Proclamation - Freycinet Marine Park (Cth)

Proclamation ‑ Freycinet Marine Park

made under subsection 344(1) of the

Environment Protection and Biodiversity Conservation Act 1999

Compilation No. 1

Compilation date:  11 October 2017

Includes amendments up to:            F2017L01337

Registered:  17 October 2017

About this compilation

This compilation

This is a compilation of the Proclamation - Freycinet Marine Park that shows the text of the law as amended and in force on 11 October 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

I, PROFESSOR MARIE BASHIR, AC, CVO, Deputy for the Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under subsection 344(1) of the Environment Protection and Biodiversity Conservation Act 1999:

(a)  declare the area specified in Part 1 of the Schedule to this Proclamation to be a Commonwealth reserve for the purposes of protecting and maintaining biological diversity and contributing to the National Representative System of Marine Protected Areas; and

(b)  specify that the seabed to a depth of 100 metres, is included in the reserve; and

(c)  give the reserve the name “Freycinet Marine Park”; and

(d)  assign the reserve to the IUCN category of strict nature reserve; and

(e)  divide the reserve into zones and assign an IUCN category to each zone, as follows:

(i)  Sanctuary Area Zone being the area specified in Part 2 of the Schedule and assigned to the IUCN category Strict Nature Reserve; and

(ii)  Recreational Use Area Zone being the area specified in Part 3 of the Schedule and assigned to the IUCN category National Park; and

(iii)  Multiple Use Area Zone being the area specified in Part 4 of the Schedule and assigned to the IUCN category Managed Resource Protected Area.

Schedule—Freycinet Marine Park

Part 1—Freycinet Marine Park

All of that area within the Tasman Sea, excluding any coastal waters* in relation to the State of Tasmania, contained within and bounded as follows**:

(i)  commencing at the point of latitude 41 degrees 46 minutes 42 seconds south, longitude 148 degrees 25 minutes 45 seconds east;

(ii)  then easterly along the geodesic to the point of latitude 41 degrees 44 minutes 40 seconds south, longitude 148 degrees 42 minutes 6 seconds east;

(iii)  then north‑easterly along the geodesic to the intersection of the parallel of latitude 41 degrees 4 minutes south, with the outer limit of the exclusive economic zone***;

(iv)  then generally southerly along the outer limit of the exclusive economic zone to its intersection with the parallel of latitude 43 degrees 29 minutes south;

(v)  then north‑westerly along the geodesic to the point of latitude 42 degrees 17 minutes 17 seconds south, longitude 148 degrees 40 minutes east;

(vi)  then north‑westerly along the geodesic to the point of latitude 42 degrees 12 minutes 36 seconds south, longitude 148 degrees 25 minutes 45 seconds east; and

(vii)  then north along the meridian of longitude 148 degrees 25 minutes 45 seconds east, to the point of commencement.

Part 2—Sanctuary Area Zone (IUCN Category Ia ‑ Strict Nature Reserve)

All of that area within the Tasman Sea contained within and bounded as follows**:

(i)  commencing at the point of latitude 41 degrees 44 minutes 40 seconds south, longitude 148 degrees 42 minutes 6 seconds east;

(ii)  then north‑easterly along the geodesic to the intersection of the parallel of latitude 41 degrees 4 minutes south, with the outer limit of the exclusive economic zone***;

(iii)  then generally southerly along the outer limit of the exclusive economic zone to its intersection with the parallel of latitude 43 degrees 29 minutes south;

(iv)  then north‑westerly along the geodesic to the point of latitude 42 degrees 17 minutes 17 seconds south, longitude 148 degrees 40 minutes east;

(v)  then northerly along the geodesic to the point of latitude 42 degrees 6 minutes 20 seconds south, longitude 148 degrees 40 minutes 45 seconds east; and

(vi)  then northerly along the geodesic to the point of commencement.

Part 3—Recreational Use Area Zone (IUCN Category II – National Park)

All of that area within the Tasman Sea, excluding any coastal waters* in relation to the State of Tasmania, contained within and bounded as follows**:

(i)  commencing at the point of latitude 42 degrees 17 minutes 17 seconds south, longitude 148 degrees 40 minutes east;

(ii)  then north‑westerly along the geodesic to the point of latitude 42 degrees 12 minutes 36 seconds south, longitude 148 degrees 25 minutes 45 seconds east;

(iii)  then north along the meridian of longitude 148 degrees 25 minutes 45 seconds east, to its intersection with the parallel of latitude 42 degrees 6 minutes 20 seconds south;

(iv)  then east along the parallel of latitude 42 degrees 6 minutes 20 seconds south, to its intersection with the meridian of longitude 148 degrees 40 minutes 45 seconds east; and

(v)  then southerly along the geodesic to the point of commencement.

Part 4—Multiple Use Area Zone (IUCN Category VI – Managed Resource Protected Area)

All of that area within the Tasman Sea, excluding any coastal waters* in relation to the State of Tasmania, contained within and bounded as follows**:

(i)  commencing at the point of latitude 41 degrees 46 minutes 42 seconds south, longitude 148 degrees 25 minutes 45 seconds east;

(ii)  then easterly along the geodesic to the point of latitude 41 degrees 44 minutes 40 seconds south, longitude 148 degrees 42 minutes 6 seconds east;

(iii)  then southerly along the geodesic to the point of latitude 42 degrees 6 minutes 20 seconds south, longitude 148 degrees 40 minutes 45 seconds east;

(iv)  then west along the parallel of latitude 42 degrees 6 minutes 20 seconds south, to its intersection with the meridian of longitude 148 degrees 25 minutes 45 seconds east; and

(v)  then north along the meridian of longitude 148 degrees 25 minutes 45 seconds east to the point of commencement.

*              The coastal waters are defined in relation to each State and the Northern Territory by the Coastal Waters (State Powers) Act 1980 and Coastal Waters (Northern Territory Powers) Act 1980.

**            All geographic coordinates are expressed in terms of the Geocentric Datum of Australia 1994 (GDA94) as described in the Commonwealth of Australia Gazette GN35 of 6 September 1995.

***          The exclusive economic zone in relation to Australia and its external territories has been declared under the Seas and Submerged Lands Act 1973 in accordance with the United Nations Convention on the Law of the Sea (Proclamation dated 26 July 1994 published in the Commonwealth of Australia Gazette S290 of 29 July 1994).

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Proclamation ‑ Freycinet Commonwealth Marine Reserve	2 July 2007 (F2007L01916)	31 Aug 2007
Environment Protection and Biodiversity Conservation Amendment (Commonwealth Marine Reserves Renaming) Proclamation 2017	10 Oct 2017 (F2017L01337)	Sch 1 (item 94): 11 Oct 2017 (s 2(1) item 1)	—

Endnote 4—Amendment history

Provision affected	How affected
par (c).......................................	am F2017L01337
commencement par...................	rep LA s 48D
Schedule
Schedule heading......................	rs F2017L01337
Part 1
Part 1 heading...........................	rs F2017L01337