Prohibition of Entry Parts of Ashmore Reef Commonwealth Marine Reserve

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

Legislation au C2013G01940 In force Gazette

Legislation content

 

 

Environment Protection and Biodiversity Conservation Regulations 2000

 

Subregulation 12.23(3)

 

PROHIBITION OF ENTRY

PARTS OF ASHMORE REEF COMMONWEALTH MARINE RESERVE

 

 

I, CHARLTON CLARK, Assistant Secretary, Commonwealth Marine Reserves Branch, Parks Australia Division, Department of the Environment, delegate of the power of the Director of National Parks under subregulation 12.23(3) of the Environment Protection and Biodiversity Conservation Regulations 2000 HEREBY PROHIBIT ENTRY to part of Ashmore Reef Commonwealth Marine Reserve, being the area described in Schedule 1 and shown as “Sanctuary Zone (IUCN – Ia)”on the maps in Schedule 2 hereto, by all persons at all times other than officers, servants and agents of the Commonwealth of Australia and its authorities acting in the course of their duties.

 

 

Dated this 14th day of December 2013

 

 

SIGNED

 

………………………………….

 

Charlton Clark

 

 


SCHEDULE 1

 

Ashmore Reef Commonwealth Marine Reserve

 

All that part of Ashmore Reef Commonwealth Marine Reserve (1) being outside the area bounded by the line(2 ):

(a)   commencing at the point of Latitude 12° 09′ 55″ South, Longitude 123° 00′ 04.5″ East;

(b)   from there southerly along the geodesic to the point of Latitude 12° 12′ 51″ South, Longitude 122° 59′ 36″ East;

(c)    from there south-easterly along the geodesic to the point of Latitude 12° 13′ 06″ South, Longitude 123° 00′ 26″ East;

(d)   from there east along the parallel of Latitude 12° 13′ 06″ South, to its intersection by the meridian of Longitude 123° 00′ 44″ East;

(e)   from there south along that meridian to its intersection by the parallel of Latitude      12° 13′ 13″ South;

(f)     from there south-westerly along the geodesic to the point of Latitude 12° 13′ 23″ South, Longitude 123° 00′ 26″ East;

(g)   from there south along the meridian of Longitude 123° 00′ 26″ East, to its intersection by the parallel of Latitude 12° 13′ 44″ South;

(h)   from there east along that parallel to its intersection by the meridian of Longitude   123° 01′ 15″ East;

(i)      from there south-westerly along the geodesic to the point of Latitude 12° 14′ 33″ South, Longitude 123° 00′ 17″ East;

(j)      from there west along the parallel of Latitude 12° 14′ 33″ South, to its intersection by the meridian of Longitude 122° 59′ 05″ East;

(k)    from there westerly along the geodesic to the south-easternmost point on the coastline of West Island at mean high water;

(l)      from there generally north-westerly along that high water mark to the point closest to the point of Latitude 12° 14′ 29.2″ South, Longitude 122° 58′ 08.1″ East;

(m) from there south-westerly along the geodesic to the point of Latitude 12° 14′ 33.7″ South, Longitude 122° 58′ 01.1″ East;

(n)   from there north-westerly along the geodesic to the point of Latitude 12° 14′ 32.3″ South, Longitude 122° 58′ 00.2″ East;

(o)   from there north-easterly along the geodesic to the point on the coastline of West Island at mean high water closest to the point of Latitude 12° 14′ 27.8″ South, Longitude 122° 58′ 07.1″ East;

(p)   from there generally north-westerly along that high water mark to the north easternmost point of the West  Island;

(q)   from there easterly along the geodesic to the point of Latitude 12° 14′ 16″ South, Longitude 122° 58′ 55″ East;

(r)     from there north-easterly along the geodesic to the point of Latitude 12° 14′ 12″ South, Longitude 122° 59′ 03″ East;

(s)    from there easterly along the geodesic to the point of Latitude 12° 14′ 11″ South, Longitude 122° 59′ 10″ East;

(t)     from there north-easterly along the geodesic to the point of Latitude 12° 13′ 37″ South, Longitude 123° 00′ 02″ East;

(u)   from there north along the meridian of Longitude 123° 00′ 02″ East, to its intersection by the parallel of Latitude 12° 13′ 23″ South;

(v)    from there westerly along the geodesic to the point of Latitude 12° 13′ 12″ South, Longitude 122° 59′ 02″ East;

(w)  from there north-westerly along the geodesic to the point of Latitude 12° 11′ 55″ South, Longitude 122° 55′ 04.5″ East;

(x)    from there north-easterly along the geodesic to the point of commencement.

Notes:

(1)          As described in the Commonwealth of Australia Gazette GN46 of 17 November 2004

(2)          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.

 

 


SCHEDULE 2 - MAPS OF PROHIBITED AREA

 

 

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000, enacted by the Parliament of Australia, were established to provide a comprehensive framework for the protection of the environment and biodiversity, including the management of marine reserves. These regulations aim to ensure that activities impacting the environment are managed effectively, thus addressing the gap in the regulation of activities that could potentially harm natural ecosystems. By implementing strict controls and prohibitions, the Regulations seek to preserve the ecological integrity of marine areas such as the Ashmore Reef Commonwealth Marine Reserve. This specific prohibition of entry to the Sanctuary Zone within the Ashmore Reef Commonwealth Marine Reserve, as detailed in the Gazette, is a measure to safeguard this sensitive area from unauthorised activities, thereby supporting the policy objective of conserving biodiversity and maintaining the health of marine environments.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, specifically under subregulation 12.23(3), pertain to the prohibition of entry into certain parts of the Ashmore Reef Commonwealth Marine Reserve, as delineated in Schedule 1 and marked as the "Sanctuary Zone (IUCN – Ia)" on the maps in Schedule 2. This regulation applies to all persons, barring officers, servants, and agents of the Commonwealth of Australia and its authorities who are acting in the course of their duties. The regulation is intended to protect the sanctuary zone of the Ashmore Reef Commonwealth Marine Reserve, a designated area within the Australian Commonwealth's jurisdiction. The geographic scope of this regulation is limited to the specified area of the Ashmore Reef Commonwealth Marine Reserve, with coordinates and boundaries clearly outlined in Schedule 1. There are no stated exclusions, exemptions, or thresholds within the regulation itself, though the application and enforcement of the regulation may be extended or restricted through subordinate instruments.

Key Provisions

The Environment Protection and Biodiversity Conservation Regulations 2000, as referenced in the Gazette C2013G01940, contain specific provisions that pertain to the prohibition of entry into designated parts of the Ashmore Reef Commonwealth Marine Reserve. Subregulation 12.23(3) outlines the prohibition, restricting access to the "Sanctuary Zone (IUCN – Ia)" within the Ashmore Reef Commonwealth Marine Reserve, except for officers, servants, and agents of the Commonwealth of Australia and its authorities when acting in the course of their duties. This restriction is clearly defined and demarcated in Schedule 1 and illustrated on the maps provided in Schedule 2. The regulations impose specific obligations on any persons intending to enter the prohibited area. Under these provisions, any individual or entity found within the designated "Sanctuary Zone" without proper authorization is in breach of the regulations. These obligations are intended to ensure the protection of the marine environment and biodiversity within the Reserve. Any entry into this area by unauthorized individuals must be strictly avoided to comply with the regulatory requirements. Breaches of the entry prohibition stipulated in subregulation 12.23(3) may result in civil and criminal consequences. The precise penalties for such breaches are not explicitly detailed in the provided excerpt of the Gazette, but generally, contraventions of environmental regulations can attract significant fines and potential imprisonment. The severity of penalties often depends on the nature and extent of the breach, with authorities having the discretion to impose the most appropriate sanctions under the relevant legislation. It is essential for any person or entity to adhere strictly to these regulations to avoid any legal repercussions.

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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.