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

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to provide comprehensive protection for the environment, particularly biodiversity, and to ensure that significant impacts on the environment are assessed and managed. These regulations were introduced to address the need for a unified approach to environmental protection across Australia, particularly concerning areas of national environmental significance. The determination of burial areas within the South-west Network of Marine Parks, as outlined in F2018N00123 (Notifiable instrument), is an example of how these regulations are applied to manage and protect marine biodiversity. The policy objective of this determination is to ensure that sea burials are conducted in a manner that minimises environmental harm, in accordance with the Environment Protection (Sea Dumping) Act 1981. This regulation was enacted by Andrew Read, Acting Assistant Secretary, Marine Protected Areas Branch, Parks Australia Division, Department of Environment and Energy, as a delegate of the power of the Director of National Parks.

Scope and Application

The determination under subregulation 12.32(3) of the Environment Protection and Biodiversity Conservation Regulations 2000 specifies that certain areas within the South-west Network of Marine Parks are designated as burial areas, excluding the Special Purpose Zone Trawl in the Western Eyre Marine Park. This determination applies to specific zones within each marine park as delineated in Schedule 2 and Schedule 4 of the South-west Marine Parks Network Management Plan 2018. It is essential to note that sea burials conducted within these designated areas are regulated under the Environment Protection (Sea Dumping) Act 1981 and require a permit issued under that Act. The scope of this determination extends to the entirety of the marine parks listed in the schedules, ensuring that sea burials adhere to environmental protection standards and are conducted in accordance with the specified regulations.

Key Provisions

The primary operative sections of the determination (Subregulation 12.32(3) of the Environment Protection and Biodiversity Conservation Regulations 2000) specify that the South-west Network of Marine Parks, excluding the Special Purpose Zone Trawl in Western Eyre Marine Park, has been designated as a burial area. This decision identifies the specific areas within each marine park that are suitable for burials, as detailed in Schedule 2 and Schedule 4 of the South-west Marine Parks Network Management Plan 2018. The exact boundaries of these areas are provided in the Schedule, which lists the relevant zone and clause numbers for each marine park. These provisions impose several obligations and requirements on the parties involved. Firstly, sea burials within these designated areas must comply with the Environment Protection (Sea Dumping) Act 1981. This means that any burial must be carried out in accordance with a permit issued under that Act. Additionally, the determination ensures that burials are conducted in a manner that is environmentally sustainable and protective of the marine ecosystems within these marine parks. The specific requirements may include guidelines on the materials used for burials, the timing and location of burials, and any other relevant practices to minimise environmental impact. Failure to comply with these provisions can lead to various consequences. Under the Environment Protection (Sea Dumping) Act 1981, unauthorised sea burials are considered illegal activities. The potential penalties for breaches can include fines and, in severe cases, criminal charges. The exact penalties can vary depending on the nature and severity of the breach, but the Act allows for substantial fines and potential imprisonment for those found guilty of contravening its provisions. These legal consequences underscore the importance of adhering to the specified guidelines and obtaining the necessary permits before conducting any burial activities within the designated areas.