Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to provide a comprehensive framework for the protection of the environment and biodiversity, particularly in relation to activities that may have a significant impact on matters of national environmental significance. The Regulations were introduced to address the need for coordinated and effective management of environmental impacts, particularly in marine environments, and were established under the authority of the Parliament of Australia. One of the policy objectives of these Regulations is to ensure the protection of marine ecosystems and species, including marine mammals, through the establishment and management of marine reserves. This specific determination, made under subregulation 12.56(2) of the Regulations, aims to prohibit the use of vessels in a designated Marine Mammal Protection Zone within the Great Australian Bight Commonwealth Marine Reserve to safeguard the habitat and breeding grounds of marine mammals during critical periods.

Scope and Application

The determination under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000 applies to all vessels operating within the specified Marine Mammal Protection Zone of the former Great Australian Bight Marine Park, which is now part of the Great Australian Bight Commonwealth Marine Reserve. This area is geographically bounded by a line that starts at the intersection of the parallel of latitude 31° 47′ 00″ S by the scheduled areas boundary between Western Australia and South Australia, extends north along that boundary to the westernmost point on the outer limit of the coastal waters of South Australia, moves easterly along that outer limit to its intersection by the parallel of latitude 31° 47′ 00″ S, and finally heads west along that parallel to the point of commencement. The regulation prohibits the use of all vessels within this area from 1 May to 31 October each year, inclusive. This prohibition aims to protect marine mammals during their critical periods in the region, and applies to any person or entity operating a vessel within the designated boundaries of the Commonwealth marine reserve during the specified time frame. The geographic reach of this regulation encompasses Commonwealth waters, ensuring that the marine environment and its inhabitants are safeguarded under national jurisdiction.

Key Provisions

The determination under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000 (the Regulations) specifies the prohibition of the use of all vessels within a defined area of the Great Australian Bight Commonwealth Marine Reserve. This area, previously part of the Marine Mammal Protection Zone of the former Great Australian Bight Marine Park, is subject to a prohibition on vessel use from 1 May to 31 October each year. This is intended to protect marine mammals during their critical periods, such as breeding and migration. The area in question is bounded by a specific geographic line, starting at the intersection of the parallel of latitude 31° 47′ 00″ S by the scheduled areas boundary between Western Australia and South Australia, moving north along this boundary to the westernmost point on the outer limit of South Australia's coastal waters, then generally easterly to the intersection with the same parallel, and finally westward back to the starting point. Entities and individuals governed by this determination must adhere to the vessel use prohibition within the specified area and timeframe. This means that no vessels are allowed to operate in this region from 1 May to 31 October each year. The determination is intended to safeguard marine mammals and their habitats by minimising human disturbance. Compliance with this regulation is critical, as it involves protecting sensitive marine ecosystems and ensuring the welfare of marine life. Failure to comply with the provisions of this determination may result in civil or criminal penalties. Under the Environment Protection and Biodiversity Conservation Act 1999 (the Act), breaches of the Regulations can lead to substantial fines and, in severe cases, imprisonment. The specific penalties for non-compliance are not detailed in the determination itself but are outlined in the broader regulatory framework provided by the Act. The maximum fines for contravening the Act can be significant, reflecting the importance of the protected areas and the need for strict enforcement. Legal action may be taken against those who violate these provisions, resulting in both financial penalties and potential criminal charges.