EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Proclamation to establish a conservation zone in the Coral Sea
(Issued by Authority of the Minister for the Environment, Heritage and the Arts)
Subsection 390D(1) of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) provides that the Governor-General may, by Proclamation, declare a Commonwealth area outside a Commonwealth reserve to be a conservation zone. A Commonwealth area includes the waters of the exclusive economic zone and the seabed under those waters.
Subsection 390D(2) of the EPBC Act requires that before a conservation zone Proclamation is made, the Minister must be satisfied that the area should be assessed to determine whether the biodiversity, other natural features and heritage in the area should be protected by including the area in a Commonwealth reserve.
The purpose of the Proclamation is to establish a conservation zone in the area of the Coral Sea within Australia’s exclusive economic zone to protect biodiversity, other natural features and heritage in this Commonwealth area while it is being assessed for inclusion in a Commonwealth reserve. The area contains outstanding conservation and cultural values that warrant consideration for protection.
The environmental significance of the Coral Sea derives from the globally unique assemblage of scattered coral reefs, seamounts, atolls, abyssal plains, deep sea canyons and islands and the extent to which the region’s natural and heritage values have remained relatively undisturbed by direct human impact. The conservation values of the area also include the high level of species diversity and endemism, regionally and globally significant breeding, spawning and nesting grounds for many commercially important and protected species, and its pivotal role in the oceanography and ecology of eastern Australian waters. Further detail of the conservation and cultural values of the Coral Sea is described in the East Bioregional Profile which is due to be publicly released in early 2009.
In July 2008 the Minister for the Environment, Heritage and the Arts wrote to the Prime Minister signalling his intention to declare a conservation zone in the Coral Sea. The Minister then wrote to other relevant Ministers in October 2008 about the proposed conservation zone, and in December 2008 an inter-departmental meeting was held to canvass the views and concerns of relevant Australian Government departments and agencies. The majority of other Ministers and their Departments were supportive of the proposal, and provided contact details for relevant stakeholders, who were advised of the conservation zone prior to its announcement.
The proclaimed conservation zone covers the entire area of the Coral Sea under Australia’s jurisdiction, and the seabed under those waters to a depth of 1,000 metres (Commonwealth area), as described in the Schedule attached to the Proclamation.
This Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Proclamation commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Parliament of Australia to provide for the protection of the environment, particularly biodiversity, and to manage the impacts of activities and developments on the environment. The Act serves as a critical mechanism for the protection of Australia’s natural heritage and ecological processes, aiming to integrate environmental considerations into decision-making processes. The Act was introduced to address the gap in comprehensive environmental protection and management, ensuring that biodiversity and other natural features are preserved for future generations. The Minister for the Environment, Heritage and the Arts issued a Proclamation under the Act to establish a conservation zone in the Coral Sea, which was intended to safeguard the area’s outstanding biodiversity, natural features, and heritage values during the assessment phase for potential inclusion in a Commonwealth reserve. This initiative recognises the significant environmental and cultural values of the Coral Sea, including its unique marine ecosystems and the relatively undisturbed state of its natural resources.
Scope and Application
The Proclamation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) establishes a conservation zone in the Coral Sea, which is within Australia's exclusive economic zone. The Act applies to the area of the Coral Sea and the seabed under those waters, extending to a depth of 1,000 metres, to protect its biodiversity, natural features, and heritage. This legislative instrument is enacted to safeguard the outstanding conservation and cultural values of the Coral Sea, which include its unique assemblage of coral reefs, seamounts, and islands, and its relatively undisturbed status by direct human impact. The Proclamation requires the Minister for the Environment, Heritage and the Arts to be satisfied that the area should be assessed for potential inclusion in a Commonwealth reserve before the conservation zone can be established. The Proclamation came into effect on the day after it was registered on the Federal Register of Legislative Instruments.
Key Provisions
The Proclamation to establish a conservation zone in the Coral Sea under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) primarily involves the declaration of a specific area within Australia’s exclusive economic zone as a conservation zone (subsection 390D(1)). This area, which encompasses the Coral Sea and extends to a depth of 1,000 metres under the seabed, is being assessed for potential inclusion in a Commonwealth reserve. The establishment of this conservation zone aims to protect the area’s biodiversity, natural features, and heritage while it undergoes this assessment. The Proclamation was issued by the Minister for the Environment, Heritage and the Arts, following a series of consultations with other Ministers and relevant departments in 2008.
The obligations imposed by this Proclamation are primarily administrative and precautionary in nature. The Minister for the Environment, Heritage and the Arts must ensure that the Coral Sea area is assessed for its suitability for inclusion in a Commonwealth reserve (subsection 390D(2)). This assessment process includes gathering and evaluating environmental data, engaging with stakeholders, and considering the area’s unique conservation and cultural values. The Proclamation also mandates that the area’s environmental significance, including its biodiversity, unique marine ecosystems, and historical importance, be safeguarded during this evaluation period.
Breaches of the requirements set out in this Proclamation could potentially lead to civil or criminal consequences under the EPBC Act. While the specific penalties are not detailed in the Explanatory Statement, violations of the Act can result in substantial fines for individuals and corporations, and imprisonment for natural persons. The exact penalties depend on the nature and severity of the breach, with maximum fines for corporations reaching up to several million Australian dollars and imprisonment terms for individuals potentially extending up to several years. The EPBC Act provides the framework for enforcing these penalties, ensuring that the conservation objectives of the Proclamation are upheld.