Determination Prohibiting use of Commercial Fishing Vessels - Part of the Cod Grounds Commonwealth Marine Reserve – Area of the Former Cod Grounds Commonwealth Marine Reserve

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to provide for the protection of the environment and biodiversity, particularly in relation to activities that may cause significant impact. This regulation was introduced to address the need for stringent measures to protect marine ecosystems from the detrimental effects of commercial fishing activities. The policy objective of these regulations is to conserve Australia's biodiversity and protect its environment from significant impacts, including those from commercial fishing practices. The enacting body, the Parliament of Australia, has empowered the Department of the Environment to implement and enforce these regulations to safeguard marine reserves and their ecosystems. The specific determination prohibiting the use of commercial fishing vessels in the area of the former Cod Grounds Commonwealth Marine Reserve aims to prevent further ecological degradation and support the recovery of marine biodiversity in the specified region.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, as amended, provide a comprehensive framework for the protection and conservation of the environment in Australia, particularly concerning significant marine and terrestrial areas. The specific regulation 12.56(2) under this framework pertains to the prohibition of the use of commercial fishing vessels in a designated area of the former Cod Grounds Commonwealth Marine Reserve. This prohibition applies to all commercial fishing vessels operating within the specified coordinates of the former Cod Grounds Commonwealth Marine Reserve in the Tasman Sea, which was formally declared and subsequently revoked. The regulation applies universally within the Commonwealth of Australia, extending to all persons and entities involved in commercial fishing activities within the defined geographical boundaries of the reserve. The regulation does not specify exclusions, exemptions, or thresholds for its application, thereby imposing a blanket prohibition on the use of commercial fishing vessels in this area at all times. Subordinate instruments may further detail specific operational aspects or provide additional context, but the primary scope and intent of the regulation are clear in its prohibition of commercial fishing activities within the specified marine reserve area.

Key Provisions

The main operative sections of this legislation pertain to the prohibition of using commercial fishing vessels within a specified area of the former Cod Grounds Commonwealth Marine Reserve (subregulation 12.56(2)). This determination applies to the area enclosed within the circumference of a circle with a radius of 1000 metres, centred at the geographic coordinates 31° 40′ 52″ S, longitude 152° 54′ 37″ E, as specified in the Schedule (1). The regulation seeks to protect this marine environment by restricting commercial fishing activities. The Act imposes strict obligations on parties and entities by prohibiting the use of commercial fishing vessels in the designated area at all times. This means that no commercial fishing activities, including but not limited to fishing operations, fishing vessel operations, and any ancillary activities related to commercial fishing, are permitted within the specified boundaries. The prohibition is comprehensive and applies to any vessel used for commercial fishing purposes, regardless of the type of fishing gear or methods employed. Any breach of this prohibition may result in significant consequences. The Act does not explicitly state the penalties or offences for non-compliance; however, under the Environment Protection and Biodiversity Conservation Act 1999, violations of regulations can attract civil and criminal penalties. Civil penalties may include fines up to a maximum of $1.1 million for corporations and $220,000 for individuals, depending on the severity and nature of the offence. Criminal penalties may include imprisonment, reflecting the seriousness with which the Act treats non-compliance with its provisions. The exact penalties depend on the specific circumstances of the breach and the applicable provisions of the broader legislation.