EXPLANATORY STATEMENT
Heard Island and McDonald Islands Marine Reserve Management Plan 2014-2024
Heard Island and McDonald Islands Marine Reserve
The Heard Island and McDonald Islands Marine Reserve (the Reserve) is located some 4000 kilometres south-west of mainland Australia in the southern Indian Ocean. It encompasses the World Heritage listed Commonwealth external territory of Heard Island and McDonald Islands. Being some 71,000 square kilometres in area, the Reserve is the Commonwealth’s largest IUCN Category 1a Strict Nature Reserve.
The Reserve possesses an incredibly dynamic natural environment that is dominated by volcanism, glacial action, major ocean currents and abundant wildlife. By virtue of its extreme isolation and harsh subantarctic climate, the Reserve is largely devoid of introduced species. The Reserve provides important breeding and foraging grounds for many bird and mammal species and possesses important benthic habitats and unique marine species.
The Reserve was declared on 3 October 2002 under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) for the purpose of ‘protecting the conservation values of Heard Island and McDonald Islands and the adjacent unique and vulnerable marine ecosystems’. In 2009 a comprehensive scientific assessment of the region’s conservation values recommended that some 6200 square kilometres of high conservation value waters should be added to the Reserve. An extensive consultation with key stakeholders was undertaken. A proclamation made under s.350 of the EPBC Act to amend the Reserve’s boundaries came into effect on 28 March 2014 (F2014L00361). The second management plan reflects these new boundaries.
The first management plan for the Reserve was in effect from 24 August 2005 to 23 August 2012. The substance of the second management plan is largely consistent with that of the first management plan. The second management plan is, however, more attuned to the logistical constraints associated with the Reserve’s harsh environment and extreme isolation. “Reasonableness” qualifications have therefore been applied to some of the second management plan’s objectives.
Overview of the Legislative Instrument
The Director of National Parks prepares management plans for Commonwealth reserves in accordance with s.368 of the EPBC Act. The purpose of this management plan is to describe the philosophy and direction of management for the Reserve for the next ten years in accordance with the EPBC Act. The management plan enables management to proceed in an orderly way, helps to reconcile competing interests and identifies priorities for the allocation of available resources.
The EPBC Act and its Regulations prohibit certain activities from occurring in the Reserve and other Commonwealth reserves. The management plan for the Reserve is an enabling document. It allows management activities to occur that would otherwise be restricted under the EPBC Act or Regulations, and enables certain management, recreational and commercial activities to occur.
Consultation
On 19 October and 22 October 2011 respectively, consistent with s.368(2) of the EPBC Act, notices were published in the Australian Government Gazette and the Weekend Australian newspaper inviting comments on the proposal to prepare a draft management plan. The public consultation period closed on 30 November 2011. Two submissions were received.
Following consideration of these submissions the Director prepared a draft management plan in accordance with s.368(1)(b) of the EPBC Act. On 1 July and 5 July 2014 respectively, consistent with s.368(5) of the EPBC Act, notices were published in the Australian Government Gazette and the Weekend Australian newspaper inviting comments on the draft management plan. Copies of the draft management plan were made available on the heardisland.aq and antarctica.gov.au websites and through the Australian Antarctic Division free of charge. Copies of the draft management plan were sent to all key stakeholders along with an invitation to comment. The public consultation period closed on 15 August 2014. Three submissions were received. The Director considered these submissions when finalising the management plan and amended the management plan where appropriate.
Period of operation
This management plan will come into effect at the beginning of the day after it is registered under the Legislative Instruments Act 2003. It will cease to have effect ten years after commencement, unless revoked or amended by another management plan.
Regulation impact statement
The Office of Best Practice and Regulation (OBPR) advised that a Regulatory Impact Statement was not required for this management plan (OBPR reference identification: 2012/13516).
Tony Fleming
Director
Australian Antarctic Division
Delegate of the Director of National Parks
October 2014
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Heard Island and McDonald Islands Marine Reserve Management Plan 2014-2024
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Director of National Parks prepares management plans for Commonwealth reserves in accordance with Section 368 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The purpose of this management plan is to describe the philosophy and direction of management for the Heard Island and McDonald Islands Marine Reserve for the next ten years in accordance with the EPBC Act. The plan enables management to proceed in an orderly way, helps to reconcile competing interests, and identifies priorities for the allocation of available resources. The EPBC Act and associated Regulations prohibit certain activities from occurring in the Heard Island and McDonald Islands Marine Reserve and other Commonwealth reserves. The management plan for the Reserve is an enabling document. It allows management activities to occur that would otherwise be restricted under EPBC legislation, and enables certain management, recreational and commercial activities to occur.
Human rights implications
The Legislative Instrument engages the right to freedom of movement. The Reserve encapsulates the Territory of Heard Island and McDonald Islands, which possesses outstanding universal values. It is reasonable, necessary and proportionate to restrict access to that part of the Reserve that encapsulates the Territory of Heard Island and McDonald Islands in order to protect these values. This restriction is not absolute. Persons may still access this part of the Reserve with a permit. To obtain a permit, persons must meet the prescriptions of the management plan.
Conclusion
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 for it is reasonable, necessary and proportionate.
Dr. Tony Fleming
Director
Australian Antarctic Division
October 2014