Environment Protection and Biodiversity Conservation Act 1999
INCLUSION OF THE CUTTLEFISH COAST SANCTUARY ZONE
IN THE
NATIONAL HERITAGE LIST
I, Tanya Plibersek, Minister for the Environment and Water, having considered in relation to the place and the National Heritage values described in the Schedule of this instrument:
(a) the Australian Heritage Council's assessment on whether the place meets any of the National Heritage criteria, and
(b) the comments given to the Council under sections 324JG and 324JH of the Environment Protection and Biodiversity Conservation Act 1999, and
being satisfied that the place described in the Schedule has the National Heritage values specified in the Schedule, pursuant to section 324JJ of the Environment Protection and Biodiversity Conservation Act 1999, include the place and the specified National Heritage values in the National Heritage List.
Dated 23 / 12 / 2022
Tanya Plibersek
Minister for the Environment and Water
SCHEDULE
SOUTH AUSTRALIA
City of Whyalla Council Area
Cuttlefish Coast Sanctuary Zone:
The area that is part of the Upper Spencer Gulf Marine Park, South Australia, zoned as the Cuttlefish Coast Sanctuary Zone (Marine Park 10, Sanctuary Zone 5) the boundary of which commences at:
a) the point of Latitude 33° 00.578ʹ South, Longitude 137° 42.792ʹ East;
b) from there North to the intersection of the median high water mark (at its approximate intersection by the parallel of Latitude 32° 58.694ʹ South);
c) from there following the median high water mark generally south-easterly and easterly to its intersection by the meridian of Longitude 137° 44.799ʹ East;
d) from there South to its intersection by the parallel of Latitude 33° 0.578ʹ South;
e) from there West to the point of commencement.
All geographic coordinates are expressed in Degrees and Decimal Minutes in terms of the Geocentric Datum of Australia 1994 (GDA94) as described in the Commonwealth of Australia Gazette GN35 of 6 September 1995.
| Criterion | Values |
(b) | the place has outstanding heritage value to the nation because of the place's possession of uncommon, rare or endangered aspects of Australia's natural or cultural history | The Cuttlefish Coast Sanctuary Zone in South Australia is of outstanding heritage value to the nation under criterion (b) because each winter a breeding aggregation of an iconic population of the Giant Australian Cuttlefish, involving tens of thousands of individuals, occurs there. This is the largest and densest spawning aggregation of Giant Australian Cuttlefish in the world. During the event, intense competition between male cuttlefish within the aggregation leads to complex behaviours and spectacular massed displays of colour and shapeshifting. A shallow, fringing, rocky reef system within the place may offer a specific, spatially rare resource which benefits spawning success in the Giant Australian Cuttlefish. |
(c) | the place has outstanding heritage value to the nation because of the place's potential to yield information that will contribute to an understanding of Australia's natural or cultural history | The Cuttlefish Coast Sanctuary Zone is of outstanding heritage value to the nation under criterion (c) because the place, and the annual aggregation of Giant Australian Cuttlefish it supports, is likely to yield further information on this iconic marine species, its habitat, and its role in broader marine ecology. The Giant Australian Cuttlefish exhibits complex and deceptive behaviour within the aggregation, using rapid camouflaging and signalling, which have provided the biological context for potential new bioinspired materials. |
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with regard to matters of national environmental significance. The Act aims to ensure the protection and conservation of Australia's biodiversity and heritage, including the listing of places on the National Heritage List. In December 2022, Tanya Plibersek, the Minister for the Environment and Water, included the Cuttlefish Coast Sanctuary Zone in the National Heritage List. This area, located in South Australia as part of the Upper Spencer Gulf Marine Park, has been recognised for its outstanding heritage value to the nation. It is notable for its role in the breeding aggregation of the Giant Australian Cuttlefish, which is the largest and densest such aggregation in the world. The decision to include the Cuttlefish Coast Sanctuary Zone in the National Heritage List was made after considering the assessment by the Australian Heritage Council and public comments, and it recognises the area's unique natural history and potential to contribute to scientific understanding of marine ecology and behaviour.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to the Cuttlefish Coast Sanctuary Zone within the Upper Spencer Gulf Marine Park in South Australia, specifically the area zoned as the Cuttlefish Coast Sanctuary Zone (Marine Park 10, Sanctuary Zone 5). The Act, administered by the Minister for the Environment and Water, encompasses the inclusion of this sanctuary zone in the National Heritage List due to its outstanding heritage value to the nation, primarily because of its significance in supporting the largest and densest spawning aggregation of Giant Australian Cuttlefish in the world. This inclusion is based on the area's potential to yield significant information about Australia's natural history and the unique behaviours of the Giant Australian Cuttlefish, which may contribute to bioinspired materials research. The Act's application to this specific geographic location, defined by precise coordinates, is intended to protect and preserve the natural and cultural values of the site for future generations. The Act's reach is national, overseen by the Commonwealth, but its specific application in this case is geographically confined to the defined area of the Cuttlefish Coast Sanctuary Zone in South Australia.
Key Provisions
The key provisions of the legislation (sections 324JJ of the Environment Protection and Biodiversity Conservation Act 1999) direct the inclusion of the Cuttlefish Coast Sanctuary Zone into the National Heritage List, acknowledging its outstanding heritage value to the nation. The legislation establishes this area as a unique zone within the Upper Spencer Gulf Marine Park in South Australia, highlighting its significance as the site of the largest and densest spawning aggregation of Giant Australian Cuttlefish in the world. This inclusion recognises the natural and cultural importance of the site, particularly due to the behaviours and ecological insights it offers.
Under this Act, the parties or entities governed by this legislation are primarily responsible for ensuring the conservation and management of the Cuttlefish Coast Sanctuary Zone. This includes maintaining the ecological integrity of the area and its unique features, such as the breeding aggregations of the Giant Australian Cuttlefish, and facilitating research that can contribute to the understanding of this marine species and its habitat. There is an obligation to protect the area from activities that may harm its heritage values, and to promote its conservation through education and public awareness initiatives.
Breaching the provisions of this Act can lead to both civil and criminal consequences. The Act may impose fines and other penalties for activities that harm or threaten the National Heritage values of the Sanctuary Zone. The specific penalties for breaches are not detailed in the text provided, but generally, under the Environment Protection and Biodiversity Conservation Act 1999, penalties can include substantial fines for both individuals and corporations. In the case of criminal offences, such as unauthorised harm to a place of national heritage significance, the penalties can include imprisonment, reflecting the seriousness of such breaches to national heritage. The precise penalties would depend on the nature and severity of the breach, as well as any previous convictions.