Determination of Burial Areas Coral Sea Marine Park Excluding Special Purpose Zone (Trawl)

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to address the need for a comprehensive framework to protect Australia's biodiversity and manage environmental impacts from activities and developments. These regulations implement the Environment Protection and Biodiversity Conservation Act 1999 and provide detailed provisions for the protection of biodiversity and the management of environmental impacts. The regulations were introduced by the Parliament of Australia and aim to ensure that the conservation and sustainable use of biodiversity are integrated into decision-making processes. Under subregulation 12.32(3) of the Environment Protection and Biodiversity Conservation Regulations 2000, the Acting Director of National Parks has determined that certain zones within the Coral Sea Marine Park, excluding the Special Purpose Zone (Trawl), are designated as burial areas. This determination was made in accordance with the Coral Sea Marine Park Management Plan 2018 and specifies the zones and their boundaries as outlined in Schedules 2 and 4. It is important to note that sea burials are regulated under the Environment Protection (Sea Dumping) Act 1981 and require a permit. This decision aims to balance the preservation of marine ecosystems with the need for designated burial areas within the park.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, as amended by the notifiable instrument F2018N00107, designate specific areas within the Coral Sea Marine Park as burial zones, with the exception of the Special Purpose Zone (Trawl). This determination applies to all persons and entities intending to conduct sea burials in these areas, which are subject to the Environment Protection (Sea Dumping) Act 1981 and require a permit for compliance. The regulation impacts various industries, particularly those involved in maritime activities and waste management, by specifying the allowable areas for sea burials. Geographically, the regulation applies within the Commonwealth of Australia, specifically in the Coral Sea Marine Park. It is important to note that the Special Purpose Zone (Trawl) is excluded from this burial designation. The regulation extends its application through the incorporation of maps and descriptions provided in Schedules 2 and 4 of the Coral Sea Marine Park Management Plan 2018. This legal instrument clarifies the jurisdictional boundaries and specific zones eligible for burial activities, ensuring that environmental protection measures are adhered to in these marine areas.

Key Provisions

The main operative section of this notifiable instrument is subregulation 12.32(3) of the Environment Protection and Biodiversity Conservation Regulations 2000, which empowers the Acting Director of National Parks to determine burial areas within the Coral Sea Marine Park, excluding the Special Purpose Zone (Trawl). This determination, made by Jason Mundy, specifies that certain zones within the park are designated as burial areas, as detailed in the Schedule to this notifiable instrument and described in the Coral Sea Marine Park Management Plan 2018. These zones include various parts of the National Park Zone (IUCN II) and the Habitat Protection Zone (IUCN IV), including the Habitat Protection Zone (Reefs) (IUCN IV), as listed in Schedule 4. Under this regulation, the designated burial areas in the Coral Sea Marine Park are subject to the provisions of the Environment Protection (Sea Dumping) Act 1981. This means that any sea burials within these areas must comply with the requirements of that Act and be conducted in accordance with a permit issued under it. The specific zones and their boundaries are outlined in the Schedule and the Coral Sea Marine Park Management Plan 2018, ensuring that the locations for burials are clearly defined and understood. Breaching the requirements set forth in this determination and the Environment Protection (Sea Dumping) Act 1981 can result in various legal consequences. Offences related to the improper disposal of waste or conducting unauthorised activities in a marine park may be subject to civil or criminal penalties. The maximum penalties for contravening the Act can include substantial fines, imprisonment, or both, depending on the severity of the breach and the specific provisions of the legislation. These penalties are designed to enforce compliance and protect the marine environment. In summary, the determination sets out specific burial areas within the Coral Sea Marine Park, excluding the Special Purpose Zone (Trawl), and mandates compliance with the Environment Protection (Sea Dumping) Act 1981 for any burials conducted in these areas. The regulation imposes clear obligations on individuals and entities to obtain the necessary permits and adhere to the legal requirements for sea burials. Failure to comply with these obligations can lead to significant legal repercussions, including fines and imprisonment.