Environment Protection and Biodiversity Conservation Amendment (Commonwealth Marine Reserves Renaming) Proclamation 2017

Overview

The Environment Protection and Biodiversity Conservation (Commonwealth Marine Reserves Renaming) Proclamation 2017, enacted by the Minister for the Environment and Energy, was introduced to address the need for a more intuitive and consistent naming convention for existing marine reserves within the Australian jurisdiction. This legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999, specifically under subsection 350(1), to rename fifty-eight Commonwealth marine reserves to "marine parks". The policy objective behind this change is to enhance clarity and recognition among marine users, ensuring the name more accurately reflects the dual purpose of these reserves: providing recreational spaces and protecting marine habitats and species. This renaming aligns with the nomenclature used by other jurisdictions and the Director of National Parks, thereby fostering a better understanding of the special status of these marine areas. The proclamation was subject to public consultation, resulting in the Minister recommending the amendment to the Governor-General, who subsequently issued the proclamation.

Scope and Application

The Environment Protection and Biodiversity Conservation (Commonwealth Marine Reserves Renaming) Proclamation 2017 amends the Environment Protection and Biodiversity Conservation Act 1999 by renaming fifty-eight existing Commonwealth marine reserves to marine parks. This change, while altering the nomenclature, does not affect the regulatory or operational aspects of these reserves. The shift to the term "marine parks" is intended to enhance understanding among marine users, align with the nomenclature used by other jurisdictions, and better reflect the dual purpose of these areas—both as protected habitats for marine life and as recreational spaces for public enjoyment. The renaming is expected to foster greater recognition and clearer communication regarding the purpose and nature of these reserves. The Proclamation applies to the fifty-eight specific reserves listed in the Annexure A, which are located within Australian Commonwealth waters. The renaming is purely a change in title and does not impose any additional regulatory burdens or alter existing protections and management practices. The Minister for the Environment and Energy considered public submissions received during a 62-day consultation period before recommending the amendment to the Governor-General. Given that no additional regulatory impact is imposed, a regulatory impact statement was deemed unnecessary. The Proclamation, which is a legislative instrument under the Legislation Act 2003, commenced the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation (Commonwealth Marine Reserves Renaming) Proclamation 2017 (the Proclamation) amends the Environment Protection and Biodiversity Conservation Act 1999 (the Act) by renaming fifty-eight existing Commonwealth marine reserves to "marine parks" (sections 350(1) and 351(1)). This change, detailed in Annexure A, aims to improve clarity and consistency in naming, making the areas more recognisable and their purpose more apparent to marine users. The Proclamation does not alter any other aspects of these reserves, such as their boundaries or the regulations governing their use. The obligations under this Act require the Minister for the Environment and Energy to consider a report from the Director of National Parks before making any such proclamation (subsection 351(1)). In accordance with this requirement, the Director of National Parks sought public feedback on the renaming proposal between 21 July 2017 and 20 September 2017. The Minister then reviewed the received submissions and the Director's report before recommending the renaming to the Governor-General. Given the minimal regulatory impact, no regulatory impact statement was required (OBPR reference number 22665). Any breach of the provisions in the Act or the Proclamation could lead to various civil and criminal consequences. While the specific offences, penalties, or consequences are not detailed in the Proclamation, the Act generally allows for enforcement actions, fines, and imprisonment for serious violations. The exact penalties would depend on the nature and severity of the breach, as outlined in the relevant sections of the Act. The Act ensures that these measures are in place to maintain compliance and protect the designated marine areas.