Determination of Burial Areas South-East Network of Marine Parks – Parks and Park Zones excluding Sanctuary Zone

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000, under subregulation 12.32(3), were enacted by the Parliament of Australia to address the need for the protection of biodiversity and the environment, ensuring that activities within Australian waters are conducted in a manner that avoids significant impacts. This notifiable instrument, F2025N00782, specifies that certain areas within the South-east Network of Marine Parks, excluding the Sanctuary Zone in Macquarie Island Marine Park, are designated as burial areas. The designation aims to provide clarity on the permitted areas for sea burials, which must comply with the requirements of the Environment Protection (Sea Dumping) Act 1981 and be conducted under a permit. This determination by Glen Salmon, as the delegate of the Director of National Parks, ensures that burial activities within these marine parks are managed effectively to protect the marine environment while allowing for legal sea burials in designated areas.

Scope and Application

The determination outlined in the Environment Protection and Biodiversity Conservation Regulations 2000, specifically under subregulation 12.32(3), designates certain areas within the South-east Network of Marine Parks, excluding the Sanctuary Zone in the Macquarie Island Marine Park, as burial areas. This decision is made by Glen Salmon, a delegate of the Director of National Parks, and pertains to the zones and areas described in Schedule 1 and Schedule 3 of the South-east Marine Parks Network Management Plan 2025. These zones encompass the entire areas of the East Gippsland, Beagle, Flinders, Freycinet, Huon, South Tasman Rise, Tasman Fracture, Zeehan, Franklin, Boags, Apollo, and Nelson Marine Parks, as well as specific sections of the Murray Marine Park, excluding the designated Sanctuary Zone in the Macquarie Island Marine Park. This determination is integral to the management and conservation efforts of these marine environments, ensuring that burials conducted within these zones adhere to the stipulations of the Environment Protection (Sea Dumping) Act 1981 and require appropriate permits.

Key Provisions

The main operative sections of this determination (F2025N00782) specify that the entirety of the South-east Network of Marine Parks, excluding the Sanctuary Zone in Macquarie Island Marine Park, is designated as a burial area. This is detailed under subregulation 12.32(3) of the Environment Protection and Biodiversity Conservation Regulations 2000. The boundaries of these burial areas are outlined in Schedule 1 and further described in Schedule 3 of the South-east Marine Parks Network Management Plan 2025. The Schedule specifies which parts of each marine park are included in this determination. The regulation aims to clearly define the areas where burials can occur, ensuring compliance with environmental protection laws. The obligations imposed by this Act include ensuring that any burials within the specified areas adhere to the requirements of the Environment Protection (Sea Dumping) Act 1981. This means that any sea burial must be conducted in accordance with a permit issued under that Act. The designated burial areas in the South-east Network of Marine Parks must be managed in a way that minimises environmental impact and complies with relevant regulations. It is essential for those conducting or planning burials to obtain the necessary permits and follow the stipulated guidelines to avoid legal repercussions. There are significant consequences for failing to comply with the provisions of this Act and the related Environment Protection (Sea Dumping) Act 1981. Offences related to unauthorised burials or non-compliance with permit conditions can result in both civil and criminal penalties. The specific penalties may vary depending on the severity of the breach, but they can include substantial fines. Under the Environment Protection (Sea Dumping) Act 1981, the maximum penalty for an individual can be up to $330,000, while corporate entities may face even higher penalties. Furthermore, persistent or egregious breaches may lead to additional consequences such as injunctive relief or other orders from the court to rectify the situation.