Prohibition and Revocation on Entering or Remaining in Certain Areas of Lord Howe Marine Park

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to address issues related to the protection of biodiversity and environmental conservation across Australia. The regulations were introduced by the Parliament of Australia and were aimed at providing a comprehensive framework for the protection of significant environmental assets, including marine parks such as the Lord Howe Marine Park. One of the specific problems these regulations were designed to address was the potential danger posed by unexploded ordnance in marine areas, which could endanger public safety. The Regulations empower the relevant authorities to prohibit or revoke access to certain areas to mitigate these risks. In this context, Kim Farrant, the Assistant Secretary of the Marine Parks Branch in the Department of Agriculture, Water and the Environment, exercised powers under subregulation 12.23(3) to prohibit entry into the Recreational Use Zone of the Lord Howe Marine Park, except for persons acting on behalf of a Commonwealth agency tasked with removing unexploded ordnance. This action was taken to ensure public safety and was a response to an earlier prohibition set by the Director of National Parks, which was subsequently revoked. The specific geographic coordinates defining the Recreational Use Zone are provided in the Schedule, ensuring clarity on the areas affected by these regulatory measures.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, specifically subregulation 12.23(3), establish a prohibition on entering or remaining in the Recreational Use Zone (IUCN IV) of the Lord Howe Marine Park, which is defined by precise geographic coordinates. This prohibition applies to all persons except those acting on behalf of, or under the instruction of, a Commonwealth agency, specifically those involved in activities necessary to remove unexploded ordnance from the Park. The regulation's geographic reach encompasses the defined area within the Marine Park, which is situated in Australian Commonwealth waters. The regulation is an exercise of the powers under the Environment Protection and Biodiversity Conservation Act 1999, and its application extends nationally within the boundaries of the Park. Notably, the prohibition supersedes a previous directive issued by the Director of National Parks, dated 11 May 2020, and the revocation of that directive is effective from 21 May 2020. This regulation is implemented to ensure public safety and manage potential hazards within the marine park.

Key Provisions

The primary operative sections of this legislative instrument concern the prohibition and revocation of entering or remaining in specific areas within the Lord Howe Marine Park. Section 12.23(3) of the Environment Protection and Biodiversity Conservation Regulations 2000, as referenced in this Gazette, provides the legal basis for this action. According to subregulation 12.23(3), the Assistant Secretary, Marine Parks Branch, is empowered to prohibit access to certain areas of the marine park if it is deemed necessary for public safety. Specifically, the Recreational Use Zone (IUCN IV) within the Park is off-limits to all individuals except those acting on behalf of, or under the instruction of, a Commonwealth agency involved in the removal of unexploded ordnance. The obligations imposed by this Act on the relevant parties are clear and direct. All persons must refrain from entering or remaining in the Recreational Use Zone unless they are authorised to do so by a Commonwealth agency and are engaged in activities related to the removal of unexploded ordnance. This restriction is intended to ensure public safety and the integrity of the marine ecosystem within the Park. Additionally, the Assistant Secretary, Marine Parks Branch, has the authority to revoke previous prohibitions if deemed necessary, as evidenced by the revocation of a prior prohibition dated 11 May 2020. The consequences for breaching these provisions are significant. Under the Environment Protection and Biodiversity Conservation Act 1999, unauthorised entry into restricted areas can result in both criminal and civil penalties. Criminally, offenders may face fines of up to $375,000 for individuals and $1.875 million for corporations, as well as imprisonment for up to five years. Civilly, those found to have contravened the regulations may be subject to substantial fines, with penalties for individuals reaching up to $125,000 and for corporations up to $625,000. These penalties underscore the importance of adhering to the regulations and the serious implications of non-compliance.