Temperate East Marine Parks Network Management Plan 2018 (Cth)
COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
APPROVAL OF THE TEMPERATE EAST 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 Temperate East 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, Draft Temperate East 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
Temperate East Marine Parks Network
203 Channel Highway
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Photography credit
Front cover
Australasian gannets (Alan Danks)
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 Temperate East Marine Parks Network
2.1 The Temperate East Marine Region
2.2 The Temperate East Marine Parks Network
2.3 Values of the Temperate East Network
2.4 Pressures in the Temperate East Network
2.5 Management programs and actions in the Temperate East 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 aquaculture
4.2.5 Commercial media
4.2.6 Commercial tourism (includes charter fishing tours, scuba diving, nature watching tours)
4.2.7 Recreational fishing
4.2.8 Mining operations (includes exploration)
4.2.9 Structures and works
4.2.10 Research and monitoring
4.2.11 National security and emergency response
4.2.12 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 Temperate East Network overview and values
S2.1 Temperate East Network overview
S2.2 Temperate East Network values
Gifford Marine Park
Norfolk Marine Park
Lord Howe Marine Park
Central Eastern Marine Park
Solitary Islands Marine Park
Cod Grounds Marine Park
Hunter Marine Park
Jervis Marine Park
Schedule 3 Environmental features used in the design of the Temperate East Network
Schedule 4 Temperate East Network marine parks and zone boundary descriptions
Part 1 — Gifford Marine Park
Part 2 — Norfolk Marine Park
Part 3 — Lord Howe Marine Park
Part 4 — Central Eastern Marine Park
Part 5 — Solitary Islands Marine Park
Part 6 — Cod Grounds Marine Park
Part 7 — Hunter Marine Park
Part 8 — Jervis Marine Park
Schedule 5 Supporting information
Map data sources
Chapter 1
Introduction
Black cod (David Harasti)
Part 1. Managing Australian Marine Parks
Masked booby, Lord Howe Island (Ian Hutton)
1.1 Introductory provisions
Name
This management plan (plan) is the Temperate East 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 Temperate East 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 Temperate East Network; and
b)ecologically sustainable use and enjoyment of the natural resources within marine parks in the Temperate East 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 Temperate East Marine Parks Network (Temperate East 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 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 Temperate East Marine Region (2012);
the East marine bioregional plan: bioregional profile (2009); 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.
Australia also has international responsibility under the World Heritage Convention and Ramsar Convention on Wetlands of International Importance, to manage the Lord Howe Island Group World Heritage Property, and the Elizabeth and Middleton Reefs Ramsar site.
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 Temperate East Marine Parks Network | Provides a summary of the Temperate East 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 Temperate East 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 Temperate East Network | Describes the environmental features used to identify areas for protection in the marine parks. These include bioregions, depth ranges, seafloor features and key ecological features. |
| Schedule 4 Temperate East 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 New South Wales fisheries and marine park agencies, and research institutions that provide support to the day-to-day management of the Temperate East Network, 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 Temperate East 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 by 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 awareness—actions that improve awareness, understanding and support for marine parks and park management.
Tourism and visitor experience—actions that provide for and promote a range of environmentally appropriate, high-quality recreation and tourism experiences and contribute to Australia’s visitor economy.
Indigenous engagement—actions 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 authorisations—actions 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.
Compliance—actions 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.
1.10 Zones
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 Temperate East 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 Temperate East Network are summarised in Table 1.3.
Table 1.3 Summary of zones in the Temperate East 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. |
| Recreational Use Zone (IUCN category IV)—managed to allow recreational use while conserving ecosystems, habitats and native species in as natural a state as possible. The zone allows for recreational fishing, but not commercial fishing. |
| 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 Temperate East 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 Temperate East Network.
1.12 Adaptive 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 Temperate East Network at the conclusion of this plan.
Part 2. The Temperate East Marine Parks Network
Australasian gannets (Alan Danks)
2.1 The Temperate East Marine Region
The Temperate East Marine Region (region) extends from the southern boundary of the Great Barrier Reef Marine Park to Bermagui in southern New South Wales, as well as the waters surrounding Lord Howe and Norfolk islands. The region covers approximately 1.47 million km2 of temperate and subtropical waters and abuts the coastal waters of southern Queensland and New South Wales (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 near shore 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, cays and deep-water environments. Although many of the marine parks are remote and far offshore, opportunities exist for recreational use, particularly around Solitary Islands, Norfolk and Lord Howe Marine Parks.
There are significant industries in the region, including commercial fishing 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 continental shelf, slope, and abyssal plain/deep ocean floor, with significant variation in seafloor features including tropical and cold-water reef systems, seamounts and canyons. Linking these habitats are strong ocean currents that greatly influence and structure the region’s productivity and biological diversity. The East Australian Current is the dominant oceanographic influence, bringing warm waters from the Coral Sea down the outer edge of the continental shelf, extending the range of tropical species into subtropical and temperate waters. For this reason, the region supports high levels of species richness and diversity, particularly among corals, crustaceans, echinoderms, molluscs, sea sponges and fish. This is particularly true in places like Lord Howe Island and Elizabeth and Middleton Reefs, where both warm and cold-water species flourish alongside each other.
The region has high species diversity, globally significant populations of internationally threatened species and a small number of species found nowhere else. It supports biologically important areas for species, including sharks, whales and seabirds. For example the east coast population of grey nurse shark (Carcharias taurus) and migratory white shark (Carcharodon carcharias) aggregate off the coast of New South Wales, while migratory humpback whale (Megaptera novaeangliae) migrate through the region to and from breeding grounds in Queensland. The region also includes important offshore reef habitat at Elizabeth and Middleton Reefs, Lord Howe Island and Norfolk Island. These sites support the vulnerable black cod, are the southernmost extent of many reef-building coral species, and are important breeding, foraging and feeding areas for several species of seabird. Other species known to occur in the region include species of marine turtle and bony fish.
Further information about the region can be found in the Marine bioregional plan for the Temperate East Marine Region (2012), and the East marine bioregional plan: bioregional profile (2009) (available on the Department’s website), and the marine park values in Section 2.3 and Schedule 2 of this plan.
Figure 2.1 Temperate East Marine Region
2.2 The Temperate East Marine Parks Network
The Temperate East Network (Figure 2.2) covers 383,339 km2 and includes eight marine parks. An overview of the marine parks and their values is provided in Schedule 2.
The Temperate East Network comprises the following marine parks:
Gifford Marine Park
Norfolk Marine Park
Lord Howe Marine Park
Central Eastern Marine Park
Solitary Islands Marine Park
Cod Grounds Marine Park
Hunter Marine Park
Jervis Marine Park
Figure 2.2 Temperate East Marine Parks Network
2.3 Values of the Temperate East 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 Temperate East 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.
For some marine parks, such as the Lord Howe Marine Park, there is a relatively strong understanding of park values. Where there is less 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 Temperate East Marine Region (2012); and
East marine bioregional plan: bioregional profile (2009).
Table 2.1 Summary of values in the Temperate East Network
| Statement of significance |
| The Temperate East 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 Temperate East 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 seven bioregions represented in the Temperate East 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:
Species and habitats—all species and habitats are important components of the ecosystems represented in the Temperate East 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 Temperate East 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 Temperate East Marine Region (2012) and the conservation values atlas on the Department’s website. The coral reefs of Emily Bay and Slaughter Bay in the Norfolk Marine Park are the eastern-most coral reefs in Australian waters, and contain a unique reef fish assemblage of endemic, sub-tropical and temperate species. Elizabeth and Middleton Reefs Ramsar site The Elizabeth and Middleton Reefs Ramsar site is located within the Lord Howe Marine Park. The site was listed under the Ramsar Convention in 2002 and is a wetland of international importance under the EPBC Act. The reefs form the southernmost open-ocean reef platform in the world and support internationally significant populations of seabirds and shorebirds. |
| Cultural values |
| Aboriginal people of eastern Australia have been sustainably using and managing their sea country for 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 people are particularly affiliated with through their traditional lore and customs. Sea country is valued for Indigenous cultural identity, health and wellbeing. Aboriginal people continue to assert inherited rights and responsibilities over sea country within the Temperate East Network. It is recognised that spiritual corridors extend from terrestrial areas into nearshore and offshore waters, that a number of marine animals are totems for Indigenous people, and that songlines pass through marine parks. |
| 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. The Temperate East Network includes many historic shipwrecks that can be found in the Australian national shipwrecks database, such as the HMS Sirius, a flagship of the First Fleet, which was wrecked on the coral reef off Slaughter Bay, Norfolk Island in 1790. The Temperate East Network includes the following internationally listed place: Lord Howe Island Group World Heritage Property The Lord Howe Island Group World Heritage Property is in and adjacent to the Lord Howe Marine Park. The property was inscribed on the World Heritage List by the World Heritage Committee in 1982 on the basis of its outstanding universal value. It supports a number of endemic species or subspecies of plants and animals. |
| Social and economic values |
| The Temperate East Network supports a range of important social and economic uses that underpin the prosperity and wellbeing of regional communities (Figure 2.3). Commercial fishing, shipping and port-related activities, and tourism are industries of national economic significance. Marine tourism activities, including charter fishing, snorkelling, diving and wildlife watching are also important commercial activities that offer unique visitor experiences to reefs, islands and lagoons particularly around Lord Howe and Norfolk Marine Parks. The Network also supports a range of recreational activities including fishing. The island communities of Norfolk Island and Lord Howe Island have a particularly strong affinity and historic connection to the ocean surrounding them as a source of food and for a range of social and economic benefits. The Norfolk Marine Park includes waters up to the high water mark, which incorporate a wide range of near-shore values and uses by the Norfolk community and visitors |
2.4 Pressures in the Temperate East 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 2.3 shows the types of uses occurring across the Temperate East Network. These present key challenges for biodiversity conservation and sustainable management of our marine resources, including in Australian Marine Parks.
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 Temperate East 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 Temperate East 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 Temperate East 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. Habitats vulnerable to the effects of climate change include Elizabeth and Middleton Reefs and other reef and fish communities. |
| 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 habitat vulnerable to changes in hydrology include reefs and fish communities surrounding islands in the Temperate East Network. |
| 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 Tasmantid and Lord Howe seamount chains, and species of shark, dolphin and fish. |
| 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, and species of seabirds, fish, dolphin and shark. |
| 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, and species of dolphin and seabird. |
| Invasive species |
| Invasive species have the potential to impact on marine 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, from direct impacts such as predation or damage to important habitat e.g. nesting habitat, or indirect impacts such as competition with native species for habitat and food. Examples of habitats and species vulnerable to the impacts of invasive species include reef and island habitats and nesting seabirds. |
| 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 habitat, key ecological features and species vulnerable to marine pollution include island, reef, and other shallow-water habitats, Elizabeth and Middleton Reefs, and species of dolphin, whale and seabird. |
Further information on pressures in the region is provided in the Marine bioregional plan for the Temperate East Marine Region (2012).
Figure 2.3 Direct use in the Temperate East Network
2.5 Management programs and actions in the Temperate East 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 Temperate East Network. Table 2.3 outlines the management programs and actions likely to be undertaken in the Temperate East 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 Temperate East Network
| Communication, education and awareness program Actions to improve awareness, understanding and support for marine parks and park management. |
| Outcome
Actions—the Director will under a national program:
in the Temperate East Network:
|
| 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
Actions—the Director will under a national program:
in the Temperate East Network:
|
| 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
Actions—the Director will under a national program:
in the Temperate East Network:
|
| Marine science program Actions to provide necessary scientific knowledge and understanding of marine park values, pressures, and adequacy of responses for effective management. |
| Outcomes
Actions—the Director will under a national program:
in the Temperate East Network:
|
| 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
Actions—the Director will under a national program:
in the Temperate East Network:
|
| Park protection and management program Timely and appropriate preventative and restorative actions to protect natural, cultural and heritage values from impacts. |
| Outcome
Actions—the Director will under a national program:
in the Temperate East Network:
|
| Compliance program Actions to support appropriate and high level compliance by marine park users with the rules set out in this plan. |
| Outcomes
Actions—the Director will under a national program:
in the Temperate East Network:
|
Chapter 2
Management and prescriptions
Humpback whale (Dave Paton)
Part 3. Zoning
Sailing to Middleton Reef (Nicola Udy)
3.1 Zone categories, names and objectives
The EPBC Act requires this plan to assign an IUCN category to each marine park to. 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 Temperate East 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 Temperate East Network, Schedule 4 describes the zones assigned, and the management approach applied to activities within these zones is provided in Part 4. An overview of the Temperate East Network marine parks and zones is provided in Table S2.1.
Prescriptions
3.1.1.Each marine park in the Temperate East Network specified in Table 3.1 is assigned to the IUCN category specified in column 2 of Table 3.1.
3.1.2.Gifford Marine Park and Cod Grounds Marine Park are given the zone name specified in column 3 of Table 3.1, adjacent to the name of the marine park (column 1).
3.1.3.Norfolk, Lord Howe, Central Eastern, Solitary Islands, Hunter and Jervis 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 Temperate East Network used to allow or prohibit certain 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 a 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.
Note: there are two types of Habitat Protection Zone (IV) in the Temperate East Network used to allow or prohibit certain commercial and recreational fishing activities.
3.1.7.The objective of the Recreational Use Zone (IV) is to provide for the conservation of ecosystems, habitats and native species in as natural a state as possible while providing for recreational use.
3.1.8.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: Temperate East 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 (Norfolk) (VI) | Multiple Use (VI) | Habitat Protection Zone (IV) | Habitat Protection Zone (Lord Howe) (IV) | Recreational Use (IV) | National Park Zone (II) | ||
| Gifford | IV | ü | ||||||
| Norfolk | IV | ü | ü | ü | ||||
| Lord Howe | IV | ü | ü | ü | ü | ü | ||
| Central Eastern | IV | ü | ü | ü | ||||
| Solitary Islands | VI | ü | ü | ü | ||||
| Cod Grounds | II | ü | ||||||
| Hunter | IV | ü | ü | |||||
| Jervis | IV | 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: There are two types of Special Purpose Zone (VI): Special Purpose Zone (Trawl) (VI) and Special Purpose Zone (Norfolk) (VI), and two types of Habitat Protection Zone (IV): Habitat Protection Zone (IV) and Habitat Protection Zone (Lord Howe) (IV). The variation in management approach for these zones is prescribed in Part 4.
Figure 3.1 Temperate East Marine Parks Network showing zones
Part 4. Managing activities
Divers and black cod (Department of the Environment and Energy)
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 Temperate East 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 Temperate East 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 Temperate East Network. Sections 4.2.2 to 4.2.12 prescribe the rules applying to particular uses. Section 4.2.12 (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 Temperate East 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 Temperate East Network (provided in Part 4)
| Activity | Special Purpose Zone (Trawl) (VI) | Special Purpose Zone (Norfolk) (VI) | Multiple Use Zone (VI) | Habitat Protection Zone (IV) | Habitat Protection Zone (Lord Howe) (IV) | Recreational Use Zone (IV) | National Park Zone (II) |
| GENERAL USE, ACCESS, AND WASTE MANAGEMENT (Section 4.2.1) | ü | ü | ü | ü | ü | ü | ü |
| COMMERCIAL SHIPPING (Section 4.2.2) | ü | ü | ü | üB | üB | üB | üB |
| COMMERCIAL FISHING (Section 4.2.3) | A | A | A | A | A | x | x B |
| AQUACULTURE (Section 4.2.4) | A | A | A | A | x | x | x B |
| COMMERCIAL MEDIA (Section 4.2.5) | A | A | A | A | A | A | A |
| COMMERCIAL TOURISM (Section 4.2.6) | A | A | A | A | AE | AE | A |
| RECREATIONAL FISHING (Section 4.2.7) | ü | ü | ü | ü | üE | üE | x |
| MINING (Section 4.2.8) | A | x | A | x | x | x | x |
| STRUCTURES AND WORKS (Section 4.2.9) | A | A | A | A | A | A | A |
| RESEARCH AND MONITORING (Section 4.2.10) | A | A | A | A | A | A | A |
| NATIONAL SECURITY AND EMERGENCY RESPONSE (Section 4.2.11) | ü | ü | 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.
E Spearfishing is not allowed. Charter fishing is not allowed in the Recreational Use Zone (IV).
4.2.1 General use, access, and waste management
The prescriptions in this Section apply to all marine park users of the Temperate East 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 Temperate East Network
| GENERAL USE, ACCESS, AND WASTE MANAGEMENT Activity | Special Purpose Zone (Trawl) VI | Special Purpose Zone (Norfolk) (VI) | Multiple Use Zone VI | Habitat Protection Zone IV | Habitat Protection Zone (Lord Howe) IV | Recreational Use Zone IV | National Park Zone II |
| Ballast water discharge and exchange (compliant with Australian ballast water requirements) | ü | ü | ü | ü | ü | ü | ü |
| Disposal of waste from normal operations of vessels (compliant with MARPOL requirements) | ü | ü | ü | ü | ü | ü | ü |
| Camping | A | A | A | A | A | A | A |
| Recreational use (non-fishing, nature watching, boating, etc.) | ü | ü | ü | ü | ü | ü | ü |
| Non-commercial remote piloted aircraft, drones etc. | A | A | 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 operations 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 4.2.12.
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 4.2.9 (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 above high water mark on Norfolk Island does not require a permit under this plan.
Note: Camping in connection with commercial tourism activities must be authorised under Section 4.2.6 (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 4.2.5, Section 4.2.6 or Section 4.2.10 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 Temperate East 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 and aquaculture activities are dealt with in Sections 4.2.3 and 4.2.4.
Table 4.3 Summary of prescriptions for commercial shipping activities in the Temperate East Network
| COMMERCIAL SHIPPING Activity | Special Purpose Zone (Trawl) VI | Special Purpose Zone (Norfolk) VI | Multiple Use Zone VI | Habitat Protection Zone IV | Habitat Protection Zone (Lord Howe) IV | Recreational Use Zone IV | National Park Zone II |
| Anchoring | ü | ü | ü | xB | xB | xB | xB |
| Vessel transiting | ü | ü | 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 Temperate East Network subject to compliance with the prescriptions in Section 4.2.1 (General use, access, and waste management) and relevant prescriptions in Sections 4.2.5 to 4.2.12 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 (Norfolk) (VI);
c)Multiple Use Zone (VI); and
d)Habitat Protection Zone (IV), Habitat Protection Zone (Lord Howe) (IV), Recreational Use 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 4.2.5 to 4.2.12 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 Temperate East 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 Temperate East Network commercial fishing is subject to regulation under the Fisheries Management Act 1991 (Fisheries Management Act) or Queensland or New South Wales fisheries laws (under arrangements made under Part V of the Fisheries Management Act).
1.2 Zone (tegifhpz01) for marine park
(1) The Gifford Marine Park has the following zone:
(a) the Habitat Protection Zone (IV) described in Section 1.1 of this Part.
Part 2 — Norfolk Marine Park
2.1 Area of marine park
Zone 1 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.
| Area of marine park | |
| Item | Description |
| 1 | The point of latitude 27° 36′ 00″ S, longitude 166° 39′ 00″ E |
| 2 | North along the meridian of longitude 166° 39′ 00″ E to its intersection by the line described by article 1 of the Maritime boundary (French Republic) Agreement |
| 3 | Generally easterly along that line to its intersection by the meridian of longitude 168° 58′ 00″ E |
| 4 | South along that meridian to its intersection by the parallel of latitude 29° 12′ 00″ S |
| 5 | East along that parallel to its intersection by the meridian of longitude 170° 22′ 00″ E |
| 6 | South along that meridian to its intersection by the line described by article 2 of the Maritime boundary (New Zealand) Treaty |
| 7 | Generally south-westerly and westerly along that line to its intersection by the meridian of longitude 166 ° 05 ′ 00″ E |
| 8 | North along that meridian to its intersection by the parallel of latitude 31° 09′ 00″ S |
| 9 | East along that parallel to its intersection by the meridian of longitude 167° 07′ 00″ E |
| 10 | North along that meridian to its intersection by the parallel of latitude 27° 36′ 00″ S |
| 11 | West along that parallel to the point of commencement |
2.2 Zones for marine park
(1) The Norfolk 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 Special Purpose Zone (Norfolk) (VI) described in Section 2.5 of this Part.
2.3 Zone 1 (tenornpz01) of marine park—National Park Zone (II)
Zone 1 (tenornpz01) 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 (tenornpz01) of marine park—National Park Zone (II) | |
| Item | Description |
| 1 | The point of latitude 27° 36′ 00″ S, longitude 166° 39′ 00″ E |
| 2 | North along the meridian of longitude 166° 39′ 00″ E to its intersection by the line described by article 1 of the Maritime boundary (French Republic) Agreement |
| 3 | Generally easterly along that line to its intersection by the meridian of longitude 168° 58′ 00″ E |
| 4 | South along that meridian to its intersection by the parallel of latitude 27° 36′ 00″ S |
| 5 | West along that parallel to the point of commencement |
2.4 Zone 2 (tenorhpz02) of marine park—Habitat Protection Zone (IV)
Zone 2 (tenorhpz02) 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 (tenorhpz02) of marine park—Habitat Protection Zone (IV) | |
| Item | Description |
| 1 | The point of latitude 29° 12′ 00″ S, longitude 168° 58′ 00″ E |
| 2 | East along the parallel of latitude 29° 12′ 00″ S to its intersection by the meridian of longitude 170° 22′ 00″ E |
| 3 | South along that meridian to its intersection by the line described by article 2 of the Maritime boundary (New Zealand) Treaty |
| 4 | Generally south‑westerly and westerly along that line to its intersection by the meridian of longitude 166° 05′ 00″ E |
| 5 | North along the meridian of longitude 166° 05′ 00″ E to its intersection by the parallel of latitude 31° 09′ 00″ S |
| 6 | East along that parallel to its intersection by the meridian of longitude 167° 07′ 00″ E |
| 7 | North along that meridian to its intersection by the parallel of latitude 27° 36′ 00″ S |
| 8 | East along that parallel to its intersection by the meridian of longitude 168° 58′ 00″ E |
| 9 | South along that meridian to the point of commencement |
2.5 Zone 3 (tenorspn03) of marine park—Special Purpose Zone (Norfolk) (VI)
Zone 3 (tenorspn03) 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 (tenorspn03) of marine park—Special Purpose Zone (Norfolk) (VI) | |
| Item | Description |
| 1 | The point of latitude 28° 38′ 00″ S, longitude 167° 40′ 00″ E |
| 2 | East along the parallel of latitude 28° 38′ 00″ S to its intersection by the meridian of longitude 168° 20′ 00″ E |
| 3 | South along that meridian to its intersection by the parallel of latitude 29° 45′ 00″ S |
| 4 | West along that parallel to its intersection by the meridian of longitude 167° 40′ 00″ E |
| 5 | North along that meridian to the point of commencement |
Part 3 — Lord Howe Marine Park
3.1 Area of marine park
The Lord Howe Marine Park consists of an area in the South Pacific Ocean, excluding any State waters of New South Wales, 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 28° 53′ 00″ S, longitude 158° 12′ 00″ E |
| 2 | East along the parallel of latitude 28° 53′ 00″ S to its intersection by the meridian of longitude 159 ° 54′ 00″ E |
| 3 | South along that meridian to its intersection by the outer limit of the exclusive economic zone |
| 4 | Generally westerly along that outer limit to its intersection by the meridian of longitude 158° 12′ 00″E |
| 5 | North along that meridian to the point of commencement |
3.2 Zones for marine park
(1) The Lord Howe Marine Park is divided into the following zones:
(a) the Multiple Use Zone (VI) described in Section 3.3 of this Part;
(b) the National Park Zones (II) described in Sections 3.4, 3.7 and 3.8 of this Part;
(c) the Recreational Use Zone (IV) described in Section 3.5 of this Part
(d) the Habitat Protection Zone (Lord Howe) (IV) described in Section 3.6 of this Part;
(e) the Habitat Protection Zone (IV) described in Section 3.9 of this Part.
3.3 Zone 1 (telhimuz01) of marine park—Multiple Use Zone (VI)
Zone 1 (telhimuz01) of the marine park consists of an area, excluding the zones described in Sections 3.5 and 3.6, 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 (telhimuz01) of marine park—Multiple Use Zone (VI) | |
| Item | Description |
| 1 | The point of latitude 28° 53′ 00″ S, longitude 158° 12′ 00″ E |
| 2 | East along the parallel of latitude 28° 53′ 00″ S to its intersection by the meridian of longitude 159° 54′ 00″ E |
| 3 | South along that meridian to its intersection by the parallel of latitude 31° 17′ 00″ S |
| 4 | West along that parallel to its intersection by the meridian of longitude 158° 12′ 00″ E |
| 5 | North along that meridian to the point of commencement |
3.4 Zone 2 (telhinpz02) of marine park—National Park Zone (II)
Zone 2 (telhinpz02) 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 (telhinpz02) of marine park—National Park Zone (II) | |
| Item | Description |
| 1 | The point of latitude 29° 21′ 00″ S, longitude 158° 55′ 00″ E |
| 2 | East along the parallel of latitude 29° 21′ 00″ S to its intersection by the meridian of longitude 159° 24′ 00″ E |
| 3 | South along that meridian to its intersection by the parallel of latitude 29° 53′ 00″ S |
| 4 | West along that parallel to its intersection by the meridian of longitude 158° 55′ 00″ E |
| 5 | North along that meridian to the point of commencement |
3.5 Zone 3 (telhiruz03) of marine park—Recreational Use Zone (IV)
Zone 3 (telhiruz03) 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 (telhiruz03) of marine park—Recreational Use Zone (IV) | |
| Item | Description |
| 1 | The point of latitude 29° 53′ 00″ S, longitude 158° 55′ 00″ E |
| 2 | East along the parallel of latitude 29° 53′ 00″ S to its intersection by the meridian of longitude 159° 24′ 00″ E |
| 3 | South along that meridian to its intersection by the parallel of latitude 30° 06′ 35″ S |
| 4 | West along that parallel to its intersection by the meridian of longitude 158° 55′ 00″ E |
| 5 | North along that meridian to the point of commencement |
3.6 Zone 4 (telhihpl04) of marine park—Habitat Protection Zone (Lord Howe) (IV)
Zone 4 (telhihpl04) of the marine park consists of an area, excluding any State waters of New South Wales and the zone described in Section 3.6, 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 4 (telhihpl04) of marine park—Habitat Protection Zone (Lord Howe) (IV) | |
| Item | Description |
| 1 | The point of latitude 31° 46′ 50″ S, longitude 158° 48′ 00″ E |
| 2 | East along the parallel of latitude 31° 46′ 50″ S to its westernmost intersection by the outer limit of the State waters of New South Wales, adjacent to Ball’s Pyramid |
| 3 | Generally northerly, easterly and south‑easterly along that outer limit to its easternmost intersection by the parallel of latitude 31° 46′ 50″ S |
| 4 | East along that parallel to its intersection by the meridian of longitude 159° 54′ 00″ E |
| 5 | North along that meridian to its intersection by the parallel of latitude 31° 17′ 00″ S |
| 6 | West along that parallel to its intersection by the meridian of longitude 158° 48′ 00″ E |
| 7 | South along that meridian to the point of commencement |
3.7 Zone 5 (telhinpz05) of marine park—National Park Zone (II)
Zone 5 (telhinpz05) 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 (telhinpz05) of marine park—National Park Zone (II) | |
| Item | Description |
| 1 | The point of latitude 31° 30′ 40″ S, longitude 159° 24′ 00″ E |
| 2 | South along the meridian of longitude 159° 24′ 00″ E to its intersection by the parallel of latitude 31° 35′ 50″ S |
| 3 | West along that parallel to its intersection by the outer limit of the State waters of New South Wales, adjacent to Lord Howe Island |
| 4 | Generally north‑easterly and north‑westerly along that outer limit to its intersection by the parallel of latitude 31° 30′ 40″ S |
| 5 | East along that parallel to the point of commencement |
3.8 Zone 6 (telhinpz06) of marine park—National Park Zone (II)
Zone 6 (telhinpz06) 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 6 (telhinpz06) of marine park—National Park Zone (II) | |
| Item | Description |
| 1 | The point of latitude 31° 46′ 50″ S, longitude 158° 48′ 00″ E |
| 2 | East along the parallel of latitude 31° 46′ 50″ S to its westernmost intersection by the outer limit of the State waters of New South Wales, adjacent to Ball’s Pyramid |
| 3 | Generally south‑easterly and north‑easterly along that outer limit to its easternmost intersection by the parallel of latitude 31° 46′ 50″ S |
| 4 | East along that parallel to its intersection by the meridian of longitude 159° 54′ 00″ E |
| 5 | South along that meridian to its intersection by the parallel of latitude 32° 20′ 00″ S |
| 6 | West along that parallel to its intersection by the meridian of longitude 158° 48′ 00″ E |
| 7 | North along that meridian to the point of commencement |
3.9 Zone 7 (telhihpz07) of marine park—Habitat Protection Zone (IV)
Zone 7 (telhihpz07) 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 7 (telhihpz07) of marine park—Habitat Protection Zone (IV) | |
| Item | Description |
| 1 | The point of latitude 31° 17′ 00″ S, longitude 158° 12′ 00″ E |
| 2 | East along the parallel of latitude 31° 17′ 00″ S to its intersection by the meridian of longitude 158° 48′ 00″ E |
| 3 | South along that meridian to its intersection by the parallel of latitude 32° 20′ 00″ S |
| 4 | East along that parallel to its intersection by the meridian of longitude 159° 54′ 00″ E |
| 5 | South along that meridian to its intersection by the outer limit of the exclusive economic zone |
| 6 | Generally westerly along that outer limit to its intersection by the meridian of longitude 158° 12′ 00″ E |
| 7 | North along that meridian to the point of commencement |
Part 4 — Central Eastern Marine Park
4.1 Area of marine park
The Central Eastern Marine Park consists of an area in the South Pacific Ocean 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 27° 13′ 00″ S, longitude 154° 47′ 00″ E |
| 2 | East along the parallel of latitude 27° 13′ 00″ S to its intersection by the meridian of longitude 155° 20′ 00″ E |
| 3 | South-easterly along the geodesic to the point of latitude 28° 53′ 00″ S, longitude 156° 38′ 00″ E |
| 4 | South along the meridian of longitude 156° 38′ 00″ E to its intersection by the parallel of latitude 33° 34′ 54″ S |
| 5 | West along that parallel to its intersection by the meridian of longitude 155° 48′ 00″ E |
| 6 | North along that meridian to its intersection by the parallel of latitude 30° 25′ 00″ S |
| 7 | West along that parallel to its intersection by the meridian of longitude 153° 28′ 00″ E |
| 8 | North along that meridian to its intersection by the parallel of latitude 30° 21′ 00″ S |
| 9 | North-easterly along the geodesic to the point of latitude 30° 13′ 30″ S, longitude 153° 32′ 30″ E |
| 10 | North along the meridian of longitude 153° 32′ 30″ E to its intersection by the parallel of latitude 30° 00′ 40″S |
| 11 | East along that parallel to its intersection by the meridian of longitude 155° 48′ 00″ E |
| 12 | North-westerly along the geodesic to the point of commencement |
4.2 Zones for marine park
(1) The Central Eastern Marine Park is divided into the following zones:
(a) the Habitat Protection Zones (IV) described in clauses 4.3 and 4.6 of this Part;
(b) the Multiple Use Zone (VI) described in clause 4.4 of this Part;
(c) the National Park Zone (II) described in clause 4.5 of this Part.
4.3 Zone 1 (teceehpz01) of marine park—Habitat Protection Zone (IV)
Zone 1 (teceehpz01) 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 (teceehpz01) of marine park—Habitat Protection Zone (IV) | |
| Item | Description |
| 1 | The point of latitude 27° 13′ 00″ S, longitude 154° 47′ 00″ E |
| 2 | East along the parallel of latitude 27° 13′ 00″ S to its intersection by the meridian of longitude 155° 20′ 00″ E |
| 3 | South‑easterly along the geodesic to the point of latitude 28° 53′ 00″ S, longitude 156° 38′ 00″ E |
| 4 | South along the meridian of longitude 156° 38′ 00″ E to its intersection by the parallel of latitude 30° 17′ 00″ S |
| 5 | West along that parallel to its intersection by the meridian of longitude 155° 48′ 00″ E |
| 6 | South along that meridian to its intersection by the parallel of latitude 30° 25′ 00″ S |
| 7 | West along that parallel to its intersection by the meridian of longitude 153° 39′ 30″ E |
| 8 | North along that meridian to its intersection by the parallel of latitude 30° 00′ 40″ S |
| 9 | East along that parallel to its intersection by the meridian of longitude 155° 48′ 00″ E |
| 10 | North‑westerly along the geodesic to the point of commencement |
4.4 Zone 2 (teceemuz02) of marine park—Multiple Use Zone (VI)
Zone 2 (teceemuz02) 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 (teceemuz02) of marine park—Multiple Use Zone (VI) | |
| Item | Description |
| 1 | The point of latitude 30° 00′ 40″ S, longitude 153° 32′ 30″ E |
| 2 | East along the parallel of latitude 30° 00′ 40″ S to its intersection by the meridian of longitude 153° 39′ 30″ E |
| 3 | South along that meridian to its intersection by the parallel of latitude 30° 25′ 00″ S |
| 4 | West along that parallel to its intersection by the meridian of longitude 153° 28′ 00″ E |
| 5 | North along that meridian to its intersection by the parallel of latitude 30° 21′ 00″ S |
| 6 | North‑easterly along the geodesic to the point of latitude 30° 13′ 30″ S, longitude 153° 32′ 30″ E |
| 7 | North along the meridian of longitude 153° 32′ 30″ E to the point of commencement |
4.5 Zone 3 (teceenpz03) of marine park—National Park Zone (II)
Zone 3 (teceenpz03) 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 (teceenpz03) of marine park—National Park Zone (II) | |
| Item | Description |
| 1 | The point of latitude 30° 17′ 00″ S, longitude 155° 48′ 00″ E |
| 2 | East along the parallel of latitude 30° 17′ 00″ S to its intersection by the meridian of longitude 156° 38′ 00″ E |
| 3 | South along that meridian to its intersection by the parallel of latitude 31° 12′ 00″ S |
| 4 | West along that parallel to its intersection by the meridian of longitude 155° 48′ 00″ E |
| 5 | North along that meridian to the point of commencement |
4.6 Zone 4 (teceehpz04) of marine park—Habitat Protection Zone (IV)
Zone 4 (teceehpz04) 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 4 (teceehpz04) of marine park—Habitat Protection Zone (IV) | |
| Item | Description |
| 1 | The point of latitude 31° 12′ 00″ S, longitude 155° 48′ 00″ E |
| 2 | East along the parallel of latitude 31° 12′ 00″ S to its intersection by the meridian of longitude 156° 38′ 00″ E |
| 3 | South along that meridian to its intersection by the parallel of latitude 33° 34′ 54″ S |
| 4 | West along that parallel to its intersection by the meridian of longitude 155° 48′ 00″ E |
| 5 | North along that meridian to the point of commencement |
Part 5 — Solitary Islands Marine Park
5.1 Area of marine park
The Solitary Islands Marine Park consists of an area in the South Pacific Ocean, excluding any State waters of New South Wales, 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 parallel of latitude 29° 40′ 18.28″ S by the coastline of New South Wales at mean low water |
| 2 | East along that parallel to its intersection by the line corresponding with the 50 metre isobath below mean high water on the coast of New South Wales |
| 3 | Generally southerly along that isobath to its intersection by the parallel of latitude 30° 18′ 19.27″ S |
| 4 | West along that parallel to its intersection by the coastline of New South Wales at mean low water |
| 5 | Generally northerly along that low water mark to the point of commencement |
5.2 Zones for marine park
(1) The Solitary Islands Marine Park is divided into the following zones:
(a) the Multiple Use Zone (VI) described in clause 5.3 of this Part;
(b) the National Park Zone (II) described in clause 5.4 of this Part;
(c) the Special Purpose Zone (Trawl) (VI) described in Section 5.5 of this Part.
5.3 Zone 1 (tesolmuz01) of marine park—Multiple Use Zone (VI)
Zone 1 (tesolmuz01) of the marine park consists of an area, excluding the zone described in Section 5.5 and any State waters of New South Wales, 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 (tesolmuz01) of marine park—Multiple Use Zone (VI) | |
| Item | Description |
| 1 | The intersection of the parallel of latitude 29° 40′ 18.28″ S by the coastline of New South Wales at mean low water |
| 2 | East along that parallel to its intersection by the line corresponding with the 50 metre isobath below mean high water on the coast of New South Wales |
| 3 | Generally southerly along that isobath to its intersection by the parallel of latitude 29° 46′ 42″ S |
| 4 | West along that parallel to its intersection by the coastline of New South Wales at mean low water |
| 5 | Generally northerly along that low water mark to the point of commencement |
5.4 Zone 2 (tesolnpz02) of marine park—National Park Zone (II)
Zone 2 (tesolnpz02) 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 (tesolnpz02) of marine park—National Park Zone (II) | |
| Item | Description |
| 1 | The point of latitude 29° 41′ 32.1″ S, longitude 153° 23′ 28.5″ E |
| 2 | East along the parallel of latitude 29° 41′ 32.1″ S, to its intersection by the meridian of longitude 153° 24′ 15.6″ E |
| 3 | South along that meridian to its intersection by the line corresponding with the 50 metre isobath below mean high water on the coast of New South Wales |
| 4 | Generally southerly along that isobath to its intersection by the parallel of latitude 29° 42′ 12.9″ S |
| 4 | West along that parallel to its intersection by the meridian of longitude 153° 23′ 28.5″ E |
| 5 | North along that meridian to the point of commencement |
5.5 Zone 3 (tesolspt03) of marine park—Special Purpose Zone (Trawl) (VI)
Zone 3 (tesolspt03) of the marine park consists of an area, excluding any State waters of New South Wales, 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 3 (tesolspt03) of marine park—Special Purpose Zone (Trawl) (VI) | |
| Item | Description |
| 1 | The intersection of the parallel of latitude 29° 46′ 42″ S by the coastline of New South Wales at mean low water |
| 2 | East along that parallel to its intersection by the line corresponding with the 50 metre isobath below mean high water on the coast of New South Wales |
| 3 | Generally southerly along that isobath to its intersection by the parallel of latitude 30° 18′ 19.27″ S |
| 4 | West along that parallel to its intersection by the coastline of New South Wales at mean low water |
| 5 | Generally northerly along that low water mark to the point of commencement |
Part 6 — Cod Grounds Marine Park
6.1 Area of marine park
The Cod Grounds Marine Park consists of an area in the Tasman 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 31° 40′ 19″ S, longitude 152° 53′ 59″ E |
| 2 | East along the parallel of latitude 31° 40′ 19″ S, to its intersection by the meridian of longitude 152° 55′ 15″E |
| 3 | South along that meridian to its intersection by the parallel of latitude 31° 41′ 25″ S |
| 4 | West along that parallel to its intersection by the meridian of longitude 152° 53′ 59″ E |
| 5 | North along that meridian to the point of commencement |
6.2 Zone (tecodnpz01) for marine park
(1) The Cod Grounds Marine Park has the following zone:
(a) the National Park Zone (II) described in Section 6.1 of this Part.
Part 7 — Hunter Marine Park
7.1 Area of marine park
The Hunter Marine Park consists of an area in the Tasman 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 32° 01′ 00″ S, longitude 153° 12′ 00″ E |
| 2 | East along the parallel of latitude 32° 01′ 00″ S to its intersection by the meridian of longitude 153° 42′ 00″ E |
| 3 | South along that meridian to its intersection by the parallel of latitude 32° 41′ 00″ S |
| 4 | West along that parallel to its intersection by the outer limit of the State waters of New South Wales |
| 5 | Generally north-easterly and northerly along that outer limit to its intersection by the parallel of latitude 32° 20′ 00″ S |
| 6 | East along that parallel to its intersection by the meridian of longitude 153° 03′ 30″ E |
| 7 | North-easterly along the geodesic to the point of commencement |
7.2 Zones for marine park
(1) The Hunter Marine Park is divided into the following zones:
(a) the Special Purpose Zone (Trawl) (VI) described in Section 7.3 of this Part;
(b) the Habitat Protection Zone (IV) described in Section 7.4 of this Part.
7.3 Zone 1 (tehunspt01) of marine park—Special Purpose Zone (Trawl) (VI)
Zone 1 (tehunspt01) 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 (tehunspt01) of marine park—Special Purpose Zone (Trawl) (VI) | |
| Item | Description |
| 1 | The point of latitude 32° 20′ 00″ S, longitude 153° 03′ 30″ E |
| 2 | South‑westerly along the geodesic to the point of latitude 32° 41′ 00″ S, longitude 152° 54′ 00″ E |
| 3 | West along the parallel of latitude 32° 41′ 00″ S to its intersection by the outer limit of the State waters of New South Wales |
| 4 | Generally north‑easterly and northerly along that outer limit to its intersection by the parallel of latitude 32° 20′ 00″ S |
| 5 | East along that parallel to the point of commencement |
7.4 Zone 2 (tehunhpz02) of marine park—Habitat Protection Zone (IV)
Zone 2 (tehunhpz02) 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 (tehunhpz02) of marine park—Habitat Protection Zone (IV) | |
| Item | Description |
| 1 | The point of latitude 32° 01′ 00″ S, longitude 153° 12′ 00″ E |
| 2 | East along the parallel of latitude 32° 01′ 00″ S to its intersection by the meridian of longitude 153° 42′ 00″ E |
| 3 | South along that meridian to its intersection by the parallel of latitude 32° 41′ 00″ S |
| 4 | West along that parallel to its intersection by the meridian of longitude 152° 54′ 00″ E |
| 5 | North‑easterly along the geodesic to the point of latitude 32° 20′ 00″ S, longitude 153° 03′ 30″ E |
| 6 | North‑easterly along the geodesic to the point of commencement |
Part 8 — Jervis Marine Park
8.1 Area of marine park
The Jervis Marine Park consists of an area in the Tasman 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 35° 00′ 00″ S, longitude 151° 12′ 00″ E |
| 2 | East along the parallel of latitude 35° 00′ 00″ S to its intersection by the meridian of longitude 151° 36′ 00″ E |
| 3 | South along that meridian to its intersection by the parallel of latitude 35° 24′ 00″ S |
| 4 | West along that parallel to its intersection by the meridian of longitude 151° 09′ 00″ E |
| 5 | North-westerly along the geodesic to the point of latitude 35° 21′ 30″ S, longitude 151° 00′ 30″ E |
| 6 | North-westerly along the geodesic to the point of latitude 35° 19′ 00″ S, longitude 150° 52′ 00″ E |
| 7 | North-easterly along the geodesic to the point of latitude 35° 03′ 00″ S, longitude 151° 01′ 00″ E |
| 8 | East along the parallel of latitude 35° 03′ 00″ S to its intersection by the meridian of longitude 151° 12′ 00″E |
| 9 | North along that meridian to the point of commencement |
8.2 Zones for marine park
(1) The Jervis Marine Park is divided into the following zones:
(a) the Special Purpose Zone (Trawl) (VI) described in Section 8.3 of this Part;
(b) the Habitat Protection Zone (IV) described in Section 8.4 of this Part.
8.3 Zone 1 (tejerspt01) of marine park—Special Purpose Zone (Trawl) (VI)
Zone 1 (tejerspt01) 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 (tejerspt01) of marine park—Special Purpose Zone (Trawl) (VI) | |
| Item | Description |
| 1 | The point of latitude 35° 03′ 00″ S, longitude 151° 01′ 00″ E |
| 2 | East along the parallel of latitude 35° 03′ 00″ S to its intersection by the meridian of longitude 151° 12′ 00″ E |
| 3 | South‑westerly along the geodesic to the point of latitude 35° 21′ 30″ S, longitude 151° 00′ 30″ E |
| 4 | North‑westerly along the geodesic to the point of latitude 35° 19′ 00″ S, longitude 150° 52′ 00″ E |
| 5 | North‑easterly along the geodesic to the point of commencement |
8.4 Zone 2 (tejerhpz02) of marine park—Habitat Protection Zone (IV)
Zone 2 (tejerhpz02) 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 (tejerhpz02) of marine park—Habitat Protection Zone (IV) | |
| Item | Description |
| 1 | The point of latitude 35° 00′ 00″ S, longitude 151° 12′ 00″ E |
| 2 | East along the parallel of latitude 35° 00′ 00″ S to its intersection by the meridian of longitude 151° 36′ 00″ E |
| 3 | South along that meridian to its intersection by the parallel of latitude 35° 24′ 00″ S |
| 4 | West along that parallel to the meridian of longitude 151° 09′ 00″ E |
| 5 | North‑westerly along the geodesic to the point of latitude 35° 21′ 30″ S, longitude 151° 00′ 30″ E |
| 6 | North‑easterly along the geodesic to the point of latitude 35° 03′ 00″ S, longitude 151° 12′ 00″ E |
| 7 | North along the meridian of longitude 151° 12′ 00″ E 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 (2009) East 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 Temperate East 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.
Great Barrier Reef Marine Park Authority (2004): Great Barrier Reef Marine Park Zoning Boundaries.
National Geospatial – Intelligence Agency (2012): World Port Index.
PBEncom Petroleum Information (2017): GPInfo petroleum exploration database.
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