Proclamation - Huon Marine Park

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

Legislation au F2007L01917 In force Legislative Instrument

Legislation content

Proclamation Huon 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:    7 November 2017

 

About this compilation

This compilation

This is a compilation of the Proclamation - Huon 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Part 1 of 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 “Huon Marine Park”; and

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

 (e) divide the reserve into zones and assign an IUCN category to each zone, as follows:

 (i) Benthic Sanctuary Area Zone being the area specified in Part 2 of the Schedule and assigned to the IUCN category Strict Nature Reserve; and

 (ii) Special Purpose Area Zone being the area specified in Part 3 of the Schedule and assigned to the IUCN category Managed Resource Protected Area.

ScheduleHuon Marine Park

Part 1Huon Marine Park

 

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

 (i) commencing at the intersection of the meridian of longitude 146 degrees 56 minutes 17 seconds east, with the outer limit of the coastal waters* of Tasmania at approximate latitude 43 degrees 40 minutes 30 seconds south;

 (ii) then generally easterly along the outer limit of the coastal waters* of Tasmania to its intersection with the meridian of longitude 147 degrees 13 minutes 6 seconds east;

 (iii) then southeasterly along the geodesic to the point of latitude 44 degrees 34 minutes 44 seconds south, longitude 148 degrees 49 minutes 41 seconds east;

 (iv) then southwesterly along the geodesic to the point of latitude 44 degrees 53 minutes 5 seconds south, longitude 147 degrees 22 minutes 17 seconds east;

 (v) then northwesterly along the geodesic to the point of latitude 44 degrees 30 minutes south, longitude 147 degrees 14 minutes east;

 (vi) then northwesterly along the geodesic to the point of latitude 44 degrees 18 minutes 50 seconds south, longitude 147 degrees 10 minutes east; and

 (vii) then northwesterly along the geodesic to the point of commencement.

Part 2Benthic Sanctuary Area Zone (IUCN Category Ia – Strict Nature Reserve)

 

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

 (i) commencing at the point of latitude 44 degrees 30 minutes south, longitude 147 degrees 14 minutes east;

 (ii) then east along the parallel of latitude 44 degrees 30 minutes south, to its intersection with the meridian of longitude 147 degrees 25 minutes east;

 (iii) then north along the meridian of longitude 147 degrees 25 minutes east, to its intersection with the parallel of latitude 44 degrees 16 minutes south;

 (iv) then southwesterly along the geodesic to the point of latitude 44 degrees 18 minutes 50 seconds south, longitude 147 degrees 15 minutes 50 seconds east;

 (v) then west along the parallel of latitude 44 degrees 18 minutes 50 seconds south, to its intersection with the meridian of longitude 147 degrees 10 minutes east; and

 (vi) then southeasterly along the geodesic to the point of commencement.

Part 3Special Purpose Area Zone (IUCN Category VI – Managed Resource Protected Area)

 

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

 (i) commencing at the intersection of the meridian of longitude 146 degrees 56 minutes 17 seconds east, with the outer limit of the coastal waters* of Tasmania at approximate latitude 43 degrees 40 minutes 30 seconds south;

 (ii) then generally easterly along the outer limit of the coastal waters* of Tasmania to its intersection with the meridian of longitude 147 degrees 13 minutes 6 seconds east;

 (iii) then southeasterly along the geodesic to the point of latitude 44 degrees 34 minutes 44 seconds south, longitude 148 degrees 49 minutes 41 seconds east;

 (iv) then southwesterly along the geodesic to the point of latitude 44 degrees 53 minutes 5 seconds south, longitude 147 degrees 22 minutes 17 seconds east;

 (v) then northwesterly along the geodesic to the point of latitude 44 degrees 30 minutes south, longitude 147 degrees 14 minutes east;

 (vi) then east along the parallel of latitude 44 degrees 30 minutes south, to its intersection with the meridian of longitude 147 degrees 25 minutes east;

 (vii) then north along the meridian of longitude 147 degrees 25 minutes east, to its intersection with the parallel of latitude 44 degrees 16 minutes south;

 (viii) then southwesterly along the geodesic to the point of latitude 44 degrees 18 minutes 50 seconds south, longitude 147 degrees 15 minutes 50 seconds east;

 (ix) then west along the parallel of latitude 44 degrees 18 minutes 50 seconds south, to its intersection with the meridian of longitude 147 degrees 10 minutes east; and

 (x) then northwesterly along the geodesic 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 Huon Commonwealth Marine Reserve

2 July 2007 (F2007L01917)

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

Part 1

 

Part 1 heading.............

rs F2017L01337

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance, such as the establishment of marine protected areas. The Act aims to promote the sustainable use, development, and conservation of Australia's biodiversity and ecosystems. This legislation was introduced to address the need for a comprehensive framework to manage and protect the nation's marine and terrestrial environments, ensuring that biodiversity is conserved and ecosystems are maintained for future generations. The Proclamation - Huon Marine Park was made under subsection 344(1) of the Environment Protection and Biodiversity Conservation Act 1999 by Professor Marie Bashir, AC, CVO, Deputy for the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The primary policy objective of this proclamation is to declare the Huon Marine Park as a Commonwealth reserve for protecting and maintaining biological diversity and contributing to the National Representative System of Marine Protected Areas.

Scope and Application

The Proclamation - Huon Marine Park, made under subsection 344(1) of the Environment Protection and Biodiversity Conservation Act 1999, designates a specific area within the Southern Ocean and Tasman Sea, excluding the coastal waters of Tasmania, as the Huon Marine Park. This area is declared as a Commonwealth reserve to protect and maintain biological diversity and contribute to the National Representative System of Marine Protected Areas. The seabed within this reserve, extending to a depth of 100 metres, is included. The Proclamation divides the reserve into two zones: the Benthic Sanctuary Area Zone, classified as a Strict Nature Reserve under the IUCN, and the Special Purpose Area Zone, categorised as a Managed Resource Protected Area under the IUCN. The geographic coordinates are defined according to the Geocentric Datum of Australia 1994. The proclamation applies to the entirety of the specified marine area, encompassing activities and entities that operate within this region, ensuring adherence to the conservation and management objectives outlined by the IUCN classifications. The Act extends its jurisdictional reach to enforce these provisions within the proclaimed marine park area.

Key Provisions

The Proclamation - Huon Marine Park under section 344(1) of the Environment Protection and Biodiversity Conservation Act 1999 declares an area as the Huon Marine Park, a Commonwealth reserve intended to protect and maintain biological diversity. This area is specified in Part 1 of the Schedule, extending within the Southern Ocean and Tasman Sea, excluding coastal waters of Tasmania. The seabed to a depth of 100 metres is also included in this reserve. The proclamation assigns the Huon Marine Park to the IUCN category of managed resource protected area and divides it into two zones, each with its own IUCN category. The Benthic Sanctuary Area Zone is assigned to the IUCN category Strict Nature Reserve, as detailed in Part 2 of the Schedule, while the Special Purpose Area Zone is assigned to the IUCN category Managed Resource Protected Area, as outlined in Part 3 of the Schedule. The Act imposes several obligations on parties and entities within the Huon Marine Park. These include compliance with the specific regulations pertaining to each zone, adherence to the IUCN guidelines for the management of protected areas, and the implementation of measures to protect and conserve the biological diversity within the park. Additionally, the Act requires the establishment of management plans for each zone, detailing the objectives, strategies, and actions to be taken to achieve the conservation goals. These plans must be developed in consultation with relevant stakeholders and approved by the relevant authorities. Breaches of the Act or its regulations can result in various civil or criminal consequences. The specific offences and their associated penalties are not detailed in the provided text, but typically, violations of environmental protection laws can lead to fines, imprisonment, or both. The severity of the penalty often depends on the nature and extent of the breach, with more severe penalties reserved for actions that cause significant harm to the environment or wildlife. It is essential for entities and individuals operating within the Huon Marine Park to be fully aware of and comply with the Act to avoid these potential consequences.

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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.