Environment Protection and Biodiversity Conservation Regulations 2000
Subregulation 12.56(2)
DETERMINATION PROHIBITING USE OF RECREATIONAL VESSELS WITH FISHING GEAR IN USE
MERMAID REEF COMMONWEALTH MARINE RESERVE
I, CHARLTON CLARK, Assistant Secretary, Commonwealth Marine Reserves Branch, Parks Australia Division, Department of the Environment, 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 Mermaid Reef Commonwealth Marine Reserve, being the area of water 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 and have fishing gear on board and in use,
is prohibited at all times.
In this determination:
(a) recreational fishing means fishing other than commercial fishing; and
(b) fishing gear means equipment designed to be used to attract or take fish or other aquatic animals.
Dated this 14th day of December 2013
SIGNED
..............................................
Charlton Clark
SCHEDULE
The area of Mermaid Reef Commonwealth Marine Reserve:
All of that area within the Indian Ocean contained within and bounded as follows*:
- commencing at the point of latitude 16 degrees 58 minutes south, longitude 119 degrees 32 minutes east;
- then east along the parallel of latitude 16 degrees 58 minutes south to its intersection with the meridian of longitude 119 degrees 43 minutes east;
- then south along the meridian of longitude 119 degrees 43 minutes east to its intersection with the parallel of latitude 17 degrees 13 minutes south;
- then west along the parallel of latitude 17 degrees 13 minutes south to its intersection with the meridian of longitude 119 degrees 32 minutes east; and
- then north along the meridian of longitude 119 degrees 32 minutes east to the point of commencement.
* All 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.
Overview
The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to address the need for comprehensive protection of Australia's biodiversity and to implement the requirements of the Environment Protection and Biodiversity Conservation Act 1999. This Act was introduced by the Parliament of Australia to provide for the protection of the environment, particularly by addressing threats from human activities and conserving Australia's biodiversity. The policy objective of these regulations is to safeguard Australia's unique ecosystems, including marine environments, from activities that could cause significant harm. One such measure is the prohibition of recreational fishing with gear in certain marine reserves to protect marine life and habitats. This particular regulation, issued by Charlton Clark, an Assistant Secretary of the Department of the Environment, aims to restrict the use of recreational vessels with fishing gear in the Mermaid Reef Commonwealth Marine Reserve to preserve its ecological integrity.
Scope and Application
The determination under the Environment Protection and Biodiversity Conservation Regulations 2000 specifies that recreational vessels engaged in fishing activities with fishing gear on board and in use are prohibited within the Mermaid Reef Commonwealth Marine Reserve. This regulation applies to all individuals and entities operating within the defined boundaries of the Mermaid Reef, which is located in the Indian Ocean and is governed under the Commonwealth jurisdiction. This prohibition includes any form of recreational fishing that involves the use of equipment designed to attract or capture fish or other aquatic animals. The scope of this regulation is clearly outlined geographically, detailing the exact coordinates that encompass the restricted area. There are no stated exclusions or exemptions within the text, indicating that the prohibition is all-encompassing for the specified activities within the designated marine reserve. The application of this regulation extends through the authority granted to Charlton Clark, as a delegate of the Director of National Parks, thereby enforcing the stipulations of the Environment Protection and Biodiversity Conservation Regulations 2000.
Key Provisions
The main operative sections of this legislation (subregulation 12.56(2)) establish that recreational vessels equipped with fishing gear in use are prohibited within the Mermaid Reef Commonwealth Marine Reserve. This includes any vessels being used in connection with recreational fishing that have fishing gear on board and in use, as defined by the regulation. The specific area of restriction is clearly outlined in the Schedule, which provides the geographic coordinates that bound the reserve in the Indian Ocean.
The Act imposes several obligations on the parties or entities it governs. Vessels and their operators must ensure that fishing gear is not on board and in use within the specified boundaries of the Mermaid Reef Commonwealth Marine Reserve. This includes both the physical presence of fishing gear and the act of fishing itself. Non-compliance with this prohibition can lead to serious consequences, as outlined in the regulation.
Any breach of this prohibition can result in both civil and criminal consequences. The determination does not explicitly state the penalties for non-compliance, but under the Environment Protection and Biodiversity Conservation Act 1999, breaches of such regulations can result in significant fines and potential imprisonment. The specific penalties would depend on the nature and severity of the breach, and could include fines of up to $324,000 for corporations and $64,800 for individuals, as well as imprisonment for up to two years for serious offences. These consequences underscore the importance of adhering to the regulation to protect the marine environment and biodiversity within the reserve.