Environment Protection and Biodiversity Conservation Regulations 2000
Subregulation 12.56(2)
DETERMINATION PROHIBITING USE OF RECREATIONAL VESSELS WITH FISHING EQUIPMENT NOT STOWED AND SECURED
NORTH NETWORK OF MARINE PARKS – PARK ZONES ASSIGNED TO IUCN CATEGORY II (NATIONAL PARK)
I, JASON MUNDY, Acting Director of National Parks, under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000, HEREBY DETERMINE that each of the zones within Oceanic Shoals, Gulf of Carpentaria and West Cape York Marine Parks that are assigned to IUCN category II (national park), being the areas shown in marine park maps in Schedule 2 and described in Schedule 4 to the North Marine Parks Network Management Plan 2018, as specified in the Schedule hereto, is an area of water where use of the following class of vessels:
- vessels that are being used in connection with recreational fishing with fishing equipment not stowed and secured,
is prohibited at all times.
In this determination:
recreational fishing means fishing other than commercial fishing;
fishing equipment means equipment designed to be used to attract or take fish or other aquatic animals;
stowed and secured means fishing equipment is not in contact with the water, is onboard the vessel and all fishing lines are unrigged; and
unrigged fishing line means all tackle (including hooks and lures) has been removed from the line.
Dated this 27 th day of June 2018
SIGNED
Jason Mundy
SCHEDULE
NORTH NETWORK OF MARINE PARKS– PARK ZONES ASSIGNED TO IUCN CATEGORY II (NATIONAL PARK)
List of relevant zone and clause numbers in Schedule 4 of the North Marine Parks Network Management Plan 2018:
Marine Park | Zone Number/s | Clause describing the area boundary |
Oceanic Shoals Marine Park | 1 | 2.3 |
Gulf of Carpentaria Marine Park | 1 | 7.3 |
West Cape York Marine Park | 1, 4 | 8.3, 8.6 |
Overview
The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to provide a comprehensive regulatory framework for the protection of the environment and biodiversity in Australia. These regulations aim to prevent, mitigate, and manage the impacts of human activities on the environment, particularly focusing on threatened species, ecological communities, and World Heritage properties. Enacted by the Parliament of Australia, these regulations serve to implement the Environment Protection and Biodiversity Conservation Act 1999, with the overarching policy objective of preserving Australia's unique biodiversity and ecological heritage for future generations.
This notifiable instrument, issued under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000, addresses the problem of recreational fishing activities that could potentially harm marine ecosystems within specific zones of the North Network of Marine Parks. The instrument, signed by Jason Mundy, Acting Director of National Parks on 27 June 2018, specifically prohibits the use of recreational vessels with fishing equipment not stowed and secured in certain zones assigned to IUCN Category II (National Park) in the Oceanic Shoals, Gulf of Carpentaria, and West Cape York Marine Parks. The intent behind this determination is to safeguard these sensitive marine areas and maintain the integrity of their ecosystems.
Scope and Application
The Environment Protection and Biodiversity Conservation Regulations 2000, under subregulation 12.56(2), specifically target the use of recreational vessels in certain marine park zones within the North Network of Marine Parks. These zones, which include parts of Oceanic Shoals, Gulf of Carpentaria, and West Cape York Marine Parks, are classified under IUCN category II, meaning they are designated as national parks. The regulation applies to any person or entity using recreational vessels in these areas, prohibiting the use of vessels when fishing equipment is not properly stowed and secured. This restriction aims to protect marine environments by preventing the accidental release of fishing gear, which can harm aquatic life and ecosystems. The regulation's jurisdiction extends to the Commonwealth, enforcing compliance through subordinate instruments as necessary.
Key Provisions
The main operative sections of this notifiable instrument (F2018N00103) focus on prohibiting the use of recreational vessels with fishing equipment not stowed and secured within certain marine park zones. Section 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000 serves as the legal basis for this determination. According to this section, the zones within Oceanic Shoals, Gulf of Carpentaria, and West Cape York Marine Parks that are assigned to IUCN Category II (National Park) are identified as areas where such use is prohibited at all times. The specified zones and areas are detailed in Schedule 2 and Schedule 4 of the North Marine Parks Network Management Plan 2018.
The Act imposes specific obligations on individuals and entities within the designated marine park zones. These zones are clearly defined and mapped, and any recreational fishing activities must adhere to the stipulation that all fishing equipment must be stowed and secured. This means that the equipment cannot be in contact with the water, must be onboard the vessel, and all fishing lines must be unrigged. Failure to comply with these requirements can result in legal consequences.
Breaches of this prohibition are subject to penalties and legal consequences as outlined by the Environment Protection and Biodiversity Conservation Act 1999. While the exact penalties are not specified in this particular determination, it is generally understood that violations of such regulations can lead to both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can involve more severe consequences such as imprisonment, depending on the severity and frequency of the breach. The specific enforcement actions and penalties are typically detailed in the relevant legislation and can vary based on the circumstances of the violation.