{"id":"F2007B00689","name":"Proclamation - Macquarie Island Marine Park","slug":"proclamation-macquarie-island-marine-park","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":62479,"registerId":"commonwealth-F2007B00689-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Definitions","content":"#### 1 Definitions\n\nNote: A number of expressions used in this Schedule are defined in the Environment Protection and Biodiversity Conservation Act 1999, including exclusive economic zone and IUCN category.\n\n In this Schedule:\n\n> coastal waters means, in relation to a State, that part of the sea that is included in the coastal waters of the State (within the meaning of the Coastal Waters (State Powers) Act 1980).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Geographic coordinates","content":"#### 2 Geographic coordinates\n\n Geographic coordinates in this Schedule are expressed in terms of Geocentric Datum of Australia 1994.\n\n> Note: The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN 35 of 6 September 1995.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Area of reserve","content":"#### 3 Area of reserve\n\n The Macquarie Island Marine Park consists of an area in the Southern Ocean that is enclosed by:\n (a) the boundary of the outer limit of Australia’s exclusive economic zone adjacent to Macquarie Island; and\n (b) the boundary of the seaward limit of the coastal waters around Macquarie Island.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Zones for reserve","content":"#### 4 Zones for reserve\n\n (1) The Macquarie Island Marine Park is divided into the following zones:\n (a) the sanctuary zone described in clause 5;\n (b) the national park zone described in clause 6;\n (c) the habitat protection zone described in clause 7.\n (2) The sanctuary zone described in clause 5 is assigned to IUCN category Ia (strict nature reserve).\n (3) The national park zone described in clause 6 is assigned to IUCN category II (national park).\n (4) The habitat protection zone described in clause 7 is assigned to IUCN category IV (habitat/species management area).","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Zone 1 of reserve—sanctuary zone","content":"#### 5 Zone 1 of reserve—sanctuary zone\n\n Zone 1 of the reserve (also identified as semacsan01) consists of an area east of Macquarie Island that is bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.\n\n```html\n

Zone 1 of reserve—sanctuary zone

Item

Description

1

The point of latitude 54°00′00″S, longitude 159°05′00″E

2

South‑easterly along the geodesic to its intersection with the outer edge of the exclusive economic zone closest to the point of latitude 54°58′01.01″S, longitude 164°38′42.07″E

3

Generally southerly along the outer edge of the exclusive economic zone to the point closest of latitude 56°30′37.74″S, longitude 164°03′25.04″E

4

North‑westerly along the geodesic to the point on the seaward limit of the coastal waters around Bishop and Clerk Islands closest to latitude 55°10′23.16″S, longitude 158°40′35.03″E

5

Anti‑clockwise around the seaward limit of the coastal waters around Bishop and Clerk Islands to the point closest to latitude 55°06′40.56″S, longitude 158°35′23.65″E

6

North‑westerly along the geodesic to the point on the seaward limit of the coastal waters around Macquarie Island closest to latitude 54°45′04.42″S, longitude 158°41′24.15″E

7

Anti‑clockwise around the seaward limit of the coastal waters around Macquarie Island to the point closest to latitude 54°29′23.00″S, longitude 158°46′29.01″E

8

North‑easterly along the geodesic to the point on the seaward limit of the coastal waters around Judge and Clerk Island closest to latitude 54°21′25.00″S, longitude 158°54′24.61″E

9

Anti‑clockwise around the seaward limit of the coastal waters around Judge and Clerk Islands to the point closest to latitude 54°20′58.75″S, longitude 159°05′00″E

10

North along that meridian of longitude 159°05′00″E to the point of commencement

\n```","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Zone 2 of reserve—national park zone","content":"#### 6 Zone 2 of reserve—national park zone\n\n Zone 2 of the reserve (also identified as semacnpz02) consists of an area that is bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.\n\n```html\n

Zone 2 of reserve—national park zone

Item

Description

1

The point of latitude 52°42′26″S, longitude 161°09′04″E

2

South‑westerly along the geodesic to the point of latitude 54°03′59.68″S, longitude 159°25′00″E

3

South‑easterly along the geodesic to its intersection with the outer edge of the exclusive economic zone closest to the point of latitude 54°58′01.01″S, longitude 164°38′42.07″E

4

Anti‑clockwise along the outer edge of the exclusive economic zone to the point closest to latitude 56°30′37.74″S, longitude 164°03′25.04″E

5

North‑westerly along the geodesic to the point of latitude 55°13′0.65″S, longitude 158°50′ 00″E

6

South along the meridian of longitude 158°50′00″E to its intersection by the parallel of latitude 57°00′00″S

7

West along the parallel of latitude 57°00′00″S to its intersection by the meridian of longitude 158°2′15″E

8

North along the meridian of longitude 158°02′15″E to its intersection by the parallel of latitude 53°53′57″S

9

North‑easterly along the geodesic to the point latitude 52°42′26″S, longitude 159°16′50″E

10

East along the parallel of latitude 52°42′26″S to the point of commencement

\n```","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Zone 3 of reserve—habitat protection zone","content":"#### 7 Zone 3 of reserve—habitat protection zone\n\n Zone 3 of the reserve (also identified as semachpz03) consists of an area west of Macquarie Island that is bounded by the line commencing at the point described in item 1 of the following table and running progressively as described in the table.\n\n```html\n

Zone 3 of reserve—habitat protection zone

Item

Description

1

The point of latitude 52°42′26″S, longitude 159°16′50″E

2

East along the parallel of latitude 52°42′26″S to its intersection by the meridian of longitude 161°09′04″E

3

South‑westerly along the geodesic to the point of latitude 54°03′59.68″S, longitude 159°25′00″E

4

North‑westerly along the geodesic to the point of latitude 54°00′00″S, longitude 159°05′00″E

5

South along that meridian of longitude 159°05′00″E to the point on the seaward limit of the coastal waters around Judge and Clerk Islands closest to latitude 54°20′58.75″S, longitude 159°05′00″E

6

Anti‑clockwise around the seaward limit of the coastal waters around Judge and Clerk Island to the point closest to latitude 54°21′25.00″S, longitude 158°54′24.61″E

7

South‑westerly along the geodesic to the point on the seaward limit of the coastal waters around Macquarie Island closest to latitude 54°29′23.00″S, longitude 158°46′29.01″E

8

Anti‑clockwise around the seaward limit of the coastal waters around Macquarie Island to the point closest to latitude 54°45′04.42″S, longitude 158°41′24.15″E

9

South‑easterly along the geodesic to the point on the seaward limit of the coastal waters around Bishop and Clerk Island closest to latitude 55°06′40.56″S, longitude 158°35′23.65″E

10

Anti‑clockwise around the seaward limit of the coastal waters around Bishop and Clerk Islands to the point closest to latitude 55°10′23.16″S, longitude 158°40′35.03″E

11

South‑easterly along the geodesic to the point of latitude 55°13′00.65″S to its intersection by the meridian of longitude 158°50′00″E

12

South along the meridian of longitude 158°50′00″E to its intersection by the parallel of latitude 57°00′00″S

13

West along the parallel of latitude 57°00′00″S to its intersection by the meridian of longitude 158°02′15″E

14

North along the meridian of longitude 158°02′15″E to its intersection by the parallel of latitude 53°53′57″S

15

North‑easterly along the geodesic to the point of commencement

\n```","sortOrder":6}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Schedule, as drafted, defines the geographic extent and zoning of the Macquarie Island Marine Park and assigns IUCN categories (clauses 3–7 and clause 4). The text does not show any amendment or narrowing/broadening compared to an earlier statutory statement within this document itself; it simply fixes boundaries and zone labels and relies on other Acts for certain definitions (clause 1 Note). No material in the Schedule indicates a change of scope from any prior instrument within the text supplied."},"complexity_factors":["Detailed geospatial descriptions using multiple latitude/longitude points and mixed path types (geodesics, meridians, parallels) in clauses 5–7.","Dependence on external legal definitions (exclusive economic zone, seaward limit of coastal waters, IUCN category) defined in other Acts (clause 1 Note).","Technical requirement to use a specific datum (GDA94) for all coordinates (clause 2), requiring precise mapping products for enforcement.","Three legally distinct zones with different IUCN assignments (clause 4) but no operational rules in the Schedule itself, requiring further regulatory instruments to implement substantive restrictions.","Potentially complex mapping and enforcement burden to reconcile the Schedule’s descriptions with maritime boundaries and navigational practice (clauses 3–7)."],"plain_english_summary":"What this instrument does, in plain English\n\n- It establishes the Macquarie Island Marine Park by describing exactly where the park is and how it is divided. Mechanically, the Schedule (the legal text you provided) does three main things:\n - Defines terms used in the Schedule and points to related definitions in other Commonwealth laws (see clause 1 and the Note referencing the Environment Protection and Biodiversity Conservation Act 1999 and the Coastal Waters (State Powers) Act 1980).\n - States the coordinate reference system used for all locations (Geocentric Datum of Australia 1994) so the boundary points are precise (clause 2).\n - Sets the spatial extent of the reserve (an area between the outer limit of Australia’s exclusive economic zone and the seaward limit of coastal waters around Macquarie Island) and divides it into three named zones with assigned IUCN categories: a sanctuary zone (Zone 1, IUCN Ia), a national park zone (Zone 2, IUCN II) and a habitat protection zone (Zone 3, IUCN IV). The text gives step‑by‑step geodesic and meridian/parallel instructions and precise latitude/longitude points for the perimeter of each zone (clauses 3–7).\n\nStated purpose-claims and how the instrument implements them\n\n- The Schedule assigns internationally recognised IUCN categories to the three zones (clauses 4(2)–(4)). The Schedule itself does not set out rules for specific activities; instead it fixes the park’s boundaries and the zone labels and references the relevant legal definitions. Assigning IUCN categories is a mechanism that, in practice, is used to indicate different levels of protection and management approaches. That stated mechanism (labelling zones and providing precise boundaries) is implemented by the detailed geographic descriptions in clauses 5–7.\n\nEffects on behaviour, who pays, and who decides\n\n- Who decides: the Schedule (a legal instrument) sets the park boundaries and zone assignments (clauses 3–7). Other laws and instruments that govern permitted or prohibited activities (for example, regulations or management plans made under the Environment Protection and Biodiversity Conservation Act 1999) will determine specific legal permissions, prohibitions and enforcement tools. The Schedule points to external legal definitions (clause 1 Note), so implementation requires coordination with those other legal frameworks.\n\n- Who pays / who faces direct costs: the Schedule itself does not establish fees, subsidies or compensation. Any direct compliance costs (for example, altered fishing, research, tourism or shipping routes) would fall on the persons or businesses who operate in or next to the park if later regulatory instruments restrict activities in particular zones. Administrative costs for mapping, signage, monitoring and enforcement would fall to responsible government agencies implementing management measures; those budgets are not set in this Schedule (see clauses 3–7 for the geographic scope and clause 1 for cross-references to other Acts).\n\nIncentives, trade-offs and likely substitution effects\n\n- Incentives: labelling zones with IUCN categories (clause 4) creates a legal foundation for differential treatment of activities inside the park. If later regulations restrict resource extraction or certain uses in the more protected zones, that will increase the marginal cost of operating inside them and create an incentive to relocate activities to less restricted areas or outside the EEZ boundary.\n\n- Trade-offs and substitution: because the Schedule fixes geographic limits and zones (clauses 3–7), any activity curtailed in these zones (once rules are enacted) is likely to shift to other marine areas. The Schedule does not itself quantify or compensate for such shifts.\n\nCompliance burden, bureaucratic discretion and implementation risk\n\n- Compliance burden: operators must use precise geospatial information (GDA94 coordinates, clause 2) to determine zone boundaries and to comply with any activity restrictions that are later imposed. The Schedule’s reliance on geodesic paths and references to the ‘‘outer edge of the exclusive economic zone’’ and the ‘‘seaward limit of the coastal waters’’ means that mapping and navigational interpretation will be necessary (clauses 3–7 and clause 1 Note). This imposes a practical burden on both users (to understand the boundaries) and regulators (to produce accurate public maps and navigation guidance).\n\n- Bureaucratic discretion and interdependencies: the Schedule references other statutory concepts (exclusive economic zone and seaward limit of coastal waters) that are defined in other Acts (clause 1 Note). That creates dependence on how those boundaries are fixed or updated under other instruments, and on subsequent regulatory decisions about what is and is not permitted in each IUCN category. The Schedule does not itself exercise discretion about permitted uses; that will occur in the EPBC Act regulatory and management-planning process.\n\n- Implementation risk: precise enforcement requires accurate geospatial products and monitoring capacity to detect incursions across complex geodesic boundaries described in clauses 5–7. The Schedule’s technical boundary descriptions make implementation achievable but require technical mapping, publication of authoritative charts, and operational enforcement arrangements.\n\nConcrete legal mechanics you can point to in the text\n\n- Clause 1: definition of coastal waters and cross-reference to other Acts for certain expressions.\n- Clause 2: use of GDA94 as the datum for all coordinates.\n- Clause 3: defines the overall area of the marine park as the area between Australia’s EEZ outer limit adjacent to Macquarie Island and the seaward limit of coastal waters around Macquarie Island.\n- Clause 4: divides the park into three zones and assigns IUCN categories (clause 4(1)–(4)).\n- Clauses 5–7: provide the detailed, stepwise latitude/longitude and geodesic/meridian/parallel descriptions for the perimeter of Zones 1–3 respectively.\n\nNet effect, distilled\n\n- Mechanically, this Schedule creates a legally defined marine park by fixing its boundaries in GDA94 coordinates and dividing it into three zones with assigned IUCN categories. The Schedule does not itself set activity-by-activity permissions or enforcement measures; those follow from the legal and administrative instruments that operate under or alongside the Environment Protection and Biodiversity Conservation Act and other maritime laws. The primary immediate effects are (1) to put precise, legally enforceable geographic limits in place (clauses 2–7) and (2) to label zones with internationally recognised protection categories (clause 4), thereby creating the legal foundation for later management rules that will produce costs and behavioural change for users of the area."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This proclamation serves its original intended purpose: to establish a marine park with defined boundaries and zoning. It does not appear to have expanded beyond the original scope of creating a protected area around Macquarie Island. The three-zone structure (sanctuary, national park, habitat protection) is a standard approach for Australian marine parks and reflects the original policy intent of graduated protection levels."},"complexity_factors":["Extensive geographic coordinate tables defining zone boundaries (3 zones with 10-15 coordinate points each)","Technical maritime boundary references (exclusive economic zone, coastal waters, geodesic lines)","Cross-references to external legislation (Environment Protection and Biodiversity Conservation Act 1999, Coastal Waters (State Powers) Act 1980)","IUCN category classifications requiring external knowledge of international conservation standards","Precise navigational terminology (meridians, parallels, geodesics, anti-clockwise boundary tracing)"],"plain_english_summary":"This legislation creates the **Macquarie Island Marine Park** in the Southern Ocean, establishing a protected area of ocean around Macquarie Island and its nearby smaller islands (Bishop and Clerk Islands, Judge and Clerk Islands).\n\n**What it does:**\n- **Defines the park boundaries** using precise geographic coordinates, stretching from Australia's coastal waters around the islands out to the edge of Australia's exclusive economic zone (the offshore area where Australia has special rights to explore and use marine resources).\n- **Divides the park into three zones with different protection levels:**\n - **Sanctuary zone (Zone 1)** — east of Macquarie Island. This is the most protected area (IUCN Category Ia: strict nature reserve), where human activities are heavily restricted to preserve nature in its purest state.\n - **National park zone (Zone 2)** — a larger surrounding area (IUCN Category II: national park), allowing some activities but focused on ecosystem protection and recreation.\n - **Habitat protection zone (Zone 3)** — west of Macquarie Island (IUCN Category IV: habitat/species management area), designed to protect specific habitats and species through active management.\n\n**Who it affects:**\n- **Fishers and commercial operators** — restrictions apply on what activities can occur in each zone.\n- **Scientists and researchers** — may need permits for activities in protected zones.\n- **Tourists and visitors** — rules govern what they can do in different parts of the park.\n- **Tasmania and the Australian Government** — the park sits within Tasmanian coastal waters and the Commonwealth exclusive economic zone, requiring coordinated management.\n\n**Why it matters:**\nMacquarie Island is a UNESCO World Heritage site and critical habitat for seals, penguins, and seabirds. This proclamation protects the surrounding marine ecosystem from overfishing, pollution, and other human impacts, helping preserve biodiversity in one of the world's most important sub-Antarctic environments."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-macquarie-island-marine-park","history":"/api/acts/proclamation-macquarie-island-marine-park/history","analysis":"/api/acts/proclamation-macquarie-island-marine-park/analysis","conflicts":"/api/acts/proclamation-macquarie-island-marine-park/conflicts","importantCases":"/api/acts/proclamation-macquarie-island-marine-park/important-cases","documents":"/api/acts/proclamation-macquarie-island-marine-park/documents"}}