Revocation of Prohibition of Entry to Cartier Island Marine Park and Part of Ashmore Reef Marine Park

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations) were enacted to address the need for comprehensive protection of Australia's natural and cultural heritage. These regulations were introduced by the Australian Parliament under the authority of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The primary policy objective of the EPBC Act and its associated regulations is to protect and manage Australia's environmental assets by preventing significant environmental harm. The revocation of the prohibition on entry to Cartier Island Marine Park and part of Ashmore Reef Marine Park, as notified in the Gazette on 27 June 2018 by Jason Mundy, Acting Director of National Parks, signifies a shift in the regulatory approach to these marine parks, likely in response to updated environmental assessments or conservation strategies.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, specifically subregulation 12.23(3), governs the revocation of the prohibition of entry to designated marine parks, such as the Cartier Island Marine Park and part of the Ashmore Reef Marine Park. This Act applies to any person or entity attempting to enter the areas previously restricted under the prohibitions announced on 14 December 2013, which were subsequently notified in the Gazette and published on 19 December 2013. The revocation of these prohibitions, signed by Jason Mundy, Acting Director of National Parks, on 27 June 2018, indicates that the restrictions previously in place are no longer applicable, thereby allowing access to these marine parks. The jurisdictional reach of this Act is Commonwealth-wide, as it pertains to the national protection and management of the environment and biodiversity within Australia's marine parks.

Key Provisions

The Environment Protection and Biodiversity Conservation Regulations 2000, under subregulation 12.23(3), have been amended to revoke certain prohibitions previously established. Specifically, the revocation pertains to the prohibitions that were put in place on 14 December 2013, which restricted entry to part of the Ashmore Reef Marine Park and to Cartier Island Marine Park. These prohibitions had been notified in the Gazette (C2013G01940 and C2013G01942 respectively) and published on 19 December 2013. The revocation of these prohibitions indicates that entry to these marine parks is now permitted, subject to any other applicable regulations. The obligations imposed by these regulations are primarily on entities and individuals who may have been affected by the initial prohibitions. With the revocation, those who wish to enter the Ashmore Reef Marine Park or Cartier Island Marine Park must now comply with any other regulations that may apply to these areas. This includes adhering to guidelines set forth by the Environment Protection and Biodiversity Conservation Act 1999, ensuring that any activities undertaken within the marine parks do not harm the protected species or habitats. Failure to comply with the Environment Protection and Biodiversity Conservation Regulations 2000 could result in both civil and criminal consequences. Under the Act, individuals or entities found in breach of the regulations may face fines and penalties. For instance, the maximum penalty for contravening a regulation under the Act is significant, with fines reaching up to $66,600 for individuals and $333,000 for corporations, depending on the severity and nature of the breach. Additionally, criminal charges could be laid against those who intentionally or recklessly disregard the regulations, leading to further legal ramifications.