{"id":"F2007L01919","name":"Proclamation - Nelson Marine Park","slug":"proclamation-nelson-marine-park","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":66775,"registerId":"commonwealth-F2007L01919-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation - Nelson Marine Park","content":"![](image.001.png)\n\nProclamation ‑ Nelson Marine Park\n\nmade under subsection 344(1) of the\n\nEnvironment Protection and Biodiversity Conservation Act 1999\n\nCompilation No. 1\n\nCompilation date: 11 October 2017\n\nIncludes amendments up to: F2017L01337\n\nRegistered: 23 October 2017\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Proclamation - Nelson Marine Park that shows the text of the law as amended and in force on 11 October 2017 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nEditorial changes\n\nFor more information about any editorial changes made in this compilation, see the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\nI, PROFESSOR MARIE BASHIR, AC, CVO, Deputy for the Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under subsection 344(1) of the Environment Protection and Biodiversity Conservation Act 1999:\n\n  (a) declare the area specified in the Schedule to this Proclamation to be a Commonwealth reserve for the purposes of protecting and maintaining biological diversity and contributing to the National Representative System of Marine Protected Areas; and\n  (b) specify that the seabed to a depth of 100 metres, is included in the reserve; and\n  (c) give the reserve the name “Nelson Marine Park”; and\n  (d) assign the reserve to the IUCN category of managed resource protected area.\n\nSchedule—Nelson Marine Park\n\nAll of that area within the Southern Ocean contained within and bounded as follows\\*:\n\n  (i) commencing at the point of latitude 38 degrees 50 minutes south, longitude 139 degrees 59 minutes 47 seconds east;\n  (ii) then east along the parallel of latitude 38 degrees 50 minutes south, to its intersection with the adjacent area\\*\\* boundary between South Australia and Victoria;\n  (iii) then south‑westerly along that adjacent area boundary to its intersection with the parallel of latitude 39 degrees 43 minutes south;\n  (iv) then west along the parallel of latitude 39 degrees 43 minutes south, to its intersection with the meridian of longitude 139 degrees 2 minutes 42 seconds east; and\n  (v) then north‑easterly along the geodesic to the point of commencement.\n\n\\* All 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.\n\n\\*\\* The adjacent area in relation to each State and the Northern Territory is the area the boundary of which is described under the headings referring to that State and the Northern Territory in Schedule 2 to the Petroleum (Submerged Lands) Act 1967 immediately before the commencement of the Coastal Waters (State Powers) Act 1980 and Coastal Waters (Northern Territory Powers) Act 1980.\n\n> Note: Endnotes\n\n> Note: Endnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nEditorial changes\n\nThe Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.\n\nIf the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.\n\nIf a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.\n\n> Note: Endnote 2—Abbreviation key\n\n| ad = added or inserted                         | o = order(s)                        |\n| ---------------------------------------------- | ----------------------------------- |\n| am = amended                                   | Ord = Ordinance                     |\n| amdt = amendment                               | orig = original                     |\n| c = clause(s)                                  | par = paragraph(s)/subparagraph(s)  |\n| C[x] = Compilation No. x                       | /sub‑subparagraph(s)                |\n| Ch = Chapter(s)                                | pres = present                      |\n| def = definition(s)                            | prev = previous                     |\n| Dict = Dictionary                              | (prev…) = previously                |\n| disallowed = disallowed by Parliament          | Pt = Part(s)                        |\n| Div = Division(s)                              | r = regulation(s)/rule(s)           |\n| ed = editorial change                          | reloc = relocated                   |\n| exp = expires/expired or ceases/ceased to have | renum = renumbered                  |\n| effect                                         | rep = repealed                      |\n| F = Federal Register of Legislation            | rs = repealed and substituted       |\n| gaz = gazette                                  | s = section(s)/subsection(s)        |\n| LA = Legislation Act 2003                      | Sch = Schedule(s)                   |\n| LIA = Legislative Instruments Act 2003         | Sdiv = Subdivision(s)               |\n| (md) = misdescribed amendment can be given     | SLI = Select Legislative Instrument |\n| effect                                         | SR = Statutory Rules                |\n| (md not incorp) = misdescribed amendment       | Sub‑Ch = Sub‑Chapter(s)             |\n| cannot be given effect                         | SubPt = Subpart(s)                  |\n| mod = modified/modification                    | underlining = whole or part not     |\n| No. = Number(s)                                | commenced or to be commenced        |\n\n> Note: Endnote 3—Legislation history\n\n| Name                                                                                                                     | Registration              | Commencement                                 | Application, saving and transitional provisions |\n| ------------------------------------------------------------------------------------------------------------------------ | ------------------------- | -------------------------------------------- | ----------------------------------------------- |\n| Proclamation ‑ Nelson Commonwealth Marine Reserve                                                                        | 2 July 2007 (F2007L01919) | 31 Aug 2007                                  |                                                 |\n| Environment Protection and Biodiversity Conservation Amendment (Commonwealth Marine Reserves Renaming) Proclamation 2017 | 10 Oct 2017 (F2017L01337) | Sch 1 (item 94): 11 Oct 2017 (s 2(1) item 1) | —                                               |\n\n> Note: Endnote 4—Amendment history\n\n| Provision affected          | How affected   |\n| --------------------------- | -------------- |\n| par (c)...................  | am F2017L01337 |\n| commencement par..........  | rep LA s 48D   |\n| Schedule                    |                |\n| Schedule heading........... | rs F2017L01337 |","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Amendments recorded in the endnotes (notably F2017L01337) altered the name/heading (par (c) and Schedule heading) but do not show a substantive change to the geographic area, seabed depth inclusion (100 m) or the reserve’s statutory creation under subsection 344(1) EPBC Act 1999. The core scope—creation of the reserve with the specified boundaries and seabed limit—remains as originally proclaimed (Endnote 3; Endnote 4)."},"complexity_factors":["Legal source is short but relies on cross‑references (subsection 344(1) EPBC Act 1999) for legal effect.","Boundary definition uses precise coordinates expressed in Geocentric Datum of Australia 1994 (GDA94) (Schedule).","Schedule refers to externally defined 'adjacent area' boundaries in Schedule 2 to the Petroleum (Submerged Lands) Act 1967, requiring users to consult another statute to map the reserve.","Seabed inclusion limited to 100 metres depth — creates a vertical limit that distinguishes seabed rights from broader water column regulation (Schedule).","Administrative decision‑making and naming were altered by later compilation/amendments (Endnotes 3–4), adding an editorial/record‑keeping layer.","Assignment of an IUCN category embeds an international management label without detailing domestic regulatory measures in the proclamation itself."],"plain_english_summary":"This proclamation, made under subsection 344(1) of the Environment Protection and Biodiversity Conservation Act 1999, declares a defined part of the Southern Ocean a Commonwealth reserve called Nelson Marine Park, includes the seabed to a depth of 100 metres, and assigns it the IUCN category “managed resource protected area.” The document fixes precise boundary coordinates (GDA94) and cross‑refs adjacent area limits in the Petroleum (Submerged Lands) Act 1967. It creates a legal basis that will affect anyone seeking to use or manage those waters or seabed."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation has remained true to its original purpose. The 2017 amendment was purely cosmetic — changing 'Commonwealth Marine Reserve' to 'Marine Park' in the name and title. The boundaries, conservation objectives, and legal effect have not expanded beyond the original 2007 proclamation."},"complexity_factors":["Single operative section with four straightforward declaratory paragraphs (a)-(d)","Only one substantive amendment since 2007 (renaming from 'Commonwealth Marine Reserve' to 'Marine Park')","Geographic description uses standard coordinate-based boundary methodology common to maritime proclamations","Minimal defined terms — only references to external legislation (Petroleum (Submerged Lands) Act 1967) for boundary definitions","No conditional logic, exceptions, or nested provisions","Length: approximately 2 pages of substantive content excluding administrative endnotes"],"plain_english_summary":"Nelson Marine Park proclaims a Commonwealth-protected area of the Southern Ocean (including seabed to 100 m) off South Australia and Victoria, bringing it under the EPBC Act. It designates the area as a managed‑resource protected area (IUCN Category VI), prioritizing conservation while allowing some sustainable use. \n\nThe proclamation affects fishers, shipping and oil/gas operators (now subject to federal approvals), as well as scientists and conservationists, and formalizes mapped boundaries spanning SA–Victoria waters."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-nelson-marine-park","history":"/api/acts/proclamation-nelson-marine-park/history","analysis":"/api/acts/proclamation-nelson-marine-park/analysis","conflicts":"/api/acts/proclamation-nelson-marine-park/conflicts","importantCases":"/api/acts/proclamation-nelson-marine-park/important-cases","documents":"/api/acts/proclamation-nelson-marine-park/documents"}}