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

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to address the need for comprehensive protection of Australia's biodiversity and the impacts of human activities on the environment. This regulation, specifically F2018N00112, was introduced to manage and protect marine ecosystems within the North-West Network of Marine Parks, which are designated as IUCN Category II (National Park). The determination made under subregulation 12.56(2) by the Acting Director of National Parks, Jason Mundy, aims to prohibit the anchoring of commercial fishing vessels in certain marine park zones to safeguard these critical habitats. This measure was designed to mitigate the adverse effects of anchoring on marine ecosystems, ensuring the preservation of these areas for future generations while allowing for exceptions in cases of force majeure, distress, or the need to render assistance. The policy objective is clearly stated as the protection and conservation of marine environments within these designated national parks.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, under subregulation 12.56(2), pertain to the prohibition of anchoring of commercial fishing vessels in specific marine parks within the North-West Network of Marine Parks. These marine parks, including Mermaid Reef Marine Park and particular zones within Ningaloo, Gascoyne, Dampier, Argo-Rowley Terrace, and Kimberley Marine Parks, are designated as IUCN Category II (national park) areas, as outlined in the North-west Marine Parks Network Management Plan 2018. This determination applies to vessels engaged in commercial fishing activities within the specified marine park zones, prohibiting anchoring to protect the marine environment and biodiversity within these areas. The prohibition does not apply in circumstances of force majeure, distress, or when anchoring is necessary for rendering assistance to persons, vessels, or aircraft in danger or distress. This regulatory measure is aimed at preserving the ecological integrity and conservation status of the designated marine parks.

Key Provisions

The main operative sections of this notifiable instrument are found in the Schedule, which lists the specific areas within the North-West Network of Marine Parks where anchoring of commercial fishing vessels is prohibited (Schedule). These areas include Mermaid Reef Marine Park in its entirety, and specific zones within Ningaloo, Gascoyne, Dampier, Argo-Rowley Terrace, and Kimberley Marine Parks that are designated as IUCN category II (national park). This determination is made under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000, which empowers the Acting Director of National Parks to prohibit activities that may harm the environment. The Act imposes obligations on parties and entities by prohibiting the anchoring of vessels used in connection with commercial fishing activities within the specified areas. The only exceptions to this prohibition are when anchoring is necessary due to circumstances of force majeure or distress, or for the purposes of rendering assistance to persons, vessels, or aircraft in danger or distress (Schedule). This requirement aims to protect the marine environment and maintain the integrity of the national parks by preventing potential damage from commercial fishing activities. Failure to comply with the prohibition on anchoring may result in civil or criminal penalties, depending on the circumstances and the specific regulations governing the marine parks. The Environment Protection and Biodiversity Conservation Act 1999 and the Environment Protection and Biodiversity Conservation Regulations 2000 provide the legal framework for enforcing these prohibitions and imposing penalties. The maximum penalties for breaches can include fines and, in some cases, imprisonment. The exact penalties will depend on the nature and severity of the breach, as well as any relevant state or territory laws. It is important for commercial fishing operators to be aware of these prohibitions and to ensure compliance to avoid potential legal consequences.