Determination Prohibiting Mooring of Vessels - Part of the Cod Grounds Commonwealth Marine Reserve Being the Area of the Former Cod Grounds Commonwealth Marine Reserve

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to provide a comprehensive framework for the protection of the environment and biodiversity in Australia, addressing a critical need to manage and conserve natural resources effectively. These regulations were established under the authority of the Australian Parliament, with the overarching policy objective of preventing significant harm to the environment, including the biodiversity of Australia's marine areas. One specific determination under these regulations, Gazetted as C2013G01933, was introduced to manage the use of the Cod Grounds Commonwealth Marine Reserve. This regulation aims to balance conservation efforts with permissible activities by prohibiting the mooring of vessels in a specific area of the former Cod Grounds Commonwealth Marine Reserve while still allowing anchoring, thus providing a measure of protection to the marine ecosystem in that region.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000 apply to a broad range of entities, including individuals and corporations, with specific regulations tailored to various industries and conduct that may impact the environment. One such regulation, found in subregulation 12.56(2), pertains to the mooring of vessels within the Cod Grounds Commonwealth Marine Reserve, specifically the area of the former Cod Grounds Commonwealth Marine Reserve. This regulation extends to the Commonwealth jurisdiction, encompassing marine waters within Australia's territorial limits. The regulation aims to protect the marine environment by prohibiting the mooring of vessels within the specified area, although anchoring is still permitted. The regulation is geographically focused on a defined area in the Tasman Sea, enclosed within a circle of radius 1000 metres centred at specific latitude and longitude coordinates. The regulation is enforced through subordinate instruments, ensuring compliance and protection of the marine reserve.

Key Provisions

The determination under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations) specifies that a particular part of the Cod Grounds Commonwealth Marine Reserve is designated as an area where vessels are allowed to anchor but not to moor. This part of the reserve corresponds to the area of the former Cod Grounds Commonwealth Marine Reserve, which was declared by Proclamation on 10 May 2007 and subsequently revoked by another Proclamation on 17 November 2012. The specific area is defined as the region in the Tasman Sea enclosed within a circle of 1000-metre radius, centered at the coordinates 31° 40′ 52″ S, longitude 152° 54′ 37″ E. This is an area where anchoring is permitted but mooring is strictly prohibited. Under the Regulations, any vessel operating within the specified area must comply with the anchoring conditions set forth in the determination. Specifically, vessels must anchor but are not allowed to moor, meaning they cannot use anchor lines or any other means to secure their vessels to the seabed. This regulation aims to protect the marine environment by minimising the physical disturbance to the seabed and marine habitats caused by mooring. The obligations imposed on vessels include ensuring that their anchoring methods do not cause damage to the seabed or marine life and that they remain within the designated area where anchoring is allowed. Failure to comply with the anchoring regulations within the specified area of the Cod Grounds Commonwealth Marine Reserve may result in various civil and criminal consequences. The specific penalties for breaches are not detailed in the determination but can generally include fines and other sanctions under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) and the Environment Protection and Biodiversity Conservation Regulations 2000. The maximum penalties for offences under these Acts can include substantial fines for individuals and corporations, and in severe cases, imprisonment. It is essential for operators of vessels to adhere strictly to the regulations to avoid these penalties and to contribute to the conservation of the marine environment.