Determination Prohibiting use of Vessels - Ashmore Reef Commonwealth Marine Reserve

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au C2013G01945 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 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 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 prohibited at all times, except for:

 

  • vessels of the Commonwealth of Australia and its agents.

 

Dated this 14th day of December 2013

 

 

 

SIGNED

 

......................................

Charlton Clark

 

 


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 address the need for comprehensive protection of Australia's biodiversity and environmental heritage. This legislation provides a regulatory framework to support the implementation of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The regulations were introduced by the Commonwealth Parliament to ensure that environmental impacts of activities, including those with potential transboundary or global significance, are properly assessed and managed. The policy objective is to protect and manage Australia's biodiversity and environmental heritage by providing a regulatory mechanism that complements the EPBC Act, ensuring that activities that may harm the environment are subject to appropriate assessment and management measures. The determination in question, made by Charlton Clark, Assistant Secretary, Commonwealth Marine Reserves Branch, Parks Australia Division, Department of the Environment, under subregulation 12.56(2) of these regulations, specifically prohibits 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 regulation aims to protect the delicate ecosystem of Ashmore Reef by limiting human activity within the designated Sanctuary Zone.

Scope and Application

The determination made under the Environment Protection and Biodiversity Conservation Regulations 2000, specifically subregulation 12.56(2), pertains to the Ashmore Reef Commonwealth Marine Reserve's Sanctuary Zone, which is designated as IUCN Category 1a. This regulation restricts the use of vessels within the specified boundaries of the Sanctuary Zone, except for vessels belonging to the Commonwealth of Australia and its agents. The jurisdictional reach of this determination is governed by the Commonwealth of Australia, and the geographical boundaries of the restricted area are meticulously defined in Schedule 1, with reference to specific latitude and longitude coordinates, all measured according to the Geocentric Datum of Australia 1994 (GDA94). This regulation ensures that only authorised vessels can access this sensitive marine environment, thereby protecting the ecological integrity and biodiversity of Ashmore Reef.

Key Provisions

The main operative sections of this legislation determine that the Sanctuary Zone of the Ashmore Reef Commonwealth Marine Reserve is off-limits to all vessels except those belonging to the Commonwealth of Australia and its agents. This determination is outlined in subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000, and is made by Charlton Clark, the Assistant Secretary of the Commonwealth Marine Reserves Branch, acting under the delegated authority of the Director of National Parks. The specific area of the Sanctuary Zone that is prohibited to the public is precisely described in Schedule 1, which defines the boundaries through a series of geographic coordinates, and is further illustrated in Schedule 2 through maps. The purpose of this prohibition is to protect the sensitive marine environment of Ashmore Reef, which is designated as a IUCN 1a category reserve, indicating the highest level of protection. The obligations imposed by this legislation on any party or entity within the specified area of the Sanctuary Zone include strict adherence to the prohibition against the use of vessels. This means that no unauthorised vessels are allowed to enter or operate within the defined boundaries, except for those specifically authorised by the Commonwealth of Australia or its agents. Any person or entity found within the prohibited area without proper authorisation must ensure that they comply with the regulations, which may involve cooperating with authorised personnel or vessels to facilitate their departure from the area. The onus is on those entering the area to verify that they are not in breach of the regulations. The legislation also includes provisions for offences and penalties for any breach of the prohibition. Any person who contravenes the determination can be subject to civil and criminal penalties. Specifically, individuals can be liable for fines up to the maximum penalties provided by the Environment Protection and Biodiversity Conservation Act 1999, which can be substantial depending on the severity of the breach. Additionally, corporations can face even higher fines, reflecting the seriousness of disregarding environmental protection laws. Enforcement actions may also include court proceedings, which can result in further penalties or orders to ensure compliance with the regulations.

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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.