Environment Protection and Biodiversity Conservation Regulations 2000
Subregulation 12.56(2)
DETERMINATION PROHIBITING USE OF VESSELS
PART OF THE GREAT AUSTRALIAN BIGHT COMMONWEALTH MARINE RESERVE – MARINE MAMMAL PROTECTION ZONE OF THE FORMER GREAT AUSTRALIAN BIGHT MARINE PARK (COMMONWEALTH WATERS)
I, CHARLTON CLARK, Assistant Secretary, Commonwealth Marine Reserves Branch, Parks Australia Division, Department of the Environment, delegate of the power of the Director of National Parks under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000, HEREBY DETERMINE that the area of the Marine Mammal Protection Zone of the former Great Australian Bight Marine Park (Commonwealth Waters) declared by Proclamation on 17 April 1998 and revoked by Proclamation that took effect on 17 November 2012, being the area specified in the Schedule hereto, is an area where the use of all vessels is prohibited during the period from 1 May to 31 October inclusive each year.
Dated this 14th day of December 2013
SIGNED
………………………………….
Charlton Clark
SCHEDULE
PART OF THE GREAT AUSTRALIAN BIGHT COMMONWEALTH MARINE RESERVE –
Area of the Marine Mammal Protection Zone of the former Great Australian Bight Marine Park (Commonwealth Waters)
All of that area in the Southern Ocean bounded by the line(1):
(i) commencing at the intersection of the parallel of latitude 31° 47′ 00″ S by the scheduled areas(2) boundary between Western Australia and South Australia;
(ii) from there north along that boundary to the westernmost point on the outer limit of the coastal waters of the State(3) of South Australia;
(iii) from there generally easterly along that outer limit to its intersection by the parallel of latitude 31° 47′ 00″ S; and
(iv) from there west along that parallel to the point of commencement.
Notes:
- 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.
- The scheduled area has the same meaning as in section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
- The coastal waters of the State has the same meaning as in subsection 3 (1) of the Coastal Waters (State Powers) Act 1980.
Overview
The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted by the Australian Government to address the need for comprehensive protection of the nation’s environment, particularly in relation to threatened species, ecological communities, and heritage places. This legislation was developed in response to identified gaps in environmental protection and to provide a framework for the conservation of biodiversity. The regulations were enacted by the Parliament of Australia and aim to prevent significant impact on matters of national environmental significance by imposing strict controls and prohibitions where necessary. The specific determination prohibiting the use of vessels in the Marine Mammal Protection Zone of the former Great Australian Bight Marine Park is a direct application of these regulations to safeguard marine mammals during their critical periods, demonstrating the policy objective of preserving marine biodiversity and ensuring the sustainable use of marine resources.
Scope and Application
The Environment Protection and Biodiversity Conservation Regulations 2000, as detailed in subregulation 12.56(2), apply to the specified area of the Marine Mammal Protection Zone within the Great Australian Bight Commonwealth Marine Reserve. This regulation prohibits the use of all vessels within the designated marine zone during the period from 1 May to 31 October each year. The regulation applies to any person or entity operating within the specified geographic boundaries, which include areas in the Southern Ocean defined by specific latitude and longitude coordinates. This prohibition is intended to protect marine mammals during their critical periods, particularly focusing on the seasonal breeding and calving grounds. The regulation is applicable across Commonwealth waters and is enforced by Charlton Clark, acting as a delegate of the Director of National Parks. Any exemptions or extensions of this prohibition are subject to further determinations or subordinate instruments, which may be issued under the authority of the relevant legislation.
Key Provisions
The determination made under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000 (the Regulations) specifies that the use of any vessels is prohibited in the Marine Mammal Protection Zone of the former Great Australian Bight Marine Park within Commonwealth waters. This area is defined by geographic coordinates and boundaries, specifically from 1 May to 31 October each year. The boundaries of the prohibited area extend from the intersection of the parallel of latitude 31°47′00″S by the scheduled areas boundary between Western Australia and South Australia, north along that boundary to the westernmost point on the outer limit of the coastal waters of South Australia, east along that limit to the intersection with the same parallel, and then west along that parallel back to the starting point.
The Act imposes obligations on all parties and entities operating within the designated area to strictly adhere to the prohibition on vessel use during the specified period. This means that no vessels, regardless of type or purpose, are allowed to navigate within the boundaries of the Marine Mammal Protection Zone. Compliance with this regulation is critical to ensuring the protection of marine mammals and their habitats, which is the primary objective of this conservation measure.
Failure to comply with the prohibition on vessel use can result in significant legal consequences. The determination does not explicitly state penalties, but breaches of the Environment Protection and Biodiversity Conservation Act 1999 (the Act), from which the Regulations derive their authority, can lead to both civil and criminal penalties. Under the Act, individuals found guilty of contravening a prohibition can face fines of up to $66,000 for individuals and $330,000 for bodies corporate, along with potential imprisonment for up to two years. These penalties underscore the seriousness of the regulation and the importance of adhering to the provisions designed to protect marine biodiversity.