Determination of Prohibiting Anchoring of Commercial Fishing Vessels Coral Sea Marine Park – Zones Assigned to IUCN Category II (National Park)

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to provide a comprehensive regulatory framework aimed at protecting Australia's environment and biodiversity, both on land and at sea. The 2018 notifiable instrument F2018N00087, which was issued by the Acting Director of National Parks, addresses the problem of potential harm to marine ecosystems caused by the anchoring of commercial fishing vessels in sensitive areas within the Coral Sea Marine Park. Specifically, the regulation prohibits the anchoring of such vessels in zones designated as IUCN Category II (National Park) to safeguard these critical habitats. The policy objective underpinning this determination is to conserve the unique biodiversity and ecological values of the Coral Sea Marine Park, ensuring these areas remain protected from the adverse impacts of commercial fishing activities. This legislative action reinforces the commitment to maintaining the ecological integrity of Australia's marine environment.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, specifically under subregulation 12.56(2), include a determination prohibiting the anchoring of commercial fishing vessels in certain zones of the Coral Sea Marine Park. These zones are designated as IUCN Category II (National Park) areas, identified in Schedule 2 and detailed in Schedule 4 of the Coral Sea Marine Park Management Plan 2018. This prohibition applies to all vessels involved in commercial fishing activities within these specified areas. It is important to note that this restriction does not apply in situations of force majeure, distress, or when anchoring is necessary to provide assistance to persons, vessels, or aircraft in danger or distress. This regulation extends to the Commonwealth jurisdiction, affecting all entities and individuals engaged in commercial fishing activities within the designated marine park zones. The exclusions and exceptions are clearly outlined to ensure clarity and compliance within the stipulated boundaries.

Key Provisions

The main operative sections of the notifiable instrument (F2018N00087) determine that certain zones within the Coral Sea Marine Park, classified as IUCN Category II (National Park), are areas where commercial fishing vessels are prohibited from anchoring (subregulation 12.56(2)). These zones are specifically identified in Schedule 2 and Schedule 4 of the Coral Sea Marine Park Management Plan 2018, which are detailed in the Schedule to this determination. This prohibition is aimed at protecting these areas, which are of significant ecological importance. However, exceptions are made for situations involving force majeure or distress, and for rendering assistance to persons, vessels, or aircraft in danger or distress. Under the Environment Protection and Biodiversity Conservation Regulations 2000, the Act imposes specific obligations on the parties involved, particularly those engaged in commercial fishing activities. These parties must refrain from anchoring their vessels in the specified zones within the Coral Sea Marine Park, unless it is necessary for reasons of force majeure, distress, or to provide assistance in emergencies. The determination requires compliance with the regulations to ensure the conservation and protection of the marine park's ecological integrity. The legislation also outlines potential consequences for non-compliance. Any breach of the anchoring prohibition could lead to civil or criminal penalties, though the exact penalties are not specified within the text of this determination. Generally, under the Environment Protection and Biodiversity Conservation Act 1999, offences may attract penalties that can include substantial fines and, in severe cases, imprisonment. The specific penalties would depend on the nature and severity of the breach, as well as other relevant factors considered by the courts.