Determination Prohibiting Anchoring of Commercial Shipping Vessels South-west 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, through the notifiable instrument F2018N00078, was enacted to address the need for enhanced marine protection within specific marine parks along the south-west coast of Australia. This regulation aims to safeguard the biodiversity and ecological integrity of these areas, particularly those classified under the IUCN categories of National Park (Category II) and Habitat Protection (Category IV). The determination, issued by Jason Mundy, the Acting Director of National Parks, prohibits the anchoring of commercial shipping vessels in these designated zones to prevent potential harm to marine environments. This measure was introduced to align with the policy objectives of the South-west Marine Parks Network Management Plan 2018, ensuring the conservation of sensitive marine habitats while allowing exceptions for force majeure, distress, or assistance to vessels or persons in danger.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, under subregulation 12.56(2), have been applied by the Acting Director of National Parks to prohibit the anchoring of commercial shipping vessels within certain designated marine parks in the South-West Network of Marine Parks. Specifically, this prohibition applies to all zones within the named marine parks that are assigned to IUCN categories II (national park) and IV (habitat protection). These marine parks include Murat Marine Park, and specific zones within 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. This prohibition is delineated in marine park maps in Schedule 2 and described in Schedule 4 to the South-west Marine Parks Network Management Plan 2018. Notably, the determination does not apply if the anchoring occurs due to force majeure, distress, or to render assistance to persons, vessels, or aircraft in danger or distress. The regulation extends across the jurisdictional boundaries of the Commonwealth and applies to all commercial shipping vessels operating within the specified marine park zones.

Key Provisions

The key provision of this determination, under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000, is that it prohibits the anchoring of commercial shipping vessels in specific marine park zones. This includes zones within the Murat Marine Park and certain zones in other marine parks assigned to IUCN category II (national park) or IV (habitat protection) as detailed in the South-west Marine Parks Network Management Plan 2018. The specified areas are clearly outlined in Schedule 2 and Schedule 4 of the Management Plan and are described in the Schedule attached to this determination. It is crucial to note that 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 obligations imposed by this determination require commercial shipping vessels to avoid anchoring in the specified marine park zones. These zones are critical for the protection of marine biodiversity and the preservation of the natural environment, as designated by their IUCN categories. Operators of commercial shipping vessels must ensure that their activities comply with the regulations to avoid any legal consequences. This involves familiarising themselves with the boundaries and clauses described in the attached Schedule and taking all necessary measures to prevent anchoring in the prohibited areas. Failure to comply with this determination can result in significant consequences. While the specific penalties are not detailed in the determination itself, the Environment Protection and Biodiversity Conservation Act 1999 (Cth) provides a framework for enforcement. Under this Act, breaches of the Regulations may be subject to fines, criminal penalties, or both, depending on the severity and circumstances of the breach. For example, individuals and corporations may face substantial fines, and in some cases, imprisonment for serious or repeated violations. It is therefore imperative for those governed by this determination to adhere strictly to the regulations to avoid these potential repercussions.