Determination Prohibiting Anchoring of Commercial Fishing Vessels South-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 a robust framework to protect Australia’s biodiversity and environmental heritage, providing a comprehensive mechanism for the conservation and sustainable use of natural resources. This regulation was established by the Parliament of Australia to ensure that activities impacting the environment are managed in a manner that protects the environment and biodiversity. The policy objective of these regulations is to provide a coordinated approach to environmental protection across federal, state, and territory jurisdictions. In June 2018, a notifiable instrument was introduced under subregulation 12.56(2) to specifically prohibit the anchoring of commercial fishing vessels in certain areas of the South-West Network of Marine Parks, which are designated as national parks under IUCN Category II. This determination aims to protect these marine ecosystems from the potential adverse impacts of anchoring, while allowing exceptions in cases of force majeure, distress, or for rendering assistance to persons, vessels, or aircraft in danger or distress.

Scope and Application

The determination issued under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000 prohibits the anchoring of vessels used in connection with commercial fishing activities within specified areas of the South-West Network of Marine Parks. This includes the entirety of the Murat Marine Park and specific zones within the Western Kangaroo Island, Western Eyre, Great Australian Bight, Twilight, Eastern Recherche, South-west Corner, Bremer, Geographe, Perth Canyon, Two Rocks, Jurien, and Abrolhos Marine Parks that are assigned to IUCN category II (national park). The geographic reach of this legislation is limited to these particular marine parks as detailed in the South-west Marine Parks Network Management Plan 2018, with boundaries and descriptions found in Schedules 2 and 4 of that plan. This prohibition does not apply in cases of force majeure, distress, or when anchoring is necessary to render assistance to persons, vessels, or aircraft in danger or distress. The regulations are enforced within the Commonwealth jurisdiction, impacting entities and individuals engaged in commercial fishing activities within the specified marine park zones.

Key Provisions

The key operative sections of this determination under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000, prohibit the anchoring of commercial fishing vessels in certain marine park areas. Specifically, the determination applies to the Murat Marine Park and to the zones within several other marine parks assigned to IUCN Category II (national park), including Western Kangaroo Island, Western Eyre, Great Australian Bight, Twilight Marine Park, Eastern Recherche, South-west Corner, Bremer, Geographe, Perth Canyon, Two Rocks, Jurien, and Abrolhos Marine Parks. The specific zones covered are detailed in the attached Schedule, which refers to particular clauses in Schedule 4 of the South-west Marine Parks Network Management Plan 2018. This determination imposes clear obligations on parties engaged in commercial fishing activities within the specified marine park zones. They must ensure that their vessels do not anchor in these areas. The regulation is intended to protect these marine environments, which have been classified as national parks under the IUCN system, from the potential damage caused by anchoring. However, it is important to note that the prohibition does not apply if anchoring is necessary due to force majeure, distress, or the need to render assistance to persons, vessels, or aircraft in danger or distress. Breaching this determination can result in significant legal consequences. While the specific penalties are not detailed in the text, breaches of the Environment Protection and Biodiversity Conservation Regulations 2000 can lead to both civil and criminal penalties. Civil penalties may include substantial fines, while criminal penalties can include imprisonment. The exact penalties depend on the severity of the breach and the discretion of the court, but they can be severe given the importance of the protected marine environments. The regulations aim to ensure compliance with environmental protection measures by imposing significant deterrents against non-compliance.