Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to address the problem of the decline in marine biodiversity and the need for conservation of ecologically significant areas. This legislation, enacted by the Parliament of Australia, aims to protect and conserve Australia's biodiversity and its environment. In this context, Charlton Clark, the Assistant Secretary of the Commonwealth Marine Reserves Branch, Department of Sustainability, Environment, Water, Population and Communities, has issued a determination under subregulation 12.56(2) of these Regulations to prohibit the use of recreational vessels with fishing gear in the area of the former Cod Grounds Commonwealth Marine Reserve. This determination was made to protect the marine ecosystem and biodiversity within this specific area of the Tasman Sea, following the revocation of the former Cod Grounds Commonwealth Marine Reserve on 17 November 2012.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, as specified in the Gazette, introduce a prohibition on the use of recreational vessels with fishing gear in use within the area of the former Cod Grounds Commonwealth Marine Reserve. This regulation applies to vessels engaged in recreational fishing, which is defined as fishing other than commercial fishing, and includes any equipment designed to attract or take fish or other aquatic animals that is on board and in use. The regulation extends to a specific geographic area in the Tasman Sea, delineated by a circle with a radius of 1000 metres, centred at the coordinates 31° 40′ 52″ S, longitude 152° 54′ 37″ E, as measured using the Geocentric Datum of Australia 1994 (GDA94). The prohibition is applicable at all times and the determination was made by Charlton Clark, an Assistant Secretary of the Commonwealth Marine Reserves Branch, Department of Sustainability, Environment, Water, Population and Communities, acting as a delegate of the Director of National Parks. This legislative instrument restricts the specified activities within the defined marine reserve area without indicating any exclusions, exemptions, or thresholds in the provided excerpt.

Key Provisions

The main operative sections of this determination revolve around the prohibition of the use of recreational vessels with fishing gear in the area of the former Cod Grounds Commonwealth Marine Reserve, now a part of the broader marine reserve regulations (subregulation 12.56(2)). Specifically, this determination restricts the use of vessels engaged in recreational fishing that have fishing gear on board and in use, within the specified area of the former marine reserve. This area is defined in the schedule, and encompasses a circular section of water in the Tasman Sea, with a radius of 1000 metres from a specified geographic point (Schedule, Part of the Cod Grounds Commonwealth Marine Reserve). The definitions provided clarify that recreational fishing refers to fishing activities that are not commercial, and fishing gear includes any equipment designed to attract or capture fish or other aquatic animals. The obligations imposed by this Act on the parties or entities it governs are clear and specific. Any person or entity operating a recreational vessel within the prohibited area must ensure that their vessel does not have any fishing gear on board and in use at all times. This includes adhering to the geographic boundaries specified in the Schedule, which are measured in accordance with the Geocentric Datum of Australia 1994 (GDA94). Failure to comply with these conditions can result in legal repercussions, as outlined in the determination. The determination also specifies the civil and criminal consequences for breaching these provisions. Although the determination itself does not detail the exact penalties, under the Environment Protection and Biodiversity Conservation Act 1999, contraventions of regulations may result in significant fines and potential imprisonment. The specific penalties can vary depending on the severity and circumstances of the breach, but they underscore the importance of adhering to the regulations. In summary, the prohibition on using recreational vessels with fishing gear in the specified marine reserve area is stringent, with serious legal consequences for non-compliance.