Prohibition on taking species in certain areas of Norfolk Marine Park

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

Legislation au C2023G00220 In force Gazette

Legislation content

 

 

Environment Protection and Biodiversity Conservation Regulations 2000

Subregulation 12.23A(3)

NORFOLK MARINE PARK

PROHIBITION ON TAKING SPECIES IN CERTAIN AREAS OF NORFOLK MARINE PARK

I, Jody Swirepik, Director of National Parks, acting pursuant to subregulation 12.23A(3) of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth) (EPBC Regulations), having taken into account and being satisfied that the prohibition of the take of certain species in certain areas within Norfolk Marine Park is a necessary measure to protect lagoon reef health in Emily Bay and Slaughter Bay, HEREBY PROHIBIT the take of:

  1. any species from Emily Bay and Slaughter Bay (Zone 1); and
  2. echinoderms (urchin and sea cucumber) from Cemetery Bay (Zone 2),

 

in the Special Purpose Zone (Norfolk) (IUCN VI) in the Norfolk Marine Park, and as described in the Schedule to this prohibition, by all persons at all times.

This prohibition commences on the date and at the time on which this prohibition takes effect pursuant to law and ends when it is revoked, or replaced.

 

Dated this 15 day of February 2023

 

 

Jody Swirepik

Director of National Parks


SCHEDULE

Prohibition Areas

Emily Bay and Slaughter Bay (No Take - Zone 1)

Means all of that area in the Norfolk Marine Park Special Purpose Zone (Norfolk) (IUCN VI) (1), bounded by the line (2) and identified as Zone 1 in Figure 1 below:

 

(i)      commencing at the point of latitude 29° 03' 35" S, longitude 167° 57' 15" E

(ii)     from there north-westerly to the intersection of the meridian of longitude 167° 57' 12" E by the landward boundary of the Norfolk Marine Park Special Purpose Zone immediately south of the Kingston jetty, Norfolk Island.

(iii)   from there generally south-easterly along the Norfolk Marine Park Special Purpose Zone boundary (3) to the intersection of that boundary by the meridian of longitude 167° 57' 43" E directly south of the landmark located at the point of latitude 29° 03' 44" S, longitude 167° 57' 43" E at Point Hunter.

(iv)   from there south along the meridian of longitude 167° 57' 43" to the point of latitude 29° 03' 49" S, longitude 167° 57' 43" E.

(v)    from there north-westerly along the geodesic to the point of commencement.

 

Cemetery Bay (No Take of echinoderms - Zone 2)

Means all of that area in the Norfolk Marine Park Special Purpose Zone (Norfolk) (IUCN VI) (1), bounded by the line (2) and identified as Zone 2 in Figure 1 below:

 

(i)        commencing at the intersection of the meridian of longitude 167° 58' 15" E by the landward boundary of the Norfolk Marine Park Special Purpose Zone at Cemetery Bay, Norfolk Island.

(ii)       from there south-easterly along the geodesic to the point of latitude 29° 03' 30" S, longitude 167° 58' 18" E

(iii)     from there south-westerly along the geodesic to the point of latitude 29° 03' 48" S, longitude 167° 58' E

(iv)     from there south-westerly along the geodesic to the point of latitude 29° 03' 50" S, longitude 167° 57' 46" E

(v)       from there north-westerly along the geodesic to the point of latitude 29° 03' 49" S, longitude 167° 57' 43" E

(vi)     from there north along the meridian of longitude 167° 57' 43" to the Norfolk Marine Park Special Purpose Zone boundary directly south of the landmark located at the point of latitude 29° 03' 44" S, longitude 167° 57' 43" E at Point Hunter.

(vii)    From there generally easterly, then north-easterly along the Norfolk Marine Park Special Purpose Zone boundary (3) to the point of commencement.

 

Notes:

  1. The Norfolk Marine Park Special Purpose Zone (IUCN VI) tenorspn03 is described in the Temperate East Marine Parks Network Management Plan 2018.
  2. 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.
  3. The determination follows the Norfolk Marine Park Special Purpose Zone boundary on the landward side except where it overlaps with the Norfolk coastline boundary, then it is clipped to that boundary. The determination boundary follows the edge of the Kingston jetty based on world imagery (Source: Esri, Maxar, Earthstar Geographics and the GIS User Community).

 

 

 

 

 

 

 

 

Figure 1.

 

 

 

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 (Cth) were enacted by the Commonwealth Parliament to provide a regulatory framework for the protection of the environment, particularly with respect to matters of national environmental significance. This legislation was introduced to address the need for comprehensive environmental protection measures, ensuring that activities impacting the environment are regulated effectively. The Norfolk Marine Park Prohibition on Taking Species in Certain Areas 2023 was issued under subregulation 12.23A(3) of the Environment Protection and Biodiversity Conservation Regulations 2000 by Jody Swirepik, the Director of National Parks, with the policy objective of protecting lagoon reef health in Emily Bay and Slaughter Bay, and echinoderm populations in Cemetery Bay within the Norfolk Marine Park. The prohibition aims to safeguard these areas by preventing the taking of any species in specified zones, thereby contributing to the conservation efforts outlined in the Temperate East Marine Parks Network Management Plan 2018. This regulation came into effect on 15 February 2023 and will remain in place until revoked or replaced by further legislation.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, as amended by this gazette, apply to all persons within the Commonwealth of Australia, specifically targeting activities within the Norfolk Marine Park. The regulation prohibits the taking of any species from Emily Bay and Slaughter Bay, which are identified as Zone 1, and echinoderms, such as urchins and sea cucumbers, from Cemetery Bay, identified as Zone 2, within the Special Purpose Zone (Norfolk) (IUCN VI) of the Norfolk Marine Park. This prohibition is aimed at protecting the lagoon reef health in these areas and applies to all persons at all times, with no stated exclusions or exemptions within the zones specified. The geographic reach of this regulation is confined to the Norfolk Marine Park, a Commonwealth-managed area. Any further application or exceptions to this prohibition would be determined through subordinate instruments or additional regulations as may be issued under the authority of the EPBC Act and its Regulations.

Key Provisions

The primary operative sections of the Norfolk Marine Park regulations, as set out in the Gazette, prohibit the taking of any species in Emily Bay and Slaughter Bay (Zone 1) and echinoderms such as urchins and sea cucumbers in Cemetery Bay (Zone 2). This prohibition is in effect for all persons at all times within the Norfolk Marine Park's Special Purpose Zone (IUCN VI) (section 12.23A(3) of the EPBC Regulations). The specified areas are bounded by precise geographic coordinates and are detailed in the Schedule, which provides clear demarcations of the prohibited zones. The Act imposes several obligations on the parties and entities it governs. It mandates that no person shall take any species within the defined boundaries of Emily Bay and Slaughter Bay or echinoderms in Cemetery Bay. This prohibition is comprehensive, applying to all individuals regardless of their intent or purpose. Compliance requires adherence to the geographic boundaries and the types of species listed, ensuring that no unauthorised taking occurs within the designated zones. Violations of the prohibition may result in significant legal consequences. Under the Act, those who contravene the specified prohibitions may face criminal charges, civil penalties, or both, depending on the severity of the breach. The maximum penalties for such offences are not explicitly stated in the text but typically include fines and potential imprisonment for criminal offences, as well as substantial fines for civil penalties. The specific penalties would be determined by the relevant courts based on the circumstances of each case.

Legal classification tags

Area of Law
Environmental Law
Instrument
Gazette Notice
Concepts
Offence Provisions
Enforcement Powers
Regulatory Standards

Interactions

Authorises

All Versions

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.