COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
Subsection 368(5)
INVITATION TO COMMENT
DRAFT MANAGEMENT PLAN FOR THE NORTH-WEST COMMONWEALTH MARINE RESERVES NETWORK
The Director of National Parks has prepared a draft management plan under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) for the Commonwealth reserves in the North-west Commonwealth Marine Reserves Network. The draft management plan sets out how the North-west Commonwealth Marine Reserves Network will be managed for a period of ten years.
The North-west Commonwealth Marine Reserves Network came into effect on 17 November 2012. The reserves of the Network are:
Shark Bay Commonwealth Marine Reserve
Carnarvon Canyon Commonwealth Marine Reserve
Gascoyne Commonwealth Marine Reserve
Montebello Commonwealth Marine Reserve
Dampier Commonwealth Marine Reserve
Eighty Mile Beach Commonwealth Marine Reserve
Roebuck Commonwealth Marine Reserve
Argo-Rowley Terrace Commonwealth Marine Reserve
Kimberley Commonwealth Marine Reserve
Mermaid Reef Commonwealth Marine Reserve
Ningaloo Commonwealth Marine Reserve
Ashmore Reef Commonwealth Marine Reserve
Cartier Island Commonwealth Marine Reserve
Members of the public are invited to comment on the draft management plan. Comments may be made in relation to the management plan generally, or as it relates to individual reserves or particular activities within the network.
All comments received will be considered and the draft management plan may be revised accordingly. To ensure your comments are clear and concise please:
- list your points in order, numbered according to the relevant sections or prescriptions (strategies and actions) of the draft plan
- state whether you agree or disagree with prescriptions and give your reasons
- if you disagree, suggest alternatives
- include any matters relevant to management of the reserves in the North-west Commonwealth Marine Reserves Network that are not covered by the draft plan.
Comments must be sent to either:
1) Postal address-
North-west Marine Commonwealth Reserves Network Draft Management Plan
Department of Sustainability, Environment, Water, Population and Communities
Reply Paid 787
Canberra ACT 2601
2) Email address - Northwest.draftplan@environment.gov.au
Comments on the draft management plan for the North-west Commonwealth Marine Reserves Network must be sent by Thursday 14th February 2013. Comments that are sent after that date or to addresses other than those above cannot be taken into account in finalising the North-west Commonwealth Marine Reserves Network management plan.
Please note that all comments may be treated as public documents and may be made public on the department’s website.
Copies of the draft management plan and further information is available at www.environment.gov.au/marinereserves or by contacting the Community Information Unit of the Department of Sustainability, Environment, Water, Population and Communities on freecall 1800 069 352.
Signed this day of 14th January 2013.
SIGNED
Charlton Clark
Assistant Secretary
Commonwealth Marine Reserves Branch
Marine Division
Department of Sustainability, Environment, Water, Population and Communities
Delegate of the Director of National Parks
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. The Act was introduced by the Australian Parliament to address the need for a comprehensive framework that integrates environmental protection and biodiversity conservation within broader decision-making processes. This includes the management of marine reserves, as evidenced by the development of the draft management plan for the North-west Commonwealth Marine Reserves Network. The policy objective of the EPBC Act is to ensure that significant impacts on the environment are properly assessed and managed, promoting sustainable use of natural resources and conservation of biodiversity. The draft management plan for the North-west Commonwealth Marine Reserves Network, prepared by the Director of National Parks, aims to outline the management strategies for these reserves over the next decade, inviting public input to enhance the plan's effectiveness and inclusivity.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the management of the North-west Commonwealth Marine Reserves Network, which encompasses various marine reserves in Australia's north-west region. These reserves include Shark Bay, Carnarvon Canyon, Gascoyne, Montebello, Dampier, Eighty Mile Beach, Roebuck, Argo-Rowley Terrace, Kimberley, Mermaid Reef, Ningaloo, Ashmore Reef, and Cartier Island. The Act governs the conservation and sustainable use of the marine environment and biodiversity within these reserves, providing a framework for their management over a ten-year period. The Act applies to any person or entity conducting activities that may impact these reserves, including commercial, recreational, and research activities. The geographic reach of the Act is national, as it is a Commonwealth Act, but it specifically targets the management of the designated marine reserves. The draft management plan invites public comment on the proposed strategies and actions, with a requirement for comments to be structured and specific to relevant sections of the draft plan. All comments received by the specified deadline will be considered for incorporation into the final plan. It is noteworthy that the Act does not specify exclusions or exemptions in this context, but the draft management plan itself may outline particular activities or areas subject to specific conditions or restrictions.
Key Provisions
The draft management plan (Section 368(5)) for the North-west Commonwealth Marine Reserves Network outlines the management strategy for the ten-year period commencing from the plan’s implementation. This plan, prepared by the Director of National Parks under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), aims to detail the conservation and sustainable use of the reserves within the Network. These reserves include Shark Bay, Carnarvon Canyon, Gascoyne, Montebello, Dampier, Eighty Mile Beach, Roebuck, Argo-Rowley Terrace, Kimberley, Mermaid Reef, Ningaloo, Ashmore Reef, and Cartier Island. The plan addresses various aspects of management, including conservation priorities, permitted activities, and management actions required to protect the ecological integrity of these marine areas.
The Act imposes several obligations on the entities it governs, particularly the Director of National Parks. The Director is required to prepare and finalise management plans that reflect the best available scientific information and aim to conserve biodiversity and ecological processes. This includes ensuring that the management plans are consistent with the objectives of the EPBC Act and other relevant legislation. The public is invited to provide comments on the draft management plan, and the Director must consider these comments in finalising the plan. Additionally, the Director must ensure that the final plan is accessible to the public and that any decisions made are transparent and well-documented.
Failure to comply with the requirements of the EPBC Act, including the preparation and implementation of management plans, can result in civil and criminal consequences. While the Gazette does not specify maximum penalties, breaches of the Act can lead to substantial fines and, in some cases, imprisonment. The Act also allows for the enforcement of management plans through court orders, which can include injunctions, directions, or penalties for non-compliance. The consequences for not adhering to the provisions of the Act can be severe, impacting not only the individuals or entities involved but also the protected ecosystems within the North-west Commonwealth Marine Reserves Network.