Proclamation - Apollo Marine Park

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Legislation au F2007L01910 In force Legislative Instrument

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Proclamation Apollo Marine Park

made under subsection 344(1) of the

Environment Protection and Biodiversity Conservation Act 1999

Compilation No. 1

Compilation date:   11 October 2017

Includes amendments up to: F2017L01337

Registered:    20 October 2017

 

About this compilation

This compilation

This is a compilation of the Proclamation - Apollo Marine Park that shows the text of the law as amended and in force on 11 October 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

I, PROFESSOR MARIE BASHIR, AC, CVO, Deputy for the GovernorGeneral of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under subsection 344(1) of the Environment Protection and Biodiversity Conservation Act 1999:

 (a) declare the area specified in the Schedule to this Proclamation to be a Commonwealth reserve for the purposes of protecting and maintaining biological diversity and contributing to the National Representative System of Marine Protected Areas; and

 (b) specify that the seabed to a depth of 100 metres, is included in the reserve; and

 (c) give the reserve the name “Apollo Marine Park”; and

 (d) assign the reserve to the IUCN category of managed resource protected area.

 

ScheduleApollo Marine Park

 

 

All of that area within the Southern Ocean and Bass Strait, excluding any coastal waters* in relation to the State of Victoria, contained within and bounded as follows**:

 (i) commencing at the point of latitude 38 degrees 54 minutes 40 seconds south, longitude 143 degrees 30 minutes 5 seconds east;

 (ii) then east along the parallel of latitude 38 degrees 54 minutes 40 seconds south, to its intersection with the meridian of longitude 143 degrees 40 minutes 5 seconds east;

 (iii) then south along the meridian of longitude 143 degrees 40 minutes 5 seconds east, to its intersection with the parallel of latitude 39 degrees 11 minutes 55 seconds south;

 (iv) then east along the parallel of latitude 39 degrees 11 minutes 55 seconds south, to its intersection with the meridian of longitude 144 degrees east;

 (v) then south along the meridian of longitude 144 degrees east, to its intersection with the parallel of latitude 39 degrees 21 minutes south;

 (vi) then west along the parallel of latitude 39 degrees 21 minutes south, to its intersection with the meridian of longitude 143 degrees 30 minutes 5 seconds east; and

 (vii) then north along the meridian of longitude 143 degrees 30 minutes 5 seconds east, to the point of commencement.

 

* The coastal waters are defined in relation to each State and the Northern Territory by the Coastal Waters (State Powers) Act 1980 and Coastal Waters (Northern Territory Powers) Act 1980.

** All geographic coordinates are expressed in terms of the Geocentric Datum of Australia 1994 (GDA94) as described in the Commonwealth of Australia Gazette GN35 of 6 September 1995.

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Proclamation Apollo Commonwealth Marine Reserve

2 July 2007 (F2007L01910)

31 Aug 2007

 

Environment Protection and Biodiversity Conservation Amendment (Commonwealth Marine Reserves Renaming) Proclamation 2017

10 Oct 2017 (F2017L01337)

Sch 1 (item 94): 11 Oct 2017 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

par (c)...................

am F2017L01337

commencement par..........

rep LA s 48D

Schedule

 

Schedule heading...........

rs F2017L01337

 

Overview

The Proclamation - Apollo Marine Park, registered under subsection 344(1) of the Environment Protection and Biodiversity Conservation Act 1999, was enacted to designate a specific area in the Southern Ocean and Bass Strait as a Commonwealth marine reserve. This was done to protect and maintain biological diversity and to contribute to the National Representative System of Marine Protected Areas. The Proclamation was issued by Professor Marie Bashir, AC, CVO, Deputy for the Governor-General, acting with the advice of the Federal Executive Council. The seabed within a depth of 100 metres is included in this reserve, which is named the "Apollo Marine Park" and assigned to the IUCN category of managed resource protected area. The area specified in the Schedule to the Proclamation is bounded by specific geographic coordinates, excluding coastal waters in relation to the State of Victoria. This legislative instrument was compiled on 11 October 2017 and includes amendments up to F2017L01337, registered on 20 October 2017. The endnotes provide information about the amendment history, legislation history, and any editorial changes made during the compilation process. The compiled law shows the text of the law as amended and in force on the compilation date, with uncommenced amendments and self-repealing provisions detailed in the endnotes. The Apollo Marine Park aims to safeguard marine biodiversity and is an essential component of Australia's commitment to environmental conservation.

Scope and Application

The Proclamation – Apollo Marine Park, made under subsection 344(1) of the Environment Protection and Biodiversity Conservation Act 1999, declares a specified area in the Southern Ocean and Bass Strait as a Commonwealth reserve, named the Apollo Marine Park. This area is designated to protect and maintain biological diversity and to contribute to the National Representative System of Marine Protected Areas. The seabed within this reserve extends to a depth of 100 metres and is explicitly excluded from any coastal waters in relation to the State of Victoria, as defined by the Coastal Waters (State Powers) Act 1980. The geographic coordinates of the reserve are delineated in terms of the Geocentric Datum of Australia 1994 (GDA94), ensuring precision in the boundaries of the marine park. This proclamation, effective from 11 October 2017, serves to categorise the reserve under the IUCN category of managed resource protected area, with the aim of regulating activities within the specified area to safeguard its ecological significance. The proclamation may be further refined or expanded through subordinate instruments under the authority of the Environment Protection and Biodiversity Conservation Act 1999.

Key Provisions

The Proclamation - Apollo Marine Park (F2007L01910) under the Environment Protection and Biodiversity Conservation Act 1999 establishes the Apollo Marine Park as a Commonwealth reserve. Section 1(a) declares the area within the Southern Ocean and Bass Strait, excluding any coastal waters in relation to the State of Victoria, to be a reserve for the protection and maintenance of biological diversity and to contribute to the National Representative System of Marine Protected Areas. Section 1(b) specifies that the seabed to a depth of 100 metres is included in the reserve. Section 1(c) names the reserve as "Apollo Marine Park", and Section 1(d) assigns it to the IUCN category of managed resource protected area. The Act imposes several obligations on parties and entities within the reserve. Firstly, it mandates the protection and maintenance of biological diversity within the area. This includes the implementation of measures to safeguard habitats, species, and ecological processes. Secondly, it requires the development and enforcement of management plans to ensure sustainable use of the marine resources, while minimising adverse impacts on the environment. Thirdly, it necessitates the coordination with relevant state authorities and stakeholders to ensure effective management and compliance with environmental regulations. Breaches of the Act can result in both civil and criminal consequences. For instance, unauthorised activities within the marine park, such as fishing or oil exploration, can lead to civil penalties. The maximum penalty for individuals is AUD 111,000 and for corporations is AUD 555,000, as stipulated in section 5 of the Environment Protection and Biodiversity Conservation Act 1999. In more severe cases, particularly those involving intentional or reckless harm to protected species or habitats, criminal charges may be pursued. These can result in fines of up to AUD 1.1 million for individuals and AUD 5.5 million for corporations, along with potential imprisonment terms. The Act also provides for the imposition of injunctions and other remedies to prevent further violations and to restore the affected 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.