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

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to provide for the protection of the environment and biodiversity through the regulation of activities that may have a significant impact. This notifiable instrument, F2018N00113, was introduced to address the problem of anchoring of commercial shipping vessels in sensitive marine areas within the North-West Network of Marine Parks. The policy objective is to safeguard the marine environment by prohibiting anchoring in designated park zones assigned to IUCN category II (national park) or IV (habitat protection and recreational use). The determination was made by Jason Mundy, Acting Director of National Parks, under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000. This regulation aims to maintain the integrity of the marine ecosystem and protect critical habitats within these marine parks.

Scope and Application

The determination under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000 applies to specific marine parks and zones within the North-west Network of Marine Parks, particularly those assigned to the IUCN categories II (national park) and IV (habitat protection and recreational use). This prohibition on anchoring commercial shipping vessels is applicable to areas including Carnarvon Canyon, Ningaloo and Mermaid Reef Marine Parks, as well as specified zones within Gascoyne, Dampier, Argo-Rowley Terrace and Kimberley Marine Parks, and a particular zone in Ashmore Reef Marine Park. These areas are designated as critical for the protection of marine ecosystems and biodiversity, and are delineated in marine park maps in Schedule 2 and described in Schedule 4 to the North-west Marine Parks Network Management Plan 2018. While the determination strictly prohibits anchoring in these zones, exceptions are made for circumstances of force majeure or distress, or for the purposes of rendering assistance to persons, vessels, or aircraft in danger or distress. This regulatory measure aims to safeguard marine environments from potential damage caused by commercial shipping activities, thereby supporting the conservation objectives of these marine parks.

Key Provisions

The main operative sections of this notifiable instrument are those that specify the areas where anchoring of commercial shipping vessels is prohibited. Section 1 states that the determination applies to specific marine parks and zones within them, including Carnarvon Canyon, Ningaloo, Mermaid Reef, Gascoyne, Dampier, Argo-Rowley Terrace, and Kimberley Marine Parks, as well as certain zones within Ashmore Reef Marine Park. These areas are identified in Schedule 2 and Schedule 4 of the North-west Marine Parks Network Management Plan 2018, which are referenced in the Schedule to this determination. The instrument clarifies that the prohibition does not apply in cases of force majeure, distress, or when rendering assistance to persons, vessels, or aircraft in danger. This Act imposes specific obligations on parties or entities it governs. It mandates that commercial shipping vessels must not anchor in the designated areas unless under exceptional circumstances, such as force majeure, distress, or the need to provide assistance to those in peril. Compliance with these obligations is crucial to protect the marine environment and biodiversity within these protected zones, which have been assigned IUCN categories II (national park) and IV (habitat protection and recreational use). Breaches of this determination can result in various consequences. While the specific penalties are not detailed within the text of this notifiable instrument, breaches of the Environment Protection and Biodiversity Conservation Regulations 2000 can lead to both civil and criminal penalties. Under the relevant legislation, civil penalties can include fines up to several hundred thousand Australian dollars for corporations and significant penalties for individuals. Criminal penalties may include imprisonment, reflecting the seriousness of non-compliance with environmental protection regulations designed to safeguard marine ecosystems.