Determination Prohibiting Anchoring of Commercial Shipping Vessels Temperate East 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 by the Australian government to provide a comprehensive framework for the protection of the environment and biodiversity. This regulatory framework was introduced to address the problem of inadequate protection of Australia’s marine environment and biodiversity, particularly in light of increasing threats from human activities such as commercial shipping. The policy objective of these regulations is to ensure the conservation of biodiversity and ecological processes, and to protect and manage the natural and cultural values of Australia’s environment. The determination in the Notifiable instrument F2018N00093 specifically targets the prohibition of anchoring of commercial shipping vessels in certain marine parks to mitigate the impact of such activities on marine ecosystems, aligning with the broader goal of preserving marine biodiversity and habitats. The enactment of these regulations is a legislative response to the need for stringent measures to protect the unique and fragile marine environments within Australia's jurisdiction.

Scope and Application

The determination issued under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000 applies to specific marine parks and zones within the Temperate East Network of Marine Parks, specifically those assigned to the IUCN Category II (national park) or IV (habitat protection and recreational use). This includes the Cod Grounds Marine Park in its entirety and designated zones within the Norfolk, Lord Howe, Central Eastern, Hunter, and Jervis Marine Parks. The determination prohibits the anchoring of commercial shipping vessels in these areas to protect and conserve the marine environment. The geographic reach of this determination is confined to the areas specified in the Schedule, which corresponds to marine park maps detailed in Schedule 2 and described in Schedule 4 of the Temperate East Marine Parks Network Management Plan 2018. It is important to note that the prohibition does not apply if the anchoring is due to circumstances of force majeure or distress, or if it is necessary to render assistance to persons, vessels, or aircraft in danger or distress. This determination serves to reinforce existing regulations aimed at preserving the ecological integrity of these marine areas.

Key Provisions

The main operative sections of this notifiable instrument, F2018N00093, are under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000. This subregulation empowers the Acting Director of National Parks to prohibit the anchoring of commercial shipping vessels in certain areas of the Temperate East Network of Marine Parks. Specifically, the determination targets zones within various marine parks that are assigned to IUCN Category II (national park) or Category IV (habitat protection or recreational use). These zones are identified by specific numbers and clauses in Schedule 4 to the Temperate East Marine Parks Network Management Plan 2018, as detailed in the Schedule to this determination. The prohibited areas include the entire Cod Grounds Marine Park and specific zones within Norfolk, Lord Howe, Central Eastern, and Solitary Islands Marine Parks for national park zones, and zones within Gifford, Norfolk, Lord Howe, Central Eastern, Hunter, and Jervis Marine Parks for habitat protection zones. Additionally, the zone within Lord Howe Marine Park assigned for recreational use is also covered. It is crucial to note that this prohibition does not apply if the anchoring is due to force majeure, distress, or if it is necessary for rendering assistance to persons, vessels, or aircraft in danger or distress. The obligations and requirements imposed by this determination are primarily on commercial shipping vessels and their operators. These parties must refrain from anchoring within the specified zones of the designated marine parks, as outlined in the Schedule to the determination. This prohibition aims to protect the marine environment and ecosystems within these zones, ensuring that the integrity of these national parks and habitat protection areas is maintained. The determination also serves to safeguard recreational use areas, ensuring that they remain suitable for public enjoyment and conservation. Vessel operators must remain vigilant and ensure compliance with these restrictions to avoid any potential legal repercussions. Failure to comply with the anchoring prohibition can result in civil or criminal penalties. The Environment Protection and Biodiversity Conservation Act 1999 outlines various offences related to non-compliance with environmental regulations. For commercial vessels, breaches of these regulations can lead to substantial fines. Under the Act, individuals can face fines of up to $511,986 or imprisonment for up to two years, or both. Corporations can face even higher fines, with penalties reaching up to $5,119,860 or imprisonment for up to seven years, or both. These stringent penalties underscore the importance of adhering to the regulations to protect the marine environment and avoid severe legal consequences.