North-west Marine Parks Network Management Plan 2018

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2018L00322 In force Legislative Instrument

Legislation content

 

Explanatory Statement

 

Environment Protection and Biodiversity Conservation Act 1999

 

North-west Marine Parks Network Management Plan 2018

 

 

Background

The North-west Marine Parks Network (the North-west Network) consists of 13 Commonwealth marine parks that lie off the coast of Western Australia. The Commonwealth reserves that form the North-west Network were declared by Proclamation  under section 344 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) on 12 December 2013 as amended by a Proclamation made under section 350 of the Act on 9 October 2017 to change the name of the reserves from “Commonwealth Marine Reserve” to ‘Marine Park”.

 

Management of the North-west Network is the function of the Director of National Parks (the Director) under the EPBC Act. 

 

The North-west Network includes the following marine parks:

 

  • Shark Bay Marine Park
  • Carnarvon Canyon Marine Park
  • Ningaloo Marine Park
  • Gascoyne Marine Park
  • Montebello Marine Park
  • Dampier Marine Park
  • Eighty Mile Beach Marine Park
  • Roebuck Marine Park
  • Mermaid Reef Marine Park
  • Argo-Rowley Terrace Marine Park
  • Kimberley Marine Park
  • Ashmore Reef Marine Park
  • Cartier Island Marine Park

 

The marine parks of the North-west Network were established to protect and maintain marine biodiversity, contribute to the National Representative System of Marine Protected Areas (NRSMPA) and to help ensure the long-term ecological viability of Australia’s marine ecosystems. The conservation values that the marine parks help to protect include:

 

  • ecosystems, habitats, communities, species and sea-floor features found within the provincial bioregions of the North-west Marine Region
  • ecological features with high biodiversity value, species richness and endemism
  • cultural and heritage values
  • a number of species listed as endangered or vulnerable under Commonwealth legislation or international agreements
  • habitats important for protected species

 

 

Overview of the Legislative instrument

The EPBC Act and associated Regulations prohibit certain activities from occurring in the North-west Network and other Commonwealth reserves unless permitted by a management plan prepared in accordance with Section 368 of the EPBC Act. A management plan is therefore an enabling document. It allows management, recreational and commercial activities to occur that would otherwise be restricted under EPBC legislation.

 

The North-west Marine Parks Network Management Plan 2018-2028 also sets out programs and actions that the Director will implement during the life of the plan to work toward the dual objective of biodiversity conservation and ecologically sustainable use within the North-west network.

 

Structure and Content of the Management Plan

The Management Plan consists of two Chapters, each with two parts and five schedules:

  • Chapter 1 Introduction includes:
    • Part 1 Managing Australian Marine Parks outlines the context and approach to managing marine parks.  
    • Part 2 The North-west Marine Parks Network provides a summary of the North-west Network including natural, cultural, heritage, social and economic values, and the pressures facing the Network and the management programs and actions to protect values and manage pressures.
  • Chapter 2 Management and prescriptions  includes:
    • Part 3 Zoning details the International Union for the Conservation of Nature (IUCN) categories assigned to each marine park and zone, and provides zone objectives.
    • Part 4 Managing activities provides the rules about what activities can and cannot occur within zones, and outlines the assessment and decision-making processes and the types of authorisations (permits, class approvals, commercial activity licences and leases).
    • Glossary lists terms and words used in the plan.
  • Five Schedules
    • Schedule 1 Summary of legislative and policy contexts includes the legislative and policy context for managing marine parks with respect to the EPBC Act and EPBC Regulations, and other relevant legislation and international agreements.
    • Schedule 2 North-west Network overview and values provides a summary of the marine parks as proclaimed, a description of values and a map for each park.
    • Schedule 3 Environmental features used in design of the North-west Network describes the environmental features used to identify areas for protection in the marine parks. These include bioregions, depth ranges, seafloor features and key ecological features.
    • Schedule 4 North-west Network marine parks and zone boundary descriptions lists the coordinates of each marine park and zone.
    • Schedule 5 Supporting information lists references used in preparing this plan.

 

Consultation

On 5 September 2016, in accordance with Section 368 of the EPBC Act, a Notice of Intent was published in the Australian Government Gazette, The Australian and relevant State circulating newspapers and placed on the Department of the Environment and Energy’s website. The Notice of Intent invited comment on the Director of National Park’s proposal to prepare draft management plans for the South-west, North-west, North, Temperate East Networks and the Coral Sea Marine Park. Invitations to comment were also provided to Native Title representative bodies, peak Indigenous representative bodies, Native Title holders, Indigenous research institutions and Indigenous ranger organisations interested in the marine parks of the North-west Network.

 

This comment period closed on 31 October 2016 with a total of 54 332 submissions received. The comments received were considered in preparing the Draft Management Plan.

 

The draft Management Plan for the North-west Network was released for public comment on 21 July 2017. As required under the EPBC Act, the Director published a notice inviting comments on the draft Management Plan in the Australian Government Gazette, The Australian and relevant State circulating newspapers and on the department’s website. Copies of the draft Management Plan were made available through the Department’s Community Information Unit and on the Department’s website. Comments on the draft plan closed on 20 September 2017. A total of 82,877 submissions were received.

 

The Minister considered all comments received in approving the Management Plan.

 

Regulation Impact Statement

In accordance with requirements for new regulatory instruments, a Regulatory Impact Statement has been prepared.

 

Period of Operation

The Management Plan will come into effect on 1 July 2018. It will cease to have effect on 30 June 2028, unless revoked earlier and replaced by a new Management Plan.

 

Legislative Instrument

The Management Plan is a legislative instrument for the purposes of the Legislation Act 2003.

 

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

North-west Marine Parks Network Management Plan 2018

 

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The EPBC Act and associated Regulations prohibit certain activities from occurring in the North-west Network and other Commonwealth reserves unless permitted by a management plan prepared in accordance with Section 368 of the EPBC Act. A management plan is therefore an enabling document. It allows management, recreational and commercial activities to occur that would otherwise be restricted under EPBC legislation.

 

The North-west Marine Parks Network Management Plan 2018-2028 also sets out programs and actions that the Director will implement during the life of the plan to work toward the dual objective of biodiversity conservation and ecologically sustainable use within the North-west network.

 

Human Rights Implications

The Management Plan engages with the following human rights:

 

Right to self-determination

Although there is no universally accepted agreement on what is required to meet this right, it is generally accepted that it includes allowing people to pursue their economic, cultural and social development. The Management Plan promotes this right through consultation and consideration of stakeholders views on their economic, cultural and social aspirations for marine parks, and in particular contains the Indigenous engagement program and actions that support involvement of marine users and Indigenous people in managing the North-west Network. 

 

Right to freedom of movement

In order to achieve the objectives of the Management Plan it is necessary to restrict some access and uses that may impact on the natural and cultural values in some marine parks. This may involve the right to freedom of movement; however, this is not an absolute right and may be subject to permissible limitations where there is a legitimate objective, in this case the conservation and protection of natural and cultural values into the future, and the response is reasonable, necessary and proportionate. Limitations on access and use of marine parks under the Management Plan are reasonable and considered responses to the potential threats posed to achieving the objectives of the Management Plan.

 

The Management Plan places some limits on innocent passage through the territorial sea and freedom of navigation through the exclusive economic zone under the United Nations Convention on the Law of the Sea (UNCLOS).  The limitations apply to protect the environmental values and habitats of certain areas and are consistent with Australia's rights and obligations under UNCLOS; and also do not affect vessels responding to circumstances of force majeure or distress (eg. due to extreme weather) or for the purpose of rendering assistance to other persons and vessels in danger or distress.

 

Right to privacy

The Management Plan allows the Director in some instances to require users of the marine parks to provide information about the activities they conduct within the marine parks. This potentially includes commercial-in-confidence information such as the location of the activity or number of people undertaking an activity. The right to privacy is not absolute, and any requests for information are used to inform future management arrangements. The information collected will be handled and managed in accordance with the Commonwealth Privacy legislation.

 

Right to enjoy and benefit from culture

The right to enjoy and benefit from culture includes allowing people to take part in cultural life and enjoy the benefits of scientific progress. The Management Plan promotes this right by seeking to involve interested stakeholders, the community and Indigenous people in management actions through recognising native title interests and by implementing a number of principles, programs and actions. The Management Plan may limit this right in some instances where proposed activities are not consistent with the primary objective of the Management Plan to protect and conserve biodiversity and other natural and cultural values. However, these instances are expected to be rare, and will be carefully considered prior to a decision being undertaken. Section 8 of the EPBC Act does not affect the operation of the Native Title Act 1993 including of s.211 of that Act, which allows native title holders to hunt (and undertake other activities) in the exercise of native title rights without a permit or licence.   

 

Conclusion

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 and to the extent that it may limit any human rights, those limitations are reasonable, necessary and proportionate.

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and to establish a framework for the conservation of biodiversity. The Act was introduced to address the problem of inadequate protection for Australia's unique ecosystems, species, and natural heritage, and to provide a legislative mechanism for their conservation. The EPBC Act was enacted by the Parliament of Australia, and its policy objective is to balance environmental protection with sustainable development. The North-west Marine Parks Network Management Plan 2018, prepared under the authority of the EPBC Act, aims to enable activities that would otherwise be restricted by the Act while achieving the dual objectives of biodiversity conservation and ecologically sustainable use within the North-west marine parks network. The Management Plan provides rules for activities within the marine parks, sets out programs and actions for their management, and ensures compatibility with human rights and international obligations. The Management Plan is an enabling document under the EPBC Act, allowing certain activities in the North-west Network and other Commonwealth reserves that would otherwise be prohibited. It outlines the approach to managing the marine parks, summarises the North-west Network, and details the zoning categories, objectives, and rules for activities. The Plan also engages with human rights, promoting self-determination, freedom of movement, privacy, and cultural enjoyment while balancing these rights with the primary objective of protecting and conserving biodiversity and other natural and cultural values. The Management Plan is compatible with human rights and international obligations, ensuring that any limitations on these rights are reasonable, necessary, and proportionate.

Scope and Application

The North-west Marine Parks Network Management Plan 2018, which is a legislative instrument under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), applies to the management of the 13 Commonwealth marine parks that constitute the North-west Marine Parks Network off the coast of Western Australia. These marine parks were proclaimed under the EPBC Act and their management falls under the purview of the Director of National Parks. The primary objective of the Management Plan is to enable and regulate activities that would otherwise be restricted under the EPBC Act and associated Regulations, while simultaneously working towards the dual objective of biodiversity conservation and ecologically sustainable use within the North-west Network. The Plan also sets out specific programs and actions that the Director will implement during its period of operation from 1 July 2018 to 30 June 2028. The Plan considers various human rights, including the right to self-determination, freedom of movement, privacy, and enjoyment and benefit from culture, ensuring that any limitations imposed are reasonable, necessary, and proportionate to the objectives of the Plan. The North-west Marine Parks Network Management Plan 2018 provides a legislative framework that governs the management, recreational, and commercial activities within the North-west Marine Parks Network. It enables activities that are otherwise prohibited under the EPBC Act and associated Regulations, subject to the conditions and prescriptions outlined in the Plan. The Plan also includes an Indigenous engagement program and actions to support the involvement of marine users and Indigenous people in the management of the Network. The Plan addresses various human rights, ensuring that any limitations on these rights are reasonable, necessary, and proportionate to the objectives of the Plan. Additionally, the Plan does not affect the operation of the Native Title Act 1993, including section 211, which allows native title holders to hunt and undertake other activities in the exercise of native title rights without a permit or licence.

Key Provisions

The North-west Marine Parks Network Management Plan 2018, as a legislative instrument under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), establishes specific provisions for managing the North-west Network, which comprises 13 Commonwealth marine parks off the coast of Western Australia. This plan, which came into effect on 1 July 2018 and will cease on 30 June 2028 unless revoked earlier, sets out the management rules, programs, and actions for biodiversity conservation and ecologically sustainable use within the network. It is divided into two chapters, each with two parts and five schedules, providing detailed information on the management approach, the network's values, zoning, activities, and supporting information. The plan also considers human rights, including the right to self-determination, freedom of movement, privacy, and cultural enjoyment, ensuring that any limitations imposed are reasonable, necessary, and proportionate to the conservation objectives. The Management Plan imposes several obligations and requirements on the parties and entities it governs. Firstly, it mandates the Director of National Parks to implement the programs and actions outlined in the plan to achieve the dual objectives of biodiversity conservation and ecologically sustainable use. This includes the establishment and enforcement of zoning categories, which range from strict protection to sustainable use, ensuring that activities within the network are managed to protect the marine ecosystem. Furthermore, the plan requires consultation with stakeholders, including Indigenous communities, to ensure that their views and aspirations are considered in the management of the network. Additionally, the plan mandates the collection and management of information from users of the marine parks to inform future management decisions, subject to privacy legislation. Breach of the provisions in the North-west Marine Parks Network Management Plan 2018 can result in various civil and criminal consequences. Under the EPBC Act, unauthorised activities within the network can lead to fines and imprisonment. For instance, entering a marine park without a permit or contravening the conditions of a permit can result in fines of up to $222,200 for individuals and $1,111,000 for corporations, along with potential imprisonment for up to two years. Additionally, damaging protected species or habitats can lead to more severe penalties, with fines up to $666,600 for individuals and $3,333,000 for corporations, and imprisonment for up to five years. The plan also includes provisions for the Director to take enforcement actions, such as issuing infringement notices for minor breaches or pursuing legal action for more serious offences. The North-west Marine Parks Network Management Plan 2018 also includes provisions for the assessment and management of risks to human health and the environment. This involves the implementation of risk management plans for activities that may pose a risk, such as oil and gas exploration and extraction, and the monitoring and reporting on the impacts of these activities. The plan requires the Director to conduct environmental assessments and obtain necessary approvals before allowing certain activities to proceed. Furthermore, the plan includes measures to mitigate the potential impacts of climate change on the network, such as increasing the resilience of marine ecosystems and reducing greenhouse gas emissions from activities within the network. These provisions are designed to ensure that the management of the network is carried out in a manner that balances conservation objectives with sustainable use, while also protecting human health and the environment.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.