Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 was enacted to provide for the protection of the environment, particularly in relation to biodiversity conservation and the management of activities that may harm the environment. This regulation was introduced to address the problem of overfishing and the need to protect marine biodiversity within Commonwealth marine reserves. The regulation was enacted by the Parliament of Australia and aims to safeguard critical marine habitats and ecosystems by prohibiting certain activities that may cause harm. One specific instance of this is the prohibition of the use of commercial fishing vessels in specified areas of marine reserves, as demonstrated in the determination made under subregulation 12.56(2) of the Regulations. This determination, made by Charlton Clark, Assistant Secretary of the Commonwealth Marine Reserves Branch, explicitly bans commercial fishing activities in the area of the former Cod Grounds Commonwealth Marine Reserve to protect the marine environment and ensure the sustainability of marine resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, as detailed in subregulation 12.56(2), pertains specifically to the prohibition of the use of commercial fishing vessels within the defined area of the former Cod Grounds Commonwealth Marine Reserve. This legislation applies to all individuals and entities operating commercial fishing vessels within the geographic scope 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 reserve area is located in the Tasman Sea, enclosed within a circle of radius 1000 metres, with the centre point specified at latitude 31° 40′ 52″ S and longitude 152° 54′ 37″ E. This geographic demarcation adheres to the Geocentric Datum of Australia 1994 (GDA94), as stipulated in Commonwealth of Australia Gazette GN35 of 6 September 1995. The determination is applicable at all times and is enforced through the authority delegated to Charlton Clark, Assistant Secretary of the Commonwealth Marine Reserves Branch within the Department of Sustainability, Environment, Water, Population and Communities.

Key Provisions

The main operative section of the determination is subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000. This regulation allows the Director of National Parks to prohibit the use of commercial fishing vessels in certain areas of the Commonwealth marine reserves. In this instance, Charlton Clark, as the delegate of the Director of National Parks, has exercised this power to prohibit the use of commercial fishing vessels in the area of the former Cod Grounds Commonwealth Marine Reserve, which was declared by proclamation on 10 May 2007 and revoked by proclamation on 17 November 2012. The specified area is defined as all that area in the Tasman Sea, enclosed within the circumference of a circle of radius 1000 metres, with the centre at latitude 31° 40′ 52″ S, longitude 152° 54′ 37″ E, as per the Schedule. The obligations and requirements imposed by this determination are clear and direct: commercial fishing vessels are strictly prohibited from entering the specified area of the former Cod Grounds Commonwealth Marine Reserve. This prohibition applies at all times, meaning there are no exceptions based on time, season, or any other factor. The purpose of this prohibition is to protect the marine environment and biodiversity within the reserve. Those operating commercial fishing vessels must ensure they do not enter this area, as doing so would be a breach of the regulations and could result in legal consequences. Any breach of this prohibition is an offence under the Environment Protection and Biodiversity Conservation Act 1999. The penalties for such an offence can be substantial. In the case of an individual, the maximum penalty is 500 penalty units, or in the case of a corporation, 2,500 penalty units. These penalties reflect the seriousness of disregarding regulations designed to protect critical marine environments and the biodiversity they support. It is important for all parties to be aware of these legal consequences to ensure compliance and avoid any potential enforcement actions.