Notice of Proposed Proclamation to Amend Norfolk Marine Park, Lord Howe Marine Park and Gifford Marine Park and to Revoke Cascade Pier from Norfolk Marine Park

Environment Protection and Biodiversity Conservation Act 1999

Subsection 351(2)

NOTICE OF PROPOSED PROCLAMATION TO AMEND NORFOLK MARINE PARK, LORD HOWE MARINE PARK AND GIFFORD MARINE PARK AND TO REVOKE CASCADE PIER FROM NORFOLK MARINE PARK

The Director of National Parks is seeking comments on a proposed proclamation to amend the Environment Protection and Biodiversity Conservation (Commonwealth Marine Reserves) Proclamation 2013 under section 350(1) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) in relation to Norfolk Marine Park, Lord Howe Marine Park and Gifford Marine Park.

The Director of National Parks proposes to amend the boundaries of, and zoning within, the existing Norfolk Marine Park and Lord Howe Marine Park to include the area of sea and zoning described in this notice. The proposed changes to Lord Howe Marine Park would result in Gifford Marine Park becoming part of the expanded Lord Howe Marine Park. As a result, Gifford Marine Park would no longer exist as a separate park. The proposed partial revocation of the Cascade Pier from Norfolk Marine Park would result in that area ceasing to form part of the park.

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 of National Parks for the Minister for the Environment and Water in accordance with sections 351(1) and (2) of the EPBC Act.

The relevant marine parks are located around Norfolk Island and Lord Howe Island in the Pacific Ocean and the proposed changes have been informed by consultation with the communities of these islands.

A statement providing particulars of the proposed proclamation is detailed below, in accordance with section 351(3) of the EPBC Act. Further details are in Schedule 1.

How to provide comments online

Comments should be submitted to the Department of Climate Change, Energy, the Environment and Water’s Have Your Say Portal at: consult.dcceew.gov.au/.

Have Your Say comments must be received by 4:00 pm Australian Eastern Standard Time (4:30 pm Lord Howe Standard Time and 5:00 pm Norfolk Time) 30 September 2026. Comments received after the consultation period closes or via other means may not be considered in accordance with the EPBC Act.

Alternative options for providing hard-copy comments

Hard copy submissions can be sent to:

Marine Planning Section

Parks Australia Division

PO Box 385  

KINGSTON  

TAS 7050 

For residents of Norfolk Island hard-copy comments can be provided to the Norfolk Island National Park Tender Box with the following address:

Marine Planning Section

Marine and Island Parks Branch

Norfolk Island National Park Office

Mt Pitt Rd

Norfolk Island 2899

Hard copies must be submitted by 4:00 pm Australian Eastern Standard Time (AEST) (4:30 pm Lord Howe Standard Time and 5:00 pm Norfolk Time), 30 September 2026. Hard copy comments sent after the consultation period closes or via other means may not be considered in accordance with the EPBC Act.

Related consultation

At the same time, the Director of National Parks is undertaking a separate consultation process, seeking comments on the preparation of 6 draft management plans for 44 Australian Marine Parks (within the North, North-west, South-west and Temperate East networks and the Coral Sea Marine Park).

Comments should be submitted through the Department of Climate Change, Energy, the Environment and Water’s Have Your Say Portal at: consult.dcceew.gov.au/

If you wish to provide a hard copy submission on both the preparation of draft management plans and the proposed proclamations, please clearly identify this so it can be considered as part of the relevant consultation process.

Privacy notice

If you choose to make a submission to this consultation process, we will collect personal information about you. Please review this notice before submitting your response.

The Director of National Parks (the Director) is subject to the Privacy Act 1988 (Cth) and the Australian Privacy Principles. In carrying out its responsibility for managing Commonwealth reserves, the Director is assisted by Parks Australia, a division of the Department of Climate Change, Energy, the Environment and Water (the Department). 

The Privacy Act regulates how the Director (“we” or “us”) may collect, use, disclose and store personal information. We also hold personal information in accordance with the Archives Act 1983 (Cth).

We use technology by Converlens Pty Ltd to provide this consultation service and website. Our contractual arrangements require Converlens to comply with the Privacy Act and store data securely in Australia.

We may use artificial intelligence (AI) programs to assist in the analysis of submissions, which may include processing your personal information. Our use of these tools will be governed by Australian Government responsible AI guidance (digital.gov.au/policy/ai/staff-guidance-public-generative-ai). All outputs will be subject to review by our staff.

What personal information will be collected

Personal information means information or an opinion about an individual, or an individual who is reasonably identifiable, whether or not it is true or recorded in material form.

Sensitive information is a subset of personal information and attracts a higher level of privacy protection. Sensitive information includes information or opinions about an individual's racial or ethnic origin (e.g. indigeneity), a political opinion or association, religious beliefs or affiliations, trade or professional associations and memberships, a criminal record and health information.

By submitting a response to the consultation process, you consent to the Director collecting your personal information (which also includes sensitive information) provided in your response to the consultation process. This may include:

• your name, address, email address and telephone number;
• your opinions about the management of the Australian Marine Parks and how the proposed management may impact your business;
• trade and/or professional associations and memberships;
  • any other personal information (including sensitive information) provided by you in response to the consultation process.

How we will use and disclose your personal information

The Director may use any personal information (including sensitive information) provided in your submission to:

• Contact you about your response to the consultation process, including for further information, feedback or to conduct a survey either by us or our representative;
• Inform you about the outcomes of the consultation process and/or other matters that we consider may be relevant to you;
• The personal information (including sensitive information) provided by you in response to the consultation process will be disclosed to staff in the Department of Climate Change, Energy, the Environment and Water, the Minister for the Environment and Water, and the Minister’s office for the purpose of:
  • reporting on the outcomes of the consultation process, and
  • for related purposes.

We will not use or disclose personal information without your consent, except where authorised or required by law.

Public disclosure

Your submission, including any personal or sensitive information contained within, will only be published or made publicly available where authorised or required by law.

We reserve the right to edit, and/or not consider or publish submissions that contain potentially offensive, defamatory or irrelevant material.

Submissions marked as confidential may be disclosed on a confidential basis as authorised or required by law.

Anonymous submissions

You can provide an anonymous submission. However, this means we cannot contact you about your submission, the consultation process, or other matters relevant to you. It may also limit our ability to take your submission into account.

Personal information of other individuals

If you need to include personal information about another individual in your submission, you will need to inform that individual of the contents of this statement and obtain their consent to us collecting their personal information.

Privacy Policy and Contact Us

For more information on how we handle personal information, how to access or correct your personal information, and how to make a complaint, see our Privacy Policy at dcceew.gov.au/parks-heritage/national-parks/parks-australia/privacy-policy.

The Coverlens privacy policy is available at converlens.com/privacy.html.

If you have a question about this privacy notice, please use the Contact Us link on our website at parksaustralia.gov.au/about/contact-us/.

Further information

Further information on the management plan review is available at: https://australianmarineparks.gov.au/management/consultations-reviews/review-2018-australian-marine-park-management-plans/

Dated: 15/07/2026

Robert Hanlon

Acting Director of National Parks

NORFOLK MARINE PARK PROPOSED PROCLAMATION – STATEMENT OF PARTICULARS

1.        Amendment of Schedule 5, Part 2 of the Environment Protection and Biodiversity Conservation (Commonwealth Marine Reserves) Proclamation 2013:

1.       The name of the reserve is to change from “Norfolk Marine Park” to “Norfolk Island Marine Park”.
2.       The reserve is to be declared for the purpose of:
   1.             The protection and conservation of biodiversity and other natural, cultural and heritage values, and
   2.             Ecologically sustainable use that supports positive social and economic outcomes.
3.        The proposed boundary of the expanded reserve is described in Schedule 1, Part 1 to this notice.
4.       An area around Cascade Pier will be revoked from the existing reserve, so that it no longer forms part of the reserve. Schedule 1 to this notice describes the boundaries of the area that will cease to be part of the reserve.
5.       Altering the zoning of the Norfolk Marine Park.
   1.             The proposed expanded Norfolk Island Marine Park is to be assigned to the International Union for Conservation of Nature (IUCN) category national park (IUCN II).
   2.             The Norfolk Island Marine Park is proposed to be divided into two zones. The boundaries of these zones and the IUCN category to be assigned to each zone are described at Schedule 1 to this notice.
6.         The purpose for which it is intended to manage and use the reserve is:
   1.       The protection and conservation of biodiversity and other natural, cultural and heritage values, and
   2.       Ecologically sustainable use that supports positive social and economic outcomes.
7.        The reserve includes:
   1.             The waters and seabed under any sea within the declared area, and
   2.             The land and seabed that is under the sea to a depth of 1000 metres within the declared area.

Two zones are proposed for the expanded Norfolk Island Marine Park. Consistent with both the IUCN categories proposed to be assigned for these zones and the relevant Australian IUCN reserve management principles prescribed by Schedule 8 of the Environment Protection and Biodiversity Conservation Regulations 2025, these two zone types are:

National Park Zone (IUCN 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.

Special Purpose Zone (Norfolk) (IUCN VI):  To be managed to provide for ecologically sustainable use and the conservation of ecosystems, habitats and native species, while applying special purpose arrangements for specific activities.

LORD HOWE MARINE PARK PROPOSED PROCLAMATION – STATEMENT OF PARTICULARS

1.        Amendment of Schedule 5, Part 3 of the Environment Protection and Biodiversity Conservation (Commonwealth Marine Reserves) Proclamation 2013:

1.       The reserve is proposed to continue to be known as the “Lord Howe Marine Park”.
2.       The reserve is to be declared for the purpose of:
   1.             The protection and conservation of biodiversity and other natural, cultural and heritage values, and
   2.             Ecologically sustainable use that supports positive social and economic outcomes.
3.        The proposed boundaries of the reserve are described in Schedule 1, Part 2 to this notice.
4.       Extending the boundaries of the Lord Howe Marine Park including to subsume Gifford Marine Park.
5.       Altering the zoning of the Lord Howe Marine Park.
   1.             The proposed expanded Lord Howe Marine Park is to be assigned to the International Union for Conservation of Nature (IUCN) category national park (IUCN II).
   2.             The reserve is proposed to be divided into six zones and four zone types. The boundaries of these zones and the IUCN category to be assigned to each zone are described at Schedule 1 to this notice.
6.         The purpose for which it is intended to manage and use the reserve is:
   1.             The protection and conservation of biodiversity and other natural, cultural and heritage values, and
   2.             Ecologically sustainable use that supports positive social and economic outcomes.
7.        The reserve includes:
   1.             The waters and seabed under any sea within the declared area, and
   2.             The land and seabed that is under the sea to a depth of 1000 metres within the declared area.

Four zone types are proposed for the Lord Howe Marine Park. Consistent with all the IUCN categories proposed to be assigned for these zones and the relevant Australian IUCN reserve management principles prescribed by Schedule 8 of the Environment Protection and Biodiversity Conservation Regulations 2025, these four zone types are:

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 (IUCN category IV): To be managed to protect the benthic habitats in the waters surrounding Lord Howe. The zone aims to ensure the maintenance of ecosystems, habitats and native species through sustainable resource management.

Habitat Protection Zone (Lord Howe) (IUCN category IV): To be managed to protect the benthic habitats in the waters surrounding Lord Howe in line with the rules in the adjacent state marine park and the management desires of Lord Howe Island residents. The zone aims to ensure the maintenance of ecosystems, habitats and native species through sustainable resource management.

Recreational Use Zone (IUCN category IV): To be managed to provide for the conservation of ecosystems, habitats and native species in as natural a state as possible while providing for recreational use.

GIFFORD MARINE PARK PROPOSED PROCLAMATION – STATEMENT OF PARTICULARS

1.        Amendment of Schedule 5, Part 1 of the Environment Protection and Biodiversity Conservation (Commonwealth Marine Reserves) Proclamation 2013:

1.       The reserve currently named Gifford Marine Park will become part of the Lord Howe Marine Park and will no longer be named or managed as Gifford Marine Park.

1.       The area of the reserve currently named Gifford Marine Park, is to be assigned to the International Union for Conservation of Nature (IUCN) category national park (IUCN II).

Schedule 1— Area and zoning of proposed Norfolk Island Marine Park and proposed Lord Howe Marine Park

1. Definitions

In this Schedule:

Exclusive economic zone (EEZ) means the exclusive economic zone, as it is defined by the Seas and Submerged Lands Act 1973 (Cth), including any amendments to that Act.

Coastal waters has the same meaning as coastal waters of the State in subsection 3(1) of the Coastal Waters (State Powers) Act 1980 (Cth).

Lord Howe Marine Park means the area by this name, proclaimed under the Environment Protection and Biodiversity Conservation (Commonwealth Marine Reserves) Proclamation 2013.

Norfolk Island has the same meaning as Territory in subsection 4(1) of the Norfolk Island Act 1979 (Cth).

Norfolk Island Marine Park means the area by this name, proclaimed under the Environment Protection and Biodiversity Conservation (Commonwealth Marine Reserves) Proclamation 2013.

Territorial sea has the same meaning as the territorial sea as defined in Part II Division 1 of the Seas and Submerged Lands Act 1973 (Cth).

2. Geographic coordinates

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 Commonwealth Gazette No. GN 35 of 6 September 1995.

PART 1 – PROPOSED NORFOLK ISLAND MARINE PARK

1.    Area of proposed Commonwealth reserve

The proposed Norfolk Island Marine Park consists of an area in the South Pacific Ocean enclosed by:

1.       An outer boundary, defined by the outer limit of Australia’s exclusive economic zone adjacent to Norfolk Island; and
2.       An inner limit, defined by the mean high water mark of Norfolk Island and any other land above mean high water within that area; and
3.        Excluding the area described in Table 1.1.

The inner boundary of the proposed Commonwealth reserve excludes an area adjacent to Norfolk Island bounded by the line commencing at the point described in Item 1 of Table 1.1 and running progressively as described in the table. This area, known as Cascade Pier, is proposed for revocation and will cease to be part of the reserve.

Table 1.1 Area adjacent to Norfolk Island that is not part of the proposed Norfolk Island Marine Park

1.    Zones for proposed Commonwealth reserve

The Norfolk Island Marine Park is divided into the following zones:

1.     The National Park Zone described in Section 1.3 of this Schedule; and
2.     The Special Purpose Zone (Norfolk) described in Section 1.4 of this Schedule.

1.    Zone 1 of proposed Commonwealth reserve – National Park Zone (IUCN II)

Zone 1 of the proposed Commonwealth reserve (also identified as ninpz2701) consists of an area described in Section 1.1 of this Schedule, excluding the zone described in Section 1.4 of this Schedule.

1.    Zone 2 of the proposed Commonwealth reserve – Special Purpose Zone (Norfolk) (IUCN VI)

Zone 2 of the proposed Commonwealth reserve (also identified as nispn2702) consists of an area of the reserve (described in Section 1.1 of this Schedule) bounded by the line commencing at the point described in Item 1 of Table 1.2 and running progressively as described in the table.

Table 1.2 Zone 2 of the proposed Commonwealth reserve – Special Purpose Zone (Norfolk) (IUCN VI)

PART 2 – PROPOSED LORD HOWE MARINE PARK

1.    Area of proposed Commonwealth reserve

The proposed Lord Howe Marine Park consists of an area in the South Pacific Ocean, excluding any coastal waters of New South Wales, bounded by the line commencing at the point described in Item 1 of Table 2.1 and running progressively as described in the table.

Table 2.1 Area of proposed Commonwealth reserve

1.    Zones for proposed Commonwealth reserve

The proposed Lord Howe Marine Park is divided into the following zones:

1.     The National Park Zones described in Sections 2.3, 2.5 and 2.8 of this Schedule;
2.     The Habitat Protection Zone described in Section 2.4 of this Schedule;
3.      The Recreational Use Zone described in Section 2.6 of this Schedule; and
4.     The Habitat Protection Zone (Lord Howe) described in Section 2.7 of this Schedule.

1.    Zone 1 of the proposed Commonwealth reserve – National Park Zone (IUCN II)

Zone 1 of the proposed marine park (also identified as telhnpz2701) consists of an area bounded by the line commencing at the point described in Item 1 of Table 2.2 and running progressively as described in the table.

Table 2.2. Zone 1 of the proposed Commonwealth reserve – National Park Zone (IUCN II)

1.    Zone 2 of the proposed Commonwealth reserve – Habitat Protection Zone (IUCN category IV)

Zone 2 of the proposed Commonwealth reserve (also identified as telhhpz2702) consists of an area, excluding the zones described in Sections 2.5 and 2.6 of this Schedule, bounded by the line commencing at the point described in Item 1 of Table 2.3 and running progressively as described in the table.

Table 2.3. Zone 2 of the proposed Commonwealth reserve – Habitat Protection Zone (IUCN IV)

1.    Zone 3 of the proposed Commonwealth reserve – National Park Zone (IUCN II)

Zone 3 of the proposed Commonwealth reserve (also identified as telhnpz2703) consists of an area bounded by the line commencing at the point described in Item 1 of Table 2.4 and running progressively as described in the table.

Table 2.4. Zone 3 of the proposed Commonwealth reserve – National Park Zone (IUCN II)

1.    Zone 4 of the proposed Commonwealth reserve – Recreational Use Zone (IUCN IV)

Zone 4 of the proposed Commonwealth reserve (also identified as telhruz2704) consists of an area bounded by the line commencing at the point described in Item 1 of Table 2.5 and running progressively as described in the table.

Table 2.5. Zone 4 of the proposed Commonwealth reserve – Recreational Use Zone (IUCN IV)

1.    Zone 5 of the proposed Commonwealth reserve – Habitat Protection Zone (Lord Howe) (IUCN IV)

Zone 5 of the proposed Commonwealth reserve (also identified as telhhpl2705) consists of an area, excluding any coastal waters of New South Wales and the zone described in Section 2.8 of this Schedule, bounded by the line commencing at the point described in Item 1 of Table 2.6 and running progressively as described in the table.

Table 2.6. Zone 5 of the proposed Commonwealth reserve – Habitat Protection Zone (Lord Howe) (IUCN IV)

1.    Zone 6 of the proposed Commonwealth reserve – National Park Zone (IUCN II)

Zone 6 of the proposed Commonwealth reserve (also identified as telhnpz2706) consists of an area bounded by the line commencing at the point described in Item 1 of Table 2.7 and running progressively as described in the table.

Table 2.7. Zone 6 of the proposed Commonwealth reserve – National Park Zone (IUCN II)