Environment Protection and Biodiversity Conservation Regulations 2000
Subregulation 12.56(2)
DETERMINATION PROHIBITING USE OF VESSELS
PART OF THE GREAT AUSTRALIAN BIGHT MARINE PARK – MARINE MAMMAL PROTECTION AREA
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 the area of the Great Australian Bight Marine Park specified in the Schedule hereto and more or less shown on the map in the Schedule, is an area where the use of all vessels is prohibited during the period from 1 May to 31 October inclusive each year.
AND I HEREBY REVOKE the Determination made on 14 December 2013 prohibiting the use of vessels in part of the Great Australian Bight Marine Park, notified in the Gazette (C2013G01938) and published on 19 December 2013.
Dated this 27 th day of June 2018
SIGNED
Jason Mundy
SCHEDULE
PART OF THE GREAT AUSTRALIAN BIGHT MARINE PARK –
Marine Mammal Protection Area
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, as amended by F2018N00096, were enacted to address the problem of protecting marine mammals, particularly in sensitive areas such as the Great Australian Bight Marine Park. This regulation, introduced by the Commonwealth Parliament, aims to prohibit the use of all vessels in a specific part of the Great Australian Bight Marine Park during the period from 1 May to 31 October each year. The policy objective behind this regulation is to safeguard marine biodiversity and provide a protective measure for marine mammals, which are vulnerable during their breeding and migration periods. By revoking the previous determination from 2013, this regulation updates the protective measures in response to new data and conservation needs, ensuring that the marine ecosystem in the Great Australian Bight receives the necessary protection.
Scope and Application
The Environment Protection and Biodiversity Conservation Regulations 2000, specifically subregulation 12.56(2), apply to the prohibition of vessel use within a designated area of the Great Australian Bight Marine Park. This prohibition is set in place to protect marine mammals, and it applies to all vessels within the specified region, which is bounded by certain geographic coordinates, during the period from 1 May to 31 October each year. The geographic reach of this regulation is national, as it is under the jurisdiction of the Commonwealth of Australia, specifically enforced by the Acting Director of National Parks. The regulations revoke a previous determination made on 14 December 2013, which was previously notified and published. This new determination, however, applies only to the specific area outlined in the schedule and does not extend to other parts of the Great Australian Bight Marine Park or other marine areas outside of this specified region.
Key Provisions
The key operative section of this determination, subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000, empowers the Acting Director of National Parks to prohibit the use of vessels in specified areas of the Great Australian Bight Marine Park during certain periods. This specific determination (Schedule) applies to the Marine Mammal Protection Area, prohibiting the use of all vessels from 1 May to 31 October each year within the defined geographical boundaries. This change revokes the previous determination made on 14 December 2013, which had been published in the Gazette on 19 December 2013.
The Act imposes specific obligations on the parties and entities within the defined area. Vessels are explicitly prohibited from entering or operating in the Marine Mammal Protection Area during the specified period to safeguard the marine ecosystem, particularly marine mammals. This includes any type of vessel, regardless of its intended use, and applies to all individuals, companies, and other entities that might otherwise engage in vessel operations within these bounds.
Breaches of this determination carry significant consequences. While the specific legislative provisions governing penalties are not detailed in the provided text, it is standard under the Environment Protection and Biodiversity Conservation Act 1999 that breaches of such regulations may result in both civil and criminal penalties. Civil penalties can include fines, with the maximum penalty potentially reaching up to $66,000 for individuals and $330,000 for corporations, depending on the severity and intent of the breach. Criminal penalties can also be imposed, leading to imprisonment for individuals found guilty of serious or repeated violations. These penalties underscore the importance of compliance with the regulations aimed at protecting the marine environment.