Subdivision b) relevant provisions of Part 8 of the - Environment Protection and Biodiversity Conservation (South-east Marine Parks Network Management Plan) Instrument 2025 - b) relevant provisions of Part 8 of the EPBC Regulations relating to whale watching and other interactions with cetaceans | Zoe
Environment Protection and Biodiversity Conservation (South-east Marine Parks Network Management Plan) Instrument 2025
b) relevant provisions of Part 8 of the b) relevant provisions of Part 8 of the EPBC Regulations relating to whale watching and other interactions with cetaceans
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This plan enables a range of activities to be carried out in the South-east Network that would otherwise be prohibited or controlled by Division 4 of Part 15 of the EPBC Act and Part 12 of the EPBC Regulations.
Chapter 4 sets out, for marine parks of the South-east Network, which activities are:
allowed, without the need for separate authorisation, where consistent with IUCN zone objectives (Section 4.1) and carried out in accordance with this chapter
allowable and able to be carried out if a separate authorisation is issued (Section 4.5 Authorisation of activities); or
not allowed, because they are not consistent with zone objectives (Section 4.1).
Chapter 4 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 activities)
how activities must be undertaken in the South-east Network (Section 4.3 Prescriptions for activities).
The prescriptions support an adaptive management approach to respond to new information. Any changes to the management of activities would be made in accordance with Section 4.4.1 (Decision-making). The Director may provide additional guidance (for example, consultation guidelines) outside this plan to support the assessment process.
Under the EPBC Regulations, the Director may make a determination to place additional restrictions on activities that are allowed or allowable according to this plan, if park objectives are not being met.
In accordance with section 359A of the EPBC Act, this plan does not prevent Indigenous people from continuing, in accordance with law, the traditional use of an area in a marine park for non‑commercial hunting or food gathering and for ceremonial and religious purposes. Section 8 of the EPBC Act provides that this plan does not affect the operation of the Native Title Act 1993 (Cth), which also includes provisions that preserve customary rights to use land and waters (Schedule 2).
4.2.1 Environmental approvals and other applicable laws
Depending on the type of activity, other provisions of the EPBC Act, EPBC Regulations or other legislation (for example, fisheries laws) may also apply to an allowed or allowable activity (Schedule 2).
It is the responsibility of the person proposing to take the action to obtain any required approvals under the EPBC Act, EPBC Regulations or other legislation. This includes:
determining whether the proposed action should be referred to the Minister in accordance with Parts 7 and 8 of the EPBC Act to determine whether it is a controlled action
if it is a controlled action, obtaining the required approvals for the action under Part 9 of the EPBC Act.
The Director may also refer a proposed action to the Minister to determine whether it is a controlled action under Parts 7 and 8 of the EPBC Act.
Interactions with cetaceans such as whales, dolphins and porpoises in the Australian Whale Sanctuary (which the South-east Network is a part of) are additionally, and separately, regulated under Part 8 of the EPBC Regulations. This plan does not purport to provide authorisation or exemption for any offences under Part 8 of the EPBC Regulations for commercial tourism activity taking place in any section of the South-east Network that overlaps with the Australian Whale Sanctuary.
4.3 Prescriptions for activities
This plan enables activities to be carried out in zones consistent with the zone objectives (Section 4.1) while enabling the impacts to be effectively managed. Prescriptions for these activities are summarised in Table 4.2.
The prescriptions in this plan relate to activities that are either:
not regulated by the EPBC Act or Regulations and need to be regulated to meet the objectives of this plan, or
prohibited by the EPBC Act or Regulations but enabled by this plan, which overrides the offence provisions in relation to those activities set out in the EPBC Act and Regulations (section 362(3) of the EPBC Act).
For activities not regulated under this plan, the EPBC Act and Regulations continue to set out the rules in the South-east Network (Section 2.1.3 in Schedule 2 provides an overview of activities regulated in Commonwealth reserves). In broad terms, these activities are prohibited by the EPBC Act and Regulations, unless an exemption applies.
All activity tables in this chapter should be read in conjunction with the relevant prescriptions.
Table 4.2 Summary of prescriptions for activities in the South-east Network (Note: this is a high-level summary table. For detailed prescriptions, refer to Sections 4.3.1–4.3.14).
Activity
Multiple Use Zone(IUCN VI)
Special Purpose Zone (VI)
Habitat Protection Zone(IUCN IV)
Habitat Protection Zone (Macquarie) (IV)
Recreational Use Zone (IUCN IV)
National Park Zone (IUCN II)
Sanctuary Zone(IUCN Ia)
GENERAL USE,ACCESS ANDWASTEMANAGEMENT(Section 4.3.1)(Section XX)(Section XX)(Section XX)
✓ Activity is allowed in accordance with the prescriptions of this plan without the need for a permit, class approval or activity licence or lease issued by the Director.
x Activity is not allowed.
A Authorisation is required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director.
xP Only allowable in Zeehan Marine Park, where the activity is within an Existing petroleum title that was granted under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) prior to the commencement of this plan, or subsequent title in the same area.
4.3.1 General use, access and waste management
This section (4.3.1) applies to all marine park users of the South-east Network, including those carrying out activities provided for under this plan. These are summarised in Table 4.3.
The EPBC Act and EPBC Regulations permit or enable the Director to control a range of activities in marine parks. Some provisions apply to particular classes of activities, such as commercial activities, mining operations or research. Other provisions (Schedule 2) relate to activities generally and include provisions enabling the Director to:
determine areas where waste may be disposed of
prohibit or restrict entry or activities
determine adventurous activities and areas where adventurous activities may be done
make determinations about the use of vessels, including to prohibit use, control anchoring and mooring, and set speed limits
make determinations about the use of aircraft in and over marine parks.
The taking-off and landing of an aircraft in a marine park can only be carried out in an area determined by the Director (regulation 12.58, EPBC Regulations).
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 International Convention for the Prevention of Pollution from Ships (MARPOL) (Schedule 2). 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 (4.3.1) 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 intended to be consistent with Australia’s rights and obligations under UNCLOS.
There are also a range of national laws, policies and procedures relevant to commercial shipping including the National Plan for Maritime Environmental Emergencies in relation to maritime pollution incidents and the Biosecurity Act 2015 (Cth) and Australian ballast water management requirements in relation to ballast water discharge. Prescriptions dealing with waste disposal and ballast water discharge and exchange are also covered in this section (4.3.1).
Vessel transiting and anchoring will be managed in accordance with this section (4.3.1) subject to relevant conditions in commercial fishing (Section 4.3.2), commercial tourism (Section 4.3.4), recreational use (Section 4.3.6), research and monitoring (Section 4.3.12) and national security and emergency response (Section 4.3.13).
The EPBC Regulations prohibit disposal of domestic and industrial waste, and the operation of aircraft (including drones), in Australian Marine Parks unless authorised by or under a management plan. This section (4.3.1) outlines how these activities can be carried out in the South-east Marine Park Network and any authorisations that may be required.
Waste from normal operations of vessels must be compliant with the requirements under MARPOL as they exist at the time this management plan comes into effect, the International Maritime Organization convention covering prevention of pollution of the marine environment by ships from operational or accidental causes. Ballast water discharge and exchange must be compliant with ballast water management requirements under the Biosecurity Act 2015.
Table 4.3 Summary of prescriptions for general use, access and waste management in the South-east Network
GENERAL USE, ACCESS AND WASTE MANAGEMENT
Multiple UseZone(VI)
Special Purpose Zone (VI)
Habitat Protection Zone(IV)
Habitat Protection Zone (Macquarie) (IV)
Recreational UseZone(IV)
National Park Zone(II)
Sanctuary Zone(Ia)
Vessel transiting
✓
✓
✓
✓
✓
✓
x
Anchoring
✓
✓
xC
xC
xC
xC
x
Ballast water discharge and exchange (compliant with Australian ballast water requirements)
✓
✓
✓
✓
✓
✓
x
Disposal of waste from normal operations of vessels (compliant with MARPOL requirements)
✓
✓
✓
✓
✓
✓
x
Disposal of domestic and industrial waste
A
A
x
x
x
x
x
Non-commercial remote piloted aircraft, drones etc.
✓
✓
✓
✓
✓
✓
x
✓ Activity is allowed in accordance with the prescriptions of this plan without the need for a permit, class approval or activity licence or lease issued by the Director.
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.
x Activity is not allowed.
xC Anchoring is not allowed except in anchoring areas determined under regulation 12.56 of the EPBC Regulations.
Prescriptions
4.3.1.1 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.
4.3.1.2 Vessels may transit through the South-east Network except the Sanctuary Zone (Ia) for the purpose of conducting activities in or outside the network, subject to compliance with the prescriptions in this section (4.3.1) and relevant prescriptions in Sections 4.3.2–4.3.13 relating to specific activities.
4.3.1.3 Vessels may stop and anchor:
a) in a Multiple Use Zone (VI) and Special Purpose Zone (VI)
b) in anchoring areas determined under regulation 12.56 of the EPBC Regulations in a Habitat Protection Zone (IV), Habitat Protection Zone (Macquarie) (IV), Recreational Use Zone (IV) and National Park Zone (II).
4.3.1.4 The limitations on anchoring in this section (4.3.1) do not apply to anchoring that occurs as part of activities that are allowed or allowable under Sections 4.3.24.3.12 of this plan and regulation 12.56 of the EPBC Regulations.
4.3.1.5 Disposal of domestic and industrial waste may be carried out in a Multiple Use Zone (VI) or Special Purpose Zone (VI) in the South-east Network under:
a) a permit issued under Section 4.5.2 (Permits)
b) a class approval issued under Section 4.5.3 (Class approvals)
c) an activity licence issued under Section 4.5.4 (Activity licences and leases) to a person who is not covered by a class approval.
4.3.1.6 Without limiting Section 4.3.1.5, the disposal of domestic and industrial waste must also comply with any determinations made under regulations 12.14–12.14B of the EPBC Regulations.
4.3.1.7 Waste from normal vessel operations must be disposed of in accordance with the relevant requirements of MARPOL as it exists in force on the date this plan comes into effect.
4.3.1.8 Ballast water can only be discharged or exchanged if in compliance with the Biosecurity Act 2015 (Cth).
4.3.1.9 Disposal of waste in connection with activities authorised under Section 4.3.11 (Structures and works) will be managed in accordance with that section.
4.3.1.10 Overnight stays on vessels do not require a permit to camp.
4.3.1.11 Remotely piloted aircraft may be operated for non-commercial purposes in all zones;
a) without further authorisation from the Director, except in a Sanctuary Zone (Ia), where it is not permitted at all, and
b) subject to Sections 4.3.1.13 and 4.3.1.14
4.3.1.12 Remotely piloted aircraft may be operated for commercial purposes;
a) in accordance with a relevant authorisation granted for an activity in Sections 4.3.2–4.3.14, and
b) subject to Sections 4.3.1.13 and 4.3.1.14.
4.3.1.13 All remotely piloted aircraft will need to be in accordance with and subject to:
a) applicable aviation safety laws as administered by the Civil Aviation Safety Authority
b) relevant provisions of Part 8 of the EPBC Regulations relating to whale watching and other interactions with cetaceans
c) other Commonwealth and state legislation relevant to remotely piloted aircraft
d) any relevant determinations made under the EPBC Regulations.
4.3.1.14 Pilots of remotely piloted aircraft must ensure their aircraft:
a) does not approach birds from higher than a 60-degree angle or at speeds exceeding 3 m per second,
b) is launched and operated as far as practicable from groups of birds and nesting birds, and
c) is immediately landed if wildlife exhibits signs of disturbance for example fleeing, sudden alteration of course or direction, attacking the remotely piloted aircraft (drone) or being put to flight.
4.3.2 Commercial fishing
This section (4.3.2) sets out the rules for commercial fishing activities in the South-east Network, including the types of fishing gear and methods allowed in different zones and requirements for real-time location data. These are summarised in Table 4.4.
Commercial fishing is managed for sustainability by the Australian Government and state and territory fisheries management agencies. In the South-east Network, commercial fishing is
subject to regulation under the Fisheries Management Act 1991 (Cth), or South Australian, Tasmanian or Victorian fisheries laws (under arrangements made under Part V of the Fisheries Management Act).
Table 4.4 Summary of prescriptions for commercial fishing activities in the
South-east Network
COMMERCIAL FISHING
Multiple UseZone(VI)
Special Purpose Zone (VI)
Habitat Protection Zone(IV)
Habitat Protection Zone (Macquarie) (IV)
Recreational UseZone(IV)
National Park Zone(II)
Sanctuary Zone(Ia)
Danish seine
x
x
x
x
x
x
x
Dropline
A
x
x
x
x
x
x
Hand collection (including using hookah, scuba, snorkel)
A
x
A
x
x
x
x
Hand net (hand, barrier, skimmer, cast, scoop, drag, lift)
A
x
A
x
x
x
x
Longline (demersal, auto-longline)
A
x
x
A
x
x
x
Longline (pelagic)
A
x
A
x
x
x
x
Minor line (handline, rod and reel, trolling, squid jig, poling)
A
x
A
x
x
x
x
Net (demersal)
A
x
x
x
x
x
x
Net (pelagic)
x
x
x
x
x
x
x
Purse seine
A
x
A
x
x
x
x
Scallop dredging
x
x
x
x
x
x
x
Trap, pot
A
x
x
A
x
x
x
Trawl (demersal)
x
x
x
x
x
x
x
Trawl (midwater)
A
x
A
x
x
x
x
Trotline
A
x
x
x
x
x
x
A Authorisation is required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence issued by the Director.
x Activity is not allowed.
Note: Commercial fishing methods not listed in Table 4.5 will require assessment and approval in accordance with Section 4.3.14 (New activities and authorisations).
Note: A class approval or activity licence may be varied under Section 4.5 (Authorisation of activities) to specify additional fishing methods and gear types following satisfactory assessment in accordance with Section 4.4.1 (Decision-making).
Note: Transit by commercial fishing vessels will be managed in accordance with Section 4.3.1 (General use, access and waste management) and prescriptions 4.3.2.4 and 4.3.2.6 in this section. Anchoring is allowed as part of activities authorised under this section (4.3.2).
Note: Research in connection with commercial fishing activities will be managed in accordance with Section 4.3.12 (Research and monitoring).
Prescriptions
4.3.2.1 Commercial fishing activities must only be carried out in a Multiple Use Zone (VI), Habitat Protection Zone (IV), or Habitat Protection Zone (Macquarie) (IV), and are subject to the prescriptions in this section (4.3.2).
4.3.2.2 Commercial fishing activities (including fish processing and the towing of caught fish) may be carried out in the South-east Network under:
a) a permit issued under Section 4.5.2 (Permits)
b) a class approval issued under Section 4.5.3 (Class approvals)
c) an activity licence issued under Section 4.5.4 (Activity licences and leases) to a person who is not covered by a class approval.
4.3.2.3 Without limiting prescription 4.3.2.2, all commercial fishing activities must also comply with:
a) the prescriptions in Section 4.3.1 (General use, access and waste management), where applicable,
b) any determinations made under regulation 12.34 of the EPBC Regulations, and
c) any commercial fishing concession issued under Commonwealth, state or territory fisheries laws to the extent those laws are capable of operating concurrently with this plan.
4.3.2.4 All commercial fishing vessels are required to provide real-time location data when operating or transiting through an Australian Marine Park in accordance with the conditions of the relevant class approval.
4.3.2.5 Where commercial fishing activities involve the below, the following prescriptions apply:
a) The following fishing gear must not be used anywhere in the network:
i. Danish seine
ii. net (pelagic)
iii. scallop dredging
iv. trawl (demersal).
b) Towing of caught fish and fish processing may be carried out in all zones except a Sanctuary Zone (IUCN Ia), in accordance with any conditions in an approval granted under Section 4.5.
c) Longline (demersal, auto-longline) and traps and pots may only be used in a Multiple Use Zone (VI) and Habitat Protection Zone (Macquarie) (IV).
d) Hand collection, hand net, longline (pelagic), minor line, purse seine and midwater trawl may only be used in a Multiple Use Zone (VI) and Habitat Protection Zone (IV).
e) dropline, net (demersal) and trotline may only be used in a Multiple Use
Zone (VI).
4.3.2.6 Fishing gear that is:
a) not allowed in the South-east Network (4.3.2.5(a)) or a certain zone within the South-east Network (4.3.2.5(c)(e))
b) not specified in a permit, class approval or activity licence as gear that may be used, or
c) prohibited by a determination under regulation 12.34 of the EPBC Regulations,
must be kept stowed and secured at all times during transit through, or while stopping and anchoring in, zones in which that gear is not allowed.
4.3.3 Commercial aquaculture
This section (4.3.3) sets out the rules for commercial aquaculture in the South-east Network. These are summarised in Table 4.5.
Commercial aquaculture in the region is managed under Victorian, Tasmanian and South Australian laws. These laws apply to the extent that they can operate consistently with the
EPBC Act, the EPBC Regulations and this plan.
Commercial intensive aquaculture is not allowed in the South-east Network.
The Director may make determinations under regulation 12.34 of the EPBC Regulations relating to the conduct of commercial aquaculture.
Table 4.5 Summary of prescriptions for commercial aquaculture activities in the
South-east Network
COMMERCIAL AQUACULTURE
Multiple UseZone(VI)
Special Purpose Zone (VI)
Habitat Protection Zone(IV)
Habitat Protection Zone (Macquarie) (IV)
Recreational UseZone(IV)
National Park Zone(II)
Sanctuary Zone(Ia)
Commercial intensive aquaculture
x
x
x
x
x
x
x
Commercial aquaculture (other)
A
x
A
x
x
x
x
A Authorisation is required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence issued by the Director.
x Activity is not allowed.
Note: Examples of commercial aquaculture (other) may include seaweed, shellfish or bivalves.
Note: Anchor and transit by commercial aquaculture vessels will be managed in accordance with Section 4.3.1 (General use, access and waste management) and prescription 4.3.3.5.
Note: Cage towing will be managed in accordance with Section 4.3.2 (Commercial fishing).
Note: Research in connection with commercial aquaculture activities will be managed in accordance with Section 4.3.12 (Research and monitoring).
Prescriptions
Commercial intensive aquaculture is not allowed in the South-east Network.
Commercial aquaculture (that does not include intensive aquaculture) may be carried out in a Multiple Use Zone (VI) and Habitat Protection Zone (IV) and is subject to the prescriptions in this section (4.3.3).
Commercial aquaculture (that does not include intensive aquaculture) may only be carried out under:
a) a class approval issued under Section 4.5.3 (Class approvals), or
b) an activity licence or lease issued under Section 4.5.4 (Activity licences and leases).
Without limiting prescription 4.3.3.3, commercial aquaculture (that does not include intensive aquaculture) must be carried out in accordance with:
a) any determinations made under regulation 12.34 of the EPBC Regulations, and
b) any applicable Commonwealth and state laws to the extent those laws are capable of operating concurrently with this plan.
Commercial aquaculture equipment not authorised for use by a class approval or activity licence as gear that may be used or that is prohibited by a determination under regulation 12.34 of the EPBC Regulations must be kept stowed and secured at all times during transit through, or while stopping and anchoring in, zones in which that gear is not allowed.
4.3.4 Commercial tourism (includes charter fishing tours)
This section (4.3.4) sets out the rules for commercial tourism in the South-east Network. These are summarised in Table 4.6.
Table 4.6 Summary of prescriptions for commercial tourism (includes charter fishing tours) in the South-east Network
COMMERCIAL TOURISM
Multiple UseZone(VI)
Special Purpose Zone (VI)
Habitat Protection Zone(IV)
Habitat Protection Zone (Macquarie) (IV)
Recreational UseZone(IV)
National Park Zone(II)
Sanctuary Zone(Ia)
Non-fishing related commercial tourism (including nature watching, scuba/snorkel tours)
A
A
A
A
A
A
x
Commercial charter fishing tours (including spear diving tours)
A
x
A
A
A
x
x
Commercial aviation tours (up to 3,000 m above sea level)
A
A
A
A
A
A
A
A Authorisation is required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director.
x Activity is not allowed.
Note: Transit by commercial tourism vessels will be managed in accordance with Section 4.3.1 (General use, access and waste management) and prescription 4.3.4.4. Anchoring is allowed as part of activities authorised under this section (4.3.4).
Note: The prescriptions in Section 4.3.6 (Recreational use) apply to the clients of charter fishing tours.
Note: The prescriptions in Section 4.3.11 (Structures and works) apply to the installation and maintenance of moorings and other structures and works as part of commercial tourism activities.
Note: The EPBC Act and EPBC Regulations do not apply to commercial aviation tours in airspace over 3,000 m above sea level.
Prescriptions
4.3.4.1 Commercial tours, other than aviation tours up to 3,000 m above
sea level and charter fishing tours, can be carried out in all zones except the Sanctuary Zone (Ia).
4.3.4.2 Commercial aviation tours up to 3,000 m above sea level can be carried out in
all zones.
4.3.4.3 Commercial charter fishing tours can be carried out in all zones except the Special Purpose Zone (VI), National Park Zone (II) and Sanctuary Zone (Ia).
4.3.4.4 Commercial tourism activities, including aviation tours carried out in the airspace up to 3,000 m above sea level and charter fishing tours, may only be carried out in the South-east Network in accordance with and subject to:
a) a permit issued under Section 4.5.2 (Permits),
b) a class approval issued under Section 4.5.3 (Class approvals), or
c) an activity licence or lease issued under Section 4.5.4 (Activity licences and leases).
4.3.4.5 Without limiting prescription 4.3.4.4, all commercial tourism activities must comply with:
a) the prescriptions in Section 4.3.1 (General use, access and waste management) where applicable, and
b) if the commercial tourism activity involves charter fishing – the prescriptions in Section 4.3.6 (Recreational use).
4.3.4.6 Fishing gear on charter fishing vessels must be kept stowed and secured at all times during transit through, or stopping and anchoring in, zones in which charter fishing tours are not allowed.
4.3.5 Commercial media
This section (4.3.5) sets out the rules for commercial media in the South-east Network. These are summarised in Table 4.7.
Table 4.7 Summary of prescriptions for commercial media activities in the
South-east Network
COMMERCIAL MEDIA
Multiple UseZone(VI)
Special Purpose Zone (VI)
Habitat Protection Zone(IV)
Habitat Protection Zone (Macquarie) (IV)
Recreational UseZone(IV)
National Park Zone(II)
Sanctuary Zone(Ia)
Commercial media
A
A
A
A
A
A
A
News of the day reporting
✓
✓
✓
✓
✓
✓
✓
✓ Activity is allowed in accordance with the prescriptions of this plan without the need for a permit, class approval or activity licence or lease issued by the Director.
A Authorisation is required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director.
Note: Transit by commercial media vessels will be managed in accordance with Section 4.3.1 (General use, access and waste management).
Note: Anchoring is allowed as part of activities allowed or authorised under this section (4.3.5).
Prescriptions
4.3.5.1 Commercial media activities, other than reporting news of the day, can only be carried out under:
a) a permit issued under Section 4.5.2 (Permits)
b) an activity licence issued under Section 4.5.4 (Activity licences and leases).
4.3.5.2 Without limiting prescription 4.3.5.1, all commercial media activity must comply with the prescriptions in Section 4.3.1 (General use, access and waste management).
4.3.5.3 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 Recreational use (including fishing)
This section (4.3.6) sets out the rules for recreational use (including non-commercial fishing) in the South-east Network. These are summarised in Table 4.8.
Table 4.8 Summary of prescriptions for recreational use (including fishing) activities in the South-east Network
RECREATIONAL USE (INCLUDING FISHING)
Multiple UseZone(VI)
Special Purpose Zone (VI)
Habitat Protection Zone(IV)
Habitat Protection Zone (Macquarie) (IV)
Recreational UseZone(IV)
National Park Zone(II)
Sanctuary Zone(Ia)
Recreational fishing
✓
x
✓
✓
✓
x
x
Recreational use (non-fishing, nature watching, boating, etc.)
✓
✓
✓
✓
✓
✓
x
Activity is allowed in accordance with the prescriptions of this plan without the need for a permit, class approval or activity licence or lease issued by the Director.
x Activity is not allowed.
Note: Transit by recreational use vessels will be managed in accordance with Section 4.3.1 (General use, access and waste management) and prescription 4.3.6.6.
Note: Anchoring is allowed as part of activities allowed under this section (4.3.6).
Note: Research in connection with recreational fishing will be managed in accordance with Section 4.3.12 (Research and monitoring).
Prescriptions
4.3.6.1 Recreational use (including fishing) may be carried out in the South-east Network in accordance with:
a) the prescriptions in Section 4.3.1 (General use, access and waste management)
b) any determinations made under regulation 12.35 of the EPBC Regulations.
4.3.6.2 Recreational use that is not fishing may be carried out in all zones except the Sanctuary Zone (Ia).
4.3.6.3 Recreational fishing may be carried out in all zones except the Special Purpose Zone (VI), National Park Zone (II) and Sanctuary Zone (Ia).
4.3.6.4 Recreational fishing must be carried out in accordance with relevant laws of South Australia, Tasmania or Victoria applying to the area of the South-east Network in which the activity is carried out to the extent those laws are capable of operating concurrently with this plan.
4.3.6.5 Fishing gear must be kept stowed and secured at all times during transit through, or stopping and anchoring in, zones in which recreational fishing is not allowed.
4.3.7 Offshore wind energy operations
This section (4.3.7) sets out the rules for offshore wind energy operations and infrastructure (including substations, infrastructure related to research and demonstration licences, generation and intra-field infrastructure, instrument moorings, and geotechnical drilling and coring) in the South-east Network. These are summarised in Table 4.9.
Offshore wind energy operations and infrastructure are not allowed anywhere in the South-east Network. The construction and operation of transmission cables that have a licence issued under the Offshore Electricity Infrastructure Act 2021 (Cth) may be carried out in accordance with Section 4.3.11 (Structures and works).
Table 4.9 Summary of prescriptions for renewable energy operations in the
South-east Network
OFFSHORE WIND ENERGY OPERATIONS
Multiple UseZone(VI)
Special Purpose Zone (VI)
Habitat Protection Zone(IV)
Habitat Protection Zone (Macquarie) (IV)
Recreational UseZone(IV)
National Park Zone(II)
Sanctuary Zone(Ia)
Offshore wind energy operations
x
x
x
x
x
x
x
x Activity is not allowed.
Note: Transit and anchor by offshore wind operational vessels will be managed in accordance with Section 4.3.1 (General use, access and waste management).
Note: Other renewable energy operations (e.g. tidal and wave energy operations and infrastructure) will be assessed and managed under Section 4.3.14 (New activities and authorisations).
Note: Scientific research and environmental monitoring in connection with offshore wind energy operations and infrastructure may be carried out in all zones in accordance with Section 4.3.12 (Research and monitoring).
Note: For the avoidance of doubt, research and monitoring does not include operations or infrastructure related to demonstrating the capabilities of a technology, system or process.
Prescriptions
Offshore wind energy operations and infrastructure (including substations, infrastructure related to research and demonstration licences, generation and intra‑field infrastructure, instrument moorings, and geotechnical drilling and coring for the purpose of installing wind turbines) are not allowed in the South-east Network.
The construction, operation and decommissioning of transmission cables and any associated operations or works (including geotechnical drilling and coring) within the network may be carried out under Section 4.3.11 (Structures and works).
4.3.8 Mining operations (including exploration)
Sections 355 and 355A of the EPBC Act and regulation 12.16 of the EPBC Regulations prohibit mining operations in Australian Marine Parks unless carried out in accordance with a management plan in operation for the marine park.
This section (4.3.8) sets out the rules for mining operations in the South-east Network. These are summarised in Table 4.10.
For the purpose of this plan, ‘mining operations’ has the meaning in section 355(2) of the
EPBC Act and also includes:
operations or activities connected with, or incidental to, the mining or recovery of minerals or the production of material from minerals,
exploration, processing, storage and disposal, and the construction of structures for operational purposes, and
offshore exploration or mining activity as defined in the Offshore Minerals Act 1994 (Cth).
This plan does not affect any mining operations in the South-east Network where:
the specific mining operation is permitted under a usage right, or any rights arising from the usage right, that was held before the proclamation of the relevant marine parks in the South-east Network (section 359 of the EPBC Act), or
the Director has approved the specific mining operation under section 359B(2) in a period where there was no management plan in operation in the South-east Network.
Petroleum activities
Petroleum activities authorised by a title granted under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) (OPGGS Act) prior to the commencement of this plan, or a subsequent title in the same area, in Zeehan Marine Park (Existing petroleum titles), may be conducted in accordance with this section (4.3.8) and approval by the Director. This includes petroleum exploration activities under the existing exploration permits and any petroleum exploration and production activities under any subsequent production licence, infrastructure licence, pipeline licence or retention lease, and short-term titles (access authorities (AA) and scientific investigation consents (SIC)) within the authorised areas of the Existing petroleum titles.
Petroleum exploration and production activities will not be authorised in the South-east Network
if they are proposed to be undertaken outside of the authorised areas of Existing petroleum titles. This includes any petroleum exploration permit or special prospecting authority (SPA), granted under the OPGGS Act after the commencement of this plan.
The Director may authorise petroleum activities related to the installation and operation of pipelines in the network in accordance with this section (4.3.8). These include those associated with pipeline licences or AAs granted under the OPGGS Act.
Offshore petroleum activities under the NOPSEMA EPBC Program
The program report, Strategic assessment of the environmental management authorisation process for petroleum and greenhouse gas storage activities administered by the National Offshore Petroleum Safety and Environmental Management Authority under the Offshore Petroleum and Greenhouse Gas Storage Act 2006, was developed in February 2014 to streamline environmental approvals arrangements that are in place for offshore petroleum projects and activities.
The program is administered by the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) and was endorsed by the then Minister for the Environment on 7 February 2014 under Part 10 of the EPBC Act.
On 27 February 2014, the then Minister for the Environment provided a class approval under section 146B of the EPBC Act for the taking of actions in accordance with the program (Minister’s class approval). The effect of this is that actions falling under the Minister’s class approval do not require separate referral, assessment or approval under Chapter 4 of the EPBC Act (subject to any exceptions in the Minister’s class approval).
Petroleum activities may be carried out within the Zeehan Marine Park Multiple Use Zone (VI) and Special Purpose Zone (VI) if the petroleum activity:
is under an Existing petroleum title (or subsequent title in the existing title area),
is carried out in accordance with the program, including compliance with any environmental plan accepted by NOPSEMA under the program
falls within the Minister’s class approval, or
falls within a class approval issued by the Director under this plan.
In the above circumstances, the activities do not require additional assessment or authorisation by the Director because the endorsed program takes account of impacts and risks to marine park values in a manner that satisfies the Director. Further, where the proposed activity is within an Australian Marine Park or may impact the marine park values, the Director is consulted in the preparation of environmental plans under the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023 (Cth).
Other mining activities
Offshore geological storage of greenhouse gas emissions, such as carbon dioxide, is not allowed in the South-east Network as per Section 4.3.9 (Offshore geological storage of carbon dioxide). Mineral seabed mining is also not allowed in the South-east Network as per prescription 4.3.8.1.
Research that is a mining operation as defined in section 355 of the EPBC Act or is incidental to such an operation is covered by prescriptions in this section (4.3.8). Mining-related research activities that do not require an environment plan under the OPGGS Act are covered by prescriptions in Section 4.3.12 (Research and monitoring).
Table 4.10 Summary of prescriptions for mining operations in the South-east Network
MINING
Multiple UseZone(VI)
Special Purpose Zone (VI)
Habitat Protection Zone(IV)
Habitat Protection Zone (Macquarie) (IV)
Recreational UseZone(IV)
National Park Zone(II)
Sanctuary Zone(Ia)
Petroleum exploration and production
xP
xP
x
x
x
x
x
Construction and operation of pipelines
AB
AB
AB
AB
AB
AB
x
Mineral seabed mining
x
x
x
x
x
x
x
AB Authorisation is required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director. The construction and operation of pipelines associated with petroleum exploration and production, may only be authorised if the Director is satisfied that alternative routes are not feasible or practicable (prescription 4.3.8.8).
x Activity is not allowed.
xP Only allowable in Zeehan Marine Park, where the activity is within an Existing petroleum title that was granted under the OPGGS Act prior to the commencement of this plan, or subsequent title in the same area.
Note: Exploration permits granted under the OPGGS Act prior to the commencement of this management plan may progress to a retention lease or production licence. Activities associated with those subsequent titles (or a relevant short-term title such as an AA or SIC) will be allowable inside Zeehan Marine Park as an existing petroleum title, where they are to be conducted within the original title area.
Note: Proposed mining operations carried out under usage rights that existed immediately before the declaration of a marine park do not require approval from the Director.
Note: Transit by mining vessels will be managed in accordance with Section 4.3.1 (General use, access and waste management). Anchoring is allowed as part of activities authorised under this section (4.3.8).
Note: Scientific research and environmental monitoring in connection with a particular mining operation may be carried out in all zones in accordance with Section 4.3.12 (Research and monitoring).
Note: For the avoidance of doubt, research and monitoring does not include activities or operations for the purpose of prospecting or exploration for minerals.
Prescriptions
Mineral seabed mining is not allowed anywhere in the South-east Network.
Petroleum activities authorised under new petroleum titles that are exploration permits or special prospecting authorities granted after the commencement of this plan are not allowed in the South-east Network.
Petroleum activities to be carried out under Existing petroleum titles (including subsequent titles resulting from an Existing petroleum title such as a retention lease or production licence, or relevant short-term title) may be carried out in the South-east Network subject to prescription 4.3.8.4. These petroleum activities are referred to as ‘Existing petroleum activities’ and include:
a) those authorised by exploration permits issued under section 98 of the OPGGS Act and any subsequent title that may result from the exploration permit (for example, retention lease, production licence)
b) access authorities and petroleum scientific investigation consents.
Allowable petroleum activities must only be carried out under:
a) a permit issued under Section 4.5.2 (Permits)
b) a class approval issued under Section 4.5.3 (Class approvals), or
c) an activity licence issued under Section 4.5.4 (Activity licences and leases) for mining operations that are the construction and operation of pipelines.
Without limiting prescription 4.3.8.4, all allowable petroleum activities must comply with the prescriptions in Section 4.3.1 (General use, access and waste management).
Existing petroleum activities, that are not the construction and operation of pipelines, must only be carried out in a Multiple Use Zone (VI) and Special Purpose Zone (VI) in Zeehan Marine Park and subject to prescription 4.3.8.7.
Allowable petroleum activities:
a) that have been approved under Part 9 of the EPBC Act must be carried out in accordance with conditions of that approval and a class approval issued under Section 4.5.3,
b) that are approved under the Minister’s class approval must be carried out under a class approval under Section 4.5.3,
c) that are the subject of a decision under Part 7 of the EPBC Act and are not a controlled action if taken in a particular manner must be carried out under a class approval issued under Section 4.5.3, and
d) that are not covered by paragraphs a) to c) must be carried out in accordance with an authorisation issued under Section 4.5 (Authorisation of activities).
If the Director is satisfied that alternative routes are not feasible or practicable, construction and operation of pipelines and the carrying out of other activities for the purposes of mining operations (for example, surveys) can be carried out in all zones in the network except the Sanctuary Zone (Ia) under an authorisation issued by the Director under Section 4.5 (Authorisations of activities).
Allowable petroleum activities, including the construction and operation of pipelines, must be carried out in accordance with relevant Commonwealth legislation to the extent those laws can operate concurrently with this plan.
Actions required to respond to oil pollution incidents, including environmental monitoring and remediation, in connection with mining operations authorised under the OPGGS Act may be carried out in all zones without an authorisation issued by the Director and in accordance with Section 4.3.13 (National security and emergency response).
4.3.9 Offshore geological storage of carbon dioxide
This section (4.3.9) sets out the rules for offshore geological storage operations in the South-east Network. These are summarised in Table 4.11. Geological storage operations are the permanent storage of carbon dioxide under the seabed and are not allowed anywhere in the South-east Network.
Geological storage operations within Commonwealth waters are regulated by the OPGGS Act and Environmental Protection (Sea Dumping) Act 1981 (Cth) (Sea Dumping Act) (Schedule 2) and associated regulations. Carbon capture and storage operations that are likely to have an impact on Matters of National Environmental Significance are also subject to the referral, assessment and approval provisions of Chapters 7 to 9 of the EPBC Act. At the time of commencement of this plan, no greenhouse gas titles (granted under the OPGGS Act) intersect with the South-east Network.
Table 4.11 Summary of prescriptions for greenhouse gas storage operations in the
South-east Network
GEOLOGICAL STORAGE
Multiple UseZone(VI)
Special Purpose Zone (VI)
Habitat Protection Zone(IV)
Habitat Protection Zone (Macquarie) (IV)
Recreational UseZone(IV)
National Park Zone(II)
Sanctuary Zone(Ia)
Permanent storage of carbon dioxide under the seabed
x
x
x
x
x
x
x
Construction and operation of pipelines
AB
AB
AB
AB
AB
AB
x
Geological storage surveys
x
x
x
x
x
x
x
AB Authorisation is required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director. The construction and operation of pipelines associated with geological storage, may only be authorised if the Director is satisfied that alternative routes are not feasible or practicable (prescription 4.3.9.3).
x Activity is not allowed.
Note: Transit and anchor by vessels undertaking geological storage operations will be managed in accordance with Section 4.3.1 (General use, access and waste management).
Note: Any carbon management technologies not described in Table 4.11 and the prescriptions of this section (4.3.9) will be assessed and authorised by the Director in accordance with Section 4.3.14 (New activities and authorisations).
Note: Scientific research and environmental monitoring in connection with a particular geological storage operation may be carried out in all zones in accordance with Section 4.3.12 (Research and monitoring).
Note: For the avoidance of doubt, research and monitoring does not include activities or operations for the purpose of exploring for suitable carbon dioxide storage sites.
Prescriptions
4.3.9.1 The permanent storage of carbon dioxide under the seabed is not allowed in the South-east Network.
4.3.9.2 Surveys for the identification of suitable sites for the permanent storage of carbon dioxide under the seabed are not allowed in the South-east Network.
4.3.9.3 If the Director is satisfied that alternative routes are not feasible or practicable, construction and operation of pipelines and the carrying out of other activities for the purposes of carbon capture and storage operations can be carried out in all zones except the Sanctuary Zone (Ia) under an authorisation under Section 4.5 (Authorisation of activities).
4.3.9.4 The construction and operation of pipelines must be carried out in accordance with relevant Commonwealth legislation to the extent those laws can operate concurrently with this plan.
4.3.9.5 Actions required to respond to pollution incidents, including environmental monitoring and remediation, in connection with geological storage operations authorised under relevant Commonwealth legislation may be carried out in all zones without an authorisation issued by the Director and in accordance with Section 4.3.13 (National security and emergency response).
4.3.10 Space activities
This section (4.3.10) sets out the rules for space activities in the South-east Network and are summarised in Table 4.12.
The Australian Space Agency administers the Space (Launches and Returns) Act 2018 (Cth), which establishes a system for regulating civil space and high-power rocket activities in Australia.
Space activities not described in this section (4.3.10), such as launch and return of space objects, high-power rockets and retrieval of space debris, will be managed in accordance with Section 4.3.14 (New activities and authorisations).
Table 4.12 Summary of prescriptions for space activities in the South-east Network
SPACE ACTIVITIES
Multiple UseZone(VI)
Special Purpose Zone (VI)
Habitat Protection Zone(IV)
Habitat Protection Zone (Macquarie) (IV)
Recreational UseZone(IV)
National Park Zone(II)
Sanctuary Zone(Ia)
Disposal of large debris (e.g. component part of a space object or high-power rocket)
A
A
x
x
x
x
x
Disposal of small and dispersed particulate matter
A
A
A
A
A
A
x
A Authorisation is required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director.
x Activity is not allowed.
Note: Transit by space activity vessels will be managed in accordance with Section 4.3.1 (General use, access and waste management). Anchoring is allowed as part of activities authorised under this section (4.3.10).
Note: Research in connection with space activities will be managed in accordance with Section 4.3.12 (Research and monitoring).
Prescriptions
4.3.10.1 Space activities that are the disposal of large debris or small particles from space activities must only be carried out under:
a) a permit issued under Section 4.5.2 (Permits)
b) a class approval issued under Section 4.5.3 (Class approvals), or
c) an activity licence or lease issued under Section 4.5.4 (Activity licences and leases).
4.3.10.2 Without limiting prescription 4.3.10.1, all space activities that are the disposal of large debris or small particles must comply with:
a) the prescriptions in Section 4.3.1 (General use, access and waste management)
b) an authorisation issued under the Space (Launches and Returns) Act 2018 (Cth) if required, to the extent those laws can operate concurrently with this plan.
4.3.10.3 Space activities that are the disposal of large debris (for example, component parts of a space object or high-power rocket) may be carried out in a Multiple Use Zone (VI) and Special Purpose Zone (VI).
4.3.10.4 The towing of large debris may be carried out in all zones except the Sanctuary Zone (Ia) and must be in accordance with Section 4.3.1 (General use, access and waste management).
4.3.10.5 Space activities that are the disposal of small and dispersed particulate matter may be carried out in all zones except the Sanctuary Zone (Ia).
4.3.11 Structures and works
Sections 354(1)(c)(f) and 354A(3) of the EPBC Act, and regulation 12.11 of the EPBC Regulations, prohibit excavations, erection of buildings or structures, and carrying out works unless it is carried on in accordance with a management plan in operation for that marine park.
This section (4.3.11) sets out the rules for structures and works in the South-east Network where the activity is not already covered by Sections 4.3.14.3.10. These are summarised in Table 4.13.
The prescriptions do not affect any structures or works that were installed in a marine park under a usage right relating to the seabed that existed immediately before the proclamation of the South-east Network (section 359 of the EPBC Act).
Table 4.13 Summary of prescriptions for structures and works in the South-east Network
STRUCTURES AND WORKS
Multiple UseZone(VI)
Special Purpose Zone (VI)
Habitat Protection Zone(IV)
Habitat Protection Zone (Macquarie) (IV)
Recreational UseZone(IV)
National Park Zone(II)
Sanctuary Zone(Ia)
Excavation (other than dredging), erection and maintenance of structures, and works
A
A
A
A
A
A
xS
Dredging and disposal of dredged materials
A
A
x
x
x
x
x
Artificial reefs
A
A
A
A
A
xE
x
Fish aggregating devices
A
x
x
A
A
x
x
A Authorisation is required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director.
x Activity is not allowed.
xS Activity is allowable only for human safety, aids to navigation or compliance purposes.
xE Activity is allowable only for the protection, conservation or restoration of habitats.
Note: Structures may include, but are not limited to, moorings, submarine cables and electricity transmission cables. The erection and maintenance of structures associated with mining operations must be carried out in accordance with Section 4.3.8 (Mining operations).
Note: Transit and anchor by vessels carrying out structures and works operations will be managed in accordance with Section 4.3.1 (General use, access and waste management).
Note: Research in connection with structures and works will be managed in accordance with Section 4.3.12 (Research and monitoring).
Prescriptions
Excavations (including dredging), erecting a structure (including artificial reefs) or carrying out works including maintenance of structures and associated activities (including disposal of dredged material) can only be carried out under:
a) a permit issued under Section 4.5.2 (Permits)
b) a class approval issued under Section 4.5.3 (Class approvals), or
c) an activity licence or lease issued under Section 4.5.4 (Activity licences and leases).
Without limiting prescription 4.3.11.1, all excavations, erection of structures and carrying out of works and associated activities must comply with the prescriptions in Section 4.3.1 (General use, access and waste management).
Subject to Prescriptions 4.3.11.4 and 4.3.11.5, an authorisation may be issued for excavations (including dredging), erecting a structure (including artificial reefs), works and maintenance, and associated activities (including disposal of dredged material), other than in relation to fish aggregating devices, in the South-east Network where the action is necessary for:
a) maritime or visitor safety, including aiding navigation, or
b) maintaining the values of the South-east Network, or
c) research and monitoring, or
d) critical infrastructure in the national interest, or
e) commercial tourism, and
f) if is not practicable for the action to be taken outside the zone.
Excavations (including dredging), erecting a structure, and works and maintenance, and associated activities, including in relation to fish aggregating devices, the disposal of dredged material and the installation of artificial reefs:
a) that have been approved under Part 9 of the EPBC Act may be carried out in accordance with conditions of that approval and a class approval issued under Section 4.5.3 (Class approvals)
b) that are authorised by a policy, plan or program that has been endorsed under Part 10 of the EPBC Act may be carried out in accordance with the conditions of that authorisation and a class approval issued under Section 4.5.3 (Class approvals)
c) that have been authorised by a permit under the Sea Dumping Act may be carried out in accordance with the conditions of that permit and a class approval issued under Section 4.5.3 (Class approvals)
d) that are the subject of a decision under Part 7 of the EPBC Act and are not a controlled action or not a controlled action if taken in a particular manner may be carried out in that manner and in accordance with the conditions of a class approval issued under Section 4.5.3 (Class approvals)
e) that are not covered by paragraphs a) to d) may be carried out in accordance with a permit issued under Section 4.5.2 (Permits) or an activity licence or lease issued under Section 4.5.4 (Activity licences and leases).
Subject to the conditions set out in prescription 4.3.11.4:
a) excavations (other than dredging), erecting a structure, and works and maintenance, and associated activities, may be carried out in all zones. However, they may only be carried out in a Sanctuary Zone (Ia) for human safety, aids to navigation or compliance purposes
b) dredging and the disposal of dredged material may be carried out in a Multiple Use Zone (VI) and Special Purpose Zone (VI)
c) artificial reefs may be installed in all zones except Sanctuary Zones (Ia). However, artificial reefs may only be installed in a National Park Zone (II) to assist with the protection, conservation and restoration of habitats
d) fish aggregating devices may be installed in all zones except in a Special Purpose Zone (VI), National Park Zone (II) and Sanctuary Zone (Ia).
4.3.12 Research and monitoring
Regulation 12.10 of the EPBC Regulations prohibits scientific research in an Australian Marine Park except in accordance with a management plan in operation for that marine park.
This section (4.3.12) sets out the rules for research and monitoring activities (including surveying) in the South-east Network. These are summarised in Table 4.14.
Activities or operations that would have otherwise been managed under another section of Section 4.3 but are undertaken for the primary purposes of research and monitoring are managed as research and monitoring activities under this section (4.3.12).
Research and monitoring activities that affect listed threatened species or ecological communities, listed migratory species, cetaceans or listed marine species must also comply with the provisions of Part 13 of the EPBC Act.
Where biological resources are sought for the purpose of research and development on their genetic or biochemical components, a permit is required under Part 8A of the EPBC Regulations and is subject to the prescriptions in this plan.
Table 4.14 Summary of prescriptions for research and monitoring activities in the
South-east Network
RESEARCH AND MONITORING
Multiple UseZone(VI)
Special Purpose Zone (VI)
Habitat Protection Zone(IV)
Habitat Protection Zone (Macquarie) (IV)
Recreational UseZone(IV)
National Park Zone(II)
Sanctuary Zone(Ia)
Research
A
A
A
A
A
A
A
A Authorisation is required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director.
Note: Transit and anchoring are allowed as part of activities allowed and authorised under this section (4.3.12).
Prescriptions
4.3.12.1 Research and monitoring activities, which includes any actions that would have otherwise been prohibited under sections 354 and 354A of the EPBC Act and Division 12 of the EPBC Regulations, may be carried out in all zones in the
South-east Network and are subject to the prescriptions in this section (4.3.12).
4.3.12.2 Any research and monitoring activities must be carried out under:
a) a permit issued under Section 4.5.2 (Permits)
b) a class approval issued under Section 4.5.3 (Class approvals), noting that a
class approval will not be issued for research and monitoring that involves activities covered by Section 4.3.12.6, or
c) an activity licence or lease issued under Section 4.5.4 (Activity licences
and leases).
4.3.12.3 Without limiting prescription 4.3.12.2, research and monitoring activities must comply with the prescriptions in Section 4.3.1 (General use, access and waste management).
4.3.12.4 Research activities that involve access to biological resources within the meaning of Part 8A of the EPBC Regulations must comply with the requirements of that Part (in addition to the requirements of this section (4.3.12)).
4.3.12.5 Before issuing an authorisation for research and monitoring activities under Section 4.5, the Director must:
a) consider the aim of the proposed activity or class of activities, ethical issues and how knowledge from the proposed activity or class of activities might benefit the understanding and management of the South-east Network
b) be satisfied that the activity is relevant to, or a priority for, the management of the South-east Network.
4.3.12.6 Before issuing an authorisation under Section 4.5 for research and monitoring that involves commercial fishing activities that would otherwise be prohibited under Section 4.3.2 (Commercial fishing), the Director must be satisfied that:
a) the project is proposed to be carried out in an area where the same or similar research and monitoring has been carried out previously
b) it is not practicable for the project to be carried out outside the proposed area
c) the activity will provide information relevant to understanding the impacts of activities on the marine environment, or to supporting sustainable use in the marine environment
d) the activity is relevant to, or a priority for, the management of the South-east Network
e) the project activities will not have an unacceptable impact on the values of the area in which the research and monitoring will be carried out
f) the project will be carried out in a manner not inconsistent with achieving the objectives of this plan.
4.3.12.7 Authorisation holders will be required to make results of research and monitoring available to the Director (in a specific format where relevant) if the Director is satisfied that the information will improve the knowledge and understanding of the values and management of the South-east Network.
4.3.13 National security and emergency response
This section (4.3.13) sets out the rules for defence, border protection, law enforcement and emergency response activities in the South-east Network. These are summarised in Table 4.15.
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.
Table 4.15 Summary of prescriptions for national security and emergency response activities in the South-east Network
NATIONAL SECURITY AND EMERGENCY RESPONSE
Multiple UseZone(VI)
Special Purpose Zone (VI)
Habitat Protection Zone(IV)
Habitat Protection Zone (Macquarie) (IV)
Recreational UseZone(IV)
National Park Zone(II)
Sanctuary Zone(Ia)
Actions by or under direction of the Commonwealth and Commonwealth agencies defence, border protection, law enforcement and emergency response
✓
✓
✓
✓
✓
✓
✓
Actions by or under direction of the Commonwealth and Commonwealth agencies not covered elsewhere by this plan
A
A
A
A
A
A
A
✓ Activity is allowed in accordance with the prescriptions of this plan without the need for a permit, class approval or activity licence or lease issued by the Director.
A Authorisation is required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director.
Note: Transit and anchoring are allowed as part of activities allowed and authorised under this section (4.3.13).
Prescription
4.3.13.1 Actions by or under direction of the Commonwealth and Commonwealth agencies in the South-east Network that would otherwise be prohibited by sections 354 and 354A and Part 13 of the EPBC Act, Division 12.2 of the EPBC Regulations and regulated under this plan:
a) for the purposes of training and operations for defence, customs, border protection, law enforcement or emergency response (including response to pollution events resulting from mining or geological storage activities) may be carried out without the need for authorisation under Section 4.5 (Authorisation of activities)
b) for any other purposes may be carried out under a permit or class approval issued by the Director in accordance with Section 4.5 (Authorisation of activities).
4.3.14 New activities and authorisations
New activities may be required or proposed in the South-east Network during the life of this plan that are not covered by the prescriptions in this plan. The prescriptions in this section (4.3.14) enable the Director to consider and authorise new activities in the South-east Network. This could include activities whose details are not known at the time of plan publication, such as actions required to restore habitats and support climate adaptation. They also enable the Director to authorise activities in new ways that are identified to be more efficient and effective and reduce unnecessary administrative burden.
Prescription
4.3.14.1 The Director may authorise (by a permit, class approval, activity licence or lease under Section 4.5 Authorisation of activities) actions that are not covered by specific prescriptions in this plan, including actions prohibited under sections 354 and 354A of the EPBC Act and Division 12 of the EPBC Regulations.
4.4 Making decisions about activities
The prescriptions in this section (4.4) outline the approach and considerations of the Director when assessing and making decisions about what activities will be authorised in marine parks.
This section (4.4) applies to all assessments and decisions made by the Director under
Section 4.5 (Authorisation of activities).
4.4.1 Decision-making
Prescriptions
Before authorising a proposed activity, the Director must consider:
a) the potential impacts, risks and benefits to marine park values, marine parks users, First Nations people and stakeholders
b) whether the proposed activity is consistent with the objectives of the marine
park, objectives of the zone or zones in which the activity will be or is being carried out and the applicable reserve management principles (Schedule 8 of
the EPBC Regulations).
Before authorising a proposed activity, the Director must be satisfied that:
a) potential impacts on and risks to marine park values will be avoided or reduced to as low as reasonably practicable
b) the potential impacts and risks of the activity on marine park values and representativeness are acceptable
c) the applicant has the capacity to comply with the conditions of the authorisation
d) relevant regulatory requirements have been or will be met.
Note: The Director will develop and maintain publicly available resources to support the interpretation of these decision-making prescriptions (Section 4.4).
4.4.2 Assessments under other processes
Prescription
4.4.2.1 For the purposes of Section 4.4.1 (Decision-making) the Director may accept the assessment of activities made under Chapter 4 of the EPBC Act, the Sea Dumping Act or under a government or industry policy, plan or program where the Director is satisfied that:
a) the assessment is done in a manner consistent with prescriptions 4.4.1.1 and 4.4.1.2, and
b) the assessment process provides for appropriate consultation with the Director and consideration of the Director’s views in relation to activities in the South-east Network or potential impacts on the network or marine park values.
4.4.3 Review of decisions
This section (4.4.3) outlines the processes for seeking a review of a decision.
A person whose interests are affected by a decision about a permit under Part 17 of the EPBC Regulations and who is dissatisfied with that decision, may ask the Director to reconsider the decision in accordance with regulation 14.16 of the EPBC regulations.
This plan extends the rights and processes for reconsideration under regulation 14.16 of the EPBC Regulations to all other decisions made under Section 4.5 of this plan. This includes the right to apply to the Administrative Review Tribunal for merits review of the reconsideration decision under regulation 14.16(8) of the EPBC Regulations.
Without liming the operation of regulation 14.16 of the EPBC Regulations, a person may only apply to the Administrative Review Tribunal for the review of the reconsideration decision.
Prescriptions
The process for reconsideration of a Director’s decision about a permit under Section 4.5.2 is provided for in Division 14.3 of the EPBC Regulations.
The process for reconsideration in Division 14.3 of the EPBC Regulations apply to any decision of the Director under Section 4.5 of this Plan, including decisions about class approvals (Section 4.5.3) and activity licences and leases (Section 4.5.4).
The Director will only reconsider a decision made under this Plan if the Director is asked to reconsider the decision in accordance with Division 14.3 of the EPBC Regulation.
Without limiting the operation of Division 14.3 of the EPBC Regulation, the person requesting the reconsideration must:
a) have their interest affected by the decision and be dissatisfied with the decision,
b) provide written notice to the Director, asking the Director to reconsider the decision, within 21 days after the decision first comes to the notice of the person, and
c) set out in the written notice the reasons for making the request.
The Director will follow the process in Division 14.3 of the EPBC Regulations when reconsidering a decision made under Section 4.5 of this Plan.
A person may apply to the Administrative Review Tribunal for the review of the Director’s reconsideration decision.
4.5 Authorisation of activities
The prescriptions in this section (4.5) describe the types of authorisations that can be
granted under this plan, the specific processes and consideration for issuing those types
of authorisations, and the conditions that may be imposed by the Director.
4.5.1 Authorised activities
Prescriptions
4.5.1.1 The Director may authorise allowable activities through a permit, class approval, activity licence or lease in accordance with this section (4.5).
4.5.1.2 The Director may authorise an activity that would otherwise not be allowed under this management plan, through a permit, class approval, activity licence or lease in accordance with this section (4.5), only where:
a) the activity is required to address a threat or emergency to Australia as a whole,
b) the proponent has demonstrated, to the satisfaction of the Director, that the threat or emergency cannot be mitigated or addressed by undertaking the activity outside of the marine park,
c) the activity cannot be postponed until the management plan expires or an amendment is made to the management plan to allow the proposed activity, and
d) the proponent has demonstrated, to the satisfaction of the Director, that the potential impacts and risks from the activity to the park values are reduced and mitigated to as low as is reasonably practicable.
4.5.1.3 For any activity authorised under prescription 4.5.1.2, the Director will publish the reasons for making the decision on the Parks Australia website.
4.5.2 Permits
The Director may issue a permit under Part 17 of the EPBC Regulations to authorise a person or persons to conduct an allowable activity for example, for an activity that is one-off, time bound or not carried out in the same way by all operators.
Prescriptions
4.5.2.1 The Director may issue a permit for an allowable activity, where prescribed by Section 4.3 (Prescriptions for activities) of this plan in accordance with Part 17 of the EPBC Regulations and subject to the prescriptions (if any) relating to the particular activity.
4.5.2.2 In assessing a permit application, the Director may ask the applicant for more information if the Director considers there is insufficient information to decide whether to issue the permit.
4.5.2.3 In assessing a permit application for an activity that has been subject to a referral under Part 7 of the EPBC Act or an assessment under the Sea Dumping Act, the Director will consider any referral or assessment documents and related information.
4.5.2.4 A permit may be subject to conditions including but not limited to (and depending on the type of activity):
a) specifying the area in which, and the periods during which, the approved activity may be carried out,
b) requiring the impacts of the permitted activity to be mitigated by specified actions developed in consultation with the Director,
Note: The Director will issue guidance specific to activity types on requirements for mitigation.
c) regulating the use of, or requiring the use of, vessel identification and monitoring systems,
d) the provision of, or consent for access to, data for compliance and monitoring purposes,
e) making results of data collection, research and monitoring available to the Director (and in a specific format where relevant),
f) requiring reporting or auditing,
g) complying with other Commonwealth, state or territory laws and authorisations issued under such laws,
h) allowing for the Director or representative to board vessels, accompany tours or enter premises for the purpose of evaluating compliance with permit conditions,
i) requiring, restricting, or prohibiting the use of specified gear, equipment or practices, and
j) providing for the payment of fees.
4.5.2.5 A permit may be suspended or cancelled and permit conditions may be varied or revoked in accordance with Part 17 of the EPBC Regulations.
4.5.3 Class approvals
This plan provides for the Director to issue class approvals to authorise activities by a specified person or class of persons where the activities are generally done in the same way by persons conducting the activity. This can include, but is not limited to, activities that have been authorised under Chapter 4 of the EPBC Act or the Sea Dumping Act or assessed and authorised under other government or industry processes. Class approvals will be published on the Parks Australia website (Section 4.5.5).
Issuing class approvals can reduce regulatory burden by avoiding duplication in assessment and approval processes and would be introduced in consultation with the relevant person or class of persons.
Prescriptions
4.5.3.1 The Director may issue a class approval for activities where prescribed by Section 4.3 (Prescriptions for activities) of this plan, subject to the prescriptions
(if any) relating to the particular activity,
4.5.3.2 A class approval may be subject to conditions including but not limited to (and depending on the class of activities);
a) specifying the area in which, and the periods during which, the approved activity may be carried out,
b) requiring the impacts of the authorised activity to be mitigated by specified actions developed in consultation with the Director,
c) regulating the use of or requiring the use of vessel identification and
monitoring systems,
d) the provision of, or consent for access to, data for compliance and
monitoring purposes,
e) making results of data collection, research and monitoring available to the Director (and in a specific format where relevant),
f) requiring reporting or auditing,
g) complying with other Commonwealth, state or territory laws and authorisations issued under such laws,
h) requiring, restricting or prohibiting the use of specified gear, equipment or practices,
i) allowing for the Director or representative to board vessels, accompany tours or enter premises for the purpose of evaluating compliance with class approval conditions or
j) providing for the payment of fees.
4.5.3.3 A class approval may be varied, suspended or cancelled and approval conditions may be varied or revoked, or further conditions imposed, if the Director is satisfied that:
a) the activities, or an activity in the class of activities, to which the approval relates have not been, are not being, or likely will not be carried out in accordance with the approval or a condition of the approval,
b) assessment of impacts under a policy, plan or program to which Section 4.4.2 (Assessments under other processes) applies is not being made, or is not being made in accordance with the approval or a condition of the approval,
c) the impacts of the activities, or an activity in the class of activities, to which the approval relates are no longer acceptable (Section 4.4.1 Decision-making),
d) activities, or an activity in the class of activities, to which the approval relates are likely to cause an unacceptable risk to public health and safety, or
e) there are reasonable grounds for believing that, if the decision to issue the approval were being considered again, the approval would not be issued or would not be issued in the same terms or subject to the same conditions (for example, because of new information or if a relevant matter that the Director took into account in deciding to issue an approval has changed or no longer exists).
It would more efficiently or effectively manage the activities to which the approval relates, provided the impacts of the activities to which the approval relates will remain acceptable (Section 4.4.1 Decision-making),
4.5.3.4 A class approval or conditions may be varied or revoked to remove a person from the class of approved persons:
a) at the request of that person, or
b) if the Director is satisfied that the person has breached a condition of the approval or has in the previous 10 years been convicted of, or is subject to proceedings for, an offence under the EPBC Act, EPBC Regulations or any other law of Commonwealth about the protection, conservation or management of native species or ecological communities.
Note: Where a person has been removed from a class approval, they may apply for a permit under Section 4.5.2 (Permits) or an activity licence under Section 4.5.4 (Activity licences and leases).
Note: Part VIIC of the Crimes Act 1914 (Cth) includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.
4.5.4 Activity licences and leases
Under section 358(2) of the EPBC Act, the Director may grant a lease or licence relating to
the land or seabed of a marine park only in accordance with a management plan in operation
for the park. Further, activities that are otherwise prohibited under Division 12 of the EPBC Regulations may be carried out in accordance with a lease or licence granted by the Director (regulation 12.06(1)(l)(i), EPBC Regulations).
An activity licence or lease may be issued to authorise an activity where it is more appropriate than the use of a permit or class approval, such as for tourism activities or activities that involve the installation of infrastructure (such as moorings or marker buoys). For most of these types of activities a licence will be the most suitable form of authorisation; however, this plan also provides for the Director to grant leases over the seabed. Licences and leases are transferable and generally granted for a longer term than permits. They may include agreed fees reflecting the commercial value of the authorisation and, in the case of leases, provide security of tenure over seabed to support investment in infrastructure.
An activity licence authorises the holder to conduct their activities in the area to which the licence relates. A lease provides exclusive possession of the area in which an activity is to be carried out. Licences and leases enable continued growth of marine park services and allow for the growth of appropriate commercial business opportunities and partnerships with the Director that will maintain and promote marine park values.
Prescriptions
4.5.4.1 The Director may grant an activity licence or lease in accordance with section 358 (2) of the EPBC Act, where prescribed by Section 4.3 (Prescriptions for activities) and subject to the prescriptions (if any) relating to the particular activity.
4.5.4.2 An activity licence or lease may be subject to conditions including but not limited to:
a) specifying the area in which, and the periods during which, the authorised activity may be carried out,
b) requiring the impacts of the authorised activity to be prevented or mitigated by specified actions developed in consultation with the Director,
c) regulating the use of or requiring the use of vessel identification and monitoring systems,
d) the provision of or consent for access to data for compliance and monitoring purposes,
e) making results of data collection, research and monitoring available to the Director (and in a specific format where relevant),
f) requiring reporting or auditing,
g) complying with other Commonwealth, state or territory laws and authorisations issued under such laws,
h) requiring, restricting, or prohibiting the use of specified gear, equipment or practices,
i) allowing for the Director or representative to board vessels, accompany tours or enter premises for the purpose of evaluating compliance with licence conditions, or
j) providing for the payment of fees.
4.5.5 Publication of authorisations
Prescription
4.5.5.1 The Director will publish on the Parks Australia website a list of all authorisations issued under this plan, which may include the name of the authorised person or class of persons, the period for which the authorisation is issued and a description of the authorised activities.
Schedule 1: South-east Marine Parks overview
Royal penguins preening at Macquarie Island
Image: Royal penguins preening at Macquarie Island (Kerry Steinberner/Australian Antarctic Division)
S1.1 South-east Network overview
Most of the marine parks of the South-east Network were proclaimed under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) in June 2007, came into effect on 1 September 2007 and were renamed on 11 October 2017. The exceptions were Macquarie Island Marine Park, which was proclaimed in October 1999, and the part of the Huon Marine Park that was the Tasmanian Seamounts Marine Reserve, which was proclaimed in May 1999. Proclamation dates for each park are provided in Section S1.3.
Throughout this section (S1.1) the parks are presented in a clockwise geographical order starting off in north-eastern Victoria, moving around Tasmania up to Cape Otway in western Victoria and across to South Australia, then to the sub-Antarctic.
Table S1.1 Overview of the South-east Network
Marine park name
Zones, IUCN categories and zone area
Marine park IUCN category
Total marine park area
East Gippsland
Multiple Use Zone (VI) 4,137 km²
VI
4,137 km²
Beagle
National Park Zone (II) 479 km²Multiple Use Zone (VI) 2,448 km²
VI
2,928 km²
Flinders
National Park Zone (II) 15,024 km²Habitat Protection Zone (IV) 10,892 km²Multiple Use Zone (VI) 1,129 km²
II
27,046 km²
Freycinet
National Park Zone (II) 56,825 km²Recreational Use Zone (IV) 323 km²Habitat Protection Zone (IV) 68 km2Multiple Use Zone (VI) 725 km²
II
57,941 km²
Huon
National Park Zone (II) 1,433 km²Multiple Use Zone (VI) 8,558 km²
VI
9,991 km²
South Tasman Rise
National Park Zone (II) 27,704 km²
II
27,704 km²
Tasman Fracture
National Park Zone (II) 22,536 km²Multiple Use Zone (VI) 19,965 km²
II
42,501 km²
Zeehan
National Park Zone (II) 18,663 km²Special Purpose Zone (VI) 301 km²Multiple Use Zone (VI) 933 km²
II
19,897 km²
Franklin
National Park Zone (II) 123 km²Multiple Use Zone (VI) 548 km²
VI
671 km²
Boags
Multiple Use Zone (VI) 537 km²
VI
537 km²
Apollo
Multiple Use Zone (VI) 1,184 km²
VI
1,184 km²
Nelson
National Park Zone (II) 6,123 km²
II
6,123 km²
Murray
National Park Zone (II) 17,168 km²Habitat Protection Zone (IV) 3,678 km²Multiple Use Zone (VI) 4,957 km²
II
25,804 km²
Macquarie Island
Sanctuary Zone (Ia) 57,137 km²National Park Zone (II) 385,133 km²Habitat Protection Zone (Macquarie) (IV) 33,196 km²
II
475,465 km²
Note: Each marine park extends from 100 m below the seabed to 3,000 m above sea level.
Note: Zone and total marine park areas are rounded to the nearest km2; therefore, the sum of areas may not equate to the total marine park or network areas in some instances.
S1.2 Key natural values of the South-east Network
Key natural values are habitats or species that are particularly important from a park management perspective due to their uniqueness, functional importance, vulnerability to pressures, biological productivity, diversity or ability to provide social and economic benefits. At the time this plan was made, 13 key natural values have been described (Table S1.2).
Note: Key natural values criteria may be updated throughout the life of this plan, and new values may be recorded as understanding of the parks continues to improve. Values information will be periodically updated on the Parks Australia website.
Table S1.2 Description of key natural values in the South-east Network
Key natural value
Park
Ecosystem
Description
Diverse sponge community on rare mesophotic reef habitat in Bass Strait
Beagle
Mesophotic rocky reefs
Mesophotic reef is a rare ecosystem in the bioregions within Bass Strait. This reef is exposed to large currents leading to high biological productivity and provides habitat for a diverse range of sponge species.
Deep-sea coral communities on Huon seamounts
Huon
Seamount reefs
The Huon seamounts, Australia’s largest known cluster of seamounts, support globally significant, diverse, and fragile deep-sea coral communities.
Basketwork eel aggregation on Patience Seamount
Huon
Seamount reefs; seamount sediments
This aggregation of basketwork eels is the only known spawning site for oceanic eels globally. Basketwork eels are apex scavengers and an important species of ecosystem functioning.
Fragile rare communities of black corals and octocorals
Flinders
Upper-slope reefs; shelf-incising canyons
The Flinders canyons and upper slope reef supports a high abundance of rare black corals and octocorals and conservation‑dependent shark species including the Harrisons dogfish and southern dogfish. The area is highly productive due to the current flowing from the Bass and Banks Straits.
Joe’s Reef
Freycinet
Mesophotic rocky reefs; rariphotic shelf reefs
This structurally complex mesophotic/rariphotic reef is covered in a diverse invertebrate fauna including sponges, gorgonian fans, mushroom corals, and rare and vulnerable tree-forming black corals. It is a unique feature within the South-east Network.
Unique fish communities associated with rare outcroppings of shelf break reefs
Freycinet and Flinders
Rariphotic shelf reefs
Shelf break reefs, a rare habitat within the typically sediment-draped shelf break, are a key habitat for striped trumpeter and blue eye trevalla.
Fish aggregation Main Matt
Tasman Fracture
Seamount reefs; seamount sediments
The large aggregation of orange roughy, oreo dories and a diverse range of deep‑sea sharks at Main Matt seamount is unique to the South-east Network. These species are likely key species for ecosystem functioning.
High biomass deep sea communities in a unique geomorphic fracture zone
Tasman Fracture
Lower-slope reefs and sediments
The Tasman Fracture Zone, an extensive ridge and trench complex in 2,000 m to 4,000 m water depth, is a unique geomorphic feature for the South-east Network. It provides habitat for a range of fauna not found elsewhere in the network, including habitat forming species such as anemones and barnacles.
Rare outcroppings of upper slope reef
Zeehan
Upper-slope reefs
The Zeehan upper slope reef is a rare reef habitat within the mud-draped slope landscape of western Tasmania. This reef is biologically diverse relative to other upper slope areas on the west coast.
Handfish are endemic to southern Australia and are predominantly found in waters around Tasmania.Handfish have been recorded in Tasman Fracture and Huon Marine Parks. Species identifications are yet to be confirmed but likely include the vulnerable Ziebell’s handfish, the pink handfish listed as Endangered under the Tasmanian Threatened Species Protection Act 1995, the warty handfish and the Australian handfish and potentially other species, some of which may be undescribed species new to science.
Golden kelp forests
Huon and Franklin
Mesophotic rocky reefs
Golden kelp forests have only been recorded in 2 marine parks in the South‑east Network. These offshore kelp forests are a rare habitat in the South-east region, where most kelp forest is associated with coastal areas or offshore islands.
Shy albatross
BoagsFranklinMurrayZeehanandTasman Fracture
On-shelf epipelagic
The endangered shy albatross is an endemic Australian seabird which breeds exclusively on 3 offshore Tasmanian Islands.Boags, Franklin and Zeehan Marine Parks are core foraging areas for early incubating shy albatross from Albatross Island. Boags, Murray and Tasman Fracture Marine Parks provide core foraging areas for post‑fledgling shy albatross from Albatross Island.
S1.3 Overview of marine parks of the South-east Network
Section S1.3 provides an overview, a summary of values, social and economic benefits and map of each marine park in the South-east Marine Parks Network (South-east Network).
Note: The summary tables in Schedule 1.3 are based on the information available at the time of making this plan. As understanding of park values improves over time these summaries may become outdated. Updated information on the marine park values will be on the Parks Australia website.
East Gippsland Marine Park
Proclaimed 28 June 2007 and came into effect on 1 September 2007
Assigned zones in park Multiple Use Zone (VI) 4,137 km²
Depth range 604 m–5,276 m
Total area 4,137 km2
Overview and summary of valuesThe East Gippsland Marine Park (Figure S1.1) is south-east of the New South Wales Victoria border at Cape Howe. The park contains deepwater ecosystems extending from the upper slope to the abyssal plain. The main seabed features include a dome-shaped plateau on the mid slope, 2 large box canyons and several large, tilted blocks.The western section of the park intersects with the offshore edge of the upwelling east of Eden, which is defined as a key ecological feature, as it is an area of high productivity. The East Australian Current brings warm subtropical water from the north and forms large eddies around Cape Howe which interact with the varied seafloor terrain, causing upwelling of cooler waters. The mixing of cool and warm water creates phytoplankton blooms that support an abundance of zooplankton, fish, marine mammals and seabirds.The park includes biologically important foraging areas for 7 species of albatross (including the endangered shy albatross; the vulnerable black browed, Campbell, Indian yellow nosed and wandering albatrosses; and the Bullers albatross), wedge-tailed shearwaters, white faced storm petrels and the pygmy blue whale.The lower slope, in depths of 2,500 m to 3,850 m, supports a diverse invertebrate fauna, including large red spiny king crab, squat lobsters, finned octopus, sea cucumbers, sea stars, sea spiders, shrimp, crinoids and sea whips, polychaetes and bivalves.The park contains habitats, species and ecological communities associated with the Southeast Transition provincial bioregion.The key ecological features represented in the park include:upwelling east of Eden.
Social and economic benefitsAt the time of making this plan, the only commercial fishery operating in the park is the Commonwealth-managed Eastern Tuna and Billfish Fishery.
Figure S1.1 is a map showing the park boundary and IUCN zoning category assigned to East Gippsland Marine Park
Figure S1.1 East Gippsland Marine Park
Beagle Marine Park
Proclaimed 28 June 2007 and came into effect on 1 September 2007
Assigned zones in park National Park Zone (II) 479 km²Multiple Use Zone (VI) 2,448 km²
Depth range 46 m–77 m
Total area 2,928 km2
Overview and summary of valuesBeagle Marine Park (Figure S1.2), in Bass Strait off Wilson’s Promontory, surrounds Tasmania’s Kent Group Marine Park and the Hogan and Curtis Island groups.The seafloor of the park was part of the Ancient Land Bridge a landscape that once connected Lutruwita/Tasmania to the mainland and was used by First Nations people before it was submerged at the end of the last glacial period about 10,000 years ago. First Nations communities hold knowledge, oral traditions, stories and songlines that connect to the times of the land bridge that have been passed down through the generations, giving unique insights into the flooding of this Country.In the centre of the park, spanning much of the distance between the Kent Group and Hogan Island Group, are mesophotic (middle-light) reefs that rise 2 m to 5 m above the seabed.They are thought to be relict coastal dunes that formed on the Ancient Land Bridge.These mesophotic reefs, which are a rare ecosystem within Bass Strait, support a sessile invertebrate assemblage comprised of bryozoans, hydroids and a high diversity of temperate sponges. Abundant and diverse fish communities are associated with these mesophotic reefs and are dominated by butterfly perch, barber perch, jackass morwong, common gurnard perch, Melbourne silverbelly, Degen’s leatherjacket, and rosy wrasse. At the time of making this plan, aggregations of many hundreds of predominantly female Port Jackson sharks have been observed in 2018 and 2024, indicating that these reef features are important for the species during winter foraging migrations to Bass Strait.Rubble fields, comprised of broken bryozoan skeletons and dead and alive scallops, occur in the centre of the park and function as reefs in the hard substrate limited environment of Bass Strait. They provide important habitat for sessile filter feeding invertebrates including bryozoans, hydroids and sponges.The shallower eastern section of the park is dominated by linear ridges less than 1 m in height that extend several kilometres. These low-profile ridges are sometimes covered by shell hash and gravel that support a diverse sessile filter feeding invertebrate community dominated by bryozoans and sponges.The deeper, south-western part of the park is sediment-dominated and contains extensive mobile dune fields less than 1 m high with patches of doughboy scallops.The park includes biologically important foraging areas for many seabirds, including 6 species of albatross (including the endangered shy albatross; the vulnerable black browed, Campbell, Indian yellow nosed and wandering albatrosses; and Bullers albatross), white faced storm petrel, common diving petrel, short-tailed shearwater and little penguin. There are also biologically important areas in the park for white shark, southern right whale and pygmyblue whale.Humpback whales and short-tailed shearwaters (mutton birds) are culturally significant species, as their seasonal movements are in songlines and dreaming for some First Nations groups.The park contains habitats, species and ecological communities associated with the Southeast Shelf Transition provincial bioregion and the Twofold Shelf and Flinders mesoscale bioregions.The key ecological features represented in the park include:shelf rocky reefs and hard substrate – includes mesophotic reefs between the Kent Group and Hogan Island Group.Two historic shipwrecks occur in the park. In the north-west of the park lies the SS Queensland an iron screw steamship which sank in 1876 after colliding with another steamer while enroute from Melbourne to China. The SS Cambridge, a British cargo ship which sank on 7 November 1940 after hitting a World War II mine, lies in the north of the park in 67 m depth. Other shipwrecks may occur in the park, as 3 other ships have been lost in the vicinity of the park but are yet to be found.
Social and economic benefitsAt the time of making this plan, one commercial tour operator held a licence for whale watching in the park and the main commercial fisheries operating in the park include:South-east Scalefish and Shark Fishery gillnet, hook and trap sector (Commonwealth managed)Tasmanian and Victorian octopus fisheriesTasmanian and Victorian rock lobster fisheriesTasmanian Scalefish FisheryVictorian Ocean General FisheryVictorian Wrasse (Ocean) FisheryVictorian Commercial Permit and Small Sales Commercial Permit Fishery.Two important commercial shipping routes to the Port of Melbourne go through the north and north-western sections of the park.