Proclamation - Macquarie Island Marine Park

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

Legislation au F2007B00689 In force Legislative Instrument

Legislation content

Proclamation ‑ Macquarie Island Marine Park

made under section 344 of the

Environment Protection and Biodiversity Conservation Act 1999

Compilation No. 3

Compilation date: 1 July 2023

Includes amendments up to: F2023L00860

Registered: 13 July 2023

About this compilation

This compilation

This is a compilation of the Proclamation - Macquarie Island Marine Park that shows the text of the law as amended and in force on 1 July 2023 (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 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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, WILLIAM PATRICK DEAN, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, under subsection 7(2) of the National Parks and Wildlife Conservation Act 1975:

 (a) declare the area described in clause 3 of Schedule 1 to be a Commonwealth reserve; and

 (b) assign to the reserve the name “Macquarie Island Marine Park”; and

 (c) specify that the subsoil extending to a depth of 100 metres below the sea‑bed within the declared area is within the reserve; and

 (d) specify that the reserve has the following purposes:

 (i) to protect and conserve biodiversity and other natural, cultural and heritage values;

 (ii) to provide for ecologically sustainable use that supports positive social and economic outcomes; and

 (e) assign the reserve to IUCN category II (national park); and

 (f) divide the reserve into the zones identified in Schedule 1; and

 (g) assign each zone to an IUCN category specified for the zone in Schedule 1.

Schedule 1—Macquarie Island Marine Park

Note: See paragraphs (a), (f) and (g).

 

1  Definitions

Note: A number of expressions used in this Schedule are defined in the Environment Protection and Biodiversity Conservation Act 1999, including exclusive economic zone and IUCN category.

  In this Schedule:

coastal waters means, in relation to a State, that part of the sea that is included in the coastal waters of the State (within the meaning of the Coastal Waters (State Powers) Act 1980).

2  Geographic coordinates

  Geographic coordinates in this Schedule are expressed in terms of Geocentric Datum of Australia 1994.

Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN 35 of 6 September 1995.

3  Area of reserve

  The Macquarie Island Marine Park consists of an area in the Southern Ocean that is enclosed by:

 (a) the boundary of the outer limit of Australia’s exclusive economic zone adjacent to Macquarie Island; and

 (b) the boundary of the seaward limit of the coastal waters around Macquarie Island.

4  Zones for reserve

 (1) The Macquarie Island Marine Park is divided into the following zones:

 (a) the sanctuary zone described in clause 5;

 (b) the national park zone described in clause 6;

 (c) the habitat protection zone described in clause 7.

 (2) The sanctuary zone described in clause 5 is assigned to IUCN category Ia (strict nature reserve).

 (3) The national park zone described in clause 6 is assigned to IUCN category II (national park).

 (4) The habitat protection zone described in clause 7 is assigned to IUCN category IV (habitat/species management area).

5  Zone 1 of reserve—sanctuary zone

  Zone 1 of the reserve (also identified as semacsan01) consists of an area east of Macquarie Island that is bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.

 

Zone 1 of reserve—sanctuary zone

Item

Description

1

The point of latitude 54°00′00″S, longitude 159°05′00″E

2

South‑easterly along the geodesic to its intersection with the outer edge of the exclusive economic zone closest to the point of latitude 54°58′01.01″S, longitude 164°38′42.07″E

3

Generally southerly along the outer edge of the exclusive economic zone to the point closest of latitude 56°30′37.74″S, longitude 164°03′25.04″E

4

North‑westerly along the geodesic to the point on the seaward limit of the coastal waters around Bishop and Clerk Islands closest to latitude 55°10′23.16″S, longitude 158°40′35.03″E

5

Anti‑clockwise around the seaward limit of the coastal waters around Bishop and Clerk Islands to the point closest to latitude 55°06′40.56″S, longitude 158°35′23.65″E

6

North‑westerly along the geodesic to the point on the seaward limit of the coastal waters around Macquarie Island closest to latitude 54°45′04.42″S, longitude 158°41′24.15″E

7

Anti‑clockwise around the seaward limit of the coastal waters around Macquarie Island to the point closest to latitude 54°29′23.00″S, longitude 158°46′29.01″E

8

North‑easterly along the geodesic to the point on the seaward limit of the coastal waters around Judge and Clerk Island closest to latitude 54°21′25.00″S, longitude 158°54′24.61″E

9

Anti‑clockwise around the seaward limit of the coastal waters around Judge and Clerk Islands to the point closest to latitude 54°20′58.75″S, longitude 159°05′00″E

10

North along that meridian of longitude 159°05′00″E to the point of commencement

6  Zone 2 of reserve—national park zone

  Zone 2 of the reserve (also identified as semacnpz02) consists of an area that is bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.

 

Zone 2 of reserve—national park zone

Item

Description

1

The point of latitude 52°42′26″S, longitude 161°09′04″E

2

South‑westerly along the geodesic to the point of latitude 54°03′59.68″S, longitude 159°25′00″E

3

South‑easterly along the geodesic to its intersection with the outer edge of the exclusive economic zone closest to the point of latitude 54°58′01.01″S, longitude 164°38′42.07″E

4

Anti‑clockwise along the outer edge of the exclusive economic zone to the point closest to latitude 56°30′37.74″S, longitude 164°03′25.04″E

5

North‑westerly along the geodesic to the point of latitude 55°13′0.65″S, longitude 158°50′ 00″E

6

South along the meridian of longitude 158°50′00″E to its intersection by the parallel of latitude 57°00′00″S

7

West along the parallel of latitude 57°00′00″S to its intersection by the meridian of longitude 158°2′15″E

8

North along the meridian of longitude 158°02′15″E to its intersection by the parallel of latitude 53°53′57″S

9

North‑easterly along the geodesic to the point latitude 52°42′26″S, longitude 159°16′50″E

10

East along the parallel of latitude 52°42′26″S to the point of commencement

7  Zone 3 of reserve—habitat protection zone

  Zone 3 of the reserve (also identified as semachpz03) consists of an area west of Macquarie Island that is bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.

 

Zone 3 of reserve—habitat protection zone

Item

Description

1

The point of latitude 52°42′26″S, longitude 159°16′50″E

2

East along the parallel of latitude 52°42′26″S to its intersection by the meridian of longitude 161°09′04″E

3

South‑westerly along the geodesic to the point of latitude 54°03′59.68″S, longitude 159°25′00″E

4

North‑westerly along the geodesic to the point of latitude 54°00′00″S, longitude 159°05′00″E

5

South along that meridian of longitude 159°05′00″E to the point on the seaward limit of the coastal waters around Judge and Clerk Islands closest to latitude 54°20′58.75″S, longitude 159°05′00″E

6

Anti‑clockwise around the seaward limit of the coastal waters around Judge and Clerk Island to the point closest to latitude 54°21′25.00″S, longitude 158°54′24.61″E

7

South‑westerly along the geodesic to the point on the seaward limit of the coastal waters around Macquarie Island closest to latitude 54°29′23.00″S, longitude 158°46′29.01″E

8

Anti‑clockwise around the seaward limit of the coastal waters around Macquarie Island to the point closest to latitude 54°45′04.42″S, longitude 158°41′24.15″E

9

South‑easterly along the geodesic to the point on the seaward limit of the coastal waters around Bishop and Clerk Island closest to latitude 55°06′40.56″S, longitude 158°35′23.65″E

10

Anti‑clockwise around the seaward limit of the coastal waters around Bishop and Clerk Islands to the point closest to latitude 55°10′23.16″S, longitude 158°40′35.03″E

11

South‑easterly along the geodesic to the point of latitude 55°13′00.65″S to its intersection by the meridian of longitude 158°50′00″E

12

South along the meridian of longitude 158°50′00″E to its intersection by the parallel of latitude 57°00′00″S

13

West along the parallel of latitude 57°00′00″S to its intersection by the meridian of longitude 158°02′15″E

14

North along the meridian of longitude 158°02′15″E to its intersection by the parallel of latitude 53°53′57″S

15

North‑easterly along the geodesic to the point of commencement

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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to 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

 

Title

FRLI registration or gazettal

Commencement

Application, saving and transitional provisions

Proclamation ‑ Macquarie Island Marine Park

27 Oct 1999 (gaz 1999, No S509)

27 Oct 1999

 

Proclamation ‑ Amendment ‑ Macquarie Island Marine Park

2 July 2007 (F2007L01923)

31 Aug 2007

—

 

Name

Registration

Commencement

Application, saving and transitional provisions

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)

—

Environment Protection and Biodiversity Conservation Amendment (Macquarie Island Marine Park) Proclamation 2023

26 June 2023 (F2023L00860)

1 July 2023 (s 2(1) item 1)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

Title.....................

am F2017L01337

par (a)....................

am F2023L00860

par (b)...................

am F2007L01923; F2017L01337; F2023L00860

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

am F2023L00860

par (d)...................

ad F2023L00860

par (e)....................

ad F2023L00860

par (f)....................

ad F2023L00860

par (g)...................

ad F2023L00860

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

rs F2007L01923; F2017L01337

 

rep F2023L00860

Schedule..................

am F2007L01923; F2017L01337

 

ed C2

 

rep F2023L00860

Schedule 1

 

Schedule 1.................

ad F2023L00860

c 1......................

ad F2023L00860

c 2......................

ad F2023L00860

c 3......................

ad F2023L00860

c 4......................

ad F2023L00860

c 5......................

ad F2023L00860

c 6......................

ad F2023L00860

c 7......................

ad F2023L00860

 

Endnote 5—Miscellaneous

This Proclamation was originally made under subsection 7(2) of the National Parks and Wildlife Conservation Act 1975, which was repealed on 16 July 2000, and pursuant to Part 2 of Schedule 4 of the Environmental Reform (Consequential Provisions) Act 1999 is continued in force under section 344 of the Environment Protection and Biodiversity Conservation Act 1999.

 

Overview

The Proclamation - Macquarie Island Marine Park, made under section 344 of the Environment Protection and Biodiversity Conservation Act 1999, was enacted to establish the Macquarie Island Marine Park, an area in the Southern Ocean around Macquarie Island, as a Commonwealth reserve. This legislative instrument was proclaimed by William Patrick Dean, the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The primary objective of the Proclamation is to protect and conserve the biodiversity and other natural, cultural, and heritage values of the area, while also allowing for ecologically sustainable use that supports positive social and economic outcomes. The Macquarie Island Marine Park is divided into three zones, each assigned to a specific IUCN category to ensure appropriate levels of protection and management.

Scope and Application

The Proclamation - Macquarie Island Marine Park, made under section 344 of the Environment Protection and Biodiversity Conservation Act 1999, applies to the Macquarie Island Marine Park in the Southern Ocean, which is enclosed by the boundary of the outer limit of Australia’s exclusive economic zone adjacent to Macquarie Island and the boundary of the seaward limit of the coastal waters around Macquarie Island. This proclamation declares the area as a Commonwealth reserve and assigns it the name "Macquarie Island Marine Park", specifying that the subsoil extending to a depth of 100 metres below the sea-bed within the declared area is within the reserve. The reserve is established for the purposes of protecting and conserving biodiversity and other natural, cultural, and heritage values, providing for ecologically sustainable use that supports positive social and economic outcomes, and it is assigned to IUCN category II (national park). The reserve is divided into three zones: the sanctuary zone, assigned to IUCN category Ia (strict nature reserve); the national park zone, assigned to IUCN category II (national park); and the habitat protection zone, assigned to IUCN category IV (habitat/species management area). The proclamation includes geographic coordinates in terms of Geocentric Datum of Australia 1994 and specifies the boundaries for each zone. This proclamation applies to all activities within the designated marine park areas, impacting various entities, including individuals, businesses, and governmental bodies, by regulating activities such as fishing, research, and tourism within the park. The proclamation’s scope is further extended and potentially restricted through subordinate instruments under the Environment Protection and Biodiversity Conservation Act 1999.

Key Provisions

The Proclamation - Macquarie Island Marine Park (Schedule 1) declares the Macquarie Island Marine Park as a Commonwealth reserve under the Environment Protection and Biodiversity Conservation Act 1999, specifying its boundaries, zones, and management purposes. The reserve aims to protect and conserve biodiversity and natural, cultural, and heritage values, and to allow for ecologically sustainable use that supports positive social and economic outcomes. The marine park is divided into three zones: the sanctuary zone (IUCN Category Ia), the national park zone (IUCN Category II), and the habitat protection zone (IUCN Category IV). The sanctuary zone, which is the strictest category, aims to protect the area's ecological integrity and natural processes. The national park zone allows for more ecologically sustainable use while maintaining conservation values. The habitat protection zone focuses on the management of habitats and species. Entities and individuals operating within the Macquarie Island Marine Park are subject to various obligations and requirements. These include adhering to specific management plans and guidelines designed to protect the park's biodiversity and ecological values. Activities such as fishing, tourism, and scientific research must comply with regulations and obtain necessary permits. The management of the park involves monitoring and regulating human activities to minimise environmental impact and ensure the conservation objectives are met. Breaches of the regulations and provisions governing the Macquarie Island Marine Park can result in both civil and criminal penalties. Civil penalties can include fines and other monetary penalties for violations such as unauthorised entry into protected zones, damaging protected species or habitats, or operating without the required permits. Criminal penalties may apply for more serious offences, such as deliberate destruction of protected areas or wildlife, and can include imprisonment and substantial fines. The specific penalties are outlined in the Environment Protection and Biodiversity Conservation Act 1999 and related regulations, with the severity of penalties often reflecting the scale and impact of the breach on the marine park's conservation objectives.

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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.