Notice Inviting Comments on the Proposal to Prepare a Draft Management Plan

Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Australian Parliament, addresses the protection of the environment and biodiversity through various conservation mechanisms, including the management of marine parks. In line with this legislative framework, the Director of National Parks has issued a notice under subsection 368(2) to invite public input on the preparation of a draft management plan for the South-east Marine Parks Network. The current management plan, known as the South-east Commonwealth Marine Reserves Network Management Plan 2013-23, is set to expire on 30 June 2023. The notice aims to gather suggestions on the future management of the network, which comprises 14 marine parks, to ensure effective conservation and sustainable use of marine resources. Submissions are due by 11:59 PM AEDT on 22 May 2023 and should be submitted through the Department of Climate Change, Energy, the Environment and Water’s Have Your Say Portal. The collected comments will contribute to the development of a new management plan guiding the conservation efforts of the South-east Marine Parks Network for the next decade.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a broad range of entities and conduct across the Commonwealth of Australia, with a particular focus on actions that may impact matters of national environmental significance. The Act covers individuals, corporations, and government entities, imposing obligations and providing mechanisms for the protection of the environment, including biodiversity, heritage, and ecological communities. The Act also governs the creation and management of marine parks, including the South-east Marine Parks Network, which comprises 14 distinct parks along the south-eastern coast of Australia. The Director of National Parks, under the auspices of this Act, is responsible for preparing management plans for these marine parks, with the current plan set to expire on 30 June 2023. The notice inviting public comments on the draft management plan extends to all interested parties, encouraging contributions from the public to shape the future management of these marine parks. Submissions must be made by 11:59 PM AEDT on 22 May 2023, and will be considered public documents, managed according to the privacy policy of the Director of National Parks.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (section 368(2)) mandates that the Director of National Parks must prepare a draft of the next management plan for the South-east Marine Parks Network (section 368(2)). This plan will govern the management of 14 marine parks for the next decade, including Apollo, Beagle, Boags, East Gippsland, Flinders, Franklin, Freycinet, Huon, Macquarie Island, Murray, Nelson, South Tasman Rise, Tasman Fracture, and Zeehan Marine Parks. The current management plan expires on 30 June 2023 but will remain in effect until a new plan is adopted. Members of the public are encouraged to submit comments on the proposed management plan by 11:59 PM AEDT on 22 May 2023, via the Department of Climate Change, Energy, the Environment and Water's Have Your Say Portal. All comments will be treated as public documents and may be published on the Director of National Parks’ or the Department of Climate Change, Energy, the Environment and Water's websites. The Act imposes obligations on the Director of National Parks to prepare a draft management plan for the South-east Marine Parks Network and to invite public comments on the plan. The public has the opportunity to provide feedback on the management of the marine parks, which the Director must consider in the draft plan. Additionally, the Director must ensure that all comments and personal information are managed in accordance with the privacy policy applicable to the Director of National Parks. The Act also requires the Director to manage all comments and personal information in accordance with the privacy policy applicable to the Director of National Parks. There are no specific offences, penalties, or consequences outlined in this notice for breach of the Act. However, the Act provides for a range of offences and penalties for breaches of the Environment Protection and Biodiversity Conservation Act 1999, including fines of up to $1.1 million for individuals and $5.5 million for corporations for serious or repeated breaches. The Act also provides for civil and criminal penalties for offences related to the protection of threatened species and ecological communities, as well as for unauthorised activities in marine parks. The maximum penalties for these offences vary depending on the specific offence and the circumstances of the case.