Determination Prohibiting Use of Vessels - Cartier Island Commonwealth Marine Reserve

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to provide a comprehensive framework for the protection of Australia's biodiversity and environment. The legislation was introduced to address the gaps in existing environmental protection laws by providing a unified regulatory system that aims to safeguard the nation's environmental assets, including threatened species and ecological communities. The Regulations were enacted by the Parliament of Australia, with a policy objective to ensure the protection of the environment, particularly in relation to activities that may have a significant impact on matters of national environmental significance. This particular determination, made by Charlton Clark, Assistant Secretary of the Commonwealth Marine Reserves Branch, under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000, aims to protect the Cartier Island Commonwealth Marine Reserve by prohibiting the use of all vessels within its boundaries, except for those belonging to the Commonwealth of Australia and its agents. This measure seeks to safeguard the marine ecosystem and prevent potential disturbances to the reserve's unique biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, specifically subregulation 12.56(2), outlines a determination made by Charlton Clark, an Assistant Secretary of the Commonwealth Marine Reserves Branch within the Department of Sustainability, Environment, Water, Population and Communities, on behalf of the Director of National Parks. This determination pertains to the prohibition of vessel use in the Cartier Island Commonwealth Marine Reserve, which encompasses the area of land and Australian coastal sea within a 4 nautical mile radius of Cartier Island in the Indian Ocean. The only exceptions to this prohibition are vessels belonging to the Commonwealth of Australia or its agents. This regulation applies to all persons and entities that operate vessels within the specified area, effectively restricting activities that could potentially harm the marine environment and biodiversity of the reserve. The jurisdiction of this regulation extends nationally, reflecting its importance to the protection of Australia's marine resources under the Commonwealth's purview. The regulation does not specify any exclusions, exemptions, or thresholds beyond the stated exceptions for Commonwealth vessels and agents, and its scope can be further defined through subordinate instruments.

Key Provisions

The main operative sections of the determination (subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000) establish that the Cartier Island Commonwealth Marine Reserve is an area where the use of all vessels is prohibited at all times, except for vessels of the Commonwealth of Australia and its agents. This restriction is clearly outlined in the determination signed by Charlton Clark on 17 November 2012, acting as a delegate of the Director of National Parks. The area covered by this prohibition is defined in the Schedule, encompassing all land and Australian coastal sea within a circle of a 4-nautical-mile radius centred on Cartier Island, located at specified latitude and longitude coordinates using the Geocentric Datum of Australia 1994 (GDA94). The Act imposes specific obligations and requirements on any parties or entities operating within or near the Cartier Island Commonwealth Marine Reserve. Primarily, it mandates that all vessels, excluding those of the Commonwealth of Australia and its agents, are prohibited from entering or operating within the reserve's boundaries. This requirement extends to all times, ensuring that the reserve remains undisturbed except for authorised activities. Additionally, any person or entity intending to undertake activities that might involve the use of vessels in the area must ensure compliance with these restrictions, thereby supporting the conservation objectives of the reserve. Failure to comply with the provisions of this determination can result in significant legal consequences. The determination does not explicitly detail the offences, penalties, or consequences for breach; however, under the overarching Environment Protection and Biodiversity Conservation Act 1999, breaches of such regulations can lead to substantial fines and potential criminal charges. The penalties can vary based on the severity of the breach, but they are designed to enforce compliance and protect the marine environment of the reserve. Engaging in prohibited activities within the reserve could result in both civil and criminal repercussions, highlighting the importance of adherence to the regulations outlined.