Determination of Burial Areas North Network of Marine Parks – Parks and Park Zones Excluding Special Purpose Zone (Trawl)

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted by the Parliament of Australia to address the need for comprehensive regulation of activities that may impact the environment, particularly biodiversity, in Australia and its territories. The regulations provide a framework for the protection of the environment and the management of activities that may cause significant harm to the environment or its biodiversity. In this context, the notifiable instrument F2018N00097 was introduced to determine specific areas within the North Network of Marine Parks as burial areas. This instrument was issued by Jason Mundy, the Acting Director of National Parks, under subregulation 12.32(3) of the aforementioned regulations. The policy objective of this determination is to ensure that sea burials, which are subject to the Environment Protection (Sea Dumping) Act 1981, are conducted in accordance with the necessary permits and within designated areas to protect marine ecosystems and biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, under subregulation 12.32(3), specify the determination of burial areas within the North Network of Marine Parks, excluding the Special Purpose Zone Trawl in Oceanic Shoals, Arafura, Wessel, and Gulf of Carpentaria Marine Parks. This determination applies to the specific areas outlined in Schedule 2 and described in Schedule 4 of the North Marine Parks Network Management Plan 2018. The Act applies to those conducting sea burials within these designated areas, subject to the conditions and requirements of the Environment Protection (Sea Dumping) Act 1981, which mandates that any sea burials must be conducted in accordance with a permit issued under that Act. The geographic scope of this legislation is confined to the specified marine parks within the North Network, ensuring that any burial activities within these areas comply with environmental protection standards and biodiversity conservation objectives.

Key Provisions

The key operative sections of this legislation concern the determination of burial areas within specific marine parks. Subregulation 12.32(3) of the Environment Protection and Biodiversity Conservation Regulations 2000 empowers the Acting Director of National Parks to designate certain areas within the North Network of Marine Parks as burial areas, excluding the Special Purpose Zone Trawl in Oceanic Shoals, Arafura, Wessel, and Gulf of Carpentaria Marine Parks. These areas are outlined in marine park maps in Schedule 2 and described in Schedule 4 to the North Marine Parks Network Management Plan 2018. The burial areas are explicitly stated to be those shown in the aforementioned schedules, ensuring that the boundaries and specific zones are clearly defined. The obligations imposed by this legislation on parties or entities include strict adherence to the defined burial areas. Any sea burials within these zones must comply with the Environment Protection (Sea Dumping) Act 1981, and a permit must be obtained under that Act. This means that any individual or entity wishing to conduct a burial at sea within these areas must follow the necessary legal requirements and obtain the required permissions. Failure to do so could result in non-compliance with environmental protection laws and potentially face legal consequences. In terms of penalties and consequences for breach, the Environment Protection (Sea Dumping) Act 1981 provides for both civil and criminal penalties. For civil breaches, the Act allows for enforcement notices, compliance orders, and the imposition of pecuniary penalties. The maximum penalty for contravening the Act can be significant, with fines reaching up to $1.65 million for corporations and $330,000 for individuals, as per the relevant provisions of the Act. Criminal penalties may also apply, including imprisonment terms which can extend up to five years for individuals and seven years for corporations, again as stipulated in the Act. These penalties underscore the seriousness with which the law regards non-compliance with sea burial regulations within designated marine parks.