Approval of the South-West Commonwealth Marine Reserves Network Management Plan 2014-2024 (Cth)
COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
APPROVAL OF THE SOUTH-WEST COMMONWEALTH MARINE RESERVES NETWORK MANAGEMENT PLAN 2014-2024
I, TONY BURKE, Minister for Sustainability, Environment, Water, Population and Communities, acting pursuant to section 370 of the Environment Protection and Biodiversity Conservation Act 1999, hereby approve the South-west Commonwealth Marine Reserves Network Management Plan 2014-2024.
Dated this ……5........ day of …….March……, 2013
Tony Burke
Tony Burke
Minister for Sustainability, Environment, Water, Population and Communities
South-west
Commonwealth Marine Reserves Network Management Plan 2014–24
© Director of National Parks 2013
This document may be cited as:
Director of National Parks 2013, South-west Commonwealth Marine Reserves Network Management Plan 2014-24, Director of National Parks, Canberra.
ISBN: 978-1-921733-73-4
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-west Commonwealth Marine Reserves Network
GPO Box 787
Canberra ACT 2601
Foreword
The Proclamation of the South-west Commonwealth Marine Reserves Network (the South-west network) was a huge and historic step forward for conservation. Its 14 Commonwealth marine reserves cover approximately 508 605 km2 and include a diverse range of Australia's temperate and subtropical marine environments, supporting important ecosystems and species of international conservation and scientific significance.
These marine reserves were established to protect and maintain marine biodiversity, to contribute to the National Representative System of Marine Protected Areas (NRSMPA) and to help ensure the long-term ecological viability of Australia’s marine ecosystems.
The South-west network plays a central role in ecosystem-based management of the marine environment, providing for ecologically sustainable use as well as protecting the habitat of species endemic to Australia's South-west, including the Australian sea lion and the Australian lesser noddy. Several threatened species that travel long distances and visit the region during important stages of their life cycles, such as the endangered southern right whale, blue whale and humpback whale. The iconic biodiversity hotspots of the Abrolhos, Perth Canyon, Geographe Bay, the Naturaliste Plateau, Diamantina Fracture and Recherche Archipelago are all included in the network.
This Plan is the primary tool for the conservation and management of the South-west network. It sets out the approach to and direction of management activities for the next 10 years. It is designed to provide certainty to users of the marine reserves by giving effect to decisions on zoning and allowable activities that were made at the time of proclaiming the marine reserves following an extensive consultation and planning process. It also provides flexibility to adapt and apply best management practices over time. Many of the strategies and actions will need significant engagement with and support from marine users and the wider community to ensure the Plan’s objectives are met.
Australia has been working towards a representative system of marine reserves for more than a decade. It is exciting to look forward to the future of our marine environment, knowing that we have taken an enormous step towards ensuring its long-term protection and sustainability.
The South-west Commonwealth Marine Reserves Network Management Plan is the first management plan for the South-west network and will come into effect on 1 July 2014. I look forward to implementing the Plan with the collaboration and support of the Australian Government, the Western Australian and South Australian Governments, the Indigenous communities of the South-west, marine reserve users, local communities and other Australians who are passionate about this island continent and the extraordinary natural world in the oceans that surround us. Together we can leave a tremendous legacy for future generations.
Peter Cochrane
Director of National Parks
Contents
Part 1 Introduction
1.1 Structure of this Management Plan
1.2 Objectives of the Management Plan
1.3 Introductory provisions for the South-west Marine Reserves Network Management Plan
Part 2 Description of the Environment, Values and Pressures in the South-West Marine Reserves Network
2.1 Description of the South-west Marine Region environment
2.2 Social, cultural and economic values
2.3 Values of the South-west Commonwealth Marine Reserves Network
2.4 Pressures on the conservation values of the South-west Commonwealth Marine Reserves Network
Part 3 IUCN Categories and Zoning of Network Reserves
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-West Commonwealth Marine Reserves Network
5.1 Outline of Part 5
5.2 Permits and class approvals for allowable activities
5.3 General rules for use and access
5.4 Commercial shipping
5.5 Commercial fishing and aquaculture
5.6 Commercial tourism (including charter fishing tours) and commercial media
5.7 Recreational fishing (including clients of charter fishing tours and organised fishing competitions)
5.8 Mining operations (including exploration)
5.9 Structures and works
5.10 Research and monitoring activities
5.11 Defence, border protection, law enforcement and emergency response
5.12 New activities and authorisations
Appendix A
Southern Kangaroo Island Commonwealth Marine Reserve
Western Kangaroo Island Commonwealth Marine Reserve
Western Eyre Commonwealth Marine Reserve
Murat Commonwealth Marine Reserve
Great Australian Bight Commonwealth Marine Reserve
Twilight Commonwealth Marine Reserve
Eastern Recherche Commonwealth Marine Reserve
Bremer Commonwealth Marine Reserve
South-west Corner Commonwealth Marine Reserve
Geographe Commonwealth Marine Reserve
Perth Canyon Commonwealth Marine Reserve
Two Rocks Commonwealth Marine Reserve
Jurien Commonwealth Marine Reserve
Abrolhos Commonwealth Marine Reserve
Appendix B
Legislative framework for the Reserves Network
EPBC Act
Other relevant laws
International agreements
Glossary
Supporting Information
Acknowledgments
Part 1
Introduction
Australia has one of the largest marine jurisdictions in the world, containing a vast array of diverse and unique biological and physical features. Our marine environments range from tropical seas in the north to sub-Antarctic waters in the south. These waters are home to a wealth of biodiversity, much of it found nowhere else. The South-west Commonwealth Marine Reserves Network has been established to protect examples of the biodiversity, habitats and ecosystems of the South-west Region and parts of the North-west and South-east Regions.
The South-west Commonwealth Marine Reserves Network forms part of Australia’s National Representative System of Marine Protected Areas (NRSMPA). The establishment of the NRSMPA has been ongoing since 1998 when the Australian, state and Northern Territory governments agreed to its creation. The states and the Northern Territory governments are establishing marine protected areas in their coastal waters, while the Australian Government has established marine protected areas in Commonwealth waters around Australia. Commonwealth waters start at the outer edge of state and territory waters, generally three nautical miles (5.5 kilometres) from the shore (territorial sea baseline), and extend to the outer boundary of Australia’s exclusive economic zone, 200 nautical miles from the territorial sea baseline. The Commonwealth marine area is defined in s.24 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
The NRSMPA aims to meet Australia’s international commitments as a signatory to the Convention on Biological Diversity to establish a representative system of marine protected areas within Australia’s exclusive economic zone.
The creation and management of marine reserves is an important strategy for the conservation and ecologically sustainable use of the marine environment. Marine reserves, when well designed and managed effectively, make an important contribution to maintaining the overall health and resilience of our oceans. The primary goal of the NRSMPA is to establish and manage a comprehensive, adequate and representative system of marine protected areas to contribute to the long-term ecological viability of marine and estuarine systems, to maintain ecological processes and systems, and to protect Australia’s biological diversity at all levels.
Marine reserves are just one of a wide range of tools that support the conservation and ecologically sustainable use of the marine environment and its biodiversity. Other key tools include Marine Bioregional Plans prepared under the EPBC Act, actions to recover threatened species and to avoid or mitigate threats such as invasive species, marine debris and land-based sources of pollution and the adoption of ecosystem-based fisheries management. There is significant 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-west Commonwealth Marine Reserves Network was established in 2012. The network was proclaimed for the purpose of protecting and maintaining marine biodiversity, while allowing for the sustainable use of natural resources in some areas.
The South-west Marine Reserves Network (Figure 1.1) comprises 14 Commonwealth marine reserves, which together represent examples of ecosystems of the South-west, North-west and South-east Marine Regions. The 14 reserves are:
Southern Kangaroo Island Commonwealth Marine Reserve
Western Kangaroo Island Commonwealth Marine Reserve
Western Eyre Commonwealth Marine Reserve
Murat Commonwealth Marine Reserve
Great Australian Bight Commonwealth Marine Reserve
Twilight Commonwealth Marine Reserve
Eastern Recherche Commonwealth Marine Reserve
Bremer Commonwealth Marine Reserve
South-west Corner Commonwealth Marine Reserve
Geographe Commonwealth Marine Reserve
Perth Canyon Commonwealth Marine Reserve
Two Rocks Commonwealth Marine Reserve
Jurien Commonwealth Marine Reserve
Abrolhos Commonwealth Marine Reserve
The Director of National Parks (the Director) is required to prepare a management plan for each Commonwealth reserve under the EPBC Act (s.366). The EPBC Act allows a single management plan to be prepared to cover a number of reserves. This approach has been adopted for marine reserves as it allows reserves to be managed strategically at a scale that accommodates the dynamics and connectivity of marine ecosystems. The network approach also establishes consistent management arrangements across all reserves within the network providing certainty for users.
This is the first Management Plan for the South-west Commonwealth Marine Reserves Network.
Figure 1.1: South-west Commonwealth Marine Reserves Network
1.1 Structure of this Management Plan
The Management Plan provides a broad description of the South-west Marine Region and a summary of regional features represented in the South-west Commonwealth Marine Reserves Network (see Part 2). It also identifies the conservation values protected by the network. The Plan includes information about pressures and potential threats to these values, which require active management and monitoring over time to ensure the objectives of this Plan are achieved.
This Plan assigns an International Union for Conservation of Nature (IUCN) category to each marine reserve in the South-west Marine Reserves Network, in accordance with the requirements of s.367(1)(a) of the EPBC Act (see Part 3). When a reserve is divided into zones, each zone is also assigned an IUCN category. The Australian IUCN reserve management principles, prescribed in Schedule 8 of the Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations), provide administrative guidance for managing Commonwealth reserves, and also define broadly what activities are allowable in each IUCN category and zone and under what circumstances they may be undertaken.
Zoning is a fundamental planning tool in managing marine reserves and defines what activities can occur in which locations so as to protect the marine environment and to provide for ecologically sustainable use. Detailed information about the zoning arrangements is provided in Part 3 of this Plan. Maps and descriptions for individual reserves are provided in Appendix A. The maps define any zones into which reserves are divided.
The Plan prescribes the strategies and actions for research and monitoring, assessment and permitting, compliance, community participation, Indigenous involvement and environmental management that will be applied by the Director (see Part 4). These strategies and actions provide the framework for achieving the Plan’s objectives and outcomes. This Management Plan also allows for management of local scale, reserve-specific issues during the life of the Management Plan, as management needs change over time.
The Plan prescribes the rules applying to activities associated with human use in the reserves network. These 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-west Marine Reserves Network; and
provide for ecologically sustainable use of the natural resources within the South-west Marine Reserves Network where this is consistent with objective 1.
The management strategies and actions outlined in Part 4 and the prescriptions outlined in Part 5 aim to achieve the objectives of this Plan.
1.3 Introductory provisions for the South-west Marine Reserves Network Management Plan
1.3.1 Short title
This Plan may be cited as the South-west Commonwealth Marine Reserves Network Management Plan or, the South-west Marine Reserves Network Management Plan.
1.3.2 Commencement and termination
This Plan will come into operation on 1 July 2014. The Plan will cease to have effect on 30 June 2024, unless revoked sooner or replaced with a new Management Plan.
1.3.3 Interpretation
Definitions of terms, concepts, legislation and abbreviations used in this Plan are provided in the Glossary at the back of the Plan.
Part 2
Description of the Environment, Values and Pressures in the South-West Marine Reserves Network
2.1 Description of the South-west Marine Region environment
The South-west Marine Reserves Network is located mostly within the South-west Marine Region and extends at its margins into both the North-west and South-east Marine Regions. It incorporates Commonwealth waters extending from the eastern most end of Kangaroo Island, off South Australia, to the waters offshore of Shark Bay in Western Australia.
The South-west Marine Region covers approximately 1.3 million square kilometres of temperate waters and abuts the coastal waters of Western and South Australia.
The Region encompasses very diverse and complex environments including over its continental shelf, continental slope, continental rise and the abyssal plains, with the Diamantina Fracture Zone, the largest underwater mountain chain in the oceans surrounding Australia, rising from depths of over 6000 metres. The continental slope of the Region is incised by a large number of submarine canyons and includes Australia’s largest underwater canyon, the Perth Canyon, also known as the Rottnest Trench. The South-west Marine Region is strongly influenced by the Leeuwin Current and its interactions with seafloor features, the low level of run-off from the land and the relatively stable recent geological history.
The Region is vast and is renowned for some of the most diverse temperate marine ecosystems on Earth. Examples include the unique mix of temperate and tropical marine species that inhabit the waters off the Houtman Abrolhos Islands; the marine science frontier of the deep rugged mountains of the Diamantina Fracture; and the world’s richest known temperate soft-sediment communities in the Great Australian Bight. By global standards, the marine environment of the South-west Marine Region has high biodiversity and large numbers of species found only in the Region (known as endemism). Particular hotspots for biodiversity are the Houtman Abrolhos Islands, the overlap between tropical and temperate fauna along the west coast, the Recherche Archipelago and the soft sediment ecosystems in the Great Australian Bight. The Region provides important calving regions for the endangered southern right whale and colonies of Australia’s only endemic pinniped – the Australian sea lion. The south-west corner of the Region is an important area for beaked whales. Other protected species known to occur in the Region include white shark, humpback whale and several species of albatross.
Further information on the South-west Marine Region can be found in the Marine Bioregional Plan for the South-west Marine Region.
2.2 Social, cultural and economic values
The waters of the South-west Marine Region are important for their cultural and social values and for their economic contributions to Australia and the Region. The activities and industries of most significance within the South-west Marine Reserves Network, based on the resources and values of the Region include (in alphabetical order):
Aquaculture – most aquaculture occurs within state waters adjacent to the Region, although there is some interest in assessing the potential for aquaculture in deeper, more exposed sites. Aquaculture activities in the South-west Marine Region include tuna grow out, offshore finfish and inshore scallop.
Commercial fishing – commercial wild-catch fishing is the most widespread activity in the South-west Marine Region. Over 20 commercial fisheries operate in the Region. The most valuable fisheries in the South-west Marine Region target the western rock lobster, tuna and abalone. Fishing effort is relatively evenly distributed across the Region, with the highest effort concentrated along the Western Australian west coast, particularly just north of Perth, and around the shelf break in the Great Australian Bight. Fishing in offshore, oceanic waters is predominantly pelagic tuna longline. The South-west Marine Region supportes a diverse range of communities that are linked to the fishing industry. This includes urban centres - for example, large metropolitan cities such as Perth - to small port hamlets like Windy Harbour that are scattered along the coastline. Towns such as Port Lincoln and Geraldton developed to service the commercial fishing industry.
Commercial tourism and charter fishing – a broad range of marine tourism activities take place in the South-west Marine Region, including water sports such as sailing, snorkelling, scuba diving, cruise lining and whale, seal and dolphin watching. Charter vessel activity in South Australia and Western Australia is concentrated around the major population centres and caters for both domestic and overseas clients.
Indigenous values – the marine environment has been a central focus for coastal communities since long before European settlement. Indigenous people from several distinct Aboriginal people groups and clans have lived adjacent to the oceans of the South-west Marine Region for thousands of years.
Petroleum and mining – the South-west Marine Region is not presently one of Australia’s most significant resource areas for petroleum. The region includes one active production well. In the Perth Basin there are several areas of active exploration and areas of medium to high prospectivity where exploration is likely to increase in the future. Oil production and transport are expected to increase in the region. The most prospective basins for petroleum deposits in the region are the Bremer Sub-basin, Perth Basin, Mentelle Basin and Bight Basin.
Ports and commercial shipping – many major ports in the Region, including the largest port in the Region, the Port of Fremantle, are either in the process of expanding or are earmarked for expansion in order to service the growth of the mining industry in Western Australia. Ports in Albany, Bunbury, Esperance and Geraldton are important for shipping minerals and agricultural commodities. In South Australia, the Port of Adelaide is the second busiest port in the Region, with a number of smaller important ports, such as Port Lincoln, located throughout the state. Coastal and offshore development associated with strong economic growth throughout Western Australia is expected to continue at a rapid pace. Shipping traffic in the South-west Marine Region, particularly of large vessels, is expected to increase.
Recreational use – 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 snorkelling, scuba diving, whale, seal and dolphin watching, yachting and charter fishing. Recreational fishing is a popular activity in the South-west Marine Region, although most recreational fishing occurs in state waters adjacent to the Region. The Perth Canyon, or Rottnest Trench as it is commonly referred to, is a significant location for demersal and pelagic game fishing tournaments. Geographe Bay in the south of Western Australia and Sceale Bay in South Australia also attract and support recreational fishing communities.
The South-west Marine Region attracts a range of other uses, including scientific research and commercial activities. One submarine telecommunications cable linking Australia with South-East Asia is operational and classified as a cable of national significance. The cable runs from Perth to Jakarta and crosses the Abrolhos Commonwealth Marine Reserve and a small portion of the Perth Canyon Commonwealth Marine Reserve. The Region also has significant potential for other economic uses including renewable energy (wind and wave power), carbon capture and storage and biotechnology.
The Australian Defence Force uses the entire marine estate in the course of its activities, with specific areas set aside for training activities. Within the South-west Marine Region there is a large training area off the coast from Perth known as the Western Australian Exercise Area. This area overlaps with the Perth Canyon Commonwealth Marine Reserve.
2.3 Values of the South-west Commonwealth Marine Reserves Network
The South-west Marine Reserves Network covers 508 605 square kilometres of Australia's sub-tropical and temperate environments.
The South-west Marine Reserves Network was designed in accordance with the Goals and Principles for the establishment of the National Representative System of Marine Protected Areas in Commonwealth waters[1] to represent the Region’s biodiversity as it varies across provincial bioregions, depth ranges, large scale biological and ecological features and seafloor features. The network also protects habitats important for threatened species and some places listed under national environmental legislation for their heritage values.
2.3.1 Provincial bioregions
Provincial bioregions[2] are large areas of the oceans with broadly similar characteristics that have been classified by scientists based on the distribution of fish and other marine species, seafloor types and ocean conditions. The South-west Marine Reserves Network represents nine provincial bioregions (Figure 2.1):
Central Western Shelf Transition – is located within a significant biogeographic transition between tropical and temperate species. Marine turtles, dugongs and dolphins frequently visit the Ningaloo reef lagoon and whale sharks and manta rays visit the outer reef. This bioregion is represented in the Abrolhos Commonwealth Marine Reserve.
Central Western Transition – covers the continental slope and abyss between Shark Bay and North West Cape. Almost half the bioregion has water depths of more than 4000 metres and the proximity of deep ocean areas to the continental slope and shelf may have resulted in distinctive biological communities. The Leeuwin Current, flowing south along the slope, is the dominant oceanographic feature. This bioregion is also within the biogeographic transition between tropical and temperate marine species. This bioregion is represented in the Abrolhos Commonwealth Marine Reserve.
Southwest Shelf Transition – covers the continental shelf extending seaward from Kalbarri to Perth. Its ecology is heavily influenced by the Leeuwin Current, which carries subtropical and tropical species southward. Here they mix with temperate species to form diverse and unique biological communities, such as those surrounding the Houtman Abrolhos Islands. This bioregion is represented in the Abrolhos, Jurien, Two Rocks and Perth Canyon Commonwealth Marine Reserves.
Central Western Province – extends from the Southwest Shelf Transition to the limit of the Australian exclusive economic zone. The continental slope is cut by numerous canyons, including the Perth Canyon, the largest of Australia’s submarine canyons. The bioregion is characterised by numerous eddies (circulating bodies of water, about 200-300 kilometres in diameter) that detach from the Leeuwin Current, trapping shallow water biological communities and nutrients and transporting them offshore. The Perth Canyon appears to be an important ecological feature attracting krill and fish aggregations that in turn attract larger species such as predatory fish and pygmy blue whales. This bioregion is represented in the Abrolhos, Jurien and Perth Canyon Commonwealth Marine Reserves.
Southwest Shelf Province – extends over a long stretch of continental shelf southwards from Fremantle and around to Point Dempster, east of Esperance. Marine life in the bioregion is highly diverse and influenced by the warm waters of the Leeuwin Current. It includes globally important biodiversity hotspots, such as the waters off Geographe Bay and those surrounding the Recherche Archipelago. This bioregion is represented in the Perth Canyon, Geographe Bay, South-west Corner, Bremer and Eastern Recherche Commonwealth Marine Reserves.
Southwest Transition – is one of the South-west Marine Region’s least researched bioregions. It is dominated by the Naturaliste Plateau, a large extension of the continental plate, which adjoins the continental slope through the Naturaliste Trough. Little biological sampling has been conducted here due to its remoteness and rough waters, but based on its characteristics and data from elsewhere in the world, scientists believe that the Plateau hosts rich and diverse biological communities. This bioregion is represented in the Perth Canyon and South-west Corner Commonwealth Marine Reserves.
Great Australian Bight Shelf Transition – is a vast and shallow bioregion. The invertebrate communities that inhabit the seafloor are among the most diverse in the world. The inshore areas of the bioregion are globally important for the threatened southern right whale and the Australian sea lion. This bioregion is represented in the Eastern Recherche, Twilight, Great Australian Bight, Murat and Western Eyre Commonwealth Marine Reserves.
Spencer Gulf Shelf Province – straddles Australia’s South-west and South-east Marine Regions, extending east from Ceduna. Seasonal winds and ocean currents interact with seafloor features to produce a number of small seasonal upwellings that are important for biological productivity. The bioregion is noted for its very diverse seafloor communities, productivity hotspots and aggregations of marine life associated with its small seasonal upwellings. New Zealand fur seals, Australian sea lions, dolphins, penguins, Southern right and blue whales and seabirds inhabit or visit the area. This bioregion is represented in the Western Eyre, Western Kangaroo Island and Southern Kangaroo Island Commonwealth Marine Reserves.
Southern Province – is the largest of Australia’s marine provincial bioregions and covers almost half the Region, extending offshore from the south-west corner of the Australian mainland across to the eastern boundary of the South-west Marine Region. Submarine canyons and the Diamantina Fracture Zone are key ecological features of the Southern Province. Some of these canyons are important aggregation areas for a range of species, including commercially fished species, deep diving toothed whales, dolphins and New Zealand fur seals. This bioregion is represented in the South-west Corner, Bremer, Eastern Recherche, Great Australian Bight and Western Eyre Commonwealth Marine Reserves.
Figure 2.1: Provincial Bioregions represented in the South-west Commonwealth Marine Reserves Network
2.3.2 Depths
The South-west Marine Region ranges from the shallow coastal waters of less than 10 metres depth to a depth of approximately 6400 metres off the shelf. Marine biological communities change with depth, while similar depth ranges in different bioregions support different groups of species. 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-west Marine Reserves Network represents examples of 69 depth ranges (or bathomes) within provincial bioregions (Figure 2.2).
Figure 2.2: Depth ranges represented in the South-west Commonwealth Marine Reserves Network
2.3.3 Large scale biological and ecological features
The marine bioregional planning program identified large scale ecological features that support distinct or important ecological communities at a regional scale. Where these features are considered to be of regional importance for either a region’s biodiversity or ecosystem function and integrity, they are known as key ecological features. Thirteen key ecological features are represented in the South-west Commonwealth Marine Reserves Network (Figure 2.3):
Wallaby Saddle – the Wallaby Saddle is an important seafloor feature, as it is associated with enhanced biological productivity in an area of generally low productivity. The saddle is shallower than adjoining abyss areas to the north and south and is the site of upwellings of deeper, more nutrient-rich waters. Aggregations of sperm whales are thought to occur on the Wallaby Saddle and it is believed that they feed on aggregations of small pelagic fish. These aggregations are a reflection of the relatively high biological productivity of the area. This key ecological feature is represented in the Abrolhos Commonwealth Marine Reserve.
Commonwealth marine environment surrounding the Houtman Abrolhos Islands – the Houtman Abrolhos Islands and surrounding reefs support a unique mix of temperate and tropical species, resulting from the southward transport of species by the Leeuwin Current over thousands of years. The Houtman Abrolhos Islands are the largest seabird breeding station in the eastern Indian Ocean. They support more than one million pairs of breeding seabirds. This key ecological feature is represented in the Abrolhos Commonwealth Marine Reserve.
Perth Canyon and adjacent shelf break, and other west coast canyons – the Perth Canyon is the largest known undersea canyon in Australian waters. Deep ocean currents rise to the surface, creating a nutrient-rich cold-water habitat attracting feeding aggregations of deep-diving mammals, such as pygmy blue whales and large predatory fish that feed on aggregations of small fish, krill and squid. This key ecological feature is represented in the Perth Canyon Commonwealth Marine Reserve.
Commonwealth marine environment within and adjacent to the west coast inshore lagoons – these lagoons are important for benthic productivity, including seaweed (macroalgae) and seagrass communities, and breeding and nursery aggregations for many temperate and tropical marine species. They are important areas for the recruitment of commercially and recreationally important fish species. Extensive schools of migratory fish visit the area annually, including herring, garfish, tailor and Australian salmon. This key ecological feature is represented in the Two Rocks Commonwealth Marine Reserve.
Commonwealth marine environment within and adjacent to Geographe Bay – Geographe Bay is known for its extensive beds of tropical and temperate seagrass that support a diversity of species, many of them not found anywhere else. The bay provides important nursery habitat for many species. It is also an important migratory area for humpback whales. This key ecological feature is represented in the Geographe Bay Commonwealth Marine Reserve.
Cape Mentelle upwelling – the Cape Mentelle upwelling draws relatively nutrient-rich water from the base of the Leeuwin Current up the continental slope and onto the inner continental shelf, where it results in phytoplankton blooms at the surface. The phytoplankton blooms provide the basis for an extended food chain characterised by feeding aggregations of small pelagic fish, larger predatory fish, seabirds, dolphins and sharks. This key ecological feature is represented in the South-west Corner Commonwealth Marine Reserve.
Naturaliste Plateau – the Naturaliste Plateau is Australia’s deepest temperate marginal plateau. The combination of its structural complexity, mixed water dynamics and relative isolation indicate that it supports deep-water communities with high species diversity and endemism. This key ecological feature is represented in the South-west Corner Commonwealth Marine Reserve.
Diamantina Fracture Zone – the Diamantina Fracture Zone is a rugged, deep-water environment of seamounts and numerous closely spaced troughs and ridges. Very little is known about the ecology of this remote, deep-water feature, but marine experts suggest that its size and physical complexity mean that it is likely to support deep-water communities characterised by high species diversity, with many species likely to be found nowhere else. This key ecological feature is represented in the South-west Corner Commonwealth Marine Reserve.
Albany Canyon group and adjacent shelf break – the Albany Canyon group is thought to be associated with small, periodic subsurface upwelling events, which may drive localised regions of high productivity. The canyons are known to be a feeding area for sperm whale and sites of orange roughy aggregations. Anecdotal evidence also indicates that this area supports fish aggregations that attract large predatory fish and sharks. This key ecological feature is represented in the South-west Corner and Bremer Commonwealth Marine Reserves.
Commonwealth marine environment surrounding the Recherche Archipelago – the Recherche Archipelago is the most extensive area of reef in the South-west Marine Region. Its reef and seagrass habitat supports a high species diversity of warm temperate species, including 263 known species of fish, 347 known species of molluscs, 300 known species of sponges, and 242 known species of macroalgae. The islands also provide haul-out (resting areas) and breeding sites for Australian sea lions and New Zealand fur seals. This key ecological feature is represented in the South-west Corner and Eastern Recherche Commonwealth Marine Reserves.
Ancient coastline at 90–120 metres depth – benthic biodiversity and productivity occur where the ancient coastline forms a prominent escarpment, such as in the western Great Australian Bight, where the sea floor is dominated by sponge communities of significant diversity and structural complexity. This key ecological feature is represented in the Great Australian Bight, Western Eyre and the Western Kangaroo Island Commonwealth Marine Reserves.
Kangaroo Island Pool, canyons and adjacent shelf break, and Eyre Peninsula upwellings – the Kangaroo Island canyons are known for their seasonal upwellings of deep ocean waters that support aggregations of krill, small pelagic fish and squid, which in turn attract marine mammals (e.g. pygmy blue whales, sperm whales, dolphins and New Zealand fur seals), sharks, large predatory fish and seabirds. This key ecological feature is represented in the Western Eyre and the Western and Southern Kangaroo Island Commonwealth Marine Reserves.
Demersal slope and associated fish communities of the Central Western Province – the western demersal slope provides important habitat for demersal fish communities, with a high level of diversity and endemism. A diverse assemblage of demersal fish species below a depth of 400 metres is dominated by relatively small benthic species such as grenadiers, dogfish and cucumber fish. Unlike other slope fish communities in Australia, many of these species display unique physical adaptations to feed on the sea floor (such as a mouth position adapted to bottom feeding), and many do not appear to migrate vertically in their daily feeding habits. This key ecological feature is represented in the Abrolhos and Perth Canyon Commonwealth Marine Reserves.
Figure 2.3: Key ecological features represented in the South-west Commonwealth Marine Reserves Network
2.3.4 Sea-floor features
The landscape-scale physical structure of the sea-floor is important in determining where habitats or species occur. Large physical sea-floor structures (tens to hundreds of kilometres in scale) are referred to as geomorphic or sea-floor features and include, for example, sea-floor pinnacles, underwater seamounts, canyons and reefs. There is a lack of detailed and comprehensive information on the distribution of biodiversity mainly due to the vastness, remoteness and inaccessibility of the deep ocean environments. There is strong scientific evidence that different types of sea-floor features provide different habitats and are associated with different marine species and communities. For this reason, sea-floor features were used as one of the surrogates for biodiversity to design marine reserves networks.
The South-west Marine Reserves Network represents sixteen seafloor features (Figure 2.4).
Figure 2.4: Sea-floor features represented in the South-west Commonwealth Marine Reserves Network
2.3.5 Protected species and biologically important areas
The South-west Marine Reserves Network provides protection for a number of species listed as endangered or vulnerable under Commonwealth legislation or international agreements. These include the white shark, Australian sea lion, a number of cetacean species, the sooty tern and other seabirds. The network also contains areas important for species that are listed under:
the Convention on the Conservation of Migratory Species of Wild Animals 1979 (CMS or Bonn Convention)
the Agreement between the Government of Australia and the Government of Japan for the Protection of Migratory Birds in Danger of Extinction and their Environment 1974 (JAMBA)
the Agreement between the Government of Australia and the Government of the People’s Republic of China for the Protection of Migratory Birds and their Environment 1986 (CAMBA)
the Agreement between the Government of Australia and the Government of the Republic Of Korea on the Protection of Migratory Birds 2007 (ROKAMBA).
Biologically important areas are areas where aggregations of individuals of a protected species breed, forage, rest during migration and/or use as a migratory route. Biologically important areas highlight those parts of the Region that are particularly important for the protection and conservation of protected species. Information on the distribution and types of behaviours, such as foraging, breeding and migration, has been compiled for cetaceans, pinnipeds, seabirds and sharks. Biologically important areas intersecting the South-west Marine Reserves Network include:
Seasonal calving habitat for the threatened southern right whale in the Bremer, Eastern Recherche, Twilight, Great Australian Bight and Western and Southern Kangaroo Island Commonwealth marine reserves.
Foraging habitat for breeding colonies of the threatened Australian sea lion in a number of marine reserves including the Abrolhos, Jurien, Two Rocks, South-west Corner, Bremer, Twilight, Great Australian Bight, Western Eyre and Western and Southern Kangaroo Islands Commonwealth marine reserves.
Foraging habitat for the broad-ranging threatened white shark, blue whale, Indian yellow-nosed albatross and soft-plumaged petrel, and for several species of migratory seabirds. Biologically important areas for these species are represented in a number of marine reserves including the Jurien, Two Rocks, Geographe Bay, South-west Corner, Twilight, Murat and Western Eyre Commonwealth marine reserves.
Resting places for migrating humpback whales, areas where sperm whales and killer whales feed, and a migration route for threatened blue whales. Biologically important areas for these species are represented in a number of reserves including the Abrolhos, Jurien, Two Rocks, South-west Corner, Perth Canyon, and Western Eyre Commonwealth marine reserves.
More information on protected species and biologically important areas can be found in the Marine Bioregional Plan for the South-west Marine Region.
2.3.6 Other place-based protected values
The EPBC Act protects a range of values as matters of national environmental significance, including World Heritage, National Heritage, or wetlands of international importance. Places on the Commonwealth Heritage List or shipwrecks listed under the Historic Shipwrecks Act 1976 are also protected. The Historic Shipwreck Act protects shipwrecks and their associated relics that are older than 75 years. Shipwrecks and relics younger than 75 years are protected under the Navigation Act 2012.
At the time of writing this Plan, the South-west Marine Reserves Network included one protected place; one of the reserves, the Abrolhos Commonwealth Marine Reserve abuts the Shark Bay World Heritage Area (Table 2.1).
Table 2.1: Protected places and values in and adjacent to the South-west Commonwealth Marine Reserves Network
| Protected place | Values | Relevant Commonwealth Marine Reserve |
| Shark Bay World Heritage Area | World Heritage | Abrolhos Commonwealth Marine Reserve |
| The SS Cambewarra | Historic shipwreck | Jurien Commonwealth Marine Reserve |
2.3.7 Other values
Data on marine biodiversity is relatively scarce compared to terrestrial environments and the knowledge of the occurrence, distribution and ecology of species within the marine reserves of the South-west Network is coarse, with fine scale data and understanding of local conditions and assets limited to a few better studied areas. Many of the biodiversity values of the South-west Marine Reserves are yet to be identified and understood. Strategy 1 of this Plan sets out Actions and desired outcomes to ensure that the knowledge base necessary to underpin management in the long term improves over the life of the Plan.
While conservation values underpin much of the design of the South-west Marine Reserves Network, each of its marine reserves also contains a range of other values, including cultural, recreational and historical, that need to be better understood and documented. These intentions are articulated in Strategies 5 and 6 of this Plan.
2.4 Pressures on the conservation values of the South-west Commonwealth Marine Reserves Network
For the purpose of this Plan, pressures are defined broadly as human-driven processes, events and activities that may detrimentally affect the values of the South-west Marine Reserves Network. Pressures can be directly associated with human activities in the Region or related to the effects of climate change. Further information on pressures is available in the Marine Bioregional Plan for the South-west Marine Region.
Human pressures on marine ecosystems and biodiversity in the South-west Marine Region are, by global standards, moderate. This is partly due to the relatively low levels of marine resource use and coastal population pressure across the Region (exceptions being in proximity to the large urban centres), and partly due to Australia’s generally sound management of the marine environment. A number of pressures and sources of pressures nevertheless exist in the Region, which is next to Western Australia, one of the fastest growing economic regions in Australia:
extraction of living resources and by-catch, associated with commercial fishing, physical habitat modification and changes to hydrological regimes as a result of increasing industrial development in areas adjacent to the Region such as development of port infrastructure
increasing petroleum and mineral exploration and development
emergence of offshore renewable energy industries
increased shipping traffic with increases in noise and risk of collisions
climate change
Pressures related to the effects of climate change and associated large-scale effects on the marine environment are unpredictable and may include shifts in major currents, rising sea levels, ocean acidification, and changes in the variability and extremes of climatic features (e.g. sea temperature, winds, and storm frequency and intensity). There remains a high level of uncertainty about the effects that climate change related pressures will have on the conservation values protected by the South-west Commonwealth marine reserves.
This Management Plan is one of a suite of tools that contribute to the management of pressures on the South-west Commonwealth Marine Reserves Network and surrounding region. It operates alongside other Commonwealth and state programs to manage activities both within and in areas adjacent to the marine reserves network. Other agencies that have an important role in the management of pressures in the Region include maritime compliance agencies (e.g. Customs and Border Protection Service, Australian Maritime Safety Authority, National Offshore Petroleum Safety and Environmental Management Authority), fisheries management agencies at both the state and Commonwealth level (e.g. Australian Fisheries Management Authority) and research organisations (e.g. Commonwealth Scientific and Industrial Research Organisation, Geoscience Australia).
This Management Plan establishes a framework for assessing activities and managing pressures on the conservation values of the marine reserves network. This framework includes the use of:
zoning to reduce pressures across the network and to identify areas where activities can occur with management measures to reduce associated pressures (see Part 3)
management strategies directed at developing a better understanding of the effects of pressures on the conservation values and at avoidance and mitigation of impacts, incident response, compliance of marine reserve users with the provisions of the Plan and engaging marine users in collaborative management approaches (see Part 4)
prescriptions identifying the activities that are prohibited or require assessment for potential impacts, as part of the permitting or class approvals processes, before they can be undertaken in the marine reserves network (see Part 5)
determinations, prohibitions and restrictions made under the EPBC Regulations to regulate activities (see Part 5).
Part 3
IUCN Categories and Zoning of Network Reserves
Each of the 14 reserves in the South-west Commonwealth Marine Reserves Network is assigned to an IUCN category by this Management Plan. Each reserve, apart from the Twilight, Murat, and Southern Kangaroo Island Commonwealth Marine Reserves, is divided into two or more zones by the Plan. Each zone is also assigned to an IUCN category (see Sections 3.1–3.3 below).
As noted in Appendix B, the EPBC Act requires a Commonwealth reserve to be assigned to an IUCN category. The EPBC Act also allows a Management Plan to divide a reserve into zones and to assign the zones to an IUCN category (which may differ from the overall category of the reserve). Schedule 8 of the EPBC Regulations prescribes the Australian IUCN reserve management principles applicable to each IUCN category. The general administrative management principles, and the principles for each IUCN category relevant to the South-west Marine Reserves Network, are set out in Appendix B.
The categorisation and zoning scheme takes into account the purposes for which the reserves were declared, the objectives of this Plan (see Section 1.2), and the requirements of the EPBC Act and EPBC Regulations, including relevant reserve management principles, and the IUCN category definitions in the IUCN Guidelines for applying the IUCN Protected Area Management Categories to Marine Protected Areas. The IUCN categories and associated management principles for each category broadly determine how areas will be managed and which activities covered by the EPBC Act and Regulations can and cannot be conducted in them.
This Plan gives a ‘management zone name’ to each undivided reserve and each zone within the reserves that are divided into multiple zones. The management zone name reflects the objectives of the Plan and activities that can be carried out in each zone, consistent with the IUCN category and relevant management principles.
This Management Plan broadly applies the IUCN categories and management principles as described below.
Category II—National Park
- IUCN definition—large natural or near natural areas protecting large-scale ecological processes with characteristic species and ecosystems of the area, which also have environmentally and culturally compatible spiritual, scientific, educational, recreational and visitor opportunities.
- Key management principle—an area that should be protected and managed to conserve its natural condition. The detailed management principles are set out in Appendix B.
Category 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—an area managed primarily for conservation, through management intervention if necessary, to maintain habitats or species. The detailed management principles are set out in Appendix B.
Category VI—Managed Resource Protected Area
- IUCN definition— areas which conserve ecosystems, 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 primarily for biodiversity conservation, while allowing for ecologically sustainable use of natural resources. The detailed management principles are set out in Appendix B.
Table 3.1 sets out the IUCN categories assigned to the network reserves and the zones within reserves, and the relevant management zone name. Details of each marine reserve are given in Appendix A, including a map showing the location of zones, and a general description and major values of each marine reserve.
Management strategies that give effect to the objectives, zoning, IUCN categories and management principles are set out in Part 4. Prescriptions that apply to different zones are set out in Part 5.
Categories and zones
3.1 Each Commonwealth marine reserve in the South-west 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 Twilight, Murat, and Southern Kangaroo Island Commonwealth Marine Reserves are given the network management zone names specified in Column 3 of Table 3.1 adjacent to the name of the reserve.
3.3 Western Kangaroo Island, Western Eyre, Great Australian Bight, Eastern Recherche, South-west Corner, Bremer, Geographe, Perth Canyon, Two Rocks, Jurien and Abrolhos Commonwealth Marine Reserves are each divided into the zones described in Appendix A and shown in the map of the Reserve in Appendix A, and each zone is assigned to the IUCN category, and given the management zone name, specified in Column 3 of Table 3.1, adjacent to the name of the reserve.
Table 3.1: IUCN categories and management zone names in the South-west Commonwealth Marine Reserves Network
| 1. Reserve name | 2. IUCN category | 3. IUCN categories in each reserve and management zone name | ||
| IUCN II | IUCN IV | IUCN VI | ||
| Southern Kangaroo Island | VI | Special Purpose Zone | ||
| Western Kangaroo Island | VI | Marine National Park Zone | Special Purpose Zone | |
| Western Eyre | VI | Marine National Park Zone | Multiple Use Zone | |
| Special Purpose Zone | ||||
| Murat | II | Marine National Park Zone | ||
| Great Australian Bight | VI | Marine National Park Zone | Multiple Use Zone | |
| Special Purpose Zone | ||||
| Twilight | II | Marine National Park Zone | ||
| Eastern Recherche | II | Marine National Park Zone | Special Purpose Zone | |
| Bremer | VI | Marine National Park Zone | Multiple Use Zone | |
| Special Purpose Zone | ||||
| South-west Corner | II | Marine National Park Zone | Habitat Protection Zone | Multiple Use Zone |
| Special Purpose Zone (Oil and Gas Exclusion) | ||||
| Special Purpose Zone | ||||
| Geographe | VI | Marine National Park Zone | Multiple Use Zone | |
| Special Purpose Zone | ||||
| Perth Canyon | VI | Marine National Park Zone | Habitat Protection Zone | Multiple Use Zone |
| Two Rocks | VI | Marine National Park Zone | Multiple Use Zone | |
| Jurien | VI | Marine National Park Zone | Special Purpose Zone | |
| Abrolhos | VI | Marine National Park Zone | Habitat Protection Zone | Multiple Use Zone |
| Special Purpose Zone | ||||
Table 3.1 continued.
Part 4
Management Strategies
The IUCN categories and associated Australian IUCN reserve management principles (see Part 3) guide how the South-west Commonwealth Marine Reserves Network will be managed to achieve the objectives of this Plan (see Section 1.2). The principles also guide the application of provisions of the EPBC Act and Regulations relating to Commonwealth reserves, including whether actions and activities subject to those provisions can be carried out within reserve management zones.
Part 4 identifies the strategies and actions that, within the resources available to the Director of National Parks, will be used to achieve the objectives of this Plan, and effectively support the administration of prescriptions in Part 5. The strategies and actions are consistent with relevant National and Commonwealth Heritage management principles under the EPBC Act and take account of Australia’s obligations under relevant international agreements, including the World Heritage Convention and Ramsar Convention (see Section 2.3.6 – Other place-based protected values).
Part 5 sets out the prescriptions for specific activities in the network to ensure network management zones are managed consistently with the Australian IUCN reserve management principles. Prescriptions specify whether or not actions and activities subject to the EPBC Act and Regulations are allowed to occur, are allowable under a permit or class approval from the Director, or if they are prohibited in network management zones. Part 5 also sets out the rules for issuing and managing permits and class approvals.
The strategies and their associated actions provide a structured framework for achieving the objectives of this Plan. They collectively support protection of the conservation values of the marine reserves network while providing for sustainable use. The seven strategies for this Plan are as follows:
Improve knowledge and understanding of the conservation values of the Marine Reserves Network and of the pressures on those values
Minimise impacts of activities through effective assessment of proposals, decision-making and management of reserve-specific issues
Protect the conservation values of the Marine Reserves Network through management of environmental incidents.
Facilitate compliance with this Management Plan through education and enforcement
Promote community understanding of, and stakeholder participation in, the management of the Marine Reserves Network
Support involvement of Indigenous people in management of Commonwealth Marine Reserves
Evaluate and report on the effectiveness of this Plan through monitoring and review.
Specific guidance on the mechanisms that will be implemented to achieve each strategy is provided in the actions. This Plan provides for the development of supporting and further detailed policies, strategies and actions over the life of the Plan. These supporting documents will provide for location-specific reserve management and for engagement of users and other stakeholders as needed.
Strategy 1— Improve knowledge and understanding of the conservation values of the Marine Reserves Network and of the pressures on those values
Improving knowledge and understanding of the conservation values of the Marine Reserves Network and the pressures on those values will increase the capacity to meet the objectives of this Plan.
Between 2006 and 2012, the Australian Government undertook a comprehensive consolidation of the scientific basis underpinning environmental decisions relevant to the Commonwealth marine areas through the Marine Bioregional Planning Program. The South-west Marine Bioregional Plan (2012) identified and described the Region’s conservation values, the level of concern with respect to local and global pressures and key knowledge gaps in relation to the marine biodiversity and ecosystems of the South-west Marine Region. This information underpins the extent and design of the South-west Marine Reserves Network and provides the foundation for improving, at a finer scale, the knowledge of the ecological communities that inhabit each marine reserve and the way they connect to the surrounding environment.
Climate change and its implications will influence Australia’s temperate 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-west Marine Reserves Network, is the opportunity they offer for understanding and monitoring large-scale systemic shifts in ecosystem structures and functions. Establishing baseline data for marine reserves and setting up strategic scientific monitoring programs that build on past and current research and utilise Australia’s growing ocean observation capabilities are a key focus of this Management Plan.
Research and monitoring activities in the marine environment are expensive. Prioritising knowledge gaps, maximising the benefits and uptake of relevant research programs and facilitating partnerships with government agencies, research institutions and marine reserves users, are critical elements of the long-term strategy to build the knowledge base necessary for managing and evaluating Australia’s marine reserves estate.
Part 5.10 of this Plan sets out the prescriptions for authorising and permitting research and monitoring activities in the network.
Actions
The Director will:
A1 As part of a national-scale program for Commonwealth Marine Reserves, develop and implement a South-west Commonwealth Marine Reserves Network Research and Monitoring Strategy that contributes to increased understanding of the values of the reserves and provides for ongoing reporting of their condition.
A2 Develop and implement a framework for the long term scientific monitoring of changes in key conservation values protected by the Commonwealth marine reserves and on the pressures on those values.
A3 Adopt standards and protocols for managing biophysical and ecological data collected within Commonwealth marine reserves.
A4 Collaborate, including through developing partnerships, with national research facilities, science and academic institutions and, as appropriate, marine reserve users, to deliver on strategic information needs and to inform research programs and government and industry investment in marine research.
Outcomes
Understanding and knowledge of those conservation values identified as a priority for management, improve over the life of this Plan.
Understanding of the pressures affecting key conservation values, improves over the life of this Plan and management actions are adapted to take account of the latest available information.
Data arising from monitoring and research conducted within the South-west 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-west Commonwealth Marine Reserves Network is to protect and maintain biological diversity, while also allowing for the sustainable use of natural resources in some areas. This is reflected in the objectives of this Plan (see Part 1). As described in Part 2 of this Plan a range of activities are carried out within and around the marine reserves of the South-west network. Ensuring that these do not impact on the values of the reserves while also reducing unnecessary administrative burdens on marine reserve management resources and stakeholders, is a key focus of this Plan.
The Strategies in this Part of the Plan set out how the Director will work to deliver the objectives of the Plan. The prescriptions in Part 5 set out how activities of users of the network will be managed and provides that actions and activities that are otherwise prohibited in Commonwealth reserves by a provision of the EPBC Act or EPBC Regulations are:
allowed (and can be done without the need for a permit or class approval);
allowable (and can be done in accordance with a permit or class approval issued by the Director); or
prohibited (and cannot be authorised to be done).
Allowed activities under Part 5 of this Plan are those that are known to be likely to have minimal if any impact on the values of relevant network management zones, including if they are done in accordance with conditions prescribed in Part 5 and other applicable laws, and necessary limitations imposed by the Director in accordance with this Plan under the EPBC Regulations (these activities include recreational fishing and vessel transit).
Allowable activities will be authorised (where appropriate) by a permit or class approval issued by the Director under Section 5.2 of the Plan. Impacts of allowable activities require assessment before being authorised. A permit or class approval will not be issued if an activity is considered likely to have unacceptable impacts (that cannot be addressed through the conditions of a permit or approval). Allowable activities proposed to be undertaken by the Director should also be assessed before proceeding.
This Plan provides for activity assessment that avoids duplication in processes in relation to consideration of actions that relate to matters protected by Part 3 of the EPBC Act, to reduce unnecessary administrative burdens on marine reserve management resources and stakeholders. Actions that have, will have or are likely to have a significant impact on the environment in Commonwealth marine areas and other matters of national environmental significance (e.g. endangered species), or another matter protected by Part 3, are subject to the referral and assessment provisions of Chapter 4 of the EPBC Act. This Plan provides for certain activities (e.g. mining operations) to be approved if they have been considered and authorised under Chapter 4. The EPBC Act referral and assessment processes will also be used to inform decision-making by the Director in relation to approval of other allowable activities.
The impacts of some allowable activities may also be subject to assessment under other legislation and management frameworks. A separate assessment under this Plan may not be required if the Director is satisfied that the impacts of an activity have been adequately assessed under other laws and frameworks.
In carrying out an assessment and making a decision required under this Plan, the Director will assess and take into account likely impacts of the activity, alignment with the objectives of this Plan and consistency with the Australian IUCN reserve management principles applicable to the relevant network management zone.
Where Part 5 of this Plan provides that the Director may authorise an allowable activity, authorisation will generally be given by a permit applied for by the proponent and issued under Part 17 of the EPBC Regulations (see Section 5.2.2 of this Plan). Where provided for by Part 5, and considered appropriate having regard to the impacts of a type of activity, the Director may issue a class approval for the activity under Section 5.2.7 of this Plan as an alternative to the need for each person conducting the activity to apply for a permit.
Permits and class approvals (including those that Part 5 provides the Director will issue) will be issued subject to conditions that are considered necessary, including to ensure the activity is conducted in a manner to avoid or minimise impacts. Permits or approvals may be varied, suspended or cancelled where conditions have not been complied with or it is necessary to protect values or achieve the objectives of this Plan.
The Director may also make prohibitions, restrictions or determinations under the EPBC Regulations and in accordance with relevant prescriptions in Part 5 relating to certain activities where doing so is necessary to protect values or otherwise achieve the objectives of this Plan (see Sections 5.3 (General access and use), 5.5 (Commercial fishing) and 5.7 (Recreational fishing)).
A person whose interests are affected by a decision taken under this plan may seek review of the decision in accordance with the Administrative Decisions (Judicial Review) Act 1977. A person whose interests are affected by a decision about a permit under the EPBC Regulations may also seek review of the decision in accordance with the Regulations and this Plan extends the same review rights to decisions about class approvals.
Actions
The Director will:
A5 Establish in consultation with relevant stakeholders, efficient, effective and transparent processes for assessment, decision-making and authorisation of activities, and implement within the Marine Reserves Network.
Note: For example, the Director will consult with the commercial fishing industry and other relevant stakeholders to establish the process for assessment of fishing methods and gear types.
A6 When the interests of a person or group are likely to be affected by a decision under this Management Plan, the Director will:
a.as far as practicable consult them in a timely and appropriate way;
a.provide an opportunity to comment on the proposed decision and associated actions;
b.take any comments into account;
c.give reasonable notice before decisions are taken or implemented (except in cases of emergency); and
d.provide reasons for decisions.
A7 Comply with Division 14.3 of the EPBC Regulations in relation to reconsideration of decisions about permits.
A8 Reconsider a decision about a class approval when requested by a person whose interests are affected by the decision. A request for reconsideration must be made and considered in the same manner as provided by Divison14.3 of the EPBC Regulations. Subject to the Administrative Appeals Tribunal Act 1975, a person who has requested a reconsideration may apply to the Administrative Appeals Tribunal for review of the reconsideration.
A9 Consider further use of class approvals where there is a sound case for effectively assessing and efficiently approving users that carry out a class of activities in a uniform way.
A10 Identify reserve specific issues and develop, implement and evaluate management responses where appropriate.
Outcomes
Potential impacts of allowable activities on the conservation values of the Marine Reserves Network are identified and avoided or mitigated by appropriate assessment and authorisation processes.
Authorisation processes are streamlined to improve efficiency and effectiveness, and avoid duplication.
Strategy 3— Protect the conservation values of the Marine Reserves Network through management of environmental incidents
The objectives of 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 on the conservation values of the network. For example, incidents such as the introduction of marine pests, oil and chemical spills, foundering vessels, lost cargo and ghost nets can occur with little or no warning. Because of this, it is important to be aware of any environmental incident as soon as possible so that any impact to the conservation values can be minimised. The establishment of systems that encourage users of the marine reserves network to report environmental incidents is required for the effective management of such incidents. Collaboration with government agencies, industry stakeholders and other relevant organisations that possess the capability and expertise to 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, businesses and organisations that use the marine reserves network are required to comply with this Plan.
A well-developed education and risk-based enforcement program tailored to people and industries that use marine reserves is critical for effectively managing marine reserves. As a priority, relevant information about the conservation values of the South-west Marine Reserves Network and the zoning and prescriptions will be produced to support the needs of marine reserve users. Voluntary compliance with this Plan will be promoted by increasing users’ understanding of the conservation values of the network and the objectives of the South-west Marine Reserves Network. Compliance measures may need to evolve to ensure that the conservation values are protected and that there are no unnecessary imposts on users of the network.
Effective enforcement is supported through risk-based planning, incorporating targeted monitoring and surveillance (e.g. aerial and vessel based), and the collection of intelligence from other sources. In this regard, strong links with Commonwealth and state enforcement agencies to share information and cooperate in joint enforcement activities are important. For example, the Director has agreements with the Australian Customs and Border Protection Service for the provision of surveillance services in marine reserves and with the Australian Fisheries Management Authority for fishing vessel monitoring.
Wardens are appointed under the EPBC Act to enforce compliance with the EPBC Act and Regulations. All Australian Federal Police and Australian Customs officers are wardens for the purposes of the EPBC Act. Officers of other Commonwealth agencies and of Western Australian and South Australian government agencies may also be appointed as wardens in relation to the South-west Marine Reserves Network.
The EPBC Act sets out civil and criminal penalties for breaches, and the EPBC Regulations set out criminal penalties. Administrative remedies, such as the issuing of infringement notices, may also be used in appropriate circumstances.
Actions
The Director will:
A15 Implement reliable methods for monitoring compliance with this Plan.
A16 Develop, maintain and disseminate appropriate information to assist users of the marine reserves network to comply with the provisions of this Management Plan.
A17 Consult with users of the Network to identify opportunities to improve the effectiveness and efficiency of compliance measures.
A18 Implement a risk-based annual compliance plan.
A19 Establish a reporting system that supports users and visitors of the Marine Reserves Network to report suspected non-compliant activity.
A20 Build effective working partnerships and agreements with Commonwealth and state government agencies for the delivery of compliance services.
A21 Investigate and monitor suspected non-compliant activity and, where appropriate, take enforcement action.
A22 Support initiatives and programs which promote best practice standards that guide use, and minimise impacts on the marine environment
Outcomes
Marine reserves network users have a clear understanding of what is required to comply with this Plan.
Marine reserves network users contribute to the management of the network through the reporting of suspected non-compliant activity.
Activities within the marine reserves network are undertaken in a manner that is consistent with the management arrangements as specified in this Plan.
Strategy 5— Promote community understanding of, and stakeholder participation in, the management of the Marine Reserves Network
Commonwealth marine reserves protect and maintain Australia’s unique marine biodiversity. They are an important part of the overall management arrangements for ensuring our oceans and the life they support are healthy, resilient and used sustainably. It is important that the Australian community understands the importance of the marine reserves network and why it has been established. Marine reserve users can significantly contribute to management of the marine reserves network through sharing their knowledge and understanding of the marine environment and how people use it. Stakeholder participation is an important element of network management. To facilitate this participation it is intended that consultative structures will be established to engage users in the management of the South-west Marine Reserves Network. The Director will use these consultative structures to address conservation issues and other issues of interest to reserve users and the wider public.
Actions
The Director will:
A23 Develop and implement a communication and education plan that increases community understanding of the importance of the marine reserves network and meets reserve-specific needs for communication about the values protected and management arrangements and requirements.
A24 Maintain effective working relationships with user groups to facilitate the exchange of knowledge, understanding and participation in the management of the marine reserves network.
A25 Within the first 12 months of the Plan’s operation, establish consultative structures (e.g. committees) to guide and participate in the management of the marine reserves network.
Outcomes
Stakeholders and the community understand the importance of the marine reserves network, the values it protects and management arrangements.
Stakeholders effectively participate in the management of the marine reserves network.
Strategy 6— Support involvement of Indigenous people in management of Commonwealth Marine Reserves
The Indigenous peoples of the South-west coast have been sustainably using and managing their sea country, including areas now included within Commonwealth marine reserves, for thousands of years – in some cases since before rising sea levels created these marine environments. They continue to rely on coastal and marine environments and resources for cultural identity, health and wellbeing, and economic activities. The saltwater people of the South-west belong to discrete clan estates and language groups that occupy, or traditionally occupied, discrete areas or country. ‘Country’ refers to a place of origin – literally, culturally or spiritually and ‘sea country’ and/or ‘saltwater country’ are terms that refer to an estate or cultural domain in which no separation between land and sea is made.
The Australian Government recognises and respects the knowledge Indigenous people have in managing Australia's land, fresh water and sea, and in conserving biodiversity. It recognises Indigenous Australians as key partners in managing Australia's environment and cultural heritage.
Native Title is a term that refers to the recognition in Australian law that some Indigenous people continue to hold rights to their lands and waters that come from their traditional laws and customs. The Native Title Act 1993 provides for the recognition of native title on land and in the sea. Section 8 of the EPBC Act provides that the Act does not affect the operation of the Native Title Act.
Indigenous people can contribute to the management of marine reserves networks through sharing 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-west Commonwealth marine reserves
A27 Identify, and where feasible support, opportunities for Indigenous people to engage in the management of sea country in Commonwealth marine reserves, for example through the delivery of critical management services, such as monitoring surveillance, compliance and research.
Figure A15: Abrolhos Commonwealth Marine Reserve
Appendix B
Legislative framework for the Reserves Network
The reserves of the South-west Commonwealth Marine Reserves Network are established under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The Act and the Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations) under the Act provide the legal basis and framework for management of the network reserves. Other laws referred to in this Appendix may also be relevant to activities in the reserves. A number of international agreements relevant to management of the reserves are also described.
EPBC Act
Director of National Parks
The Director of National Parks is a corporation under the EPBC Act (s.514A) and a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997. The corporation is controlled by the person appointed by the Governor-General to the office that is called the Director (s.514F of the EPBC Act).
The functions of the Director (s.514B) include the administration, management and control of Commonwealth reserves established under the Act. The Director generally has power to do all things necessary or convenient for performing the Director’s functions (s.514C). The Director has a number of specified powers under the EPBC Act and EPBC Regulations, including to prohibit or control some activities, and to issue permits for activities that are otherwise prohibited. The Director performs functions and exercises powers in accordance with this Plan.
IUCN categories and management principles
The International Union for the Conservation of Nature (IUCN) sets out guidelines for categorising protected areas, which Australia and many other countries have adopted as a national standard. The EPBC Act requires Commonwealth reserves, and any zones into which a reserve is divided, to be assigned to one of the seven IUCN categories prescribed by the EPBC Regulations (r.10.03H), which correspond to the protected area management categories identified by the IUCN:
strict nature reserve
wilderness area
national park
natural monument
habitat/species management area
protected landscape/seascape
managed resource protected area.
Reserve management must be consistent with the relevant Australian IUCN reserve management principles prescribed for each category by Schedule 8 to the EPBC Regulations and described below.
General administrative principles
Part 1 of Schedule 8 sets out general administrative principles applicable to all Commonwealth reserves. 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 on 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 represented in the South-west Commonwealth Marine Reserves Network
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.
National Park (IUCN Category II)
The reserve or zone should be protected and managed to preserve its natural condition according to the following principles:
1.1 Natural and scenic areas of national and international significance should be protected for spiritual, scientific, educational, and recreational or tourist purposes.
1.2 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.
1.3 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.
1.4 Management should seek to ensure that exploitation or occupation inconsistent with these principles does not occur.
1.5 Respect should be maintained for the ecological, geomorphologic, sacred and aesthetic attributes for which the reserve or zone was assigned to this category.
1.6 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.
1.7 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:
2.1 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.
2.2 Scientific research and environmental monitoring that contribute to reserve management should be facilitated as primary activities associated with sustainable resource management.
2.3 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.
2.4 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.
2.5 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:
3.1 The biological diversity and other natural values of the reserve or zone should be protected and maintained in the long term.
3.2 Management practices should be applied to ensure ecologically sustainable use of the reserve or zone.
3.3 Management of the reserve or zone should contribute to regional and national development to the extent that this is consistent with these principles.
Management plans
The EPBC Act requires the Director to prepare a management plan for the reserves. When prepared, a plan is given to the Minister administering the EPBC Act for approval. A management plan is a ‘legislative instrument’ for the purposes of the Legislative Instruments Act 2003 and must be registered under that Act. Following registration, the plan is tabled in each House of the Commonwealth Parliament and may be disallowed by either House on a motion moved within 15 sitting days of the House after tabling.
A management plan for a Commonwealth reserve has effect for ten years, subject to being revoked or amended earlier by another management plan for the reserve. The Director must give effect to a management plan in operation for a Commonwealth reserve. The Commonwealth and Commonwealth agencies must also not perform functions or exercise powers in relation to the reserve inconsistently with the Plan (s.362).
Under the EPBC Act (s.367) a management plan for a Commonwealth reserve must provide for the protection and conservation of the reserve and, so far as relevant to the reserves, must:
assign the reserve to an IUCN category
state how the reserve, or each zone of the reserve, is to be managed
state how the natural features of the reserve, or of each zone of the reserve, are to be protected and conserved
specify any limitation or prohibition on the exercise of a power, or performance of a function, under the EPBC Act in or in relation to the reserve
specify any mining operation, major excavation or other works that may be carried out in the reserve, and the conditions under which it may be carried out
specify any other operation or activity that may be carried out in the reserve
indicate generally the activities that are to be prohibited or regulated in the reserve, and the means of prohibiting or regulating them.
A management plan must also:
indicate how the plan takes account of Australia’s obligations under each agreement with one or more other countries that is relevant to the reserve (including the World Heritage Convention and the Ramsar Convention, if appropriate);
if the reserve includes a National Heritage area
- not be inconsistent with the National Heritage management principles
- address the matters prescribed by regulations made for the purposes of paragraph 324S(4)(a); and
if the reserve includes a Commonwealth Heritage area
- not be inconsistent with the Commonwealth Heritage management principles
- address the matters prescribed by regulations made for the purposes of paragraph 341S(4)(a).
A management plan may:
divide a reserve into one or more zones, and must assign each zone to an IUCN category; and
cover more than one Commonwealth reserve (s.367(5)), as is the case with the South-west Commonwealth Marine Reserves Network management plan.
In preparing a management plan the EPBC Act (s.368) requires account to be taken of various matters. In relation to the network reserves these matters include:
the regulation of the use of the reserve for the purpose for which it was declared;
the protection of the special features of the reserve, including objects and sites of biological, historical, palaeontological, archaeological, geological and geographical interest;
the protection, conservation and management of biodiversity and heritage within the reserve;
the protection of the reserve against damage; and
Australia’s obligations under agreements between Australia and one or more other countries relevant to the protection and conservation of biodiversity and heritage.
Control of actions in Commonwealth reserves
The EPBC Act (ss.354 and 354A) prohibits certain actions being taken in Commonwealth reserves except in accordance with a management plan. These actions are:
kill, injure, take trade, keep or move a member of a native species; or
damage heritage; or
carry out an excavation; or
erect a building or other structure; or
carry out works; or
take an action for commercial purposes.
The EPBC Act (ss.355 and 355A) also prohibits mining operations being taken in Commonwealth reserves except in accordance with a management plan.
Section 358 allows the Director to grant a lease or a licence relating to land or sea-bed in a Commonwealth reserve in accordance with a management plan.
The EPBC Regulations control, or allow the Director to control, a range of activities in Commonwealth reserves. Activities that are prohibited under the EPBC Regulations (Division 12.2) may be carried out if an exemption applies (r.12.06); for example, where an activity is authorised by a permit issued by the Director, or where a management plan that is in force for a Commonwealth reserve allows for the activity. The EPBC Regulations do not apply to the Director or to wardens or rangers appointed under the EPBC Act who are carrying on their duties.
Actions that may require additional approval under the EPBC Act
Environmental Impact Assessment
Actions that are likely to have a significant impact on ‘matters of national environmental significance’ are subject to the referral, assessment and approval provisions of Chapters 2 to 4 of the EPBC Act (irrespective of where the action is taken).
At the time of preparing this Plan, the matters of national environmental significance identified in the EPBC Act are:
World Heritage listed properties
National Heritage listed places
Ramsar wetlands of international importance
nationally-listed threatened species and ecological communities
listed migratory species
nuclear actions (including uranium mining).
Commonwealth marine areas
Great Barrier Reef Marine Park
The referral, assessment and approval provisions also apply to actions on Commonwealth land that are likely to have a significant impact on the environment and to actions taken outside Commonwealth land that are likely to have a significant impact on the environment on Commonwealth land.
Responsibility for compliance with the assessment and approvals provisions of the EPBC Act lies with persons taking relevant ‘controlled’ actions. A person proposing to take an action that the person thinks may be or is a controlled action should refer the proposal to the Minister for the Minister’s decision whether or not the action is a controlled action. The Director of National Parks may also refer proposed actions to the Minister.
Wildlife Protection
Part 13 of the EPBC Act contains provisions that prohibit and regulate actions in relation to listed threatened species and ecological communities, listed migratory species, listed marine species in Commonwealth areas and to cetaceans (whales and dolphins) in the Australian Whale Sanctuary (encompassing all Commonwealth waters) established by the Act.
All whales, dolphins and porpoises are protected under the EPBC Act through the establishment of the Australian Whale Sanctuary, which includes all Commonwealth waters. Within the Australian Whale Sanctuary it is an offence to kill, injure or interfere with cetaceans. They are also protected in State and Territory waters.
Migratory species listed under the EPBC Act are species listed under international agreements (to which Australia is a signatory) as species whose protection requires, or would significantly benefit from, international cooperation. These international agreements are discussed in more detail in Appendix B.
Marine species listed under the EPBC Act are species occurring naturally in the Commonwealth marine area that the Australian Government recognises require protection to ensure their long-term conservation. Species listed as marine species are identified in Section 3.3 of the Act.
In relation to threatened species and communities, the EPBC Act also provides for the identification and listing of key threatening processes and the preparation of threat abatement plans and species recovery plans.
Actions taken in accordance with a Commonwealth reserve management plan that is in operation are exempt from prohibitions in Part 13 of the Act.
Access to biological resources
Access to biological resources in Commonwealth areas is regulated under the EPBC Regulations Part 8A and a permit from the Minister is required. Access to biological resources is defined in the EPBC Regulations and broadly means the taking of biological resources of native species for research and development on any genetic resources, or biochemical compounds, comprising or contained in the biological resources. Biological resources are defined by the EPBC Act as genetic resources, organisms, parts of organisms, populations and any other biotic component of an ecosystem with actual or potential use or value for humanity. Genetic resources are defined by the EPBC Act as any material of plant, animal, microbial or other origin that contains functional units of heredity, and that has actual or potential value for humanity.
Heritage Protection
The EPBC Act heritage protection provisions (ss.324A to 324ZC and ss.341A to 341ZH) relevantly provide:
for the establishment and maintenance of a National Heritage List and a Commonwealth Heritage List, criteria and values for inclusion of places in either list and heritage management principles for places that are included in the two lists;
that Commonwealth agencies must not take an action that is likely to have an adverse impact on the heritage values of a place included in either list unless there is no feasible and prudent alternative to taking the action and all measures that can reasonably be taken to mitigate the impact of the action on those values are taken; and
that Commonwealth agencies that own or control places must:
- prepare a written heritage strategy for managing those places to protect and conserve their Commonwealth Heritage values. The strategy must address any matters required by the EPBC Regulations, and not be inconsistent with the Commonwealth Heritage management principles; and
- identify Commonwealth Heritage values for each place, and produce a register that sets out the Commonwealth Heritage values (if any) for each place (and do so within the timeframe set out in the place’s heritage strategy).
The prescriptions within this Plan are consistent with the Commonwealth Heritage and National Heritage management principles and other relevant obligations under the EPBC Act for protecting and conserving the heritage values for which the Reserve has been listed on the National Heritage List.
EPBC Act and Indigenous traditional rights and native title rights
Native title rights may exist in offshore waters within Australia's jurisdiction. Native title determinations need not have been made in order for native title rights to exist.
The EPBC Act does not affect the operation of the Native Title Act 1993 and s211 in particular, which in certain circumstances allows native title holders to hunt (and undertake other activities) in the exercise of native title rights without a permit or licence (s.8 EPBC Act).Prohibitions and other provisions of the EPBC Act and EPBC Regulations dealing with activities in Commonwealth reserves do not prevent Indigenous people from continuing their traditional use of an area in a reserve for hunting or gathering (except for purposes of sale), or for ceremonial and religious purposes, in accordance with the EPBC Act s.359A.
Penalties
Civil and criminal penalties may be imposed for breaches of the EPBC Act and criminal penalties may be imposed for breaches of the EPBC Regulations.
Other relevant laws
Historic Shipwrecks Act 1976
The Historic Shipwrecks Act 1976 protects historic wrecks and associated relics, which generally are more than 75 years old and in Commonwealth waters, extending from below the low water mark to the edge of the continental shelf. The Minister can also make a declaration to protect any historically significant wrecks or articles and relics that are less than 75 years old.
The Act aims to ensure that historic shipwrecks are protected for their heritage values and maintained for recreational, scientific and educational purposes. It also seeks to control actions that may result in damage, interference, removal or destruction of an historic shipwreck or associated relic. Divers can use wreck sites for recreational purposes, but relics must not be removed from the wreck site and the physical fabric of the wreck must not be disturbed, unless a permit has been obtained.
Some historic shipwrecks lie within protected or no-entry zones. These zones may cover an area up to a radius of 800 metres around a wreck site, and may be declared where circumstances place it at particular risk of interference. Permits are required to transit or enter a protected zone for activities such as diving, fishing or commemorative ceremonies. Permits are also required to undertake any activities otherwise prohibited or restricted by the Act.
Environment Protection (Sea Dumping) Act 1981
Australia regulates the loading and dumping of waste at sea under the Environment Protection (Sea Dumping) Act 1981 (the Sea Dumping Act). This Act also fulfils Australia's international obligations under the London Protocol to prevent marine pollution by controlling dumping of wastes and other matter.
Under the Sea Dumping Act, the Commonwealth aims to minimise pollution threats by:
prohibiting ocean disposal of waste considered too harmful to be released in the marine environment; and
regulating permitted waste disposal to ensure environmental impacts are minimised.
The Sea Dumping Act applies to all vessels, aircraft and platforms in Australian waters and to all Australian vessels and aircrafts in any part of the sea.
Permits are required for all sea dumping operations. Permits are most commonly issued for dredging operations and the creation of artificial reefs. Permits have also been issued for the dumping of vessels, platforms or other man-made structures, and for burials at sea.
Offshore Petroleum and Greenhouse Gas Storage Act 2006
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 establishes the regulatory framework for offshore exploration and production of petroleum, and greenhouse gas storage activities, beyond the 3 nautical mile limit of the coastal waters of the States and the Northern Territory. Management of these activities within coastal waters is the responsibility of the relevant State or the Northern Territory.
Offshore Minerals Act 1994
The Offshore Minerals Act 1994 establishes the regulatory framework for offshore exploration and recovery of minerals beyond the 3 nautical mile limit of the coastal waters of the States and the Northern Territory. Management of these activities within coastal waters is the responsibility of the relevant State or the Northern Territory.
International agreements
This Management Plan takes into account Australia’s obligations under international agreements that are relevant to the South-west Marine Reserves Network.
United Nations Convention on the Law of the Sea (UNCLOS)
The convention, which was agreed in 1982 and came into force for Australia in 1994, provides a framework to regulate many aspects of the uses of the sea and conservation of the marine environment. It governs all aspects of ocean space, such as delimitation, environmental control, marine scientific research, economic and commercial activities, transfer of technology and the settlement of disputes relating to ocean matters. UNCLOS includes the right of innocent passage of foreign ships through the territorial sea, and of freedom of navigation through Australia’s exclusive economic zone (EEZ).
UNCLOS requires foreign ships in territorial seas to comply with the relevant country’s laws relating to certain matters, including conservation of the living resources of the sea; prevention of infringement of the fisheries laws; preservation of the environment and the prevention, reduction and control of pollution of the environment; and marine scientific research and hydrographical surveys.
Within Australia’s EEZ, foreign ships have rights closely associated with their rights on the high seas, including the freedom of navigation.
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 2012. It is the basis for Australian and state government regulation of pollution from all ships, including fishing vessels, in Australian waters. The International Maritime Organisation, a specialised agency of the United Nations, administers this convention and related conventions.
The Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, London 1972 (the London Convention 1972) and 1996 Protocol
Australia is a signatory to the London Convention 1972, the objective of which is to control all sources of marine pollution and prevent pollution through the regulation of waste dumping into the sea. In Australia, the deliberate loading, dumping and incineration of waste at sea is regulated by the Environment Protection (Sea Dumping) Act 1981.
UN Declaration on the Rights of Indigenous Peoples
On 3 April 2009 the Australian Government announced its support for the UN Declaration on the Rights of Indigenous Peoples. Although the Declaration is non-binding and does not affect existing Australian law, it does set important international principles for nations to aspire to, and many of its provisions are grounded in the core human rights treaties to which Australia is a party.
Convention on Biological Diversity (CBD)
Australia is a signatory to the CBD, which requires parties to pursue the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of the benefits arising out of the utilisation of genetic resources. Article 8 of the convention identifies that parties should ‘establish a system of protected areas or areas where special measures need to be taken to conserve biodiversity’. The establishment and management of the South-west Marine Reserves Network assists Australia in meeting its obligations under the CBD.
In 2010, the Conference of Parties to the Convention on Biological Diversity adopted a ‘Strategic Plan for Biodiversity’. It includes the following target relevant to protected areas:
Target 11
By 2020, at least 17 per cent of terrestrial and inland water, and 10 per cent of coastal and marine areas, especially areas of particular importance for biodiversity and ecosystem services, are conserved through effectively and equitably managed, ecologically representative and well connected systems of protected areas and other effective area-based conservation measures, and integrated into the wider landscapes and seascapes.
The strategic plan complements, but does not replace, the commitment to establish representative networks of marine protected areas by 2012, made at the 2002 World Summit on Sustainable Development. The strategic plan commitment acknowledges the unfortunately slow progress towards the 2012 target. The Australian Government has met and exceeded this target.
World Heritage Convention
Australia is a party to the World Heritage Convention, which aims to promote cooperation among nations to protect heritage that is of such outstanding universal value that its conservation is important for current and future generations. The operational guidelines for implementing the World Heritage Convention include requirements that each World Heritage area should have a Management Plan and should have adequate long-term legislative protection.
Convention on the Conservation of Migratory Species of Wild Animals (CMS or Bonn Convention)
As a party to the Bonn Convention, Australia has agreed to protect migratory species and to negotiate and implement agreements for the conservation and management of migratory species with other range states, including cooperation and support of research relating to migratory species:
The agreement between the Government of Australia and the Government of Japan for the Protection of Migratory Birds in Danger of Extinction and their Environment 1974 (JAMBA).
The agreement between the Government of Australia and the Government of the People’s Republic of China for the Protection of Migratory Birds in Danger of Extinction and their Environment 1986 (CAMBA).
The agreement between the Government of Australia and the Government of the Republic of Korea for the Protection of Migratory Birds 2007 (ROKAMBA).
International Convention for the Regulation of Whaling
Australia has obligations as a member of the International Whaling Commission and as a signatory to the International Convention for the Regulation of Whaling. Some of these obligations include providing for the conservation of whale species through the complete protection of certain species and designation of whale sanctuaries, and through promoting relevant research. All Commonwealth waters are assigned as the Australian Whale Sanctuary.
Agreement on the Conservation of Albatrosses and Petrels (ACAP)
This agreement provides for parties to conserve highly migratory and threatened seabirds over their normal range by protecting critical habitat, controlling non-native species detrimental to albatrosses and petrels, introducing measures to reduce the incidental catch of seabirds in fisheries, and supporting research into the effective conservation of albatrosses and petrels.
Glossary
| Australian Fisheries Management Authority (AFMA) | Australian Government agency responsible for the management and sustainable use of Commonwealth fish resources on behalf of the Australian community. |
| Australian Government | The Government of the Commonwealth of Australia. |
| biodiversity | According to the EPBC Act, the variability among living organisms from all sources (including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part) and includes: (a) diversity within species and between species; and (b) diversity of ecosystems. |
| bioregion | A large area that has similar types of plants, animals and ocean conditions compared with other similarly sized areas, and, in this document, those bioregions as defined in the Integrated Marine and Coastal Regionalisation of Australia Version 4.0. |
| Commonwealth area | Has the meaning given by s.525 of the EPBC Act. |
| Commonwealth reserve | A reserve established and managed under Division 4 of Part 15 of the EPBC Act. |
| controlled action | Has the meaning given by s.67 of the EPBC Act. |
| department | The Australian Government Department of Sustainability, Environment, Water, Population and Communities (DSEWPaC), including any agency that succeeds to the functions of the department. |
| Director | The Director of National Parks under s.514A of the EPBC Act, and includes any person to whom the Director has delegated powers and functions under the EPBC Act in relation to the South-west Commonwealth Marine Reserves Network. |
| endemic/endemism | Native to or confined to a certain region. |
| Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) | The Australian Government's key environmental Act, which came into effect on 16 July 2000, and includes any Act amending, repealing or replacing the Act. |
| Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations) | The Australian Government's key environmental regulations, which came into effect on 16 July 2000, and includes any Regulations amending, repealing or replacing the Regulations. |
| gazette | The Commonwealth of Australia Gazette. |
| Integrated Marine and Coastal Regionalisation of Australia (IMCRA or IMCRA v4.0) | A spatial framework for classifying Australia's marine environment into bioregions that form the basis for the development of a National Representative System of Marine Protected Areas. |
| International Union for the Conservation of Nature (IUCN) | A democratic membership union with more than 1000 government and non-government organisation member organisations, and almost 11 000 volunteer scientists in more than 160 countries that brings governments, non-government organisations, United Nations agencies, companies and local communities together to develop and implement policy, laws and best-practice environmental management and sustainable development. |
| management plan (or Plan) | This Management Plan unless otherwise stated. |
| management principles | The Australian IUCN reserve management principles set out in Schedule 8 of the EPBC Regulations. |
| mining operations | Mining operations as defined by s.355 (2) of the EPBC Act. |
| Minister | The minister administering the EPBC Act. |
| National Representative System of Marine Protected Areas (NRSMPA) | A comprehensive, adequate and representative system of marine protected areas that contribute to the long-term ecological viability of marine and estuarine systems, maintain ecological processes and systems, and protect Australia's biological diversity at all levels. |
| proclamation | A proclamation by the Governor-General that is registered on the Federal Register of Legislative Instruments. |
| sea-floor | also, seabed. |
| South-west Commonwealth Marine Reserves Network (South-west Marine Reserves Network or the marine reserves network) | Fourteen Commonwealth marine reserves managed as a network. |
| stowed and secured | All fishing equipment, including nets and lines, are not in contact with the water, are onboard the nominated vessel, and lines are unrigged, unless otherwise determined by the Director. |
| transit | The en route passage of a vessel through a reserve, whereby the transit is in a straight direction as fast as reasonably practical and the vessel does not stop for any reason other than in response to an emergency or to undertake an activity authorised by or under this Plan. |
| unrigged | All tackle must be removed, leaving only a bare line on the reel. |
Supporting Information
ANZECC (Australian and New Zealand Environment and Conservation Council) (1998), Guidelines for establishing the National Representative System of Marine Protected Areas, ANZECC Task Force on Marine Protected Areas, Canberra.
ANZECC (Australian and New Zealand Environment and Conservation Council) (1999), Strategic plan of action for the National Representative System of Marine Protected Areas: a guide for action for Australian Governments, ANZECC Task Force on Marine Protected Areas, Canberra.
Commonwealth of Australia (1999), Environment Protection and Biodiversity Conservation Act 1999, Environment Australia, Canberra.
Commonwealth of Australia (2000), Environment Protection and Biodiversity Conservation Regulations 2000, Environment Australia, Canberra.
Commonwealth of Australia (2012), Marine Bioregional Plan for the South-west Marine Region, Department of Sustainability, Environment, Water, Population and Communities, Canberra.
Commonwealth of Australia (2007), The South-west Marine Bioregional Plan: Bioregional Profile, Department of Sustainability, Environment, Water, Population and Communities, Canberra.
Day J., Dudley N., Hockings M., Holmes G., Laffoley D., Stolton S. & S. Wells (2012), Guidelines for applying the IUCN Protected Area Management Categories to Marine Protected Areas. Gland, Switzerland: IUCN. 36pp.
Interim Marine and Coastal Regionalisation for Australia Technical Group (2006), A guide to the integrated marine and coastal regionalisation of Australia, IMCRA version 4.0, Environment Australia, Canberra.
Acknowledgments
Thanks are due to the many industry representatives and operators, members of non-government organisations and community groups, scientists and researchers, government officers from federal, state, territory and local government agencies, who worked constructively and often passionately alongside us to ensure their knowledge, issues, concerns and support was heard and considered.
Thanks also to members of the public who care about our oceans and their future and took the time to make their views and concerns known by participating in the various consultation processes over the last few years and sharing their views.
This plan could not have been produced without an extraordinary effort from many talented and professional departmental staff who worked for extended periods preparing plans and an array of supporting documents, running extensive consultation processes with a diversity of marine users and other stakeholders across the country, and then processing literally hundreds of thousands of public submissions received in response to invitations to comment so that this plan represents and reflects a robust and balanced approach to protecting the conservation values of these reserves and managing activities that are compatible with this objective.
[1]
[2] Provincial bioregions are identified in the Integrated Marine and Coastal Regionalisation of Australia version 4.0. There are 41 provincial bioregions around Australia.
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