Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the problem of protecting Australia's biodiversity and managing the environmental impacts of activities and developments. This Act was established by the Commonwealth Parliament to provide a legislative framework that ensures the protection of the environment, heritage, and biodiversity of Australia and its territories. The policy objective of this Act is to promote the sustainable use of natural resources and to prevent or mitigate environmental harm caused by human activities. The Act aims to achieve this by providing a coordinated approach to environmental protection and biodiversity conservation, including the establishment of protected areas and the regulation of activities that may impact the environment. This legislative instrument, F2007B00718, is a proclamation under the Environment Protection and Biodiversity Conservation Act 1999, which amends the previous proclamation establishing the Great Australian Bight Marine Park (Commonwealth Waters) under the National Parks and Wildlife Conservation Act 1975. The proclamation updates the boundaries of the marine park to better reflect the current understanding of the area's ecological significance and to provide more effective protection for the marine environment. The proclamation was made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and it came into effect on 4 November 2004. The updated boundaries of the marine park are defined in the schedule to the proclamation, which replaces the previous schedule published in the Gazette No. S 172 of 22 April 1998.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a wide range of persons, entities, industries, and activities that may impact on matters of national environmental significance within Australia. This includes activities that may affect World Heritage properties, national heritage places, wetlands of international significance, listed threatened species and ecological communities, and the marine environment in Commonwealth waters. The Act’s jurisdictional reach extends across the Commonwealth of Australia, including external territories, and it applies to both domestic and foreign entities, as well as Australian citizens and residents. The Act provides for the establishment of marine parks, such as the Great Australian Bight Marine Park, through legislative instruments like the Proclamation amending the National Parks and Wildlife Conservation Act 1975. The Act also allows for the creation of subordinate instruments that can extend or restrict its application, including regulations that define the boundaries and management of marine parks and specify permitted activities within them. Certain activities may be exempt or excluded from the requirements of the Act under specific conditions set out in the legislation or regulations.

Key Provisions

The primary sections of the legislative instrument establish the Great Australian Bight Marine Park (Commonwealth Waters) by omitting the previous schedule under the National Parks and Wildlife Conservation Act 1975 and replacing it with the new schedule specified in the Proclamation (subsection 7(2) of the National Parks and Wildlife Conservation Act 1975). The new schedule delineates the boundaries of the Marine Park, which encompass a specific area within the Southern Ocean, bounded by geographic coordinates expressed in terms of the Geocentric Datum of Australia 1994 (GDA94). This includes the intersection of the parallel of latitude 31 degrees 47 minutes south, the adjacent area boundary between Western Australia and South Australia, the outer limit of the coastal waters of South Australia, and the meridian of longitude 130 degrees 51 minutes 58 seconds east, among others. The Act imposes several obligations on parties and entities operating within the Great Australian Bight Marine Park. These obligations include adherence to the newly defined boundaries of the Marine Park and compliance with any regulations and policies established under the Environment Protection and Biodiversity Conservation Act 1999. The legislation requires entities to obtain any necessary permits or approvals for activities that may impact the marine environment, such as fishing, oil and gas exploration, or other commercial activities. Furthermore, it mandates that all activities within the Park must be conducted in a manner that minimises environmental harm and respects the conservation values of the area. Failure to comply with the provisions of the Act may result in civil or criminal penalties. Under the Environment Protection and Biodiversity Conservation Act 1999, individuals or entities found in breach of the Act could face significant fines. For instance, the maximum penalty for contravening the Act can amount to up to $1.1 million for corporations and $220,000 for individuals, as outlined in section 516 of the Act. Additionally, repeated or egregious breaches may result in more severe criminal penalties, including imprisonment. The specific penalties are determined by the nature and severity of the offence, as well as any aggravating factors present in the case.