Notice of a Proposed Proclamation to Alter the Boundaries of the Macquarie Island Marine Park

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

Legislation au C2023G00334 In force Gazette

Legislation content

 

 

NOTICE OF A PROPOSED PROCLAMATION TO ALTER THE BOUNDARIES OF THE MACQUARIE ISLAND MARINE PARK

Environment Protection and Biodiversity Conservation Act 1999

Subsection 351(2)

 

The Director of National Parks (the Director) proposes to alter the existing Macquarie Island Marine Park Proclamation under section 350(1) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) to:

a.             extend its boundaries to include the area of sea described in this notice; and

b.             to change the existing IUCN zoning. 

 

Members of the public are invited to provide comments on the proposal outlined above. Comments will be included and considered in a report to be prepared by the Director for the Minister for the Environment and Water in accordance with subsections 344(1) and 351(1) of the EPBC Act.

 

A statement providing particulars of the proposed proclamation are detailed below, in accordance with subsection 351(3) of the EPBC Act.

 

Further information about the proposed expansion of Macquarie Island Marine Park is available at: http://www.parksaustralia.gov.au/marine/parks/south-east/macquarie-island/ including detailed maps.

 

Comments must be received no later than 22 May 2023, and should be submitted through the Department of Climate Change, Energy, the Environment and Water’s Have Your Say Portal at: https://consult.dcceew.gov.au/

 

Comments sent after 22 May 2023 will not be considered in the final report sent to the Minister for the Environment and Water from the Director of National Parks. All comments will be treated as public documents and may be published on the Director of National Parks’ website and/or the Department of Climate Change, Energy, the Environment and Water’s website.

 

All comments will be managed in accordance with the Director of National Parks’ privacy policy which is available at https://www.dcceew.gov.au/parks-heritage/national-parks/parks-australia/privacy-policy.

 

Further information on the South-east Marine Parks Network (including Macquarie Island Marine Park) and the management planning process is available via the website www.parksaustralia.gov.au/marine, or via email to MIMPexpansion@dcceew.gov.au.

 

Jody Swirepik

Director of National Parks

 


PARTICULARS OF PROPOSED PROCLAMATION

 

  1. Amendment of the Macquarie Island Marine Park Proclamation

a)      Extending the boundaries of the Macquarie Island Marine Park

b)     Changes to the zoning of the Macquarie Island Marine Park

  1. The Commonwealth reserve will continue to be known as the “Macquarie Island Marine Park”.
  2. The proposed boundary of this Commonwealth reserve is described in Schedule 1 to this notice.
  3. The purpose for which the Commonwealth reserve is to be declared is to provide for:
  1. The protection and conservation of biodiversity and other natural, cultural and heritage values.
  2. Ecologically sustainable use that supports positive social and economic outcomes.

d.      The Commonwealth reserve is to be assigned to the International Union for Conservation of Nature IUCN category II.

e.      The Commonwealth reserve is to be divided into three zones. The boundaries of these zones and the IUCN category to be assigned to each zone are described at Schedule 1 to this notice.

f.        The purposes for which it is intended to manage and use the Commonwealth reserve are to provide for:

  1. The protection and conservation of biodiversity and other natural, cultural and heritage values.
  2. Ecologically sustainable use that supports positive social and economic outcomes.

g.      The Commonwealth reserve is proposed to include the seabed to a depth of 100 metres.

Three zone types are proposed for Macquarie Island Marine Park. Consistent with both the International Union for Conservation of Nature (IUCN) categories proposed for these zones and the relevant Australian IUCN reserve management principles prescribed by the Schedule 8 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth), these zone types are:

 

Sanctuary zone (IUCN category Ia): To be managed to conserve ecosystems, habitats and native species in as natural and undisturbed a state as possible. The zone allows only authorised scientific research and monitoring.

 

National park zone (IUCN category II): To be managed to protect and conserve ecosystems, habitats and native species in as natural a state as possible. The zone only allows non-extractive activities unless authorised for research and monitoring.

 

Habitat protection zone (Macquarie) (IUCN category IV): To be managed to support the pelagic habitats in the waters surrounding Macquarie Island. The zone aims to ensure the maintenance of ecosystems, habitats and native species through sustainable resource management.  

 

In this Schedule:

Exclusive Economic Zone means the exclusive economic zone, as it is defined by the Seas and Submerged Lands Act 1973 (‘the SSL Act’), including any amendments to this act.

 

Macquarie Island Marine Park means the area by this name, proclaimed under Proclamation - Macquarie Island Marine Park, and continuing under the EPBC Act.

Territorial sea baseline means the baseline as defined by the Seas and Submerged Lands (Territorial Sea Baseline) Proclamation 2016, made pursuant to section 7 of the SSL Act, and as applying to Macquarie Island.

PART 1 – PROPOSED MACQUARIE ISLAND MARINE PARK

1  Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) Commonwealth reserve;

(b) exclusive economic zone;

(c) coastal waters

(d) IUCN category.

  In this instrument:

Act means the Environment Protection and Biodiversity Conservation Act 1999.

 

 

 

2  Geographic coordinates

 (1) Geographic coordinates in this instrument are expressed in terms of the Geocentric Datum of Australia 1994.

Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN 35 of 6 September 1995.

Schedule — Macquarie Island Marine Park

1.1  Area of reserve

(1) The Macquarie Island Marine Park consists of an area in the Southern Ocean that is enclosed by:

(a) the boundary of the outer limit of Australia’s exclusive economic zone adjacent to Macquarie Island; and

(b) the three nautical mile coastal waters limit adjacent to Macquarie Island.

1.2  Zones for reserve

 (1) The Macquarie Island Marine Park is divided into the following zones:

  (a) the sanctuary zone described in clause 1.3 of this Part;

  (b) the national park zone described in clause 1.4 of this Part;

  (c)  the habitat protection zone (Macquarie) described in clause 1.5 of this Part.

(2) The sanctuary zone described in clause 1.3 of this Part is assigned to IUCN category Ia (sanctuary zone).

(3)  The national park zone described in clause 1.4 of this Part is assigned to IUCN category II (national park).

(4) The habitat protection zone (Macquarie) described in clause 1.5 of this Part is assigned to IUCN category IV (habitat/species management area).

1.3  Zone 1 of reserve—sanctuary zone

Zone 1 of the reserve (also identified as semacsan01) consists of an area east of Macquarie Island that is bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.

 

Zone 1 of reserve—boundary line

Item

Description

1

The point of latitude 54°00′00″S, longitude 159°05′00″ E

2

South-easterly along the geodesic to its intersection with the outer edge of the exclusive economic zone closest to the point of latitude 54°58′01.01″S, longitude 164°38′42.07″E

3

Generally southerly along the outer edge of the exclusive economic zone to the point closest to Latitude 56°30′37.74″S and Longitude 164°03′25.04″ E

4

North-westerly along the geodesic to the point on the seaward limit of Coastal Waters around Bishop and Clerk Islands closest to Latitude 55°10′ 23.16″S and Longitude 158° 40′ 35.01″E;

5

Anti-clockwise around the seaward limit of Coastal Waters around Bishop and Clerk Islands to the point closest to Latitude 55°06′40.56″S and Longitude 158°35′23.65″E

6

North-westerly along the geodesic to the point on the seaward limit of Coastal Waters around Macquarie Island closest to Latitude 54°45′04.42″S and Longitude 158°41′24.15″E

7

Anticlockwise around the seaward limit of Coastal Waters around Macquarie Island to the point closest to Latitude 54°29′23.00″S and Longitude 158°46′29.01″E

8

North-easterly along the geodesic to the point on the seaward limit of Coastal Waters around Judge and Clerk Island closest to Latitude 54°21′25.00″S and Longitude 158°54′24.61″E

9

Anticlockwise around the seaward limit of Coastal Waters around Judge and Clerk Islands to the point closest to Latitude 54°20′58.75″S and Longitude 159°05′00″E; and

10

North along that meridian of longitude 159°05′00″E to the point of commencement.

 

1.4  Zone 2 of reserve—national park zone

  Zone 2 of the reserve (also identified as semacnpz02) consists of an area enclosed by the Macquarie Island exclusive economic zone that is bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.

 

 

Zone 2 of reserve—boundary line

Item

Description

1

The point of latitude 52°42′26″S, longitude 161°09′04″E

2

South-westerly along the geodesic to the point of latitude 54°03′59.68″S and longitude 159°25′00″E

3

South-easterly along the geodesic to its intersection with the outer edge of the exclusive economic zone closest to the point of latitude 54°58′01.01″S, longitude 164°38′42.07″E

4

Anti-clockwise along the outer edge of the exclusive economic zone to the point closest to latitude 56°30′37.74″S and longitude 164°03′25.04″ E

5

North-westerly along the geodesic to the point on the seaward limit of Coastal Waters around Bishop and Clerk Islands closest to latitude 55°10′ 23.16″S and longitude 158° 40′ 35.01″E

6

Anti-clockwise around the seaward limit of Coastal Waters around Bishop and Clerk Islands to the point closest to latitude 55°07′22.90″S and longitude 158°35′16″E

7

South along the meridian of longitude 158°35′16″E to its intersection by the parallel of latitude 56°50′30″S

8

West along the parallel of latitude 56°50′30″S to its intersection by the meridian of longitude 158° 2'15″E

9

North along the meridian of longitude 158°2'15″E to its intersection by the parallel of latitude 53°53′57″S

10

North-westerly along the geodesic to the point latitude 52°42′26″S, longitude 159°16′50″E

11

East along the parallel of latitude 52°42′26″S to the point of commencement.

 

1.5  Zone 3 of reserve—habitat protection zone (Macquarie)

Zone 3 of the reserve (also identified as semachpz03) consists of an area west of Macquarie Island that is bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.

 

Zone 3 of reserve—boundary line

Item

Description

1

The point of latitude 52°42′26″S, longitude 159°16′50″E

2

East along the parallel of latitude 52°42′26″S to its intersection by the meridian of longitude 161°09′04″E

3

South-westerly along the geodesic to the point of Latitude 54°03′59.68″S and Longitude 159°25′00″E

4

North-westerly along the geodesic to the point of latitude 54°00′00″S, longitude 159°05′00″ E

5

South along that meridian of longitude 159°05′00″E to the point on the seaward limit of Coastal Waters around Judge and Clerk Islands closest to latitude 54°20′58.75″S and longitude 159°05′00″E

6

Anti-clockwise around the seaward limit of Coastal Waters around Judge and Clerk Island to the point closest to Latitude 54°21′25.00″S and Longitude 158°54′24.61″E

7

South-easterly along the geodesic to the point on the seaward limit of Coastal Waters around Macquarie Island closest to latitude 54°29′23.00″S and longitude 158°46′29.01″E

8

Anticlockwise around the seaward limit of Coastal Waters around Macquarie Island to the point closest to latitude 54°45′04.42″S and longitude 158°41′24.15″E

9

South-easterly along the geodesic to the point on the seaward limit of Coastal Waters around Judge and Clerk Island closest to Latitude 55°06′40.56″S and Longitude 158°35′23.65″E

10

Anti-clockwise around the seaward limit of Coastal Waters around Bishop and Clerk Islands to the point closest to latitude 55°07′22.90″S and longitude 158°35′16″E

11

South along the meridian of longitude 158°35′16″E to its intersection by the parallel of latitude 56°50′30″S

12

West along the parallel of latitude 56°50′30″S to its intersection by the meridian of longitude 158° 2' 15″E

13

North along the meridian of longitude 158°2'15″E to its intersection by the parallel of latitude 53°53′57″S

14

North-westerly along the geodesic to the point of commencement

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the problem of protecting Australia's biodiversity and natural heritage. The Act provides a framework for the protection of the environment, including threatened species and ecological communities, and for the regulation of activities that may impact on the environment. The EPBC Act was introduced to address the gap in environmental protection laws and to provide a national framework for the protection of the environment. The Act is administered by the Australian Government and is overseen by the Minister for the Environment and Energy. The policy objective of the EPBC Act is to promote the protection and conservation of biodiversity and other natural, cultural, and heritage values, and to provide for ecologically sustainable use that supports positive social and economic outcomes. The Director of National Parks, Jody Swirepik, has proposed to alter the boundaries of the Macquarie Island Marine Park under section 350(1) of the EPBC Act. The proposal aims to extend the boundaries of the park to include an area of sea and to change the existing zoning. Members of the public are invited to provide comments on the proposal, which will be considered in a report prepared by the Director for the Minister for the Environment and Water. The proposed alterations to the Macquarie Island Marine Park aim to provide for the protection and conservation of biodiversity and other natural, cultural, and heritage values, and to provide for ecologically sustainable use that supports positive social and economic outcomes.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) provides the legislative framework for the proposed alteration of the boundaries of the Macquarie Island Marine Park, extending its coverage to include a specified area of sea and modifying its zoning to better align with conservation objectives. The Act applies to the Commonwealth, and the proposed alterations are subject to public consultation, with feedback invited from the public and stakeholders. Submissions must be made by 22 May 2023, through the Department of Climate Change, Energy, the Environment and Water’s Have Your Say Portal. The Macquarie Island Marine Park, which is a Commonwealth reserve, aims to protect and conserve biodiversity and other natural, cultural, and heritage values while allowing for ecologically sustainable use that supports positive social and economic outcomes. The proposed changes include extending the boundaries of the park to encompass additional marine areas and reassigning zones according to the International Union for Conservation of Nature (IUCN) categories. The park will be divided into three zones: a sanctuary zone, a national park zone, and a habitat protection zone, each with specific management objectives and restrictions on activities to ensure the conservation of marine ecosystems and biodiversity. Comments on the proposal will be considered in a report prepared by the Director of National Parks for the Minister for the Environment and Water. All submissions will be treated as public documents and may be published on relevant government websites.

Key Provisions

The proposed alteration to the Macquarie Island Marine Park Proclamation (C2023G00334) involves significant changes to the boundaries and zoning of the park under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The Director of National Parks proposes to extend the boundaries of the park to include a specific area of sea, and to modify the existing zoning categories (sections 350(1) and 351(2)). The proposed changes are aimed at enhancing the protection and conservation of biodiversity and natural values while allowing for ecologically sustainable use (subsections 351(3) and (4)). Members of the public are invited to provide comments on this proposal, which will be considered in the report prepared by the Director for the Minister for the Environment and Water (subsections 344(1) and 351(1)). The obligations imposed by this proposed proclamation include the management of the Macquarie Island Marine Park to protect and conserve biodiversity and natural values. The park will be divided into three zones, each assigned a specific IUCN category and corresponding management objectives. The sanctuary zone (IUCN category Ia) will be managed to conserve ecosystems and native species in a natural and undisturbed state, allowing only authorised scientific research and monitoring. The national park zone (IUCN category II) will protect and conserve ecosystems and native species in a natural state, permitting non-extractive activities only if authorised for research and monitoring. The habitat protection zone (IUCN category IV) will support pelagic habitats, aiming to maintain ecosystems and native species through sustainable resource management. These obligations are detailed in Schedule 1 of the notice and are consistent with the IUCN reserve management principles and the EPBC Regulations. The proposed proclamation also outlines potential civil and criminal consequences for non-compliance. Offences under the EPBC Act can result in significant penalties. For instance, unauthorised activities in a sanctuary zone could lead to criminal penalties, including fines of up to $66,000 for individuals and $330,000 for bodies corporate, as well as imprisonment for up to five years. Similar penalties apply for non-compliance in the national park and habitat protection zones, depending on the severity of the breach. Additionally, civil penalties may be imposed for breaches of the EPBC Act, with fines that can reach up to $1.1 million for serious or repeated offences. These penalties are designed to enforce compliance and uphold the objectives of the Macquarie Island Marine Park. In summary, the proposed proclamation under the EPBC Act seeks to extend the boundaries of the Macquarie Island Marine Park and modify its zoning to better protect and conserve biodiversity and natural values. The public is invited to provide comments on the proposal, which will be considered in the report to the Minister. The obligations include the management of the park according to the specified IUCN categories and principles, with potential criminal and civil penalties for non-compliance.

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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.