Coral Sea Marine Park Magdelaine Cay South Prohibition of Entry

Overview

The Environment Protection and Biodiversity Conservation Regulations 2025 were enacted by the Parliament of Australia to address the need for comprehensive protection of significant environmental areas, including marine parks. This legislation aims to safeguard biodiversity and ecological processes, and to prevent significant impact on heritage values and the natural character of the environment. A specific problem this regulation seeks to address is the preservation of sensitive areas like Magdelaine Cay South in the Coral Sea Marine Park, which are vital for maintaining marine biodiversity and ecological balance. By prohibiting entry to this area, except for authorised personnel, the regulations reinforce the protection of these fragile ecosystems against potential anthropogenic disturbances. The policy objective behind these regulations is to ensure the conservation of Australia's unique and ecologically significant environments, contributing to global biodiversity conservation efforts.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2025, under subregulation 12.23(3), specifically address the prohibition of entry to Magdelaine Cay South in the Coral Sea Marine Park. This prohibition applies to all persons at all times, except for officers, servants, and agents of the Commonwealth of Australia and its authorities who are acting in the course of their duties, as well as individuals authorised by the Director of National Parks. This prohibition notice, issued by Ricky Archer, the Director of National Parks, commences the day after its registration and remains in effect until it is revoked or amended. The geographic reach of this prohibition is clearly defined by Schedule 1, which outlines the prohibited area through a series of geographic coordinates in decimal degrees, forming a closed polygonal boundary within the Coral Sea region, adhering to the Geocentric Datum of Australia 1994 (GDA94).

Key Provisions

The Environment Protection and Biodiversity Conservation Regulations 2025, specifically subregulation 12.23(3), establish a prohibition on entry to Magdelaine Cay South within the Coral Sea Marine Park. This prohibition is intended to safeguard the area and is detailed in a notice issued by Ricky Archer, the Director of National Parks. The notice specifies that entry to the designated area is forbidden for all individuals, except for officers, servants, and agents of the Commonwealth of Australia and its authorities who are acting in the course of their duties, as well as individuals who have been granted permission by the Director of National Parks (subregulation 12.23(3)). The prohibition applies to the entire area of Magdelaine Cay South, which is meticulously outlined in Schedule 1. This schedule provides a closed polygonal boundary defined by eight geographic coordinate points, each expressed in decimal degrees using the Geocentric Datum of Australia 1994 (GDA94). These coordinates form a clear and specific perimeter that delineates the prohibited area. The notice is effective from the day after it is registered and remains in force until it is either revoked or amended by a subsequent notice. Entities and individuals governed by this regulation must adhere to the prohibition by refraining from entering the specified area unless they fall under the exceptions mentioned. Compliance involves recognising the boundaries outlined in Schedule 1 and ensuring that no unauthorised entry is attempted. Failure to adhere to this prohibition may result in legal consequences, including potential civil or criminal penalties. The exact nature and severity of these penalties are not detailed within the notice itself, but they would typically be prescribed by the broader legislative framework under which these regulations operate.