Determination of Areas for the Disposal of Industrial Waste - Vessels Coral Sea Marine Park – Zones Assigned to IUCN Category IV and VI

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to address the need for comprehensive regulation of activities that may impact the environment and biodiversity, particularly those involving industrial waste disposal. This regulation was introduced to ensure that such activities are conducted in a manner that minimises harm to the environment while allowing for sustainable development. The determination under subregulation 12.14B(1) specifies that certain zones within the Coral Sea Marine Park, assigned to IUCN Category IV and VI, may be used for the disposal of industrial waste from vessels, provided it is done in accordance with a permit issued under the Environment Protection (Sea Dumping) Act 1981. This regulatory approach aims to balance environmental protection with the practical needs of industrial operations, ensuring that waste disposal activities do not adversely affect marine ecosystems. The determination was made by Jason Mundy, Acting Director of National Parks, on 27th June 2018, reflecting the policy objective to protect marine environments while facilitating controlled industrial activities.

Scope and Application

The determination under subregulation 12.14B(1) of the Environment Protection and Biodiversity Conservation Regulations 2000, signed by Jason Mundy as the Acting Director of National Parks, pertains specifically to the Coral Sea Marine Park and addresses the disposal of industrial waste by vessels. This regulation applies to zones within the Coral Sea Marine Park that are classified under the International Union for Conservation of Nature (IUCN) Category IV or VI. The zones affected are those listed in Schedule 2 and detailed in Schedule 4 of the Coral Sea Marine Park Management Plan 2018. This includes Habitat Protection Zones (IUCN Category IV) and Special Purpose Zones (Trawl) (IUCN Category VI), as specified in the Schedule to the determination. For these zones, vessels are permitted to dispose of industrial waste subject to obtaining a permit under the Environment Protection (Sea Dumping) Act 1981. The regulation delineates the geographic scope to the specified zones within the Coral Sea Marine Park, ensuring that industrial waste disposal by vessels adheres to the stipulated environmental and regulatory standards.

Key Provisions

The main sections of the notifiable instrument establish that certain zones within the Coral Sea Marine Park, specifically those assigned to IUCN Category IV or VII, can be used for the disposal of industrial waste from vessels, subject to a permit under the Environment Protection (Sea Dumping) Act 1981 (subregulation 12.14B(1)). These zones are identified in Schedule 2 and described in Schedule 4 to the Coral Sea Marine Park Management Plan 2018. Specifically, the zones designated for vessel disposal of industrial waste include Habitat Protection Zones (IUCN Category IV) and Habitat Protection Zones (Reefs) (IUCN Category IV), as well as Special Purpose Zones (Trawl) (IUCN Category VI). Each of these zones is listed with corresponding zone numbers and clause descriptions in the Schedule. The Act imposes several obligations and requirements on parties or entities involved in the disposal of industrial waste from vessels in these zones. Firstly, any disposal must occur in accordance with a permit issued under the Environment Protection (Sea Dumping) Act 1981. This means that individuals or companies intending to dispose of industrial waste in these areas must obtain the necessary permit and adhere to its terms and conditions. Furthermore, the disposal activities must be carried out in a manner that does not harm the marine environment or the specific ecological features of the zones, such as coral reefs or other sensitive habitats. The notifiable instrument also outlines the consequences for non-compliance with its provisions. Breaches of the requirements can result in both civil and criminal penalties. Under the Environment Protection and Biodiversity Conservation Act 1999, individuals or entities found in breach of the regulations may face fines, imprisonment, or both, depending on the severity of the offence. For instance, individuals may be subject to fines of up to $66,000, while companies can face fines of up to $330,000. Additionally, officers authorised by the Director of National Parks may take enforcement actions, including issuing infringement notices or initiating legal proceedings against violators. These penalties serve to enforce compliance and protect the marine environment from the adverse impacts of improper waste disposal.