Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to address the protection of Australia's biodiversity and to provide a regulatory framework for managing environmental impacts from actions taken under the Commonwealth's jurisdiction. This regulation was introduced by the Parliament of Australia to ensure the sustainable management and conservation of the country's environmental heritage. The policy objective of these regulations is to prevent significant damage to the environment by controlling actions that may have a detrimental impact on the environment, including the establishment of marine reserves and the regulation of activities within these areas. The specific determination regarding the anchoring of vessels in the Mermaid Reef Commonwealth Marine Reserve was made to provide clear guidelines and restrictions on anchoring activities to protect the sensitive marine ecosystem within this reserve.

Scope and Application

The determination made under regulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000 specifies the precise area within the Mermaid Reef Commonwealth Marine Reserve where vessels are permitted to anchor. This regulation applies to any vessel operating within the specified geographic coordinates of the Mermaid Reef Commonwealth Marine Reserve. The boundaries of the allowable anchoring area are clearly defined by a series of geodesic lines, with specific latitude and longitude points noted, and this area is depicted in a map included in the Schedule to this determination. All coordinates are referenced to the Geocentric Datum of Australia 1994 (GDA94). This determination supersedes the previous anchoring determination for the Mermaid Reef Marine National Nature Reserve, which was revoked by this current regulation. The application of this regulation is confined to the Commonwealth jurisdiction and is intended to protect the marine environment and biodiversity within the specified reserve area.

Key Provisions

The primary operative section of this determination, as detailed in regulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000, establishes the specific area within the Mermaid Reef Commonwealth Marine Reserve where vessels are permitted to anchor. This area is bounded by a series of geographic coordinates provided in the determination, forming a specific polygonal shape. The regulation not only defines the allowable anchoring area but also revokes a previous determination made on 24 April 2009, which had outlined different anchoring regulations for the same area. This change is effective as of the date of the new determination, 17 November 2012. The Act imposes clear obligations on vessels wishing to anchor within the Mermaid Reef Commonwealth Marine Reserve. Vessels must anchor only within the designated area specified by the coordinates in the determination. This requirement aims to protect the marine environment and biodiversity of the reserve while still allowing for reasonable maritime activities within a controlled area. The coordinates provided ensure precision in locating the permissible anchoring area, thereby reducing the risk of unintentional damage to the marine ecosystem outside the designated boundaries. Breaching the provisions of this determination can lead to legal consequences. Under the Environment Protection and Biodiversity Conservation Act 1999, individuals or entities that fail to comply with the anchoring regulations may be subject to penalties. The specific penalties for non-compliance are not detailed in the determination but are likely to include fines and potential legal action as stipulated by the broader legislative framework. The exact penalties can vary based on the severity of the breach and other relevant factors, but they are designed to enforce adherence to the environmental protection objectives of the reserve.