment Program 2002–2004, CSIRO report prepared for Environment Australia, Canberra.

Butler, A, Althaus, F, Furlani, D & Ridgway, K (2002), Assessment of the conservation values of the Bass Strait sponge beds area: a component of the Commonwealth Marine Conservation Assessment Program 2002–2004. CSIRO report prepared for Environment Australia, Canberra.

Cafe, D (2001), Pressures on uses in the South-east Marine Region, report prepared for the National Oceans Office, Hobart.

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

Commonwealth of Australia (2000). Environment Protection and Biodiversity Conservation Regulations 2000, Environment Australia, 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.Environment Australia (2002), Australian IUCN reserve management principles for Commonwealth MPAs, National Heritage Trust, Canberra.

Environment Australia (2003), Australia’s South-east Marine Region: a user’s guide to identifying candidate areas for a Regional Representative System of Marine Protected Areas, Environment Australia, Canberra.

Hassall & Associates (2001), Discussion paper: non-market economic values & the South-East Marine Region, report prepared for the National Oceans Office, Hobart.

Hayes, D, Furlani, D, Condie, S, Althaus, F & Butler, A (2005), Data layers and metadata to assist in the selection of candidate marine protected areas in the South-east Marine Region, CSIRO and Department of Environment and Heritage, Canberra.

IRC Environment (2002), Technical review of impacts matrices, IRC report prepared for the National Oceans Office, Hobart.

Love, G (2004), Key economic issues facing marine-based industries in the South-east Marine Region, ABARE report prepared for the National Oceans Office, Canberra.

National Oceans Office (2004), South-east Regional Marine Plan: implementing Australia’s oceans policy in the South-east Marine Region, National Oceans Office, Hobart.

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] The Tasmanian Seamounts Marine Reserve, proclaimed on 19 May 1999, was revoked and became part of the Huon Commonwealth Marine Reserve.

[2] Macquarie Island Marine Park was proclaimed on 27 October 1999, but was renamed Macquarie Island Commonwealth Marine Reserve by proclamation on 28 June 2007.

[3] The provincial bioregions are identified in the Integrated Marine and Coastal Regionalisation of Australia version 4.0 (IMCRA v4.0). There are 41 provincial bioregions around Australia.