Environment Protection and Biodiversity Conservation Act 1999 - Proclamation - Solitary Islands Marine Reserve (Commonwealth Waters) (17/02/1993)

Legislation au F2007B00687 Not in force Legislative Instrument

Legislation content

PROCLAMATION

 

 

 

Commonwealth of Australia By His Excellency the

 Governor-General of the

BILL HAYDEN Commonwealth of Australia             

Governor-General

 

 

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 Federal Executive Council under subsection 7(1) of the National Parks and Wildlife Conservation Act 1975 of a report by the Director of National Parks and Wildlife, under subsection 7(2) of that Act:

(a)         declare the areas specified in the Schedule to be a reserve; and

(b)         assign to the reserve the name “Solitary Islands Marine Reserve

 (Commonwealth Waters)”; and

(c)         specify that the subsoil to the depth of 1,000 metres below the surface of any

  land within the declared areas is taken to be within the reserve; and

(d)         specify that the subsoil to the depth of 1,000 metres below the sea-bed

  within the declared areas is taken to be within the reserve.

 

 

 

 

GIVEN under my Hand and

the Great Seal of Australia on

17 February 1993

 

By His Excellency’s Command,

 

 

 

 

 

 

Ros Kelly

Minister of State for the Arts, Sport,

the Environment and Territories

 

GOD SAVE THE QUEEN!

 

 

 


SCHEDULE

 

Interpretation

 

1. (a) In this Schedule:

 

  “baseline” means the line determined, by Proclamation made under section 7 of the Seas and Submerged Lands Act 1973 and published in the Gazette No. S29 on 9 February 1983, to be the baseline from which the breadth of the territorial sea adjacent to the mainland of Australia is measured; and

 

  “nautical mile” means a distance of 1852 metres.

 

(b)                     Latitudes and longitudes referred to in this Schedule are latitudes and longitudes determined by reference to the Australian Geodetic Datum 1966 (AGD66).

 

(c)                      Where, for the purpose of this Schedule it is necessary to determine the position on the surface of the Earth of a point, line or area by reference to the Australian Geodetic Datum:

 

(i)                 that position is to be determined by reference to the Australian National Spheroid having a major (equatorial) radius of 6,378,160 metres and a flattening of 100/29825 and by reference to the position of the Johnston Geodetic Station in the Northern Territory; and

(ii)               the Johnston Geodetic Station is to be taken to be situated at Latitude 25o56’54.5515”South and at Longitude 133o12’30.0771”East and to have a ground level of 571.2 metres above the surface of the spheroid referred to in paragraph (i).

 

(d)                     To convert latitudes and longitudes referred to in this Schedule to equivalent values in the World Geodetic System 1984 (WGS84), decrease the numerical value of latitudes by 6 seconds and increase the numerical value of longitudes by 4 seconds.

 

Description of Areas of Solitary Islands Marine Reserve (Commonwealth Waters)

 

2. The areas comprising the Solitary Islands Marine Reserve (Commonwealth Waters) are:

 

(a)                      the area bounded by the line:

 

(i)                 commencing at the point of intersection of Latitude 29o40’24”South and Longitude 153o23’25”East; and

(ii)               running then east along that parallel of Latitude to its intersection with the line corresponding with the 50 metre isobath below Mean High Water; and

(iii)            then generally southerly along the line corresponding to that isobath to its intersection with the line every point on which is three nautical miles seaward of the baseline; and

(iv)             then generally south-westerly and northerly along that line to the point of commencement; and

 

(b)                     the area bounded by the line:

 

(i)                 commencing at Latitude 29o58’59”South, Longitude 153o22’30”East, being the point of intersection by the line every point on which is three nautical miles seaward of the baseline with the line corresponding with the 50 metre isobath below Mean High Water; and

(ii)               running then generally south-westerly along the line corresponding to that isobath to Latitude 30o02’40”South, Longitude 153o19’26”East, being an intersection with the line every point on which is three nautical miles seaward of the baseline; and

(iii)            then generally northerly, north-westerly, northerly and south-easterly along that line to the point of commencement; and

 

(c)                      the area bounded by the line:

 

(i)                 commencing at Latitude 30o03’57”South, Longitude 153o18’14”East, being the point of intersection of the line every point on which is three nautical miles seaward of the baseline with the line corresponding with the 50 metre isobath below Mean High Water; and

(ii)               running then generally southerly, south-westerly and southerly along the line corresponding to that isobath to Latitude 30o09’40”South, Longitude 153o17’19”East, being an intersection with the line every point on which is three nautical miles seaward of the baseline; and

(iii)            then generally north-westerly, northerly and north-easterly along that line to the point of commencement; and

 

(d)                     the area bounded by the line:

 

(i)                 commencing at the point of intersection of Latitude 30o18’25”South with Longitude 153o12’43”East, being a point on the line every point on which is three nautical miles seaward of the baseline; and

(ii)               running then generally northerly, north-easterly and south-easterly along that line to Latitude 30o15’46”South, Longitude 153o15’26”East, being a point of intersection with the line corresponding with the 50 metre isobath below Mean High Water; and

(iii)            then generally south-westerly along the line corresponding to that isobath the point of intersection with the parallel of Latitude 30o18’25”South; and

(iv)             then west along that parallel to the point of commencement.

Overview

The Solitary Islands Marine Reserve (Commonwealth Waters) was established by proclamation in 1993 under the National Parks and Wildlife Conservation Act 1975. This legislation aimed to create a marine reserve to protect and conserve the unique and ecologically significant marine environment of the Solitary Islands off the coast of New South Wales. The proclamation, made by the Governor-General with the advice of the Federal Executive Council, designated specific areas as a reserve and assigned the name "Solitary Islands Marine Reserve (Commonwealth Waters)" to these areas. The proclamation also specified that the subsoil to the depth of 1,000 metres below the surface of any land and below the sea-bed within the declared areas is included in the reserve. This legislative instrument underscores the policy objective of preserving marine biodiversity and protecting the cultural heritage of the area. The creation of the Solitary Islands Marine Reserve (Commonwealth Waters) represents a significant step in the Commonwealth’s commitment to marine conservation, addressing the need to protect critical marine habitats and species from potential threats such as overfishing, pollution, and habitat destruction. By establishing this reserve, the legislation aims to ensure the long-term sustainability and health of the marine environment, thereby contributing to broader environmental conservation efforts in Australia.

Scope and Application

The F2007B00687 legislative instrument, which is the Proclamation of the Solitary Islands Marine Reserve (Commonwealth Waters), designates specific areas within the Commonwealth of Australia as a marine reserve. This legislation applies to the areas defined within the Schedule, encompassing not only the surface waters but also the subsoil to a depth of 1,000 metres below both land and sea-bed within the designated boundaries. The geographic scope of this proclamation is within the Commonwealth waters, extending from the baseline of the territorial sea as determined under the Seas and Submerged Lands Act 1973, and specifically delineating the reserve through coordinates referenced to the Australian Geodetic Datum 1966. The proclamation does not explicitly state any exclusions, exemptions, or thresholds, but it is implicit that any activities inconsistent with the objectives of establishing the reserve would be regulated or prohibited. Any further details regarding specific regulations, restrictions, or management practices would likely be covered under subordinate instruments or additional legislation.

Key Provisions

The proclamation under the National Parks and Wildlife Conservation Act 1975 (section 7) declares certain areas as a reserve and names it the "Solitary Islands Marine Reserve (Commonwealth Waters)" (section 1). It includes the subsoil to the depth of 1,000 metres below the surface of any land within the reserve and the subsoil to the depth of 1,000 metres below the sea-bed within the reserve (sections 1(c) and 1(d)). The specific areas of the reserve are described in the Schedule, which provides detailed boundaries using latitudes and longitudes determined by the Australian Geodetic Datum 1966 (AGD66) (section 1(b)). The baseline for measuring the breadth of the territorial sea is also specified (section 1(a)). The obligations imposed by this proclamation include the protection and management of the marine reserve to preserve its ecological, scientific, aesthetic, cultural, and recreational values. This would involve activities such as monitoring marine life, regulating human activities within the reserve, and preventing any actions that could harm the marine environment. The proclamation also specifies the subsoil within the reserve, extending the protection to the subsoil beneath both land and sea areas (section 1(c) and 1(d)). For breaches of the regulations governing the management and protection of the marine reserve, there may be civil or criminal penalties. The exact penalties are not specified within the proclamation but would typically include fines and potential imprisonment for serious or repeated offences. The specific penalties would be determined under the National Parks and Wildlife Conservation Act 1975, which governs the management of national parks and reserves in Australia.

Legal classification tags

Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

All Versions

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.