Proclamation—Ningaloo 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 (Ningaloo Marine Park—Commonwealth Waters) Amendment Proclamation 2012 (No. 1)
Prepared by the Office of Parliamentary Counsel, Canberra
I, SIR NINIAN MARTIN STEPHEN, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and after consideration by the Federal Executive Council of a report by the Director of National Parks and Wildlife in accordance with sub‑section 7(11) of the National Parks and Wildlife Conservation Act 1975, pursuant to sub‑section 7(2) of that Act and for the purposes of paragraph 7(6)(a) and 7(6)(c) of that Act, hereby:
(a) declare the area constituted by the areas specified in the Schedule to be a reserve;
(b) assign the name “Ningaloo Commonwealth Marine Reserve” to that reserve;
(c) specify the depth of 1000 metres below the surface of any land within the area so declared to be a reserve as the depth to which the subsoil beneath that land shall be taken within that reserve; and
(d) specify the depth of 1000 metres below the sea‑bed beneath any sea within the area so declared to be a reserve as the depth to which the subsoil beneath that sea‑bed shall be taken to be within that reserve.
Schedule Ningaloo Commonwealth Marine Reserve
All the area within the Indian Ocean, excluding any coastal waters* in relation to the State of Western Australia, contained within and bounded as follows**:
(i) commencing at the point of latitude 21 degrees 39 minutes 55.36 seconds south, longitude 114 degrees 00 minutes 4.72 seconds east;
(ii) then generally southwest along the geodesic to the point of latitude 21 degrees 46 minutes 55.37 seconds south, longitude 113 degrees 50 minutes 4.73 seconds east;
(iii) then generally southwest along the geodesic to the point of latitude 22 degrees 39 minutes 55.39 seconds south, longitude 113 degrees 29 minutes 4.76 seconds east;
(iv) then generally southeast along the geodesic to the point of latitude 22 degrees 56 minutes 55.39 seconds south, longitude 113 degrees 37 minutes 4.75 seconds east;
(v) then generally southwest along the geodesic to the point of latitude 23 degrees 05 minutes 55.4 seconds south, longitude 113 degrees 34 minutes 4.76 seconds east;
(vi) then south along the meridian of longitude 113 degrees 34 minutes 4.76 seconds east to its intersection with the parallel of latitude 23 degrees 33 minutes 55.42 seconds south;
(vii) then east along the parallel of latitude 23 degrees 33 minutes 55.42 seconds south to its intersection with the seaward limit of the coastal waters of Western Australia;
(viii) then generally north along the seaward limits of the coastal waters to its intersection with the geodesic line between the points of latitude 21 degrees 46 minutes 55.36 seconds south, longitude 114 degrees 19 minutes 4.69 seconds east and latitude 21 degrees 39 minutes 55.36 seconds south, longitude 114 degrees 13 minutes 4.7 seconds east;
(ix) then generally northwest along the geodesic to the point of latitude 21 degrees 39 minutes 55.36 seconds south, longitude 114 degrees 13 minutes 4.7 seconds east; and
(x) then west along the parallel of latitude 21 degrees 39 minutes 55.36 seconds to the point of commencement.
* The coastal waters are defined in relation to each State and the Northern Territory by the Coastal Waters (State Powers) Act 1980 and Coastal Waters (Northern Territory Powers) Act 1980.
** 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—Ningaloo Commonwealth Marine Reserve
Note 1
The Proclamation—Ningaloo 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—Ningaloo Marine Park (Commonwealth Waters) (F2007B00725) (a) | 20 May 1987
(see Gazette 1987, No. GN3) | 20 May 1987 | |
Amendment Proclamation—Ningaloo Marine Park (Commonwealth Waters) 1992
(F2007B00720) | 5 Aug 1992
(see Gazette 1992, No. GN31) | 5 Aug 1992 | — |
Amendment Proclamation—Ningaloo Marine Park (Commonwealth Waters) 2003
(F2007B00728) | 6 Apr 2004
(see Gazette 2004, No. S108) | 6 Apr 2004 | — |
Environment Protection and Biodiversity Conservation (Ningaloo Marine Park—Commonwealth Waters) Amendment Proclamation 2012 (No. 1) | 16 Nov 2012 (see F2012L02184) | 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. (a).............. | am. 2012 No. 1 |
Para. (b).............. | am. 2012 No. 1 |
Para. (c).............. | am. 2012 No. 1 |
Para. (d).............. | am. 2012 No. 1 |
Schedule | |
Heading to Schedule ..... | rs. 2012 No. 1 |
Schedule............. | am. F2007B00720 |
| rs. F2007B00728 |
Overview
The Ningaloo Commonwealth Marine Reserve was established through the Ningaloo Commonwealth Marine Reserve Proclamation, made under section 344 of the Environment Protection and Biodiversity Conservation Act 1999. The primary purpose of this proclamation was to address the need for the protection and conservation of the marine environment in the Ningaloo region. This area is significant for its rich biodiversity, unique marine ecosystems, and cultural heritage. The proclamation was enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The policy objective behind this proclamation is to provide a legal framework for the conservation and sustainable management of the marine reserve, thereby ensuring the protection of its ecological and cultural values for future generations.
The Ningaloo Commonwealth Marine Reserve encompasses a vast area within the Indian Ocean, excluding coastal waters in relation to the State of Western Australia, and is defined by specific geographic coordinates. The reserve includes the subsoil up to a depth of 1000 metres below the surface of any land and below the seabed within the declared area. This proclamation has undergone several amendments to refine the boundaries and management of the reserve, with the most recent amendment being the Environment Protection and Biodiversity Conservation (Ningaloo Marine Park—Commonwealth Waters) Amendment Proclamation 2012 (No. 1). This legislative instrument ensures that the marine reserve remains a protected area, dedicated to the preservation of its natural and cultural significance.
Scope and Application
The Ningaloo Commonwealth Marine Reserve Proclamation, made under section 344 of the Environment Protection and Biodiversity Conservation Act 1999, designates a specific area within the Indian Ocean, excluding coastal waters in relation to the State of Western Australia, as a reserve. The proclamation applies to all persons and entities operating within the defined boundaries of the reserve, which includes both Australian and international actors, encompassing industries such as fishing, tourism, and marine research. The geographic reach of this legislation is confined to Commonwealth waters, specifically those offshore areas not covered by the Coastal Waters (State Powers) Act 1980 and the Coastal Waters (Northern Territory Powers) Act 1980. The proclamation was initially established under the National Parks and Wildlife Conservation Act 1975, and it continues to be in force following the repeal of that Act, pursuant to provisions in the Environment Reform (Consequential Provisions) Act 1999. The proclamation has been amended several times, with the most recent amendment occurring in 2012, which updated the geographic boundaries of the reserve and its management provisions. The proclamation does not explicitly state exclusions, exemptions, or thresholds, but compliance is overseen through the broader framework of the Environment Protection and Biodiversity Conservation Act 1999.
Key Provisions
The Ningaloo Commonwealth Marine Reserve Proclamation, made under section 344 of the Environment Protection and Biodiversity Conservation Act 1999, serves to declare the specified marine area within the Indian Ocean, excluding coastal waters in relation to the State of Western Australia, as a reserve (sections 1(a) and (b)). This Proclamation also specifies the depth to which the subsoil beneath both land and sea within the declared area is included in the reserve, extending to 1000 metres below the surface of any land and 1000 metres below the seabed (sections 1(c) and (d)). The reserve is bounded by a series of geographic coordinates, beginning at latitude 21 degrees 39 minutes 55.36 seconds south and longitude 114 degrees 00 minutes 4.72 seconds east, and ending at latitude 21 degrees 39 minutes 55.36 seconds south and longitude 114 degrees 00 minutes 4.72 seconds east (Schedule). The coastal waters are defined by the Coastal Waters (State Powers) Act 1980 and Coastal Waters (Northern Territory Powers) Act 1980.
The Ningaloo Commonwealth Marine Reserve Proclamation imposes certain obligations and requirements on the entities it governs. Firstly, it designates the specified marine area as a protected reserve under federal law, thereby subjecting activities within this area to the regulations and management plans established under the Environment Protection and Biodiversity Conservation Act 1999. The Proclamation also mandates that any activities within the reserve must comply with the objectives and management principles set forth in the Ningaloo Commonwealth Marine Reserve Management Plan. These plans typically include provisions for conservation, sustainable use, scientific research, and public education. Furthermore, the Proclamation requires that any activities impacting the reserve, such as fishing, mineral exploration, or tourism, must be authorised by the relevant federal authorities and must adhere to the environmental protection standards and guidelines stipulated by the Act.
The Ningaloo Commonwealth Marine Reserve Proclamation also outlines the penalties and consequences for non-compliance with the provisions of the Act. Entities or individuals found in breach of the reserve’s regulations may face both civil and criminal penalties. Civil penalties can include fines, which are determined based on the severity and nature of the offence. For example, unauthorised activities within the reserve may incur fines as stipulated under section 491 of the Environment Protection and Biodiversity Conservation Act 1999. Additionally, criminal penalties may apply for more serious offences, such as wilful damage to the reserve’s natural or cultural resources. Such offences can result in imprisonment, with the maximum penalty varying depending on the specific provisions of the Act and the discretion of the court. Furthermore, breaches of the reserve’s regulations may also result in the revocation of permits or authorisations issued under the Act, thereby prohibiting the offending entity or individual from engaging in the activities within the reserve in the future.