PROCLAMATION
Environment Protection and Biodiversity Conservation Act 1999
I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and under subsection 350(1) of the Environment Protection and Biodiversity Conservation Act 1999, amend the Proclamation made under subsection 7(2) of the National Parks and Wildlife Conservation Act 1975 and published in the Gazette No. GN3 of 20 May 1987 establishing Ningaloo Marine Park (Commonwealth Waters), as amended by the Proclamation made under subsection 7(8) of the National Parks and Wildlife Conservation Act 1975 and published in the Gazette No GN31 of 5 August 1992, by omitting the schedule to that Proclamation and substituting the schedule to this Proclamation.
Signed and sealed with the
Great Seal of Australia
on 14 AUG 2003
P.M. JEFFERY
Governor-General
By His Excellency’s Command
David Kemp
David Kemp
Minister for the Environment and Heritage
SCHEDULE
Ningaloo Marine Park (Commonwealth Waters)
All the area within the Indian Ocean, excluding any coastal waters* in relation to the State of Western Australia, contained within and bounded as follows**:
(i) commencing at the point of latitude 21 degrees 39 minutes 55.36 seconds south, longitude 114 degrees 00 minutes 4.72 seconds east;
(ii) then generally southwest along the geodesic to the point of latitude 21 degrees 46 minutes 55.37 seconds south, longitude 113 degrees 50 minutes 4.73 seconds east;
(iii) then generally southwest along the geodesic to the point of latitude 22 degrees 39 minutes 55.39 seconds south, longitude 113 degrees 29 minutes 4.76 seconds east;
(iv) then generally southeast along the geodesic to the point of latitude 22 degrees 56 minutes 55.39 seconds south, longitude 113 degrees 37 minutes 4.75 seconds east;
(v) then generally southwest along the geodesic to the point of latitude 23 degrees 05 minutes 55.4 seconds south, longitude 113 degrees 34 minutes 4.76 seconds east;
(vi) then south along the meridian of longitude 113 degrees 34 minutes 4.76 seconds east to its intersection with the parallel of latitude 23 degrees 33 minutes 55.42 seconds south;
(vii) then east along the parallel of latitude 23 degrees 33 minutes 55.42 seconds south to its intersection with the seaward limit of the coastal waters of Western Australia;
(viii) then generally north along the seaward limits of the coastal waters to its intersection with the geodesic line between the points of latitude 21 degrees 46 minutes 55.36 seconds south, longitude 114 degrees 19 minutes 4.69 seconds east and latitude 21 degrees 39 minutes 55.36 seconds south, longitude 114 degrees 13 minutes 4.7 seconds east;
(ix) then generally northwest along the geodesic to the point of latitude 21 degrees 39 minutes 55.36 seconds south, longitude 114 degrees 13 minutes 4.7 seconds east; and
(x) then west along the parallel of latitude 21 degrees 39 minutes 55.36 seconds to the point of commencement.
* The coastal waters are defined in relation to each State and the Northern Territory by the Coastal Waters (State Powers) Act 1980 and Coastal Waters (Northern Territory Powers) Act 1980.
** 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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Parliament of Australia, was designed to address the need for comprehensive protection of the environment and biodiversity, particularly in relation to actions that may have a significant impact on matters of national environmental significance. This legislation consolidates various environmental protections and biodiversity conservation measures under a single Act, providing a unified framework for managing environmental risks and impacts. The policy objective of the Act is to protect and manage the environment, particularly by preventing significant harm to the environment from actions that may affect matters of national environmental significance. The 2003 legislative instrument amends the Ningaloo Marine Park (Commonwealth Waters) Proclamation to redefine the boundaries of the marine park, thereby reinforcing the protection of this ecologically significant area.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to any actions, activities, and projects that have, will have, or are likely to have a significant impact on matters of national environmental significance. This includes entities, individuals, and industries operating within the Commonwealth jurisdiction of Australia. The geographic scope of the Act extends to any area within Australian territory, including the marine area beyond the coastal waters of states and territories, as illustrated by the Ningaloo Marine Park (Commonwealth Waters) Proclamation. This legislative instrument specifically amends the boundaries of the Ningaloo Marine Park by omitting the previous schedule and substituting it with new coordinates. The Act also provides for the establishment of protected areas and the regulation of activities that may impact upon these areas, while exclusions and exemptions are defined in subordinate legislation and regulations. The Act’s broad application is further extended or restricted through various legislative instruments and guidelines, ensuring comprehensive environmental protection across the nation.
Key Provisions
The main operative sections of this legislative instrument (F2007B00728) are found in the Environment Protection and Biodiversity Conservation Act 1999, which provides the legal framework for the proclamation and management of marine parks, including the Ningaloo Marine Park. Section 7(2) and 7(8) of the National Parks and Wildlife Conservation Act 1975 allow for the establishment and amendment of marine parks, while the Environment Protection and Biodiversity Conservation Act 1999 (subsection 350(1)) empowers the Governor-General to amend the proclamation of such parks. This proclamation specifically modifies the boundaries and area of the Ningaloo Marine Park by replacing the schedule from the 1987 and 1992 proclamations with a new one.
The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, it mandates the protection and conservation of the marine environment within the Ningaloo Marine Park, ensuring the preservation of its biodiversity and ecosystems. The Act also requires the establishment of management plans and measures to regulate activities within the park, such as fishing, tourism, and scientific research, to minimise adverse impacts on the marine environment. Furthermore, the Act necessitates the enforcement of compliance with regulations and the imposition of penalties for breaches, thereby ensuring adherence to environmental standards and the protection of marine life.
The Environment Protection and Biodiversity Conservation Act 1999 also outlines offences, penalties, and consequences for breaches of its provisions. Individuals or entities found in violation of the Act may face criminal charges, leading to potential imprisonment or fines. For example, unauthorised activities within the marine park, such as illegal fishing or damaging marine habitats, can result in substantial penalties. The maximum penalties vary depending on the severity of the offence, with fines potentially reaching up to $1.1 million for corporations and $220,000 for individuals. Additionally, civil actions may be pursued to recover damages caused to the environment, further enforcing the Act's commitment to environmental protection.