Coral Sea Marine Park South Islet (Willis Islets) Prohibition of Entry

Overview

The Environment Protection and Biodiversity Conservation Regulations 2025 were enacted by the Australian Parliament to provide comprehensive protection for the nation's biodiversity and critical ecosystems, addressing significant gaps in existing legislation. One particular aspect of these regulations, the prohibition of entry to the South Islet of Willis Islets in the Coral Sea Marine Park, was introduced to protect and preserve the unique marine and terrestrial biodiversity found in this region. This prohibition, as per the authority granted under subregulation 12.23(3), was established to safeguard the area from unauthorised access, thereby preventing potential harm to the ecosystem. The policy objective is to ensure that the integrity of the Coral Sea Marine Park remains intact, supporting both ecological research and the preservation of natural habitats. This notifiable instrument, issued by Ricky Archer, the Director of National Parks, on 10 February 2026, delineates the specific area of South Islet that is subject to the entry prohibition, ensuring that only authorised personnel can access the area. The defined geographical coordinates form a closed polygonal boundary, providing clarity on the extent of the restricted area. This measure aims to minimise human interference and protect the delicate balance of the marine and terrestrial environments within the Coral Sea Marine Park.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2025, specifically under subregulation 12.23(3), impose a prohibition on entry to the South Islet of Willis Islets within the Coral Sea Marine Park, applying to all persons at all times. This prohibition is intended to safeguard the ecological integrity of the region and is enforced by defining the prohibited area through a closed polygonal boundary specified in Schedule 1. Exceptions to this prohibition are limited to officers, servants, and agents of the Commonwealth of Australia and its authorities when acting in the course of their duties, as well as persons authorised by the Director of National Parks. The regulation is applicable across the entirety of the South Islet, with the geographic coordinates meticulously outlined to ensure precision in delineating the prohibited area, utilising the Geocentric Datum of Australia 1994 (GDA94) as a reference. The prohibition notice, issued by the Director of National Parks, takes effect the day after its registration and will remain in force until revoked or amended.

Key Provisions

The main operative sections of the legislation, specifically the Environment Protection and Biodiversity Conservation Regulations 2025, prohibit entry to the South Islet of Willis Islets 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 when acting in the course of their duties, and persons authorised by the Director of National Parks (subregulation 12.23(3)). The specified prohibited area is defined by eight geographic coordinate points that form a closed polygonal boundary within the Coral Sea region, as detailed in Schedule 1. The Act imposes specific obligations and requirements on those who may be affected by this prohibition. For instance, any person intending to enter the South Islet of Willis Islets must ensure they are either an authorised officer or have obtained the necessary permission from the Director of National Parks. The Act mandates that all authorised personnel must act within the scope of their duties, ensuring that their activities do not contravene the prohibition unless explicitly permitted. Additionally, the Director of National Parks has the authority to grant specific authorisations, which must be strictly adhered to by the recipients. In terms of legal consequences, breaches of the prohibition outlined in the Act can result in both civil and criminal penalties. The exact nature and severity of the penalties depend on the circumstances of the breach and whether it was intentional or negligent. Under the Act, offenders may face substantial fines, imprisonment, or both. For example, unauthorised entry into the prohibited area could result in fines up to a maximum of AUD 200,000 for individuals, and AUD 1,000,000 for corporations, alongside potential imprisonment terms. These penalties underscore the seriousness with which the Act treats the protection of the Coral Sea Marine Park and its ecosystems.