Environment Protection and Biodiversity Conservation Regulations 2000
Sub-regulation 12.34(3)
MACQUARIE ISLAND MARINE PARK
PROHIBITION OF COMMERCIAL FISHING PRACTICES IN NATIONAL PARK ZONE AND SANCTUARY ZONE
I, BARBARA MUSSO, Branch Head, Parks Australia, Department of Climate Change, Energy, the Environment and Water, as delegate of the Director of National Parks pursuant to sub-regulation 12.34(3) of the Environment Protection and Biodiversity Conservation Regulations 2000 HEREBY DETERMINE that all commercial fishing practices are prohibited in the following areas of Macquarie Island Marine Park, as defined in the Environment Protection and Biodiversity Conservation Amendment (Macquarie Island Marine Park) Proclamation 2023:
- The National Park Zone (IUCN Category II); and
2. The Sanctuary Zone (IUCN Category Ia)
In this determination:
Commercial fishing has the meaning given by section 390SC(1A) of the Environment Protection and Biodiversity Conservation Act 1999.
Macquarie Island Marine Park as described in the Environment Protection and Biodiversity Conservation Amendment (Macquarie Island Marine Park) Proclamation 2023.
This determination commences on 1 July 2023 and remains in effect until it is revoked or amended.
Dated 29 June 2023
Barbara Musso
Branch Head, Parks Australia
Delegate of the Director of National Park
Overview
The Environment Protection and Biodiversity Conservation Regulations 2000, as amended by the Environment Protection and Biodiversity Conservation Amendment (Macquarie Island Marine Park) Proclamation 2023, introduce a prohibition on commercial fishing practices within specific zones of the Macquarie Island Marine Park. This legislation was enacted to address the need for stricter environmental protections in these marine areas, which are designated as either a National Park Zone (IUCN Category II) or a Sanctuary Zone (IUCN Category Ia). The policy objective of this regulation is to safeguard the unique biodiversity and ecological integrity of Macquarie Island, thereby ensuring the conservation of its marine environments. The regulations were issued by Barbara Musso, Branch Head of Parks Australia, on behalf of the Director of National Parks, under the authority granted by sub-regulation 12.34(3) of the Environment Protection and Biodiversity Conservation Regulations 2000. This determination took effect from 1 July 2023 and will remain in force until revoked or amended.
Scope and Application
The Macquarie Island Marine Park Prohibition of Commercial Fishing Practices in National Park Zone and Sanctuary Zone is a legislative instrument issued under the authority of the Environment Protection and Biodiversity Conservation Regulations 2000. This regulation applies to all commercial fishing practices as defined in section 390SC(1A) of the Environment Protection and Biodiversity Conservation Act 1999 and pertains specifically to the National Park Zone (IUCN Category II) and the Sanctuary Zone (IUCN Category Ia) within the Macquarie Island Marine Park, as outlined in the Environment Protection and Biodiversity Conservation Amendment (Macquarie Island Marine Park) Proclamation 2023. The scope of the Act includes any entity or individual engaged in commercial fishing activities within the designated zones of the Macquarie Island Marine Park. The Act’s jurisdictional reach is under Commonwealth law, and it extends to all waters and marine areas within the specified zones of the Marine Park. The regulation came into effect on 1 July 2023 and will remain in force until revoked or amended. Subordinate instruments may further define the scope and specifics of what constitutes commercial fishing within the context of this Act.
Key Provisions
The Macquarie Island Marine Park Prohibition of Commercial Fishing Practices in National Park Zone and Sanctuary Zone is a legislative instrument that, pursuant to sub-regulation 12.34(3) of the Environment Protection and Biodiversity Conservation Regulations 2000, establishes a ban on all commercial fishing activities in the National Park Zone (IUCN Category II) and the Sanctuary Zone (IUCN Category Ia) of the Macquarie Island Marine Park. This prohibition is in effect from 1 July 2023 and will remain in force until it is formally revoked or amended. It is important to note that the term "commercial fishing" is defined by section 390SC(1A) of the Environment Protection and Biodiversity Conservation Act 1999, and the Macquarie Island Marine Park is defined in the Environment Protection and Biodiversity Conservation Amendment (Macquarie Island Marine Park) Proclamation 2023.
The primary obligation of this legislation is to protect the biodiversity and ecological integrity of the Macquarie Island Marine Park by prohibiting commercial fishing practices in the specified zones. The intent behind this is to safeguard the unique marine environment, including its flora and fauna, from the potential impacts of commercial fishing activities. This includes the prohibition of activities such as trawling, longlining, and other forms of commercial fishing that may harm the marine ecosystem.
Failing to comply with this legislation could result in significant legal consequences. The Environment Protection and Biodiversity Conservation Act 1999 outlines various offences related to breaches of the Act and its regulations. For example, unauthorised commercial fishing activities within the designated zones could be considered a contravention of the Act, potentially leading to civil or criminal penalties. The exact penalties are not specified in the text of this particular legislative instrument, but under the Act, the maximum penalties for such offences can include substantial fines and, in some cases, imprisonment. It is crucial for individuals and entities involved in fishing activities to adhere to the regulations to avoid these potential consequences.