Environment Protection and Biodiversity Conservation Regulations 2000
Subregulation 12.56(2)
DETERMINATION PROHIBITING MOORING OF VESSELS AND
DETERMINATION REVOKING THE PROHIBITING OF ANCHORING VESSELS
COD GROUNDS MARINE PARK
I, Kim Farrant, Assistant Secretary Marine Parks Branch, the Department of Agriculture, Water and the Environment, acting under delegation from the Director of National Parks and pursuant to subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations), having taken into account and being satisfied that mooring in all areas that comprise the Cod Grounds Marine Park (Park) might interfere with the protection of features or facilities in the Park, HEREBY DETERMINE that the area of the Park specified in the schedule to this determination (Schedule) and more or less depicted on the map in the Schedule, is an area of water where mooring of vessels is prohibited at all times.
AND I HEREBY REVOKE, under subregulation 12.56(2) of the Regulations, the determination made by JASON MUNDY, Acting Director of National Parks, on 27 June 2018 (F2018N00077), that an area of water within the Park, as an area of water where the anchoring or mooring of vessels is prohibited, having taken into account and being satisfied that anchoring in the area of the Park no longer interferes with the protection of features or facilities in the Park.
Dated this 5 day of August 2020
Kim Farrant
Assistant Secretary Marine Parks Branch
SCHEDULE
COD GROUNDS MARINE PARK
All areas that comprise the Park, being 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, enacted by the Parliament of Australia, were introduced to address the need for comprehensive protection of the nation's biodiversity and environmental heritage. One specific regulation, 12.56(2), provides the authority to manage and protect marine parks by prohibiting certain activities that could harm marine ecosystems. This regulation enables the revocation or imposition of prohibitions on vessel mooring and anchoring in designated marine park areas, such as the Cod Grounds Marine Park, to safeguard the ecological integrity of these sensitive environments. The policy objective behind such regulations is to ensure the sustainable use and conservation of Australia's marine biodiversity, preventing activities that might interfere with the protection of marine features and facilities.
Scope and Application
The determination made under the Environment Protection and Biodiversity Conservation Regulations 2000 specifically applies to the Cod Grounds Marine Park, where mooring of vessels is now prohibited at all times. This decision, taken by Kim Farrant, Assistant Secretary of the Marine Parks Branch in the Department of Agriculture, Water and the Environment, is aimed at ensuring the protection of features or facilities within the Park, as it was determined that mooring might interfere with these protections. The geographic scope of this regulation covers all areas that comprise the Cod Grounds Marine Park, delineated by specific latitude and longitude coordinates, ensuring that the prohibition is uniformly applied across the designated marine area. Additionally, the determination revokes a previous prohibition on anchoring within the Park, which was put in place to safeguard the same features or facilities, but is no longer considered necessary due to changes in the perceived level of interference. This regulation is intended to balance the need for environmental protection with the practicalities of maritime activities within the Park.
Key Provisions
The primary operative sections of the determination are outlined in subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000. Pursuant to this subregulation, Kim Farrant, Assistant Secretary of the Marine Parks Branch, has determined that mooring of vessels is prohibited in all areas of the Cod Grounds Marine Park. This prohibition is intended to prevent any interference with the protection of features or facilities within the Park. Conversely, the determination revokes a previous prohibition on anchoring vessels within the Park, which was put in place by Jason Mundy on 27 June 2018, as anchoring is no longer considered to interfere with the protection of Park features or facilities. These decisions are detailed in the schedule to the determination, which specifies the geographic boundaries of the Park and the areas where the prohibitions apply.
The obligations imposed by this determination on the parties or entities it governs are clear. Vessels are prohibited from mooring in all areas of the Cod Grounds Marine Park as outlined in the schedule. This includes all activities that involve securing a vessel to a fixed object underwater, effectively preventing any vessel from remaining stationary in these waters. Additionally, the revocation of the previous anchoring prohibition means that vessels may now anchor in the Park, provided it does not interfere with the protection of Park features or facilities.
Breaching the prohibition on mooring vessels within the Cod Grounds Marine Park can result in legal consequences. Although the specific offences, penalties, or consequences for non-compliance are not detailed in the text, violations of the Environment Protection and Biodiversity Conservation Act 1999 or its regulations typically attract fines and potential criminal charges. Under the Act, the maximum penalty for contravening a determination can be substantial, including fines of up to $330,000 for individuals and $1.65 million for corporations, along with potential imprisonment terms. The exact penalties depend on the severity of the breach and any applicable aggravating factors. Compliance with these regulations is crucial to avoid these severe consequences.