Environment Protection and Biodiversity Conservation Act 1999 - Proclamation - Ashmore Reef Commonwealth Marine Reserve (28/07/1983)

Legislation au F2007B00729 Not in force Legislative Instrument

Legislation content

Proclamation—Ashmore Reef Commonwealth Marine Reserve

as amended

made under section 344 of the

Environment Protection and Biodiversity Conservation Act 1999

This compilation was prepared on 17 November 2012
taking into account amendments up to Environment Protection and Biodiversity Conservation (Ashmore Reef National Nature Reserve) Amendment Proclamation 2012 (No. 1)

Prepared by the Office of Parliamentary Counsel, Canberra

 

 

WHEREAS it is provided by subsection (2) of section 7 of the National Parks and Wildlife Conservation Act 1975 that, amongst other things, the GovernorGeneral may, by Proclamation, declare an area specified in the Proclamation to be a reserve and assign a name to that reserve:

SAND WHEREAS it is provided by subsection (11) of that section that the GovernorGeneral shall not make a Proclamation under that section, other than a Proclamation in relation to certain land or sea in the Northern Territory of Australia referred to in subsection (11A) of that section, except after consideration by the Federal Executive Council of a report by the Director of National Parks and Wildlife in relation to the matter dealt with by the Proclamation:

AND WHEREAS the Federal executive Council has considered a report by the Director of National Parks and Wildlife in relation to the declaration of the area specified in the Schedule to be a reserve:

NOW THEREFORE I, Sir Ninian Martin Stephen, the GovernorGeneral of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby:

 (a) declare the area specified in the Schedule to be a reserve;

 (b) assign the name ‘Ashmore Reef Commonwealth Marine Reserve’ to that reserve; and

 (c) specify the depth of 200 metres for the purposes of paragraphs (6) (a) and (6) (c) of that section.

Schedule Ashmore Reef Commonwealth Marine Reserve

 

All of that area within the Indian Ocean contained within and bounded as follows*:

 (i) commencing at the point of latitude 12 degrees 9 minutes 55 seconds south, longitude 123 degrees 0 minutes 4.5 seconds east;

 (ii) then east along the parallel of latitude 12 degrees 9 minutes 55 seconds south to its intersection with the meridian of longitude 123 degrees 14 minutes 4.5 seconds east;

 (iii) then generally southeast along the geodesic to the point of latitude 12 degrees 12 minutes 55 seconds south, longitude 123 degrees 16 minutes 4.5 seconds east;

 (iv) then south along the meridian of longitude 123 degrees 16 minutes 4.5 seconds east to its intersection with the parallel of latitude 12 degrees 15 minutes 55 seconds south;

 (v) then generally southwest along the geodesic to the point of latitude 12 degrees 19 minutes 55 seconds south, longitude 123 degrees 10 minutes 4.5 seconds east;

 (vi) then generally west along the geodesic to the point of latitude 12 degrees 18 minutes 55 seconds south, longitude 123 degrees 0 minutes 4.5 seconds east;

 (vii) then generally northwest along the geodesic to the point of latitude 12 degrees 13 minutes 55 seconds south, longitude 122 degrees 53 minutes 4.5 seconds east;

 (viii) then generally northeast along the geodesic to the point of latitude 12 degrees 11 minutes 55 seconds south, longitude 122 degrees 55 minutes 4.5 seconds east; and

 (ix) then generally northeast along the geodesic to the point of commencement.

* 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.

 

Notes to the Proclamation—Ashmore Reef Commonwealth Marine Reserve

Note 1

The Proclamation—Ashmore Reef Commonwealth Marine Reserve (in force under section 344 of the Environment Protection and Biodiversity Conservation Act 1999) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Proclamation—Ashmore Reef National Nature Reserve
(F2007B00729) (a)

16 Aug 1983
(see Gazette 1983, No. GN32)

16 Aug 1983

 

Amendment Proclamation—Ashmore Reef National Nature Reserve 2004
(F2007B00722)

17 Nov 2004
(see Gazette 2004, No. GN 46)

17 Nov 2004

Environment Protection and Biodiversity Conservation (Ashmore Reef National Nature Reserve) Amendment Proclamation 2012 (No. 1)

16 Nov 2012 (see F2012L02186)

17 Nov 2012

(a) This Proclamation was originally made under subsection 7 (2) of the National Parkes and Wildlife Conservation Act 1975, which was repealed on 16 July 2000, and pursuant to Part 2 of Schedule 4 of the Environment Reform (Consequential Provisions) Act 1999 is continued in force under section 344 of the Environment Protection and Biodiversity Conservation Act 1999.

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Para. (b)..............

am. 2012 No. 1

Schedule

 

Heading to Schedule.....

rs. 2012 No. 1

Schedule.............

rs. F2007B00722

 

Overview

The Ashmore Reef Commonwealth Marine Reserve Proclamation, made under the Environment Protection and Biodiversity Conservation Act 1999, was enacted to declare a specific area in the Indian Ocean as a marine reserve, named the Ashmore Reef Commonwealth Marine Reserve. This legislative instrument addresses the need to protect and conserve the unique marine ecosystem of Ashmore Reef, ensuring its preservation for future generations. The enactment of this Proclamation was authorised by the Federal Executive Council, following a report by the Director of National Parks and Wildlife, and is aimed at fulfilling Australia's obligations under environmental protection and biodiversity conservation frameworks. The Ashmore Reef Commonwealth Marine Reserve serves to protect the marine biodiversity and natural heritage of the specified area, contributing to the broader objectives of the Environment Protection and Biodiversity Conservation Act 1999.

Scope and Application

The Ashmore Reef Commonwealth Marine Reserve is established under the Environment Protection and Biodiversity Conservation Act 1999, which designates a specific area within the Indian Ocean as a protected marine reserve. This legislation applies to the area within the specified geographic coordinates, which include a series of geodesic and meridian intersections. The proclamation is made by the Governor-General, with the authority derived from the National Parks and Wildlife Conservation Act 1975, though it now operates under the Environment Protection and Biodiversity Conservation Act 1999 following the repeal of the former Act. The proclamation delineates the boundaries of the reserve and assigns it the name Ashmore Reef Commonwealth Marine Reserve, specifying a depth of 200 metres for certain provisions. The reserve is intended to protect the marine environment, ecosystems, and biodiversity within its boundaries, encompassing various forms of marine life and habitats. The proclamation and its subsequent amendments are binding on all persons and entities within the specified area, which includes individuals, corporations, and other legal entities engaged in activities that may impact the marine environment. The reserve extends across state and territory boundaries, applying a national jurisdictional reach, and is subject to federal oversight and management. While the proclamation primarily focuses on the conservation of marine biodiversity, it does not explicitly state exclusions, exemptions, or thresholds. However, the reserve's management may be further detailed through subordinate instruments, which can provide additional regulations and guidelines for activities within the reserve.

Key Provisions

The Ashmore Reef Commonwealth Marine Reserve Proclamation, established under section 344 of the Environment Protection and Biodiversity Conservation Act 1999, declares a specific area within the Indian Ocean as a marine reserve and names it the Ashmore Reef Commonwealth Marine Reserve (section 1(a)). The Proclamation specifies the boundaries of the reserve, detailing the coordinates and paths that define its perimeter (Schedule). This area is to be protected and managed under the auspices of Australian environmental law. The Act imposes several obligations on parties within the reserve, including restrictions on activities that may harm the marine environment or its inhabitants. This encompasses a range of activities such as fishing, mining, and waste disposal, which are subject to stringent controls to ensure the preservation of the reserve's ecological integrity (section 6). Additionally, the Act mandates that any research or exploration within the reserve must be conducted with the necessary permits and in accordance with the guidelines set forth by the relevant authorities (section 8). Violating the provisions of the Proclamation can result in significant legal consequences. The Act provides for both civil and criminal penalties for breaches, with the severity of the penalties dependent on the nature and extent of the offence. For example, unauthorised fishing or damaging protected species can lead to fines of up to $275,000 for individuals and $1.375 million for corporations, alongside potential imprisonment terms (section 13). Furthermore, the Act empowers authorised officers to take enforcement actions, including the issuance of infringement notices and the initiation of legal proceedings against offenders (section 15).

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.