Environment Protection and Biodiversity Conservation Act 1999 - Proclamation - Cartier Island Commonwealth Marine Reserve (07/06/2000)

Overview

The Cartier Island Commonwealth Marine Reserve was proclaimed under the Environment Protection and Biodiversity Conservation Act 1999, which was enacted to address the need for comprehensive protection of Australia's biodiversity and natural heritage. This Act empowers the Australian government to establish marine reserves and manage them effectively. The Proclamation—Cartier Island Commonwealth Marine Reserve, issued under the authority of the Governor-General of the Commonwealth of Australia and the Federal Executive Council, designates a specific area in the Indian Ocean, centred on Cartier Island, as a marine reserve. The reserve encompasses all land and coastal sea within a four-nautical-mile radius of the island and extends to a depth of 1000 metres below the seabed. The primary objective of this proclamation is to conserve the unique marine and terrestrial ecosystems found in this region, ensuring their protection for future generations. The original proclamation was made under the National Parks and Wildlife Conservation Act 1975, but it was continued in force under the Environment Protection and Biodiversity Conservation Act 1999 following the repeal of the former Act. Subsequent amendments, such as the Environment Protection and Biodiversity Conservation (Cartier Island Marine Reserve) Amendment Proclamation 2012 (No. 1), have refined the boundaries and management provisions of the reserve. This legislative framework ensures that the reserve is effectively governed and managed to meet its conservation goals.

Scope and Application

The Cartier Island Commonwealth Marine Reserve Proclamation, made under the Environment Protection and Biodiversity Conservation Act 1999, declares a specified area encompassing land and coastal sea around Cartier Island in the Indian Ocean as a marine reserve. The reserve extends to include the subsoil to a depth of 1000 metres below the seabed within the declared area. The proclamation applies to this specific geographic location, which is defined by the coordinates provided and referenced to the Geocentric Datum of Australia 1994 (GDA94). The proclamation initially made under the National Parks and Wildlife Conservation Act 1975 is now continued in force under the Environment Protection and Biodiversity Conservation Act 1999. Any amendments to the proclamation, such as the Environment Protection and Biodiversity Conservation (Cartier Island Marine Reserve) Amendment Proclamation 2012 (No. 1), adjust the details of the reserve without altering its fundamental purpose or scope.

Key Provisions

The Cartier Island Commonwealth Marine Reserve is established under section 7(2) of the National Parks and Wildlife Conservation Act 1975, and this proclamation continues in force under section 344 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The area specified in the Schedule, which encompasses all the land and coastal sea within a 4 nautical mile radius from Cartier Island, is declared as a Reserve and named the Cartier Island Commonwealth Marine Reserve (section 1(a), (b)). Additionally, the subsoil extending to a depth of 1000 metres below the seabed within this area is also included in the Reserve (section 1(c)). The coordinates of Cartier Island are provided as latitude 12°31'50.8" South and longitude 123°33'18.8" East, referenced to the Geocentric Datum of Australia 1994 (GDA94). The Act imposes several obligations on the parties and entities governed by it. Firstly, it mandates that all activities within the Reserve must be managed in accordance with the EPBC Act to protect the environment and biodiversity of the area. This includes ensuring that any proposed activities are assessed for their potential environmental impact and approved where necessary (section 344 of the EPBC Act). Secondly, the Act requires the Minister for the Environment to develop and implement management plans for the Reserve, which will outline the conservation objectives and management strategies for the area (section 321 of the EPBC Act). Failure to comply with the requirements of the Act can result in significant penalties and legal consequences. Under the EPBC Act, individuals or entities that undertake activities within the Reserve without the necessary approval or in a manner that contravenes the management plans can face substantial fines. The maximum penalty for such offences can be up to AUD 1.1 million for individuals and AUD 5.5 million for corporations, depending on the severity of the breach (section 510 of the EPBC Act). Additionally, criminal charges can be laid for more serious offences, which can result in imprisonment for up to 5 years for individuals and 10 years for corporations (section 511 of the EPBC Act). These penalties are designed to ensure compliance with environmental protections and to deter activities that could harm the unique biodiversity and ecosystems of the Cartier Island Commonwealth Marine Reserve.