Determination Prohibiting Anchoring of Commercial Shipping Vessels North Network of Marine Parks – Parks and Park Zones Assigned to IUCN Category II (National Park) or IV (Habitat Protection)

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000, specifically updated through the notifiable instrument F2018N00083, were enacted to address the need for stringent measures to protect marine biodiversity within Australia's North Network of Marine Parks. This regulation, issued by the Acting Director of National Parks, Jason Mundy, under subregulation 12.56(2) of the aforementioned regulations, was introduced to prohibit anchoring of commercial shipping vessels in specified marine parks and zones to safeguard these areas from potential damage. The enactment aims to protect marine parks assigned to the IUCN categories of national park (Category II) and habitat protection (Category IV), ensuring that these ecologically sensitive areas are preserved for future generations. The regulation explicitly excludes anchoring in cases of force majeure, distress, or when necessary to provide assistance to persons, vessels, or aircraft in danger.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, as amended through the notifiable instrument F2018N00083, establish a prohibition on the anchoring of commercial shipping vessels in specific areas of the North Network of Marine Parks. This determination applies to all zones within Limmen Marine Park, as well as zones within Oceanic Shoals, Gulf of Carpentaria, and West Cape York Marine Parks that are categorised under IUCN categories II (national park) and IV (habitat protection). These zones, which are detailed in Schedule 2 and described in Schedule 4 of the North Marine Parks Network Management Plan 2018, are intended to protect sensitive marine environments. The regulation extends to the entirety of Limmen Marine Park and to specific zones within the other marine parks as listed in the schedule. The prohibition does not apply in circumstances of force majeure, distress, or when anchoring is necessary for the purposes of rendering assistance to persons, vessels, or aircraft in danger or distress. This regulation aims to safeguard the ecological integrity of these designated marine areas within Australian jurisdiction.

Key Provisions

The main operative sections of this determination under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000, establish specific areas within the North Network of Marine Parks where commercial shipping vessels are prohibited from anchoring. These areas include specific zones within Limmen Marine Park, Oceanic Shoals Marine Park, Gulf of Carpentaria Marine Park, Wessel Marine Park, and West Cape York Marine Park, which are designated as IUCN Category II (National Park) or IUCN Category IV (Habitat Protection). The specified areas are detailed in the Schedule to this determination, which refers to the North Marine Parks Network Management Plan 2018 and its Schedule 4. The Act imposes several obligations and requirements on parties and entities governed by this determination. Commercial shipping vessels are strictly prohibited from anchoring in the specified marine park zones unless under specific circumstances. These exceptions include situations of force majeure or distress and instances where anchoring is necessary to render assistance to persons, vessels, or aircraft in danger or distress. The intent is to protect the ecological integrity of these marine areas, ensuring minimal human impact on sensitive habitats and ecosystems. Failure to comply with the anchoring prohibitions set out in this determination can result in civil or criminal penalties. Although the specific penalties are not detailed in the determination itself, breaches of the Environment Protection and Biodiversity Conservation Regulations 2000 can lead to substantial fines and, in severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach, as well as any previous convictions. The overarching aim is to enforce the protection of these critical marine environments and deter any activities that could harm the biodiversity and ecological balance of these areas.