Approval of the Temperate East Commonwealth Marine Reserves Network Management Plan 2014-2024 (Cth)
COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
APPROVAL OF THE TEMPERATE EAST 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 Temperate East 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
TEMPERATE EAST COMMONWEALTH MARINE RESERVES NETWORK MANAGEMENT PLAN 2014–24
© Director of National Parks 2013
This document may be cited as:
Director of National Parks 2013, Temperate East Commonwealth Marine Reserves Network Management Plan 2014–24, Director of National Parks, Canberra.
ISBN: 978-1-921733-72-7
This draft 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
Temperate East Commonwealth Marine Reserves Network
GPO Box 787
Canberra ACT 2601
Foreword
The Proclamation of the Temperate East Commonwealth Marine Reserves Network (the Temperate East network) was a huge and historic step forward for conservation. Its eight Commonwealth Marine Reserves cover approximately 383 352 km2 and include a diverse range of Australia’s tropical and sub-tropical marine environments supporting important ecosystems and species of international 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 Temperate East network plays a central role in ecosystem-based management of the marine environment, providing for ecologically sustainable use as well as the protection of many species that face serious threats to their survival in other areas of the world. Several endangered or vulnerable species including the critically-endangered east coast population of grey nurse shark and the vulnerable white shark can be found within the Temperate East network. Scientists have recently discovered that several significant seamount ridges in the region support hundreds of species, including some previously unknown to science. The network also includes important offshore reef habitats that support the threatened black cod; the southernmost extent of many reef-building coral species; as well as important breeding, foraging and feeding areas for several species of seabird including the little tern.
The Temperate East Commonwealth Marine Reserves Network Management Plan (the Plan) is the primary tool for the conservation and management of the Temperate East network. It sets out the approach to and direction of management activities for the next 10 years. It is designed to provide certainty to users of the marine reserves by giving effect to decisions on zoning and allowable activities that were made at the time of proclaiming the marine reserves following an extensive consultation and planning process. It also provides flexibility to adapt and apply best management practices over time. Many of the strategies and actions will need significant engagement with and support from marine users and the wider community to ensure the Plan’s objectives are met.
Australia has been working towards a representative system of marine reserves for more than a decade. It is exciting to look forward to the future of our marine environment, knowing that we have taken an enormous step towards ensuring its long-term protection and sustainability.
This Plan is the first management plan for the Temperate East 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 New South Wales and Queensland Governments, the Indigenous communities of the Temperate East, marine reserve users, local communities and other Australians who are passionate about this island continent and the extraordinary natural world in the oceans that surround us. Together we can leave a tremendous legacy for future generations.
Peter Cochrane
Director of National Parks
Contents
Part 1 Introduction
1.1 Structure of this Management Plan
1.2 Objectives of the Management Plan
1.3 Introductory provisions for the Temperate East Marine Reserves Network Management Plan
Part 2 Description of the environment, values and pressures in the Temperate East Marine Reserves Network
2.1 Description of the Temperate East Marine Region environment
2.2 Social, cultural and economic values
2.3 Values of the Temperate East Commonwealth Marine Reserves Network
2.4 Pressures on the conservation values of the Temperate East 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 Temperate East Commonwealth Marine Reserves Network
5.1 Outline of Part 5
5.2 Permits and class approvals for allowable activities
5.3 General rules for use and access
5.4 Commercial shipping
5.5 Commercial fishing
5.6 Commercial tourism (including charter fishing tours) and commercial media
5.7 Recreational fishing (including clients of charter fishing tours and organised fishing competitions)
5.8 Mining operations (including exploration)
5.9 Structures and works
5.10 Research and monitoring activities
5.11 Defence, border protection, law enforcement and emergency response
5.12 New activities and authorisations
Appendix A
Gifford Commonwealth Marine Reserve
Norfolk Commonwealth Marine Reserve
Lord Howe Commonwealth Marine Reserve
Central Eastern Commonwealth Marine Reserve
Solitary Islands Commonwealth Marine Reserve
Cod Grounds Commonwealth Marine Reserve
Hunter Commonwealth Marine Reserve
Jervis 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 Temperate East Commonwealth Marine Reserves Network has been established to protect examples of the biodiversity, habitats and ecosystems of the Temperate East Marine Region.
The Temperate East Marine Reserves Network forms part of Australia’s National Representative System of Marine Protected Areas (NRSMPA). The establishment of the NRSMPA has been ongoing since 1998 when the Australian, state and Northern Territory governments agreed to its creation. The states and the Northern Territory are establishing marine protected areas in their coastal waters, while the Australian Government has established marine protected areas in Commonwealth waters around Australia. Commonwealth waters start at the outer edge of state 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. On Norfolk Island, which is a territory of the Commonwealth, Commonwealth waters extend to the high-water mark. The Commonwealth marine area is defined in s.24 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
The NRSMPA will meet Australia’s international commitments as a signatory to the Convention on Biological Diversity to establish a representative system of marine protected areas within Australia’s exclusive economic zone.
The creation and management of marine reserves is an important strategy for the conservation and ecologically sustainable use of the marine environment. Marine reserves, when well designed and managed effectively, make an important contribution to maintaining the overall health and resilience of our oceans. The primary goal of the NRSMPA is to establish and manage a comprehensive, adequate and representative system of marine protected areas to contribute to the long-term ecological viability of marine and estuarine systems, to maintain ecological processes and systems, and to protect Australia’s biological diversity at all levels.
Marine reserves are just one of a wide range of tools that support the conservation and ecologically sustainable use of the marine environment and its biodiversity. Other key tools include the adoption of ecosystem-based fisheries management, actions to recover threatened species and actions to avoid or mitigate threats such as invasive species, marine debris and land-based sources of pollution. There is specific protection for the marine environment and threatened and migratory species under the EPBC Act, as well as under sectoral legislation at the Commonwealth and state level.
The Temperate East Marine Reserves Network was established in 2012. The network was proclaimed for the purpose of protecting and maintaining marine biodiversity, while allowing for the sustainable use of natural resources in appropriate areas.
The Temperate East Marine Reserves Network comprises eight Commonwealth marine reserves (see Figure 1.1), which together represent examples of the ecosystems of the Temperate East Marine Region. The eight reserves are:
Gifford Commonwealth Marine Reserve
Norfolk Commonwealth Marine Reserve
Lord Howe Commonwealth Marine Reserve[1]
Central Eastern Commonwealth Marine Reserve
Solitary Islands Commonwealth Marine Reserve[2]
Cod Grounds Commonwealth Marine Reserve[3]
Hunter Commonwealth Marine Reserve
Jervis 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 Temperate East Commonwealth Marine Reserves Network.
Figure 1.1: Temperate East Commonwealth Marine Reserves Network
1.1 Structure of this Management Plan
The Management Plan provides a broad description of the Temperate East Marine Region and a summary of regional features represented in the Temperate East Marine Reserves Network. It also identifies the conservation values represented by the network. The Plan includes information about pressures and potential threats to these values, which require active management and monitoring over time to ensure the objectives of the Plan are achieved (see Part 2).
This Plan assigns an International Union for Conservation of Nature (IUCN) category to each marine reserve in the Temperate East Marine Reserves Network, in accordance with the requirements of s.367(1)(a) of the EPBC Act (see Part 3). When a reserve is divided into zones, each zone is also assigned an IUCN category. The Australian IUCN reserve management principles, prescribed in Schedule 8 of the Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations), provide administrative guidance for managing Commonwealth reserves, and also define what activities are allowable in each reserve and zone and under what circumstances they may be undertaken.
Zoning is a fundamental planning tool in managing marine reserves and defines what activities can occur in which locations 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 the Reserves are divided.
The Plan prescribes strategies and actions for research and monitoring, assessment and permitting, compliance, community participation, indigenous involvement and environmental management that will be applied by the Director (see Part 4). These Strategies and Actions provide the framework for achieving the Plan’s objectives and outcomes. This Plan also allows for management of local scale, reserve-specific issues over the life of the Plan, as management needs change over time.
This Plan prescribes the rules applying to activities associated with human use in the reserves network. These prescriptions provide the specific detail for how activities are allowed to occur in the reserves network and of prohibited activities in the Marine Reserves Network (see Part 5). Together with Parts 3 and 4, Part 5 of the Plan provides certainty of management intentions, while providing for flexibility to adapt management responses to emerging needs over the life of the 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 Temperate East Marine Reserves Network; and
provide for ecologically sustainable use of the natural resources within the Temperate East Marine Reserves Network where this is consistent with objective 1.
The strategies and actions in Part 4 and the prescriptions in Part 5 aim to achieve the objectives of this Plan.
1.3 Introductory provisions for the Temperate East Marine Reserves Network Management Plan
1.3.1 Short title
This Management Plan may be cited as the Temperate East Commonwealth Marine Reserves Network Management Plan or the Temperate East 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 TEMPERATE EAST MARINE RESERVES NETWORK
2.1 Description of the Temperate East Marine Region environment
The Temperate East Marine Reserves Network is located within the Temperate East Marine Region and covers 383 352 square kilometres. The Temperate East Marine Region incorporates Commonwealth waters extending from the southern-most extent of the Great Barrier Reef Marine Park, approximately 40 kilometres north of Bundaberg in Queensland, to Bermagui in New South Wales. It includes Commonwealth waters surrounding Lord Howe and Norfolk Islands.
The Temperate East Marine Region is characterised by a narrow continental shelf, significant variation in sea-floor features (including seamount chains and canyons), dynamic oceanography, and a unique mix of tropical and cold water reef systems. Temperate species dominate the southern parts of the Region, and tropical species become progressively more common towards the north.
The Region supports high levels of species richness and diversity, particularly among corals, crustaceans, echinoderms, molluscs, sea sponges and fish. This is particularly true in places like Lord Howe Island and Elizabeth and Middleton Reefs where both warm and cold water species flourish alongside each other. These unusual communities are mainly supported by the tongue of warm water that is driven southwards by the East Australian Current, extending the geographic range of the tropical species.
The Temperate East Marine Region has four prominent underwater features in the area. These include: three seamount chains that run parallel to the east coast of Australia (the seamounts range in height up to 4 800 metres from the seafloor—more than twice the height of Mt Kosciuszko—to within 130 metres of the surface and are home to deepwater shark species that are found only in Australia); canyons of the eastern continental slope, which add critical habitat diversity to the Region; the East Australian Current (the Current dominates the oceanography of the Region bringing warm waters from the Coral Sea south along the outer edge of the continental shelf, moving offshore at approximately 33 degrees south, offshore from the central coast of New South Wales); and the Tasman Front, which represents the meeting point for two distinct bodies of water—the warm, nutrient-poor Coral Sea and the cold, nutrient-rich Tasman Sea. The localised oceanographic processes along the Tasman Front trap nutrients and plankton, creating an important region of enhanced productivity.
The Temperate East Marine Reserves Network includes extensive examples of the different marine ecosystems found in the Region and provides additional protection for several species listed as endangered or vulnerable under Commonwealth legislation or international agreements, including the critically-endangered east coast population of grey nurse shark, the vulnerable white shark and green and hawksbill marine turtles. The network also includes important offshore reef habitat at Elizabeth and Middleton Reefs, Lord Howe Island and at Norfolk Island, that support the threatened black cod; the southernmost extent of many reef-building coral species; as well as important breeding, foraging and feeding areas for several species of seabird including the little tern.
Areas of high conservation value based on their importance for the Region’s biodiversity or ecosystem function and integrity have been identified as key ecological features. Collectively these features support a range of habitats, from shallow waters on the continental shelf to deep ocean environments at the edge of Australia’s Exclusive Economic Zone. The biological and ecological features are described further in Section 2.3. Further information about the Temperate East Marine Region can be obtained in the Temperate East Marine Bioregional Plan.
2.2 Social, cultural and economic values
The waters within the Temperate East Marine Reserves Network are unique for their cultural and social values and their economic contribution to the Region. The industries and activities of most significance within the Temperate East Marines Reserves Network, based on the resources and values of the Region include (in alphabetical order):
Commercial fishing - Many locations along the coast adjacent to the Temperate East Marine Reserves Network have long fishing histories and strong connections between local communities and the fishing industry, regional centres such as Newcastle and Gosford and smaller towns like Ulladulla and Bermagui. Commercial wild-catch fishing is one of the most widespread activities across the Temperate East Marine Reserves Network, and a number of commercial fisheries (some with multiple sectors and/or sub-fisheries) operate within the area. Fishing effort is relatively concentrated along the continental shelf and slope and in adjacent state waters. At the time of preparing this Plan there were no aquaculture activities in the Marine Reserves Network.
Commercial shipping - Some of Australia’s busiest commercial shipping lanes intersect with the Temperate East Marine Reserves Network. This traffic includes international and coastal cargo trade and passenger services. Supply of goods and services by commercial ships is an important service link for Norfolk Island and Lord Howe Island. Ports in the Region account for a significant proportion of the tonnage of Australia’s exports and imports, the largest of those in the Region being Brisbane, Sydney, Newcastle, Coffs Harbour and Port Kembla.
Commercial tourism and charter fishing - A broad range of marine tourism activities take place in the Temperate East Marine Reserves Network, including water sports such as sailing, snorkelling, scuba diving, cruise lining, whale and dolphin watching and charter fishing. Key ports for recreational, charter and game fishing in the Region are Hervey Bay, Tweed Heads, Sydney, Port Stephens, Coffs Harbour, Wollongong, Batemans Bay, Narooma and Bermagui. A number of these ports are also home to major game fishing tournaments.
Indigenous Values - Indigenous people from several Aboriginal people groups and clans have occupied, used and managed coastal land and sea environments in and adjacent to the Temperate East Marine Region for thousands of years.
Petroleum and mining - The Temperate East Marine Region is not considered one of Australia’s most significant resource areas for petroleum. At the time of preparing this Plan, the Temperate East Marine Reserves Network intersects with one petroleum exploration permit within the offshore Sydney basin.
Recreational use - The Region has important values for people living in adjacent communities. Many people frequently visit the coast, with some travelling long distances offshore. A wide range of recreational activities occur in the Temperate East Marine Reserves Network, including snorkelling, scuba diving, whale and dolphin watching, yachting and fishing. Recreational fishing is a popular activity in the Temperate East Marine Reserves Network, although most recreational fishing occurs in state waters adjacent to the Region.
The Temperate East Marine Region attracts a range of other uses, including scientific research and commercial activities. One submarine telecommunications cable and energy transmission services (for electricity and gas) cross the Network.
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 Temperate East Marine Region there is a large training area off the south coast of New South Wales known as the East Australia Exercise Area and a number of smaller practice areas. Several training areas intersect with the Temperate East Marine Reserves Network.
2.3 Values of the Temperate East Commonwealth Marine Reserves Network
The Temperate East Marine Reserves Network covers 383 352 square kilometres and abuts the state waters surrounding Lord Howe Island. State jurisdiction extends generally from the shoreline to three nautical miles offshore. On Norfolk Island, which is a territory of the Commonwealth, Commonwealth waters extend to the high-water mark.
The Temperate East 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[4] to represent the Region’s biodiversity as it varies across provincial bioregions, depth ranges, large scale biological and ecological features and sea-floor features. The Network protects habitats important for threatened species and has a range of heritage and other values protected specifically under the EPBC Act, such as World Heritage and Ramsar sites. Several historic shipwrecks are also found in the Network.
2.3.1 Provincial bioregions
Provincial bioregions[5] are large areas of ocean with broadly similar characteristics that have been classified by scientists based on the distribution of fish and other marine species, sea-floor types and ocean conditions. Seven provincial bioregions are represented in the Temperate East Marine Reserves Network (Figure 2.1):
Central Eastern Province – is located predominantly over the abyssal plain/deep ocean floor and to a lesser extent along the eastern continental slope. This Provincial Bioregion features submarine canyons, terraces, pinnacles, peaks, and banks/shoals. Along the East Australian Current large gyre/eddies form which supports important areas of enhanced productivity and biological communities in this Province, which also supports biological communities associated with abyssal plain and trough systems. The Central Eastern Province is represented in the Jervis, Hunter, and Central Eastern Commonwealth Marine Reserves.
Central Eastern Shelf Province – runs parallel to the coast and includes an elongated area of continental shelf ranging in width from 10 to 60 kilometres. It features shelf biological communities, as well as some gyre and eddy biological communities associated with the East Australian Current. This Provincial Bioregion contains a number of key grey nurse shark aggregation sites located along the coast of New South Wales. These sites include sand filled gutters, inshore rocky reefs, caves and islands. The Central Eastern Shelf Province is represented in the Hunter and Cod Grounds Commonwealth Marine Reserves.
Central Eastern Shelf Transition – is located predominantly on the continental shelf and includes a small section of upper slope. It features shelf biological communities, as well as some gyre and eddy biological communities associated with the East Australian Current. Included in this provincial bioregion is the continental shelf area off Tweed Heads in New South Wales which is a transition zone for benthic communities, representing a major tropical/temperate divide for the Region. Reef building capacity reduces significantly toward the south of this provincial bioregion, with the southern limit of coral reef growth located at the Solitary Islands. The Central Eastern Shelf Transition is represented in the Solitary Islands and Central Eastern Commonwealth Marine Reserves.
Lord Howe Province – is located on the slope surrounding Lord Howe Island and is the largest provincial bioregion in the Temperate East Marine Region. It features basins, ridges, seamount/guyots, plateaux and saddles. Plateaux are the most dominant feature, covering approximately 80 per cent of this area. The Lord Howe Province supports a unique mix of tropical, sub-tropical and temperate species (including important habitat for the threatened black cod) and includes the southernmost coral reefs in the Pacific Ocean. It also supports several biological communities associated with seamounts of the Lord Howe Rise (including Ball’s Pyramid, Lord Howe Island, Elizabeth and Middleton Reefs and Gifford Guyot), continental plateaux, and gyre and eddy fields associated with the East Australian Current. The Lord Howe Province is represented in the Lord Howe and Gifford Commonwealth Marine Reserves.
Norfolk Island Province – is located predominantly on slope and includes a very small area of shelf that surrounds Norfolk Island. It has complex geomorphology and contains 13 sea-floor features: banks, shoals, trenches, troughs, basins, knolls, abyssal hills, hills/mountains/peaks, seamounts, guyots, pinnacles, plateaux and saddles. The Norfolk Island Province has biological communities associated with seamounts (including the Norfolk Ridge) and reef systems which support both tropical and temperate fish species, corals and other marine organisms. A 2000 metre-deep, narrow (20 kilometres) gap separates the Norfolk Ridge from the Wanganella Bank on the western side of the Ridge where a significant area of pinnacles shallower than 500 metres are located. The Norfolk Island Province is represented in the Norfolk Commonwealth Marine Reserve.
Southeast Shelf Transition – is relatively narrow (five to 30 kilometres wide) and runs parallel to the east Australian coast. Shelf and slope are the two major geomorphic features present in the provincial bioregion and the East Australian Current is a dominant oceanographic driver. Biological communities associated with the continental shelf as well as with some gyre and eddy features are present. The Southeast Shelf Transition is represented in the Jervis Commonwealth Marine Reserve.
Tasman Basin Province – occurs entirely on the abyssal plain/deep ocean floor. It has three geomorphic features that include seamounts/guyots (including the Tasmantid Seamount Chain), knolls/abyssal hills/hills/mountains/peaks and pinnacles. The Tasman Basin Province includes: abyssal plain and trough biological communities associated with the Tasmantid Seamount Chain (including those at Barcoo, Taupo, Derwent Hunter, Stradbroke, Britannia and Queensland seamounts); the Tasman Basin; and gyre and eddy biological communities associated with the East Australian Current. The Tasmantid seamounts comprise a unique environment which provides significant marine habitat in the deep sea. The Tasman Basin Province is represented in the Lord Howe and Central Eastern Commonwealth Marine Reserves.
Figure 2.1: Provincial Bioregions represented in the Temperate East Commonwealth Marine Reserves Network
2.3.2 Depths
The Temperate East Marine Region ranges from shallow coastal waters of less than 15 metres to approximately 6 000 metres in depth. Marine biological communities change with depth and similar depth ranges in different bioregions support different suites of species. Different ocean depths within Commonwealth marine reserves networks have been included in the Temperate East Marine Reserves Network to ensure that examples of all types of marine biodiversity are represented. The Temperate East Marine Reserves Network represents examples of 73 depth ranges (or bathomes) within provincial bioregions (Figure 2.2).
Figure 2.2: Depth ranges represented in the Temperate East Commonwealth Marine Reserves Network
2.3.3 Large scale biological and ecological features
The Marine Bioregional Planning program identified large scale ecological features that support distinct or important ecological communities at a regional scale. Where these features are considered to be of regional importance for either a region’s biodiversity or its ecosystem function and integrity, they are known as key ecological features. Seven key ecological features are represented in the Temperate East Marine Reserves Network (Figure 2.3):
Shelf rocky reefs - These occur along the continental shelf south of the Great Barrier Reef and represent an important shift (at a depth of 45 metres) from algae-dominated communities associated with the sea-floor to attached invertebrates such as large sponges and corals. Shelf rocky reefs are represented in the Jervis, Solitary Islands and Hunter Commonwealth Marine Reserves.
Canyons on the eastern continental slope - These are steep, rugged topographic features that play a major role in influencing the diversity and abundance of species and habitat diversity of the sea-floor (particularly in the upper slope regions of 150 – 700 metres). By providing hard surfaces in depth zones where soft sediment habitats prevail, canyons support an abundance of large benthic animals such as sponges and feather stars. Localised changes in productivity in the water column above canyons also provides feeding opportunities for a range of species some of which are commercially important or threatened. Canyons on the eastern continental slope are represented in the Jervis and Central Eastern Commonwealth Marine Reserves.
Tasman Front and eddy field - The Tasman Front is a region of intermediate productivity that separates the warm, nutrient-poor waters of the Coral Sea from the cold nutrient rich waters of the Tasman Sea. The Front is located between 27 degrees south and 33 degrees south and is associated with warm-core eddies, a number of which are semi-permanent. The Tasman Front and eddy field is represented in the Lord Howe Commonwealth Marine Reserve. These features also influence the productivity, biodiversity and endemism found at the Norfolk Commonwealth Marine Reserve.
Tasmantid Seamount Chain - This is a prominent chain of underwater volcanic mountains, plateaux and terraces that runs north-south at approximately 155 degrees east, extending into the Tasman Basin. It supports a diverse range of habitats ranging from deep sea sponge gardens to near pristine tropical coral reef systems and high species diversity. The Tasmantid Seamount Chain supports known feeding and reproduction grounds for a number of open ocean species such as billfish, marine turtles and marine mammals. The Tasmantid Seamount Chain is represented in the Central Eastern Commonwealth Marine Reserve.
Lord Howe Seamount Chain - This seamount chain runs for approximately 1000 kilometres along the Lord Howe Rise. It includes Lord Howe Island, Balls Pyramid, Elizabeth Reef, Middleton Reef and Gifford Guyot and supports shallow tropical coral reefs and deep cold water corals. The fringing coral reefs around Lord Howe Island together with Elizabeth and Middleton Reefs to the north are the southernmost tropical coral reefs in the Pacific Ocean. The Lord Howe Seamount Chain is represented in the Lord Howe and Gifford Commonwealth Marine Reserves.
Norfolk Ridge - This feature occurs in a region of remnant volcanic arcs, plateaux, troughs and basins and runs southward from New Caledonia to New Zealand (between the New Caledonia trough to the west and the New Zealand basin to the east). Seafloor habitats along the Norfolk Ridge are thought to act as ‘stepping stones’ for animal dispersal, connecting deepwater species from New Caledonia to New Zealand. The Norfolk Ridge is represented in the Norfolk Commonwealth Marine Reserve.
Elizabeth and Middleton Reefs - These reefs are small, isolated, oceanic platform reefs that occur on top of the volcanic seamounts of the Lord Howe Seamount Chain. Together with the fringing reefs around Lord Howe Island, Elizabeth and Middleton Reefs are the southernmost tropical coral reefs in the Pacific Ocean. They support a diverse range of tropical and temperate marine life, including both warm and cold water corals and over 300 fish species. This diversity is a result of the effect of the East Australian Current on the reefs, exposing the area to its warm water as well as the surrounding cooler ocean. The lagoons of both reefs are important areas for populations of the threatened black cod and the Galapagos shark. Elizabeth and Middleton Reefs are located in the Lord Howe Commonwealth Marine Reserve.
Figure 2.3: Key ecological features represented in the Temperate East 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 includes, for example, sea-floor pinnacles, canyons and reefs. There is a lack of detailed and comprehensive information on the distribution of biodiversity mainly due to the vastness, remoteness and inaccessibility of the deep ocean environments. There is strong scientific evidence that different types of sea-floor features provide different habitats and are associated with different marine species and communities. For this reason, sea-floor features were used as one of the surrogates for biodiversity to design the Marine Reserves Network.
The Temperate East Marine Reserves Network represents fifteen sea-floor features (Figure 2.4).
Figure 2.4: Sea-floor features represented in the Temperate East Commonwealth Marine Reserves Network
2.3.5 Protected species and biologically important areas
The Temperate East Marine Reserves Network provides protection for a number of species listed as endangered or vulnerable under Commonwealth legislation or international agreements. These include the grey nurse shark, white shark, black cod, Bleekers devil fish, green and hawksbill marine turtles, the little tern and other seabirds. The Network also contains areas important for species listed under:
the Convention on the Conservation of Migratory Species of Wild Animals 1979 (CMS or Bonn Convention)
the Agreement between the Government of Australia and the Government of Japan for the Protection of Migratory Birds in Danger of Extinction and their Environment 1974 (JAMBA)
the Agreement between the Government of Australia and the Government of the People’s Republic of China for the Protection of Migratory Birds and their Environment 1986 (CAMBA)
the Agreement between the Government of Australia and the Government of the Republic Of Korea on the Protection of Migratory Birds 2007 (ROKAMBA)
Several species of birds seasonally use flyways that cross the Lord Howe and Norfolk Commonwealth Marine Reserves during their migratory routes.
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 viability of protected species. A number of biologically important areas intersect with the Temperate East Marine Reserves Network:
Seasonal migration routes and feeding sites for cetaceans including the humpback whale occur throughout the Region. These sites intersect with the Solitary Islands, Cod Grounds, Hunter, Jervis, Lord Howe, Gifford and Norfolk Commonwealth Marine Reserves.
Migration routes and foraging and feeding sites for 20 species of seabird listed as threatened and/or migratory are located in the Region. Lord Howe Island and Norfolk Island are significant breeding sites for seabirds and the Lord Howe and Norfolk Commonwealth Marine Reserves are important foraging areas and migration pathways. The Solitary Islands, Cod Grounds, Hunter and Jervis Commonwealth marine reserves intersect with foraging and breeding areas for several species of albatross and shearwater.
Foraging, aggregation and breeding sites for the white shark and the east coast population of grey nurse shark are present in the Region. Important foraging, aggregation and seasonal breeding areas for grey nurse sharks occur in the Cod Grounds, Solitary Islands and Hunter Commonwealth Marine Reserves. An important juvenile aggregation site for white sharks is located off Port Stephens and extends into the Hunter Commonwealth Marine Reserve. The Cod Grounds and Central Eastern Commonwealth marine reserves are also important areas for white sharks.
More information on protected species and biologically important areas can be found in the Marine Bioregional Plan for the Temperate East Marine Region.
2.3.6 Other place-based protected values
The EPBC Act protects a range of other values as matters of national environmental significance—World Heritage, National Heritage or wetlands of international importance. Places on the Commonwealth heritage list or shipwrecks listed under the Historic Shipwrecks Act 1976 are also protected. The Historic Shipwrecks Act protects shipwrecks and their associated relics that are older than 75 years. Shipwrecks and relics younger than 75 years are protected under the Navigation Act 2012.
At the time of writing this Plan, the Temperate East Marine Reserves Network intersects with two World Heritage places, two National Heritage places, one Ramsar site and a number of historic shipwrecks (Table 2.1).
Schedules 5, 5B, 6 and 7B of the EPBC Regulations outline the management principles for World Heritage, Commonwealth Heritage and National Heritage places, and wetlands of international importance. As required by the EPBC Act the strategies and Actions in Part 4 of this Plan, and the prescriptions in Part 5, are consistent with relevant EPBC Act heritage management principles and take account of Australia’s obligations under relevant international agreements, including the World Heritage Convention and Ramsar Convention (as given effect in the EPBC Act management principles).
Table 2.1: Other protected values in or adjacent to the Temperate East Commonwealth Marine Reserves Network
| Protected place | Values | Marine reserve |
| Elizabeth and Middleton Reefs | Wetland of international importance (Ramsar) | Lord Howe Commonwealth Marine Reserve |
| Lord Howe Island Group | World Heritage National Heritage | Adjacent to the Lord Howe Commonwealth Marine Reserve |
| Phillip Island | Commonwealth Heritage | Norfolk Commonwealth Marine Reserve |
| Norfolk Island Kingston and Arthur’s Vale Historic Areas | World Heritage National Heritage | Adjacent to the Norfolk Commonwealth Marine Reserve |
| Bittern: sailing vessel wrecked 1868 | Historic Shipwreck | Norfolk Commonwealth Marine Reserve |
| Diout: sailing vessel wrecked 1873 | Historic Shipwreck | Norfolk Commonwealth Marine Reserve |
| Fairlie: wrecked 1840 | Historic Shipwreck | Norfolk Commonwealth Marine Reserve |
| Friendship: sailing vessel wrecked 1835 | Historic Shipwreck | Norfolk Commonwealth Marine Reserve |
| Mary Hamilton: sailing vessel wrecked 1893 | Historic Shipwreck | Norfolk Commonwealth Marine Reserve |
| Mary Olgivie: sailing vessel wrecked 1893 | Historic Shipwreck | Norfolk Commonwealth Marine Reserve |
| Sirius HMS: sailing vessel wrecked 1790 | Historic Shipwreck | Norfolk Commonwealth Marine Reserve |
| Unknown; sailing vessel wrecked 1846 | Historic Shipwreck | Norfolk Commonwealth Marine Reserve |
| Warrigal: sailing vessel wrecked 1918 | Historic Shipwreck | Norfolk 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 Temperate East Marine Reserves 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 Temperate East Marine Reserves Network are yet to be identified and understood. Strategy 1 of this Plan sets out Actions and desired outcomes to ensure that the knowledge base necessary to underpin management in the long term improves over the life of the Plan.
While biodiversity values underpin much of the design of the Temperate East Marine Reserves Network, each marine reserve contains a range of other values, including cultural, recreational and historical, that also need to be better understood and documented. These intentions are articulated in Strategies 5 and 6 of this Plan.
2.4 Pressures on the conservation values of the Temperate East Commonwealth Marine Reserves Network
For the purpose of this Plan, pressures are defined broadly as human-driven processes, events and activities that may detrimentally affect the values of the reserves network. Pressures 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 Temperate East Marine Region.
Human pressures on marine ecosystems and biodiversity in the Temperate East Marine Region are by global standards low. However, the Region is adjacent to the highly populated coasts of New South Wales and southern Queensland and parts of the Region closest to the coast will be subject to higher impact. These pressures are addressed, in part, by Australia’s generally sound management of the marine environment. A number of pressures and sources of pressures nevertheless exist in the network. The main drivers and sources of pressures on conservation values in the Temperate East Marine Reserves Network are:
extraction of living resources and by-catch, associated with commercial fishing, recreational fishing and illegal, unregulated and unreported fishing
increasing urban and industrial development in areas adjacent to the Region
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 Temperate East Marine Reserves Network.
This Plan is one of a suite of tools that contribute to the management of pressures on the Temperate East Marine Reserves Network and surrounding region. It operates alongside other Commonwealth and state programs to manage activities both within and in areas adjacent to the Marine Reserves Network. Other agencies that have an important role in the management of pressures in the Region include maritime compliance agencies (e.g. Customs and Border Protection Service, Australian Maritime Safety Authority, National Offshore Petroleum Safety and Environmental Management Authority), fisheries management agencies at both the state and Commonwealth level (e.g. Australian Fisheries Management Authority) and research organisations (e.g. Commonwealth Scientific and Industrial Research Organisation and Geoscience Australia).
This Plan establishes a framework for assessing activities and managing pressures on the conservation values of the Temperate East 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 eight reserves in the Temperate East Marine Reserves Network is assigned to an IUCN category by this Plan. Each reserve, apart from Gifford and Cod Grounds 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 Temperate East Marine Reserves Network are set out in Appendix B.
The categorisation and zoning scheme takes into account the purposes for which the marine reserves network was 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 EPBC Regulations can and cannot be conducted in them.
This Plan gives a ‘management zone name’ to each undivided reserve and each zone within the reserves that are divided into multiple zones. The management zone name reflects the objectives of the Plan and the activities that can be carried out in each zone, consistent with the IUCN category and relevant management principles.
This Management Plan broadly applies the IUCN categories and management principles as described below.
Category 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 principles-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 principles—Areas 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 resource use, compatible with nature conservation, is seen as one of the main aims of the area.
- Key management principles-Area should be managed primarily for biodiversity conservation while allowing for the ecologically sustainable use of natural ecosystems. 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 Temperate East Commonwealth Marine Reserves Network is assigned to the IUCN category specified in Column 2 of Table 3.1, adjacent to the name of the reserve.
3.2 Gifford and Cod Grounds Commonwealth Marine Reserves in the Temperate East Marine Reserves Network are given the network management zone names specified in Column 3 of Table 3.1 adjacent to the name of the Reserve.
3.3 Norfolk, Lord Howe, Central Eastern, Solitary Islands, Hunter and Jervis Commonwealth Marine Reserves in the Temperate East Marine Reserves Network are each divided into the zones described in Appendix A and shown in the map of each reserve in Appendix A. Each zone is assigned to an 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 Temperate East 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 | ||
| Gifford | IV | Habitat Protection Zone | ||
| Norfolk | VI | Marine National Park Zone | Habitat Protection Zone | Multiple Use Zone |
| Lord Howe | IV | Marine National Park Zone | Habitat Protection Zone (Lord Howe) | Multiple Use Zone |
| Recreational Use Zone | ||||
| Habitat Protection Zone | ||||
| Central Eastern | IV | Marine National Park Zone | Habitat Protection Zone | Multiple Use Zone |
| Solitary Islands | VI | Marine National Park Zone | Multiple Use Zone | |
| Special Purpose Zone | ||||
| Cod Grounds | II | Marine National Park Zone | ||
| Hunter | VI | Multiple Use Zone | ||
| Special Purpose Zone | ||||
| Jervis | VI | Multiple Use Zone | ||
| Special Purpose Zone | ||||
Part 4
Management Strategies
The IUCN categories and associated Australian IUCN reserve management principles (see Part 3 of this Plan) guide how the Temperate East Marine Reserves Network will be managed to achieve the objectives of this Plan (see Section 1.2). The principles also guide the application of provisions in the EPBC Act and Regulations relating to Commonwealth reserves, including whether actions and activities subject to those provisions can be carried out within reserve management zones.
Part 4 identifies the strategies and actions that, within the resources available to the Director of National Parks, will be used to achieve the objectives of this Plan, and effectively support the administration of prescriptions in Part 5. The strategies and actions are consistent with relevant National and Commonwealth Heritage management principles under the EPBC Act and take account of Australia’s obligations under relevant international agreements, including the World Heritage Convention and the Ramsar Convention (see Section 2.3.6 – Other place-based protected values).
Part 5 of this Plan sets out the prescriptions for specific activities in the network to ensure network management zones are managed consistently with the Australian IUCN reserve management principles. Prescriptions specify whether or not Actions and activities subject to the EPBC Act and EPBC Regulations are allowed to occur, are allowable under a permit or class approval from the Director, or if they are prohibited in network management zones. Part 5 also sets out the rules for issuing and managing permits and class approvals.
The strategies and their associated actions provide a structured and systematic approach to achieve 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 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 time of the Plan. These supporting documents will provide for location-specific reserve management and for engagement of users and other stakeholders as needed.
Strategy 1— Improve knowledge and understanding of the conservation values of the Marine Reserves Network and of the pressures on those values
Improving knowledge and understanding of the conservation values of the Marine Reserves Network and the pressures on those values will increase the capacity to meet the objectives of the 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 Temperate East 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 Temperate East Marine Region. This information underpins the extent and design of the Temperate East 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 Temperate East Marine Reserves Network, is the opportunity they offer for understanding and monitoring large-scale systemic shifts in ecosystem structures and function. 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 a Temperate East 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 of 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, improves 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 Temperate East Marine Reserves Network and the findings of the research can be easily accessed and shared.
Research and monitoring needs are met in partnership with relevant research organisations and marine reserves users.
Strategy 2— Minimise impacts of activities through effective assessment of proposals, decision-making and management of reserve-specific issues
The primary purpose of the Temperate East Commonwealth Marine Reserves Network is to protect and maintain biological diversity, while also allowing for the sustainable use of natural resources in some areas. This is reflected in the objectives of this Plan (see Part 1). As described in Part 2 of this Plan, a range of activities are carried out within and around the marine reserves of the Temperate East Marine Reserves 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 rules for access and use), 5.5 (Commercial fishing) and 5.7 (Recreational fishing)).
A person whose interests are affected by a decision taken under this plan may seek review of the decision in accordance with the Administrative Decisions (Judicial Review) Act 1977. A person whose interests are affected by a decision about a permit under the EPBC Regulations may also seek review of the decision in accordance with the Regulations and this Plan extends the same review rights to decisions about class approvals.
Actions
The Director will:
A5 Establish in consultation with relevant stakeholders, efficient, effective and transparent processes for assessment, decision-making and authorisation of activities, and implement within the Marine Reserves Network.
Note: For example, the Director will consult with the commercial fishing industry and other relevant stakeholders to establish the process for assessment of fishing methods and gear types.
A6 When the interests of a person or group are likely to be affected by a decision under this Management Plan, the Director will:
a.as far as practicable consult them in a timely and appropriate way;
a.provide an opportunity to comment on the proposed decision and associated actions;
b.take any comments into account;
c.give reasonable notice before decisions are taken or implemented (except in cases of emergency); and
d.provide reasons for decisions.
A7 Comply with Division 14.3 of the EPBC Regulations in relation to reconsideration of decisions about permits.
A8 Reconsider a decision about a class approval when requested by a person whose interests are affected by the decision. A request for reconsideration must be made and considered in the same manner as provided by Divison14.3 of the EPBC Regulations. Subject to the Administrative Appeals Tribunal Act 1975, a person who has requested a reconsideration may apply to the Administrative Appeals Tribunal for review of the reconsideration.
A9 Consider further use of class approvals where there is a sound case for effectively assessing and efficiently approving users that carry out a class of activities in a uniform way.
A10 Identify reserve specific issues and develop, implement and evaluate management responses where appropriate.
Outcomes
Potential impacts of allowable activities on the conservation values of the Marine Reserves Network are identified and avoided or mitigated by appropriate assessment and authorisation processes.
Authorisation processes are streamlined to improve efficiency and effectiveness, and avoid duplication.
Strategy 3— Protect the conservation values of the Marine Reserves Network through management of environmental incidents
The objectives of this Plan provide for the protection and conservation of biodiversity and other natural and cultural values. An important part of the management arrangements is to provide protection for conservation values from detrimental impacts resulting from unexpected or unforeseen incidents.
Environmental incidents have the potential to impact the conservation values of the network. For example, incidents such as the introduction of marine pests, oil and chemical spills, foundering vessels, lost cargo and ghost nets can occur with little or no warning. Because of this, it is important to be aware of any environmental incident as soon as possible so that any impact to the conservation values can be minimised. The establishment of systems that encourage users of the Marine Reserves Network to report environmental incidents is required for the effective management of such incidents. Collaboration with government agencies, industry stakeholders and other relevant organisations that possess the capability and expertise to 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 Temperate East Marine Reserves Network, 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 and the objectives of the Temperate East Marine Reserves Network. Compliance measures may need to evolve to ensure that the conservation values are protected and that there are no unnecessary imposts on users of the network.
Effective enforcement is supported through risk-based planning, incorporating targeted monitoring and surveillance (e.g. aerial and vessel based), and the collection of intelligence from other sources. In this regard, strong links with Commonwealth and state enforcement agencies to share information and cooperate in joint enforcement activities are important. For example, the Director has agreements with the Australian Customs and Border Protection Service for the provision of surveillance services in marine reserves and with the Australian Fisheries Management Authority for fishing vessel monitoring.
Wardens are appointed under the EPBC Act to enforce compliance with the EPBC Act and Regulations. All Australian Federal Police and Australian Customs officers are wardens for the purposes of the EPBC Act. Officers of other Commonwealth agencies and of Victorian, New South Wales and Queensland government agencies may also be appointed as wardens in relation to the Temperate East Marine Reserves Network.
The EPBC Act sets out civil and criminal penalties for breaches, and the EPBC Regulations set out criminal penalties. Administrative remedies, such as the issuing of infringement notices, may also be used in appropriate circumstances.
Actions
The Director will:
A15 Implement reliable methods for monitoring compliance with this Plan.
A16 Develop, maintain and disseminate appropriate information to assist users of the Marine Reserves Network to comply with the provisions of this Plan.
A17 Consult with users of the Network to identify opportunities to improve the effectiveness and efficiency of compliance measures.
A18 Implement a risk-based annual compliance plan.
A19 Establish a reporting system that supports users and visitors of the Marine Reserves Network to report suspected non-compliant activity.
A20 Build effective working partnerships and agreements with Commonwealth and state government agencies for the delivery of compliance services.
A21 Investigate and monitor suspected non-compliant activity and, where appropriate, take enforcement action.
A22 Support initiatives and programs which promote best practice standards that guide use, and minimise impacts on the marine environment.
Outcomes
Marine reserves network users have a clear understanding of what is required to comply with this Plan.
Marine reserves network users contribute to the management of the network through the reporting of suspected non-compliant activity.
Activities within the Marine Reserves Network are undertaken in a manner that is consistent with the management arrangements as specified in this Plan.
Strategy 5— Promote community understanding of, and stakeholder participation in, the management of the Marine Reserves Network
Commonwealth marine reserves protect and maintain Australia’s unique marine biodiversity and provide for the benefit and enjoyment of these areas by current and future generations. It is important that the Australian community understands the importance of the Marine Reserves Network and why it has been established. Marine reserve users can significantly contribute to management of the Marine Reserves Network through sharing their knowledge and understanding of the marine environment and human use of the marine environment. Stakeholder participation is recognised as an important element of network management, particularly with respect to the delivery of Actions by the Director and the review of prescriptions. To facilitate this it is intended that consultative structures be established to engage users in the management of the Temperate East Marine Reserves Network. The Director will use these consultative structures to address conservation issues and other issues of mutual 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 the management arrangements and requirements.
A24 Maintain effective working relationships with user groups to facilitate the exchange of knowledge and understanding of 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 Temperate East 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 Temperate East 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 reserve through sharing knowledge and understanding of the marine environment and through participate 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 Temperate East Commonwealth Marine Reserves Network.
A27 Identify, and where feasible support, opportunities for Indigenous people to engage in the management of sea country in Commonwealth marine reserves, for example through the delivery of critical management services, such as monitoring surveillance, compliance and research.
A28 Build effective partnerships with Indigenous communities and organisations that have an interest in the Marine Reserves Network.
A29 Comply with the requirements of the Native Title Act 1993.
Outcomes
Indigenous people and organisations are partners in the management of sea country within Commonwealth marine reserves.
Management activities within Commonwealth marine reserves acknowledge and respect existing Indigenous governance arrangements, activities and cultural needs.
Indigenous customs, practices and knowledge inform relevant management planning and activities.
Strategy 7— Evaluate and report on the effectiveness of this Management Plan through monitoring and review
The primary focus of this Strategy is evaluating the effectiveness of the management arrangements outlined in this Plan in meeting the management objectives for the Marine Reserves Network listed in Section 1.2.
A monitoring, evaluation and reporting program will identify monitoring objectives based on the management objectives and information priorities for the Network. The monitoring, evaluation and reporting program will establish arrangements to obtain the information needed to review the effectiveness of the implementation of the Plan before its expiry, while also enabling periodic reporting as required. Evaluations of effectiveness provide an important mechanism to identify refinements to and opportunities for improvement of the Plan and its implementation.
Actions
The Director will:
A30 Within the first twelve months of the Plan's operation, design and initiate a program to measure and monitor progress on actions and outcomes.
A31 Report annually on the Temperate East Marine Reserves Network in the Director of National Parks annual report.
A32 Evaluate and report on the implementation of this Plan before its expiry. The report will consider:
a.an assessment of the existing measures to protect the Temperate East Marine Reserves network
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 Act for protecting and conserving the heritage values for which the reserve has been listed on the National Heritage List.
Wetlands of international importance
The EPBC Act management of wetlands of international importance provisions (ss.325 to 336) relevantly provide:
that the Commonwealth may designate a wetland for inclusion in the List of Wetlands of International Importance kept under the Ramsar Convention only after seeking the agreement of relevant States, self governing Territories and land holders;
that the Minister must make plans for managing wetlands listed under the Ramsar Convention that are entirely in Commonwealth areas. The Commonwealth and Commonwealth agencies must not contravene such plans;
that the Commonwealth must try to prepare and implement management plans for other wetlands listed under the Ramsar Convention, in co operation with the relevant States and self governing Territories;
that the Commonwealth and Commonwealth agencies have duties relating to Ramsar listed wetlands in States and Territories; and
that the Commonwealth can provide assistance for the protection or conservation of Ramsar listed wetlands.
All wetlands listed under the Ramsar Convention are recognised as matters of national environmental significance under the EPBC Act. As such, approval is required for actions that will have, or are likely to have a significant impact on the ecological character of a Ramsar listed wetland.
The prescriptions within this Plan are consistent with the Australian Ramsar management principles described in Schedule 6 of the EPBC Act and other relevant obligations under the EPBC Act for the management of wetlands included in the List of Wetlands of International Importance kept under the Ramsar Convention.
EPBC Act and Indigenous traditional rights and native title rights
Native title rights can exist in waters over which Australia asserts sovereign rights under the Seas and Submerged Lands Act 1973. Native title determinations need not have been made in order for native title rights to exist. Native title rights may exist in offshore waters within Australia's jurisdiction. Native title determinations need not have been made in order for native title rights to exist.
The EPBC Act does not affect the operation of the Native Title Act 1993 and s.211 in particular, which in certain circumstances allows native title holders to hunt (and undertake other activities) in the exercise of native title rights without a permit or licence (s.8 EPBC Act). Prohibitions and other provisions of the EPBC Act and EPBC Regulations dealing with activities in Commonwealth reserves do not prevent Indigenous people from continuing their traditional use of an area in a reserve for hunting or gathering (except for purposes of sale), or for ceremonial and religious purposes, in accordance with the EPBC Act s.359A.
Penalties
Civil and criminal penalties may be imposed for breaches of the EPBC Act and criminal penalties may be imposed for breaches of the EPBC Regulations.
Other relevant laws
Historic Shipwrecks Act 1976
The Historic Shipwrecks Act 1976 protects historic wrecks and associated relics, which generally are more than 75 years old and in Commonwealth waters, extending from below the low water mark to the edge of the continental shelf. The Minister can also make a declaration to protect any historically significant wrecks or articles and relics that are less than 75 years old.
The Act aims to ensure that historic shipwrecks are protected for their heritage values and maintained for recreational, scientific and educational purposes. It also seeks to control actions that may result in damage, interference, removal or destruction of an historic shipwreck or associated relic. Divers can use wreck sites for recreational purposes, but relics must not be removed from the wreck site and the physical fabric of the wreck must not be disturbed, unless a permit has been obtained.
Some historic shipwrecks lie within protected or no-entry zones. These zones may cover an area up to a radius of 800 metres around a wreck site, and may be declared where circumstances place it at particular risk of interference. Permits are required to transit or enter a protected zone for activities such as diving, fishing or commemorative ceremonies. Permits are also required to undertake any activities otherwise prohibited or restricted by the Act.
Environment Protection (Sea Dumping) Act 1981
Australia regulates the loading and dumping of waste at sea under the Environment Protection (Sea Dumping) Act 1981 (the Sea Dumping Act). This Act also fulfils Australia's international obligations under the London Protocol to prevent marine pollution by controlling dumping of wastes and other matter.
Under the Sea Dumping Act, the Commonwealth aims to minimise pollution threats by:
prohibiting ocean disposal of waste considered too harmful to be released in the marine environment; and
regulating permitted waste disposal to ensure environmental impacts are minimised.
The Sea Dumping Act applies to all vessels, aircraft and platforms in Australian waters and to all Australian vessels and aircrafts in any part of the sea.
Permits are required for all sea dumping operations. Permits are most commonly issued for dredging operations and the creation of artificial reefs. Permits have also been issued for the dumping of vessels, platforms or other man-made structures, and for burials at sea.
Offshore Petroleum Greenhouse Gas Storage Act 2006
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 establishes the regulatory framework for offshore exploration and production of petroleum, and greenhouse gas storage activities, beyond the three nautical mile limit of the coastal waters of the states and the Northern Territory. Management of these activities within coastal waters is the responsibility of the relevant state or the Northern Territory.
Offshore Minerals Act 1994
The Offshore Minerals Act 1994 establishes the regulatory framework for offshore exploration and recovery of minerals beyond the three nautical mile limit of the coastal waters of the states and the Northern Territory. Management of these activities within coastal waters is the responsibility of the relevant state or the Northern Territory.
International agreements
This Plan takes into account Australia's obligations under international agreements that are relevant to the Temperate East 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 requires foreign ships in territorial seas to comply with the relevant country's laws relating to certain matters, including conservation of the living resources of the sea; prevention of infringement of the fisheries laws; preservation of the environment and the prevention, reduction and control of pollution of the environment; and marine scientific research and hydrographical surveys.
Within Australia's EEZ, foreign ships have rights closely associated with their rights on the high seas, including the freedom of navigation.
International Convention for the Prevention of Pollution from Ships (MARPOL)
The MARPOL convention 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 Temperate East Marine Reserves Network assists Australia in meeting its obligations under the CBD.
In 2010, the Conference of Parties to the Convention on Biological Diversity adopted a 'Strategic Plan for Biodiversity'. It includes the following target relevant to protected areas:
Target 11
By 2020, at least 17 per cent of terrestrial and inland water, and 10 per cent of coastal and marine areas, especially areas of particular importance for biodiversity and ecosystem services, are conserved through effectively and equitably managed, ecologically representative and well connected systems of protected areas and other effective area-based conservation measures, and integrated into the wider landscapes and seascapes.
The strategic plan complements, but does not replace, the commitment to establish representative networks of marine protected areas by 2012, made at the 2002 World Summit on Sustainable Development. The Australian Government has met and exceeded this target.
World Heritage Convention
Australia is a party to the World Heritage Convention, which aims to promote cooperation among nations to protect heritage that is of such outstanding universal value that its conservation is important for current and future generations. The operational guidelines for implementing the World Heritage Convention include requirements that each World Heritage area should have a management plan and should have adequate long-term legislative protection.
The Temperate East Marine Reserves Network includes two World Heritage sites. The Lord Howe Island Group is located in the Lord Howe Commonwealth Marine Reserve and the Norfolk Island Kingston and Arthur's Vale Historic Areas are located on Norfolk Island adjacent to the Norfolk Commonwealth Marine Reserve. The establishment of the Lord Howe and Norfolk Commonwealth Marine Reserves and the development of a management plan for the Temperate East Marine Reserves Network is consistent with World Heritage obligations.
Convention on Wetlands of International Importance especially as Waterfowl Habitat 1971 (Ramsar Convention)
This international agreement is more commonly known as the Ramsar Convention on Wetlands, and originally aimed to conserve and wisely use wetlands primarily as habitat for waterbirds. Over the years, the Ramsar Convention's scope has broadened to cover all aspects of wetland conservation and wise use, recognising that wetland ecosystems are important for both biodiversity conservation and the well-being of human communities.
To achieve its aims, the Ramsar Convention requires international cooperation, policy making, capacity building and technology transfer from its members. Under the Ramsar Convention, a wide variety of natural and human-made habitat types can be classified as wetlands, including features in the marine environment.
All wetlands listed under the Ramsar Convention are recognised as matters of national environmental significance under the EPBC Act. As such, approval is required for actions that will have, or are likely to have a significant impact on the ecological character of a Ramsar listed wetland. Further information on wetlands listed under the Ramsar Convention including access to Ramsar Information Sheets and Ecological Character Descriptions for Australian Ramsar sites are available via the Australian Wetlands Database.
Convention on the Conservation of Migratory Species of Wild Animals (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.
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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 Temperate East Commonwealth Marine Reserves Network. |
| endemic / endemism | Native to or confined to a certain region. |
| Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) | The Australian Government's key environmental Act, which came into effect on 16 July 2000, and includes any Act amending, repealing or replacing the Act. |
| Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations) | The Australian Government's key environmental regulations, which came into effect on 16 July 2000, and includes any Regulations amending, repealing or replacing the Regulations. |
| gazette | The Commonwealth of Australia Gazette. |
| Integrated Marine and Coastal Regionalisation of Australia (IMCRA or IMCRA v4.0) | A spatial framework for classifying Australia's marine environment into bioregions that form the basis for the development of a National Representative System of Marine Protected Areas. |
| International Union for the Conservation of Nature (IUCN) | A democratic membership union with more than 1000 government and non-government organisation member organisations, and almost 11 000 volunteer scientists in more than 160 countries that brings governments, non-government organisations, United Nations agencies, companies and local communities together to develop and implement policy, laws and best-practice environmental management and sustainable development. |
| Management Plan (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. |
| Temperate East Commonwealth Marine Reserves Network (Temperate East Marine Reserves Network or the Marine Reserves Network or the Network) | Eight Commonwealth marine reserves managed as a network. |
| seafloor | Also, seabed |
| stowed and secured | All fishing equipment, including nets and lines, are not in contact with the water, are onboard the nominated vessel, and lines are unrigged, unless otherwise determined by the Director. |
| transit | The en route passage of a vessel through a reserve, whereby the transit is in a straight direction as far as reasonably practical and the vessel does not stop for any reason other than in response to an emergency or to undertake an activity authorised by or under this Plan.. |
| unrigged | All tackle must be removed, leaving only a bare line on the reel. |
Supporting Information
ANZECC (Australian and New Zealand Environment and Conservation Council) (1998), Guidelines for establishing the National Representative System of Marine Protected Areas, ANZECC Task Force on Marine Protected Areas, Canberra.
ANZECC (Australian and New Zealand Environment and Conservation Council) (1999), Strategic plan of action for the National Representative System of Marine Protected Areas: a guide for action for Australian Governments, ANZECC Task Force on Marine Protected Areas, Canberra.
Commonwealth of Australia (1999), Environment Protection and Biodiversity Conservation Act 1999, Environment Australia, Canberra.
Commonwealth of Australia (2000), Environment Protection and Biodiversity Conservation Regulations 2000, Environment Australia, Canberra.
Commonwealth of Australia (2012), Marine Bioregional Plan for the Temperate East Marine Region, Department of Sustainability, Environment, Water, Population and Communities, Canberra.
Commonwealth of Australia (2009), East 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.
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] Lord Howe Island Marine Park, established in 2000, and Elizabeth and Middleton Reefs Marine National Nature Reserve, established in 1987, were revoked and are now included in the new Lord Howe Commonwealth Marine Reserve.
[2] Solitary Islands Marine Reserve (Commonwealth Waters), established in 1993, was revoked and is now included in the new Solitary Islands Commonwealth Marine Reserve.
[3] Cod Grounds Commonwealth Marine Reserve, established in 2007, was revoked and is now included in the new Cod Grounds Commonwealth Marine Reserve.
[4]
[5] The Provincial Bioregions are identified in the Integrated Marine and Coastal Regionalisation of Australia version 4.0 (IMCRA v4.0). There are 41 provincial bioregions around Australia.
Approval of the Temperate East Commonwealth Marine Reserves Network Management Plan 2014-2024 (Cth)
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