Environment Protection and Biodiversity Conservation Regulations 2000
Subregulation 12.34(3)
CHRISTMAS ISLAND MARINE PARK AND COCOS (KEELING) ISLANDS MARINE PARK
PROHIBITION OF COMMERCIAL FISHING PRACTICES IN NATIONAL PARK ZONES
I, JASON MUNDY, First Assistant Secretary, Department of Agriculture, Water and the Environment, acting under delegation from the Director of National Parks, and having taken into account the effects of commercial fishing on the protection and conservation of biodiversity, HEREBY DETERMINE pursuant to subregulation 12.34(3) of the Environment Protection and Biodiversity Conservation Regulations 2000, that all commercial fishing practices are prohibited in all areas within the Christmas Island Marine Park and the Cocos (Keeling) Islands Marine Park, which are IUCN Category II - National Park Zone, as defined in the Environment Protection and Biodiversity Conservation (Indian Ocean Territories Marine Parks) Proclamation 2022.
This prohibition commences on the date and at the time on which this prohibition takes effect pursuant to law and remains in effect until this prohibition is revoked or amended.
SIGNED
Jason Mundy
Delegate for the Director of National Parks
First Assistant Secretary
Dated this 31st day of March 2022
.
Overview
The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to address the protection and conservation of biodiversity in Australia. The Christmas Island Marine Park and the Cocos (Keeling) Islands Marine Park were designated as IUCN Category II - National Park Zones under this Act to ensure the preservation of these areas, which are critical for marine life. The regulations were developed in response to concerns about the effects of commercial fishing practices on the biodiversity within these marine parks. This specific regulation, signed by Jason Mundy as the Delegate for the Director of National Parks, prohibits all commercial fishing in the national park zones of these marine parks. The policy objective of this prohibition is to safeguard the ecosystems and marine biodiversity by restricting potentially harmful commercial fishing activities within these protected areas.
Scope and Application
The Environment Protection and Biodiversity Conservation Regulations 2000, as amended by the Christmas Island Marine Park and Cocos (Keeling) Islands Marine Park Prohibition of Commercial Fishing Practices in National Park Zones, applies to all individuals and entities engaged in commercial fishing activities within the specified national park zones of the Christmas Island Marine Park and the Cocos (Keeling) Islands Marine Park. These zones are classified under IUCN Category II, highlighting their importance in terms of biodiversity and ecological preservation. The regulation aims to protect and conserve the unique marine ecosystems by prohibiting any form of commercial fishing in these areas. The jurisdictional reach of this Act is national, extending across the Commonwealth of Australia and affecting the territories in question. It is noteworthy that this regulation does not exclude or exempt any particular entities or activities outside the scope of commercial fishing within the designated national park zones, ensuring a broad application to safeguard the marine environment. The Act’s scope may be further extended or detailed through subordinate instruments, providing additional regulatory clarity and enforcement mechanisms.
Key Provisions
The primary operative sections of this legislation (subregulation 12.34(3) of the Environment Protection and Biodiversity Conservation Regulations 2000) establish that commercial fishing practices are strictly prohibited in the areas within the Christmas Island Marine Park and the Cocos (Keeling) Islands Marine Park that are classified as IUCN Category II - National Park Zones. This prohibition on commercial fishing is intended to protect and conserve the biodiversity within these marine parks. The regulations are effective as of the date they take legal effect and will remain in force until they are revoked or amended by appropriate authority.
The Act imposes specific obligations on individuals and entities engaged in fishing activities within the specified marine parks. Any person or entity must cease all commercial fishing practices in the designated National Park Zones of the Christmas Island Marine Park and the Cocos (Keeling) Islands Marine Park. This includes both direct fishing activities and any ancillary operations or preparations that are part of commercial fishing. Compliance with this regulation is mandatory, and any failure to adhere to the prohibition can result in serious consequences.
Violations of this prohibition are subject to significant legal repercussions. Those found to be in breach of these regulations may face civil or criminal penalties. While the exact penalties are not specified in the text, it is clear that breaches of environmental protection laws, particularly those concerning protected marine areas, can lead to substantial fines and potential imprisonment. The severity of the penalties underscores the importance of adhering to the regulations designed to protect these critical marine ecosystems.