Determination Prohibiting Anchoring of Commercial Fishing Vessels North Network of Marine Parks – Park Zones Assigned to IUCN Category II (National Park)

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to provide a comprehensive framework for the protection of the environment, particularly biodiversity, and to ensure that activities do not significantly harm the environment. The regulations were introduced by the Australian Parliament to address the need for a cohesive and enforceable set of rules to manage the environmental impact of various activities, including those affecting marine ecosystems. This notifiable instrument, F2018N00111, specifically targets the prohibition of anchoring by commercial fishing vessels in certain zones of the North Network of Marine Parks. Acting under subregulation 12.56(2), Jason Mundy, the Acting Director of National Parks, issued this determination to protect areas classified under IUCN category II (national park) from the detrimental effects of anchoring, thus contributing to the overarching policy objective of preserving marine biodiversity and the ecological integrity of these national parks. This measure seeks to balance the need for sustainable fishing practices with the imperative to protect sensitive marine environments.

Scope and Application

The determination outlined in F2018N00111 prohibits the anchoring of commercial fishing vessels in specified zones within the North Network of Marine Parks, namely Oceanic Shoals, Gulf of Carpentaria, and West Cape York Marine Parks. These zones are assigned to the IUCN Category II, which designates them as national parks. The regulation applies to vessels used in connection with commercial fishing activities and aims to protect these areas by restricting anchoring, thereby preserving the ecological integrity of these marine environments. The jurisdictional reach of this regulation is within the Commonwealth as it pertains to the Environment Protection and Biodiversity Conservation Act 1999, which empowers the making of such regulations. The application of the Act is limited to the specific zones detailed in the Schedule, and it does not prevent anchoring in cases of force majeure, distress, or when necessary to render assistance to persons, vessels, or aircraft in danger or distress. This regulation underscores the importance of maintaining the ecological balance and ensuring sustainable use of marine resources in these protected areas.

Key Provisions

The Environment Protection and Biodiversity Conservation Regulations 2000, specifically under subregulation 12.56(2), have been utilised to issue a determination (Schedule) that prohibits the anchoring of commercial fishing vessels in certain zones of the North Network of Marine Parks. These zones, which are classified under IUCN category II (national park), include areas in Oceanic Shoals, Gulf of Carpentaria, and West Cape York Marine Parks. The precise zones are delineated in Schedule 2 and further described in Schedule 4 of the North Marine Parks Network Management Plan 2018. This determination, effective as of 27 June 2018, mandates that vessels engaged in commercial fishing activities must not anchor in these specified zones. This requirement is intended to protect these areas, which are managed as national parks, from potential harm that anchoring could cause to marine ecosystems. The regulation, however, allows for exceptions in cases of force majeure, distress, or when anchoring is necessary to render assistance to persons, vessels, or aircraft in danger or distress. The obligations imposed by this determination are clear: commercial fishing vessels are prohibited from anchoring in the specified zones unless an exception applies. Compliance with this regulation is essential for those operating within the designated marine park areas to avoid legal repercussions. The regulation imposes a duty on vessel operators to ensure that they are aware of the zones and the conditions under which anchoring is permissible. Breach of this determination can result in legal consequences. While the specific penalties are not detailed in the text provided, under the general provisions of the Environment Protection and Biodiversity Conservation Act 1999, breaches can attract significant penalties. For corporations, the maximum penalty can be up to $66,000 or three times the benefit obtained from the breach, whichever is the greater. For individuals, the penalty can be up to $13,200. Additionally, criminal sanctions can apply, and in severe cases, imprisonment may be imposed. Compliance with the regulation is, therefore, not only a matter of avoiding financial penalties but also of ensuring the protection of marine environments.