Determination Prohibiting use of Vessels Engaged in Cage Towing - South East Commonwealth Marine Reserves Network

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to provide comprehensive protection for Australia's environment, including marine ecosystems. This regulation, specifically the South-east Commonwealth Marine Reserves Network Determination Prohibiting Use of Vessels Engaged in Cage Towing, aims to address the problem of potential harm caused by cage towing activities to marine habitats and species within the designated reserves. The determination was made by Barbara Musso, an Assistant Secretary acting on behalf of the Director of National Parks under sub-regulation 12.56(2), in accordance with the South-east Commonwealth Marine Reserve Network Management Plan. The policy objective is to safeguard the ecological integrity of the marine reserves by prohibiting the use of vessels engaged in cage towing within the sanctuary and marine national park zones unless authorised by a permit or approval. This legislative measure reinforces the protection of marine biodiversity within the South-east Commonwealth Marine Reserves Network, ensuring that these areas are preserved for future generations and maintained in a state as close to natural as possible. The reserves listed in the Schedule, which include Apollo, Beagle, and others, are critical for the conservation of marine life and the maintenance of healthy ocean ecosystems. By prohibiting cage towing activities, the regulation seeks to mitigate potential threats to these sensitive environments and promote sustainable marine conservation practices.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, specifically sub-regulation 12.56(2) as applied to the South-east Commonwealth Marine Reserves Network, sets out the prohibition on the use of vessels engaged in cage towing within designated network management zones. These zones encompass all Sanctuary (IUCN Ia) and Marine National Park (IUCN II) areas within the listed reserves. The determination applies to any individual or entity operating vessels within these marine reserve zones and explicitly prohibits cage towing unless conducted under a permit or approval from the Director of National Parks. The geographic reach of this legislation is national, affecting all Commonwealth reserves listed in the Schedule, which includes a range of reserves from Apollo to Zeehan. The regulations do not specify exclusions, exemptions, or thresholds, but they do indicate that the application may be further defined through subordinate instruments such as permits or approvals. This ensures that activities within these sensitive marine environments are tightly controlled to protect biodiversity and ecological integrity.

Key Provisions

The primary operative sections of this determination, sub-regulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000, and Section 5.3.1 of the South-east Commonwealth Marine Reserve Network Management Plan, establish the prohibition of the use of vessels engaged in cage towing in sanctuary and marine national park management zones within the specified Commonwealth reserves unless authorised by a permit or approval from the Director. This prohibition applies to any vessel towing a cage suitable for caging fish within the network management zones listed in the Schedule. The obligations and requirements imposed by this determination mandate that any entity or individual wishing to engage in cage towing activities within the defined areas must obtain the necessary permits or approvals from the Director. This ensures that such activities are closely monitored and regulated to protect the marine environment and biodiversity. Additionally, the determination aligns with the overarching objectives of the Environment Protection and Biodiversity Conservation Act 1999, which aims to conserve Australia's biodiversity and manage activities that may impact it. Failure to comply with the provisions of this determination can lead to legal consequences. Any breach of the prohibition on cage towing without the required permit or approval may result in civil or criminal penalties as stipulated in the relevant legislation. For instance, under the Environment Protection and Biodiversity Conservation Act 1999, individuals or corporations found in violation of the Act may face fines and imprisonment. The maximum penalties can include substantial fines for corporations, up to millions of dollars, and imprisonment for individuals, up to several years, depending on the severity and circumstances of the offence. The exact penalties are determined by the courts and may vary based on the specific details of the case.