North Marine Parks Network Management Plan 2018 (Cth)

Case
No judgment structure available for this case.

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

APPROVAL OF THE NORTH MARINE PARKS NETWORK MANAGEMENT PLAN 2018

I, JOSH FRYDENBERG, Minister for the Environment and Energy, acting pursuant to section 370 of the Environment Protection and Biodiversity Conservation Act 1999, hereby approve the North Marine Parks Network Management Plan 2018.

Dated this ……......25............. day of ……………January…………., 2018

Josh Frydenberg

Minister for the Environment and Energy


© Director of National Parks 2018

This document may be cited as:

Director of National Parks 2018, North Marine Parks Network Management Plan 2018, Director of National Parks, Canberra.

ISBN:

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

Manager

North Marine Parks Network

203 Channel Highway

Hobart TAS 7050

Photography credits

Front cover

Gorgonian fan (Cathy Zwick)

Table of Contents

Chapter 1 Introduction

Part 1..... Managing Australian Marine Parks

1.1         Introductory provisions

1.2         Australian Marine Parks

1.3         Australian Marine Parks vision and objectives

1.4         Management plan overview

1.5         Legislation and policy supporting marine park management

1.6         Approach to managing Australian Marine Parks

1.7         Ways of working

1.8         Partnerships

1.9         Management programs and actions

1.10      Zones

1.11      Implementation plans

1.12      Adaptive management

Part 2..... The North Marine Parks Network

2.1         The North Marine Region

2.2         The North Marine Parks Network

2.3         Values of the North Network

2.4         Pressures in the North Network

2.5         Management programs and actions in the North Network

Chapter 2  Management and prescriptions

Part 3.       Zoning

3.1         Zone categories, names and objectives

Part 4..... Managing activities

4.1         Outline of Part 4

4.2         Rules for activities

4.2.1....... General use, access, and waste management

4.2.2....... Commercial shipping (other than commercial fishing and aquaculture vessels)

4.2.3....... Commercial fishing

4.2.4....... Commercial pearling

4.2.5....... Commercial aquaculture

4.2.6....... Commercial media

4.2.7....... Commercial tourism (includes charter fishing tours, scuba diving, nature watching tours)

4.2.8....... Recreational fishing

4.2.9....... Mining operations (includes exploration)

4.2.10..... Structures and works

4.2.11..... Research and monitoring

4.2.12..... National security and emergency response

4.2.13..... New activities and authorisations

4.3         Making decisions about activities

4.3.1....... Decision-making

4.3.2....... Assessments under other processes

4.3.3....... Review of decisions

4.4         Authorisation of allowable activities

4.4.1          Permits

4.4.2....... Class approvals

4.4.3....... Activity licences and leases

4.4.4....... Publication of authorisations

Glossary

Schedule 1 Summary of legislative and policy contexts

S1.1 The EPBC Act and EPBC Regulations

S1.2 Other relevant legislation

S1.3 International agreements

Schedule 2 North Network overview and values

S2.1 North Network overview

S2.2 North Network values

Joseph Bonaparte Gulf Marine Park

Oceanic Shoals Marine Park

Arafura Marine Park

Arnhem Marine Park

Wessel Marine Park

Limmen Marine Park

Gulf of Carpentaria Marine Park

West Cape York Marine Park

Schedule 3 Environmental features used in the design of the North Network

Schedule 4 North Network marine parks and zone boundary descriptions

Part 1 — Joseph Bonaparte Gulf Marine Park

Part 2 — Oceanic Shoals Marine Park

Part 3 — Arafura Marine Park

Part 4 — Arnhem Marine Park

Part 5 — Wessel Marine Park

Part 6 — Limmen Marine Park

Part 7 — Gulf of Carpentaria Marine Park

Part 8 — West Cape York Marine Park

Schedule 5 Supporting information

Map data sources

Chapter 1
Introduction

Green turtle on reef (David Harasti)

Part 1.      Managing Australian Marine Parks

1.1    Introductory provisions

Name

This management plan (plan) is the North Marine Parks Network Management Plan 2018.

Commencement

This plan commences on 1 July 2018.

Interpretation

The Glossary provides the meaning of certain words and expressions used, and includes references to certain words and expressions that are defined in the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

Authority

This plan is made under Section 370 of the EPBC Act. This plan replaces all previous approvals under s.359B of the EPBC Act that authorised a range of activities in the North Marine Parks Network in the period from proclamation of the Marine Parks to the commencement of this plan.

1.2    Australian Marine Parks

Australia is surrounded by ocean extending from the tropics to the sub-Antarctic, providing a home to a wealth of plants and animals, many of them found nowhere else in the world. Australia’s oceans help to support our way of life by providing beautiful places to enjoy, supporting businesses and jobs, and contributing to Australia’s food and energy needs.

Marine protected areas are recognised as one of the best ways to conserve and protect marine habitats and species in our oceans. In light of this, the Australian, state and territory governments agreed in 1998 to establish a National Representative System of Marine Protected Areas (NRSMPA). The NRSMPA was designed to create a comprehensive, adequate and representative (CAR) system of marine protected areas, to contribute to the long-term viability of the marine environment and protect biodiversity. To identify areas to protect in the NRSMPA, the Australian Government undertook scientific research and consolidated the best available information on the natural, social and economic characteristics of Australia’s marine environment.

On the basis of this work, in 2012, the Australian Government expanded the total coverage of Australia’s National Representative System of Marine Protected Areas to 3.3 million km2. This included new marine parks in the North, North-west, South-west, and Temperate East marine regions, and in the Coral Sea. This is in addition to marine parks already established in the South-east Network, the Great Barrier Reef and at Heard and McDonald Islands.

Australian Marine Parks (Commonwealth reserves proclaimed under the EPBC Act in 2007 and 2013) are located in Commonwealth waters that start at the outer edge of state and territory waters, generally three nautical miles (approximately 5.5 km) from the shore, and extend to the outer boundary of Australia’s exclusive economic zone, 200 nautical miles (approximately 370 km) from the shore. Marine parks have also been established by state and territory governments in their respective waters under the NRSMPA. Many other countries have moved to establish marine protected areas in their waters and are implementing a range of legislative, policy and management tools to manage these important places.

1.3    Australian Marine Parks vision and objectives

Management of Australian Marine Parks requires a balance between protection of our marine environment and opportunities for sustainable use and enjoyment of these special places.

The vision of the Director of National Parks (the Director) is that marine parks are healthy, resilient and well-managed to enhance Australia’s wellbeing. This means ensuring that:

·      their natural, cultural, socio-economic and heritage values are understood, appreciated and conserved;

·      marine parks support jobs and businesses, providing multiple benefits to regional communities and the economy;

·       people have opportunities to enjoy marine parks;

·      visitors and tourists can enjoy world-class nature-based experiences in marine parks; and

·      Indigenous people and marine park users are partners in managing marine parks.

The objectives of this plan are to provide for:

a)the protection and conservation of biodiversity and other natural, cultural and heritage values of marine parks in the North Network; and

b)ecologically sustainable use and enjoyment of the natural resources within marine parks in the North Network, where this is consistent with objective (a).

1.4    Management plan overview

This plan is structured into two chapters and five schedules (Table 1.1). Chapter 1 provides an introduction to how Australian Marine Parks are managed, and Chapter 2 provides for the management of the North Marine Parks Network (North Network).

Several inputs have contributed to the preparation of this plan, including:

  • public consultation during the preparation of this plan;

  • knowledge and expertise of marine park users and traditional owners;

  • the independent Commonwealth marine reserves review (publicly released in 2016);

  • the best available science and information on marine parks and approaches to marine park management, including insights from management of the South-east Network, the Great Barrier Reef Marine Park, and state and territory marine parks;

  • the Integrated Marine and Coastal Regionalisation of Australia (IMCRA) framework;

  • the Marine bioregional plan for the North Marine Region (2011);

  • the North marine bioregional plan: bioregional profile (2008); and

  • Government policies and commitment to competitive and sustainable fisheries.

1.5    Legislation and policy supporting marine park management

The EPBC Act is Australia’s primary environmental legislation. In recognition of the importance of the marine environment, it is listed as a matter of national environmental significance under the EPBC Act. Under the EPBC Act, the Director is responsible for managing marine parks (supported by Parks Australia), and is required to make management plans for marine parks. Other parts of the Australian Government must not perform functions or exercise powers in relation to these parks that are inconsistent with management plans (s.362 of the EPBC Act).

This plan complements a range of Commonwealth, state and territory laws, as well as international conventions and agreements that relate to protection of the marine environment (Schedule 1). Some of the ways in which the Australian Government protects the marine environment through national environmental law include management plans for Australian Marine Parks, marine bioregional plans for the Commonwealth marine environment, recovery plans for threatened species and threat abatement plans for key threats, such as invasive species and marine debris.

Other Australian, state and territory government agencies also have statutory roles in managing fisheries, tourism, oil and gas activities, shipping, maritime pollution and biosecurity threats.

Table 1.1 Structure of this plan

Chapter 1

Introduction

Part 1

Managing Australian Marine Parks

Outlines the context and approach to managing marine parks.

Part 2

The North Marine Parks Network

Provides a summary of the North Network including natural, cultural, heritage, social and economic values, the pressures facing the Network and the management actions to protect values and manage pressures.

Chapter 2

Management and prescriptions (the rules)

Part 3

Zoning

Explains the International Union for the Conservation of Nature (IUCN) categories assigned to each marine park and zone, and provides zone objectives.

Part 4

Managing activities

Provides the rules about what activities can and cannot occur within zones, and outlines the assessment and decision-making processes, and the types of authorisations (permits, class approvals, activity licences and leases).

Glossary

Lists terms and words used in this plan.

Schedules

Supporting information

Schedule 1

Summary of legislation and policy contexts

Includes the legislative and policy context for managing marine parks with respect to the EPBC Act and EPBC Regulations, and other relevant legislation and international agreements.

Schedule 2

North Network overview and values

Provides a summary of the marine parks as proclaimed, a description of values and a map for each park.

Schedule 3

Environmental features used in design of the North Network

Describes the environmental features used to identify areas for protection in the marine parks. These include provincial bioregions, depth ranges, seafloor features and key ecological features.

Schedule 4

North Network marine parks and zone boundary descriptions

Lists the coordinates of each marine park and zone.

Schedule 5

Supporting information

Lists references used in preparing this plan.

1.6    Approach to managing Australian Marine Parks

To achieve the best outcomes from Australian Marine Parks the different uses of parks must be balanced with protecting important habitats and features. This plan outlines the Director’s approach to managing Australian Marine Parks. This approach includes:

  • A vision for Australian Marine Parks and management objectives.

  • Partnerships with traditional owners, marine park users, stakeholders and governments to manage marine parks.

  • Management programs and actions to protect the marine environment, improve scientific understanding, support tourism, improve awareness and appreciation of marine parks, work with Indigenous people to manage parks, assess and authorise activities, and ensure that people comply with the rules.

  • Zones that set out what activities can be undertaken where and how.

  • Outcome-based decision-making where each decision made balances enabling use with the need to protect natural, cultural and heritage values of marine parks.

  • Implementation plans to support each management plan that set out the specific actions in the foundation phase (years 1–4), consolidation phase (years 5–8), and finalisation and review phase (years 9–10).

  • Adaptive management including monitoring, evaluation and reporting to keep track of our progress and change our approach when necessary.

1.7    Ways of working

In managing Australian Marine Parks, the Director will seek to be:

  • Respectful—of the traditional owners of the sea, marine park users, stakeholders and other government agencies.

  • Collaborative—seeking to co-design management programs and systems wherever possible, and manage in consultation with marine park users.

  • Balanced—focused on protecting natural, cultural and heritage values, while facilitating sustainable use and enjoyment of marine parks.

  • Outcomes based—considering outcomes for natural, social-economic, cultural and heritage values of marine parks when making decisions about activities.

  • Adaptive—encouraging innovation, accommodating new information about values, pressures and technologies, and allowing for continual improvement in management.

  • Evidence and risk-based—using information to guide management and decision-making, including evidence gathered through monitoring, research, evaluation and reporting.

  • Proactive—taking proactive action to protect marine parks from pressures, to minimise damage, and to improve resilience, wherever possible.

  • Efficient and effective—minimising regulatory burden and costs on businesses and individuals, including by using assessment and approval mechanisms of other government agencies, while enforcing the rules established in this plan.

1.8    Partnerships

Effective management of Australian Marine Parks will be achieved by working with traditional owners, marine park users and stakeholders, and other government agencies through the following:

Partnerships with government agencies

The Director will build on existing partnerships with Commonwealth government agencies with critical roles in managing and understanding Australia’s marine environment, including the Australian Fisheries Management Authority, Australian Maritime Safety Authority, Defence, Geosciences Australia, Great Barrier Reef Marine Park Authority, Australian Border Force and the National Offshore Petroleum Safety and Environmental Management Authority. The Director will also build on partnerships with the Northern Territory and Western Australia fisheries and marine park agencies, and research institutions that provide support to the day-to-day management of the North Network marine parks, while ensuring a consistent approach to managing marine parks around Australia.

Network advisory committee

To support collaborative management and achieve the vision for marine parks, the Director intends to establish an advisory committee for the North Network. The Director will work closely with the advisory committee and stakeholders to develop and implement management programs and actions for the Network.

The role of the advisory committee will be to support and collaborate with the Director to manage marine parks by:

  • helping to develop and deliver implementation plans, including assisting to prioritise management actions and develop performance measures;

  • providing information about stakeholder and park user views, knowledge and needs; and

  • contributing to the periodic evaluation and review of implementation plans.

Members will represent the broad range of marine park users, interests and knowledge about marine parks and may represent sectors such as commercial fishing, energy, Indigenous people, infrastructure, non-government organisations, recreational fishing, science, tourism, transport and the broader community. Membership and terms of reference for the committee will be developed in consultation with stakeholders as soon as practicable after the commencement of this plan.

Partnerships with traditional owners and Indigenous people

In implementing this plan, the Director acknowledges the national and international rights and cultural interests of Indigenous people and the deep understanding and experience that Indigenous people can contribute to the management of Australian Marine Parks. This includes international rights as detailed in the United Nations Declaration on the Rights of Indigenous People. The Director also acknowledges that Indigenous people have been sustainably using and managing their sea country, including areas now in marine parks, since time immemorial.

The Director is committed to working with Indigenous people to manage sea country within marine parks and will achieve this through the Indigenous engagement program (Section 2.5). This includes building partnerships with traditional owners and Indigenous people with responsibilities for sea country.

The Director also acknowledges that traditional owners are the primary source of information on the value of their heritage. For this reason, the Director will seek the active participation of Indigenous people in the identification and management of cultural values in marine parks.

To inform our approach to managing marine parks, the Director has worked with representatives from land councils, native title representative bodies and Indigenous ranger groups to develop a set of collaborative management principles (Table 1.2) to support Indigenous involvement in the management of Australian Marine Parks. These principles will inform the approach to implementing this plan, as well as the development and implementation of actions in each marine park (Part 2).

Table 1.2 Principles supporting Indigenous people to engage in management of Australian Marine Parks

Principle 1:

It is recognised that Indigenous people have been sustainably using and managing their sea country, including areas now included within Australian Marine Parks, for thousands of years—in some cases since before rising sea levels created these marine environments.

Principle 2:

Management of Australian Marine Parks should be undertaken on the basis that native title exists in sea country within Commonwealth waters.

Principle 3:

Indigenous people should be engaged in planning and managing Australian Marine Parks on the basis of their nationally and internationally recognised rights and cultural interests, not as a ‘stakeholder’ group.

Principle 4:

Maximise opportunities for Indigenous people to enjoy the management and use of their sea country.

Principle 5:

Maximise opportunities for the development of Indigenous livelihoods, consistent with national ‘closing the gap’ commitments.

Principle 6:

Governance and management activities within Australian Marine Parks should respect and complement local Indigenous governance arrangements, plans, capacities and activities.

Principle 7:

Indigenous engagement in managing Australian Marine Parks should be undertaken through good faith negotiations, seeking to build on the common ground that exists between Indigenous people and the Australian Government to protect and sustainably use Australia’s sea country environments and resources.

Principle 8:

Third party investment in management activities in Australian Marine Parks (e.g. through environmental offset investments) should include support for Indigenous people’s interests, capacity-building and development of livelihoods, consistent with all other principles outlined above; such third party investments must not impact on native title compensation negotiations or on the right to compensation.

1.9    Management programs and actions

The Director will implement management programs and actions to protect marine parks from threats and pressures, to minimise damage, and to rehabilitate and improve the resilience of marine parks. Management programs and actions may be adapted over the life of this plan, and include:

  • Communication, education and awarenessactions that improve awareness, understanding and support for marine parks and park management.

  • Tourism and visitor experienceactions that provide for and promote a range of environmentally appropriate, high-quality recreation and tourism experiences and contribute to Australia’s visitor economy.

  • Indigenous engagementactions that recognise and respect the ongoing cultural responsibilities of Indigenous people to care for sea country and support multiple benefits for traditional owners.

  • Marine science—actions to provide necessary scientific knowledge and understanding of marine park values, pressures, and adequacy of responses for effective management.

  • Assessments and authorisationsactions that provide for efficient, effective, transparent and accountable assessment, authorisation and monitoring processes to support sustainable use and protection of marine park values.

  • Park protection and management—timely and appropriate preventative and restorative actions to protect natural, cultural and heritage values from impacts.

  • Complianceactions that ensure appropriate and high levels of compliance by marine parks users with the rules set out in this plan.

The specific actions that will be undertaken in each marine park will be determined in partnership with stakeholders and set out in implementation plans.

1.10Zones

Zoning and related rules for managing activities are important tools for managing marine parks to ensure protection of marine habitats and species, while enabling use. Parts 3 and 4 of this plan set out the zones and rules for activities in the North Network.

In determining the zones and rules, the Director has considered the best available science, the advice of stakeholders, Indigenous people and the general public, the goals and principles of the NRSMPA and the Australian IUCN reserve management principles (Schedule 1). Zones established by this plan (Part 3) in marine parks in the North Network are summarised in Table 1.3.

Table 1.3 Summary of zones in the North Network

Special Purpose Zone (IUCN category VI)—managed to allow specific activities though special purpose management arrangements while conserving ecosystems, habitats and native species. The zone allows or prohibits specific activities.

Multiple Use Zone (IUCN category VI)—managed to allow ecologically sustainable use while conserving ecosystems, habitats and native species. The zone allows for a range of sustainable uses, including commercial fishing and mining where they are consistent with park values.

Habitat Protection Zone (IUCN category IV)—managed to allow activities that do not harm or cause destruction to seafloor habitats while conserving ecosystems, habitats and native species in as natural a state as possible.

National Park Zone (IUCN category II)—managed to protect and conserve ecosystems, habitats and native species in as natural a state as possible. The zone only allows non-extractive activities, unless authorised for research and monitoring.

1.11Implementation plans

The Director will work closely with stakeholders and the advisory committee to develop detailed implementation plans. Three stages of implementation plans will be developed to set out the management actions that will occur in the North Network and identify performance indicators.

  • Implementation plan 1—Foundation (years 1–4). To be developed in the first year and include foundational management actions and development of robust natural, social and economic baselines.

  • Implementation plan 2—Consolidation (years 5–8). To be developed following a review of the first implementation plan, and considering lessons learnt. To continue any ongoing foundational management actions.

  • Implementation plan 3—Finalisation and review (years 9–10). To set out arrangements to review the lessons learnt from implementing the management plan over the first eight years, and inform the development of the next management plan for the North Network.

1.12Adaptive management

Regular monitoring, evaluation, reporting and review of the implementation of this plan will be essential to achieve the vision for Australian Marine Parks and the objectives for this plan. The Director will undertake periodic monitoring, evaluation, review and reporting on the implementation of this plan to:

  • evaluate the effectiveness of this plan in achieving its objectives;

  • track progress in meeting performance indicators identified in implementation plans;

  • review the effectiveness of zoning and other management arrangements to protect and conserve marine park values;

  • identify changes in management context and priorities;

  • consider the adequacy of knowledge of marine park values, uses, pressures, social and economic benefits and impacts;

  • consider the effectiveness of monitoring and evaluation, and the appropriateness of key indicators and performance measures;

  • identify and prioritise future management actions;

  • provide information to enable adaptive management; and

  • inform the development of a new management plan for the North Network at the conclusion of this plan.

Part 2.      The North Marine Parks Network

Dugong (Doug Perrine)

2.1    The North Marine Region

The North Marine Region (region) extends from the west Cape York Peninsula to the Northern Territory–Western Australia border. The region covers approximately 625,689 km2 of tropical waters of the Gulf of Carpentaria and Arafura and Timor Seas (Figure 2.1).

Traditional owners have managed and used sea country within the region for tens of thousands of years. They use and actively manage the coastal and marine environments of the region as a resource and to maintain cultural identity, health and wellbeing. Fishing, hunting and the maintenance of culture and heritage through ritual, stories and traditional knowledge continue as important uses of nearshore and adjacent areas.

The region is popular for activities such as fishing, snorkelling, diving and boating. Tourism operators offer unique experiences for visitors to enjoy the offshore reefs, islands and deep water environments. Although many of the marine parks are remote and far offshore, opportunities exist for recreational use, particularly around offshore reefs.

There are significant industries in the region, including commercial fishing, mining and shipping that contribute to economic growth, employment and social wellbeing in adjacent towns and communities. Activities and businesses that support these industries such as marine industry suppliers and repair yards are also important sources of employment for coastal communities.

The marine environment of the region is characterised by shallow-water tropical marine ecosystems and a large area of continental shelf. Habitats include coral reefs, soft sediments, shelf, canyons and limestone pinnacles. The region is subject to extreme tidal regimes, monsoonal climatic patterns and a high incidence of cyclones. It is influenced by currents driven largely by strong winds and tides, with only minor influences from oceanographic currents.

The region has high species diversity and globally significant populations of internationally threatened species. Coral-reef systems of the region support some endemic species, but flora and fauna are generally typical of the Indo-West Pacific. Coral, invertebrates and phytoplankton are all highly diverse, and fish such as snapper, emperor and grouper are common higher-order predators of coral and rocky reef habitats. The region supports biologically important areas for a range of spectacular and unique species—seabirds, sharks, dolphins, and dugong (Dugong dugon). Six of the world’s seven species of marine turtle are known to occur in the region. Other species known to occur in the region include species of sawfish, sea snake, saltwater crocodile, seahorse and pipefish.

Further information about the region can be found in the Marine bioregional plan for the North Marine Region (2012) and the North marine bioregional plan: bioregional profile (2008) (available on the Department’s website), and the marine park values in Section 2.3 (Values of the North Network) and Schedule 2 of this plan.

Figure 2.1 North Marine Region

2.2    The North Marine Parks Network

The North Network (Figure 2.2) covers 157,480 km2 and includes eight marine parks. An overview of the marine parks and their values is provided in Schedule 2.

The North Network comprises the following marine parks:

  • Joseph Bonaparte Gulf Marine Park

  • Oceanic Shoals Marine Park

  • Arafura Marine Park

  • Arnhem Marine Park

  • Wessel Marine Park

  • Limmen Marine Park

  • Gulf of Carpentaria Marine Park

  • West Cape York Marine Park

Figure 2.2 North Marine Parks Network

2.3    Values of the North Network

Values are broadly defined as:

  • Natural values—habitats, species and ecological communities within marine parks, and the processes that support their connectivity, productivity and function.

  • Cultural values—living and cultural heritage recognising Indigenous beliefs, practices and obligations for country, places of cultural significance and cultural heritage sites.

  • Heritage values—non-Indigenous heritage that has aesthetic, historic, scientific or social significance.

  • Socio-economic values—the benefit of marine parks for people, businesses and the economy.

A summary of the values of the North Network is provided in Table 2.1. The values of individual marine parks are set out in Schedule 2. As outlined in Part 1, in managing marine parks, the Director will need to make decisions about what activities can occur in the marine parks and what actions to take to manage them. This will involve the Director making decisions that carefully balance the need to protect natural, cultural, heritage and socio-economic values of marine parks with enabling use and managing pressures.

In making these decisions, the Director will carefully consider the impacts and risks to natural, cultural, heritage or socio-economic values for the relevant marine park/s. The Director will also consider any positive impacts associated with allowing an activity, such as socio-economic or cultural benefits, and ensure that activities are undertaken in a manner that minimises negative impacts.

In marine parks where there is limited information, environmental features are used as indicators for the types of species and habitats likely to occur. These include bioregions, water depth, seafloor features and key ecological features (Schedule 3).

As understanding of marine park values improves over the life of this plan, the Director will make new information about values available on the Parks Australia website. Other important sources of information on values (also on the Department’s website) include:

  • Species profile and threats database for protected species;

  • Directory of important wetlands in Australia;

  • Australian heritage database for natural, historic and Indigenous heritage places;

  • Australian national shipwreck database for known shipwrecks;

  • National Conservation Values Atlas;

  • Marine bioregional plan for the North Marine Region (2012); and

  • North marine bioregional plan: bioregional profile (2008).

Table 2.1 Summary of values in the North Network

Statement of significance

The North Network was designed to protect representative examples of the region’s ecosystems and biodiversity in accordance with the Goals and principles for the establishment of the National Representative System of Marine Protected Areas in Commonwealth waters (ANZECC, 1998).

Natural values

Bioregions—the North Marine Region is divided into areas of ocean with broadly similar characteristics based on the distribution of marine species and seafloor features. The Network represents examples of the region’s marine environments including ecosystems, species and habitats. There are four bioregions represented in the North Network (Schedule 2).

Key ecological features—elements of the marine environment considered to be of importance for biodiversity or ecosystem function and integrity, represented in the Network are:

·      Carbonate banks and terrace system of the Sahul Shelf;

·      Pinnacles of the Bonaparte Basin;

·      Carbonate bank and terrace system of the Van Diemen Rise;

·      Shelf break and slope of the Arafura Shelf;

·      Tributary canyons of the Arafura;

·      Gulf of Carpentaria basin;

·      Plateaux and saddle north-west of the Wellesley Islands; and

·      Submerged coral reefs of the Gulf of Carpentaria coastal zone.

Species and habitats—all species and habitats are important components of the ecosystems represented in the North Network. Many species are protected under the EPBC Act and international agreements such as the Convention on the Conservation of Migratory Species (CMS or Bonn Convention), the Japan–Australia Migratory Bird Agreement (JAMBA), the China–Australia Migratory Bird Agreement (CAMBA), and the Republic of Korea–Australia Migratory Bird Agreement (ROKAMBA). Further information on these agreements is in Schedule 1.

The North Network supports important habitats, including biologically important areas, for a range of protected species. Biologically important areas are where aggregations of individuals of a protected species breed, forage or rest during migration. More information on protected species and biologically important areas can be found in the Marine bioregional plan for the North Marine Region (2012) and the conservation values atlas on the Department’s website.

Cultural values

Aboriginal people and Torres Strait Islanders have been sustainably using and managing their sea country for tens of thousands of years, in some cases since before rising sea levels created these marine environments. Sea country refers to the areas of the sea that Aboriginal and Torres Strait people are particularly affiliated with through their traditional lore and customs. Sea country is valued for Indigenous cultural identity, health and wellbeing.

Aboriginal and Torres Strait Islander people continue to assert inherited rights and responsibilities over sea country within the North Network. It is recognised that sea country extends from terrestrial areas into nearshore and offshore waters; and that songlines traverse sea country. Sacred sites are also located in marine parks in the North Network and marine animals are recognised for their spiritual values, and their importance for the health and wellbeing of communities.

Within the North Network, Aboriginal and Torres Strait Islander people continue to actively manage sea country. Many groups have prepared sea country management plans and undertake work to protect and monitor the health of culturally significant and threatened species like marine turtles. Some groups have dedicated Indigenous Protected Areas (IPAs) over sea country, and more groups are in the process of establishing IPAs over their sea country. IPAs overlap the Wessel and Gulf of Carpentaria Marine Parks.

In the Torres Strait, in recognition of the cultural value of dugong, a dugong sanctuary has been voluntarily established under the Torres Strait Fisheries Act 1984. This sanctuary extends over much of the West Cape York Marine Park. This sanctuary bans harvest of dugong by Torres Strait Islanders in an area where they are known to be abundant.

Native title determinations have also been made over sea country within the North Network. Such declarations have recognised native title exists over waters within the Arafura and the Gulf of Carpentaria Marine Parks. These native title determinations recognise in law the continuing rights of these groups for sea country in these marine parks.

Figure 2.3 shows the Indigenous Protected Areas and Dugong Sanctuary established in or near the North Network.

Heritage values

Protected places (world, national and Commonwealth heritage, historic shipwrecks)

The EPBC Act protects matters of national environmental significance that are classified as protected places, including world heritage properties and national heritage places. Places on the Commonwealth Heritage List or shipwrecks listed under the Historic Shipwrecks Act 1976 are also protected places.

Historic shipwrecks are a unique historic value and the region is an area of considerable importance in Australia’s maritime history. There are approximately 500 known historic shipwrecks in and adjacent to the region; five are in the North Network: A.D.C (1886), Ada (1886), Douglas Mawson (1923), Mystery (1902) and Wild Duck (1876).

More information on located wrecks and shipwrecks historically reported as lost can be found in the Australian national shipwrecks database.

Social and economic values

The North Network supports a range of important social and economic uses that underpin the prosperity and wellbeing of regional communities (Figure 2.4).

Shipping, port-related activities, commercial fishing and aquaculture are industries of national economic significance. The Network also provides some opportunity for offshore mining operations.

Marine tourism such as charter fishing, snorkelling, diving and wildlife watching are also important commercial activities that offer unique visitor experiences on reefs, islands and in deep water environments. The Network also supports a range of recreational activities including fishing.

Figure 2.3 Indigenous Protected Areas and Dugong Sanctuary established in or near the North Network

2.4    Pressures in the North Network

Pressures are human-driven processes, events and activities that, if left unchecked, may impact on marine park values. Contemporary drivers of environmental change in the marine environment include population growth and economic activity, and related pressures such as increased vessel activity, marine debris, climate extremes, and ocean warming. Figure 2.4 shows the types of uses occurring across the North Network. These present key challenges for biodiversity conservation and sustainable management of our marine resources.

Australia’s 2016 State of the environment report reviewed pressures on Australia’s marine environment and determined that they were low by global standards. However, given that more than 85 per cent of Australians live within 50 km of the sea, and with Australia’s population of approximately 24.4 million projected to grow to 39.7 million by 2055, pressures on the marine environment are likely to increase.

Although pressures on marine ecosystems and biodiversity in the North Network may change over time, examples of pressures in the Network are outlined in Table 2.2. Research in the Great Barrier Reef Marine Park and elsewhere in the world has demonstrated that effective management of marine parks, helps to maintain the resilience of marine ecosystems and their ability to withstand and recover from such pressures.

In determining the management actions to be taken in the North Network and in making decisions about the activities that will be allowed to occur within marine parks, the Director will carefully consider how the values outlined in Section 2.3 and in Schedule 2 will be impacted by these pressures now and in the future.

Pressures such the extraction of living resources by fishing, and habitat modification through installation of infrastructure and anchoring will be managed in part through the zones and rules set out in Parts 3 and 4 of this plan.

Table 2.2 Summary of pressures in the North Network

Climate change

The impacts of climate change on the marine environment are complex and may include changes in sea temperature, sea level, ocean acidification, sea currents, increased storm frequency and intensity, species range extensions or local extinctions, all of which have the potential to impact on marine park values. The International Panel on Climate Change recognises climate change as a major contributor to Australian marine ecosystem changes since 2007. Examples of habitats, key ecological features, and species vulnerable to the effects of climate change include the submerged coral reefs of the Gulf of Carpentaria and pinnacles of the Bonaparte Basin, and species of sawfish, shark, dolphin, seabird, marine turtle and dugong.

Changes in hydrology

Rivers, estuaries and other waterways have the potential to discharge increased sediment loads and pollutants into the marine environment from activities such as coastal development and agriculture. This can result in increased turbidity and siltation, impacting on species that inhabit or spawn in coastal, estuary and offshore waters. Examples of habitats and species vulnerable to changes in hydrology include reef and seagrass habitats, the Gulf of Carpentaria coastal zone, and species of sawfish, shark and dugong.

Extraction of living resources

Australia’s world class fisheries management, led by Commonwealth, state and territory governments is important for ensuring sustainable fishing practices. Fishing, including illegal, unregulated and unreported fishing (including illegal foreign fishing), can modify natural populations of target species. Bycatch of non-target species and/or physical disturbance to habitats can result from certain fishing methods, and may therefore impact on marine park values. Examples of habitats, key ecological features and species vulnerable to such impacts include reef and shoal habitats, the pinnacles of the Bonaparte Basin, and species of shark, sawfish, dolphin, marine turtle, sea snake, fish and dugong.

Habitat modification

Commonwealth, state and territory governments play an important role in managing activities in the marine environment. For example, the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) works with the mining industry to ensure their environment plans address environmental management issues. Impacts on habitat in marine parks can occur directly through physical disturbance or indirectly through the presence of infrastructure. For example, benthic communities are vulnerable to the discharge of sediments which can result in localised smothering of benthic biota and or reduction in the quality and quantity of light received at the seabed. In addition, modification of natural light through the installation of lighting associated with infrastructure can cause changes in animal behaviour. Examples of habitats and species vulnerable to habitat modification pressures include reef, shoal and pinnacle habitats, the tributary canyons of the Arafura Depression and Gulf of Carpentaria coastal zone, and species of marine turtle, fish, sea snake, dolphin and dugong.

Human presence

Activities such as wildlife watching are a drawcard for people visiting marine parks. While enjoying the wildlife experience, it is important to be aware of the potential impacts of human presence on the natural behaviour of wildlife. Activities such as boating, camping, diving and snorkelling have the potential to impact marine park values directly through contact from collision or indirectly through changes in behaviour from disturbance. These activities may result in changes to wildlife behaviour such as nesting, breeding, feeding or resting, or may damage fragile marine environments e.g. reefs. Examples of habitats and species vulnerable to human disturbance include reef habitats, marine turtles and seabirds.

Invasive species

Invasive species have the potential to impact on park values directly and indirectly. Potential sources of invasive species include vessel ballast and bilge water discharge, vessel biofouling, accidental or deliberate transport of species, and land-based activities. Islands, reefs and other shallow-water ecosystems and native species are vulnerable to invasive species, with direct impacts from predation or damage to important habitat e.g. nesting habitat, and indirect impacts from competition with native species for habitat and food. Examples of habitats, key ecological features, and species vulnerable to the impacts of invasive species include reef habitats and species of nesting marine turtle, seabird and saltwater crocodile.

Marine pollution

Marine and land-based activities have potential to result in marine pollution which may impact on marine park values. Pollution includes the emission of noise or light, marine debris (for example, plastics and lost fishing gear), and discharge of oil, chemicals or waste. Pollution can be detrimental to marine life, causing contamination of ecosystems, entanglement, or can be ingested by marine species. Examples of habitats, key ecological features and species vulnerable to marine pollution include islands, reefs and other shallow-water habitats, the Gulf of Carpentaria basin, the plateaux and saddle north-west of the Wellesley Islands, and species of dolphin, whale, marine turtle, sawfish, shark, seabird and dugong.

Further information on pressures in the region is provided in the Marine bioregional pan for the North Marine Region (2012).

Figure 2.4 Direct use in the North Network

2.5    Management programs and actions in the North Network

As outlined in Part 1, the Director will proactively implement management programs and actions to protect marine parks from threats and pressures, to minimise damage, and to rehabilitate and improve the resilience of marine parks.

These management programs and actions will be implemented on a national scale across all Australian Marine Parks. In addition, specific actions will be undertaken in the North Network. Table 2.3 outlines the management programs and actions likely to be undertaken in the North Network. These programs and actions may change during the life of this plan as new information and approaches become available. Additional actions will be developed in partnership with stakeholders through a network advisory committee and in implementation plans.

Table 2.3 Management programs, outcomes and actions in the North Network

Communication, education and awareness program

Actions to improve awareness, understanding and support for marine parks and park management.

Outcome

·      Increased awareness, understanding and support for marine parks.

Actions—the Director will

under a national program:

·      develop a marketing and communication strategy for Australian Marine Parks to raise awareness and understanding of marine park values and the contribution marine parks make to enhancing Australia’s wellbeing,

·      develop online information resources to facilitate awareness of marine park values, management arrangements and visitor opportunities,

·      maximise the use of new technologies and partnerships (including with schools, universities, museums and non-government organisations) to inspire people of all ages to become involved in marine park management and protection,

·      establish network advisory committees to ensure users and interested stakeholders have on-going input to the management of Australian Marine Parks, and

·      develop a customer focussed approach to tracking the aspirations and concerns of stakeholders in relation to marine parks.

in the North Network:

·      develop information on marine parks in the Network to encourage increased awareness and understanding of their values and management arrangements,

·      provide infrastructure in and adjacent to the Network, such as signs and marker buoys, to increase understanding of marine park values and rules, particularly at sites that are regularly visited, and

·      establish a North Network advisory committee to support and collaborate with the Director in management.

Tourism and visitor experience program

Actions to provide for and promote a range of environmentally appropriate, high-quality recreation and tourism experiences and contribute to Australia’s visitor economy.

Outcomes

·      High-quality visitor experiences that are appealing, engaging and raise awareness of the natural and cultural values of marine parks.

·      Increased visitation to marine parks.

·      Social and economic benefits from the contribution of marine parks to Australia's visitor economy.

Actions—the Director will

under a national program:

·      develop a sustainable tourism and visitor experience strategy for Australian Marine Parks,

·      work with national, state and local tourism authorities and operators to maximise the value of a sustainable ecotourism opportunities associated with marine parks,

·      develop a commercial tourism authorisation system to encourage best-practice and eco-accredited businesses operating in Australian Marine Parks,

·      work with Tourism Australia and state and regional tourism authorities and the fishing industry to market and promote Australian Marine Parks, including opportunities to promote locally caught and sustainably caught seafood,

·      promote culturally sensitive tourism by encouraging tourism operators to liaise with traditional owners, and

·       work with tourism operators and Indigenous people to recognise and promote cultural values and cultural tourism opportunities,

·      monitor visitor trends and levels of satisfaction with marine park experiences and products.

in the North Network:

·      promote visitor experiences that foster curiosity and appreciation of natural and heritage values in the Network,

·      work with other Commonwealth, state and territory government agencies, and the tourism industry to support tourism initiatives, events and attractions that promote visitor experiences in marine parks, and

·      facilitate partnerships between Indigenous people and tourism operators.

Indigenous engagement program

Actions to recognise and respect the ongoing cultural responsibilities of Indigenous people to care for sea country and support multiple benefits for traditional owners.

Outcomes

·      Social, cultural and economic benefits for traditional owners.

·      Partnerships with traditional owners and Indigenous groups to manage sea country in marine parks.

Actions—the Director will

under a national program:

·      develop an Australian Marine Parks Indigenous engagement and cultural heritage strategy, to improve understanding of cultural heritage, link management with sea country plans and maximise employment and enterprise opportunities for traditional owners,

·      develop agreements to support Indigenous ranger programs to deliver management in marine parks, and

·      provide information to Indigenous people about marine park management.

in the North Network:

·      collaborate with traditional owners and Indigenous ranger groups and relevant partners to undertake marine park management such as surveillance, monitoring and threat mitigation including marine debris removal, and implement actions identified in sea country plans where applicable,

·      ,identify opportunities and mechanisms to engage traditional owners and Indigenous rangers in the management of marine parks,

·      increase understanding of traditional knowledge, map cultural values and manage significant sites,

·      implement cultural awareness training for Parks Australia staff in association with traditional owners, and

·      establish protocols for researchers working with Parks Australia to guide engagement with traditional owners.

Marine science program

Actions to provide necessary scientific knowledge and understanding of marine park values, pressures and adequacy of responses for effective management.

Outcomes

·      Increase understanding of marine park values, pressures and adequacy of responses.

·      Improve understanding of the effectiveness of marine park management in protecting park values.

·      Informed decision-making and improved evidence-based decisions.

Actions—the Director will

under a national program:

·      establish ecological, social and economic baselines to support evidence-based decision-making and adaptive management,

·      develop an Australian Marine Parks science strategy to prioritise and encourage research and monitoring of park values, pressures and management effectiveness, and foster science communication and knowledge uptake, 

·      encourage and facilitate knowledge brokering to support collaboration and partnerships with the science community, private enterprise, citizen science organisations and other Commonwealth, state and territory agencies,

·      establish an authorisation system for scientific research and monitoring by third parties, and encourage data to be made publicly available through appropriate information portals such as the Australian Ocean Data Network,

·      collaborate with the science community (including through the National Marine Science Committee and the National Environmental Science Program) and other marine park users to assist in improving the understanding of marine park values, pressures and management effectiveness, and

·      collaborate with the science community and other government agencies to increase the use of innovative and effective technology and systems including sensor technology.

in the North Network:

·      monitor social and economic uses and their benefits and impacts on marine parks.

·      monitor the condition of important habitats such as reef systems and their vulnerability to climate change,

·      monitor the impact of invasive species on marine park values and the effectiveness of management,

·      collaborate with other Commonwealth, state and territory government agencies, marine park users and the science sector to support long-term monitoring. For example, monitoring of coral reefs, protected species and the effects of fishing on marine parks, and

·      investigate opportunities to extend citizen science programs.

Assessments and authorisations program

Actions to provide for efficient, effective, transparent and accountable assessment, authorisation and monitoring processes to enable sustainable use and protection of marine park values.

Outcome

·      Assessments and authorisations ensure ongoing protection of marine park values through the management of activities in marine parks.

Actions—the Director will

under a national program:

·      develop and apply best-practice approaches to regulation and decision-making in the authorisation of activities within marine parks. This includes developing policy to ensure assessment and authorisation requirements are clearly articulated and that decision making is robust, consistently applied, and transparent to all marine park users,

·      collaborate with industry to investigate innovative technologies and systems (including vessel monitoring systems) that can assist businesses and individuals to comply with regulatory requirements,

·      develop an effective and efficient process to assess new technologies and gear types to allow for the use of new equipment during the life of this plan if appropriate, 

·      develop a guarantee of service for the regulated community that includes a commitment to work with key marine park users and interest groups whose interests are likely to be affected by regulatory decisions, and

·      develop a customer focused online authorisation system for marine park users that includes publishing authorisations issued by Parks Australia on its website.

in the North Network:

·      issue authorisationsa permit, class approval, activity licence or leasefor activities in marine parks assessed as acceptable either by the Director or another government or industry policy, plan or program accepted by the Director, and

·      work with other Commonwealth, state and territory government agencies to improve experiences and consistency of approaches for people seeking authorisations.

Park protection and management program

Timely and appropriate preventative and restorative actions to protect natural, cultural and heritage values from impacts.

Outcome

·      Impact of pressures on marine park values are minimised as far as reasonably practicable.

Actions—the Director will

under a national program:

·      apply a risk-based assessment process to prioritise park protection and management actions,

·      develop an Australian Marine Parks critical incident strategy in collaboration with the Australian Maritime Safety Authority and other responsible agencies to respond to critical incidents,

·      develop a mooring and anchoring strategy to protect marine park values and improve visitor experience,

·      support the removal of marine debris and ghost nets from marine parks through partnerships with Commonwealth, state and territory government agencies and other organisations involved in the management of marine debris, and

·      contribute to actions, where appropriate, that support Australia's obligations under international agreements and national environmental law. This includes the World Heritage Convention, Ramsar Convention, recovery plans, wildlife conservation plans and threat abatement plans.

in the North Network:

·      enable infrastructure such as moorings to protect habitats and enhance visitor safety,

·      collaborate with and support other agencies that undertake invasive and protected species management and marine debris removal. For example, biosecurity assessments, research, or removal of ghost nets,

·      work with other Commonwealth, state and territory government agencies to respond to environmental incidents and accidents, and

·      collaborate with traditional owners and Indigenous ranger groups to undertake management actions.

Compliance program

Actions to support appropriate and high level compliance by marine park users with the rules set out in this plan.

Outcomes

·      Improved user awareness of marine park rules.

·      Increased levels of voluntary compliance and self-regulation by marine park users.

·      High overall levels of compliance with the rules by marine park users.

·      A decrease in the number of non-compliances.

Actions—the Director will

under a national program:

·      apply a risk-based approach to compliance planning, targeted enforcement and compliance auditing,

·      collaborate with Australian, state and territory government agencies by sharing assets and information,

·      investigate the use of new technologies and warning systems to assist in the detection of potential illegal activities, and

·      work with marine park users to promote understanding of the rules for activities and how to comply.

in the North Network:

·      work with other Commonwealth, state and territory government agencies, particularly where parks adjoin state or territory marine parks, in compliance planning, including implementing actions to deter illegal activities and encourage voluntary compliance, and

·      collaborate with Commonwealth, state and territory government agencies in surveillance, including water and aerial patrols.

Chapter 2
Management and prescriptions

Barracuda (Robert Thorn)

Part 3.      Zoning

Olive seasnake (Erik Schlogl)

3.1    Zone categories, names and objectives

The EPBC Act requires this plan to assign an IUCN category to each marine park. The Act also allows this plan to divide a marine park into zones and to assign a category to each zone, which may differ from the overall category of the marine park. Schedule 8 of the EPBC Regulations prescribes the Australian IUCN reserve management principles applicable to each category (Schedule 1).

This Part assigns an IUCN category to each marine park of the North Network, divides some marine parks into zones with their own category and sets out the objectives for each zone (Table 3.1). Zoning takes into account the purposes for which the marine parks were declared, the objectives of this plan (Section 1.4), the values of the marine park (Schedule 2), and the requirements of the EPBC Act and EPBC Regulations. Figure 3.1 and maps in Schedule 2 show the zones assigned to the North Network, Schedule 4 describe the zones assigned, and the management approach applied to activities within these zones is provided in Part 4. An overview of the North Network marine parks and zones is provided in Table S2.1.

Prescriptions

3.1.1.Each marine park in the North Network specified in Table 3.1 is assigned to the IUCN category specified in column 2 of Table 3.1.

3.1.2.Arnhem Marine Park and Limmen Marine Park are given the zone names specified in column 3 of Table 3.1, adjacent to the name of the marine park (column 1).

3.1.3.Joseph Bonaparte Gulf, Oceanic Shoals, Arafura, Wessel, Gulf of Carpentaria and West Cape York Marine Parks are each divided into the zones shown in Figure 3.1 and more specifically shown in marine park maps in Schedule 2, and described in Schedule 4, and each zone is assigned to an IUCN category and given the zone name, specified in column 3 of Table 3.1, adjacent to the name of the marine park (column 1).

3.1.4.The objective of a Special Purpose Zone (VI) is to provide for ecologically sustainable use and the conservation of ecosystems, habitats and native species, while applying special purpose management arrangements for specific activities.

Note: there are two types of Special Purpose Zone (VI) in the North Network used to allow or restrict certain commercial fishing activities.

3.1.5.The objective of the Multiple Use Zone (VI) is to provide for ecologically sustainable use and the conservation of ecosystems, habitats and native species.

3.1.6.The objective of the Habitat Protection Zone (IV) is to provide for the conservation of ecosystems, habitats and native species in as natural a state as possible while allowing activities that do not harm or cause destruction to seafloor habitats.

3.1.7.The objective of the National Park Zone (II) is to provide for the protection and conservation of ecosystems, habitats and native species in as natural a state as possible.

Table 3.1 North Network zoning and marine park management categories

Column 1

Marine park

name

Column 2

IUCN category

Column 3

Zone name and IUCN category

Special Purpose Zone (Trawl)

(VI)

Special Purpose Zone

(VI)

Multiple Use
Zone

(VI)

Habitat Protection Zone

(IV)

National Park Zone

(II)

Joseph Bonaparte Gulf VI ü ü
Oceanic Shoals VI ü ü ü ü
Arafura VI ü ü ü
Arnhem VI ü
Wessel IV ü ü
Limmen IV ü
Gulf of Carpentaria VI ü ü
West Cape York IV ü ü ü

ü   Zone is assigned to the marine park named in column 1. Sections 3.1.2 and 3.1.3 of this plan explain the assignment of zones.

Note: The North Network has two types of Special Purpose Zone (VI): Special Purpose Zone (VI) and Special Purpose Zone (Trawl) (VI). The variation in management approach for this zone is prescribed in Part 4.

Figure 3.1 North Marine Parks Network showing zones

Part 4.      Managing activities

Australian Snubfin dolphin (Deborah Thiele)

4.1    Outline of Part 4

This plan enables a range of activities to be conducted that would otherwise be prohibited or controlled by the EPBC Act and EPBC Regulations (Schedule 1). This Part sets out for marine parks of the North Network, which activities are:

a)     allowed, without the need for authorisation, where consistent with zone objectives (Part 3) and conducted in accordance with this Part;

b)    allowable, and able to be conducted if an authorisation is issued (Section 4.4 Authorisation of allowable activities); or

c)     not allowed, because they are not consistent with zone objectives (Part 3).

For those activities that are allowed or allowable, this Part also sets out:

a)     the assessment and decision-making process for authorising an activity (Section 4.3 Making decisions about activities);

b)    the types of authorisations that may be issued (permits, class approvals, activity licences and leases) (Section 4.4 Authorisation of allowable activities); and

c)     how activities must be undertaken in marine parks of the North Network (Section 4.2 Rules for activities).

The rules support an adaptive management approach to respond to new information. Any changes to the management of activities would be made in accordance with Section 4.3.1 (Decision-making).

Depending on the type of activity, other provisions of the EPBC Act or other legislation (e.g. fisheries and mining laws) may also apply to an allowed or allowable activity (Schedule 1).

In accordance with s.359A of the EPBC Act, this plan does not prevent Indigenous people from continuing, in accordance with law, the traditional use of an area in a marine park for non-commercial hunting or food gathering, and for ceremonial and religious purposes. Section 8 of the EPBC Act provides that this plan does not affect the operation of the Native Title Act 1993, which also includes provisions that preserve customary rights to use land and waters (Schedule 1).

4.2    Rules for activities

This plan enables activities to be conducted in zones consistent with the zone objectives (Part 3) while enabling the impacts to be effectively managed. The prescriptions in Section 4.2.1 (General use, access, and waste management) apply to all marine park users of the North Network. Sections 4.2.2 to 4.2.12 prescribe the rules applying to particular uses. Section 4.2.13 (New activities and authorisations) enables new activities to be considered and new forms of authorisation to be used. Table 4.1 provides a summary of the rules for activities in zones assigned to marine parks of the North Network. The zones are shown in Figure 3.1 and more specifically shown in marine park maps in Schedule 2, and described in Schedule 4.

Table 4.1 Summary of rules for activities in the North Network (provided in Part 4)

Activity

Special Purpose Zone (Trawl)

(VI)

Special Purpose Zone

(VI)

Multiple Use Zone

(VI)

Habitat

Protection Zone

(IV)

National Park Zone
(II)

GENERAL USE,  ACCESS, AND WASTE MANAGEMENT

(Section 4.2.1)

ü ü ü ü ü

COMMERCIAL SHIPPING

(Section 4.2.2)

ü ü ü üB üB

COMMERCIAL FISHING

(Section 4.2.3)

A A A A x B

PEARLING

(Section 4.2.4)

A A A A xB

AQUACULTURE

(Section 4.2.5)

A A A A x

COMMERCIAL MEDIA

(Section 4.2.6)

A A A A A

COMMERCIAL TOURISM

(Section 4.2.7)

A A A A A

RECREATIONAL FISHING

(Section 4.2.8)

ü ü ü ü x

MINING

(Section 4.2.9)

A A A x x

STRUCTURES AND WORKS

(Section 4.2.10)

A A A A A

RESEARCH AND MONITORING

(Section 4.2.11)

A A A A A

NATIONAL SECURITY AND EMERGENCY RESPONSE

(Section 4.2.12)

ü ü ü ü ü

ü             Activity is allowed in accordance with the prescriptions of this plan without the need for a permit, class approval or activity licence or lease issued by the Director.

x              Activity is not allowed.

A             Authorisation required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director.

B             Anchoring is not allowed except in anchoring areas determined under r.12.56 of the EPBC Regulations.

4.2.1     General use, access, and waste management

The prescriptions in this Section apply to all marine park users of the North Network, including those carrying out activities provided for under this plan. These are summarised in Table 4.2.

The EPBC Act and EPBC Regulations control or enable the Director to control a range of activities in marine parks. Some provisions apply to particular classes of activities, such as commercial activities, mining operations or research. Other provisions relate to activities generally and include provisions (Schedule 1) enabling the Director to determine areas where waste may be disposed of, prohibit or restrict entry or activities, determine adventurous activities and areas where adventurous activities may be done, make determinations about the use of vessels, including to prohibit use, control anchoring and mooring, and set speed limits, and make determinations about the use of aircraft in and over marine parks. The taking-off and landing of an aircraft in a marine park can only be conducted in an area determined by the Director (r.12.58).

The EPBC Regulations prohibit ballast water discharge or exchange, disposal of domestic and industrial waste, camping (including overnight stays on vessels), and the operation of a drone in Australian Marine Parks unless authorised by or under a management plan. Under this plan, waste from normal operations of vessels must be compliant with requirements under the International Convention for the Prevention of Pollution from Ships (MARPOL), and the International Maritime Organisation (IMO) convention covering prevention of pollution of the marine environment by ships from operational or accidental causes. Ballast water discharge and exchange must be compliant with Australian ballast water management requirements administered by the Australian Maritime Safety Authority.

Table 4.2 Summary of prescriptions for general use, access, and waste management in the North Network

GENERAL USE,  ACCESS, AND WASTE MANAGEMENT

Activity

Special Purpose Zone (Trawl)

VI

Special Purpose Zone

VI

Multiple Use Zone

VI

Habitat

Protection Zone

IV

National Park Zone
II
Ballast water discharge and exchange (compliant with Australian ballast water requirements) ü ü ü ü ü
Disposal of waste from normal operations of vessels (compliant with MARPOL requirements) ü ü ü ü ü
Camping A A A A A
Recreational use (non-fishing, nature watching, boating, etc.) ü ü ü ü ü
Non-commercial remote piloted aircraft, drones etc. A A A A A

ü   Activity is allowed in accordance with the prescriptions of this plan without the need for a permit, class approval or activity licence or lease issued by the Director.

A   Authorisation required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director.

Note: Disposal of waste from normal operation of vessels must comply with MARPOL requirements.

Prescriptions

4.2.1.1   The Director may make, amend and revoke prohibitions, restrictions and determinations under rr.12.23, 12.23A, 12.26, 12.56 and 12.58 of the EPBC Regulations where it is considered necessary:

a)to protect and conserve biodiversity and other natural, cultural and heritage values; or

b)to ensure human safety or visitor amenity; or

c)where it is otherwise necessary to give effect to this plan;

and the Director may issue an authorisation for an activity that would otherwise be prohibited by such an instrument. This Section applies despite the prescriptions in Sections 4.2.3 to 4.2.13.

4.2.1.2   Waste from normal operations may be disposed of from vessels to which the International Convention for the Prevention of Pollution from Ships (MARPOL) (Schedule 1) applies, in accordance with the requirements of MARPOL.

4.2.1.3   Disposal of waste in connection with activities authorised under Section 4.2.10 (Structures and works) will be managed in accordance with that Section.

4.2.1.4   Ballast water may be discharged or exchanged subject to compliance with:

a)the Australian ballast water management requirements and relevant state ballast water management arrangements; and

b)relevant Commonwealth and state legislation or international agreements (if any) relating to ballast water management.

4.2.1.5   A person may camp in areas above the high water mark in accordance with a permit.

Note: Camping in connection with commercial tourism activities must be authorised under Section 4.2.7 (Commercial tourism)

4.2.1.6   Overnight stays on vessels do not require a permit to camp.

4.2.1.7   Remote piloted aircraft may be operated for non-commercial purposes in accordance with a permit, relevant provisions of Part 8 of the EPBC Regulations, and applicable aviation safety laws.

Note: Operation of remote piloted aircraft in connection with commercial media activities, commercial tourism activities, or research and monitoring must be authorised under Section 4.2.6, Section 4.2.7 or Section 4.2.11 respectively.

4.2.2     Commercial shipping (other than commercial fishing and aquaculture vessels)

The prescriptions in this Section set out the rules for anchoring and transit of commercial ships in the North Network. These are summarised in Table 4.3.

Australia is a party to a number of international agreements relevant to commercial shipping, in particular the United Nations Convention on the Law of the Sea (UNCLOS) and MARPOL (Schedule 1). UNCLOS provides a right of innocent passage through the territorial sea for foreign vessels, and a right of freedom of navigation through Australia’s exclusive economic zone. This Section places some limits on the exercise of these rights in some zones. The limitations are necessary to protect marine park values, apply to all commercial shipping, and are consistent with Australia's rights and obligations under UNCLOS.

There are also a range of national laws, policies and procedures relevant to commercial shipping including the National plan for maritime environmental emergencies in relation to maritime pollution incidents and the Biosecurity Act 2015 and Australian ballast water management requirements in relation to ballast water discharge. Prescriptions dealing with waste disposal and ballast water discharge and exchange are in Section 4.2.1 (General use, access, and waste management).

Rules for transit and anchoring of vessels engaged in commercial fishing, pearling and aquaculture activities are dealt with in Sections 4.2.3 to 4.2.5.

Table 4.3 Summary of prescriptions for commercial shipping activities in the North Network

COMMERCIAL SHIPPING

Activity

Special Purpose Zone (Trawl)

VI

Special Purpose Zone

VI

Multiple Use Zone

VI

Habitat

Protection Zone

IV

National Park Zone
II
Anchoring ü ü ü xB xB
Vessel transiting ü ü ü ü ü

ü   Activity is allowed in accordance with the prescriptions of this plan without the need for a permit, class approval or activity licence or lease issued by the Director.

x    Activity is not allowed.

B   Anchoring is not allowed except in anchoring areas determined under r.12.56 of the EPBC Regulations.

Note: Ballast water exchange is managed under national arrangements. Restrictions may apply in some areas (Section 4.2.1 General use, access, and waste management).

Prescriptions

4.2.2.1   Commercial ships may transit through the North Network subject to compliance with the prescriptions in Section 4.2.1 (General use, access, and waste management) and relevant prescriptions in Sections 4.2.6 to 4.2.13 relating to the activity in which shipping is involved.

4.2.2.2   Commercial ships may stop and anchor in a:

a)Special Purpose Zone (Trawl) (VI);

b)Special Purpose Zone (VI);

c)Multiple Use Zone (VI); and

d)Habitat Protection Zone (IV), and National Park Zone (II) in anchoring areas determined under r.12.56 of the EPBC Regulations.

Note: This Section does not prevent stopping and anchoring outside a determined anchoring area in an IUCN category (IV) or (II) zone due to circumstances of force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.

Note: This Section does not prevent the carrying out of activities, including stopping and anchoring, as part of operations authorised under Sections 4.2.6 to 4.2.13 and r.12.56 of the EPBC Regulations.

4.2.3     Commercial fishing

The prescriptions in this Section set out the rules for commercial fishing activities in the North Network, including the types of fishing gear and methods allowed in different zones, and requirements for vessel monitoring systems. These are summarised in Table 4.4.

Commercial fishing is managed for sustainability by the Australian Government and state and territory fisheries management agencies. In the North Network commercial fishing is subject to regulation under the Fisheries Management Act 1991 (Fisheries Management Act) or Western Australian, Queensland or Northern Territory fisheries laws (under arrangements made under Part V of the Fisheries Management Act).

Research in connection with commercial fishing activities will be managed in accordance with Section 4.2.11 (Research and monitoring).

Use of fishing gear not allowed at commencement of this plan may be authorised after satisfactory assessment that supports an adaptive management approach.

Table 4.4 Summary of prescriptions for commercial fishing activities in the North Network

COMMERCIAL FISHING

Activity

Special Purpose Zone (Trawl)

VI

Special Purpose Zone

VI

Multiple Use Zone

VI

Habitat

Protection Zone

IV

National Park Zone
II
Dropline A A A A x
Hand collection (including using hookah, scuba, snorkel) A A A A x
Hand net (hand, barrier, skimmer, cast, scoop, drag, lift) A A A A x
Longline (demersal, auto-longline) x x x x x
Longline (pelagic) A A A A x
Minor line (handline, rod & reel, trolling, squid jig, poling) A A A A x
Net (demersal) A A x x x
Net (pelagic) A A x x x
Purse seine A A A A x
Trap, pot A A A x x
Trawl (demersal) A x x x x
Trawl (midwater) A x x x x
Trotline A A A x x

x    Activity is not allowed.

A   Authorisation required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence issued by the Director.

Note: Commercial fishing methods not listed in Table 4.4 will require assessment and approval.

Note: The authorisation of activities may be modified during the life of this plan in accordance with Section 4.2.3.6

Note: Transit is allowed as part of activities authorised under this Section.

Note: Anchoring by commercial fishing vessels is allowed except in the National Park Zone (II). Anchoring in the National Park Zone (II) is prohibited except in anchoring areas determined under r.12.56 of the EPBC Regulations. These requirements do not prevent stopping and anchoring due to circumstances of force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.

Prescriptions

4.2.3.1   Commercial fishing activities may be conducted in the North Network in accordance with and subject to:

a)a class approval issued under Section 4.4.2 (Class approvals); or

b)an activity licence issued under Section 4.4.3 (Activity licences and leases) to a person who is not covered by a class approval; and

c)the following prescriptions in this Section;

d)the prescriptions in Section 4.2.1 (General use, access, and waste management); and

e)any determinations made under r.12.34 of the EPBC Regulations.

4.2.3.2   Commercial fishing activities may be conducted in a:

a)Special Purpose Zone (Trawl) (VI);

b)Special Purpose Zone (VI);

c)Multiple Use Zone (VI); or

d)Habitat Protection Zone (IV).

4.2.3.3   Subject to Section 4.2.3.6 the following fishing gear must not be used:

a)Longline (demersal, auto-longline); or

b)Trawl (demersal, midwater) except in the Special Purpose Zone (Trawl) (VI).

4.2.3.4   Net (demersal, pelagic) must not be used in a Multiple Use Zone (VI) and Habitat Protection Zone (IV).

4.2.3.5   Traps and pots, and trotline must not be used in a Habitat Protection Zone (IV).

4.2.3.6   Subject to satisfactory assessment under Section 4.3.1 (Decision-making), expert advice, and consultation with fisheries management agencies and the commercial fishing industry, the Director may authorise the use of:

a)any fishing gear specified in Section 4.2.3.3 in a Special Purpose Zone (Trawl) (VI), Special Purpose Zone (VI), or Multiple Use Zone (VI); and

b)pelagic fishing gear specified in Section 4.2.3.3 in a Habitat Protection Zone (IV).

4.2.3.7   Fishing gear or methods not specified in a commercial fishing class approval or activity licence, or its conditions, must not be used.

Note: A class approval or activity licence may be varied under Section 4.4 (Authorisation of allowable activities) to specify additional fishing methods and gear types following satisfactory assessment in accordance with Section 4.3.1 (Decision-making).

4.2.3.8   Commercial fishing activities must be conducted in accordance with a commercial fishing concession issued under Commonwealth, state or territory fisheries laws to the extent those laws are capable of operating concurrently with this plan.

4.2.3.9   Commercial fishing vessels may transit through the North Network subject to compliance with the prescriptions in Section 4.2.1 (General use, access, and waste management) and Section 4.2.3.10.

4.2.3.10    Commercial fishing vessels may stop and anchor in a:

a)Special Purpose Zone (Trawl) (VI);

b)Special Purpose Zone (VI);

c)Multiple Use Zone (VI);

d)Habitat Protection Zone (IV); or

e)National Park Zone (II) in anchoring areas determined under r.12.56 of the EPBC Regulations in accordance with Section 4.2.1.1.

Note: This Section does not prevent stopping and anchoring outside a determined anchoring area in an IUCN category (II) zone due to circumstances of force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.

4.2.3.11    Fishing gear must be kept stowed and secured at all times during transit through, or while stopping and anchoring in, a zone in which fishing activities are not authorised.

4.2.3.12    Fishing gear that is:

a)specified in Sections 4.2.3.3 to 4.2.3.4;

b)not specified in a class approval or activity licence as gear that may be used; or

c)prohibited by a determination under r.12.34 of the EPBC Regulations;

d)must be kept stowed and secured at all times during transit through, or while stopping and anchoring in, zones in which that gear is not allowed.

4.2.3.13    Following consultation with the relevant fisheries management agencies and the commercial fishing industry, the Director may require all commercial fishing vessels transiting or conducting fishing activities in the North Network to carry an operating vessel identification and monitoring system.

Note: At the commencement of this plan vessel identification and monitoring systems were required on all vessels operating in Commonwealth managed fisheries. The conditions of a class approval or activity licence issued under Section 4.4 (Authorisation of allowable activities) may require the use of vessel identification and monitoring systems on all commercial fishing vessels operating in the North Network.

4.2.3.14    The Director may make determinations under r.12.34 of the EPBC Regulations relating to the conduct of commercial fishing.

4.2.4     Commercial pearling

The prescriptions in this Section set out the rules for commercial pearling in the North Network. These are summarised in Table 4.5.

Commercial pearling is managed under Queensland, Northern Territory and Western Australian laws relating to those activities. These laws apply to the extent that they can operate consistently with the EPBC Act and EPBC Regulations and this plan.

Research in connection with commercial pearling will be managed in accordance with Section 4.2.11 (Research and monitoring).

Table 4.5 Summary of prescriptions for commercial pearling activities in the North Network

COMMERCIAL PEARLING

Activity

Special Purpose Zone (Trawl)

VI

Special Purpose Zone

VI

Multiple Use Zone

VI

Habitat

Protection Zone

IV

National Park Zone
II
Pearling A A A A x

x    Activity is not allowed.

A   Authorisation required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director.

Note: Transit and anchoring is allowed as part of activities authorised under this Section.

Note: Anchoring by commercial pearling vessels is allowed except in the National Park Zone (II). Anchoring in the National Park Zone (II) is prohibited except in anchoring areas determined under r.12.56 of the EPBC Regulations. These requirements do not prevent stopping and anchoring due to circumstances of force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.

Prescriptions

4.2.4.1   Commercial pearling may be conducted in the North Network in accordance with and subject to:

2.2 Zones for marine park

(1) The Oceanic Shoals Marine Park is divided into the following zones:

(a) the National Park Zone (II) described in Section 2.3 of this Part;

(b) the Habitat Protection Zone (IV) described in Section 2.4 of this Part;

(c) the Multiple Use Zones (VI) described in Section 2.5 and 2.7 of this Part;

(d) the Special Purpose Zone (Trawl) (VI) described in Sections 2.6 of this Part.

2.3 Zone 1 (noocsnpz01) of marine park—National Park Zone (II)

Zone 1 (noocsnpz01) of the marine park consists of an area bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.

Zone1 (noocsnpz01) of marine park – National Park Zone (II)

Item

Description

1

The point of latitude 11° 00′ 00″ S, longitude 129° 46′ 00″ E

2

East along the parallel of latitude 11° 00′ 00″ S to its intersection by the meridian of longitude 129° 57′ 00″ E

3

South along that meridian to its intersection by the parallel of latitude 11° 11′ 00″ S

4

West along that parallel to its intersection by the meridian of longitude 129° 46′ 00″ E

5

North along that meridian to the point of commencement.

2.4 Zone 2 (noocshpz02) of marine park—Habitat Protection Zone (IV)

Zone 2 (noocshpz02) of the marine park consists of an area, excluding the zones described in Sections 2.4, bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.

Zone2 (noocshpz02) of marine park – Habitat Protection Zone (IV)

Item

Description

1

The point of latitude 10° 50′ 00″ S, longitude 129° 15′ 30″ E

2

East along the parallel of latitude 10° 50′ 00″ S to its intersection by the meridian of longitude 130° 06′ 00″ E

3

South along that meridian to its intersection by the parallel of latitude 11° 06′ 48″ S

4

South‑westerly along the geodesic to the point of latitude 11° 45′ 00″ S, longitude 129° 35′ 00″ E

5

West along the parallel of latitude 11° 45′ 00″ S to its intersection by the meridian of longitude 129° 15′ 30″ E

6

North along that meridian to the point of commencement.

2.5 Zone 3 (noocsmuz03) of marine park—Multiple Use Zone (VI)

Zone 3 (noocsmuz03) of the marine park consists of an area bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.

Zone3 (noocsmuz03) of marine park – Multiple Use Zone (VI)

Item

Description

1

The point of latitude 12° 42′ 00″ S, longitude 126° 04′ 00″ E

2

North along the meridian of longitude 126° 04′ 00″ E to its intersection by the parallel of latitude 11° 29′ 20.0799″ S

3

North-easterly along the geodesic to the point of latitude 11° 26′ 00.0144″ S, longitude 126° 11′ 59.9804″ E

4

North-easterly along the geodesic to the point of latitude 11° 21′ 00.0144″ S, longitude 126° 27′ 59.9803″ E

5

North-easterly along the geodesic to the point of latitude 11° 20′ 00.0144″ S, longitude 126° 30′ 59.9803″ E

6

Easterly along the geodesic to the point of latitude 11° 20′ 02.9144″ S, longitude 126° 31′ 58.3803″ E

7

Easterly along the geodesic to the point of latitude 11° 20′ 02.9000″ S, longitude 126° 31′ 58.4024″ E

8

Easterly along the geodesic to the point of latitude 11° 19′ 40.8957″ S, longitude 126° 47′ 08.3977″ E

9

Easterly along the geodesic to the point of latitude 11° 17′ 30.8929″ S, longitude 126° 57′ 11.3939″ E

10

Easterly along the geodesic to the point of latitude 11° 17′ 24.8925″ S, longitude 126° 58′ 17.3935″ E

11

Easterly along the geodesic to the point of latitude 11° 14′ 18.8833″ S, longitude 127° 31′ 37.3819″ E

12

South-easterly along the geodesic to the point of  latitude 11° 45′ 00″ S, longitude 128° 06′ 00″ E

13

South along the meridian of longitude 128° 06′ 00″ E  to its intersection by the parallel of latitude 12° 42′ 00″ S

14

West along that parallel to the point of commencement

2.6 Zone 4 (noocsspt04) of marine park—Special Purpose Zone (Trawl) (VI)

Zone 4 (noocsspt04) of the marine park consists of an area bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.

Zone4 (noocsspt04) of marine park – Special Purpose Zone (Trawl) (VI)

Item

Description

1

The point of latitude 11° 45′ 00″ S, longitude 129° 15′ 30″ E

2

West along the parallel of latitude 11° 45′ 00″ S to its intersection by the meridian of longitude 128° 06′ 00″ E

3

North-westerly along the geodesic to the point of latitude 11° 14′ 18.8833″ S, longitude 127° 31′ 37.3819″ S

4

North-easterly along the geodesic to the point of latitude 10° 55′ 20.8798″ S, longitude 127° 47′ 08.3715″ E

5

North-easterly along the geodesic to the point of latitude 10° 53′ 36.8794″ S, longitude 127° 48′ 49.3704″ E

6

North-easterly along the geodesic to the point of latitude 10° 43′ 37.8772″ S, longitude 127° 59′ 20.3642″ E

7

North-easterly along the geodesic to the point of latitude 10° 29′ 11.8746″ S, longitude 128° 12′ 28.3559″ E

8

North-easterly along the geodesic to the point of latitude 10° 28′ 00.0143″ S, longitude 128° 13′ 59.9798″ E

9

North-easterly along the geodesic to the point of latitude 10° 26′ 00.0143″ S, longitude 128° 17′ 59.9798″ E

10

North-easterly along the geodesic to the point of latitude 10° 20′ 00″ S, longitude 128° 27′ 34.7560″ E

11

East along the parallel of latitude10° 20′ 00″ S to its intersection by the meridian of longitude 129° 40′ 00″ E

12

South along that meridian to its intersection by the parallel of latitude 10° 33′ 00″ S

13

West along that parallel to its intersection by the meridian of longitude 129° 15′ 30″ E

14

South along the meridian of longitude 128° 15′ 30″ E to the point of commencement

2.7 Zone 5 (noocsmuz05) of marine park—Multiple Use Zone (VI)

Zone 5 (noocsmuz05) of the marine park consists of an area bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.

Zone 5 (noocsmuz05) of marine park – Multiple Use Zone (VI)

Item

Description

1

The point of latitude 10° 50′ 00″ S, longitude 130° 06′ 00″ E

2

West along the parallel of latitude 10° 50′ 00″ S to its intersection by the meridian of longitude 129° 15′ 30″ E

3

North along that meridian to its intersection by the point of latitude 10° 33′ 00″ S

4

East along that parallel to its intersection by the meridian of longitude 129° 40′ 00″ E

5

North along that meridian to its intersection by the parallel of latitude 10° 20′ 00″ S

6

East along that parallel to its intersection by the meridian of longitude 130° 26′ 00″ E

7

North-easterly along the geodesic to the point of latitude 09° 46′ 23.8253″ S, longitude 130° 59′ 00″ E

8

North-easterly along the geodesic to the point of latitude 09° 44′ 16.7884″ S, longitude 131° 13′ 00″ E

9

South-westerly along the geodesic to the point of latitude 10° 36′ 00″ S, longitude 130° 31′ 00″ E

10

West along the parallel of latitude 10° 36′ 00″ S to its intersection by the meridian of longitude 130° 06′ 00″ E

11

South along that meridian to the point of commencement

Part 3 — Arafura Marine Park

3.1 Area of marine park

The Arafura Marine Park consists of an area in the Arafura Sea bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.

Area of marine park

Item

Description

1

The point of latitude 09° 54′ 00″ S, longitude 132° 58′ 00″ E

2

South along the meridian of longitude 132° 58′ 00″ E to its intersection by the outer limit of the Territory waters

3

Generally north-westerly and westerly along that outer limit to its intersection by the meridian of longitude 132° 36′ 00″ E

4

North along that meridian to its intersection by the parallel of latitude 09° 12′ 09.3050″ S

5

North-easterly along the geodesic to the point of latitude 09° 06′ 00.0139″ S, longitude 132° 45′ 59.9787″ E

6

North-easterly along the geodesic to the point of latitude 08° 52′ 54.8149″ S, longitude 133° 23′ 04.2121″ E

7

South-easterly along the geodesic to the point of latitude 09° 24′ 54.7893″ S, longitude 134° 50′ 04.1796″ E

8

South-westerly along the geodesic to the point of latitude 09° 54′ 00″ S, longitude 133° 45′ 00″ E

9

West along the parallel of latitude 09° 54′ 00″ S to the point of commencement

3.2 Zones for marine park

(1) The Arafura Marine Park is divided into the following zones:

(a) the Special Purpose Zone (Trawl) (VI) described in Section 3.3 of this Part;

(b) the Multiple Use Zone (VI) described in Section 3.4 of this Part;

(c) the Special Purpose Zone (VI) described in Section 3.5 of this Part.

3.3 Zone 1 (noaraspt01) of marine park–Special Purpose Zone (Trawl) (VI)

Zone 1 (noaraspt01) of the marine park consists of an area bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.

Zone 1 (noaraspt01) of marine park – Special Purpose Zone (Trawl) (VI)

Item

Description

1

The point of latitude 9° 54′ 00″ S, longitude 133° 45′ 00″ E

2

West along the parallel of latitude 9° 54′ 00″ S to its intersection by the meridian of longitude 133° 21′ 00″ E

3

North along that meridian to its intersection by the outer limit of the exclusive economic zone

4

Generally north‑easterly and south-easterly along that outer limit to the point of latitude 09° 24′ 54.7893″ S, longitude 134° 50′ 04.1796″ E

5

South‑westerly along the geodesic to the point of commencement

3.4 Zone 2 (noaramuz02) of marine park–Multiple Use Zone (VI)

Zone 2 (noaramuz02) of the marine park consists of an area bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.

Zone 2 (noaramuz02) of marine park – Multiple Use Zone (VI)

Item

Description

1

The point of latitude 09° 54′ 00″ S, longitude 132° 58′ 00″ E

2

South along the meridian of longitude 132° 58′ 00″ E to its intersection by the parallel of latitude 10° 54′ 58″ S

3

West along that parallel to its intersection by the meridian of longitude 132° 36′ 00″ E

4

North along that meridian to its intersection by the outer limit of the exclusive economic zone

5

Generally north‑easterly along that outer limit its intersection by the meridian of longitude 133° 21′ 00″ E

6

South along that meridian to its intersection by the parallel of latitude 09° 54′ 00″ S

7

West along that parallel to the point of commencement

3.5 Zone 3 (noaraspz03) of marine park–Special Purpose Zone (VI)

Zone 3 (noaraspz03) of the marine park consists of an area bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.

Zone 3 (noaraspz03) of marine park – Special Purpose Zone (VI)

Item

Description

1

The point of latitude 10° 54′ 58″ S, longitude 132° 58′ 00″ E

2

South along the meridian of longitude 132° 58′ 00″ E to its intersection by the outer limit of the Territory waters

3

Generally north‑westerly and westerly along that outer limit to its intersection by the parallel of latitude 10° 54′ 58″ E

4

East along that parallel to the point of commencement

Part 4 — Arnhem Marine Park

4.1 Area of marine park

The Arnhem Marine Park consists of an area in the Arafura Sea bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.

Area of marine park

Item

Description

1

The point of latitude 11° 00′ 00″ S, longitude 133° 30′ 00″ E

2

East along the parallel of latitude 11° 00′ 00″ S to its intersection by the meridian of longitude 134° 18′ 00″ E

3

South along that meridian to its intersection by the outer limit of the Territory waters

4

Generally north-westerly, westerly and northerly along that outer limit to its intersection by the meridian of longitude 133° 30′ 00″ E on, or closest to, the parallel of latitude 11° 25′ 30″ S

5

North along that meridian to the point of commencement

4.2 Zone (noarnspz01) of marine park

(1) The Arnhem Marine Park has the following zone:

(a) the Special Purpose Zone (VI) described in Section 4.1 of this Part.

Part 5 — Wessel Marine Park

5.1 Area of marine park

The Wessel Marine Park consists of an area in the Arafura Sea and the Gulf of Carpentaria bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.

Area of marine park

Item

Description

1

The point of latitude 10° 50′ 00″ S, longitude 136° 45′ 00″ E

2

East along the parallel of latitude 10° 50′ 00″ S to its intersection by the meridian of longitude 137° 15′ 00″ E

3

South along that meridian to its intersection by the parallel of latitude 11° 54′ 00″ S

4

West along that parallel to its intersection by the meridian of longitude 137° 06′ 00″ E

5

South along that meridian to its intersection by the parallel of latitude 12° 25′ 00″ S

6

West along that parallel to its intersection by the outer limit of the Territory waters

7

Generally northerly along that outer limit to its intersection by the meridian of longitude 136° 45′ 00″ E

9

North along that meridian to the point of commencement

5.2 Zones for marine park

(1) The Wessel Marine Park is divided into the following zones:

(a) the Special Purpose Zone (Trawl) (VI) described in Section 5.3 of this Part;

(b) the Habitat Protection Zone (IV) described in Section 5.4 of this Part.

5.3 Zone 1 (nowesspt01) of marine park—Special Purpose Zone (Trawl) (VI)

Zone 1 (nowesspt01) of the marine park consists of an area bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.

Zone 1 (nowesspt01) of marine park—Special Purpose Zone (Trawl) (VI)

Item

Description

1

The point of latitude 10° 50′ 00″ S, longitude 136° 45′ 00″ E

2

East along the parallel of latitude 10° 50′ 00″ S to its intersection by the meridian of longitude 137° 15′ 00″ E

3

South along that meridian to its intersection by the parallel of latitude 11° 25′ 00″ S

4

North-westerly along the geodesic to its intersection by the outer limit of the Territory waters closest to the parallel of latitude 11° 00′ 40″ S

5

Generally northerly and westerly along that outer limit to its intersection by the meridian of longitude 136° 45′ 00″ E

6

North along that meridian to the point of commencement

5.4 Zone 2 (noweshpz02) of marine park—Habitat Protection Zone (IV)

Zone 2 (noweshpz02) of the marine park consists of an area bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.

Zone 2 (noweshpz02) of marine park—Habitat Protection Zone (IV)

Item

Description

1

The point of latitude 11° 25′ 00″ S, longitude 137° 15′ 00″ E

2

South along the meridian of longitude 137° 15′ 00″ E to its intersection by the parallel of latitude 11° 54′ 00″ S

3

West along that parallel to its intersection by the meridian of longitude 137° 06′ 00″ E

4

South along that meridian to its intersection by the parallel of latitude 12° 25′ 00″ S

5

West along that parallel to its intersection by the outer limit of the Territory waters

6

Generally northerly along that outer limit to its intersection by the parallel of latitude 11° 00′ 40″ S

7

South-easterly along the geodesic to the point of commencement

Part 6 — Limmen Marine Park

6.1 Area of marine park

The Limmen Marine Park consists of an area in the Gulf of Carpentaria bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.

Area of marine park

Item

Description

1

The point of latitude 15° 00′ 00″ S, longitude 136° 18′ 00″ E

2

South along the meridian of longitude 136° 18′ 00″ E to its intersection by the outer limit of the Territory waters

3

Generally north-westerly along that outer limit to its intersection by the parallel of latitude 15° 00′ 00″ S

4

East along that parallel to the point of commencement

6.2 Zone (nolimhpz01) of marine park

(1) The Limmen Marine Park has the following zone:

(a) the Habitat Protection Zone (IV) described in Section 6.1 of this Part.

Part 7 — Gulf of Carpentaria Marine Park

7.1 Area of marine park

The Gulf of Carpentaria Marine Park consists of an area in the Gulf of Carpentaria bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.

Area of marine park

Item

Description

1

The point of latitude 15° 00′ 00″ S, longitude 139° 54′ 00″ E

2

East along the parallel of latitude 15° 00′ 00″ S to its intersection by the meridian of longitude 140° 45′ 24″ E

3

South along that meridian to its intersection by the parallel of latitude 16° 24′ 00″ S

4

West along that parallel to its intersection by the meridian of longitude 140° 36′ 00″ E

5

South along that meridian to its intersection by the parallel of latitude 16° 42′ 00″ S

6

West along that parallel to its intersection by the outer limit of the State waters of Queensland

7

Generally northerly, north-westerly and southerly along that outer limit to its intersection by the parallel of latitude 16° 28′ 45″ S on, or closest to, the meridian of longitude 139° 11′ 30″ E

8

North-westerly along the geodesic to the point of latitude 16° 08′ 00″ S, longitude 138° 30′ 06″ E

9

North along the meridian of longitude 138° 30′ 06″ E to its intersection by the parallel of latitude 15° 34′ 00″ S

10

East along that parallel to its intersection by the meridian of longitude 138° 50′ 00″ E

11

South-easterly along the geodesic to the point of latitude 15° 59′ 00″ S, longitude 139° 14′ 00″ E

12

South-easterly along the geodesic to the point of latitude 16° 13′ 18″ S, longitude 139° 54′ 00″ E

13

North along the meridian of longitude 139° 54′ 00″ E to the point of commencement

7.2 Zones for marine park

(1) The Gulf of Carpentaria Marine Park is divided into the following zones:

(a) the National Park Zone (II) described in Section 7.3 of this Part;

(b) the Special Purpose Zones (Trawl) (VI) described in Sections 7.4 and 7.5 of this Part.

7.3 Zone 1 (nogocnpz01) of marine park—National Park Zone (II)

Zone 1 (nogocnpz01) of the marine park consists of an area bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.

Zone 1 (nogocnpz01) of marine park—National Park Zone (II)

Item

Description

1

The point of latitude 15° 00′ 00″ S, longitude 139° 54′ 00″ E

2

East along the parallel of latitude 15° 00′ 00″ S to its intersection by the meridian of longitude 140° 05′ 00″ E

3

South along that meridian to its intersection by the parallel of latitude 16° 33′ 00″ S

4

West along that parallel to its intersection by the outer limit of the State waters of Queensland

5

Generally northerly and north-westerly along that outer limit to its intersection by the parallel of latitude 16° 20′ 00″ S

6

East along that parallel to its intersection by the meridian of longitude 139° 54′ 00″ E

7

North along that meridian to the point of commencement

7.4 Zone 2 (nogocspt02) of marine park—Special Purpose Zone (Trawl) (VI)

Zone 2 (nogocspt02) of the marine park consists of an area bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.

Zone 2 (nogocspt02) of marine park—Special Purpose Zone (Trawl) (VI)

Item

Description

1

The point of latitude 15° 34′ 00″ S, longitude 138° 30′ 06″ E

2

East along the parallel of latitude 15° 34′ 00″ S to its intersection by the meridian of longitude 138° 50′ 00″ E

3

South‑easterly along the geodesic to the point of latitude 15° 59′ 00″ S, longitude 139° 14′ 00″ E

4

South‑easterly along the geodesic to the point of latitude 16° 13′ 18″ S, longitude 139° 54′ 00″ E

5

South along the meridian of longitude 139° 54′ 00″ E to its intersection by the parallel of latitude 16° 20′ 00″ S

6

West along that parallel to its intersection by the limit of the State waters of Queensland

7

Generally north‑westerly and southerly along that outer limit to its intersection by the parallel of latitude 16° 28′ 45″ S on, or closest to, the meridian of longitude 139° 11′ 30″ E

8

North‑westerly along the geodesic to the point of latitude 16° 08′ 00″ S, longitude 138° 30′ 06″ E

9

North along the meridian of longitude 138° 30′ 06″ E to the point of commencement

7.5 Zone 3 (nogocspt03) of marine park—Special Purpose Zone (Trawl) (VI)

Zone 3 (nogocspt03) of the marine park consists of an area bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.

Zone 3 (nogocspt03) of marine park—Special Purpose Zone (Trawl) (VI)

Item

Description

1

The point of latitude 15° 00′ 00″ S, longitude 140° 05′ 00″ E

2

East along the parallel of latitude 15° 00′ 00″ S to its intersection by the meridian of longitude 140° 45′ 24″ E

3

South along that meridian to its intersection by the parallel of latitude 16° 24′ 00″ S

4

West along that parallel to its intersection by the meridian of longitude 140° 36′ 00″ E

5

South along that meridian to its intersection by the parallel of latitude 16° 42′ 00″ S

6

West along that parallel to its intersection by the outer limit of the State waters of Queensland

7

Generally Northerly along that outer limit to its intersection by the parallel of latitude 16° 33′ 00″ E

8

East along that parallel to its intersection by the meridian of longitude 140° 05′ 00″ E

9

North along that meridian to the point of commencement

Part 8 — West Cape York Marine Park

8.1 Area of marine park

The West Cape York Marine Park consists of an area in the Gulf of Carpentaria bounded by the line commencing at the intersection described in item 1 of the following table and running progressively as described in the table.

Area of marine park

Item

Description

1

The intersection of the Fisheries Jurisdiction Line by the meridian of longitude 141° 20′ 00″ E

2

South along that meridian to its intersection by the parallel of latitude 10° 48′ 00″ S

3

East along that parallel to its intersection by the outer limit of the State waters of Queensland

4

Generally southerly along that outer limit to its intersection by the parallel of latitude 11° 42′ 00″ S

5

West along that parallel to its intersection by the meridian of longitude 141° 06′ 00″ E

6

North along that meridian to its intersection by the parallel of latitude 10° 59′ 00″ S

7

West along that parallel to its intersection by the Fisheries Jurisdiction Line

8

North-easterly along that line to the point of commencement

Note: AGD66 applies to the coordinate described in item 1 of this table.

8.2 Zones for marine park

(1) The West Cape York Marine Park is divided into the following zones:

(a) the National Park Zones (II) described in Sections 8.3 and 8.6 of this Part;

(b) the Habitat Protection Zone (IV) described in Section 8.4 of this Part;

(c) the Special Purpose Zone (VI) described in Section 8.5 of this Part.

8.3 Zone 1 (nowcynpz01) of marine park—National Park Zone (II)

Zone 1 (nowcynpz01) of the marine park consists of an area bounded by the line commencing at the intersection described in item 1 of the following table and running progressively as described in the table.

Zone 1 (nowcynpz01) of marine park—National Park Zone (II)

Item

Description

1

The intersection of the Fisheries Jurisdiction Line by the meridian of longitude 141° 20′ 00″ E

2

South along that meridian to its intersection by the parallel of latitude 10° 40′ 00″ S

3

West along that parallel to its intersection by the Fisheries Jurisdiction Line

4

Generally north‑easterly along that line to the point of commencement

Note:    AGD66 applies to the coordinate described in item 1 table.

8.4 Zone 2 (nowcyhpz02) of marine park—Habitat Protection Zone (IV)

Zone 2 (nowcyhpz02) of the marine park consists of an area bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.

Zone 2 (nowcyhpz02) of marine park—Habitat Protection Zone (IV)

Item

Description

1

The point of latitude 10° 40′ 00″ S, longitude 141° 20′ 00″ E

2

South along the meridian of longitude 141° 20′ 00″ E to its intersection by the parallel of latitude 10° 48′ 00″ S

3

East along that parallel to its intersection by the meridian of longitude 141° 42′ 00″ E

4

South along that meridian to its intersection by the parallel of latitude 11° 42′ 00″ S

5

West along that parallel to its intersection by the meridian of longitude 141° 06′ 00″ E

6

North along that meridian to its intersection by the parallel of latitude 10° 59′ 00″ S

7

West along that parallel to its intersection by the Fisheries Jurisdiction Line

8

Generally north‑easterly along that line to its intersection by the parallel of latitude 10° 40′ 00″ S

9

East along that parallel to the point of commencement

Note:    AGD66 applies to the longitude described in item 1 and the longitude in line 2 of this table

8.5 Zone 3 (nowcyspz03) of marine park—Special Purpose Zone (VI)

Zone 3 (nowcyspz03) of the marine park consists of an area bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.

Zone 3 (nowcyspz03) of marine park—Special Purpose Zone (VI)

Item

Description

1

The point of latitude 11° 04′ 00″ S, longitude 141° 42′ 00″ E

2

East along the parallel of latitude 11° 04′ 00″ S to its intersection by the outer limit of the State waters of Queensland

3

Generally southerly along that outer limit to its intersection by the parallel of latitude 11° 42′ 00″ S

4

West along that parallel to its intersection by the meridian of longitude 141° 42′ 00″ E

5

North along that meridian to the point of commencement

8.6 Zone 4 (nowcynpz04) of marine park—National Park Zone (II)

Zone 4 (nowcynpz04) of the marine park consists of an area bounded by the line commencing at the intersection described in item 1 of the following table and running progressively as described in the table.

Zone 4 (nowcynpz04) of marine park—National Park Zone (II)

Item

Description

1

The point of latitude 10° 48′ 00″ S, longitude 141° 42′ 00″ E

2

East along the parallel of latitude 10° 48′ 00″ S to its intersection by the outer limit of the State waters of Queensland

3

Generally southerly along that outer limit to its intersection by the parallel of latitude 11° 04′ 00″ S

4

West along that parallel to its intersection by the meridian of 141° 42′ 00″ E

5

North along that meridian to the point of commencement

Schedule 5 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.

Beeton RJS, Buxton CD, Cochrane P, Dittmann S, Pepperell JG (2015) Commonwealth marine reserves review: report of the expert scientific panel. Department of the Environment, Canberra.

Buxton CD, Cochrane P (2015) Commonwealth marine reserves review: report of the bioregional advisory panel. Department of the Environment, Canberra. 341 pp.

Commonwealth of Australia (1976) Historic Shipwrecks Act 1976.

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 (2006) A guide to the Integrated Marine and Coastal Regionalisation of Australia Version 4.0, Department of the Environment and Heritage, Canberra.

Commonwealth of Australia (2006) Threat abatement plan to reduce the impacts of tramp ants on biodiversity in Australia and its territories. Department of the Environment, Water, Heritage and the Arts, Canberra.

Commonwealth of Australia (2008) North marine bioregional plan: bioregional profile. Department of Sustainability, Environment, Water, Population and Communities, Canberra.

Commonwealth of Australia (2009) Threat abatement plan for the impacts of marine debris on vertebrate marine life. Department of the Environment, Water, Heritage and the Arts, Canberra.

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

Day J, Dudley N, Hockings M, Holmes G, Laffoley D, Stolton S, Wells S (2012) Guidelines for applying the IUCN protected area management categories to marine protected areas. International Union for the Conservation of Nature, Gland, Switzerland. 36pp

Jackson WJ, Argent RM, Bax NJ, Clark GF, Coleman S, Cresswell ID, Emmerson KM, Evans K, Hibberd MF, Johnston EL, Keywood MD, Klekociuk A, Mackay R, Metcalfe D, Murphy H, Rankin A, Smith DC & Wienecke B (2017), Australia state of the environment 2016: overview. Independent report to the Australian Government Minister for the Environment and Energy, Australian Government Department of the Environment and Energy, Canberra.

Map data sources

Aeronautical Information Services – Airforce (2016): Danger and restricted airspace regions over Australia.

Australian Fisheries Management Authority (2014): Commonwealth Fishing Activity (Status Report).

Australian Maritime Safety Authority (2015): Automatic Identification System (Shipping).

Department of the Environment and Energy (2018): Australia's Network of Marine Parks.

Department of the Environment and Energy (2015): Key Ecological Features.

Department of the Environment and Energy (2016): Collaborative Australian Protected Areas Database.

Department of the Environment and Energy (2012): Commonwealth Marine Regions.

Department of the Environment and Energy (2011): Bathomes within Australian waters.

Department of the Environment and Energy (2006): Integrated Marine and Coastal Regionalisation of Australia v.4.0 Provincial Bioregions.

Department of Prime Minister and Cabinet (Environment branch-Indigenous Employment and Recognition Division) (2017): Indigenous Protected Areas – dedicated.

ESRI Australia Pty Ltd (1992): ARCWORLD World Dataset 1:3 million.

Geoscience Australia (2014): Australian Maritime Boundaries (AMB) v3.

Geoscience Australia (2006): GEODATA TOPO 250K.

Geoscience Australia (2006): GEODATA TOPO 2.5 M.

Geoscience Australia (2005): Australian Bathymetry and Topography.

Geoscience Australia (2004): Geomorphic Features of the EEZ.

Geoscience Australia (2004): GEODATA TOPO 100k – Coastline.

National Geospatial – Intelligence Agency (2012): World Port Index.

PBEncom Petroleum Information (2017): GPInfo petroleum exploration database.

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0