National Parks and Wildlife Conservation Act 1975
PROCLAMATION
I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, under subsection 7(2) of the National Parks and Wildlife Conservation Act 1975:
(a) declare the area specified in the Schedule to be a reserve; and
(b) assign to the reserve the name “Tasmanian Seamounts Marine Reserve”; and
(c) specify that the subsoil extending to a depth of 100 metres below the sea-bed within the declared area is within the reserve.
Signed and sealed with the
Great Seal of Australia
12 May 1999
WILLIAM DEANE
Governor-General
By His Excellency’s Command
Robert Hill
Minister for the Environment and Heritage
Schedule
Tasmanian Seamounts Marine Reserve
All of that area within the Southern Ocean contained within and bounded as
follows:
a) commencing at the point of Latitude 44o30’South and Longitude 147o25’East,
b) and proceeding in a westerly direction along the parallel of latitude
to the point Latitude 44o30’South and Longitude 147o14’East,
c) then in a north-westerly direction along the geodesic to the point
Latitude 44o18’50”South and Longitude 147o10’East,
d) then in an easterly direction along the parallel of latitude to the
point Latitude 44o18’50”South and Longitude 147o15’50”East,
e) then in a north-easterly direction along the geodesic to the point
Latitude 44o16’South and Longitude 147o25’East,
f) then in a southerly direction along the meridian to the point of commencement.
All coordinates are referred to the Geocentric Datum of Australia 1994
(GDA94).
Overview
The National Parks and Wildlife Conservation Act 1975 was enacted to address the need for the conservation and protection of national heritage places, including natural and cultural resources. The Act was introduced by the Australian Parliament with the objective of preserving Australia's unique natural and cultural heritage for current and future generations. The Tasmanian Seamounts Marine Reserve was proclaimed under the authority of this Act to safeguard significant marine biodiversity and ecosystems. The proclamation, signed by the Governor-General and the relevant Minister, designates a specific area in the Southern Ocean as a protected marine reserve, extending to a depth of 100 metres below the sea-bed within the specified coordinates. This legal instrument aims to provide a framework for the conservation of marine life and habitats in the designated area, contributing to the broader policy objective of preserving Australia's natural heritage.
Scope and Application
The National Parks and Wildlife Conservation Act 1975, as evidenced by the legislative instrument F2007B00691, applies to the establishment of the Tasmanian Seamounts Marine Reserve. This Act facilitates the declaration of specific areas as reserves under Commonwealth authority, thereby extending the reach of environmental protection and conservation measures across the Southern Ocean. The legislation specifically encompasses the subsoil to a depth of 100 metres below the sea-bed within the delineated boundaries of the reserve, ensuring comprehensive coverage of both surface and sub-surface elements. The geographic scope of this Act is confined to the area bounded by the specified coordinates, and it applies to all persons and entities engaging in activities within these boundaries. The Act's application is limited to the declared marine reserve and does not extend to other areas unless explicitly modified by subsequent legislative action. The Act operates within the broader framework of Commonwealth environmental protection laws, with its primary focus on preserving marine biodiversity and habitats within the designated reserve.
Key Provisions
The proclamation under the National Parks and Wildlife Conservation Act 1975 (sections 7(2)) declares the area specified in the Schedule as the Tasmanian Seamounts Marine Reserve. This area, located within the Southern Ocean, is bounded by specific latitude and longitude coordinates and extends to a depth of 100 metres below the sea-bed. This declaration establishes the reserve, assigns it the name "Tasmanian Seamounts Marine Reserve," and includes the subsoil within the reserve boundaries.
The Tasmanian Seamounts Marine Reserve is subject to the provisions of the National Parks and Wildlife Conservation Act 1975. This means that all activities within the reserve must comply with the Act's regulations, which are designed to protect and conserve the marine environment and wildlife. The reserve's boundaries and depth specifications are crucial in delineating the area where these conservation measures apply.
The Act imposes obligations on individuals, businesses, and other entities operating within the reserve. These obligations include adhering to any regulations or conditions set by the responsible authorities, such as the Minister for the Environment and Heritage, to ensure the protection of the marine environment and its biodiversity. Activities that might harm the reserve, such as fishing, mining, or construction, are likely to be restricted or prohibited unless authorised by the appropriate government body.
There are potential civil and criminal consequences for breaches of the National Parks and Wildlife Conservation Act 1975. Offences under the Act can result in fines and penalties, with the maximum penalties varying depending on the specific breach and jurisdiction. For example, unauthorised fishing or damaging protected species within the reserve could result in significant fines and even imprisonment. The precise penalties are outlined in the relevant sections of the Act and are enforced by the courts.