Proclamation - Franklin Marine Park

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Legislation au F2007L01915 In force Legislative Instrument

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Proclamation Franklin 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:    18 October 2017

 

About this compilation

This compilation

This is a compilation of the Proclamation - Franklin 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 “Franklin Marine Park”; and

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

ScheduleFranklin Marine Park

 

 

All of that area within the Southern Ocean contained within and bounded as follows*:

 (i) commencing at the point of latitude 40 degrees 31 minutes 45 seconds south, longitude 144 degrees 15 minutes 27 seconds east;

 (ii) then east along the parallel of latitude 40 degrees 31 minutes 45 seconds south, to its intersection with the meridian of longitude 144 degrees 24 minutes 15 seconds east;

 (iii) then southerly along the geodesic to the point of latitude 40 degrees 59 minutes 54 seconds south, longitude 144 degrees 18 minutes east;

 (iv) then west along the parallel of latitude 40 degrees 59 minutes 54 seconds south, to its intersection with the meridian of longitude 144 degrees 8 minutes 30 seconds east; and

 (v) then northerly 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

    /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 Franklin Commonwealth Marine Reserve

2 July 2007 (F2007L01915)

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 Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly with regard to matters of national environmental significance. The Act was introduced to address the need for a comprehensive framework to protect Australia's biodiversity and ecosystems, including the management of marine protected areas. The proclamation of the Franklin Marine Park, made under the authority of the Environment Protection and Biodiversity Conservation Act 1999, aims to protect and maintain biological diversity and contribute to the National Representative System of Marine Protected Areas. This was enacted by Professor Marie Bashir, AC, CVO, the Deputy for the Governor-General of the Commonwealth of Australia, with the advice of the Federal Executive Council. The primary policy objective of this proclamation is to establish the Franklin Marine Park as a Commonwealth reserve, enhancing the protection of marine biodiversity within the Southern Ocean.

Scope and Application

The Franklin Marine Park Proclamation under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) designates a specific area within the Southern Ocean as a Commonwealth reserve, aimed at protecting and maintaining biological diversity and contributing to the National Representative System of Marine Protected Areas. The proclamation, issued by the Deputy for the Governor-General, specifies the boundaries of the reserve and includes the seabed to a depth of 100 metres, naming the reserve "Franklin Marine Park" and assigning it to the IUCN category of managed resource protected area. The geographic coordinates are defined in terms of the Geocentric Datum of Australia 1994 (GDA94). The proclamation is applicable to the geographic area within the Southern Ocean as defined and does not extend to other areas outside these boundaries. Any uncommenced amendments or modifications affecting the law are accessible on the Legislation Register, while the compilation itself does not show modifications made by other laws. This proclamation, as a legislative instrument, operates within the framework of the Environment Protection and Biodiversity Conservation Act 1999 and is subject to the legislative history and amendment history detailed in the endnotes.

Key Provisions

The Franklin Marine Park was proclaimed under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) through the Proclamation – Franklin Marine Park (F2007L01915). This proclamation, which came into force on 31 August 2007, designates a specific area in the Southern Ocean as a Commonwealth marine reserve, named the Franklin Marine Park, for the protection and maintenance of biological diversity. The seabed to a depth of 100 metres is included in this reserve, which is assigned to the IUCN category of a managed resource protected area. The boundaries of the park are defined in the Schedule to the proclamation, using precise geographic coordinates based on the Geocentric Datum of Australia 1994 (GDA94). Entities and individuals governed by this legislation are required to adhere to the regulations and management plans established for the Franklin Marine Park. This includes compliance with any specific activities that are permitted or prohibited within the park's boundaries to ensure the conservation objectives are met. Activities such as fishing, marine research, and other uses of the seabed must be conducted in accordance with the guidelines and permissions granted by the responsible authorities under the EPBC Act. The park's management also involves monitoring and reporting on the ecological health of the area, which is crucial for the ongoing protection and sustainability of the marine ecosystem. Violations of the provisions set forth in the proclamation can lead to various penalties and consequences. Under the EPBC Act, unauthorised activities within the Franklin Marine Park can result in fines and imprisonment. The severity of penalties depends on the nature and extent of the breach, with maximum penalties available for serious offences. For example, individuals or corporations found guilty of damaging protected species or habitats within the park may face substantial fines and, in some cases, imprisonment. Additionally, civil penalties may apply for non-compliance with reporting or monitoring requirements, which are essential for the effective management of the marine park.

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Environmental Law
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Legislative Instrument
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Definitions & Interpretation
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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.