Determination Prohibiting use of Vessels - Part of the Solitary Islands Commonwealth Marine Reserve – Area of the Sanctuary Zone of the Former Solitary Islands Marine Reserve (Commonwealth Waters)

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance, and to facilitate the conservation of biodiversity. This regulation was introduced to address the need for stringent controls over the use of vessels in sensitive marine areas to protect the ecological integrity and biodiversity of the marine environment. The regulations were enacted by the Parliament of Australia and aim to ensure that activities within Commonwealth waters do not adversely affect the environment. This specific determination under subregulation 12.56(2) seeks to prohibit the use of vessels in a designated area of the Solitary Islands Commonwealth Marine Reserve, except for those involved in approved activities or in transit, thereby safeguarding the marine ecosystem from potential harm.

Scope and Application

The determination made under subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000 applies to the specific area of the Sanctuary Zone of the former Solitary Islands Marine Reserve, which was declared by Proclamation on 17 February 1993 and subsequently revoked by Proclamation effective from 17 November 2012. This area, located in Commonwealth waters in the South Pacific Ocean, is subject to strict regulations concerning the use of vessels. The determination prohibits the use of all vessels within this designated area, except for vessels that are engaged in activities for which an approval or permit has been granted by the Director of National Parks, or for vessels that are simply transiting through the area without engaging in any other activity. The definition of transiting specifies that it must involve continuous passage through the area via the shortest direct route, without any additional activities being carried out, and all fishing equipment must be stowed and secured, meaning it should not be in contact with the water and all fishing lines must be unrigged. This regulation applies within the geographical coordinates specified, which are based on the Geocentric Datum of Australia 1994 (GDA94).

Key Provisions

The primary operative sections of the determination, as outlined in subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000, specify that the area in question, previously designated as the Sanctuary Zone of the former Solitary Islands Marine Reserve, is now an area where all vessels are prohibited from operating, except for those vessels that have been issued an approval or permit by the Director of National Parks for a specific activity. Additionally, vessels that are simply transiting through the area are allowed, provided they adhere to the stipulations regarding the continuous passage through the area, adherence to the shortest direct route, and the prohibition of any other activities. Fishing equipment on transiting vessels must be stowed and secured, meaning it should not be in contact with the water, must be onboard the vessel, and all fishing lines must be unrigged, with all tackle, including hooks and lures, removed from the lines. The obligations imposed by this determination are quite clear and stringent. Any vessel operating within the specified area must either have a valid approval or permit issued by the Director of National Parks for a particular activity, or be a vessel simply transiting through the area under the specified conditions. For transiting vessels, there is a strict requirement to ensure that fishing equipment is stowed and secured, meaning it should not be in contact with the water, must be onboard, and all fishing lines must be unrigged. These conditions are designed to protect the marine environment and ensure that activities within the sanctuary zone do not disturb the delicate ecosystem. Breach of the provisions outlined in this determination can result in serious consequences. While the specific offences, penalties, or civil and criminal consequences are not detailed in the provided text, it is generally understood that unauthorised use of vessels within a marine reserve can lead to enforcement actions under the Environment Protection and Biodiversity Conservation Act 1999 (Cth). Such actions can include fines, imprisonment, or both, depending on the severity and intent of the breach. The exact penalties would be determined based on the specific circumstances and the discretion of the court, but they can be significant given the importance of protecting marine biodiversity.