Environment Protection and Biodiversity Conservation Regulations 2000
Subregulation 12.56(2)
DETERMINATION RELATING TO ANCHORING OF VESSELS
MERMAID REEF COMMONWEALTH MARINE RESERVE
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 regulation 12.56 of the Environment Protection and Biodiversity Conservation Regulations 2000, HEREBY DETERMINE that a vessel may be anchored in the area of Mermaid Reef Commonwealth Marine Reserve only in the anchoring area described as follows-
All of that area bounded by the line:
- commencing at the point of latitude 17° 04′ 16.32″ S, longitude 119° 38′ 09.18″ E;
- from there easterly along the geodesic to the point of latitude 17° 04′ 15.18″ S, longitude 119° 38′ 24.00″ E;
- from there south-easterly along the geodesic to the point of latitude 17° 04′ 39.12″ S, longitude 119° 38′ 43.62″ E;
- from there westerly along the geodesic to the point of latitude 17° 04′ 34.32″ S, longitude 119° 38′ 15.90″ E; and
- from there north-westerly along the geodesic to the point of commencement,
and being the area more or less shown in the map in the Schedule to this determination.
(Note: All 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).
Dated this 14th day of December 2013
SIGNED
.....................................
Charlton Clark
SCHEDULE
MERMAID REEF COMMONWEALTH MARINE RESERVE
Map of Anchoring Area
Overview
The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to address the problem of environmental degradation and biodiversity loss caused by human activities, including maritime operations such as anchoring. This regulation was introduced by the Commonwealth Parliament to provide comprehensive protection to Australia's marine environment, particularly in designated Commonwealth marine reserves. The policy objective of these regulations is to conserve Australia's marine biodiversity and protect significant marine habitats, ensuring that human activities do not adversely impact these areas. Charlton Clark, as a delegate of the power of the Director of National Parks, has exercised these regulatory powers to determine specific anchoring areas within the Mermaid Reef Commonwealth Marine Reserve, thereby ensuring that maritime activities are managed in a way that minimises environmental harm.
Scope and Application
The determination under the Environment Protection and Biodiversity Conservation Regulations 2000, specifically subregulation 12.56(2), applies to vessels operating within the Mermaid Reef Commonwealth Marine Reserve. This regulation is designed to manage and regulate the anchoring of vessels in a manner that protects the marine environment and biodiversity of the reserve. The regulation applies to any vessel that seeks to anchor within the specified boundaries of the Mermaid Reef Commonwealth Marine Reserve, which is located within the Australian Commonwealth's jurisdictional waters. The regulation provides specific coordinates and a boundary description to demarcate the authorised anchoring area, ensuring that only vessels anchoring within these boundaries are compliant with the law. This regulation does not explicitly mention any exclusions, exemptions, or thresholds, and the scope of its application is confined to the geographic limits defined in the determination. The regulation also implies that any modifications or extensions to the anchoring area or other operational details may be made through subordinate instruments issued by the relevant authorities.
Key Provisions
The determination outlined in the Environment Protection and Biodiversity Conservation Regulations 2000, specifically subregulation 12.56(2), pertains to the regulation of vessel anchoring within the Mermaid Reef Commonwealth Marine Reserve. According to this regulation, vessels are permitted to anchor only within a designated area. This area is defined by a series of geographical coordinates and geodesic lines, which form a boundary that is more or less depicted in the accompanying map in the Schedule to the determination (section 12.56(2)). This boundary helps to ensure that anchoring activities are confined to areas that are least likely to cause harm to the marine environment.
The obligation imposed by this determination is that any vessel seeking to anchor in the Mermaid Reef Commonwealth Marine Reserve must do so only within the specified area. This requirement is intended to protect the sensitive marine ecosystems within the reserve and to prevent potential damage from anchoring outside the designated area. It is important for any person or entity operating a vessel in this area to be aware of and comply with the geographic boundaries established by this regulation.
Failure to comply with this regulation can lead to various consequences. The specific offences, penalties, or consequences for breach are not detailed within the text of this determination, but generally, non-compliance with regulations under the Environment Protection and Biodiversity Conservation Act 1999 could result in civil or criminal penalties. These may include fines, imprisonment, or both, depending on the severity and intent of the breach. The maximum penalties are determined by the courts and can vary significantly based on the circumstances of each case. It is crucial for those subject to these regulations to adhere strictly to the guidelines to avoid potential legal repercussions.