Coral Sea Marine Park North East Cay (Herald Cays) Prohibition of Entry

Overview

The Environment Protection and Biodiversity Conservation Regulations 2025 were enacted to address critical environmental protection and biodiversity conservation issues in Australia, particularly within designated marine parks. This legislation was introduced by the Australian Parliament to ensure that key marine areas are preserved for their ecological significance and to manage human activities that may impact these sensitive environments. One specific regulation, detailed in Subregulation 12.23(3), imposes a prohibition on entry to North East Cay in the Herald Cays of the Coral Sea Marine Park. This prohibition aims to safeguard the area from unauthorised human intrusion, thereby protecting its unique biodiversity and fragile ecosystems. The enacting authority for these regulations is the Director of National Parks, who has the power to implement and enforce such prohibitions to uphold the objectives of the Environment Protection and Biodiversity Conservation Act 1999.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2025, specifically subregulation 12.23(3), establish a prohibition on entry to North East Cay (Herald Cays) in the Coral Sea Marine Park. This prohibition applies to all persons except officers, servants, and agents of the Commonwealth of Australia and its authorities when they are acting in the course of their duties, and individuals authorised by the Director of National Parks. The geographic reach of this prohibition encompasses the entirety of North East Cay as defined by a closed polygonal boundary specified in Schedule 1 of the regulations. This boundary is defined by eight geographic coordinate points in decimal degrees, using the Geocentric Datum of Australia 1994 (GDA94) as per the Commonwealth of Australia Gazette GN of 6 September 1995. The prohibition notice issued by the Director of National Parks, Ricky Archer, commences the day after its registration and remains in effect until it is revoked or amended.

Key Provisions

The main operative sections of this Notifiable Instrument, as per subregulation 12.23(3) of the Environment Protection and Biodiversity Conservation Regulations 2025, establish a prohibition on entry to North East Cay (Herald Cays) within the Coral Sea Marine Park. This prohibition applies to all persons except officers, servants, and agents of the Commonwealth of Australia and its authorities, provided they are acting in the course of their duties, as well as individuals who have been authorised by the Director of National Parks (subregulation 12.23(3)). The prohibition on entry to the specified area takes effect the day after it is registered and will remain in force until it is revoked or amended by the Director of National Parks. The Act imposes a clear restriction on who can enter North East Cay (Herald Cays) in the Coral Sea Marine Park. Essentially, anyone who is not an authorised officer, servant, or agent of the Commonwealth or someone who has been specifically authorised by the Director of National Parks is prohibited from entering the area. This restriction aims to protect the ecological integrity of the region and prevent unauthorised activities that could harm the marine environment. Failure to comply with the entry prohibition outlined in this Act could result in legal consequences. Although specific offences, penalties, or civil/criminal consequences are not detailed in the Notifiable Instrument itself, it is reasonable to infer that breaches of this prohibition could lead to enforcement actions under the broader provisions of the Environment Protection and Biodiversity Conservation Act 1999. The penalties for breaching such regulations can include fines and, in some cases, imprisonment, depending on the severity of the breach and the specific circumstances involved. The maximum penalties would be determined by the courts based on the nature and extent of the violation.