Determination Prohibiting Anchoring or Mooring of Vessels Cod Grounds Commonwealth Marine Reserve

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to provide comprehensive protection for Australia's biodiversity and environment, addressing the need for stringent measures to preserve critical habitats and prevent ecological damage. This legislation was introduced to fill the gap in environmental protection that existed prior to its enactment, particularly concerning the management and conservation of marine environments. The regulations were enacted by the Parliament of Australia, with the overarching policy objective of safeguarding the nation's biodiversity and environmental heritage. One specific application of these regulations is the prohibition of anchoring or mooring of vessels in designated marine reserve areas, such as the Cod Grounds Commonwealth Marine Reserve, to protect marine ecosystems from potential harm. This approach aims to maintain the ecological integrity and sustainability of marine environments within Australia's jurisdiction.

Scope and Application

This notifiable instrument, F2017N00041, pertains to the Environment Protection and Biodiversity Conservation Regulations 2000 and specifically targets the Cod Grounds Commonwealth Marine Reserve. This determination, issued by Jason Mundy, Assistant Secretary of the Commonwealth Marine Protected Areas Branch, effectively prohibits the anchoring or mooring of vessels in the area of the former Cod Grounds Commonwealth Marine Reserve, which is specified in the accompanying Schedule. The instrument revokes a previous determination from 2013 that had limited the prohibition to mooring only. The geographical scope of this regulation covers the specified area in the Tasman Sea, identified by a circle with a radius of 1000 metres centred at a specific latitude and longitude. It is worth noting that while anchoring and mooring are generally prohibited, permits may be issued by the Director of National Parks to allow these activities under certain conditions. The regulations apply across the Commonwealth, underscoring the federal government's commitment to protecting marine environments and biodiversity.

Key Provisions

The main operative sections of this determination under the Environment Protection and Biodiversity Conservation Regulations 2000 prohibit the anchoring or mooring of vessels in a specific part of the Cod Grounds Commonwealth Marine Reserve. This specific area, defined by regulation 12.56(2), is the part of the reserve that was previously declared and then revoked on 17 November 2012. The coordinates provided in the Schedule precisely identify the location of the prohibited area, which is within a circle of radius 1000 metres, centred at a point with latitude 31° 40′ 52″ S and longitude 152° 54′ 37″ E. This is an area within the Tasman Sea, and the coordinates are based on the Geocentric Datum of Australia 1994 (GDA94). The obligations and requirements imposed by this determination are clear and specific. Vessels are prohibited from anchoring or mooring in the designated area within the Cod Grounds Commonwealth Marine Reserve. This prohibition applies strictly to the area defined in the Schedule, which is a precise geographical location in the Tasman Sea. It is important to note that while this determination is in effect, any form of anchoring or mooring within the specified boundaries is not permitted unless authorised by a permit issued by the Director of National Parks. The consequences for breaching this determination are significant. Under the Environment Protection and Biodiversity Conservation Act 1999, any person or entity found in breach of the regulations may face substantial penalties. The maximum penalties for contravening these regulations can include fines of up to $222,222 for an individual and $1,111,110 for a body corporate, along with potential imprisonment terms. These penalties underscore the seriousness of non-compliance with the regulations designed to protect the marine environment and biodiversity. The revocation of the previous determination made on 14 December 2013 highlights the evolving nature of marine protection measures and the ongoing commitment to preserving the Cod Grounds Commonwealth Marine Reserve.