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

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000, as amended by F2018N00101, were introduced to address the need for specific regulations governing burial areas within the designated Marine Parks of Australia. This notifiable instrument was enacted to ensure that burial activities within these marine areas are conducted in an environmentally responsible manner, providing clear guidelines and restrictions. The determination of burial areas within the Temperate East Network of Marine Parks, excluding the Special Purpose Zone Trawl in specific marine parks, aims to protect the marine environment while allowing for regulated sea burials under the Environment Protection (Sea Dumping) Act 1981. The policy objective is to balance the need for burial activities with the imperative to conserve and protect Australia's marine biodiversity. The Regulations were enacted by the Acting Director of National Parks, Jason Mundy, under the authority conferred by subregulation 12.32(3) of the Environment Protection and Biodiversity Conservation Regulations 2000.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, under subregulation 12.32(3), establish the burial areas within the Temperate East Network of Marine Parks, excluding the Special Purpose Zone Trawl in the Solitary Islands, Hunter, and Jervis Marine Parks. This determination is applicable to the areas specified in the marine park maps in Schedule 2 and described in Schedule 4 to the Temperate East Marine Parks Network Management Plan 2018. These areas are designated for burial purposes and must comply with the Environment Protection (Sea Dumping) Act 1981. Any sea burials conducted within these designated burial areas must be carried out in accordance with a permit under the aforementioned Act. The determination is effective across the specified marine parks, which include Gifford, Norfolk, Lord Howe, Central Eastern, Solitary Islands, Cod Grounds, Hunter, and Jervis Marine Parks. This regulation ensures that burial activities are managed sustainably within the network of marine parks, balancing environmental protection with permissible burial practices.

Key Provisions

The main operative sections of this notifiable instrument, particularly Subregulation 12.32(3) of the Environment Protection and Biodiversity Conservation Regulations 2000, specify that the Acting Director of National Parks, Jason Mundy, has determined certain areas within the Temperate East Network of Marine Parks as burial areas. These areas, which exclude the Special Purpose Zone Trawl in the Solitary Islands, Hunter, and Jervis Marine Parks, are detailed in Schedule 2 and Schedule 4 of the Temperate East Marine Parks Network Management Plan 2018. These burial areas are specified by their marine park maps and descriptions provided in the schedules. Under this determination, the Act imposes specific obligations on parties and entities involved in sea burials within these designated areas. It mandates that any sea burials conducted in these areas must comply with the Environment Protection (Sea Dumping) Act 1981 and must be carried out in accordance with a permit issued under that Act. This ensures that burials are performed in an environmentally responsible manner, minimising potential harm to marine ecosystems. In terms of enforcement, any breaches of the conditions set forth by this notifiable instrument and the relevant Acts could result in significant legal consequences. The Environment Protection (Sea Dumping) Act 1981 provides for civil and criminal penalties for non-compliance. For instance, unauthorised sea burials could lead to fines and even imprisonment. The maximum penalties for such offences are detailed in the respective legislation, which could include substantial fines and imprisonment terms for individuals or entities found in breach of the regulatory requirements. These provisions are designed to enforce the protection of marine environments and ensure adherence to authorised procedures.