Determination Prohibiting Use of Vessels - Ashmore Reef Commonwealth Marine Reserve

Administered by Department of the Environment and Energy

Legislation au C2013G01086 In force Gazette

Legislation content

Environment Protection and Biodiversity Conservation Regulations 2000

Subregulation 12.56(2)

DETERMINATION PROHIBITING USE OF VESSELS

ASHMORE REEF COMMONWEALTH MARINE RESERVE

 

I, CHARLTON CLARK, Assistant Secretary, Commonwealth Marine Reserves Branch, Parks Australia 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 Zone of Ashmore Reef Commonwealth Marine Reserve being the area specified in Schedule 1 and shown on the maps in Schedule 2 hereto, is an area of water where the use of vessels is prohibited at all times, except for:

  • vessels of the Commonwealth of Australia and its agents.

 

AND I HEREBY REVOKE the Determination made on 17 November 2012 prohibiting the use of vessels in the Sanctuary Zone of Ashmore Reef Commonwealth Marine Reserve.

 

Dated:   15 July 2013

 

 

Charlton Clark

Charlton Clark

Assistant Secretary

Commonwealth Marine Reserves Branch

Department of Sustainability, Environment, Water, Population and Communities

Delegate of the Director of National Parks

 

 


SCHEDULE 1

 

Sanctuary Zone (IUCN 1a): Ashmore Reef Commonwealth Marine Reserve

 

All that part of Ashmore Reef Commonwealth Marine Reserve (1) being outside the area bounded by the line(2 ):

(a)        commencing at the point of Latitude 12° 09′ 55″ South, Longitude 123° 00′ 04.5″ East;

(b)        from there southerly along the geodesic to the point of Latitude 12° 12′ 51″ South, Longitude 122° 59′ 36″ East;

(c)        from there south-easterly along the geodesic to the point of Latitude 12° 13′ 06″ South, Longitude 123° 00′ 26″ East;

(d)        from there east along the parallel of Latitude 12° 13′ 06″ South, to its intersection by the meridian of Longitude 123° 00′ 44″ East;

(e)        from there south along that meridian to its intersection by the parallel of Latitude 12° 13′ 13″ South;

(f)          from there south-westerly along the geodesic to the point of Latitude 12° 13′ 23″ South, Longitude 123° 00′ 26″ East;

(g)        from there south along the meridian of Longitude 123° 00′ 26″ East, to its intersection by the parallel of Latitude 12° 13′ 44″ South;

(h)        from there east along that parallel to its intersection by the meridian of Longitude 123° 01′ 15″ East;

(i)          from there south-westerly along the geodesic to the point of Latitude 12° 14′ 33″ South, Longitude 123° 00′ 17″ East;

(j)          from there west along the parallel of Latitude 12° 14′ 33″ South, to its intersection by the meridian of Longitude 122° 59′ 05″ East;

(k)        from there westerly along the geodesic to the south-easternmost point on the coastline of West Island at mean high water;

(l)          from there generally north-westerly along that high water mark to the point closest to the point of Latitude 12° 14′ 29.2″ South, Longitude 122° 58′ 08.1″ East;

(m)      from there south-westerly along the geodesic to the point of Latitude 12° 14′ 33.7″ South, Longitude 122° 58′ 01.1″ East;

(n)        from there north-westerly along the geodesic to the point of Latitude 12° 14′ 32.3″ South, Longitude 122° 58′ 00.2″ East;

(o)        from there north-easterly along the geodesic to the point on the coastline of West Island at mean high water closest to the point of Latitude 12° 14′ 27.8″ South, Longitude 122° 58′ 07.1″ East;

(p)        from there generally north-westerly along that high water mark to the north easternmost point of the West  Island;

(q)        from there easterly along the geodesic to the point of Latitude 12° 14′ 16″ South, Longitude 122° 58′ 55″ East;

(r)         from there north-easterly along the geodesic to the point of Latitude 12° 14′ 12″ South, Longitude 122° 59′ 03″ East;

(s)        from there easterly along the geodesic to the point of Latitude 12° 14′ 11″ South, Longitude 122° 59′ 10″ East;

(t)          from there north-easterly along the geodesic to the point of Latitude 12° 13′ 37″ South, Longitude 123° 00′ 02″ East;

(u)        from there north along the meridian of Longitude 123° 00′ 02″ East, to its intersection by the parallel of Latitude 12° 13′ 23″ South;

(v)        from there westerly along the geodesic to the point of Latitude 12° 13′ 12″ South, Longitude 122° 59′ 02″ East;

(w)      from there north-westerly along the geodesic to the point of Latitude 12° 11′ 55″ South, Longitude 122° 55′ 04.5″ East;

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

Notes:

(1)          As described in the Commonwealth of Australia Gazette GN46 of 17 November 2004

(2)          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.

 

 


SCHEDULE 2 - MAPS OF AREA CLOSED TO THE PUBLIC

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to provide a framework for the protection of the environment and biodiversity in Australia, particularly in relation to Commonwealth marine reserves. The regulations address the problem of potential harm to marine ecosystems and biodiversity by prohibiting the use of vessels in certain areas unless authorised. The enacting body is the Australian Parliament, and the policy objective is to protect and conserve Australia's marine environment and biodiversity. This particular regulation, made under the authority of the Environment Protection and Biodiversity Conservation Act 1999, determines the area of the Sanctuary Zone of Ashmore Reef Commonwealth Marine Reserve where the use of vessels is prohibited at all times, except for vessels of the Commonwealth of Australia and its agents. This regulation revokes a previous determination made on 17 November 2012.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, under subregulation 12.56(2), establish the prohibition on the use of vessels in the Sanctuary Zone of the Ashmore Reef Commonwealth Marine Reserve, except for vessels of the Commonwealth of Australia and its agents. This determination applies to all persons and entities, barring those specifically authorised by the Commonwealth, and extends to any vessels operating within the designated Sanctuary Zone. The geographic scope of this regulation is limited to the waters surrounding Ashmore Reef within the Commonwealth Marine Reserve, with specific coordinates outlined in Schedule 1 of the Gazette. The regulation revokes a previous determination made on 17 November 2012, thus updating the legal framework governing vessel usage in this sensitive marine environment.

Key Provisions

The Environment Protection and Biodiversity Conservation Regulations 2000, specifically subregulation 12.56(2), establish the legal framework for prohibiting the use of vessels in the Sanctuary Zone of Ashmore Reef Commonwealth Marine Reserve, with exceptions for Commonwealth vessels and their agents. Charlton Clark, the Assistant Secretary of the Commonwealth Marine Reserves Branch, Parks Australia Division, Department of Sustainability, Environment, Water, Population and Communities, acting as a delegate of the Director of National Parks, has issued a determination under this regulation. This determination identifies the Sanctuary Zone, which is the area outside a specified boundary (detailed in Schedule 1 and shown on the maps in Schedule 2), as one where the use of vessels is prohibited at all times, except for vessels belonging to the Commonwealth of Australia and its agents. This determination revokes the previous determination made on 17 November 2012. The obligations imposed by this determination require that any person or entity wishing to operate a vessel within the Sanctuary Zone must ensure that their vessel is either a Commonwealth vessel or is operated by an agent of the Commonwealth. This means that private vessels, including recreational boats and commercial fishing vessels, are not permitted to enter this area unless they have explicit authorisation from the relevant Commonwealth authority. Additionally, operators of Commonwealth vessels or those acting on behalf of the Commonwealth must adhere to any specific guidelines or conditions that may be imposed by the Director of National Parks or the relevant authorities to ensure the protection of the marine environment. Breach of this determination could result in significant legal consequences. While the specific penalties are not detailed in the determination itself, under the Environment Protection and Biodiversity Conservation Act 1999, penalties for contravening regulations can include fines and imprisonment. For corporations, the maximum penalty can be substantial, potentially reaching millions of dollars, depending on the severity and impact of the breach. Individuals found in violation may face fines and imprisonment terms that vary based on the specific circumstances of the offence. These penalties underscore the importance of compliance with the regulations to protect the marine environment and biodiversity of Ashmore Reef.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.