South-East Marine Parks Determination Prohibiting Use of Vessels Engaged in Cage Towing

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to address the need for comprehensive protection of the environment and biodiversity in Australia, particularly in marine areas. This notifiable instrument, issued by Barbara Musso, Branch Head of Parks Australia, under the authority of the Director of National Parks, specifically targets the prohibition of the use of vessels engaged in cage towing within certain Marine National Park (IUCN II) zones in the South-East Marine Parks. The objective is to safeguard marine biodiversity and ecosystems by restricting activities that may pose a risk to these areas. This determination revokes the previous prohibition notice issued in 2018 and comes into effect on 1 July 2023, unless revoked or amended earlier. The enactment aims to ensure that any vessel activity involving cage towing in these zones is subject to a permit or approval from the Director, thereby enforcing stricter controls to protect the marine environment.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, specifically under sub-regulation 12.56(2), establish a prohibition on the use of vessels engaged in cage towing within certain Marine National Park (IUCN II) zones in the South-East Marine Parks listed in the Schedule. This prohibition applies to any person or entity using such vessels within these designated areas, unless they have a permit or approval issued by the Director of National Parks. The geographic reach of this regulation encompasses the specific Marine Parks outlined in the Schedule, including Apollo Marine Park, Beagle Marine Park, and others, thereby covering a broad area across the South-East Marine region. The regulation extends its application to any vessels involved in the practice of cage towing, which is defined as a vessel towing a cage suitable for caging fish. The regulation, effective from 1 July 2023, supersedes the previous determination published on 2 February 2018, ensuring updated compliance requirements for activities within these marine parks.

Key Provisions

The determination (s.1) specifies that the use of vessels engaged in cage towing is prohibited in Marine National Park (IUCN II) zones in each of the South-East Marine Parks listed in the Schedule, unless such use is done in accordance with a permit or approval issued by the Director of National Parks. This means that any vessel engaged in the practice of towing a cage suitable for caging fish is not allowed to operate in these specific zones without the necessary permit or approval. The listed marine parks include Apollo Marine Park, Beagle Marine Park, Boags Marine Park, East Gippsland Marine Park, Flinders Marine Park, Franklin Marine Park, Freycinet Marine Park, Huon Marine Park, Murray Marine Park, Nelson Marine Park, South Tasman Rise Marine Park, Tasman Fracture Marine Park, and Zeehan Marine Park. The obligations under this determination (s.2) require any person or entity intending to use a vessel engaged in cage towing within the specified marine park zones to obtain the appropriate permit or approval from the Director of National Parks. This ensures that any activity involving cage towing is closely monitored and regulated to protect the marine environment. Additionally, the Director of National Parks has the authority to issue these permits or approvals, subject to certain conditions and requirements that aim to mitigate any potential adverse environmental impacts. Vessels engaging in cage towing without the necessary permit or approval (s.3) will be in breach of the determination and may face various consequences. The specific offences, penalties, or civil/criminal consequences for breach are not detailed in the text provided. However, it is common for such breaches to result in fines, enforcement actions, or other legal remedies to ensure compliance with the regulation. The maximum penalties, if applicable, would typically be outlined in the primary legislation or in associated regulations that provide further detail on enforcement and sanctions.