Determination Prohibiting use of Recreational Vessels with Fishing Equipment not Stowed and Secured - 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 regulations under the Environment Protection and Biodiversity Conservation Act 1999, addressing the need for comprehensive protection of Australia's biodiversity and the environment. This legislation was introduced to fill the gap in environmental protection and conservation measures by providing a regulatory framework that facilitates the preservation of ecological systems and biodiversity. The regulations were developed and are enforced by the Parliament of Australia, with the objective of ensuring that the use of the nation's natural resources is sustainable and does not result in significant harm to the environment. This particular regulation specifically targets the protection of marine reserves by prohibiting the use of recreational vessels with unsecured fishing equipment in designated areas to safeguard marine life and habitats.

Scope and Application

The determination under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000 applies to the area of the former Cod Grounds Commonwealth Marine Reserve in the Tasman Sea, which was declared and later revoked. Specifically, it prohibits the use of recreational vessels with fishing equipment not stowed and secured within this specified area at all times. This prohibition applies to any vessels engaged in recreational fishing activities, which are defined as fishing activities other than commercial fishing. The term "fishing equipment" includes any equipment designed to attract or take fish or other aquatic animals. For the purposes of this determination, "stowed and secured" means that the fishing equipment must not be in contact with the water, must be onboard the vessel, and all fishing lines must be unrigged. "Unrigged fishing line" means all tackle, including hooks and lures, must be removed from the line. This regulation extends to all vessels operating within the geographic coordinates specified in the Schedule, which defines the area of the former Cod Grounds Commonwealth Marine Reserve.

Key Provisions

The determination under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000 (the "Regulations") explicitly prohibits the use of recreational vessels with fishing equipment that is not stowed and secured in the specified area of the Cod Grounds Commonwealth Marine Reserve. This area, defined in the Schedule, corresponds to the former Cod Grounds Commonwealth Marine Reserve, which was declared by proclamation on 10 May 2007 and subsequently revoked on 17 November 2012. The area of concern is situated in the Tasman Sea, within a circle of 1000-metre radius, centred at the geographic coordinates of latitude 31° 40′ 52″ S and longitude 152° 54′ 37″ E. The determination imposes specific obligations on parties or entities, including recreational fishers, who must ensure that any fishing equipment onboard their vessels is stowed and secured at all times. This means that such equipment should not be in contact with the water, must be onboard the vessel, and all fishing lines must be unrigged, with all tackle, including hooks and lures, removed from the lines. Failure to comply with these requirements constitutes an offence under the Regulations, and violators may face civil and/or criminal consequences. The Regulations do not specify particular penalties for breaches of this determination. However, under the broader framework of the Environment Protection and Biodiversity Conservation Act 1999, contraventions of regulations can result in substantial fines and, in severe cases, imprisonment. For corporations, the maximum fines can be up to $330,000 for individual offences and $1.65 million for continuing offences, while individuals can face fines up to $66,000 for individual offences and $330,000 for continuing offences. These penalties underscore the seriousness with which the Australian government treats breaches of environmental protection laws.