Prohibition of Entry - Parts of Ashmore Reef Commonwealth Marine Reserve

Administered by Department of the Environment and Energy

Legislation au C2012G00370 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, Marine Division, Department of Sustainability, Environment, Water, Population and Communities, 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.

 

AND I HEREBY REVOKE the prohibition of access relating to Ashmore Reef National Nature Reserve made under Regulation 12.23 of the Regulations on the 9th day of June 2009 and published in the Gazette No. GN 23 on the 17th day of June 2009.

 

 

Signed - 17 November 2012

 

 

 

Charlton Clark

Assistant Secretary

Commonwealth Marine Reserves Branch

Department of Sustainability, Environment, Water, Population and Communities

Delegate of the Director of National Parks

 

 


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 were enacted to address the problem of protecting Australia's biodiversity and the environment, particularly in marine areas. The regulations provide a comprehensive framework for the protection of flora, fauna, ecological communities, and their habitats, as well as the management of activities that may impact them. The Environment Protection and Biodiversity Conservation Act 1999 (Cth) empowers the Commonwealth Government to establish marine reserves, which are critical for the conservation of marine ecosystems and the sustainable use of marine resources. This particular regulation, issued under subregulation 12.23(3) by Charlton Clark, Assistant Secretary of the Commonwealth Marine Reserves Branch, Department of Sustainability, Environment, Water, Population and Communities, prohibits entry to a specific part of the Ashmore Reef Commonwealth Marine Reserve, except for officers, servants, and agents of the Commonwealth and its authorities acting in the course of their duties. The policy objective of this regulation is to protect the sensitive marine environment of the Ashmore Reef Commonwealth Marine Reserve, particularly the Sanctuary Zone, which is of significant ecological importance.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, specifically subregulation 12.23(3) as applied to the Ashmore Reef Commonwealth Marine Reserve, mandates the prohibition of entry into the Sanctuary Zone of the reserve, except for officers, servants, and agents of the Commonwealth of Australia and its authorities when acting in the course of their duties. This regulation applies to all persons, barring those specifically exempt, and is enforced across the entirety of the Sanctuary Zone of the Ashmore Reef Commonwealth Marine Reserve. The jurisdictional reach of this regulation is national, administered by the Department of Sustainability, Environment, Water, Population and Communities. The regulation revokes a previous prohibition of access to the Ashmore Reef National Nature Reserve that was made under Regulation 12.23 on June 9, 2009, and published in the Gazette on June 17, 2009. The application of this prohibition is limited to the Sanctuary Zone of the Ashmore Reef Commonwealth Marine Reserve, which is precisely defined in Schedule 1 and depicted on the maps in Schedule 2, all of which refer to the Geocentric Datum of Australia 1994 (GDA94).

Key Provisions

The Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations) under subregulation 12.23(3) establish that the area of Ashmore Reef Commonwealth Marine Reserve, specifically the "Sanctuary Zone (IUCN – Ia)" as detailed in Schedule 1 and depicted in Schedule 2, is off-limits to all individuals except officers, servants, and agents of the Commonwealth of Australia and its authorities who are acting in the course of their duties. This prohibition supersedes the previous access restriction on the Ashmore Reef National Nature Reserve, which was revoked by this regulation. This legislation imposes a clear restriction on entry to a defined part of the Ashmore Reef Commonwealth Marine Reserve. The prohibition applies universally to all individuals, except those specifically exempted, which include officers, servants, and agents of the Commonwealth, provided they are acting within the scope of their official duties. This restriction is intended to protect the ecological integrity of the marine reserve, ensuring that only authorised personnel can access the area to carry out necessary management and conservation activities. Non-compliance with this prohibition is subject to legal consequences. The specific offences, penalties, or civil/criminal consequences are not explicitly detailed in the regulation but generally, unauthorised entry into a protected area under the EPBC Regulations could result in substantial penalties. Under the EPBC Act, individuals may face fines up to a maximum of $66,000 for individuals and $330,000 for bodies corporate, along with potential imprisonment terms. The exact penalties may vary depending on the specific circumstances and severity of the breach. The regulation also revokes any prior restrictions on access to the Ashmore Reef National Nature Reserve that were previously in place, as detailed in Regulation 12.23 and published in Gazette No. GN 23 on 17 June 2009. This revocation ensures that the current prohibition is the only applicable restriction in the specified area, providing clarity and avoiding any potential conflicts between the old and new regulations.

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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.