Proclamation - East Gippsland Marine Park

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

Legislation au F2007L01913 In force Legislative Instrument

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Proclamation ‑ East Gippsland 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 - East Gippsland 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.

Self‑repealing 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Governor‑General 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 “East Gippsland Marine Park”; and

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

 

Schedule—East Gippsland Marine Park

 

 

All of that area within the Tasman Sea contained within and bounded as follows*:

 (i) commencing at the point of latitude 37 degrees 38 minutes south, longitude 150 degrees 22 minutes east;

 (ii) then east along the parallel of latitude 37 degrees 38 minutes south, to its intersection with the meridian of longitude 150 degrees 36 minutes east;

 (iii) then south along the meridian of longitude 150 degrees 36 minutes east, to its intersection with the parallel of latitude 38 degrees 30 minutes south;

 (iv) then west along the parallel of latitude 38 degrees 30 minutes south, to its intersection with the meridian of longitude 149 degrees 51 minutes east; and

 (v) then north‑easterly along the geodesic to the point of commencement.

 

* 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

    /sub‑subparagraph(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

Sub‑Ch = Sub‑Chapter(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 ‑ East Gippsland Commonwealth Marine Reserve

2 July 2007 (F2007L01913)

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 - East Gippsland Marine Park was made in 2007 under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) to address the need for better protection of marine biodiversity and to contribute to the National Representative System of Marine Protected Areas. The proclamation was made by Professor Marie Bashir, the Deputy for the Governor-General, acting with the advice of the Federal Executive Council. The policy objective was to declare a specific area within the Tasman Sea as a Commonwealth reserve to protect and maintain biological diversity. This proclamation also aimed to specify the inclusion of the seabed to a depth of 100 metres within the reserve, name the reserve the "East Gippsland Marine Park," and assign it to the IUCN category of managed resource protected area. This legislative instrument was enacted to formalise the boundaries and protective measures for the marine park, ensuring that the area's ecological significance is preserved and managed effectively.

Scope and Application

The Proclamation – East Gippsland Marine Park, made under the Environment Protection and Biodiversity Conservation Act 1999, serves to declare a specific area within the Tasman Sea as a Commonwealth reserve, named the East Gippsland Marine Park, for the purpose of protecting and maintaining biological diversity and contributing to the National Representative System of Marine Protected Areas. The proclamation includes the seabed to a depth of 100 metres within the reserve and assigns it to the IUCN category of managed resource protected area. The geographic coordinates of the reserve are defined within the proclamation, expressed in terms of the Geocentric Datum of Australia 1994 (GDA94). This proclamation applies to the specified area and its boundaries as outlined, providing legal protection and management under the auspices of the Commonwealth of Australia. The proclamation may be subject to modifications and amendments, which are detailed in the endnotes and the Legislation Register, although any uncommenced amendments are not reflected in the text of the compiled law. The proclamation was initially registered on 2 July 2007 and was later amended by the Environment Protection and Biodiversity Conservation Amendment (Commonwealth Marine Reserves Renaming) Proclamation 2017, which came into effect on 11 October 2017.

Key Provisions

The Proclamation - East Gippsland Marine Park, made under section 344(1) of the Environment Protection and Biodiversity Conservation Act 1999, declares a specific area in the Tasman Sea as the East Gippsland Marine Park. This area is designated as a Commonwealth reserve to protect and maintain biological diversity and to contribute to the National Representative System of Marine Protected Areas. The seabed within this reserve is included to a depth of 100 metres, as specified in the Schedule to the Proclamation. The marine park is assigned to the IUCN category of managed resource protected area, which implies that it is managed to achieve specific conservation objectives. The primary obligations imposed by this legislation include the protection and maintenance of the biological diversity within the East Gippsland Marine Park. This involves managing activities that could potentially harm the marine ecosystem, including fishing, mining, and other extractive activities. The legislation mandates that all activities within the park are conducted in a way that does not degrade the environment or threaten the species and habitats that are unique to this area. Additionally, the proclamation requires the establishment of management plans and regulations to guide the use of the park, ensuring that it serves its conservation purposes effectively. There are potential civil and criminal consequences for breaching the provisions of this legislation. Offences may include unauthorised entry into the marine park, engaging in prohibited activities such as fishing without a permit, or causing harm to protected species. The penalties for these offences can vary, but they may include fines up to a maximum of $222,222 for individuals and significantly higher amounts for corporations. Criminal penalties may also apply, which could result in imprisonment, depending on the severity and frequency of the offence. These consequences are designed to deter non-compliance and ensure the preservation of the marine park's ecological integrity.

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Environmental Law
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Legislative Instrument
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Definitions & Interpretation
Commencement Provisions
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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.