Environment Protection and Biodiversity Conservation (Cocos (Keeling) Islands Marine Park Management Plan) Instrument 2025
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legislative instrument
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This instrument is the management plan for the Cocos (Keeling) Islands Marine Park under the EPBC Act. It assigns IUCN categories and maps zones, lists what activities are allowed, allowable (with authorisation) or prohibited, and sets out permit, class approval and licence processes. The plan affects local fishers, tourism and shipping operators, researchers, Commonwealth agencies and the Cocos Malay community because it governs access, fishing rules, infrastructure works and cultural harvesting permissions.
This instrument is the Environment Protection and Biodiversity Conservation (Cocos (Keeling) Islands Marine Park Management Plan) Instrument 2025. It is a management plan made by the Director of National Parks under ss 366 and 368 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and approved by the Minister under ss 370(3) and 371(1) of the EPBC Act (see 1.1 Introductory provisions). It commences the day after registration on the Federal Register of Legislation (1.1 Commencement).
Mechanically, the instrument does the following:
Declares the management framework, zoning and prescriptions for Cocos (Keeling) Islands Marine Park, which covers approximately 467,054 km2 of Australian waters around the Cocos (Keeling) Islands (2.1). The plan assigns the marine park overall to IUCN category II and divides it into National Park Zones (IUCN II) and a Habitat Protection Zone (Cocos (Keeling) Islands) (IUCN IV) (4.1).
Specifies what activities are allowed without a separate authorisation, what activities are allowable subject to authorisation, and what activities are prohibited in each zone. The rules are set out in Table 4.1 and the detailed prescriptions in Sections 4.3.1-4.3.16. The plan relies on a three-tier authorisation regime: permits, class approvals and activity licences/leases (4.2; 4.5).
Provides the Director with powers and procedures for assessment and decision‑making, including decision criteria (4.4.1), processes for reconsideration and merits review under the Administrative Review Tribunal Act 2024 and Division 14.3 of the EPBC Regulations (4.4.3), and powers to issue, vary, suspend or cancel permits, class approvals and licences (4.5).
Allows, subject to separate legal approvals under the EPBC Act and other laws, a cultural harvest of red-footed booby (sula sula) where such a harvest is approved under those laws; if approved the harvest may proceed in the marine park without a separate authorisation from the Director (4.3.14.1).
Current sections
Direct links to the current provisions in Environment Protection and Biodiversity Conservation (Cocos (Keeling) Islands Marine Park Management Plan) Instrument 2025.
The vision statement was developed with input from a range of Cocos (Keeling) Island community members and is designed to reflect the island community’s aspirations for the local marine environment and Cocos (Keeling) Islands Marine Park.
Note on translations: Cocos Malay is the most commonly spoken language on Cocos (Keeling) Islands and an important part of Cocos Malay culture. The management plan recognises this by providing Cocos Malay translations for key passages of text, and for species and places where appropriate.
Objectives
Objectives
Objectives
The objectives of Cocos (Keeling) Islands Marine Park are:
To protect and conserve biodiversity and other natural and cultural values
To provide for ecologically sustainable use that supports positive social and economic outcomes.
Tujuan Taman Lautan Pulu Cocos (Keeling) adalah untuk menyediakan:
Untuk melindungi dan memelihara biodiversiti dan nilai alam semula-jadi dan kebudayaan yang lain.
Untuk menyediakan penggunaan yang bertahanan dari segi ekologi yang menyokong hasil sosial dan ekonomi yang positif.
Foreword
Foreword
Foreword
Emerging from the depths of the Indian Ocean, Cocos (Keeling) Islands and its surrounding waters are home to extensive coral reef and lagoon habitats that provide a haven for a diverse array of marine species, including migratory, threatened and endemic species. Cocos (Keeling) Islands Marine Park was proclaimed in March 2022 to protect this marine environment and support its sustainable use. The park extends across 467,054 km2 of ocean, safeguarding much of the islands’ inshore waters as well as deep, offshore seamounts, plains and ridgelines.
Cocos (Keeling) Islands Marine Park adjoins Pulu Keeling National Park, connecting and increasing protections across land and sea for seabirds, marine turtles and other species that require both environments for their survival.
The waters of Cocos (Keeling) Islands are not only a sanctuary for marine life; they are also critical for the local Cocos Malay community, which has an ongoing multigenerational connection to the marine environment that is of enormous cultural and socio-economic significance. For nearly 2 centuries, Cocos Malay people have relied on the waters of Cocos for their livelihoods, sustenance and general wellbeing. In recognition of the local community’s connection to the marine environment, the original design of Cocos (Keeling) Islands Marine Park and the preparation of this management plan have been undertaken collaboratively with local people.
The Director of National Parks is grateful to the Cocos (Keeling) Islands community as well as scientific experts and other stakeholders for their contribution to the creation of this significant marine park and its management. Together, we are entrusted with helping ensure Cocos (Keeling) Islands Marine Park is healthy and thriving for the benefit of future generations.
Kemuka
Kemuka
Kemuka
Timbul dari kedalaman Lautan Hindi, Pulu Cocos (Keeling) dan lautan sekitarnya adalah rumah kepada berbagai jenis karang dan tempat tinggal lagun yang luas, menyediakan tempat berlindung bagi berbagai jenis binatang laut, termasuk jenis yang menumpang, terancam dan endemik. Taman Lautan Pulu Cocos (Keeling) telah digelarkan pada March 2022 untuk menjaga persekitaran lautan ini dan menyokong penggunaannya yang bertahanan. Taman ini seluas lautan 467,054 kilometer persegi, melindungi sebahagian lautan dibahgian dalam pulu serta ayer dalam, seamount dilautan luaran, lapangan lautan dan pinggiran bukit dibawa laut.
Taman lautan bersebelahan Taman Negara Pulu Keeling, menyambung dan menambah penjagaan dipersekitaran tanah dan lautan untuk burung-burung, penyu dan jenis lain yang memerlukan kedua-dua alami untuk kehidupan mereka.
Lautan Pulu Cocos (Keeling) bukan hanya tempat perlindungan untuk binatang lautan, tetapi mereka juga penting untuk masyarakat Melayu Cocos, yang mempunyai perhubungan berberapa generasi kepada alami lautan yang menjadi kebudayaan dan kepentingan socio-ekonomik. Untuk hampir dua abad, orang Melayu Cocos bergantung dengan lautan Cocos untuk kehidupan, rezeki dan kesihatan mereka. Sebagai pengakuan atas hubungan masyarakat tempatan dengan persekitaran lautan, desain asli taman lautan dan persiapan rencana pengurusan ini dilakukan sebagai usaha kerjasama dengan masyarakat tempatan.
Director of National Parks merasa bangga terhadadp masyarakat Pulu Cocos (Keeling) serta juga ahli scientific dan pihak-pihak penting yang lain atas bantuan mereka terhadap pembinaan taman lautan yang penting ini serta penggurusannya. Bersama, kita diamanahkan dalam membantu memastikan Taman Lautan Pulu Cocos (Keeling) sihat dan berkembang untuk manfaat generasi yang akan datang.
Acknowledgements
Acknowledgements
Acknowledgements
The Director of National Parks thanks the many individuals and organisations from Cocos (Keeling) Islands and other stakeholders that contributed to the establishment of Cocos (Keeling) Islands Marine Park and to this management plan. The community’s willingness to engage proactively and positively in a genuine co-design process will help ensure that this marine park delivers the best possible outcomes. The Director acknowledges the work of the Cocos (Keeling) Islands Marine Park Management Plan Committee, members of which volunteered their time, knowledge and expertise over an 18‑month period to help prepare this management plan.
Director of National Parks berterima kasih kepada banyak orang-orang dan pihak-pihak dari Pulu Cocos (Keeling) dan pihak-pihak penting yang lain yang telah membantu dalam pertubuhan Taman Lautan Pulu Cocos (Keeling) dan juga hingga rencana pengurusan ini. Kesediaan masyarakat untuk melibatkan diri secara proaktif dan positif dalam proses desain bersama yang tulus akan membantu memastikan taman lautan ini memberikan hasil yang terbaik. Director mengakui kerja Komiti Rencana Pengurusan Taman Lautan Pulu Cocos (Keeling), yang menyumbangkan masa, pengetahuan dan kepakaran mereka secara voluntir dalam tempoh 18 bulan untuk membantu menyediakan rencana pengurusan ini.
Image: Burung maen-maen (red-footed booby) (sula sula) (Parks Australia)
1.1
Introductory provisions
1.1 Introductory provisions
Name
This instrument is the Environment Protection and Biodiversity Conservation (Cocos (Keeling) Islands Marine Park Management Plan) Instrument 2025.
Commencement
This instrument commences on the day after it is registered on the Federal Register of Legislation
Authority
This instrument is prepared by the Director of National Parks under sections 366 and 368 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and is approved by the Minister under sections 370(3) and 371(1) of the EPBC Act.
Cocos (Keeling) Islands Marine Park is one of a national network of Australian marine parks managed by Parks Australia under the direction of the Commonwealth Director of National Parks. These marine parks have been established in Commonwealth waters across all Australian marine regions as part of Australia’s National Representative System of Marine Protected Areas (NRSMPA). Marine parks have also been established by state and territory governments in their respective waters as part of this system.
Pulu Keeling National Park is also managed by Parks Australia. It has protected North Keeling Island and a small marine area around the island since 1995. However, until March 2022, when Cocos (Keeling) Islands Marine Park and Christmas Island Marine Park were established, the waters of Australia’s Indian Ocean Territories were a key gap in the NRSMPA. Like Pulu Keeling National Park and other Australian marine parks, Cocos (Keeling) Islands Marine Park is a Commonwealth Reserve, proclaimed under the EPBC Act.
1.4
Context for management
1.4 Context for management
Cocos (Keeling) Islands is one of Australia’s Indian Ocean Territories (IOT) and is governed by the Australian Government. An Administrator appointed by the Governor-General of Australia represents the Australian Government in these territories.
At the time this plan is made, the Commonwealth Department of Infrastructure, Transport, Regional Development, Communications and the Arts (DITRDCA) is responsible for overseeing administration of the IOT, including the management of fisheries on Cocos (Keeling) Islands. Most state-level services such as education, water, electricity generation and distribution and community services are provided by Western Australian Government agencies through service delivery arrangements with the Commonwealth. Local government functions and services are provided by the Shire of Cocos (Keeling) Islands.
The Director of National Parks is required to prepare management plans for Australian marine parks. In recognition of the importance of the marine environment, Commonwealth marine areas, including marine park areas, are listed as matters of national environmental significance under the EPBC Act.
This plan complements a range of Commonwealth, state and territory laws, as well as international conventions and agreements that relate to protection of the marine environment (Schedule 1). Some of the ways in which the Australian Government protects the marine environment through national environmental law are management plans for Australian marine parks; recovery plans for threatened species; and threat abatement plans for key threats, such as invasive species and marine debris.
Effective management of Cocos (Keeling) Islands Marine Park will be achieved by working in partnership with local communities, marine park users and other government agencies. In particular:
a locally based Community Advisory Committee will be established to advise on the implementation of this plan (Section 3.3 (Community advisory committee))
the Director will build on existing relationships with the Shire of the Cocos (Keeling) Islands, research institutions and government agencies with relevant responsibilities in IOT waters, including DITRDCA, the Western Australian Department of Water and Environment Regulation, the Australian Maritime Safety Authority, the Department of Defence, Australian Border Force and the Department of Agriculture, Fisheries and Forestry.
Image: ‘Above and Below’ Cocos (Keeling) Islands (Mitch McNear)
2.1
About Cocos (Keeling) Islands Marine Park
2.1 About Cocos (Keeling) Islands Marine Park
Cocos (Keeling) Islands Marine Park covers 467,054 km2 of the Indian Ocean surrounding Cocos (Keeling) Islands nearly the entirety of Australia’s waters around this remote external territory. It protects a diversity of pelagic and seafloor features, with water depths from 0 m to over 6,000 m. The marine park is assigned 2 International Union for the Conservation of Nature (IUCN) categories across 4 zones: a large ‘green’ National Park Zone (IUCN II) covering the entirety of the islands’ offshore waters, 2 small green zones protecting important inshore habitats, and a ‘yellow’ Habitat Protection Zone (Cocos (Keeling) Islands) (IUCN IV) covering most of the islands’ inshore waters. Green zoning provides a high level of protection – for example, mining and fishing are not allowed. Yellow zoning also provides significant protection, while allowing locally important activities like recreational fishing to continue. The active port area over the northern half of the southern atoll lagoon and the seawalled shorelines of Home Island and West Island were not incorporated into the marine park, ensuring certainty for activities and infrastructure critical for community services and the operation of the islands, such as the ferry service, freight services, fuel loading and seawall maintenance.
The Cocos (Keeling) Islands marine region supports high levels of species richness and diversity, including varieties of marine fauna found nowhere else in the world. The southern atoll lagoon system and outer coral reefs provide habitat for species from both Indian and Pacific Ocean bioregions, and over 600 species of fish have been recorded. The overlap of these bioregions in this area has given rise to the evolution of hybrid marine fauna, as well as some endemic species.
The offshore deep-sea marine environment of the marine park is characterised by ridges, plains and seamounts, including Muirfield Seamount, around 130 km to the south‑west of Cocos (Keeling) Islands, which rises to within 20 m of the surface and is abundant with marine life.
The Cocos (Keeling) Islands marine environment supports species such as penyu (marine turtles), cucut (sharks) and ikan hijau (humphead Māori wrasse). The lagoon ecosystem provides shallow, sheltered waters for juvenile fish species, as well as deeper coral habitats that support them as they mature. The marine park adjoins Pulu Keeling National Park, connecting and increasing protection across land and sea for species like burung bebek (masked booby seabirds) and green turtles, which require both environments for their survival.
Figure 2.3 Cocos (Keeling) Islands Marine Park and port area
2.2
People and community
2.2 People and community
Cocos Malay people, who make up the majority of the Cocos (Keeling) Islands population, are descended from the original inhabitants the predominantly Malay workers who were brought to the islands by European settlers to plant and work coconut plantations, commencing in the 1820s. In 1955, the islands were proclaimed a territory of the Commonwealth, and the Australian Government purchased the title of the islands from the Clunies-Ross family in 1978. In 1984, the Cocos Malay community voted for integration with the Australian mainland in a United Nations supervised Act of Self Determination.
The small community on Cocos (Keeling) Islands has continued to live and work on the islands for over 150 years. The Cocos Malay community primarily resides on Home Island and maintains strong cultural traditions and connections to the surrounding marine environment. For Cocos Malay people, the southern atoll lagoon, with its variety of accessible habitats and species, fringing ocean waters and the passage to North Keeling Island, are key to this connection. These are places to catch food and share the company of family and friends. They are places that have strong stories attached to them and where traditional activities can continue and be passed on to future generations. Many families have pondoks (rustic shacks) on the unpopulated islands of Cocos these pondoks provide connection and access to the marine environment for many islanders.
On the other side of the lagoon is West Island, which is home to a predominantly non-Cocos Malay population of government service workers, businesses and tourism enterprises. For many West Islanders, the sea is also an important part of life. The idyllic waters of the lagoon are the basis of most tourism ventures on the island and a place for residents and visitors alike to relax and spend time with friends and family while fishing, snorkelling, diving, surfing, canoeing or kitesurfing. The marine environment links the entire Cocos community and is a critical connection to the rest of the world in terms of receiving the supplies that it needs.
Fishing may be the most common and strongest link of all between Cocos Islanders and the marine environment it is a pursuit shared across communities, cultures and generations. Someone is always fishing at Cocos. Depending on the weather and the day of the week, you might see small boats heading into the lagoon from Home Island for a catch of bodas (silveries) or belenak (mullet); West Islanders trolling for tuna and other pelagics on the ocean side of the islands; children trying their luck from the beach, rocks or seawalls; visiting groups wading into the shallows of the southern lagoon for the sport of catching and releasing a bandang (bonefish) on a fly rod; Home Islanders collecting gong gong (spider conch) in preparation for a wedding or other occasion; and others keen for adventure heading north of the lagoon into the deep waters between the southern atoll and North Keeling Island.
As the marine environment is important to the local community for many reasons, community engagement in the process to co-design and establish Cocos (Keeling) Islands Marine Park was extensive, with many local people and organisations making strong and constructive contributions. The process to prepare the Cocos (Keeling) Islands Marine Park management plan continued this engagement and collaboration, with goals to protect the environment while supporting local community views and aspirations.
In simple terms, ‘values’ are the things in or about a place that are important to people. Identifying them helps provide focus for park management. To help describe and understand values, it can be helpful to divide them into categories, even though many may overlap these categories. The values categories for Cocos (Keeling) Islands Marine Park are:
Natural values – species and the genetic diversity they contain, habitats, ecological communities, ecosystems, and geological and geomorphological features, and the processes that sustain them.
Cultural values – tangible and intangible aspects of culture that people want to protect, maintain and pass to future generations including knowledge, beliefs, practices, language, traditions, places, objects, collections, stories and oral histories.
Social and economic values – the benefits for people, communities, businesses and the economy.
A summary of the values of Cocos (Keeling) Islands Marine Park is provided below. Values are not static new values may be identified and the relative importance of different values may change over time. The Director will consider the benefits and risks to park values when making management decisions.
2.3.1 Natural values
2.3.1 Natural values
2.3.1 Natural values
Cocos (Keeling) Islands Marine Park supports important habitats for a range of marine species, many of which breed, forage or rest in the park’s waters. The marine park also contains significant features, such as reef systems and seamounts, that are important for biodiversity and ecosystem function and integrity.
Many of these values are found in the inshore waters of Cocos (Keeling) Islands themselves, while others are found in the open ocean and deep offshore waters.
Southern atoll lagoon
The extensive lagoon ecosystem at the southern atoll of Cocos (Keeling) Islands is a key ecological feature in the IOT marine region and in the Indian Ocean more broadly, where systems of this nature are rare. The lagoon covers an area of around 190 km2 and is the predominant shallow-water marine habitat in the IOT. The lagoon provides a diversity of ecosystems and habitat types that support a range of marine species, shallow and deep lagoon ecosystems and intertidal areas (Figure 2.4). Seagrass, macroalgae and coral are important structural organisms providing habitat for benthic communities not found elsewhere in the IOT. Deeper pools and channels such as those at Arus Les (The Rip) and Pulu Maraya provide important fish habitat. The marine park covers the south‑eastern half of the lagoon and the area between North Point on West Island and Horsburgh Island, capturing ecologically representative samples of all habitats in and around the lagoon. The southern atoll lagoon is very important for the ecosystem services it provides for the local community. It is also vulnerable and under pressure. This is discussed below in Section 2.4 (Pressures and drivers in Cocos (Keeling) Islands Marine Park).
Outer reef ecosystems
The reef system (outer reef flat, reef crest, reef slope and mesophotic reef) encircling the southern atoll (Figure 2.4) is important for a diversity of species, including hybrid and endemic coral reef fauna, popas bottlenose dan spinner (bottlenose and spinner dolphins), cucut (reef sharks), pareh (manta rays) and benthic organisms, such sponges and other invertebrates. The reef at Belakang Batu-Karang (Trannies Beach) is biodiverse and is of high conservation value. The outer reef is also important for species that are targeted by fishers for example, ikan hijau (humphead Māori wrasse), dongol (bumphead parrotfish), gelek burik (coral trout), udang (painted crayfish) and udang lepeh (slipper lobster), kakap (snappers and emperors), deepwater fishes (for example, cods, jobfishes) and resident pelagic species such as ikan tuna (dogtooth tuna).
The presence of hybrid and endemic coral reef fauna not found anywhere else on earth is of global conservation significance. Their evolution is largely due to their geographic position at the border of 2 marine bioregions, which are subject to a mixing of Indian and Pacific Ocean waters and species.
Reef fish communities
Cocos (Keeling) Islands supports a diverse community of reef fish, reflecting the diverse habitats and the islands’ unique biogeography. Habitats utilised by reef fishes include the inner lagoon, coral bommies, blue holes and the exposed outer reef. Wrasses, gobies, damselfishes and cods are found inhabiting the islands’ reef habitats, including high numbers of ikan hijau (humphead Māori wrasse).
The Cocos (Keeling) Islands marine environment also supports endemic and hybrid fishes, including the Cocos and lemonpeel angelfishes. Six varieties of hybrid reef fish and 2 endemic reef fish have been recorded on the outer reef ecosystems of the islands. High levels of endemism and hybridisation contribute to the islands’ significant biodiversity by creating new genetic combinations which may enhance ecosystem resilience to environmental changes.Southern atoll lagoon and surrounding ecosystems. A colour coordinated map of Cocos (Keeling) Islands, South Keeling habitats
Figure 2.4 Southern atoll lagoon and surrounding habitat types
Kolam (blue holes)
The kolam (blue holes) are an ecologically important habitat within the southern atoll lagoon ecosystem. Scattered across the sandy habitats of the lagoon, the blue holes are encircled by coral and contain coral rubble in the centre, providing deeper and more complex habitats. They support cucut (sharks), gong gong (spider conch), gelek burik (coral trout), dongol (bumphead parrotfish) and ikan hijau (humphead Māori wrasse). The southern blue holes in particular provide shelter for invertebrates and juvenile fish at low tide when the shallow southern lagoon flats are exposed. The blue holes are also culturally important to Cocos Malay fishers, who have named each individual kolam and associate different holes with particular species.
Image: Cocos (Keeling) Islands southern atoll showing the kolam (blue holes) (Esri, Maxar, Earthstar Geographics, and the GIS User Community)
Lumut (seagrass)
Seagrass is a key habitat of the lagoon it is important for many species, including penyu (green and hawksbill turtles), ikan terompet (pipefish), juvenile blacktip anak cucut (reef sharks), rajugan (mud crabs) and gerita (night octopus), and provides nursery habitat for a range of fish species. It is also important for the overall lagoon ecosystem, as it stabilises sediment and filters nutrients functions that help with water quality. Seagrass at Cocos (Keeling) Islands is under significant pressure, with around 80% of seagrass in the southern atoll lagoon estimated to have been lost between 2006 and 2018 due to multiple causes, including high temperature events, sediment disturbance from the development of the Rumah Baru Jetty and increased grazing pressure from turtles (Buckee et al. 2021). Given this concerning decline, at the time this plan is made, Parks Australia is working with partner organisations on seagrass restoration trials in the Cocos lagoon.
Cucut (sharks)
Cucut (sharks), including blacktip, cucut batu (whitetip reef sharks) and cucut itam (grey reef sharks), are common in and around Cocos (Keeling) Islands. Four other shark species have been recorded in the area: the tiger, scalloped hammerhead, pelagic thresher and silky. Sharks play a key role in marine ecosystems by helping to maintain balance in the food chain. The shallow inner lagoon provides important nursery habitat for juvenile blacktip reef sharks and the blue holes provide an important nursery habitat for grey reef sharks.
Cocos (Keeling) Islands provides important habitat for internationally significant populations of resident green and hawksbill turtles. Green turtles recruit from a diverse range of rookeries, including Pulu Keeling National Park, the Australian mainland, Indonesia and Malaysia. Hawksbill turtles recruit from rookeries to the west, including the Seychelles and the Chagos Archipelago. Cocos (Keeling) Islands Marine Park, together with Pulu Keeling National Park, captures areas that are important to both green and hawksbill turtles for foraging and resting. The moderate sized rookery at Pulu Keeling supports a unique genetic stock of green turtles that is isolated and has limited genetic transfer with other rookeries in the Indian Ocean. The preferred food of green turtles is seagrass and, in its absence, they rely on seaweed and animal material. Hawksbill turtles have a varied diet often relying on invertebrates, especially sponges supported by seagrass and coral reef habitat. Leatherback, loggerhead and olive ridley turtles are also observed in the waters of Cocos (Keeling) Islands from time to time. Actions under this management plan will contribute to the objectives of the Recovery Plan for Marine Turtles in Australia.
Open ocean ecosystem and seafloor features
The entirety of Cocos (Keeling) Islands’ offshore marine environment more than 400,000 km2 of ocean – is captured within Cocos (Keeling) Islands Marine Park. Within this vast area there are seamounts and seamount chains and a long ridgeline, among other deep-sea features. The variation in depth and seafloor habitat that these features provide supports a diversity of deep‑sea species. Gorgonian fans, seastars, crabs, anemones and many other marine invertebrates exhibiting unique and unusual features can be found in these deep-sea environments. The open ocean pelagic environment also supports a range of species such as oceanic sharks, large pelagic fish like yellowfin tuna, ikan terbang (flying fish) and seabirds. Nine species of cetaceans (whales and dolphins) have been recorded in the marine environment around Cocos (Keeling) Islands.
Image: Muirfield Seamount – around 130 km south-west of Cocos (Keeling) Islands (CSIRO) (the coloured area represents the extent of the mapping undertaken by the RV Investigator in 2022)
Image: Tripod fish (Ocean Exploration Trust / NOAA)
2.3.2 Cultural values
2.3.2 Cultural values
2.3.2 Cultural values
For nearly 2 centuries, Cocos Malay people have continuously relied on the southern atoll lagoon and ocean environment for their livelihood and sustenance. The Cocos Malay people’s interdependence with the marine environment has significantly shaped their way of life and contributed to their unique cultural identity.
Cultural knowledge
The Cocos Malay people’s strong connection to the marine environment is evident through their traditional fishing practices, in which they have harnessed their knowledge of marine life, tides and navigation skills to sustain themselves for generations. Over time, Cocos Malay elders have observed ecological changes in the marine environment. They have valuable insights into the natural features of their environment, providing a useful knowledge base for researchers and Parks Australia. The intergenerational transfer of this knowledge is also highly valued by the Cocos Malay community.
Specific areas within the marine park hold a cultural importance to members of the Cocos Malay community. One example is the 142 kolam (blue holes) that are individually named in the Cocos Malay language and associated with different species.
The marine environment plays a significant role in the Cocos Malay people’s religious beliefs, traditions and ceremonies. It is a cultural tradition to catch and serve ikan hijau (humphead Māori wrasse), gong gong (spider conch), bodas (silveries), belenak (mullet) at Hari Raya (a significant time of celebration and reconciliation for the local Cocos Malay community), weddings and other celebrations.
Another important species that has cultural importance as a food during celebration events is burung maen-maen (red-footed booby). These seabirds were legally harvested up until the late 1990s, when changes to environmental legislation saw the practice outlawed. At the time this plan is made, some members of the Cocos Malay community are keen to reinstitute a sustainable cultural harvest of these birds under current environmental laws. This management plan allows for such a harvest to occur within the marine park should it be approved under those laws (Section 4.3.14 (Red-footed booby (sula sula) harvest)).
Kebudayaan dan perayaan
Satu lagi jenis yang mempunyai kepentingan dalam kebudayaan sebagai makanan dimasa upacara perayaan adalah sula sula (burung maen-maen). Burung lautan ini dahulunya boleh diamek hingga penghujung 1990an bila petukaran undang-undang alam sekitar mulai melarang kebiasaan ini. Berberapa penduduk masyarakat Melayu Cocos sangat maukan untuk mengembalikan kebiasaan untuk mengamek burung dengan cara yang bertahanan menurut undang-undang alam sekitar sekarang — rancangan pengurusan ini mengizinkan untuk pengamekkan sedemikian untuk berlaku dalam taman lautan kalau ianya diluluskan dibawa undang-undang itu.
Maritime skills and traditions
Cocos Malay people built small timber vessels for use in the lagoon during the very early days of settlement and developed world-class boat-building skills and knowledge over time. Boat building was a core need for the remote islands in the years before regular shipping and air travel. Large 19th century ocean-going timber vessels built at Cocos were highly regarded. Small island‑built jukung (jukongs) (keel-less timber sailing vessels) continued to be used for fishing and other purposes around the islands and were commonly sailed all the way to North Keeling Island. While jukongs have been replaced by modern vessels for fishing, the jukong tradition has been passed on to and is maintained today by younger generations weekend morning jukong races off Home Island attract a crowd of spectators and the competition is strong.
Kepandaian dan tradisi belayar
Orang Melayu Cocos membuat kapal kecil untuk digunakan dalam lagun dimasa awal perkampungan bermula dan memajukan kepandaian membuat kapal dan pengetahuan yang bertaraf dunia. Membuat kapal adalah kepentingan yang besar untuk pulu-pulu yang jauh dimasa kapal laot dan penerbangan belom menjadi kebiasaan. Kapal-kapal kayu besar abad ke-19 yang dibina di Cocos dipandang tinggi. Jukong buatan pulau kecil (kapal layar kayu tanpa lunas yang dalam) terus digunakan untuk mancing dan tujuan lain di sekitar pulu dan kadang-kadang belayar hingga ke Pulau Keeling. Tradisi jukong telah diteruskan dan dikekalkan hari ini oleh generasi muda perlumbaan jukong dimasa hari cuti di Home Island menarik ramai penonton dan pertandingannya kuat.
Image: A jukong race departs the Home Island foreshore in calm conditions (Allyn White)
For younger Cocos Malay men, jukung (jukong) racing today provides an important cultural connection with traditional cultural practices of their ancestors and showcases Cocos Malay historical boat-building skills.
Fishing
The southern atoll lagoon supports important sources of food that have sustained the community since settlement. Fishing and the communal sharing of food have continued to play an important role in the Cocos Malay culture and lifestyle. Maintaining these practices now and into the future holds considerable value for the Cocos Malay community. The marine park’s yellow zone allows established fishing practices to continue in accordance with fishing rules administered by DITRDCA. Fisheries management arrangements at Cocos (Keeling) Islands include the employment of a local fisheries ranger by the Shire of Cocos (Keeling) Islands, the establishment of Cocos Marine Care (a local fisheries management body) and a ministerially appointed Fisheries Advisory Committee. The membership of Cocos Marine Care and the Fisheries Advisory Committee is drawn from the local community.
Image: Fishing is an important cultural and recreational activity at Cocos (Keeling) Islands
(Justin Gilligan)
Oral histories and stories
The Cocos Malay community has passed down many stories and oral histories through generations which demonstrate its connection to the marine environment. These narratives encompass seafaring expeditions, cultural traditions and experiences of their ancestors, as well as detailed ecological knowledge, such as changes to the marine environment. Oral storytelling helps to preserve and share the Cocos Malay culture, and this ecological knowledge is also an important resource for researching and managing the marine park.
The Cocos (Keeling) Islands marine environment and its natural values support a range of important social and economic uses that underpin the livelihoods and wellbeing of many members of the community.
Recreational activities
The marine environment is a place of recreation and relaxation for most Cocos (Keeling) Islanders, with residents and visitors drawn to the water for fishing, boating, canoeing, sailing, paddleboarding, snorkelling, scuba diving, surfing, kitesurfing and swimming.
The mainstays of the Cocos (Keeling) Islands economy are the government services and the private businesses that help ensure the critical needs of Cocos (Keeling) Islanders are met. Next to these, tourism is the most significant economic activity on the islands, and the marine environment is key to this. Most commercial tour enterprises are focused on the water and include scuba diving, snorkelling, boating, charter fishing, kitesurfing and windsurfing. These marine tourism businesses help to drive the Cocos (Keeling) Islands visitor economy, with flow-on economic benefits for other businesses in the community.
The marine environment also supports local small-scale commercial fishing involving hand collection of high-value aquarium species for export.
Employment, education and research
Management of marine parks generates opportunities for employment for local people and broader opportunities to be involved in research activities. Cocos (Keeling) Islands Marine Park supports education and research activities for example, education and engagement opportunities for the local school, community members and visitors; and research to identify and protect park values.
The marine park also offers opportunities for nationally and internationally significant research by individuals and research institutions already attracted to Cocos (Keeling) Islands for the uniqueness of its environment.
The marine environment is a significant contributor to the wellbeing of many members of the Cocos (Keeling) Islands community. In a location where land-based recreation opportunities are more limited than in many other places in Australia, many people look to the sea as a wellbeing outlet. Everyone’s goal or experience from this is unique, but most gain intangible benefits from their interaction with the sea, not just physical ones.
Pressures and drivers in Cocos (Keeling) Islands Marine Park
2.4 Pressures and drivers in Cocos (Keeling) Islands Marine Park
Pressures are events and activities – often human-driven – that may impact negatively on marine park values. Some pressures can be mitigated by management actions, but others, such as those associated with climate change, cannot always be addressed by park management.
Drivers are phenomena which can influence the state or condition of values and benefits and in some cases may also influence pressures. Drivers can be divided into biophysical, and social and economic categories. Biophysical drivers are mostly of natural origin and are not easily influenced by management actions. Examples include natural variations in climate and weather patterns and ocean currents and tides. Social and economic drivers are usually of human origin. Some management actions can have an influence over a subset of social and economic drivers, such as promoting environmental awareness or compliance with regulations.
Key pressures on Cocos (Keeling) Islands Marine Park are outlined below. Chapter 3 outlines a range of programs and actions that will be taken to address pressures and Chapter 4 outlines how different activities will be managed in the marine park in the context of these pressures. However, the Director also recognises that management actions will need to adjust to changes in pressures and drivers over time to ensure optimal protection of the marine park and its values.
2.4.1 Climate and environmental change
2.4.1 Climate and environmental change
2.4.1 Climate and environmental change
The impacts of climate change on the marine environment are complex and may include longer lasting marine heatwaves, continued rise in sea level, further ocean acidification, changes to ocean currents, altered storm frequency and intensity and species range extensions or local extinctions. These multifaceted changes have the potential to significantly impact on marine park values. Moreover, climate changes will intricately interact with and amplify many non-climate threats to marine park values.
The marine park values in the southern atoll lagoon in particular are under pressure from sustained and ongoing changes in environmental conditions, partly influenced by anthropogenic climate change, including changes in hydrological and wind regimes that drive circulation, sedimentation and lagoon infilling and subsequently the water quality in the lagoon. Historically, the lagoon has been subject to multiple ‘die-off’ events, with major effects on fish, invertebrates, corals, lumut (seagrasses) and macroalgae. These events generally coincide with extended periods of warm temperatures and calm, westerly wind conditions, resulting in reduced flushing, elevated water temperatures and reduced dissolved oxygen in the southern lagoon and blue holes areas. When dissolved oxygen levels become critically low, organisms begin to die, which causes further oxygen reduction and mortality. Some die-off events are associated with coral spawning and can occur naturally. However, if the conditions which lead to die-off events become more frequent and severe as a consequence of climate change, it is likely that mass die-off events within the lagoon will increase in their frequency and severity.
Warmer water temperatures and extreme heat events also have potential to bleach coral in Cocos (Keeling) Islands Marine Park, and this pressure is predicted to increase into the future. Physical features and microclimates, which provide short-term refuges and longer term refugia for some climate‑sensitive species, will play an important role in protecting species. Seagrass and coral, primary habitat-forming species in the lagoon and coral reef ecosystems, are particularly vulnerable to climate change. If habitats and ecosystems are damaged, this can have ripple effects on species dependent on these, such as reef fish and sharks.
The marine park is likely to undergo ecological changes as a result of climate change. For example, coral bleaching could reduce the amount of suitable habitat for species to occupy. Highly mobile species ranges are likely to expand as they track their climatic preferences in search of suitable habitats, causing an increased likelihood of non-native and marine invasive species entering the Cocos (Keeling) Islands marine environment. This may lead to variations in species abundance, distribution and diversity, resulting in changes in food chain interactions and potential shifts in the community structure within marine environments. The isolation of Cocos (Keeling) Islands will also limit species’ ability to move ranges in line with their climatic preferences, increasing the likelihood of local extinctions. The timing and intensity of natural events, including cyclones and storms, may be altered, affecting the marine environment’s ability to recover through changes in demography and regeneration. These environmental changes could have flow-on effects for the cultural, social and economic values of the marine park by affecting populations of culturally significant species, impacting cultural fishing traditions or causing declines in ecosystems that are popular attractions for tourists and valued by the community.
Cocos (Keeling) Islands faces the imminent threat of sea-level rise and intensified erosive processes due to heightened rainfall, increased temperatures and extreme weather events, including storms and cyclones. Cyclones and storms can cause significant loss of coral cover. Inundation of Cocos (Keeling) Islands will have implications for the water quality and health of the lagoon and threatens the cultural and socio-economic activities tied to these remote islands.
Changes to the marine environment will create challenges for management and the wellbeing and livelihoods of Cocos (Keeling) Islands residents, visitors and other users. Flexible and adaptable management approaches will be adopted in order to respond to shifting and potentially unpredictable conditions, to help ensure the marine environment is protected in the most effective way possible.
The Director acknowledges that climate change threatens much more than the marine environment at Cocos (Keeling) Islands it also threatens the islands themselves and the communities that live there. The Director will seek to support the work of other government agencies with primary responsibility for managing local climate change impacts.
2.4.2 Marine debris and other pollution
2.4.2 Marine debris and other pollution
2.4.2 Marine debris and other pollution
Marine debris, such as general plastic waste, microplastics, ‘ghost nets’ (lost or discarded fishing nets), fish aggregating devices and other pollution, such as discharge of oil and chemicals, can affect water quality and can stem from sea- or land‑based activities. Cocos (Keeling) Islands’ location along major ocean currents and proximity to Australia’s northern neighbours makes it prone to substantial amounts of marine debris, especially plastic waste. Exposed ocean-facing beaches and rocky shorelines are local accumulation hotspots for marine debris. This debris threatens marine life and ecosystems through entanglement, disturbance of nesting habitats, ingestion and exposure to harmful pollutants and can act as a vector for marine invasive species. Marine debris can also affect the social and economic values of the marine park by diminishing the islands’ aesthetic appeal.
With most marine debris originating in other countries, there is little that small communities or marine park managers can do to prevent this debris arriving. Considerable efforts are made – mainly by volunteers – to remove this debris when it arrives. There are also efforts to ensure locally generated waste is managed well and does not enter the environment. The Australian Government more broadly is making efforts through direct engagement with neighbouring countries and through joining international efforts to develop a global plastics treaty. Actions under this management plan will support efforts to manage marine debris and contribute to the objectives of the Threat Abatement Plan for the Impacts of Marine Debris on the Vertebrate Wildlife of Australia’s Coasts and Oceans (2018).
Image: Volunteers and Parks Australia work to remove marine debris in the southern atoll lagoon (Parks Australia / Sea Shepherd)
2.4.3 Water quality
2.4.3 Water quality
2.4.3 Water quality
Linked to climate change, coastal development and marine pollution as well as natural processes, water quality in the southern atoll lagoon has deteriorated over the 20 years preceding the development of this management plan. Poor water quality can affect key species such as seagrass and corals, whose loss can contribute to further deterioration in water quality. Water quality and its associated drivers have been and are likely to continue to be major factors in the health of seagrass at the southern atoll and the broader lagoon ecosystem. Water quality monitoring and, where possible, work with other relevant authorities to improve water quality will be a focus for management of the marine park under this plan.
2.4.4 Marine invasive species and diseas
2.4.4 Marine invasive species and disease
2.4.4 Marine invasive species and disease
Marine invasive species present an ongoing threat to marine biodiversity. Potential sources of marine invasive species include climate-driven range changes, vessel ballast and bilge water discharge, vessel biofouling and accidental or deliberate transport of species. The introduction of new species and environmental stressors can also cause disease outbreaks affecting corals and other species. Given the islands’ proximity to high-risk areas in South‑East Asia and isolated nature, marine invasive species pose a significant threat to the marine park’s unique biodiversity, as well as to marine industries and amenity. As a First Point of Entry under the Biosecurity Act 2015 (Cth), the Cocos (Keeling) Islands Port is subject to biosecurity controls under this Act, which are administered by the Commonwealth Department of Agriculture, Fisheries and Forestry.
Islands, reefs and other shallow-water ecosystems are vulnerable to marine invasive species. Invasives can impact native species directly through predation or by damaging important habitats; and indirectly through competition for habitats and food. At the time this plan is made, no marine invasive species have established themselves in the Cocos (Keeling) Islands marine environment and a regular marine invasive species monitoring program is in place.
2.4.5 Coastal development and infrastruc
2.4.5 Coastal development and infrastructure
2.4.5 Coastal development and infrastructure
Coastal development and infrastructure on Cocos (Keeling) Islands helps to provide services critical to the islands and their people. For example, Cocos (Keeling) Islands is reliant on the port for the shipment of supplies, including, food, fuel and other necessities; and the seawalls of Home Island and West Island are essential for mitigating the impacts of storms, tides and climate change. The critical nature of this infrastructure is recognised in the marine park’s design the seawalls and active port area were not incorporated into the marine park to provide regulatory certainty for the island’s critical marine and coastal infrastructure operations. Even though these areas are not part of the marine park, Parks Australia will liaise with other agencies and authorities in relation to any developments that may have impacts on the marine park to ensure these are minimised to the extent practical.
Generally, coastal development and infrastructure require careful management to avoid impacts on the marine environment. Impacts on habitat in marine parks can occur directly though the physical removal or harm of species and habitats; or indirectly through reduction in light availability, smothering habitats or disturbance of animals in the vicinity as a result of increased sedimentation suspension and depositions from infrastructure. Parks Australia will carefully assess any proposals for coastal development and infrastructure activities within the marine park.
2.4.6 Fishing pressure
2.4.6 Fishing pressure
2.4.6 Fishing pressure
As discussed above, fishing is a significant part of life on Cocos (Keeling) Islands, and many residents rely on fish to meet their nutritional needs.
The southern atoll lagoon environment is unique within the eastern Indian Ocean and vulnerable to pressures, including fishing. To help ensure local fishing pressure is managed, recreational fishing rules have been developed through a community‑led process under DITRDCA, which is responsible for fisheries management at Cocos (Keeling) Islands. These fishing rules support the sustainability of island-based fishing activities. As is the case for other Australian marine parks, the inshore yellow Habitat Protection Zone (IV) allows recreational fishing that complies with the local fishing rules.
Fishing, including illegal, unregulated and unreported fishing, can modify natural populations of target species. Bycatch of non-target species and/or physical disturbance to habitats can result from certain fishing methods and may therefore impact on marine park values. The green National Park Zoning of the offshore waters of the marine park mean that no fishing of any kind is permitted across this large expanse of ocean. However, illegal fishing by foreign fishing vessels is a risk to the marine park, as the offshore waters surrounding Australia’s Exclusive Economic Zone in the Indo-Pacific are heavily targeted by international fleets. Partnerships with other government agencies with sea and air patrol compliance capability help Parks Australia to manage this risk.
2.4.7 Recreational and tourism activitie
2.4.7 Recreational and tourism activities
2.4.7 Recreational and tourism activities
Many Cocos (Keeling) Islands residents and visitors venture into the marine environment for activities such as beach and reef walking, boating, surfing, kitesurfing, diving, snorkelling and swimming. There are also a small number of tour operators, who offer scuba diving, snorkelling, kayaking and fishing experiences. While enjoying the marine environment, it is important to be aware of the potential impacts of increased human presence on the natural behaviour of wildlife and habitats, particularly in high-use areas such as Arus Les (The Rip), Pulu Maraya and the Coal Barge. Activities such as boating, fishing, diving and snorkelling have the potential to impact marine park values directly through direct contact with marine life or indirectly through changes in behaviour. Human presence may result in changes to wildlife behaviour such as nesting, breeding, feeding and resting or may damage fragile reef marine environments. Examples of habitats and species vulnerable to human disturbance include reef habitats, penyu (marine turtles) and cucut (sharks).
Activities understood to change the behaviour of wildlife in ways that can have negative impacts
(such as shark feeding) may require monitoring and management responses under this plan.
2.5
Pulu Keeling National Park
2.5 Pulu Keeling National Park
Pulu Keeling National Park covers the entirety of the remote and largely untouched North Keeling Island. The park also extends into the marine environment around 1.5 km seaward from the island’s shore, protecting the fringing reef.
Cocos (Keeling) Islands Marine Park surrounds and adjoins the marine zone of Pulu Keeling National Park (Figure 2.6), integrating this long-established national park into a wider seascape protection system. Providing contiguous protection across marine and terrestrial environments is important for the seabirds, turtles and other species that rely on both of these environments to survive. Parks Australia will work to ensure management of both parks is streamlined and integrated for the benefit of park users and other stakeholders and to enhance the effectiveness of management activities.
Image: Burung maen-maen (red-footed booby) (sula sula) chicks resting in Pulu Keeling National Park (Matthew Anderson)
2.6
Management of values, pressures and drivers
2.6 Management of values, pressures and drivers
The Director will need to make decisions about what activities can occur in the marine parks and the actions to manage them. This will involve the Director making decisions that carefully balance the need to protect natural, cultural and social and economic values of marine parks with enabling use and managing pressures.
In making these decisions, the Director will carefully consider the impacts and risks to natural, cultural and social and economic values for Cocos (Keeling) Islands Marine Park. The Director will also consider any positive impacts associated with allowing an activity and ensure that activities are undertaken in a manner that minimises negative impacts. Some examples of the types of values and pressures the Director may consider in their decision making are outlined in Section 2.3 (Values of Cocos (Keeling) Islands Marine Park) and Section 2.4 (Pressures and drivers in Cocos (Keeling) Islands Marine Park).
As understanding of marine park values improves, the Director may make new information about values and pressures available on the Parks Australia website.
Management programs, goals, desired outcomes and actions
3.1 Management programs, goals, desired outcomes and actions
The Director will act to protect Cocos (Keeling) Islands Marine Park from pressures, minimise damage to values and improve the resilience of the marine environment. The programs and actions set out in Table 3.1 may need to be adapted as new information and approaches become available. This will occur in consultation with the community advisory committee and other stakeholders.
The desired outcomes set out in Table 3.1 indicate where the Director will focus monitoring efforts and what impacts are sought from management actions.
3.2
Monitoring, evaluation and reporting
3.2 Monitoring, evaluation and reporting
The Director, in consultation with the Cocos (Keeling) Islands Marine Park advisory committee and other relevant stakeholders and experts, will monitor, evaluate and report on the implementation of this plan. This will include:
developing a baseline understanding of marine park values that recognises how baselines may shift over time in the context of a changing climate and other evolving pressures
evaluating the effectiveness of the implementation of management actions under this plan in achieving the marine park’s objectives, goals and desired outcomes
identifying changes in management context and adapting and changing management actions as required to ensure the environment is protected in the most effective way possible
considering the adequacy of knowledge of marine park values, uses, pressures, social and economic benefits and impacts
using new and existing knowledge and expertise on management approaches to support marine park management
informing the development of the next management plan for Cocos (Keeling) Islands Marine Park.
Monitoring, evaluation and reporting will ensure park managers, the Cocos (Keeling) Islands Marine Park community advisory committee and other stakeholders have access to relevant information about park and management performance in line with the points outlined above. Specific arrangements will be developed in consultation with the advisory committee, stakeholders and experts and seek to complement the Director’s annual corporate planning and performance reporting requirements.
In the final 2 years of the management plan, a review will be undertaken to evaluate the effectiveness of the implementation of this plan and inform the next Cocos (Keeling) Islands Marine Park management plan.
3.3
Community advisory committee
3.3 Community advisory committee
A Cocos (Keeling) Islands based advisory committee was established to support the preparation of this management plan and advise on management activities following the marine park’s proclamation. A new Cocos (Keeling) Islands Marine Park advisory committee will be established under this plan to advise Parks Australia on the implementation of this plan. Cocos (Keeling) Islands community members will form the majority of the committee’s membership, with external scientific and other experts to be drawn in as needed.
Broadly, the role of the advisory committee will be to support Parks Australia’s management of the marine park by providing advice on:
implementation of this management plan and associated management programs and actions
community and park user views, knowledge and needs
monitoring, evaluation and reporting in accordance with Section 3.2 (Monitoring, evaluation
and reporting).
Terms of reference, including membership details, for the committee will be finalised in consultation with stakeholders. Consultation will include consideration of how best to align community advisory arrangements in relation to both Cocos (Keeling) Islands Marine Park and Pulu Keeling National Park (any arrangements involving Pulu Keeling National Park would need to be consistent with the lease granted to the Director by the Cocos (Keeling) Islands community for North Keeling Island and its surrounding waters).
Committee meetings will be held at least twice per calendar year, and Parks Australia will provide the committee with documents and reports on the implementation of management programs and other material as appropriate to ensure the committee has the information necessary to fulfil its functions.
Image: Burung cuit-cuit (white tern) (Siddiq Juljali)
4.1
Zone categories, names and objectives
4.1 Zone categories, names and objectives
Zoning and related prescriptions for managing activities are important tools for managing marine parks to ensure protection of marine habitats and species, while supporting the continuation of important activities in the marine environment. In determining the zones and prescriptions, the Director has considered the best available science, the views and aspirations of the Cocos (Keeling) Islands community, advice from stakeholders, comments from the general public, the goals and principles of the National Representative System of Marine Protected Areas and the IUCN reserve management principles.
The EPBC Act requires this plan to assign an IUCN category to the marine park. The EPBC Act also allows this plan to divide a marine park into zones and to assign a category to each zone. The category for each zone may differ from the overall category of the marine park.
This section assigns an IUCN category to Cocos (Keeling) Islands Marine Park and sets out the objectives for each zone. The zoning of Cocos (Keeling) Islands Marine Park that is assigned under this plan is the same as the zoning that was assigned at the time the park was proclaimed in 2022. The maps in Chapter 2 show the zones assigned to Cocos (Keeling) Islands Marine Park.
Prescriptions
Cocos (Keeling) Islands Marine Park is assigned overall to the IUCN category II and the following zones:
National Park Zones (IUCN II), as shown in Section 2.1, Figure 2.1; and
Habitat Protection Zone (Cocos (Keeling) Islands) (IUCN IV), as shown in Section 2.1, Figure 2.2.
The objective of the National Park Zones (IUCN II) is to provide for the protection and conservation of ecosystems, habitats and native species in as natural a state as possible.
The objectives of the Habitat Protection Zone (Cocos (Keeling) Islands) (IUCN IV) are to:
provide for the conservation of ecosystems, habitats and native species, while allowing activities that do not harm seafloor habitats;
support cultural, social and economic activity in the marine park that aligns with the views and aspirations of the Cocos (Keeling) Islands community.
4.2
Outline of activity management
4.2 Outline of activity management
This plan enables a range of activities to be carried out that would otherwise be prohibited or controlled by the EPBC Act and EPBC Regulations. This chapter sets out for Cocos (Keeling) Islands Marine Park which activities are:
allowed: the activity can be carried out without the need for separate authorisation, where consistent with IUCN zone objectives and conducted in accordance with this chapter;
allowable: the activity is able to be carried out if a separate authorisation is issued (Section 4.5 (Authorisation of allowable activities)); or
not allowed: the activity is prohibited because it is not consistent with zone objectives.
For those activities that are allowed or allowable, this chapter also sets out:
the assessment and decision-making process for authorising an activity (Section 4.4 (Making decisions about activities));
the types of authorisations that may be issued (permits, class approvals, activity licences and leases) (Section 4.5 (Authorisation of allowable activities)); and
how activities must be undertaken in Cocos (Keeling) Islands Marine Park (Section 4.3 (Prescriptions for activities)).
Other provisions of the EPBC Act or other legislation (for example, fishing rules) may also apply to an allowed or allowable activity.
4.3
Prescriptions for activities
4.3 Prescriptions for activities
This plan enables activities to be conducted in zones consistent with the zone objectives while enabling the impacts to be effectively managed. Rules for these activities are summarised in Table 4.1 and the detailed activity prescriptions are provided in Sections 4.3.1 to 4.3.14.
Table 4.1 Summary of prescriptions for activities in Cocos (Keeling) Islands Marine Park
– Activity is allowed in accordance with the prescriptions of this plan without separate authorisation by the Director.
X – Activity is not allowed.
A – Authorisation required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director (and other laws where applicable). Refer to Section 4.4 – Making decisions about activities and Section 4.5 – Authorisation of allowable activities.
a Motor and wind-powered vessels are not permitted in the National Park Zones at Arus Les (The Rip) and Belakang Batu-Karang (Trannies Beach).
b Anchoring is not allowed except in anchoring areas determined under regulation 12.56 of the EPBC Regulations. However, note that anchoring as part of most other activities under this plan (for example, recreational fishing) is allowed in the Habitat Protection Zone.
4.3.1 General use and access
4.3.1 General use and access
4.3.1 General use and access
The prescriptions in this section set out the requirements for general use and access to Cocos (Keeling) Islands Marine Park and apply to all users of the park. The prescriptions are summarised in Table 4.1.
When accessing Cocos (Keeling) Islands Marine Park for any purpose, general care should be taken to avoid or minimise any damage to the marine environment. For example, wherever possible, touching or anchoring on corals should be avoided.
Prescriptions
General recreational access to the marine park is allowed – for example, for the purposes of swimming, snorkelling, scuba diving, boating, nature watching, kitesurfing, kayaking, windsurfing, paddleboarding and walking in intertidal areas subject to the following:
Fishing is not allowed in green National Park Zones (IUCN II) and elsewhere is subject to the prescriptions provided in Sections 4.3.7 (Recreational fishing) and 4.3.3 (Commercial fishing).
Motor and wind-powered vessels are not permitted in the 2 nearshore National Park Zones (IUCN II) at Arus Les (The Rip) and Belakang Batu-Karang (Trannies Beach) (unless to assist persons in distress).
Marine life, including corals, must not be touched, stood on or otherwise disturbed in green National Park Zones (IUCN II).
Overnight stays on vessels are allowed.
The operation of a motor vehicle is allowed in the yellow Habitat Protection Zone (Cocos (Keeling) Islands) (IUCN IV) for the purpose of launching or retrieving vessels.
The Director may issue an authorisation for an activity that would otherwise be prohibited, restricted or the subject of a determination under the EPBC Regulations.
The prescriptions in this section apply to all users of Cocos (Keeling) Islands Marine Park, including those carrying out other activities provided for in this plan.
4.3.2 Commercial shipping
4.3.2 Commercial shipping
4.3.2 Commercial shipping
The prescriptions in this section set out the requirements for commercial shipping in Cocos (Keeling) Islands Marine Park.
Australia is a party to a number of international agreements relevant to commercial shipping in particular, the United Nations Convention on the Law of the Sea (UNCLOS) and the International Convention for the Prevention of Pollution from Ships (MARPOL). UNCLOS provides a right of innocent passage through the territorial sea for foreign vessels and a right of freedom of navigation through Australia’s Exclusive Economic Zone. This section places some limits on the exercise of these rights in some zones. The limitations are necessary to protect marine park values, apply to all commercial shipping and are consistent with Australia’s rights and obligations under UNCLOS.
There are also a range of national laws, policies and procedures relevant to commercial shipping that continue to apply within the marine park. These include the National Plan for Maritime Environmental Emergencies in relation to maritime pollution incidents, and the Biosecurity Act 2015 (Cth) and the associated Australian ballast water management requirements and the Australian biofouling management requirements. Prescriptions dealing with waste disposal and ballast water discharge and exchange are in Section 4.3.12 (Waste management).
Prescriptions
4.3.2.1 Commercial ships, including those undertaking other activities in accordance with this plan, may transit in Cocos (Keeling) Islands Marine Park.
4.3.2.2 With the exception of Section 4.3.8 (Mining), persons conducting an activity in accordance with this plan under Sections 4.3.3 to 4.3.14 may anchor in the yellow Habitat Protection Zone (Cocos (Keeling) Islands). Other commercial ships may anchor only in areas determined as anchoring areas by a determination made by the Director under regulation 12.56 of the EPBC Regulations.
Note: This section does not prevent anchoring in any area of Cocos (Keeling) Islands Marine Park due to circumstances of distress or other unforeseen circumstances beyond the vessel’s control or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.
4.3.3 Commercial fishing
4.3.3 Commercial fishing
4.3.3 Commercial fishing
The prescriptions in this section set out the requirements for commercial fishing activities in Cocos (Keeling) Islands Marine Park, including the types of fishing gear and methods allowed. These are summarised in Table 4.1.
A key requirement is that commercial fishing in Cocos (Keeling) Islands Marine Park must be in accordance with a commercial fishing concession from the relevant fisheries management authority. The Director will prepare a class approval to facilitate the continuation of existing (at the time this plan is made) commercial fishing operations in the yellow Habitat Protection Zone (Cocos (Keeling) Islands).
Research in connection with commercial fishing activities will be managed in accordance with Section 4.3.10 (Research, monitoring and restoration).
Prescriptions
Commercial fishing is not allowed in the green National Park Zones.
Commercial fishing activities may be conducted in the yellow Habitat Protection Zone (Cocos (Keeling) Islands) in accordance with and subject to any determinations made by the Director under regulation 12.34 of the EPBC Regulations, and:
a permit issued under Section 4.5.1 (Permits); or
a class approval issued under Section 4.5.2 (Class approvals); or
an activity licence issued under Section 4.5.3 (Activity licences and leases) to a person who is not covered by a class approval.
Commercial fishing activities must be conducted in accordance with a commercial fishing concession issued under Commonwealth, state or territory fisheries laws to the extent those laws are capable of operating concurrently with this plan.
The Director requires the views of the community advisory committee to be considered by the responsible fisheries management authority before any significant new commercial fishing activities (for example, fishing with the methods of purse seine, pelagic longline or mid‑water trawl) can occur in Cocos (Keeling) Islands Marine Park.
The following fishing gear must not be used in Cocos (Keeling) Islands Marine Park, and, if carried onboard a commercial fishing vessel, must be kept stowed and secured at all times while in Cocos (Keeling) Islands Marine Park:
longline (demersal, auto-longline);
net (demersal), noting that this does not include menjala (set nets);
trawl (demersal); and
trotline.
Fishing gear or methods not specified in a commercial fishing class approval or activity licence, or its conditions, must not be used.
When transiting in the green offshore National Park Zone, all gear associated with commercial fishing operations must be stowed and secured.
4.3.4 Commercial aquaculture
4.3.4 Commercial aquaculture
4.3.4 Commercial aquaculture
The prescriptions in this section set out the requirements for commercial aquaculture in Cocos (Keeling) Islands Marine Park.
A key requirement is that commercial aquaculture in Cocos (Keeling) Islands Marine Park must be in accordance with other applicable laws for example, provisions of the EPBC Act and marine resources management laws.
Prescriptions
Commercial aquaculture is not allowed in the green National Park Zones.
Commercial aquaculture may be conducted in the yellow Habitat Protection Zone (Cocos (Keeling) Islands), in accordance with and subject to:
a permit issued under Section 4.5.1 (Permits); or
a class approval issued under Section 4.5.2 (Class approvals); or
an activity licence issued under Section 4.5.3 (Activity licences and leases) to a person who is not covered by a class approval.
Aquaculture activities must be conducted in accordance with an approval issued under Commonwealth, state or territory marine resource management laws, including biosecurity laws, to the extent those laws are capable of operating concurrently with this plan.
The Director requires the views of the community advisory committee to be considered by the responsible marine resources management authority before any new aquaculture activities can occur in the marine park.
When transiting in the green offshore National Park Zone, all gear associated with aquaculture operations must be stowed and secured.
4.3.5 Commercial media
4.3.5 Commercial media
4.3.5 Commercial media
The prescriptions in this section set out the requirements for commercial media in Cocos (Keeling) Islands Marine Park. The prescriptions are summarised in Table 4.1.
Prescriptions
Commercial media activities may be conducted in Cocos (Keeling) Islands Marine Park in accordance with and subject to:
a permit issued under Section 4.5.1 (Permits); or
a class approval issued under Section 4.5.2 (Class approvals); or
an activity licence issued under Section 4.5.3 (Activity licences and leases).
Commercial media activities for the purposes of reporting news of the day may be undertaken without an authorisation. However, persons undertaking news of the day reporting must comply with any written or verbal directions issued by the Director in relation to the conduct of those activities.
4.3.6 Commercial tourism
4.3.6 Commercial tourism
4.3.6 Commercial tourism
At the time this plan is made, commercial marine tourism at Cocos (Keeling) Islands is small scale, with a limited number of operators. Constraints on visitor numbers, such as limited visitor accommodation, are likely to see marine tourism at Cocos (Keeling) Islands remain a small-scale, low-impact industry of high relative value to the local economy. In this context the Director will establish a class approval under this management plan with fit-for-purpose conditions for small-scale, local marine tourism operators. Operators not covered by the class approval may seek individual authorisation via a permit, or activity licence or lease.
The prescriptions in this section set out the requirements for commercial tourism in Cocos (Keeling) Islands Marine Park.
Prescriptions
Commercial tourism activities may be conducted in Cocos (Keeling) Islands Marine Park in accordance with and subject to:
a class approval issued under Section 4.5.2 (Class approvals); or
a permit issued under Section 4.5.1 (Permits); or
an activity licence or lease issued under Section 4.5.3 (Activity licences and leases).
Commercial tourism activities that involve recreational fishing must also comply with the prescriptions in Section 4.3.7 (Recreational fishing).
Motor and wind-powered vessels are not permitted in the inshore green National Park zones known as Arus Les (The Rip) and Belakang Batu-Karang (Trannies Beach).
4.3.7 Recreational fishing
4.3.7 Recreational fishing
4.3.7 Recreational fishing
The prescriptions in this section set out the requirements for recreational fishing in Cocos (Keeling) Islands Marine Park. The prescriptions have the effect of applying the Cocos (Keeling) Islands recreational fishing rules within the yellow Habitat Protection Zone of Cocos (Keeling) Islands Marine Park.
Research in connection with recreational fishing will be managed in accordance with Section 4.3.10 (Research, monitoring and restoration).
Prescriptions
Recreational fishing is not allowed in the green National Park Zones.
Recreational fishing (including spearfishing) is allowed in the yellow Habitat Protection Zone in accordance with and subject to:
the laws governing recreational fishing at Cocos (Keeling) Islands (to the extent those laws are capable of operating concurrently with this plan); and
any determinations made under regulation 12.35 of the EPBC Regulations.
4.3.8 Mining
4.3.8 Mining
4.3.8 Mining
Mining and similar or related activities are not allowed in Cocos (Keeling) Islands Marine Park.
Prescriptions
4.3.8.1 Mining and activities that are related to mining are not allowed in Cocos (Keeling) Islands Marine Park. This includes, but is not limited to:
oil and gas mining;
mineral seabed mining;
greenhouse gas storage;
construction and operation of pipelines; and
exploration (including seismic testing).
4.3.8.2 Vessels involved in mining may transit through Cocos (Keeling) Islands Marine Park.
4.3.9 Structures and works
4.3.9 Structures and works
4.3.9 Structures and works
The prescriptions in this section set out the requirements for structures and works in Cocos (Keeling) Islands Marine Park, where the activity is not covered by Sections 4.3.1 to 4.3.8.
Research in connection with structures and works will be managed in accordance with Section 4.3.10 (Research, monitoring and restoration).
Note: Structures may include, but are not limited to, moorings, submarine cables, platforms (including any artificial structure at sea, whether floating or fixed to the seabed, but not including a vessel), jetties, seawalls and other infrastructure.
Prescriptions
4.3.9.1 Excavations, erecting a structure or other works, including maintenance of structures and associated activities, may only occur in Cocos (Keeling) Islands Marine Park in accordance with and subject to:
a permit issued under Section 4.5.1 (Permits); or
a class approval issued under Section 4.5.2 (Class approvals); or
an activity licence or lease issued under Section 4.5.3 (Activity licences and leases).
4.3.9.2 Works activities may be carried out in Cocos (Keeling) Islands Marine Park where it is not practicable for the action to be taken outside the marine park, and the action has been assessed as necessary for:
maritime or visitor safety, including aiding navigation; or
maintaining the values of Cocos (Keeling) Islands Marine Park; or
critical infrastructure; or
research, monitoring and restoration; or
commercial tourism.
4.3.9.3 Dredging and disposal of dredged material in the Habitat Protection Zone may only occur where the action has been assessed as necessary for:
maritime or visitor safety, including aiding navigation;
maintaining the values of Cocos (Keeling) Islands Marine Park; or
critical infrastructure.
4.3.9.4 Artificial reefs may only be authorised in Cocos (Keeling) Islands Marine Park to assist the protection, conservation or restoration of habitats and in accordance with and subject to a permit under the Environment Protection (Sea Dumping) Act 1981 (Cth).
4.3.9.5 Works for the purposes of maintaining the existing (at the time this plan is made) seawall and associated infrastructure at Belakang Batu-Karang (Trannies Beach) are allowed without further authorisation from the Director.
4.3.9.6 Fish aggregating devices (FADs) may be installed in the Habitat Protection Zone in accordance with and subject to an authorisation issued under Section 4.5 (Authorisation of allowable activities).
4.3.9.7 The Director will consult with the community advisory committee as part of their assessment of any application for a permit or licence to install a FAD.
4.3.10 Research, monitoring and restorat
4.3.10 Research, monitoring and restoration
4.3.10 Research, monitoring and restoration
The prescriptions in this section set out the requirements for research, monitoring and restoration activities in Cocos (Keeling) Islands Marine Park.
Research, monitoring and restoration activities may also be subject to the provisions of Part 13 of the EPBC Act (research involving listed species) and Part 8A of the EPBC Regulations (research relating to biological resources).
Prescriptions
The Director may conduct research, monitoring and restoration activities in Cocos (Keeling) Islands Marine Park that involve actions covered by sections 354 and 354A and Part 13 of the EPBC Act.
A person other than the Director may conduct research, monitoring and restoration activities in Cocos (Keeling) Islands Marine Park, including taking actions that would otherwise be prohibited under sections 354 and 354A and Part 13 the EPBC Act, only in accordance with and subject to:
a permit issued under Section 4.5.1 (Permits);
a class approval issued under Section 4.5.2 (Class approvals); or
an activity licence or lease issued under Section 4.5.3 (Activity licences and leases).
Research activities that involve access to biological resources within the meaning of Part 8A of the EPBC Regulations must also comply with the requirements of that Part (in addition to the requirements of this section).
The Director will require authorisation holders to make results of research, monitoring and restoration activities available to the Director, stakeholders and/or the general public (in a specific format where relevant).
The Director will require activity proponents to consult with relevant stakeholders including individuals and organisations on Cocos (Keeling) Islands prior to and during the conduct of their activity, where the Director considers this appropriate.
The clean-up of general marine debris (for example, plastic waste at sea or that has washed up on the shoreline) is allowed in Cocos (Keeling) Islands Marine Park and does not require a further authorisation.
4.3.11 National security and emergency r
4.3.11 National security and emergency response
4.3.11 National security and emergency response
The prescriptions in this section set out the requirements for defence, border protection, law enforcement and emergency response activities in Cocos (Keeling) Islands Marine Park.
Provisions of the EPBC Act and EPBC Regulations (Division 12.2) relating to Australian marine parks generally apply to the Commonwealth and its agencies. In addition, section 362(2) of the EPBC Act requires the Commonwealth and Commonwealth agencies to perform functions and exercise powers in relation to Australian marine parks in a way that is not inconsistent with this plan. The Director will build on existing partnerships with Commonwealth agencies, including under the National Plan for Maritime Environmental Emergencies.
Prescriptions
Actions by or under direction of the Commonwealth and Commonwealth agencies in Cocos (Keeling) Islands Marine Park that are otherwise prohibited by sections 354 and 354A and Part 13 of the EPBC Act and covered by Division 12.2 of the EPBC Regulations are:
allowed for the purposes of training and operations for defence, customs, border protection, law enforcement or emergency response and may be conducted without the need for a permit or class approval; and
allowable for purposes other than those in (a), above, in accordance with a permit or class approval issued by the Director in accordance with Section 4.5 (Authorisation of allowable activities).
4.3.12 Waste management
4.3.12 Waste management
4.3.12 Waste management
The prescriptions in this section set out the requirements for waste management activities in Cocos (Keeling) Islands Marine Park.
Waste from normal operations of vessels must be compliant with requirements under MARPOL the International Maritime Organization convention covering prevention of pollution of the marine environment by ships from operational or accidental causes (as those requirements exist at the commencement of this management plan). Ballast water discharge and exchange must be compliant with ballast water management requirements administered by other government agencies.
Prescriptions
Disposal of domestic and industrial waste may be carried out in accordance with and subject to:
a permit issued under Section 4.5.1 (Permits);
a class approval issued under Section 4.5.2 (Class approvals); or
an activity licence issued under Section 4.5.3 (Activity licences and leases); and
relevant determinations made under regulation 12.14B of the EPBC Regulations.
Note: At the commencement of this plan a determination is in place under the EPBC Regulations that provides for the disposal of wastewater and desalination by-product from island-based treatment plants and the disposal of vessels in accordance with other applicable environmental laws. This determination supports the operation of critical island infrastructure, acknowledging the significant challenges faced in remote locations with respect to waste disposal; and supports the operations of other Australian Government agencies that help to address pressures on the marine park, such as illegal, unreported and unregulated foreign fishing.
Waste from normal operations may be disposed of from vessels to which MARPOL applies, in accordance with the requirements of MARPOL (as those requirements exist at the commencement of this plan).
Disposal of waste in connection with activities authorised under Section 4.3.9 (Structures and works) will be managed in accordance with that section.
Ballast water may be discharged or exchanged subject to compliance with:
the Biosecurity Act 2015 (Cth); and
other relevant Commonwealth and state legislation or international agreements relevant to ballast water management.
The prescriptions in this section apply to all users of Cocos (Keeling) Islands Marine Park, including those carrying out other activities provided for in this plan.
Note: Ballast water exchange should be conducted in at least 200 nm from nearest land and in waters 200 m deep. For voyages that cannot practically meet these requirements, ballast water exchange must occur at least 12 nm from the nearest land and in water at least 50 m deep.
The prescriptions in this section set out the requirements for the operation of non‑commercial remotely piloted aircraft (drones) in Cocos (Keeling) Islands Marine Park.
Prescriptions
4.3.13.1 Remotely piloted aircraft (drones) may be operated in all zones of Cocos (Keeling) Islands Marine Park for non‑commercial purposes without further authorisation from the Director, in accordance with and subject to:
applicable aviation safety laws as administered by the Civil Aviation Safety Authority;
relevant provisions of Part 8 of the EPBC Regulations relating to whale watching and other interactions with cetaceans;
other Commonwealth and state legislation relevant to remotely piloted aircraft; and
any relevant determinations made under the EPBC Regulations.
4.3.13.2 Pilots of remotely piloted aircraft must ensure that their aircraft:
does not approach birds from higher than a 60‑degree angle or at speeds exceeding 3 m per second;
is launched and operated as far as practicable from groups of seabirds and nesting seabirds;
is immediately landed if wildlife exhibit signs of disturbance for example, fleeing, sudden alteration of a course or direction, attacking the remotely piloted aircraft (drone) or being put to flight.
4.3.14 Red-footed booby (sula sula) harv
4.3.14 Red-footed booby (sula sula) harvest (Pengambilan burung maen‑maen)
4.3.14 Red-footed booby (sula sula) harvest (Pengambilan burung maen‑maen)
Sula sula were legally harvested by members of the Cocos Malay community up until the late 1990s, when changes to environmental legislation saw the practice outlawed. Some members of the Cocos Malay community want to reinstitute a sustainable cultural harvest of these birds under current environmental laws. This management plan allows for such a harvest to occur within Cocos (Keeling) Islands Marine Park should it be approved under those laws.
Masyarakat Melayu Cocos dahulunya dibebaskan untuk mengamek burung maen-maen hingga penghujung 1990an bila petukaran undang-undang alam sekitar mulai melarang kebiasaan ini. Berberapa penduduk masyarakat Melayu Cocos sangat maukan untuk mengembalikan kebiasaan untuk mengamek burung dengan cara yang bertahanan menurut undang-undang alam sekitar sekarang rancangan pengurusan ini mengizinkan untuk pengamekkan sedemikian untuk berlaku dalam taman lautan kalau ianya diluluskan dibawa undang-undang itu.
Prescriptions
4.3.14.1. Should a harvest of sula sula be approved under the EPBC Act and/or other relevant laws, that harvest may proceed in accordance with the conditions of that approval in Cocos (Keeling) Islands Marine Park without the need for a permit, class approval or other authorisation from the Director.
Sekiranya pengamekkan burung maen-maen diluluskan menurut Akta EPBC/atau perundangan lain yang berkenaan dimasa penghidupan plan ini, pengamekkan burung boleh dijalankan menurut syarat-syarat yang dinyatakan dalam kelulusan yang diberikan dalam taman lautan tanpa keperluan sebuah permit, kelulusan kelas atau kebenaran daripada Director.
4.3.15 Activities governed by the EPBC R
4.3.15 Activities governed by the EPBC Regulations
4.3.15 Activities governed by the EPBC Regulations
Many activities that could potentially occur in Cocos (Keeling) Islands Marine Park are not directly addressed in Chapter 4 of this plan but are the subject of rules under the EPBC Regulations. A list of some such activities potentially relevant to Cocos (Keeling) Islands Marine Park is provided in Table 4.2. In broad terms, these activities are prohibited by the EPBC Regulations unless otherwise allowed under this plan or the EPBC Regulations.
Table 4.2 Summary of EPBC Regulations for park users to be aware of
Activity
Relevant EPBC regulation(s)
Damage and defacing natural features, objects, signs or structures
12.12
Damage to heritage
12.13
Dumping of industrial waste
12.14
Dumping of domestic waste
12.14A
Use of poisonous substances
12.15
Use of firearms, fireworks and other weapons and devices. However, note that there are provisions in the regulations to allow transport of such items through the marine park
12.18
Taking animals (except assistance animals for use by a person with a disability) and plants into the park and cultivating plants
12.19, 12.20, 12.21
Interfering with a native species. However, note provisions in this plan allowing fishing and approved seabird harvest activities
12.19B
Adventurous activities (e.g. hang gliding, paragliding, rock climbing, abseiling, bungee jumping, BASE jumping)
12.26
Public nuisance – devices that produce loud noise
12.27
Burials. However, note the scattering of ashes at sea does not constitute burial at sea for the purposes of the Environment Protection (Sea Dumping) Act 1981
12.32
The EPBC Regulations also provide the Director with a range of powers to address park management issues that may arise from time to time for example, the Director can prohibit or restrict access to an area of Cocos (Keeling) Islands Marine Park under regulation 12.23 of the EPBC Regulations.
4.3.16 New activities and authorisations
4.3.16 New activities and authorisations
4.3.16 New activities and authorisations
New activities may be required or proposed in Cocos (Keeling) Islands Marine Park that are not covered by the prescriptions in this plan. The prescriptions in this section enable the Director to consider and authorise new activities in Cocos (Keeling) Islands Marine Park. They also enable the Director to authorise activities in new ways that are identified to be more efficient and effective.
Prescriptions
The Director may take actions that are not covered by specific prescriptions in this plan, including actions otherwise prohibited or restricted by sections 354 and 354A of the EPBC Act (for example, keeping or moving a member of a native species).
The Director may authorise (by a permit, class approval, activity licence or lease under Section 4.5 (Authorisation of allowable activities)) actions that are not covered by prescriptions in this plan, including actions covered by sections 354 and 354A of the EPBC Act and the EPBC Regulations.
The Director may issue permits, class approvals, activity licences or leases, or other usage rights in place of existing authorisations under this plan.
4.4
Making decisions about activities
4.4 Making decisions about activities
The prescriptions in this section outline the approach and considerations of the Director when making decisions about what activities will be authorised in Cocos (Keeling) Islands Marine Park.
More sections below
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Vision Vision
Vision
The vision statement was developed with input from a range of Cocos (Keeling) Island community members and is designed to reflect the island community’s aspirations for the local marine environment and Cocos (Keeling) Islands Marine Park.
Note on translations: Cocos Malay is the most commonly spoken language on Cocos (Keeling) Islands and an important part of Cocos Malay culture. The management plan recognises this by providing Cocos Malay translations for key passages of text, and for species and places where appropriate.
Objectives Objectives
Objectives
The objectives of Cocos (Keeling) Islands Marine Park are:
To protect and conserve biodiversity and other natural and cultural values
To provide for ecologically sustainable use that supports positive social and economic outcomes.
Tujuan Taman Lautan Pulu Cocos (Keeling) adalah untuk menyediakan:
Untuk melindungi dan memelihara biodiversiti dan nilai alam semula-jadi dan kebudayaan yang lain.
Untuk menyediakan penggunaan yang bertahanan dari segi ekologi yang menyokong hasil sosial dan ekonomi yang positif.
Foreword Foreword
Foreword
Emerging from the depths of the Indian Ocean, Cocos (Keeling) Islands and its surrounding waters are home to extensive coral reef and lagoon habitats that provide a haven for a diverse array of marine species, including migratory, threatened and endemic species. Cocos (Keeling) Islands Marine Park was proclaimed in March 2022 to protect this marine environment and support its sustainable use. The park extends across 467,054 km2 of ocean, safeguarding much of the islands’ inshore waters as well as deep, offshore seamounts, plains and ridgelines.
Cocos (Keeling) Islands Marine Park adjoins Pulu Keeling National Park, connecting and increasing protections across land and sea for seabirds, marine turtles and other species that require both environments for their survival.
The waters of Cocos (Keeling) Islands are not only a sanctuary for marine life; they are also critical for the local Cocos Malay community, which has an ongoing multigenerational connection to the marine environment that is of enormous cultural and socio-economic significance. For nearly 2 centuries, Cocos Malay people have relied on the waters of Cocos for their livelihoods, sustenance and general wellbeing. In recognition of the local community’s connection to the marine environment, the original design of Cocos (Keeling) Islands Marine Park and the preparation of this management plan have been undertaken collaboratively with local people.
Prohibits mining and mining‑related activities across the marine park, including oil and gas operations, seabed mineral mining, greenhouse gas storage, pipelines and exploration (4.3.8.1).
Sets monitoring, evaluation and reporting obligations for the Director and envisages adaptive management, with a formal review to be undertaken in the final two years of the plan (3.2).
Establishes governance and stakeholder arrangements, most notably a Cocos (Keeling) Islands‑based Community Advisory Committee to be majority‑local and to meet at least twice a year to advise on implementation (3.3).
The plan operates in tandem with the EPBC Act and EPBC Regulations: it enables a range of activities that would otherwise be prohibited or controlled by those laws (4.2). It also expressly cross‑references other Commonwealth and international instruments that continue to apply within the park, such as MARPOL, the Biosecurity Act 2015, UNCLOS, and the Environment Protection (Sea Dumping) Act 1981 (4.3.2; 4.3.12; Schedule 1). The document therefore functions as a sector‑specific management regime anchored in the EPBC Act while depending on other domestic and international legal regimes for specific operational controls.
Official rationales stated in the plan include protection and conservation of biodiversity and cultural values, and enabling ecologically sustainable use that supports positive social and economic outcomes (Objectives). The plan repeatedly frames its measures as balancing protection with locally important activities (for example, allowing recreational fishing in the yellow Habitat Protection Zone consistent with local rules (2.1; 4.3.7)). Those purpose claims are explicit in the text; the plan’s provisions should be read as instruments to implement those stated objectives through zoning, prescription and an authorisation architecture.
Mechanically, who decides in practice is the Director of National Parks (subject to Ministerial approvals where the EPBC Act requires), and who pays or bears burdens will depend on the activity: proponents seeking class approvals, permits or licences typically must meet consultation, monitoring and reporting requirements, and activity licences or leases may be subject to fees (4.5.3). The plan specifies conditions that the Director can attach (4.5.1-4.5.3) and the EPBC Regulations supply enforcement and offence provisions referenced in Table 4.2 (4.3.15). The Director’s discretion is broad: the plan authorises the Director to permit actions that would otherwise be prohibited by ss 354 and 354A and Part 13 of the EPBC Act (4.3.16; 4.3.10).
This section has outlined the instrument’s operational architecture and its stated purposes. The rest of this note will unpack core concepts, affected actors, duties and rights, enforcement and interactions with other laws, amendment and litigation records from the instrument, practical compliance issues and recommended compliance steps, citing the management plan’s sections where relevant.
Main concepts
The management plan establishes and operationalises several core concepts that structure decision‑making and compliance.
Zoning and IUCN categories. The plan assigns the marine park overall to IUCN category II and divides it into National Park Zones (IUCN II) and a Habitat Protection Zone (IUCN IV) (4.1). Zoning is the primary regulatory mechanism: green National Park Zones deliver high protection (for example, “mining and fishing are not allowed” in green zones, 2.1) while the yellow Habitat Protection Zone seeks to conserve ecosystems while allowing some activities that do not harm seafloor habitats (4.1). The plan states the zone design is unchanged from the 2022 proclamation (4.1).
Allowed, allowable and not allowed. Chapter 4 sets out, by activity and zone (Table 4.1 and Sections 4.3.1-4.3.16), three outcomes:
Allowed: activity can be carried out without a separate authorisation, if consistent with zone objectives and prescriptions (4.2).
Allowable: activity may be authorised by the Director via permit, class approval, activity licence or lease (4.2; 4.5).
Not allowed: activity prohibited because inconsistent with zone objectives (4.2; Table 4.1).
Authorisations and regulatory instruments. The plan’s authorisation tools are:
Permits: one‑off or time‑limited authorisations under Part 17 EPBC Regulations (4.5.1).
Class approvals: approvals for a person or class of persons where activities are done in a generally similar way; to be published on the Parks Australia website; designed to reduce duplication of assessment and approval (4.5.2).
Activity licences and leases: transferable, longer‑term authorisations suitable for exclusive infrastructure use; may include fees reflecting commercial value and provide security of tenure (4.5.3). Conditions can include monitoring, data provision and allowing Director representatives to board vessels (4.5.1-4.5.3).
Director’s decision framework. The Director is required to consider impacts and risks to identified values (2.3), be satisfied impacts are avoided or reduced to as low as reasonably practicable, ensure proponents consult stakeholders including Cocos community representatives, and ensure proponents have the capacity to comply with conditions (4.4.1). The Director may rely on other assessments under Chapter 4 of the EPBC Act, the Environment Protection (Sea Dumping) Act 1981 or government/industry assessments (4.4.2).
Values, pressures and adaptive management. The plan identifies natural, cultural and social/economic values (2.3) and sets out key pressures and drivers (2.4), including climate change, marine debris, water quality decline, invasive species, coastal development, fishing pressure and tourism impacts. The management response is adaptive: the Director will monitor, evaluate and report, develop baselines that accept shifting baselines under climate change, and review the plan in the final two years of its term (3.2).
Interplay with EPBC Act prohibitions and exemptions. The plan makes explicit that it may enable actions that would otherwise be prohibited under ss 354 and 354A and Part 13 of the EPBC Act, by authorisation (4.3.16; 4.3.10). It also references specific EPBC Regulations for activities and Director powers such as prohibiting or restricting access under reg 12.23 and anchoring determinations under reg 12.56 (4.3.2; 4.3.15).
Cultural harvest exception. The plan contains a discrete cultural allowance mechanism: if a red-footed booby harvest is approved under the EPBC Act and/or other laws, that harvest may occur in the marine park without need for an additional Director authorisation (4.3.14.1). The plan therefore separates the approval trigger (approval under species/other laws) from the Director’s authorisation role.
Compliance, reporting and review obligations. Authorisations may carry conditions that require stakeholder consultation, data provision, monitoring and reporting; permits may be suspended or cancelled under Part 17 EPBC Regulations (4.5.1-4.5.3; 4.5.2). The Director will require authorisation holders to make research/monitoring results available and may require consent to board vessels for compliance checks (4.3.10; 4.5.1-4.5.3).
Interconnected legal regimes. The plan treats other domestic and international obligations as ongoing constraints: MARPOL and ballast water rules, the Biosecurity Act, UNCLOS, the Environment Protection (Sea Dumping) Act, and various agreements in Schedule 1 remain relevant and are expressly noted as applicable (4.3.2; 4.3.12; 4.3.10; Schedule 1). The plan therefore functions within a multi‑layer regulatory landscape.
These concepts are the plan’s organising vocabulary: they determine permitted behaviour, the form of approvals, the Director’s remit, and the ways in which operators must interact with the Commonwealth and the local community.
Who it affects
The plan identifies and describes a number of directly and indirectly affected groups and institutions; these are also apparent from the prescriptions and procedural text.
Local communities and customary users. The Cocos Malay community is central to the plan. The document notes the Cocos Malay people are the majority local population, possess intergenerational cultural connections to the lagoon and marine resources, and practice fishing, boatbuilding, and cultural ceremonies linked to particular species and places (2.2; 2.3.2). The plan provides for continued local recreational fishing in the Habitat Protection Zone in accordance with local recreational fishing rules administered by the Commonwealth Department of Infrastructure, Transport, Regional Development, Communications and the Arts (DITRDCA) (2.2; 4.3.7). The community advisory committee will be majority‑local and will advise on implementation, monitoring and reporting (3.3).
Local businesses and tourism operators. Small‑scale marine tourism operators (scuba, snorkel tours, charter fishing, kitesurfing, windsurfing) are affected. The plan envisages a class approval with “fit‑for‑purpose conditions” for small‑scale, local marine tourism operators to facilitate continued operation (4.3.6). Commercial tour operators must comply with zone prescriptions; charters involving fishing must also comply with recreational fishing prescriptions (4.3.6).
Commercial fishing sector. Commercial fishing is prohibited in the green National Park Zones and may be allowed in the Habitat Protection Zone only in accordance with a commercial fishing concession and an authorisation (permit, class approval or activity licence) from the Director (4.3.3). The Director will prepare a class approval to facilitate continuation of existing commercial fishing in the yellow zone (4.3.3). Commercial fishing gear is restricted: certain gear such as demersal longlines, demersal nets, demersal trawls and trotlines must not be used or must be stowed while transiting (4.3.3).
Commonwealth agencies and national security actors. Defence, customs, border protection, law enforcement and emergency response activities are explicitly allowed when required for training and operations without a permit, and are allowable for other purposes with a permit or class approval (4.3.11). The Director must perform functions in a way not inconsistent with the plan (s 362(2) EPBC Act referenced in 4.3.11), and cooperation with agencies is signalled (1.4; 2.4).
State and Territory agencies and service providers. DITRDCA is responsible for fisheries at Cocos (Keeling) Islands, with the Director to consult and coordinate (1.4; 2.4.6). Western Australian agencies provide services under arrangements with the Commonwealth (1.4). Ports, local infrastructure operators and the Shire of Cocos (Keeling) Islands are stakeholders given the port, seawalls and active infrastructure were deliberately excluded from the park to provide regulatory certainty (2.1; 2.4.5).
Commercial shipping and international fleets. The plan recognises foreign vessels’ rights under UNCLOS but places limits in some zones consistent with UNCLOS to protect park values (4.3.2). The offshore green zone is closed to fishing (2.1), and the plan acknowledges the risk of illegal, unregulated and unreported foreign fishing (2.4.6). Commercial ships may transit but anchoring is restricted to areas determined under reg 12.56 EPBC Regulations (4.3.2; Table 4.1).
Researchers and conservation organisations. Research and restoration activities are allowed subject to authorisation; research involving listed species must comply with Part 13 of the EPBC Act and research accessing biological resources must comply with Part 8A of the EPBC Regulations (4.3.10). The Director will require proponents to make results available to the Director and stakeholders (4.3.10).
Operators of infrastructure and works. Activities such as excavation, structures, dredging and FADs are allowable in the Habitat Protection Zone subject to permits or class approvals and specific conditions (4.3.9). Works to maintain existing seawalls at Belakang Batu‑Karang are allowed without further authorisation (4.3.9.5); the active port area and seawalled shorelines were not incorporated into the park (2.1), which affects planning and permits for port operations.
General public and recreational users. Recreational boating, snorkelling, diving and recreational fishing (in the yellow zone), and non‑commercial drone use are regulated by the plan (4.3.1; 4.3.7; 4.3.13). Motor and wind‑powered vessels are prohibited in the two nearshore National Park Zones (Arus Les (The Rip) and Belakang Batu‑Karang (Trannies Beach)) unless assisting persons in distress (4.3.1).
Regulatory and compliance professionals. The plan affects compliance officers, park rangers, fisheries rangers and agencies with enforcement capacity. Conditions of permits and approvals may require data provision and allow the Director to board vessels or accompany tours to assess compliance (4.5.1-4.5.3).
In sum, the plan’s prescriptions impose or maintain access, operational and reporting obligations on a wide set of actors. Some groups (local fishers, small tourism operators) are explicitly accommodated through the Habitat Protection Zone and class approvals; others (mining, certain commercial fishing fleets) face outright prohibitions. Who pays or bears the compliance costs depends on the authorisation route: activity licence or lease holders may face fees (4.5.3), permit applicants may be required to fund mitigation, monitoring and reporting (4.5.1), and operators must comply with overlapping national and international legal requirements (4.3.2; 4.3.12).
Key duties and rights
The plan allocates duties and rights primarily between the Director of National Parks, activity proponents, and the local community advisory committee. The duties are procedural and substantive; rights include use rights subject to conditions and administrative review.
Director of National Parks: decision‑making and implementation duties
Prepare and implement the plan as required under the EPBC Act (1.1; 2.6). The Director must make decisions that consider park values, risks and benefits to users and stakeholders and be consistent with the plan’s objectives and zone objectives (4.4.1).
Authorise allowable activities by issuing permits, class approvals and activity licences/leases, and attach conditions (4.5; 4.5.1-4.5.3). The Director may ask for further information in assessing a permit (4.5.1).
Monitor, evaluate and report on implementation, consult with the advisory committee and other stakeholders, develop baselines that accommodate climate‑driven shifts, and undertake a formal review in the final two years of the plan (3.2).
Consult with, and consider the views of, the community advisory committee, and ensure consultation with relevant stakeholders before authorising significant new commercial fishing or aquaculture activities (3.3; 4.3.3; 4.3.4).
Use EPBC Regulations powers where relevant (4.3.15) and coordinate with other Commonwealth and state agencies for enforcement and operational responses (1.4; 4.3.11).
Proponents’ duties and obligations
For allowable activities, applicants must obtain the appropriate authorisation (permit, class approval or activity licence/lease) and meet any conditions imposed (4.2; 4.5).
Applicants must consult appropriately with stakeholders including relevant Cocos community representatives; the Director will provide guidance where requested (4.4.1; 4.5.1).
Authorisation holders commonly must provide data for compliance and monitoring purposes, make research results available to the Director and stakeholders, allow Director representatives to board vessels or enter premises for compliance checks, and comply with other Commonwealth, state or territory laws (4.5.1-4.5.3; 4.3.10).
Commercial fishing must also be in accordance with a commercial fishing concession issued under fisheries laws to the extent those laws can operate with this plan (4.3.3).
Vessels transiting green offshore National Park Zones must have all associated gear stowed and secured (4.3.3; 4.3.4).
Community advisory committee duties and rights
The committee will advise the Director on implementation, community and park user views and monitoring/evaluation (3.3). Its membership will be majority local, and meetings will be at least twice annually (3.3).
The Director will consider the committee’s views before new significant commercial fishing or aquaculture is permitted (4.3.3; 4.3.4).
Rights of review and legal remedies
Persons affected by a Director decision may seek review under the Administrative Review Tribunal Act 2024 and the review process set out in Division 14.3 of the EPBC Regulations; reconsideration by the Director is the first step (4.4.3). The plan extends these review rights to decisions on all authorisations issued by the Director under the plan, noting review of class approvals is limited to the making of the class approval (4.4.3).
The Director may suspend or cancel permits or class approvals and may vary conditions where appropriate (4.5.1-4.5.3); these administrative actions are subject to the EPBC Regulations processes referenced in the plan.
Other statutory duties remaining in force
Compliance with MARPOL for vessel waste and with the Biosecurity Act for ballast water and biofouling remains obligatory (4.3.2; 4.3.12).
Research involving listed species and access to biological resources must comply with Part 13 of the EPBC Act and Part 8A of the EPBC Regulations respectively (4.3.10).
Rights to conduct certain activities without Director authorisation
Activities expressly “allowed” in Table 4.1 for a given zone can be carried out without separate Director authorisation provided the activity complies with the plan’s prescriptions (4.2; Table 4.1). For example, general recreational access and overnight vessel stays are allowed where consistent with prescriptions (4.3.1).
If a red‑footed booby harvest is approved under the EPBC Act or other relevant laws, that harvest may proceed without an additional Director permit (4.3.14.1).
The plan therefore sets a framework in which the Director exercises broad discretion to authorise, condition and monitor activities while requiring proponents to demonstrate consultation, mitigation and monitoring capacity and to comply with overlapping legal regimes. Rights to administrative review are provided but vary by authorisation type.
Penalties and enforcement
The management plan itself is not a schedule of criminal penalties; rather it implements park management prescriptions within the enforcement architecture of the EPBC Act and EPBC Regulations and other applicable laws. The document references the statutory offence and compliance framework embedded in those instruments and prescribes administrative enforcement measures available to the Director.
Statutory offences and EPBC Regulations. Table 4.2 (Section 4.3.15) lists a range of EPBC Regulations that prohibit or regulate behaviour in Australian marine parks, including damaging or defacing natural features (reg 12.12), damage to heritage (12.13), dumping of industrial and domestic waste (12.14; 12.14A), use of poisonous substances (12.15), use of firearms (12.18), taking animals and plants (12.19-12.21), interfering with native species (12.19B), and other public nuisance or risky activities (12.26; 12.27; 12.32). Those regulations are the loci of offences and penalties; the plan signals their continued application inside the marine park (4.3.15).
Administrative enforcement tools under the plan. The Director may impose conditions on permits, class approvals and licences and may vary, suspend or cancel those instruments in accordance with the EPBC Regulations and the Plan (4.5.1-4.5.3). Conditions can include reporting, monitoring, data provision, allowing Director representatives to board vessels or accompany tours, and restricting gear or practices (4.5.1-4.5.3). The Director may prohibit or restrict access under reg 12.23 of the EPBC Regulations where necessary (4.3.15).
Compliance with other regimes. MARPOL obligations regarding waste disposal from vessels and the Biosecurity Act’s ballast water and biofouling requirements are specifically cited and remain enforceable (4.3.2; 4.3.12). The plan notes that ballast water exchange recommendations (200 nm/200 m depth preferred; fallback 12 nm/50 m) apply as operational guidance (4.3.12 Note).
Investigative and operational capacity. Permits and approvals may allow the Director or representative to board vessels or enter premises to evaluate compliance (4.5.1-4.5.3). The plan anticipates cooperation with Commonwealth agencies that have sea and air patrol compliance capability to manage risks such as illegal foreign fishing (2.4.6; 4.3.11).
Review and appeal mechanisms. Decisions under the plan are subject to administrative reconsideration in line with regulation 14.3 of the EPBC Regulations, and affected persons may seek merits review under the Administrative Review Tribunal Act 2024 and in accordance with Division 14.3 (4.4.3). Class approvals are reviewable only as to their making (4.4.3). These administrative review rights operate in parallel with criminal enforcement under the EPBC Act/Regulations.
What the plan does not provide within its text. The plan does not itself set out specific penalty amounts or criminal offence elements; it references the EPBC Regulations and other Acts as the source of offence provisions (4.3.15). Thus, the immediate enforcement levers available to the Director are administrative (permit variation, suspension, cancellation; conditions and monitoring), while criminal offences and sanctions follow from the EPBC Act/EPBC Regulations and other laws cited in the plan.
In practical enforcement terms, the effectiveness of deterrence and compliance will depend on: the resources available to Parks Australia and partner agencies for patrol and monitoring; the ability to gather admissible evidence during boardings, audits and inspections; the capacity to prosecute or administratively sanction breaches under the EPBC Act/Regulations; and the coordination mechanisms with other Commonwealth and state agencies referenced in the plan (1.4; 4.3.11; 2.4.6). The plan establishes the permit and condition architecture that enables enforcement actions, but enforcement outcomes depend on the wider legal and operational apparatus.
How it interacts with other laws
The management plan is integrated into a broader legal and regulatory landscape. It repeatedly states that other Commonwealth, state and international laws remain applicable and are the source of specific operational duties, particularly for shipping, biosecurity and research.
Primary statutory anchor: EPBC Act and EPBC Regulations. The plan is prepared under ss 366 and 368 and approved under ss 370(3) and 371(1) EPBC Act (1.1). It explicitly references EPBC Act prohibitions (ss 354 and 354A) and makes provision for authorisations to permit actions otherwise prohibited (4.3.16). Numerous provisions of the plan cross‑reference relevant parts of the EPBC Regulations: for example, determinations under regs 12.34, 12.35, 12.56, 12.14B, regulation 12.23 (access prohibitions) and Division 14.3 (reconsideration and review) (4.3.3; 4.3.7; 4.3.2; 4.3.12; 4.3.15; 4.4.3). The management plan constitutes a schedule of prescriptions within the EPBC framework and relies on the EPBC Regulations for procedural and enforcement detail.
Biosecurity Act 2015. The plan treats the Cocos (Keeling) Islands Port as a First Point of Entry under the Biosecurity Act and notes biosecurity controls at the port are administered by the Department of Agriculture, Fisheries and Forestry (2.4.4). Ballast water and biofouling management are governed by the Biosecurity Act and related Commonwealth/state rules; the plan requires compliance with those regimes for ballast water exchange and discharge (4.3.12).
MARPOL and international shipping law. The plan requires vessel waste disposal to comply with MARPOL (as it exists at the commencement of the plan) and recognises UNCLOS rights of innocent passage and freedom of navigation while placing limits in some zones consistent with UNCLOS to protect marine park values (4.3.2; 4.3.12).
Environment Protection (Sea Dumping) Act 1981. Artificial reefs are permitted only when authorised under the Environment Protection (Sea Dumping) Act 1981 and in accordance with a permit under that Act (4.3.9.4). Research and restoration activities may also be subject to the Sea Dumping Act where relevant (4.3.10).
Fisheries and marine resource laws. Commercial fishing must be conducted in accordance with a commercial fishing concession under Commonwealth, state or territory fisheries laws, to the extent those laws can operate concurrently with the plan (4.3.3). The plan anticipates coordination with DITRDCA, which is responsible for fisheries at Cocos (Keeling) Islands (1.4; 4.3.3). The Director requires the community advisory committee’s views to be considered by the responsible fisheries management authority before significant new commercial fishing or aquaculture activities are permitted (4.3.3; 4.3.4).
Administrative Review and tribunal Acts. The plan channels disputes and dissatisfaction with Director decisions through the EPBC Regulations reconsideration processes (reg 14.3) and the Administrative Review Tribunal Act 2024, and then the Administrative Appeals Tribunal for review of reconsideration decisions (4.4.3).
Other Commonwealth obligations and international agreements. Schedule 1 lists international agreements the plan takes into account, including JAMBA/CAMBA/ROKAMBA, CITES, the Convention on Biological Diversity, the Kunming‑Montreal Global Biodiversity Framework, ACAP, UNCLOS, MARPOL, the London Protocol, and various migratory species and turtle MOUs. The plan’s obligations are therefore framed by those international commitments (Schedule 1).
Operational interplay and dependency. Many plan prescriptions explicitly require compliance with other laws as conditions of authorisation (for example, aquaculture must be conducted in accordance with other marine resources management laws and biosecurity laws, 4.3.4). Similarly, waste disposal and ballast water management in the plan are subject to MARPOL and Biosecurity Act requirements (4.3.12). The plan therefore depends on, and defers to, other operational regimes for certain technical and enforcement details.
Consequences for proponents. Applicants must ensure they secure not only a Director authorisation where required by the plan, but also any concurrent approvals under the Sea Dumping Act, fisheries laws, biosecurity rules, and aviation laws for drones (4.3.10; 4.3.12; 4.3.13). The plan anticipates and explicitly cross‑references these concurrent authorisation needs (4.2; 4.3.10; 4.3.12).
In short, the management plan overlays an EPBC Act‑based zoning and authorisation architecture on top of a web of sectoral domestic and international legal instruments. It is not a standalone legal regime; compliance requires attention to concurrent obligations under maritime, fisheries, biosecurity, aviation and environmental protection laws.
Amendment history
The instrument itself is titled as a 2025 management plan and commences on the day after registration (1.1). Within the plan document there is explicit textual context showing the park was proclaimed in March 2022 and that the zoning adopted in this plan is the same as the zoning assigned when the park was proclaimed (2.1; 4.1). The plan does not include any internal record of prior amendments to the 2025 instrument because it is presented as the current instrument; the document does not identify earlier versions of this particular management plan instrument.
Two chronological reference points appear in the text and are relevant for amendment tracing:
Proclamation of the marine park occurred in March 2022 (Foreword; 2.1). The plan notes the zoning assigned under this 2025 instrument is the same as that assigned in the 2022 proclamation (4.1).
The management plan will be monitored and evaluated and in the final two years of the plan a review will be undertaken to evaluate effectiveness and inform the next management plan (3.2). That review process is the explicit mechanism by which the plan anticipates amendment or replacement.
Procedural amendment powers and flexibility. The Director has express powers to issue permits, class approvals, activity licences and leases and to vary, suspend or cancel those arrangements (4.5.1-4.5.3). Class approvals can be varied to remove persons from a class and may be varied, suspended or cancelled,these are administrative forms of change to authorized activity classes without necessarily amending the management plan instrument itself (4.5.2). The Director may also authorise actions not covered by the specific prescriptions or issue authorisations in new ways (4.3.16). These are operational flexibilities rather than textual amendments to the management plan instrument.
External amendment triggers. Changes to other laws (for example, MARPOL provisions as they exist at commencement) may affect how the plan is implemented; the plan explicitly references MARPOL and other instruments "as they exist at the commencement of this management plan" (4.3.12). Future amendments to those external instruments would interact with plan implementation.
No amendment log in the instrument. The plan does not contain a schedule listing prior amendments to this instrument, nor does it set out a formal amendment history in the text provided. The document records the statutory authority for the instrument and its commencement, identifies the prior proclamation and states the Director’s powers to vary authorisations and authorise novel activities. The explicit review in the plan (3.2) is the mechanism that will feed any subsequent amendments or the next plan.
Practical implication for users. Practitioners should treat this as the operative management plan and expect that any changes to specific permissions for activities will be effected via Director decisions (permits, class approvals, licences) or via a future formal amendment or replacement following the plan review. For tracking textual amendments, registries such as the Federal Register of Legislation (where the instrument is registered) and Parks Australia publications of class approvals will be the primary sources.
Litigation history
The management plan text as provided does not report any litigation history. It makes no reference to judicial or tribunal decisions concerning either the park’s proclamation or the content of the plan. The plan identifies pathways for administrative review and appeal (Administrative Review Tribunal Act 2024; Division 14.3 of the EPBC Regulations; Administrative Appeals Tribunal), but it does not record past litigation or decisions arising from challenges to Director decisions or the plan itself (4.4.3).
What the absence of litigation in the instrument means, as a factual matter drawn from the text:
The instrument does not cite any case law, tribunal decisions, or litigation outcomes relevant to the park or its zoning in the material provided.
The document sets out administrative review channels (4.4.3), which implies that aggrieved persons have established statutory routes to challenge Director decisions. Those statutory routes are available regardless of whether litigation has previously occurred.
The plan anticipates stakeholder disagreement and provides reconsideration and merits review steps; it therefore assumes that disputes may arise in the future even if none are recorded within the plan text (4.4.3).
For practitioners conducting due diligence or risk assessment, this absence means you should not infer precedent from the management plan itself. Instead, monitor administrative reconsideration outcomes and tribunal decisions that may arise after the plan’s commencement. Official repositories of EPBC Act regulatory decisions, AAT or Administrative Review Tribunal outcomes, and Federal Court judgments should be checked for any post‑commencement disputes. The plan itself gives the statutory routes and references the relevant procedural provisions (4.4.3; reg 14.3 EPBC Regulations), but contains no litigation record within its text.
Gotchas
This section flags provisions and operational interactions in the plan that are easily overlooked or that create potential compliance pitfalls, based strictly on the plan’s text.
Authorisation vs other legal approvals. The plan sometimes enables an activity within the park but still requires approvals under other laws. Example: a cultural harvest of red‑footed booby must first be approved under the EPBC Act and/or other relevant laws; only then does the plan allow that harvest to proceed without an additional Director permit (4.3.14.1). Conversely, aquaculture and commercial fishing require both Director authorisation and any applicable fisheries or biosecurity approvals (4.3.3; 4.3.4; 4.3.12). Practitioners must not assume a Director permit alone suffices.
Class approvals close to discretion. The plan promotes class approvals to reduce regulatory duplication but also grants the Director broad powers to vary, suspend or cancel classes and to remove persons from a class (4.5.2). Review of class approvals is limited to their making (4.4.3). A person removed from a class approval must seek a permit or licence instead (4.5.2 Note). This creates an operational risk: reliance on class status can be reversed administratively with limited merits review.
Anchor and vessel movement traps. Anchoring rules are layered. Anchoring generally is not allowed in some areas unless determined under reg 12.56 (4.3.2 note; Table 4.1 footnote b). Anchoring is allowed for most activities in the Habitat Protection Zone but not in green National Park Zones (Table 4.1; 4.3.2). Motor and wind‑powered vessels are specifically prohibited in two nearshore National Park Zones (Arus Les and Belakang Batu‑Karang) unless assisting persons in distress (4.3.1). Operators must check zoning maps and anchoring determinations before planning movements.
Mining ban is absolute. The plan explicitly bars mining and mining-related activities throughout the marine park, including exploration and seismic testing (4.3.8). This is a clear, non‑delegable exclusion affecting all potential resource projects.
Gear restrictions and stowage obligations while transiting. Certain gear types are prohibited in the park and must be stowed and secured if present on a vessel while transiting green offshore National Park Zones (4.3.3). The definition of “stowed and secured” (Glossary) requires gear to be inboard and out of the water, or as determined by the Director. Ambiguity in practice about what is “stowed and secured” could lead to compliance disagreements.
Research approvals complexity. Research involving listed species requires Part 13 EPBC Act compliance and access to biological resources invokes Part 8A EPBC Regulations (4.3.10). The plan requires research results to be provided to the Director in a specified format where relevant (4.3.10) , researchers must budget for data sharing and analytic obligations in permit applications.
Waste disposal and emergency determinations. The plan notes an EPBC Regulations determination in place at commencement that provides for disposal of wastewater and desalination by‑product from island treatment plants and disposal of vessels, acknowledging remote location challenges (4.3.12 Note). Operators or proponents must review the exact terms of any determinations and be alert to changes in those determinations over time.
Director’s power to authorise otherwise‑prohibited acts. Section 4.3.16 grants the Director power to take actions not covered by specific prescriptions, including actions otherwise prohibited by ss 354 and 354A EPBC Act (4.3.16). This creates regulatory flexibility but also increases uncertainty around the outer limit of permissible activity that depends on Director discretion.
Fees and commercial value. Activity licences and leases “may include agreed fees reflecting the commercial value of the authorisation” (4.5.3). Commercial operators should anticipate potential charges where long‑term exclusive rights are sought; the plan does not set fee schedules.
Limited local exceptions; no blanket customary tenure. The plan accommodates specific cultural practices (for example, potential approved red‑footed booby harvest) and allows local recreational fishing in the yellow zone (4.3.7; 4.3.14), but these are subject to approvals and applicable laws. The plan does not create automatic customary tenure or unrestricted traditional access outside the prescriptions and authorisation processes (2.2; 4.3).
Review rights vary by authorisation type. The plan extends review rights under regulation 14.3 EPBC Regulations and the Administrative Review Tribunal Act 2024, but indicates review of class approvals is limited to their making and a person’s ability to challenge a class approval may be constrained compared to individual permits (4.4.3). Practitioners should track the appropriate procedural route for the challenge they intend to bring.
Scale and monitoring capacity. The marine park covers c.467,054 km2 (2.1). The plan’s monitoring, enforcement and adaptive management aspirations (3.2) may be resource‑intensive; the plan relies on partnerships with other agencies for sea and air patrol capability (1.4; 2.4.6), and practitioners should factor in the practical limits of on‑water enforcement when assessing compliance risks.
These “gotchas” are textual and procedural features that create operational risk, potential compliance traps or administrative uncertainty. They should be considered when advising operators, drafting applications for permissions, or designing compliance programmes.
How to comply
This section provides concrete, source‑grounded steps and considerations for operators, proponents and advisers seeking to comply with the Plan, citing the relevant provisions.
Step 1 , Map your activity to zoning and Table 4.1
Obtain the authoritative zone maps (Chapter 2 maps and Schedule 2 figures) and determine whether the proposed activity falls within a green National Park Zone (IUCN II) or the yellow Habitat Protection Zone (IUCN IV) (2.1; 4.1).
Use Table 4.1 and Sections 4.3.1-4.3.16 to check whether the activity is allowed, allowable (A), or not allowed (X). If allowed, ensure operation conforms to the stated prescriptions. If allowable, prepare to apply for the relevant authorisation (4.2; Table 4.1).
Step 2 , Identify all concurrent legal requirements
Confirm whether the activity also triggers obligations under other laws listed in the plan: EPBC Act Parts and EPBC Regulations (Part 13, Part 8A as applicable), Biosecurity Act (ballast water, biofouling), MARPOL (vessel waste), Environment Protection (Sea Dumping) Act (artificial reefs, dumping/disposal), fisheries laws and aviation safety laws for drones (4.3.10; 4.3.12; 4.3.9.4; 4.3.3; 4.3.13).
Secure any necessary concurrent concessions or licences from fisheries or other relevant authorities where the plan requires such concurrency (4.3.3; 4.3.4).
Step 3 , Choose the correct authorisation pathway and prepare an application
If the activity is allowable, determine whether it is best authorised by a permit, class approval or activity licence/lease. Consider:
Permit: one‑off/time‑bound activities (4.5.1).
Class approval: activities generally done the same way by a class of persons; may reduce duplication (4.5.2).
Activity licence/lease: longer‑term, transferable arrangements appropriate for infrastructure or exclusive use; may include fees (4.5.3).
For permits and class approvals, be ready to provide detailed information the Director may request, including environmental impact mitigation, stakeholder consultation plans, monitoring and reporting arrangements, and evidence of capacity to comply (4.5.1-4.5.2).
For activity licences and leases, plan for potential fees and long‑term conditions and ensure commercial plans reflect the requirement to provide compliance data and allow boarding (4.5.3).
Step 4 , Prior and ongoing consultation
The Director requires evidence that proponents have consulted or will consult appropriately with stakeholders, including relevant Cocos community representatives; the Director will provide guidance where requested (4.4.1; 4.5.1). For significant commercial fishing or aquaculture proposals, the Director requires the community advisory committee’s views to be considered by the responsible fisheries or marine resources authority (4.3.3; 4.3.4).
Build consultation timelines and budgets into applications; the community advisory committee meets at least twice yearly and will be involved in program design and monitoring arrangements (3.3).
Step 5 , Design monitoring, data provision and mitigation into the project
Expect permit/class approval conditions to require mitigation measures, monitoring, data provision and reporting in a specified format (4.5.1-4.5.3; 4.3.10). Research proposals should include deliverables and data‑sharing plans.
For research or restoration that involves listed species or access to biological resources, comply with Part 13 and Part 8A requirements and attach those approvals to the Director application (4.3.10).
Step 6 , Operational compliance specifics
Vessels transiting green offshore National Park Zones must have fishing or aquaculture gear stowed and secured (Glossary; 4.3.3; 4.3.4).
Motor and wind‑powered vessels are not permitted in two nearshore National Park Zones (Arus Les and Belakang Batu‑Karang), unless assisting persons in distress (4.3.1).
Anchoring rules: check whether anchoring is permitted in the area (anchoring areas must be determined under reg 12.56) and prefer Habitat Protection Zone for anchoring associated with permitted activities; do not anchor in green National Park Zones unless the Director’s determinations provide otherwise (4.3.2; Table 4.1).
Drones: comply with CASA aviation safety laws and the plan’s drone prescriptions (do not approach birds from higher than 60 degrees, limit speed to 3 m/s near birds, land immediately if wildlife show disturbance) (4.3.13).
Step 7 , Biosecurity and waste management
Ensure ballast water exchange and discharge comply with the Biosecurity Act 2015 and other Australian ballast water management requirements; follow the plan’s ballast water exchange guidance (200 nm/200 m preferred; fallback 12 nm/50 m where not practicable) (4.3.12).
Ensure vessel waste disposal and normal operations comply with MARPOL and any EPBC Regulations determinations in force at the commencement of, and during, the activity (4.3.12).
Step 8 , Anticipate Director’s conditions and rights of access
Expect conditions requiring the Director or representatives to have boarding/access rights, data and reporting requirements, and consultation obligations (4.5.1-4.5.3).
Build record‑keeping, audit trails and compliance programs that enable prompt responses to Director requests and support readiness for administrative reconsideration or merits review (4.4.3).
Step 9 , Manage administrative review risk
If an adverse Director decision is issued, follow the reconsideration process under reg 14.3 EPBC Regulations and the Administrative Review Tribunal Act 2024 notice requirements (4.4.3). Timeliness is critical: the written notice asking for reconsideration must normally be given within 21 days of the decision coming to the applicant’s notice (4.4.3.3).
Step 10 , Monitor obligations and keep an eye on determinations and class approvals
Class approvals will be published on Parks Australia’s website (4.5.2). Monitor publications and determinations under the EPBC Regulations (for anchoring, disposal, etc.) as changes may alter operational permissions (4.3.2; 4.3.12; 4.3.15).
Prepare for the plan review in the final two years and any resulting changes to permitted activities (3.2).
In short, compliance requires zone mapping, cross‑checking with other legal regimes, selection of the proper authorisation path, thorough stakeholder consultation, built‑in monitoring and reporting, and operational adherence to specific on‑water rules such as gear stowage, anchoring and drone operation. The plan anticipates these steps and identifies the typical conditions the Director may impose; applications should be structured to satisfy the Director’s decision criteria in Section 4.4.1.
The Director of National Parks is grateful to the Cocos (Keeling) Islands community as well as scientific experts and other stakeholders for their contribution to the creation of this significant marine park and its management. Together, we are entrusted with helping ensure Cocos (Keeling) Islands Marine Park is healthy and thriving for the benefit of future generations.
Kemuka Kemuka
Kemuka
Timbul dari kedalaman Lautan Hindi, Pulu Cocos (Keeling) dan lautan sekitarnya adalah rumah kepada berbagai jenis karang dan tempat tinggal lagun yang luas, menyediakan tempat berlindung bagi berbagai jenis binatang laut, termasuk jenis yang menumpang, terancam dan endemik. Taman Lautan Pulu Cocos (Keeling) telah digelarkan pada March 2022 untuk menjaga persekitaran lautan ini dan menyokong penggunaannya yang bertahanan. Taman ini seluas lautan 467,054 kilometer persegi, melindungi sebahagian lautan dibahgian dalam pulu serta ayer dalam, seamount dilautan luaran, lapangan lautan dan pinggiran bukit dibawa laut.
Taman lautan bersebelahan Taman Negara Pulu Keeling, menyambung dan menambah penjagaan dipersekitaran tanah dan lautan untuk burung-burung, penyu dan jenis lain yang memerlukan kedua-dua alami untuk kehidupan mereka.
Lautan Pulu Cocos (Keeling) bukan hanya tempat perlindungan untuk binatang lautan, tetapi mereka juga penting untuk masyarakat Melayu Cocos, yang mempunyai perhubungan berberapa generasi kepada alami lautan yang menjadi kebudayaan dan kepentingan socio-ekonomik. Untuk hampir dua abad, orang Melayu Cocos bergantung dengan lautan Cocos untuk kehidupan, rezeki dan kesihatan mereka. Sebagai pengakuan atas hubungan masyarakat tempatan dengan persekitaran lautan, desain asli taman lautan dan persiapan rencana pengurusan ini dilakukan sebagai usaha kerjasama dengan masyarakat tempatan.
Director of National Parks merasa bangga terhadadp masyarakat Pulu Cocos (Keeling) serta juga ahli scientific dan pihak-pihak penting yang lain atas bantuan mereka terhadap pembinaan taman lautan yang penting ini serta penggurusannya. Bersama, kita diamanahkan dalam membantu memastikan Taman Lautan Pulu Cocos (Keeling) sihat dan berkembang untuk manfaat generasi yang akan datang.
Acknowledgements Acknowledgements
Acknowledgements
The Director of National Parks thanks the many individuals and organisations from Cocos (Keeling) Islands and other stakeholders that contributed to the establishment of Cocos (Keeling) Islands Marine Park and to this management plan. The community’s willingness to engage proactively and positively in a genuine co-design process will help ensure that this marine park delivers the best possible outcomes. The Director acknowledges the work of the Cocos (Keeling) Islands Marine Park Management Plan Committee, members of which volunteered their time, knowledge and expertise over an 18‑month period to help prepare this management plan.
Director of National Parks berterima kasih kepada banyak orang-orang dan pihak-pihak dari Pulu Cocos (Keeling) dan pihak-pihak penting yang lain yang telah membantu dalam pertubuhan Taman Lautan Pulu Cocos (Keeling) dan juga hingga rencana pengurusan ini. Kesediaan masyarakat untuk melibatkan diri secara proaktif dan positif dalam proses desain bersama yang tulus akan membantu memastikan taman lautan ini memberikan hasil yang terbaik. Director mengakui kerja Komiti Rencana Pengurusan Taman Lautan Pulu Cocos (Keeling), yang menyumbangkan masa, pengetahuan dan kepakaran mereka secara voluntir dalam tempoh 18 bulan untuk membantu menyediakan rencana pengurusan ini.
1.0 Introduction
1.0 Introduction
Image: Burung maen-maen (red-footed booby) (sula sula) (Parks Australia)
1.1 Introductory provisions
1.1 Introductory provisions
Name
This instrument is the Environment Protection and Biodiversity Conservation (Cocos (Keeling) Islands Marine Park Management Plan) Instrument 2025.
Commencement
This instrument commences on the day after it is registered on the Federal Register of Legislation
Authority
This instrument is prepared by the Director of National Parks under sections 366 and 368 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and is approved by the Minister under sections 370(3) and 371(1) of the EPBC Act.
1.2 Management plan overview
1.2 Management plan overview
Figure 1.1 Overview of the management plan
1.3 Australian marine parks
1.3 Australian marine parks
Cocos (Keeling) Islands Marine Park is one of a national network of Australian marine parks managed by Parks Australia under the direction of the Commonwealth Director of National Parks. These marine parks have been established in Commonwealth waters across all Australian marine regions as part of Australia’s National Representative System of Marine Protected Areas (NRSMPA). Marine parks have also been established by state and territory governments in their respective waters as part of this system.
Pulu Keeling National Park is also managed by Parks Australia. It has protected North Keeling Island and a small marine area around the island since 1995. However, until March 2022, when Cocos (Keeling) Islands Marine Park and Christmas Island Marine Park were established, the waters of Australia’s Indian Ocean Territories were a key gap in the NRSMPA. Like Pulu Keeling National Park and other Australian marine parks, Cocos (Keeling) Islands Marine Park is a Commonwealth Reserve, proclaimed under the EPBC Act.
1.4 Context for management
1.4 Context for management
Cocos (Keeling) Islands is one of Australia’s Indian Ocean Territories (IOT) and is governed by the Australian Government. An Administrator appointed by the Governor-General of Australia represents the Australian Government in these territories.
At the time this plan is made, the Commonwealth Department of Infrastructure, Transport, Regional Development, Communications and the Arts (DITRDCA) is responsible for overseeing administration of the IOT, including the management of fisheries on Cocos (Keeling) Islands. Most state-level services such as education, water, electricity generation and distribution and community services are provided by Western Australian Government agencies through service delivery arrangements with the Commonwealth. Local government functions and services are provided by the Shire of Cocos (Keeling) Islands.
The Director of National Parks is required to prepare management plans for Australian marine parks. In recognition of the importance of the marine environment, Commonwealth marine areas, including marine park areas, are listed as matters of national environmental significance under the EPBC Act.
This plan complements a range of Commonwealth, state and territory laws, as well as international conventions and agreements that relate to protection of the marine environment (Schedule 1). Some of the ways in which the Australian Government protects the marine environment through national environmental law are management plans for Australian marine parks; recovery plans for threatened species; and threat abatement plans for key threats, such as invasive species and marine debris.
Effective management of Cocos (Keeling) Islands Marine Park will be achieved by working in partnership with local communities, marine park users and other government agencies. In particular:
a locally based Community Advisory Committee will be established to advise on the implementation of this plan (Section 3.3 (Community advisory committee))
the Director will build on existing relationships with the Shire of the Cocos (Keeling) Islands, research institutions and government agencies with relevant responsibilities in IOT waters, including DITRDCA, the Western Australian Department of Water and Environment Regulation, the Australian Maritime Safety Authority, the Department of Defence, Australian Border Force and the Department of Agriculture, Fisheries and Forestry.
2.0 Cocos (Keeling) Islands Marine Park
2.0 Cocos (Keeling) Islands Marine Park
Image: ‘Above and Below’ Cocos (Keeling) Islands (Mitch McNear)
2.1 About Cocos (Keeling) Islands Marine Park
2.1 About Cocos (Keeling) Islands Marine Park
Cocos (Keeling) Islands Marine Park covers 467,054 km2 of the Indian Ocean surrounding Cocos (Keeling) Islands nearly the entirety of Australia’s waters around this remote external territory. It protects a diversity of pelagic and seafloor features, with water depths from 0 m to over 6,000 m. The marine park is assigned 2 International Union for the Conservation of Nature (IUCN) categories across 4 zones: a large ‘green’ National Park Zone (IUCN II) covering the entirety of the islands’ offshore waters, 2 small green zones protecting important inshore habitats, and a ‘yellow’ Habitat Protection Zone (Cocos (Keeling) Islands) (IUCN IV) covering most of the islands’ inshore waters. Green zoning provides a high level of protection – for example, mining and fishing are not allowed. Yellow zoning also provides significant protection, while allowing locally important activities like recreational fishing to continue. The active port area over the northern half of the southern atoll lagoon and the seawalled shorelines of Home Island and West Island were not incorporated into the marine park, ensuring certainty for activities and infrastructure critical for community services and the operation of the islands, such as the ferry service, freight services, fuel loading and seawall maintenance.
The Cocos (Keeling) Islands marine region supports high levels of species richness and diversity, including varieties of marine fauna found nowhere else in the world. The southern atoll lagoon system and outer coral reefs provide habitat for species from both Indian and Pacific Ocean bioregions, and over 600 species of fish have been recorded. The overlap of these bioregions in this area has given rise to the evolution of hybrid marine fauna, as well as some endemic species.
The offshore deep-sea marine environment of the marine park is characterised by ridges, plains and seamounts, including Muirfield Seamount, around 130 km to the south‑west of Cocos (Keeling) Islands, which rises to within 20 m of the surface and is abundant with marine life.
The Cocos (Keeling) Islands marine environment supports species such as penyu (marine turtles), cucut (sharks) and ikan hijau (humphead Māori wrasse). The lagoon ecosystem provides shallow, sheltered waters for juvenile fish species, as well as deeper coral habitats that support them as they mature. The marine park adjoins Pulu Keeling National Park, connecting and increasing protection across land and sea for species like burung bebek (masked booby seabirds) and green turtles, which require both environments for their survival.
Figure 2.1 Cocos (Keeling) Islands Marine Park offshore National Park Zone (IUCN II)
Figure 2.2 Cocos (Keeling) Islands Marine Park Habitat Protection Zone (Cocos (Keeling) Islands) (IUCN IV)
Figure 2.3 Cocos (Keeling) Islands Marine Park and port area
2.2 People and community
2.2 People and community
Cocos Malay people, who make up the majority of the Cocos (Keeling) Islands population, are descended from the original inhabitants the predominantly Malay workers who were brought to the islands by European settlers to
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