Determination Prohibiting use of Vessels - Cartier Island Commonwealth Marine Reserve

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted by the Parliament of Australia to address the need for comprehensive protection of Australia's biodiversity and environment. These regulations provide a regulatory framework that complements the Environment Protection and Biodiversity Conservation Act 1999, aiming to protect matters of national environmental significance. The policy objective is to ensure the conservation of biodiversity and the sustainable use of natural resources, including the protection of marine environments and the regulation of activities that may harm them. On 14th December 2013, Charlton Clark, an Assistant Secretary acting on behalf of the Director of National Parks, issued a determination under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000. This determination prohibits the use of all vessels within the Cartier Island Commonwealth Marine Reserve, except for vessels of the Commonwealth of Australia and its agents. The reserve encompasses all the area of land and Australian coastal sea within a four-nautical-mile radius from Cartier Island in the Indian Ocean, ensuring the protection of this marine environment and its ecological significance.

Scope and Application

The determination made under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000 applies specifically to the Cartier Island Commonwealth Marine Reserve. This area encompasses all the land and coastal sea within a 4-nautical-mile radius of Cartier Island, situated in the Indian Ocean at specified latitude and longitude coordinates, with reference to the Geocentric Datum of Australia 1994 (GDA94). The regulation prohibits the use of any vessels within this marine reserve at all times, with the exception of vessels belonging to the Commonwealth of Australia and its agents. This jurisdictional reach is under the authority of the Commonwealth, and the application of this prohibition is strictly enforced within the defined boundaries of the reserve, illustrating a clear geographic and operational scope. The regulation does not explicitly state exclusions or exemptions beyond the allowance for Commonwealth vessels and their agents, and any further clarification or extension of the application is likely to be addressed through subordinate instruments or additional regulations.

Key Provisions

The main operative sections of the Determination (C2013G01947) under the Environment Protection and Biodiversity Conservation Regulations 2000 are those that establish the prohibition on the use of vessels in the Cartier Island Commonwealth Marine Reserve, except for vessels of the Commonwealth of Australia and its agents (subregulation 12.56(2)). This regulation clearly states that any use of vessels in the specified marine reserve is prohibited unless explicitly permitted for Commonwealth vessels and their agents. The area of prohibition is precisely defined in the Schedule, detailing the geographical scope of the reserve using specific coordinates referred to the Geocentric Datum of Australia 1994 (GDA94). The obligations and requirements imposed by this Act on any parties or entities within the specified marine reserve are stringent. All vessels, excluding those belonging to the Commonwealth and its agents, are strictly prohibited from entering or operating in the area. This means that any individual or organisation must refrain from any activities involving vessels within the reserve unless authorised by the Commonwealth. The regulation aims to protect the marine environment and biodiversity of Cartier Island, ensuring that the area remains undisturbed and preserved for ecological and conservation purposes. In terms of offences, penalties, or civil/criminal consequences for breach, the Determination itself does not explicitly outline penalties within its text. However, under the broader framework of the Environment Protection and Biodiversity Conservation Act 1999, unauthorised use of vessels in a designated marine reserve could potentially lead to significant civil and criminal penalties. These may include substantial fines and, in severe cases, imprisonment, depending on the nature and extent of the violation. The specific penalties would be determined in accordance with the broader legislative provisions and any applicable regulations or guidelines that address breaches of environmental protection laws.