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

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to provide a framework for the protection of the environment and biodiversity in Australia. This legislation aims to fill the gap in existing environmental protection laws by ensuring the conservation of biodiversity and minimising environmental harm. The determination of burial areas within the North-west Network of Marine Parks, excluding certain zones, was made under subregulation 12.32(3) of these regulations. This was done by Jason Mundy, the Acting Director of National Parks, on 27 June 2018. The policy objective of this determination is to regulate burial activities in marine parks to protect marine ecosystems, while still allowing for sea burials to be conducted in accordance with the Environment Protection (Sea Dumping) Act 1981 and with the necessary permits.

Scope and Application

The determination issued under subregulation 12.32(3) of the Environment Protection and Biodiversity Conservation Regulations 2000 designates specific areas within the North-west Network of Marine Parks as burial areas, excluding the Sanctuary Zone in Ashmore Reef Marine Park and the Special Purpose Zone (Trawl) in Argo-Rowley Terrace Marine Park. This includes the entirety of several marine parks such as Shark Bay, Carnarvon Canyon, Ningaloo, Gascoyne, Montebello, Dampier, Eighty Mile Beach, Roebuck, and Mermaid Reef Marine Parks, as well as certain zones within the Argo-Rowley Terrace Marine Park. This regulation is applicable to those planning sea burials within these areas, ensuring they comply with the specified boundaries and conditions. Notably, the determination extends to the federal jurisdiction, enforcing compliance with the Environment Protection and Biodiversity Conservation Act 1999. Sea burials conducted in these areas are subject to the Environment Protection (Sea Dumping) Act 1981 and require a permit under that Act. The regulation does not specify any exclusions or exemptions beyond the designated zones, and its scope is further defined by the marine park maps and descriptions provided in the North-west Marine Parks Network Management Plan 2018.

Key Provisions

The primary provision of the notifiable instrument (F2018N00108) under subregulation 12.32(3) of the Environment Protection and Biodiversity Conservation Regulations 2000, concerns the determination of burial areas within the North-West Network of Marine Parks (section 1). Specifically, it identifies the entirety of several marine parks as burial areas, with the exception of Cartier Island Marine Park, the Sanctuary Zone in Ashmore Reef Marine Park, and the Special Purpose Zone (Trawl) in Argo-Rowley Terrace Marine Park. The areas are precisely defined in Schedule 4 to the North-west Marine Parks Network Management Plan 2018, and are further delineated in the attached Schedule of the notifiable instrument itself. In terms of obligations and requirements, this Act mandates that any sea burials conducted within the specified areas must comply with the provisions of the Environment Protection (Sea Dumping) Act 1981. This includes obtaining the necessary permits and adhering to the regulations set forth in that Act. Furthermore, the Act requires that the burials be performed in a manner that ensures minimal environmental impact, reflecting the need to protect the biodiversity and ecological integrity of the marine parks. Breaching the requirements of the Environment Protection and Biodiversity Conservation Regulations 2000 can result in both civil and criminal penalties. The exact penalties for non-compliance are not specified within the text of this notifiable instrument, but generally, offences under the Environment Protection (Sea Dumping) Act 1981 may incur significant fines. The maximum penalty for contravening the Act can reach up to $66,000 for individuals and $330,000 for corporations, depending on the severity and circumstances of the offence. Additionally, criminal charges may be pursued, potentially leading to imprisonment. The specific penalties would be determined in the context of the court proceedings following an offence.