Determination Prohibiting use of Vessels - Part of the Lord Howe Commonwealth Marine Reserve – Area of the Habitat Protection Zone of the Former Elizabeth and Middleton Reefs Marine National Nature Reserve

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to provide comprehensive protection for the nation’s biodiversity and environment. This legislation was introduced to address the gap in environmental protection and to provide a regulatory framework for the conservation of Australia's biodiversity and environment. The Regulations were enacted by the Parliament of Australia and aim to protect and conserve Australia's environmental heritage. This particular determination, made by Charlton Clark, Assistant Secretary, under subregulation 12.56(2) of the Regulations, specifies that the use of vessels is prohibited in a designated area of the Lord Howe Commonwealth Marine Reserve, formerly part of the Elizabeth and Middleton Reefs Marine National Nature Reserve, except for those vessels involved in approved activities or those that are transiting while remaining at least two nautical miles from the edge of Elizabeth Reef. This measure is designed to safeguard the marine ecosystem and prevent potential harm from vessel activities in this sensitive area.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, specifically under subregulation 12.56(2), establish strict controls over the use of vessels within the designated Habitat Protection Zone of the former Elizabeth and Middleton Reefs Marine National Nature Reserve, which is now part of the Lord Howe Commonwealth Marine Reserve. This determination applies to all vessels and prohibits their use in the specified area unless they are part of an activity for which an approval or permit has been granted by the Director of National Parks, or if they are transiting through the area while remaining at least two nautical miles from the edge of Elizabeth Reef. The scope of this regulation is confined to the geographic coordinates detailed in the Schedule, which delineates the boundaries of the protected zone using the Geocentric Datum of Australia 1994 (GDA94). The application of these regulations is thus jurisdictional and geographically specific, applying to the maritime waters in the South Pacific Ocean as defined. The regulation does not apply to vessels that have obtained the necessary approvals or permits or to those that comply with the specified transit conditions.

Key Provisions

The main operative sections of this determination (subregulation 12.56(2)) establish a prohibition on the use of vessels within a specific area of the Lord Howe Commonwealth Marine Reserve. The area of interest is defined as the Habitat Protection Zone of the former Elizabeth and Middleton Reefs Marine National Nature Reserve. The prohibition on vessel use is detailed within the Schedule, which outlines the geographic boundaries of the area. According to the Schedule, the area of water in the South Pacific Ocean, south of the parallel of latitude 29° 53′ 00″ S, is subject to this prohibition. However, there are exceptions to this prohibition. Vessels can be used in this area if they are being used in connection with an activity that has been approved through a permit issued by the Director of National Parks. Additionally, vessels that are transiting through the area but remain at least 2 nautical miles from the edge of Elizabeth Reef are also allowed. The obligations and requirements imposed by this determination are primarily on vessels and their operators. Vessels are prohibited from entering the specified area unless they fall under one of the exceptions mentioned above. Operators of vessels must ensure that their activities comply with the terms of any permit issued by the Director of National Parks. Moreover, transiting vessels must maintain a distance of at least 2 nautical miles from the edge of Elizabeth Reef to remain compliant with the regulation. Breaches of this determination can result in various consequences. The specific offences, penalties, or civil/criminal consequences are not detailed within the provided text of the determination. However, generally speaking, violations of regulations under the Environment Protection and Biodiversity Conservation Act 1999 and its associated regulations can result in significant penalties. For example, penalties for breaches of the Environment Protection and Biodiversity Conservation Act can include substantial fines and, in some cases, imprisonment. The exact penalties depend on the nature and severity of the breach, as well as any relevant state or territory laws.