Determination Prohibiting Use of Vessels Cartier Island Marine Park and Part of the Ashmore Reef Marine Park

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

Legislation au F2018N00094 In force Notifiable Instrument

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Environment Protection and Biodiversity Conservation Regulations 2000

 

Subregulation 12.56(2)

DETERMINATION PROHIBITING USE OF VESSELS

CARTIER ISLAND MARINE PARK AND PART OF THE ASHMORE REEF MARINE PARK

I, JASON MUNDY, Acting Director of National Parks, under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000, HEREBY DETERMINE that each of the following areas:

  1. Cartier Island Marine Park, being the area specified in the Schedule 1 hereto; and
  2. the Sanctuary Zone of Ashmore Reef Marine Park, being the area specified in Schedule 2 and shown on the maps in Schedule 3 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:

  1. the determination made on 14 December 2013 prohibiting use of vessels in Cartier Island Marine Park, notified in the Gazette (C2013G01947) and published on 19 December 2013; and
  2. the determination made on 14 December 2013 prohibiting the use of vessels in Ashmore Reef Marine Park, notified in the Gazette (C2013G01945) and published on 19 December 2013.

Dated this 27 th day of June 2018

SIGNED

Jason Mundy


SCHEDULE 1

Cartier Island Marine Park

All the area of land and Australian coastal sea enclosed within the circumference of a circle of radius 4 nautical miles, the centre of which is on an island in the Indian Ocean known as Cartier Island at latitude 12°31'50.8" South and longitude 123°33' 18.8" East.

Note: 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

Ashmore Reef Marine Park Sanctuary Zone (IUCN 1a)

All that part of Ashmore Reef Marine Park being outside the area bounded by the line:

(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.

Note: 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 3 - MAP OF SANCTUARY ZONEASHMORE REEF MARINE PARK

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to provide for the protection of the environment, particularly matters of national environmental significance, under the Environment Protection and Biodiversity Conservation Act 1999. This regulation aims to fill the gap in comprehensive environmental protection by providing detailed guidelines and requirements for the protection of the environment, including the prohibition of certain activities that may harm the environment. The determination made under subregulation 12.56(2) of these Regulations by Jason Mundy, the Acting Director of National Parks, specifically targets the prohibition of vessel use in the Cartier Island Marine Park and the Sanctuary Zone of Ashmore Reef Marine Park, except for vessels of the Commonwealth of Australia and its agents. This was enacted to safeguard these areas from potential environmental harm caused by unauthorised vessel use. The policy objective of this regulation is to protect the unique ecosystems and biodiversity within these marine parks, ensuring their preservation for future generations.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, specifically Subregulation 12.56(2), provide for the prohibition of the use of vessels in certain marine park areas. This legislation applies to all individuals and entities intending to operate vessels within the specified areas of Cartier Island Marine Park and the Sanctuary Zone of Ashmore Reef Marine Park. These areas are defined in Schedules 1 and 2 of the determination, and encompass all land and coastal waters within the designated boundaries. The regulation applies nationally, falling under the Commonwealth’s jurisdiction. The only exception to this prohibition is for vessels belonging to the Commonwealth of Australia and its agents. This determination revokes previous prohibitions made on 14 December 2013, which were previously notified in the Gazette and published on 19 December 2013. This legislative instrument does not specify any thresholds or exemptions, nor does it extend its application through subordinate instruments.

Key Provisions

The determination under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000 establishes that the use of vessels is prohibited at all times within the Cartier Island Marine Park and the Sanctuary Zone of the Ashmore Reef Marine Park, except for vessels belonging to the Commonwealth of Australia and its agents. This regulation aims to protect these marine areas by limiting human activity to preserve the ecological integrity of these zones. Specifically, Section 1 of the determination prohibits vessel use in these areas, except as specified, and revokes previous determinations made in 2013 concerning the same marine parks. The Act imposes several obligations on parties and entities governed by it. Primarily, it mandates that any vessel, excluding those of the Commonwealth or its agents, must not be used within the specified marine park areas. This includes a strict prohibition on any form of vessel activity that might disturb the natural environment or marine life in these protected zones. The determination further requires adherence to the geographic coordinates provided in the schedules, ensuring precise demarcation of the prohibited areas. Breach of the provisions outlined in this determination can result in both civil and criminal consequences. The specific penalties are not detailed in the text, but generally, such breaches can lead to fines and potential imprisonment. Civil penalties typically involve substantial monetary fines, whereas criminal penalties can include imprisonment, reflecting the seriousness with which such environmental breaches are treated. The enforcement of these regulations is crucial to maintaining the ecological balance and protecting these marine environments from harmful human activities.

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