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. 8 of 3 March 1993 establishing the Solitary Islands Marine Reserve (Commonwealth Waters) by omitting the schedule to that Proclamation and substituting the schedule to this Proclamation.
Signed and sealed with the
Great Seal of Australia
on 4 NOV 2004
PM Jeffery
Governor-General
By His Excellency’s Command
Ian Campbell
Minister for the Environment and Heritage
SCHEDULE
Solitary Islands Marine Reserve (Commonwealth Waters)
The waters within the South Pacific Ocean, excluding any coastal waters* in relation to the State of New South Wales, contained within and bounded as follows**:
(i) commencing at the intersection of the parallel of latitude 29 degrees 40 minutes 18.28 seconds south with the coastline of the State of New South Wales at mean low water;
(ii) then east along the parallel of latitude 29 degrees 40 minutes 18.28 seconds south to its intersection with the line corresponding with the 50 metre isobath below mean high water on the coast of the State of New South Wales;
(iii) then generally south along that isobath to its intersection with the parallel of latitude 30 degrees 18 minutes 19.27 seconds south;
(iv) then west along the parallel of latitude 30 degrees 18 minutes 19.27 seconds south to its intersection with the coastline of the State of New South Wales at mean low water; and
(v) then generally north along that low water mark 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 was enacted by the Commonwealth Parliament to address the need for a comprehensive framework for the protection of the environment, particularly in relation to matters of national environmental significance. This legislation was introduced to fill a gap in the existing environmental protection regime by providing a more integrated and coordinated approach to the management of biodiversity and environmental heritage. The policy objective of the Act is to promote the sustainable use, conservation, and protection of the environment, particularly through the preservation of threatened species, ecological communities, and heritage places. The Act also aims to provide for the protection of the environment from the impacts of proposed actions that are likely to have a significant effect on matters of national environmental significance. This legislative instrument amends the Proclamation made under the National Parks and Wildlife Conservation Act 1975 to redefine the boundaries of the Solitary Islands Marine Reserve (Commonwealth Waters), thereby ensuring the ongoing protection of this important marine ecosystem.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 governs the protection of the environment and biodiversity within Australia and its territories, impacting various entities and individuals who conduct activities that may affect these areas. This Act applies to any person or entity, including Commonwealth, state, and territory governments, as well as private businesses and individuals, engaging in activities that might impact matters of national environmental significance, such as World Heritage properties, national parks, and wetlands of international importance, as well as migratory species and their habitats. The Act’s jurisdictional reach extends to Commonwealth waters, including the newly defined Solitary Islands Marine Reserve, which is specified to exclude coastal waters in relation to the State of New South Wales. The geographic boundaries of the reserve are precisely defined by coordinates and isobaths, ensuring clarity and specificity in its application. The Act also allows for the creation of regulations and other legislative instruments to further define and manage the environmental protections, thereby extending and sometimes restricting the application of the primary legislation.
Key Provisions
The main operative sections of the legislative instrument are concerned with the amendment of the Solitary Islands Marine Reserve (Commonwealth Waters) established under the National Parks and Wildlife Conservation Act 1975. Section 1 of the Proclamation amends the previous schedule by omitting it and substituting a new schedule that redefines the boundaries of the reserve (s. 1). The boundaries are now specified with detailed geographic coordinates, using the Geocentric Datum of Australia 1994 (GDA94) (s. 1(v)).
The obligations and requirements imposed by this Act focus on the precise demarcation of the reserve's boundaries. It ensures that the waters within the South Pacific Ocean, excluding any coastal waters in relation to the State of New South Wales, are clearly defined. This includes the intersection points with the coastline at mean low water and specific isobaths below mean high water, ensuring that there is no ambiguity regarding the geographical extent of the protected area. These coordinates and definitions are essential for the enforcement of regulations within the reserve and for the administration of the marine environment under the Environment Protection and Biodiversity Conservation Act 1999.
The legislative instrument does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches within its text. However, given that the Solitary Islands Marine Reserve is governed under the broader framework of the Environment Protection and Biodiversity Conservation Act 1999, any breaches of regulations within the reserve would likely be subject to the penalties prescribed under that Act. This could include substantial fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, but the Act is designed to ensure the protection of the marine environment and biodiversity within the reserve.