South-east Network of Marine Parks Determination Prohibiting use of Vessels Engaged in Cage Towing

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to address issues concerning the protection and management of the environment, particularly focusing on biodiversity conservation. The regulations were introduced by the Australian Parliament and aim to provide a framework for the protection of the environment, including marine ecosystems. One of the gaps this legislation aimed to address was the need for stringent regulations to manage and protect marine biodiversity, particularly in designated marine parks. The policy objective of these regulations is to ensure the sustainable use of natural resources while maintaining ecological integrity. On 2 February 2018, Dr Andrew Read, acting on behalf of the Director of National Parks, issued a determination under sub-regulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000. This determination prohibits the use of vessels engaged in cage towing within sanctuary and marine national park zones in specific marine parks unless a permit or approval is obtained. This action was taken to further protect marine ecosystems from potential negative impacts associated with cage towing activities.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, specifically under sub-regulation 12.56(2), establish that the South-East Network of Marine Parks includes a prohibition on the use of vessels engaged in cage towing within designated Sanctuary (IUCN Ia) and Marine National Park (IUCN II) network management zones. This determination applies to all marine parks listed in the Schedule, which encompasses a range of marine parks such as Apollo, Beagle, and others, each located within the South-East Network. The prohibition applies to any vessel towing a cage suitable for caging fish, unless a permit or approval is obtained from the Director. This legislative action extends to the entire network, thereby affecting any individual or entity involved in activities that involve cage towing within these specified marine park zones. The geographic scope is national, covering all the marine parks listed within the South-East Network. The exclusions from this regulation are limited to activities conducted in compliance with a valid permit or approval from the Director. Any modifications or extensions to the application of this regulation may be managed through subordinate instruments or further determinations under the South-east Commonwealth Marine Reserve Network Management Plan.

Key Provisions

The main operative sections of the determination revolve around prohibiting the use of vessels engaged in cage towing within the specified network management zones of the South-East Network of Marine Parks unless a permit or approval is obtained from the Director. Specifically, section 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000 provides the authority to make this determination. Section 5.3.1 of the South-east Commonwealth Marine Reserve Network Management Plan further clarifies the scope of the areas affected by this prohibition. The determination applies to Sanctuary (IUCN Ia) and Marine National Park (IUCN II) network management zones in the marine parks listed in the Schedule. The Act imposes several obligations and requirements on the parties and entities governed by it. Vessels engaged in cage towing are strictly prohibited from operating in the designated areas unless they have obtained a permit or approval from the Director. This requirement ensures that any activities involving cage towing in these marine parks are carefully monitored and regulated to protect the marine environment. The determination also revokes the previous prohibition announced in Gazette C2015G00180, effective from 2nd February 2018. This change consolidates and updates the regulations for the South-East Network of Marine Parks, replacing the earlier provisions with the current determination. Any breach of the prohibitions set out in the determination may result in significant legal consequences. While the determination itself does not explicitly state penalties, breaches of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) can lead to substantial fines and imprisonment. Under the EPBC Act, individuals and corporations found guilty of contravening the Act can face fines of up to AUD 66,000 for individuals and AUD 330,000 for corporations, along with potential imprisonment terms. These penalties underscore the seriousness of non-compliance with the marine park regulations and the importance of adhering to the permit and approval requirements.