Proclamation—Mermaid 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 (Mermaid Reef Marine National Nature Reserve) Amendment Proclamation 2012 (No. 1)
Prepared by the Office of Parliamentary Counsel, Canberra
I, WILLIAM GEORGE HAYDEN, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and after consideration by the Executive Council of the annexed report by the Director of National Parks and Wildlife, under subsection 7(2) of the National Parks and Wildlife Conservation Act 1975:
(a) declare the area constituted by the area specified in the Schedule to be a reserve; and
(b) assign to the reserve the name “Mermaid Reef Commonwealth Marine Reserve”; and
(c) specify the depth of 1,000 metres below the surface of any land within the area so declared as the depth to which the subsoil beneath that land is to be taken to be within the reserve; and
(d) specify the depth of 1,000 metres below the sea‑bed beneath any sea within the area so declared as the depth to which the subsoil beneath that sea‑bed is to be taken to be within the reserve.
Schedule Mermaid 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 16 degrees 58 minutes south, longitude 119 degrees 32 minutes east;
(ii) then east along the parallel of latitude 16 degrees 58 minutes south to its intersection with the meridian of longitude 119 degrees 43 minutes east;
(iii) then south along the meridian of longitude 119 degrees 43 minutes east to its intersection with the parallel of latitude 17 degrees 13 minutes south;
(iv) then west along the parallel of latitude 17 degrees 13 minutes south to its intersection with the meridian of longitude 119 degrees 32 minutes east; and
(v) then north along the meridian of longitude 119 degrees 32 minutes east 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—Mermaid Reef Commonwealth Marine Reserve
Note 1
The Proclamation—Mermaid 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—Mermaid Reef Marine National Nature Reserve
(F2007B00727) (a) | 10 Apr 1991
(see Gazette 1991, No. GN13) | 10 Apr 1991 | |
Amendment Proclamation—Mermaid Reef Marine National Nature Reserve 2004
(F2007B00724) | 17 Nov 2004
(see Gazette 2004, No. GN46) | 17 Nov 2004 | — |
Environment Protection and Biodiversity Conservation (Mermaid Reef Marine National Nature Reserve) Amendment Procamlation 2012 (No. 1) | 16 Nov 2012 (see F2012L02183) | 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. F2007B00724 |
Overview
The Mermaid Reef Commonwealth Marine Reserve was established under the Environment Protection and Biodiversity Conservation Act 1999 to address the need for marine conservation and biodiversity protection. Initially proclaimed under the National Parks and Wildlife Conservation Act 1975, the reserve was transitioned to the current Act to align with more comprehensive environmental protection frameworks. The establishment of the reserve aims to safeguard the unique marine ecosystem, including its rich biodiversity and natural features, against threats such as overfishing, pollution, and climate change impacts. The proclamation, which includes amendments reflecting evolving conservation priorities, specifies the reserve's boundaries and depth, ensuring effective management and protection of the area's marine and subtidal environments. The policy objective remains to conserve the marine reserve's ecological integrity and support sustainable use of its natural resources.
Scope and Application
The Mermaid Reef Commonwealth Marine Reserve, established by the Proclamation under the Environment Protection and Biodiversity Conservation Act 1999, pertains to a specific marine area within the Indian Ocean, bounded by particular latitude and longitude coordinates. This reserve encompasses the subsoil up to a depth of 1,000 metres below the surface of the land and the seabed within the defined boundaries. The proclamation applies to the entire area specified in the Schedule, which includes the boundaries and the subsoil depth within the reserve. The Act ensures that this area is protected and managed under federal laws, although its specific application and enforcement may be influenced by subordinate instruments and amendments. The proclamation originally came into effect under the National Parks and Wildlife Conservation Act 1975 but continues to be governed by the Environment Protection and Biodiversity Conservation Act 1999 following the repeal of the former Act. This legislation applies to any person or entity engaging in activities within the reserve, including commercial, recreational, and research activities, unless exempted or authorised under the Act or any subordinate legislation.
Key Provisions
The Proclamation (F2007B00727) declares a specific area within the Indian Ocean to be the Mermaid Reef Commonwealth Marine Reserve. This area is defined by latitude and longitude coordinates, with the reserve extending 1,000 metres below the surface of the land and sea-bed within the specified boundaries (section 1(a)-(d)). The Proclamation was initially made under the National Parks and Wildlife Conservation Act 1975, and following the repeal of that Act, it has been continued in force under the Environment Protection and Biodiversity Conservation Act 1999 (section 344). The reserve has undergone amendments, with the most recent changes effective from 17 November 2012, as detailed in the Environment Protection and Biodiversity Conservation (Mermaid Reef Marine National Nature Reserve) Amendment Proclamation 2012 (No. 1).
The Proclamation imposes several obligations on the parties and entities it governs. Firstly, it designates the specified area as a reserve, which likely entails restrictions on activities within the reserve to protect its natural and cultural heritage. The Proclamation also assigns the name "Mermaid Reef Commonwealth Marine Reserve" to the area, which may be used for identification and administrative purposes (section 1(b)). Additionally, it specifies the depth to which the subsoil beneath the land and sea-bed within the reserve is considered to be part of the reserve, extending to 1,000 metres below the surface and sea-bed respectively (section 1(c)-(d)). These provisions aim to ensure comprehensive protection of the marine environment and its resources.
Breaches of the provisions set out in the Proclamation can lead to various civil and criminal consequences. The specific offences, penalties, and consequences are not detailed within the Proclamation itself but would generally be addressed under the overarching Environment Protection and Biodiversity Conservation Act 1999. Under this Act, unauthorised activities within a Commonwealth marine reserve can result in significant penalties, including fines of up to $66,000 for individuals and substantially higher amounts for corporations, as well as potential imprisonment. The exact penalties depend on the nature and severity of the breach, as well as any applicable state or territory laws. The Act also allows for the imposition of injunctions and other remedies to prevent or mitigate harm to the marine environment.