Environment Protection and Biodiversity Conservation Act 1999 - Proclamation - Heard Island and McDonald Islands Conservation Zone (03/10/2002)

Legislation au F2007B00734 Not in force Legislative Instrument

Legislation content

 

 

 

 

 

PROCLAMATION

 

Environment Protection and Biodiversity Conservation Act 1999

 

 

 

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under subsection 390D(1) of the Environment Protection and Biodiversity Conservation Act 1999 declare the area specified in the Schedule to be a conservation zone.

 

 

 

 

Signed and sealed with the

Great Seal of Australia

 

on  -3 OCT 2002

 

 

 

 

PETER HOLINGWORTH

Governor-General

 

By His Excellency’s Command

 

 

 

 

David Alistair Kemp

Minister for the Environment and Heritage

 


Schedule

 

Conservation Zone Area

 

All of those waters of the exclusive economic zone in the Southern Ocean, and the seabed under those waters to a depth of 1,000 metres, contained within and bounded as follows*:      

 

 (a) the area bounded by the line:

 

(i) commencing at the point of latitude 51 degrees 50 minutes south, longitude 70 degrees 54 minutes east;

(ii) then along the geodesic in a generally north westerly direction to the point of intersection between the meridian of longitude 70 degrees 40 minutes east and the treaty line defined by Article 2 of the Maritime Delimitation Treaty agreed between the Government of Australia and the Government of the French Republic in January 1982 (the Treaty boundary);

(iii) then along the Treaty boundary in a generally north easterly direction to its intersection with the meridian of longitude 71 degrees 10 minutes east;

(iv) then along the geodesic in a generally south easterly direction to the point of latitude 51 degrees 38 minutes south, longitude 71 degrees 24 minutes east; and

(v) then along the geodesic in a generally south westerly direction to the point of commencement.

 

 

(b) the area bounded by the line:

 

(i) commencing at the point of latitude 52 degrees 57 minutes south, longitude 72 degrees 08 minutes east;

(ii) then along the geodesic in a generally north westerly direction to the point of latitude 52 degrees 25 minutes 30 seconds south, longitude 71 degrees 32 minutes 30 seconds east;

(iii) then along the geodesic in a generally north easterly direction to the point of latitude 52 degrees 12 minutes 30 seconds south, longitude 72 degrees 02 minutes 30 seconds east;

(iv) then along the geodesic in a generally south easterly direction to the point of latitude 52 degrees 43 minutes 30 seconds south, longitude 72 degrees 38 minutes east; and

(v) then along the geodesic in a generally south westerly direction to the point of commencement.

 

 

(c) the area bounded by the line:

 

(i) commencing at the point of latitude 50 degrees 57 minutes south, longitude 74 degrees 53 minutes east;

(ii) then along the geodesic in a generally north westerly direction to the point of intersection between the meridian of longitude 74 degrees 25 minutes east and the Treaty boundary;

(iii) then along the Treaty boundary in a generally north easterly direction to its intersection with the meridian of longitude 75 degrees east;

(iv) then along the geodesic in a generally south easterly direction to the point of latitude 50 degrees 57 minutes south, longitude 75 degrees 45 minutes east; and

(v) then west along the parallel of latitude 50 degrees 57 minute to the point of commencement.

 

 

(d) the area bounded by the line:

 

(i) commencing at the point of latitude 51 degrees 44 minutes south, longitude 75 degrees 27 minutes east;

(ii) then east along the parallel of latitude 51 degrees 44 minute south to its intersection with the meridian of longitude 77 degrees 13 minutes east;

(iii) then along the geodesic in a generally south easterly direction to the point of latitude 51 degrees 55 minutes south, longitude 77 degrees 29 minutes east;


(iv) then west along the parallel of latitude 51 degrees 55 minute south to its intersection with the meridian of longitude 75 degrees 35 minutes east; and

(v) then along the geodesic in a generally north westerly direction to the point of commencement.

 

 

* All geographic coordinates are expressed in terms of the World Geodetic System 1984 ("WGS84").

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework to protect and manage the environment, particularly in relation to matters of national environmental significance. The EPBC Act was introduced to provide a unified approach to environmental protection and biodiversity conservation across Australia, aiming to ensure the sustainable use and conservation of the nation's natural resources. The Act empowers the Australian Government to take necessary measures to protect and conserve areas of significant environmental value, including the establishment of conservation zones. The policy objective of the EPBC Act is to achieve ecologically sustainable development through the protection of the environment, heritage, and biodiversity, while also facilitating economic development in a manner that is compatible with environmental protection. This legislation is enacted by the Parliament of Australia, reflecting the nation's commitment to environmental stewardship and sustainable practices.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a wide range of activities and entities within Australia's jurisdiction, with a particular focus on actions that may impact the environment, biodiversity, and matters of national environmental significance. This legislation encompasses individuals, corporations, and public authorities, as well as their proposed actions that need approval under the Act. The geographic reach of the Act is extensive, extending to the Commonwealth, states, territories, and even international waters, where Australian jurisdiction applies, such as the exclusive economic zone in the Southern Ocean as specified in the proclamation. The Act can be extended or restricted through subordinate instruments, which may further define the scope and application of its provisions. There are no explicit exclusions or exemptions mentioned in this particular proclamation, which instead focuses on declaring a conservation zone within Australia's maritime boundaries, underlining the Act's role in protecting significant environmental areas.

Key Provisions

The key operative sections of this legislative instrument are found in the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), where the Governor-General, acting under section 390D(1), has declared a specified area in the Southern Ocean, including the waters of the exclusive economic zone and the seabed to a depth of 1,000 metres, as a conservation zone (sections 1 and 3). This proclamation under section 390D(1) allows for the establishment of conservation zones to protect and conserve the natural and cultural values of the area, and to manage activities within the zone to ensure minimal impact on the environment. The Act imposes obligations on parties and entities within the conservation zone to adhere to environmental protection and biodiversity conservation principles. This includes a requirement for any activities that may have a significant impact on the environment to be assessed under the EPBC Act (section 390D(2)). The Act also mandates that activities in the conservation zone must not harm the ecological character of the area and must be managed in a way that protects the environment from significant impacts (section 390D(3)). Failure to comply with the provisions of the EPBC Act can result in civil or criminal penalties. Civil penalties for breaches can include fines up to the maximum penalty specified in the Act, which for corporations is up to $5.25 million or three times the benefit obtained from the breach, whichever is greater (section 519). Criminal penalties may apply for serious or repeated breaches, with the maximum penalty for individuals being imprisonment for up to five years or a fine up to $315,000, or both (section 521). The severity of the penalty depends on the nature and extent of the breach and the circumstances surrounding it.

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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.