INVITATION TO COMMENT
DRAFT MANAGEMENT PLANS FOR COMMONWEALTH MARINE RESERVES
Environment Protection and Biodiversity Conservation Act 1999, Subsection 368(5)
As the Director of National Parks, I invite your comments on draft management plans for Australian Marine Parks (formally called Commonwealth Marine Reserves) in the North; North-west; South-west; Temperate East; and the Coral Sea (listed in Schedule 1 to this notice).
Australian Marine Parks are in Commonwealth waters, more than three nautical miles from the coast. Parks Australia manages these on behalf of the Australian Government.
The five draft plans set out the approach Parks Australia proposes to take to manage 44 Australian Marine Parks over the next ten years. In developing the draft plans, we have been careful to put provisions in place to protect important marine habitats and features, while providing opportunities for people to continue to enjoy these unique areas. It is important for marine parks to contribute to Australia’s wellbeing – the social, cultural and economic fabric of local and regional communities in particular.
The plans have benefitted from many inputs, including feedback from the public on the independent review released in 2016; the advice and expertise of traditional owners on managing sea country; lessons learnt from managing Australian and international marine parks and the best available science.
It's your passion and commitment that will make marine parks work in the longer term and I value your views on the approach we have proposed in the draft plans.
Please send your comments on draft management plans by:
1. Filling in our feedback form, available at www.parksaustralia.gov.au/marine
2. Emailing: managementplanning.marine@environment.gov.au
3. Writing (free of charge) to: Australian Marine Parks Management Planning Comments
Department of the Environment and Energy
Reply Paid 787
Canberra ACT 2601
To help us to consider your feedback, please:
- Say what you would like to see kept or changed in the plan/s and why
- Refer your points to a specific marine park or use, where appropriate
- Give sources of any information you refer to, where possible.
Please note, comments sent after 11.59 pm AEST Wednesday 20 September 2017 or to an address other than those listed above cannot be considered.
Comments may be made public. Personal information provided to us will be dealt with in accordance with the Australian Privacy Principles. Further information and our privacy notice is available at www.parksaustralia.gov.au/marine. Your personal information may be disclosed to the Minister, relevant government agencies, the Australian Parliament and where required by law.
Your submission may also be published online. Please tell us in your submission if you do not want it published. Your submission will still be considered in the Director’s Report on the Preparation of the Management Plans, and may be provided to the Minister and tabled before Parliament.
For more information, visit www.parksaustralia.gov.au/marine or call 1800 069 352.
Sally Barnes
Director of National Parks
Schedule 1 - Commonwealth Marine Reserves for which draft management plans have been prepared
Draft management plans have been prepared for the Coral Sea Commonwealth Marine Reserve and each of the following Commonwealth Marine Reserves Networks:
North Commonwealth Marine Reserves Network Arafura Commonwealth Marine Reserve Arnhem Commonwealth Marine Reserve Gulf of Carpentaria Commonwealth Marine Reserve Joseph Bonaparte Gulf Commonwealth Marine Reserve Limmen Commonwealth Marine Reserve Oceanic Shoals Commonwealth Marine Reserve Wessel Commonwealth Marine Reserve West Cape York Commonwealth Marine Reserve North-west Commonwealth Marine Reserves Network Argo-Rowley Terrace Commonwealth Marine Reserve Ashmore Reef Commonwealth Marine Reserve Carnarvon Canyon Commonwealth Marine Reserve Cartier Island Commonwealth Marine Reserve Dampier Commonwealth Marine Reserve Eighty Mile Beach Commonwealth Marine Reserve Gascoyne Commonwealth Marine Reserve Kimberley Commonwealth Marine Reserve Mermaid Reef Commonwealth Marine Reserve Montebello Commonwealth Marine Reserve Ningaloo Commonwealth Marine Reserve Roebuck Commonwealth Marine Reserve Shark Bay Commonwealth Marine Reserve | South-west Commonwealth Marine Reserves Network Abrolhos Commonwealth Marine Reserve Bremer Commonwealth Marine Reserve Eastern Recherche Commonwealth Marine Reserve Geographe Commonwealth Marine Reserve Great Australian Bight Commonwealth Marine Reserve Jurien Commonwealth Marine Reserve Murat Commonwealth Marine Reserve Perth Canyon Commonwealth Marine Reserve Southern Kangaroo Island Commonwealth Marine Reserve South-west Corner Commonwealth Marine Reserve Twilight Commonwealth Marine Reserve Two Rocks Commonwealth Marine Reserve Western Eyre Commonwealth Marine Reserve Western Kangaroo Island Commonwealth Marine Reserve Temperate East Commonwealth Marine Reserves Network Central Eastern Commonwealth Marine Reserve Cod Grounds Commonwealth Marine Reserve Gifford Commonwealth Marine Reserve Hunter Commonwealth Marine Reserve Jervis Commonwealth Marine Reserve Lord Howe Commonwealth Marine Reserve Norfolk Commonwealth Marine Reserve Solitary Islands Commonwealth Marine Reserve |
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (C2017G00827) was enacted to address the need for a comprehensive framework to protect and manage Australia’s environment, including its marine ecosystems. This legislation empowers the Australian Government to establish and manage marine reserves, ensuring the conservation of marine biodiversity and habitats, while allowing for sustainable use. The Act provides a legislative basis for the creation and management of Australian Marine Parks, formerly known as Commonwealth Marine Reserves, which are critical in preserving the nation’s marine resources and fostering the economic and cultural well-being of local communities. The draft management plans for these parks, developed under Subsection 368(5), aim to balance conservation efforts with opportunities for public enjoyment and use, reflecting extensive input from various stakeholders, including traditional owners and the broader public.
The Commonwealth marine reserves, managed by Parks Australia on behalf of the Australian Government, encompass significant areas beyond the three nautical mile coastal limit. These draft management plans for the North, North-west, South-west, Temperate East, and Coral Sea marine parks outline the proposed management approaches for the next decade, focusing on protecting critical habitats and species while enabling continued public access. The plans are informed by scientific research, international best practices, and feedback from an independent review and the public. The invitation for comments is a crucial step in refining these plans to meet the policy objective of sustainable management and conservation of Australia’s marine environments.
Scope and Application
The draft management plans for Australian Marine Parks under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) apply to individuals and entities with interests in the marine parks situated in Commonwealth waters, beyond the three nautical miles from the coast. These plans are developed by Parks Australia on behalf of the Australian Government and encompass 44 marine parks across five networks: North, North-west, South-west, Temperate East, and the Coral Sea. The draft plans aim to balance the protection of marine habitats and features with the ongoing enjoyment of these areas by the public. The plans have been shaped by public feedback, traditional owner advice, international management insights, and scientific research. The consultation process invites individuals to provide their views on the draft plans, referencing specific marine parks or uses, and citing sources where possible. Submissions can be made via a feedback form, email, or written correspondence, with a deadline of 11.59 pm AEST on Wednesday, 20 September 2017. Submissions may be made public, and personal information will be handled in accordance with the Australian Privacy Principles. The draft plans are subject to review and amendment based on the feedback received, and the finalised plans will be tabled before Parliament.
Key Provisions
The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999, Subsection 368(5), provide for the drafting of management plans for Australian Marine Parks. These plans, as detailed in the Gazette, outline the proposed approach for managing 44 Australian Marine Parks over the next ten years. The Act mandates that these plans should be developed with careful consideration of marine habitats and features, while also allowing for continued public enjoyment of these areas. This is intended to ensure that the parks contribute positively to the wellbeing of local and regional communities. The draft management plans have been developed with various inputs, including public feedback, traditional owner advice, international experience, and scientific research.
The obligations and requirements imposed by the Act on the parties it governs include the necessity to develop comprehensive management plans that safeguard marine habitats and features, while balancing this with the need for public access and enjoyment. The Act requires the Director of National Parks to invite comments on these draft plans, ensuring that the public has an opportunity to provide input. This participatory approach is intended to enhance the quality and effectiveness of the management plans by incorporating diverse perspectives and expertise. The Act also requires that the feedback received be carefully considered, and where appropriate, incorporated into the final management plans. Additionally, the Act mandates that comments received are to be treated in accordance with the Australian Privacy Principles, ensuring that personal information is handled appropriately.
In terms of offences, penalties, or consequences for breach, the Act does not specify any civil or criminal penalties for non-compliance with the invitation to comment on draft management plans. However, failure to adhere to the requirements of the Environment Protection and Biodiversity Conservation Act 1999 in general may result in significant legal and financial repercussions. The Act empowers the Minister to take enforcement actions against entities that fail to comply with its provisions, which may include fines, legal proceedings, or other regulatory measures. The exact penalties for specific breaches would depend on the nature and severity of the non-compliance, as well as any relevant case law and statutory provisions. Nonetheless, the Act underscores the importance of adhering to its requirements to ensure the effective management of Australia's marine parks.