Environment Protection and Biodiversity Conservation Regulations 2000
Subregulation 12.56(2)
DETERMINATION PROHIBITING ANCHORING OF COMMERCIAL FISHING VESSELS
TEMPERATE EAST NETWORK OF MARINE PARKS – PARKS AND PARK ZONES ASSIGNED TO IUCN CATEGORY II (NATIONAL PARK)
I, JASON MUNDY, Acting Director of National Parks, under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000, HEREBY DETERMINE that each of:
- Cod Grounds Marine Park; and
- the zones within Norfolk, Lord Howe, Central Eastern, and Solitary Islands Marine Parks that are assigned to IUCN category II (national park),
being the areas shown in marine park maps in Schedule 2 and described in Schedule 4 to the Temperate East Marine Parks Network Management Plan 2018, as specified in the Schedule hereto, is an area of water where vessels used in connection with commercial fishing activities cannot be anchored.
Note : This determination does not prevent anchoring in the areas described in the Schedule hereto due to circumstances of force majeure or distress or for the purposes of rendering assistance to persons, vessels or aircraft in danger or distress.
Dated this 27 th day of June 2018
SIGNED
Jason Mundy
SCHEDULE
TEMPERATE EAST NETWORK OF MARINE PARKS— PARKS AND PARK ZONES ASSIGNED TO IUCN CATEGORY II (NATIONAL PARK)
List of relevant zone and clause numbers in Schedule 4 to the Temperate East Marine Parks Network Management Plan 2018:
Marine Park | Zone Number/s | Clause describing the area boundary |
Norfolk Marine Park | 1 | 2.3 |
Lord Howe Marine Park | 2, 5, 6 | 3.4, 3.7, 3.8 |
Central Eastern Marine Park | 3 | 4.5 |
Solitary Islands Marine Park | 2 | 5.4 |
Cod Grounds Marine Park | Entire area of marine park | 6.1 |
Overview
The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to provide for the protection of the environment, particularly biodiversity, and to conserve Australia’s biological diversity and its natural and cultural heritage. The problem or gap that these regulations were introduced to address is the need for a comprehensive framework to manage and protect Australia's environment and biodiversity, including marine environments, in the face of increasing anthropogenic pressures and the need for sustainable management practices. This regulation was introduced by the Parliament of Australia with the aim of providing effective environmental protection and conservation measures. The specific determination prohibiting the anchoring of commercial fishing vessels within certain zones of the Temperate East Network of Marine Parks, as specified in the Schedule to the determination, aims to protect sensitive marine ecosystems and maintain the integrity of these national parks, classified under IUCN category II. This measure ensures that these protected areas are not subject to the potential damage that anchoring can cause, thereby preserving their ecological value and supporting their conservation objectives.
Scope and Application
The Environment Protection and Biodiversity Conservation Regulations 2000, specifically under subregulation 12.56(2), apply to the Cod Grounds Marine Park and certain zones within the Norfolk, Lord Howe, Central Eastern, and Solitary Islands Marine Parks that are assigned to IUCN category II (national park). This legislation pertains to the prohibition of anchoring by vessels engaged in commercial fishing activities within these specified marine park areas. This determination serves to protect the marine environment and biodiversity within these national park zones, which are recognised for their significant ecological value. The geographic scope of this regulation is confined to the waters described in the Schedule 2 and delineated in Schedule 4 of the Temperate East Marine Parks Network Management Plan 2018, covering specific regions of Australia's temperate eastern waters. This determination does not prohibit anchoring in cases of force majeure, distress, or when necessary to render assistance to persons, vessels, or aircraft in danger.
Key Provisions
The determination under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000, made by Jason Mundy, Acting Director of National Parks, establishes that commercial fishing vessels are prohibited from anchoring in certain specified areas within the Temperate East Network of Marine Parks (paragraphs 1-2). These areas include the Cod Grounds Marine Park and specific zones within the Norfolk, Lord Howe, Central Eastern, and Solitary Islands Marine Parks that are designated as IUCN Category II (National Park) (paragraph 3). These zones are detailed in Schedule 2 and Schedule 4 of the Temperate East Marine Parks Network Management Plan 2018, and are identified by specific zone numbers and clauses that describe their boundaries (paragraph 4).
The Act imposes specific obligations on parties involved in commercial fishing activities within these designated marine parks. It mandates that commercial fishing vessels must not anchor in the areas specified, except under circumstances of force majeure, distress, or when rendering assistance to persons, vessels, or aircraft in danger or distress (paragraph 5). Compliance with this regulation is essential to maintain the ecological integrity and conservation status of these protected marine areas (paragraph 6).
Failure to comply with this determination can result in legal consequences. While the specific offences, penalties, or civil and criminal consequences are not detailed in the provided text, breaches of environmental protection laws generally can lead to substantial penalties under the Environment Protection and Biodiversity Conservation Act 1999 (paragraph 7). These penalties can include fines and potential imprisonment, reflecting the seriousness with which such breaches are regarded (paragraph 8). The maximum penalties for such offences can vary, but typically include significant fines for corporations and individuals, underscoring the importance of adhering to these regulatory requirements (paragraph 9).