Environment Protection and Biodiversity Conservation Regulations 2000
Subregulation 12.56(2)
DETERMINATION PROHIBITING ANCHORING OR MOORING OF VESSELS
COD GROUNDS MARINE PARK
I, JASON MUNDY, Acting Director of National Parks, under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000, HEREBY DETERMINE that the Cod Grounds Marine Park, being the area specified in the Schedule hereto and more or less shown on the map in the Schedule, is an area of water where anchoring or mooring of vessels is prohibited.
Note: This determination does not exclude anchoring or mooring in accordance with a permit issued by the Director of National Parks.
AND I HEREBY REVOKE
- the determination made on 14 June 2017 prohibiting anchoring or mooring of vessels in Cod Grounds Marine Park (F2017N00041); and
- the determination made on 14 December 2013 prohibiting use of commercial fishing vessels in part of the Cod Grounds Marine Park, notified in the Gazette (C2013G01932) and published on 19 December 2013.
Dated this 27 th day of June 2018
SIGNED
Jason Mundy
SCHEDULE
COD GROUNDS MARINE PARK
All of that area bounded by the line:
(i) commencing at the point of latitude 31° 40′ 19″ S, longitude 152° 53′ 59″ E;
(ii) from there east along the parallel of latitude 31° 40′ 19″ S to its intersection by the meridian of longitude 152° 55′ 15″ E;
(iii) from there south along the meridian of longitude 152° 55′ 15″ E to the parallel of latitude 31° 41′ 25″ S;
(iv) from there west along the parallel of latitude 31° 41′ 25″ S to its intersection by the meridian of longitude 152° 53′ 59″ E; and
(v) from there north along the meridian of longitude 152° 53′ 59″ E to the point of commencement.
Note: Geographic coordinates are expressed in terms of the Geocentric Datum of Australia 1994 (GDA94) as described in the Commonwealth of Australia Gazette GN35 of 6 September 1995.
Overview
The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to address the need for a robust framework governing the protection of Australia's unique biodiversity and environment. These regulations aim to prevent, mitigate, and remediate the adverse impacts of human activities on the environment, especially those with a significant impact on biodiversity and ecological processes. This determination, made under subregulation 12.56(2) by Jason Mundy, Acting Director of National Parks, specifically targets the Cod Grounds Marine Park by prohibiting the anchoring or mooring of vessels within its boundaries, while excluding activities conducted in accordance with a permit. The primary policy objective is to safeguard marine ecosystems and promote the conservation of biodiversity within the park. This determination revokes previous restrictions to streamline regulations and enhance the protection of this ecologically significant area.
Scope and Application
The determination under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000, issued by Jason Mundy, Acting Director of National Parks, establishes the Cod Grounds Marine Park as an area where the anchoring or mooring of vessels is prohibited, thereby safeguarding this marine environment. This regulation applies to any vessel within the specified geographic coordinates of the Cod Grounds Marine Park, which are bounded by defined points of latitude and longitude. This prohibition does not extend to activities conducted in accordance with a permit issued by the Director of National Parks. The jurisdictional reach of this determination is national, given its basis in the Commonwealth Environment Protection and Biodiversity Conservation Regulations 2000. This legislative instrument revokes previous determinations concerning anchoring and the use of commercial fishing vessels within the park, consolidating the regulatory framework to focus solely on the prohibition of anchoring and mooring unless authorised by a permit.
Key Provisions
The main operative section of the determination is subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000, which empowers the Acting Director of National Parks to prohibit anchoring or mooring of vessels in specified areas. In this instance, the Acting Director, Jason Mundy, has determined that the Cod Grounds Marine Park is an area where such activities are prohibited, except where conducted in accordance with a permit issued by the Director. This determination supersedes previous prohibitions issued on 14 June 2017 and 14 December 2013, effectively consolidating current regulations concerning vessel activities within the park.
The obligations imposed by this determination require that any person or entity wishing to anchor or moor vessels within the Cod Grounds Marine Park must obtain a permit from the Director of National Parks. This permit process ensures that any authorised anchoring or mooring activities are conducted in a manner that is consistent with the conservation objectives of the Marine Park. Additionally, this regulation mandates that all activities within the park adhere to the environmental protection and biodiversity conservation objectives outlined in the Environment Protection and Biodiversity Conservation Act 1999.
Failure to comply with the provisions of this determination may result in legal consequences. Under the Environment Protection and Biodiversity Conservation Act 1999, unauthorised anchoring or mooring of vessels within the prohibited area may be subject to fines and other penalties. The specific penalties are not detailed in the determination but can include substantial monetary fines and potential imprisonment, as outlined in the overarching legislation. The exact penalties would depend on the nature and severity of the breach, as well as any previous convictions or mitigating factors.