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 CORAL SEA COMMONWEALTH MARINE RESERVE –
AREA OF THE FORMER LIHOU REEF NATIONAL NATURE RESERVE AND CORINGA-HEARLD NATIONAL NATURE 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 areas of the former Lihou Reef National Nature Reserve and Coringa-Herald National Nature Reserve declared by proclamation on 16 August 1982 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.
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
PART OF THE CORAL SEA COMMONWEALTH MARINE RESERVE
The area of the former Lihou Reef National Nature Reserve:
All of that area in the Coral Sea bounded by the line(1):
(i) commencing at the point of latitude 17° 54′ 00″ S, longitude 151° 08′ 00″ E;
(ii) from there north along the meridian of longitude 151° 08′ 00″ E to its intersection by the parallel of latitude 17° 21′ 00″ S;
(iii) from there north-easterly along the geodesic to the point of latitude 16° 57′ 00″ S, longitude 151° 54′ 00″ E;
(iv) from there east along the parallel of latitude 16° 57′ 00″ S to its intersection by the meridian of longitude 152° 20′ 00″ E;
(v) from there south along that meridian to its intersection by the parallel of latitude 17° 27′ 00″ S; and
(vi) from there south-westerly along the geodesic to the point of commencement.
Notes:
- 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.
The area of the former Coringa-Herald National Nature Reserve:
All of that area in the Coral Sea bounded by the line(1):
(i) commencing at the point of latitude 17° 11′ 00″ S, longitude 150° 05′ 00″ E;
(ii) from there west along the parallel of latitude 17° 11′ 00″ S to its intersection by the meridian of longitude 149° 00′ 00″ E;
(iii) from there north along that meridian to its intersection by the parallel of latitude 16° 46′ 00″ S;
(iv) from there east along that parallel to its intersection by the meridian of longitude
149° 48′ 00″ E;
(v) from there north-easterly along the geodesic to the point of latitude 16° 23′ 00″ S, longitude 150° 12′ 00″ E;
(vi) from there east along the parallel of latitude 16° 23′ 00″ S to its intersection by the meridian of longitude 150° 30′ 00″ E;
(vii) from there south along that meridian to its intersection by the parallel of latitude 16° 52′ 00″ S; and
(viii) from there south-westerly along the geodesic to the point of commencement.
Notes:
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 values, including the regulation of activities that may have detrimental impacts on the environment. This piece of legislation was introduced by the Parliament of Australia to provide a framework for the conservation and protection of the nation's flora, fauna, ecological communities, and heritage places. The policy objective behind these regulations is to ensure the preservation of biodiversity and the sustainable use of natural resources. In 2013, Charlton Clark, as an Assistant Secretary of the Department of the Environment, issued a determination under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000, prohibiting the use of recreational vessels with fishing gear in use within specific areas of the Coral Sea Commonwealth Marine Reserve, namely the former Lihou Reef National Nature Reserve and Coringa-Herald National Nature Reserve. This determination aimed to protect these marine areas from the potential negative impacts of recreational fishing activities.
Scope and Application
The Environment Protection and Biodiversity Conservation Regulations 2000, under the authority of the Environment Protection and Biodiversity Conservation Act 1999, establish comprehensive measures to protect and conserve Australia's biodiversity and environment. This specific regulation, made under subregulation 12.56(2), targets the prohibition of recreational fishing vessels with fishing gear in use within the Coral Sea Commonwealth Marine Reserve, specifically within the areas previously designated as the Lihou Reef National Nature Reserve and Coringa-Herald National Nature Reserve. These areas were declared by proclamation on 16 August 1982 and subsequently revoked by another proclamation on 17 November 2012. The regulation applies to all vessels being used in connection with recreational fishing that have fishing gear on board and in use, prohibiting such activity at all times within the specified marine areas. This prohibition is clearly aimed at protecting marine biodiversity and preserving the ecological integrity of these marine reserves. The regulation extends to the Commonwealth level, encompassing the entire Coral Sea Commonwealth Marine Reserve, and applies to any person or entity operating recreational fishing vessels within the defined boundaries. This regulation does not specify any exclusions, exemptions, or thresholds; however, it does extend its application through the geographic coordinates provided, ensuring clarity on the areas subject to the prohibition.
Key Provisions
The determination made under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000 (the Regulations) prohibits the use of recreational vessels with fishing gear in use within specific areas of the Coral Sea Commonwealth Marine Reserve, namely, the former Lihou Reef National Nature Reserve and the former Coringa-Herald National Nature Reserve. These areas are defined geographically in the Schedule to the determination, which provides precise coordinates for each boundary. Recreational fishing, as defined in the determination, includes any fishing activity that is not commercial, while fishing gear refers to any equipment designed to attract or capture fish or other aquatic animals. The prohibition applies to all times, meaning that no recreational vessels with fishing gear in use are permitted within these areas.
The determination imposes clear obligations on any person or entity operating within the specified areas of the Coral Sea. Specifically, any recreational vessels carrying fishing gear in use must not enter or remain within these areas. This requirement extends to all vessels engaged in recreational fishing activities, ensuring that such activities do not occur within the protected zones. Compliance with this prohibition is mandatory, and failure to adhere to these restrictions may result in legal consequences.
Breaching the provisions of this determination can lead to significant consequences. Under the Environment Protection and Biodiversity Conservation Act 1999, individuals or entities found in violation of the regulations may face penalties. For individuals, the maximum penalty can be up to $162,000 or imprisonment for up to two years, or both. For bodies corporate, the penalties are even more stringent, with a maximum penalty of up to $810,000 or imprisonment for up to five years, or both. These penalties underscore the importance of adhering to the regulations and the seriousness with which breaches are treated.