Environment Protection and Biodiversity Conservation Regulations 2000
Subregulation 12.56(2)
DETERMINATION PROHIBITING ANCHORING OF COMMERCIAL SHIPPING VESSELS
CORAL SEA MARINE PARK – ZONES ASSIGNED TO IUCN CATEGORY II (NATIONAL PARK) OR IV (HABITAT PROTECTION ZONES)
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 the zones within Coral Sea Marine Park that are assigned to IUCN category II (national park) or IUCN category IV (habitat protection), being the areas shown in maps in Schedule 2 and described in Schedule 4 to the Coral Sea Marine Park Management Plan 2018, as specified in the Schedule hereto, is an area of water where vessels engaged in commercial shipping 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
CORAL SEA MARINE PARK – ZONES ASSIGNED TO IUCN CATEGORY II (NATIONAL PARK) OR IV (HABITAT PROTECTION)
List of relevant zone and clause numbers in Schedule 4 to the Coral Sea Marine Park Management Plan 2018:
Zone type | Zone | Schedule 4 section describing the area boundary |
National Park Zone (IUCN II) | 2, 3, 5, 11, 12, 13, 14, 16, 19, 25, 27 | 1.4, 1.5, 1.7,1.13, 1.14, 1.15, 1.16, 1.18, 1.21, 1.27, 1.29 |
Habitat Protection Zone (IUCN IV) | 1, 28 | 1.3, 1.30 |
Habitat Protection Zone (Reefs) (IUCN IV) | 4, 6, 7, 8, 9, 10, 15, 17, 18, 20, 21, 22 | 1.6, 1.8, 1.9, 1.10, 1.11, 1.12, 1.17, 1.19, 1.20, 1.22, 1.23, 1.24 |
Overview
The Environment Protection and Biodiversity Conservation Regulations 2000, amended by F2018N00084, address the need to protect sensitive marine environments from the potential adverse effects of anchoring by commercial shipping vessels. Enacted by the Parliament of Australia, this regulation aims to preserve the ecological integrity of marine areas classified under the International Union for Conservation of Nature (IUCN) categories II (national park) and IV (habitat protection) within the Coral Sea Marine Park. This legislative action underscores the policy objective of maintaining and enhancing the health and biodiversity of marine ecosystems, particularly in areas that are crucial for habitat protection and conservation. The regulation explicitly prohibits anchoring in these zones, except under circumstances of force majeure, distress, or when necessary to render assistance to persons, vessels, or aircraft in danger or distress. This measure reflects a commitment to environmental stewardship and the sustainable management of marine resources.
Scope and Application
The Environment Protection and Biodiversity Conservation Regulations 2000, under subregulation 12.56(2), establish a determination that prohibits anchoring of commercial shipping vessels in specified zones within the Coral Sea Marine Park. These zones are those assigned to the IUCN categories of II (national park) and IV (habitat protection), as identified in the Coral Sea Marine Park Management Plan 2018. The specified areas, detailed in Schedules 2 and 4 of the management plan, are intended to protect sensitive marine environments. This prohibition does not apply in circumstances of force majeure, distress, or when anchoring is necessary to render assistance to persons, vessels, or aircraft in danger or distress. The regulation applies to all commercial shipping vessels operating within the specified zones of the Coral Sea Marine Park, ensuring the protection of designated marine environments from potential harm caused by anchoring activities.
Key Provisions
The main operative sections of the legislation (subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000) establish a prohibition on the anchoring of commercial shipping vessels within specific zones of the Coral Sea Marine Park. These zones are categorised under IUCN category II, which includes national parks, and IUCN category IV, which includes habitat protection areas. This prohibition applies to the areas described in Schedule 2 and detailed in Schedule 4 of the Coral Sea Marine Park Management Plan 2018. However, exceptions are made for situations of force majeure, distress, or when rendering assistance to persons, vessels, or aircraft in danger or distress.
The obligations imposed by this legislation primarily concern commercial shipping vessels and their operators. These entities must ensure that they do not anchor in the specified zones within the Coral Sea Marine Park, unless it is under the circumstances of force majeure, distress, or to provide assistance in an emergency. The legislation also requires that operators of commercial vessels comply with the maps and descriptions provided in Schedule 2 and Schedule 4 of the Management Plan to correctly identify the restricted areas.
In terms of penalties and consequences, the legislation does not explicitly detail the penalties for breaches within its text. However, under the broader framework of the Environment Protection and Biodiversity Conservation Act 1999, breaches of regulations can lead to substantial civil and criminal penalties. For example, contravening a regulation can result in fines and, in severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach, as well as any relevant state or territory laws that might apply.