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, 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 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.
AND I HEREBY REVOKE the prohibition on fishing in the Mermaid Reef National Nature Reserve made under regulation 36(1) of the National Parks and Wildlife Regulations on the 14th day of February 1995.
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.
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
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 environmental heritage. This legislation was introduced by the Australian Parliament and aims to prevent the degradation of the environment and the loss of biodiversity. As part of these regulations, Charlton Clark, acting as the delegate of the Director of National Parks under subregulation 12.56(2), issued a determination on 17 November 2012 to prohibit the use of recreational vessels with fishing gear in use within the Mermaid Reef Commonwealth Marine Reserve. This decision was made to protect the marine ecosystem and biodiversity of the area, while also revoking the previous prohibition on fishing in the Mermaid Reef National Nature Reserve that had been in place since 1995. The policy objective is to ensure the sustainable management of marine reserves and the preservation of marine life within these protected areas.
Scope and Application
The Environment Protection and Biodiversity Conservation Regulations 2000, as amended by this determination, apply to all vessels used for recreational fishing that have fishing gear on board and in use within the specified boundaries of the Mermaid Reef Commonwealth Marine Reserve in the Indian Ocean. This prohibition extends to any person or entity engaging in recreational fishing activities using vessels with fishing gear within the reserve. The geographic reach of this regulation is limited to the specific area defined in the Schedule, which is located within the Indian Ocean and bounded by specific latitude and longitude coordinates. This regulation does not apply to commercial fishing activities or to vessels not being used in connection with recreational fishing. The application of this regulation may be further extended or modified through subordinate instruments, although none are explicitly mentioned in this determination. The revocation of the previous prohibition on fishing in the Mermaid Reef National Nature Reserve under the National Parks and Wildlife Regulations highlights the updating of conservation measures and the alignment of regulations under the new legislative framework.
Key Provisions
The primary sections of this legislation, specifically subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000, establish that the area of the Mermaid Reef Commonwealth Marine Reserve is designated as an area where the use of recreational vessels equipped with fishing gear in use is prohibited. This means that any vessel being used for recreational fishing purposes that has fishing gear on board and in use is not allowed to operate in the specified area of the Mermaid Reef Commonwealth Marine Reserve at any time (subregulation 12.56(2)). This determination is intended to protect the marine environment and biodiversity within the reserve.
Under this Act, the obligations imposed on the parties and entities governed by it are clear. Specifically, any vessel operator intending to navigate within the Mermaid Reef Commonwealth Marine Reserve must ensure that no recreational fishing activities are conducted, and no fishing gear is on board or in use. This prohibition applies strictly within the geographical boundaries of the reserve, as defined in the Schedule to the determination. The Act also revokes a previous prohibition on fishing in the Mermaid Reef National Nature Reserve, which had been in place since 1995 (regulation 36(1) of the National Parks and Wildlife Regulations).
Breaching the provisions of this determination can result in civil and criminal consequences. Although specific penalties are not detailed in the text provided, the Environment Protection and Biodiversity Conservation Act 1999 generally allows for substantial fines and potential imprisonment for violations of its regulations. In the context of the Mermaid Reef Commonwealth Marine Reserve, non-compliance could lead to enforcement actions by relevant authorities, including fines and other legal penalties as prescribed by the Act. The seriousness of such breaches underscores the importance of adhering to the regulations to protect the marine environment and its biodiversity.