Determination Prohibiting Recreational Fishing Part of Lord Howe Marine Park – Recreational Use Zone

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to provide a comprehensive framework for the protection and conservation of Australia's biodiversity and its associated ecosystems. This legislation was introduced to address the need for stringent measures to safeguard the country's unique and diverse flora and fauna, as well as to protect its significant natural heritage. The Regulations were made under the authority of the Environment Protection and Biodiversity Conservation Act 1999 by the Governor-General, in accordance with section 20 of that Act. The primary policy objective of these regulations is to ensure the protection of Australia's biodiversity and to promote the sustainable use of natural resources. On 27th June 2018, a notifiable instrument was introduced to prohibit recreational fishing in a specific area of the Lord Howe Marine Park, which is designated as the Recreational Use Zone. This determination, made by Jason Mundy, the Acting Director of National Parks, aims to safeguard the marine ecosystem and biodiversity within this zone. This prohibition does not apply to recreational fishing conducted under a permit issued by the Director of National Parks. The specified area in question is bounded by a series of geographic coordinates, ensuring precise delineation of the prohibited zone. This measure seeks to maintain the ecological balance and health of the marine environment within the Lord Howe Marine Park.

Scope and Application

The determination under subregulation 12.35(3) of the Environment Protection and Biodiversity Conservation Regulations 2000 prohibits recreational fishing within a specified area of the Recreational Use Zone in the Lord Howe Marine Park. This prohibition applies to the waters bounded by specific geographic coordinates as detailed in the schedule to the determination. Importantly, this restriction on recreational fishing does not apply to activities undertaken in accordance with a permit issued by the Director of National Parks, allowing for regulated recreational fishing under certain conditions. The regulations aim to balance conservation efforts with regulated use of marine resources within the park, thereby ensuring the protection of biodiversity and ecosystems while still providing for responsible recreational activities. The determination is made under the authority of the Commonwealth and applies specifically to the defined area within the marine park, which is subject to national environmental protection laws.

Key Provisions

The determination under subregulation 12.35(3) of the Environment Protection and Biodiversity Conservation Regulations 2000 establishes that recreational fishing is prohibited in a specific section of the Recreational Use Zone of the Lord Howe Marine Park. This area is clearly defined in the Schedule to the determination, which outlines the boundaries using geographical coordinates in accordance with the Geocentric Datum of Australia 1994 (GDA94). The specified area is bound by the coordinates starting from latitude 29° 53′ 00″ S and longitude 158° 55′ 00″ E, moving east to longitude 159° 24′ 00″ E, then south to latitude 30° 06′ 35″ S, west to longitude 158° 55′ 00″ E, and finally north back to the starting point. The Act imposes an obligation on individuals to comply with the prohibition on recreational fishing within the specified area. This means that any person engaging in recreational fishing activities within the demarcated zone will be in breach of the regulations unless they possess a permit issued by the Director of National Parks. The permit serves as an exception to the general prohibition, allowing authorised recreational fishing under certain conditions. This regulation aims to protect the marine ecosystem and biodiversity within the Lord Howe Marine Park, ensuring that fishing activities do not adversely impact the protected area. Failure to comply with the recreational fishing prohibition can result in civil and criminal consequences. Under the Environment Protection and Biodiversity Conservation Act 1999, individuals found in breach of the regulations may face penalties. The maximum penalty for contravening the regulations can include substantial fines and, in more severe cases, imprisonment. The exact penalties are determined by the court taking into account the seriousness of the offence, the circumstances, and the offender's history. Such measures are in place to enforce compliance and deter unlawful activities that could harm the marine environment.