Determination Prohibiting Use of Vessels - Ashmore Reef Commonwealth Marine Reserve

Administered by Department of the Environment and Energy

Legislation au C2012G00371 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, 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 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.

 

 

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 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 comprehensive framework for the protection of the environment, particularly focusing on biodiversity conservation and the prevention of environmental harm. The regulations were introduced to address the need for stringent measures to protect significant natural areas and species from potential threats, such as overfishing, pollution, and habitat destruction. The enacting body for these regulations is the Australian Parliament, which sought to implement robust environmental safeguards through this legislation. The policy objective behind the regulations is to ensure the protection and conservation of Australia's biodiversity, ecosystems, and natural heritage for future generations. This determination, made under subregulation 12.56(2), specifically targets the Ashmore Reef Commonwealth Marine Reserve, prohibiting the use of vessels within the Sanctuary Zone, except for vessels of the Commonwealth of Australia and its agents, in an effort to preserve the ecological integrity of this sensitive marine environment.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, as amended, govern the environmental protection and biodiversity conservation within Australia. This regulation, specifically subregulation 12.56(2), applies to all vessels within the Sanctuary Zone of the Ashmore Reef Commonwealth Marine Reserve, prohibiting their use except for those belonging to the Commonwealth of Australia and its agents. The regulation delineates the specific geographical boundaries of the prohibited area, which is detailed in Schedule 1 and illustrated in Schedule 2. The application of this regulation is confined to the Commonwealth jurisdiction, enforcing stringent environmental protection measures within this marine reserve. The regulation does not explicitly outline exclusions or exemptions, but it is understood that the primary purpose is to safeguard the ecological integrity of the area by limiting human interference, thereby promoting biodiversity conservation. The scope of this regulation may be further defined or modified through subordinate instruments as necessary to achieve its conservation objectives.

Key Provisions

The main operative sections of the determination are sections 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000. These sections outline the prohibition on the use of vessels in the Sanctuary Zone of the Ashmore Reef Commonwealth Marine Reserve, except for vessels belonging to the Commonwealth of Australia and its agents. The specified area of the Sanctuary Zone is detailed in Schedule 1 and illustrated in Schedule 2. The determination aims to protect the sensitive marine environment and biodiversity of the Ashmore Reef. The obligations imposed by this determination are primarily on vessel operators and any other entities operating within the specified Sanctuary Zone. Vessels must not enter the designated area unless they belong to the Commonwealth of Australia or its agents. This restriction is intended to safeguard the marine ecosystem from potential disturbances caused by unauthorised vessels. Compliance with these provisions is mandatory to avoid legal repercussions and to support the conservation objectives of the reserve. The legislation provides for potential civil and criminal penalties for breaches of the determination. Under section 12.56(2), any person who contravenes the prohibition on vessel use may be subject to enforcement actions. The maximum penalties for such breaches can include fines and potential imprisonment, as outlined in the relevant sections of the Environment Protection and Biodiversity Conservation Act 1999. These penalties serve as deterrents against non-compliance and ensure the protection of the marine environment is upheld.

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