Environment Protection and Biodiversity Conservation Regulations 2000

Subregulation 12.56(2)

DETERMINATION PROHIBITING USE OF RECREATIONAL VESSELS WITH FISHING GEAR IN USE

PART OF THE LORD HOWE ISLAND COMMONWEALTH MARINE RESERVE –

AREA OF THE SANCTUARY ZONES OF THE FORMER LORD HOWE ISLAND MARINE PARK (COMMONWEALTH WATERS) AND ELIZABETH AND MIDDLETON REEFS MARINE NATIONAL NATURE RESERVE

I, CHARLTON CLARK, Assistant Secretary, Commonwealth Marine Reserves Branch, Marine Division, Department of Sustainability, Environment, Water, Population and Communities, delegate of the power of the Director of National Parks under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000, HEREBY DETERMINE that the area of the Sanctuary Zones of the former Lord Howe Island Marine Park (Commonwealth Waters) declared by Proclamation on 7 June 2000 and revoked by Proclamation on 15 November 2012 and Elizabeth and Middleton Reefs Marine National Nature Reserve declared by Proclamation on 11 December 1987 and revoked by Proclamation that took effect on 17 November 2012, being the areas specified in the Schedule hereto, are areas of water where use of the following class of vessels:

• vessels that are being used in connection with recreational fishing and have fishing gear on board and in use,

is prohibited at all times.

Signed - 17 November 2012

Charlton Clark

Assistant Secretary

Commonwealth Marine Reserves Branch

Department of Sustainability, Environment, Water, Population and Communities

Delegate of the Director of National Parks

SCHEDULE

PART OF THE LORD HOWE ISLAND COMMONWEALTH MARINE RESERVE

The Sanctuary Zone of the former Lord Howe Island Marine Park (Commonwealth Waters)

(a)  All of that area in the South Pacific Ocean bounded by the line(1):

(i)          commencing at the easternmost intersection of the parallel of latitude 31° 35′ 50″ S by the outer limit of the coastal waters of the State(2) of New South Wales, adjacent to Lord Howe Island;

(ii)        from there generally north-easterly and north-westerly along that outer limit to its intersection by the parallel of latitude 31° 30′ 40″ S;

(iii)      from there east along that parallel to its intersection by the outer limit of the territorial sea(3) of Australia adjacent to Lord Howe Island;

(iv)      from there generally southerly and south-easterly along that outer limit to its intersection by the parallel of latitude 31° 35′ 50″ S; and

(v)        from there west along that parallel to the point of commencement.

(b)  All of that area in the South Pacific Ocean bounded by the line(1):

(i)      commencing at the westernmost intersection of the parallel of latitude 31° 46′ 50″ S by the outer limit of the coastal waters of the State(2) of New South Wales, adjacent to Ball’s Pyramid;

(ii)    from there generally south-easterly and north-easterly along that outer limit to its easternmost intersection by the parallel of latitude 31° 46′ 50″ S;

(iii)   from there east along that parallel to its intersection by the outer limit of the territorial sea(3) of Australia adjacent to Ball’s Pyramid;

(iv)  from there generally southerly, south-westerly and north-westerly along that outer limit to its intersection by the parallel of latitude 31° 46′ 50″ S; and

(v)    from there east along that parallel to the point of commencement.

Notes:

1. Geographic coordinates are expressed in terms of the Geocentric Datum of Australia 1994 (GDA94) as described in the Commonwealth of Australia Gazette GN35 of 6 September 1995.
2. The coastal waters of the State has the same meaning as in subsection 3 (1) of the Coastal Waters (State Powers) Act 1980.
3. The territorial sea of Australia and its external territories is established under the Seas and Submerged Lands Act 1973 in accordance with Articles 3 and 4 of the 1982 United Nations Convention on the Law of the Sea. Australia has declared a 12 nautical mile wide territorial sea under the Act (by Proclamation which entered into force on 20 November 1990 and published in the Commonwealth of Australia Gazette No. S297 on 13 November 1990). The outer limit of the territorial sea is 12 nautical miles seaward from the territorial sea baselines established under the Act (Proclamations published in the Commonwealth of Australia Gazette No. S29 on 9 February 1983 and No. S57 on 31 March 1987).

The Sanctuary Zone of the former Elizabeth and Middleton Reefs Marine National Nature Reserve

All of that area in the South Pacific Ocean, excluding the area south of the parallel of latitude 29° 53′ 00″ S, bounded by the line(1):

(i)            commencing at the point of latitude 29° 21′ 00″ S, longitude 158° 59′ 00″ E;

(ii)            from there east along the parallel of latitude 29° 21′ 00″ S to its intersection by the meridian of longitude 159° 14′ 00″ E;

(iii)            from there south-westerly along the geodesic to the point of latitude 30° 03′ 00″ S, longitude 159° 10′ 00″ E;

(iv)            from there west along the parallel of latitude 30° 03′ 00″ S to its intersection by the meridian of longitude 158° 55′ 00″ E; and

(v)            from there north-easterly along the geodesic to the point of commencement.

Notes:

1. Geographic coordinates are expressed in terms of the Geocentric Datum of Australia 1994 (GDA94) as described in the Commonwealth of Australia Gazette GN35 of 6 September 1995.