Division Div 12 - Great Australian Bight Marine Park (Commonwealth Waters) Management Plan 2005–2012 - 2 of the EPBC Regulations controls, or allows the Director to control, a range of activities in Commonwealth reserves including the use of vehicles and vessels, littering, commercial activities, commercial fishing, recreational fishing and research. Many of these activities are prohibited unless certain exemptions apply under r.12.06, for example, where the Director has issued a permit that authorises the activity, or where a management plan in force for the Commonwealth reserve allows the activity. A management plan can provide that the activity be done in accordance with a permit issued by the Director. | Zoe
Great Australian Bight Marine Park (Commonwealth Waters) Management Plan 2005–2012
Div 122 of the EPBC Regulations controls, or allows the Director to control, a range of activities in Commonwealth reserves including the use of vehicles and vessels, littering, commercial activities, commercial fishing, recreational fishing and research. Many of these activities are prohibited unless certain exemptions apply under r.12.06, for example, where the Director has issued a permit that authorises the activity, or where a management plan in force for the Commonwealth reserve allows the activity. A management plan can provide that the activity be done in accordance with a permit issued by the Director.
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Division 12.2 of the EPBC Regulations controls, or allows the Director to control, a range of activities in Commonwealth reserves including the use of vehicles and vessels, littering, commercial activities, commercial fishing, recreational fishing and research. Many of these activities are prohibited unless certain exemptions apply under r.12.06, for example, where the Director has issued a permit that authorises the activity, or where a management plan in force for the Commonwealth reserve allows the activity. A management plan can provide that the activity be done in accordance with a permit issued by the Director.
Criminal penalties may be imposed for breaches of the EPBC Regulations.
Hence, a management plan is an essential part of the effective regulation of the Park. In addition to its primary role in providing for the protection and conservation of the Park, a management plan is the only way to allow certain uses of the Park that would otherwise be prohibited by the EPBC Act, and can allow uses that would otherwise be prohibited by the EPBC Regulations.
2.4 Activities that may require additional environmental approval
Other parts of the EPBC Act may also be relevant to the management of the Park and the taking of actions in, and in relation to, the Park. The Park lies in a ‘Commonwealth marine area’ and the ‘Australian Whale Sanctuary’ for the purposes of the EPBC Act.
Firstly, actions that will or are likely to have a significant impact on matters of ‘national environmental significance’ will be subject to the assessment and approval provisions of Chapters 2 to 4 of the EPBC Act (irrespective of where the action is taken). Matters of national environmental significance are identified in Part 3 of the Act. They include the environment in a Commonwealth marine area and threatened and migratory species listed under the Act.
Responsibility for compliance with the assessment and approvals provisions of the EPBC Act lies with persons taking relevant ‘controlled’ actions. A person proposing to take an action that the person thinks may be, or is, a controlled action, should refer the proposal to the Minister for the Minister’s decision whether or not the action is a controlled action. The Director may also refer proposed actions to the Minister.
Secondly, the EPBC Act contains provisions (Part 13) that prohibit and regulate actions in relation to listed threatened species and ecological communities, listed migratory species, and listed marine species in Commonwealth areas; and in relation to cetaceans (whales and dolphins) in the Australian Whale Sanctuary established by the Act. The waters of the Park are part of the Australian Whale Sanctuary.
Appendix C to this Management Plan lists fauna species of conservation significance to the Park, including species that are protected under Part 13 of the EPBC Act.
Hence a person intending to take an action in the Park may require up to three independent types of approval under the EPBC Act:
1. approval by the Minister under Part 9 for controlled actions, which are actions that are likely to have a significant impact on matters of national environmental significance
2. a permit from the Minister under Part 13 for activities that affect members of species protected by Part 13. Approval under Part 9 removes most requirements for a permit under Part 13 but not in relation to whales or other cetaceans
3. a permit from the Director for activities covered by s.354(1) of the EPBC Act or by the EPBC Regulations; or, if the action is a mining operation conducted in accordance with the management plan, approval by the Governor-General.
2.5 Traditional use by Indigenous persons
Section 359A of the EPBC Act provides that the provisions of the Act and EPBC Regulations relating to Commonwealth reserves do not prevent an Indigenous person from continuing, in accordance with law, the traditional use of an area in a Commonwealth reserve for hunting or food-gathering (except for purposes of sale), or ceremonial and religious purposes; although the Regulations do affect the traditional Indigenous use of an area in a Commonwealth reserve if those Regulations are made for the purpose of conserving biodiversity in the area and expressly affect the traditional use of the area by Indigenous persons.
2.6 Native title
At the time of preparation of this Plan part of the Park is subject to two applications for a determination of native title under the Native Title Act 1993. Section 8 of the EPBC Act provides that the EPBC Act does not affect the operation of the Native Title Act. In cases where native title is determined to exist, s.211 of the Native Title Act has the effect of preserving certain native title rights and interests. It provides that native title holders are exempt from certain permit requirements to engage in native title activities comprising hunting, fishing, or gathering for personal, domestic or non-commercial communal needs, or to engage in cultural or spiritual activities.
Section 211 of the Native Title Act will not apply if an activity is prohibited completely or if the regulatory regime provides that the licences or permits are only to be issued for research, environmental, public health or public safety purposes. In these situations native title holders will not be able to engage in the activity at all, or will need to comply with the licence or permit requirements.
2.7 Purpose and content of a management plan
Under the EPBC Act (s.367) a management plan for a Commonwealth reserve must provide for the protection and conservation of the reserve. In particular, the plan must (so far as relevant to the Park):
assign the reserve to an IUCN category (whether or not a proclamation has assigned the reserve or a zone of the reserve to that IUCN category)
state how the reserve, or each zone of the reserve, is to be managed
state how the natural features of the reserve, or of each zone of the reserve, are to be protected and conserved
specify any limitation or prohibition on the exercise of a power, or performance of a function, under an Act in or in relation to the reserve
specify any mining operation, major excavation or other works that may be carried on in the reserve, and the conditions under which it may be carried on
specify an operation or activity that may be carried on in the reserve
indicate generally the activities that are to be prohibited or regulated in the reserve, and the means of prohibiting or regulating them
indicate how the plan takes account of Australia’s obligations under each agreement with one or more other countries that is relevant to the reserve (including the World Heritage Convention and the Ramsar Convention, if appropriate).
A management plan may divide a Commonwealth reserve into zones and assign each zone to an IUCN category. The category to which a zone is assigned may differ from the category to which the reserve is assigned (s.367(2)).
A management plan must not make any provisions that are inconsistent with the management principles for the IUCN category to which the reserve or a zone of the reserve is assigned (s.367(3)).
2.8 International agreements
This Management Plan must take account of Australia’s obligations under relevant international agreements. At the time of preparation of this Plan the following agreements are relevant to the protection and conservation of biodiversity and heritage in the Park.
United Nations Convention on the Law of the Sea (UNCLOS)
UNCLOS was made in 1982 and entered into force for Australia in 1994. It provides a framework to regulate many aspects of the uses of the sea and the conservation of marine environment. UNCLOS includes the right of innocent passage of foreign ships through the Territorial Sea, and the freedom of navigation through the Exclusive Economic Zone (EEZ).
The right of innocent passage allows foreign ships to pass through the Territorial Sea, without entering internal waters or calling at a roadstead or port facility outside internal waters, or proceeding to or from internal waters or a call at such roadstead or port facility. Passage must be continuous and expeditious, but includes stopping and anchoring in the course of ordinary navigation, or if it is necessary by force majeure or distress or to assist persons, ships or aircraft in danger or distress. Certain activities are specified as not being innocent passage including launching, landing or taking on board aircraft; wilful and serious pollution contrary to UNCLOS; fishing; research or survey activities; other activities not having a direct bearing on passage.
UNCLOS requires that foreign ships enjoying the right of innocent passage through the Territorial Sea must comply with laws relating to certain matters, including conservation of the living resources of the sea; prevention of infringement of the fisheries laws; preservation of the environment and the prevention, reduction and control of pollution of the environment; and marine scientific research and hydrographic surveys.
Within the EEZ foreign ships have rights closely associated with their rights on the high seas, including the freedom of navigation. Ships enjoying the freedom of navigation must comply with laws relating to certain matters, including marine scientific research, and protection and preservation of the marine environment.
Convention on Biological Diversity (CBD)
The CBD requires countries to develop and implement strategies for sustainable use and protection of biodiversity, including establishing protected areas. An international programme of work to protect marine and coastal biological diversity was agreed in February 2004 under the auspices of the CBD. It establishes an international agenda for protecting marine biodiversity, including establishing networks of marine and coastal protected areas. These networks can include areas that, like the Park, allow extractive uses.
Convention on the Conservation of Migratory Species of Wild Animals (CMS)
The CMS aims to conserve terrestrial, marine and avian migratory species throughout their range. It lists certain migratory species as ‘endangered’. For these species Australia is required to (among other things) conserve important habitats; deal with activities that seriously impede or prevent the migration of the species; and deal with factors that are endangering the species, including controlling introduced exotic species.
The CMS list includes species that occur in the Park, particularly the southern right whale, but also the great white shark and marine turtles (Appendix C lists species of conservation significance found in the Park).
International Convention for the Prevention of Pollution from Ships (MARPOL 73/78 Convention)
The MARPOL 73/78 Convention deals with pollution from shipping accidents such as collisions or groundings and with all types of waste generated during the normal operation of ships. It is the basis for Australian and State government regulation of pollution from all ships, including fishing vessels, in Australian waters. The International Maritime Organization, a specialised agency of the United Nations, administers this convention and related conventions.
Agreement between the Government of Australia and the Government of the People's Republic of China for the Protection of Migratory Birds and their Environment (CAMBA)
CAMBA provides for China and Australia to co-operate in the protection of migratory birds listed in the annex to the agreement, and their environment, and requires each country to take appropriate measures to preserve and enhance the environment of migratory birds (see Appendix C).
Agreement between the Government of Australia and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment (JAMBA)
JAMBA provides for Japan and Australia to cooperate in taking measures for the management and protection of migratory birds, birds in danger of extinction, and the management and protection of their environments, and requires each country to take appropriate measures to preserve and enhance the environment of birds protected under the provisions of the agreement (see Appendix C).
Agreement on the Conservation of Albatrosses and Petrels (ACAP)
ACAP provides for parties, including Australia, to conserve highly migratory, threatened seabirds over their normal range by protecting critical habitat, controlling non-native species detrimental to albatrosses and petrels, introducing measures to reduce the incidental catch of seabirds in long-line fisheries, and supporting research into the effective conservation of albatrosses and petrels (see Appendix C).
2.9 Other relevant legislation
Other legislation relevant to uses of the Park is noted in Section 6.
Note: There are no listed heritage areas or known historic shipwrecks in the Park.
3. Interpretation
3.1 Short title
This Management Plan may be cited as the Commonwealth Great Australian Bight Marine Park Management Plan 2005─2012.
3.2 Commencement and termination
This Management Plan will come into operation on 17 May 2005. The Plan will cease to have effect seven years after commencement, unless sooner revoked and replaced by a new Management Plan.
3.3 Interpretation (including acronyms)
In this Management Plan:
ACAP means the Agreement on the Conservation of Albatrosses and Petrels.
Australian IUCN reserve management principles have the meaning given by s.348(1) of the EPBC Act.
Benthic Protection Zone has the meaning given by Section 4.2(b) of this Management Plan.
CBD means the Convention on Biological Diversity.
CAMBA means the Agreement between the Government of Australia and the Government of the People’s Republic of China for the Protection of Migratory Birds and their Environment.
CMS means the Convention on the Conservation of Migratory Species of Wild Animals.
Commonwealth marine area has the meaning given by s.24 of the EPBC Act.
Commonwealth reserve means a reserve declared under Division 4 of Part 15 of the EPBC Act.
Department means the government agency responsible for administering the EPBC Act, being at the time of preparation of this Plan the Australian Government Department of the Environment and Heritage.
Director means the Director of National Parks referred to in s.514A of the EPBC Act.
EEZ means the Exclusive Economic Zone (as defined in the Seas and Submerged Lands Act 1973) of Australia (including its external Territories).
EPBC Act means the Environment Protection and Biodiversity Conservation Act 1999, including Regulations under the Act, and includes reference to any Act amending, repealing or replacing the EPBC Act.
EPBC Regulations means the Environment Protection and Biodiversity Conservation Regulations 2000 and includes reference to any Regulations amending, repealing or replacing the EPBC Regulations.
IUCN means the World Conservation Union.
IUCN category has the meaning given by s.346(1) of the EPBC Act.
JAMBA means the Agreement between the Government of Australia and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment.
KRA means Key Result Area, which is explained in Section 1.4 of this Management Plan.
Marine Mammal Protection Zone has the meaning given by Section 4.2(a) of this Management Plan.
MARPOL 73/78 Convention means the International Convention for the Prevention of Pollution from Ships.
Mining operations has the meaning given by s.355 of the EPBC Act. The term covers a broad range of activities, including exploration for ‘minerals’, also defined by s.355.
Minister means the Minister responsible for administering the EPBC Act, being at the time of preparation of this Plan the Minister for the Environment and Heritage.
Park means the Great Australian Bight Marine Park (Commonwealth Waters).
Park users means active participants with an interest in the proclamation and ongoing management of the Park including the general public, conservation groups, the fishing industry, the mining industry, the tourism industry, the scientific community and the Indigenous community.
Parks Australia means that part of the Department that assists the Director in performing the Director’s functions under the EPBC Act.
State Park means the area in the coastal waters of the State of South Australia comprising the Great Australian Bight Marine Park Whale Sanctuary proclaimed under the Fisheries Act 1982 and the Great Australian Bight Marine National Park proclaimed under the National Parks and Wildlife Act 1972.
UNCLOS means the United Nations Convention on the Law of the Sea.
Part 2 How the Park will be managed
4. Zoning and IUCN categories
Under the EPBC Act (s.367) a management plan for a Commonwealth reserve can divide the reserve into zones and must assign the reserve, and any zones, to one of the IUCN categories listed in the Act (s.347). The EPBC Regulations prescribe Australian IUCN management principles for each IUCN category. The management principles that are relevant to the Park are set out in Appendix A.
The Park is made up of two overlapping zones (see Figure 2). Directly adjacent to the South Australian Marine Park is the Marine Mammal Protection Zone that extends from three nautical miles to approximately 12 nautical miles offshore. This area is primarily intended to provide for undisturbed calving for the southern right whale and protection of Australian Sea-lion colonies.
To the west of the Head of Bight is the Benthic Protection Zone, a 20 nautical mile-wide representative strip of the ocean floor extending 200 nautical miles from the edge of the State Park (at three nautical miles) directly south to the edge of Australia’s Exclusive Economic Zone. This area aims to protect a sample of the unique and diverse plants and animals that live on, and are associated with, the ocean floor.
Prescriptions
4.1 The Park is assigned to the IUCN category ‘managed resource protected area’. This category corresponds to the international IUCN Protected Area Management Category VI and indicates that the Park will be managed mainly for the sustainable use of natural ecosystems based on the following principles:
The biological diversity and other natural values of the reserve or zone should be protected and maintained in the long term.
Management practices should be applied to ensure ecologically sustainable use of the reserve or zone.
Management of the reserve or zone should contribute to regional and national development to the extent that this is consistent with these principles.
4.2 The Park is divided into two zones as follows:
a. Marine Mammal Protection Zone, being all of that area within the Southern Ocean contained within and bounded as follows:
i. commencing at the intersection of the parallel of latitude 31 degrees 47 minutes south and the adjacent area boundary between Western Australia and South Australia;
ii. then generally north along that adjacent area boundary to its intersection with the outer limit of the coastal waters of South Australia;
iii. then generally east along the outer limit of the coastal waters of South Australia to its intersection with the parallel of latitude 31 degrees 47 minutes south; and
iv. then west along the parallel of latitude 31 degrees 47 minutes to the point of commencement.
b. Benthic Protection Zone, being all of that area within the Southern Ocean contained within and bounded as follows:
i. commencing at the intersection of the meridian of longitude 130 degrees 51 minutes 58 seconds east and the outer limit of the coastal waters of South Australia;
ii. then south along the meridian of longitude 130 degrees 51 minutes 58 seconds east to its intersection with the outer limit of the Exclusive Economic Zone;
iii. then generally northwest along the outer limit of the Exclusive Economic Zone to its intersection with the meridian of longitude 130 degrees 28 minutes 2 seconds east;
iv. then north along the meridian of longitude 130 degrees 28 minutes 2 seconds east to its intersection with the outer limit of the coastal waters of South Australia; and
View image in the official sourcev. then generally east along the outer limit of the coastal waters of South Australia to the point of commencement.
4.3 Both zones are assigned to the IUCN category ‘managed resource protected area’.
5. Natural heritage management (KRA1)
Section 5 of this Management Plan states the Director’s aims in protecting the Park’s conservation values. It sets out broad strategies for improving protection for these values. Section 6 sets out specific regulations and strategies that will help to achieve these aims during the period of operation of this Management Plan while allowing people to visit and use the Park.
5.1 Species of conservation significance
Aim: To contribute towards the protection of species of conservation significance, particularly the southern right whale (Eubalaena australis) and the Australian Sea-lion (Neophoca cinerea), by minimising human disturbance to habitats considered important to the survival of these species
Number of interactions causing southern right whale injury or death in the Park and the State Park due to direct human intervention.
Distribution and abundance of the southern right whale population in the region.
Number of interactions causing Australian Sea-lion injury or death in the Park and the State Park due to direct human intervention.
Presence and numbers of Australian Sea-lion pups at known breeding sites along the Bunda Cliffs.
Number of interactions causing injury or death to other species of conservation significance in the Park and the State Park due to direct human intervention.
This section of the Management Plan provides a long-term strategy to monitor and improve the protection afforded to species of conservation significance, especially the southern right whale and Australian Sea-lion, in the Marine Mammal Protection Zone. Section 6 of the Plan contains specific prescriptions relating to activities that can impact on habitat and thus on species in the zone (see, for example, Section 6.1.1 in relation to use of vessels). This Plan affords a high level of protection to habitat that is important for the recovery of the southern right whale and, by doing so, helps to meet Australia’s international obligations under the Convention on Migratory Species (CMS).
Section 354(1) of the EPBC Act prohibits certain actions being taken in the Park, except in accordance with this Management Plan, including actions affecting members of native species, and carrying out works. This applies to the Director as well as to park visitors and users (see Section 2.3).
A number of species that are protected under Part 13 of the EPBC Act occur in the Park (listed threatened, migratory and marine species, and cetaceans). At the time of preparation of this Plan, threatened species recovery plans under the EPBC Act are in place for the great white shark and marine turtles. Recovery plans for other listed threatened species, including the southern right whale, are in preparation and may come into effect during the period of operation of this Management Plan.
The EPBC Act promotes the conservation of biodiversity in Commonwealth waters (including the Park) by protecting listed species and communities (including listed threatened species and ecological communities, listed migratory species and listed marine species) and cetaceans (all whales, dolphins and porpoises). In Commonwealth waters including the Park, unless authorised to do so by a permit from the Minister, a person must not kill, injure, take, trade, keep, or move any member of a listed threatened species or ecological community, member of a listed migratory species, or member of a listed marine species or cetacean. In these waters it is also an offence to interfere with, or treat (divide or cut up, or extract any product from) any cetacean without a permit. A person must not take an action that has, will have, or is likely to have a significant impact on a listed threatened species or ecological community or a listed migratory species, without approval from the Minister. Finally, the Act allows the Australian Government to:
identify key threatening processes
protect critical habitat and develop a Register of Critical Habitat
regulate exports and imports of live animals and plants, wildlife specimens, and products made or derived from wildlife.
5.1.1 In consultation with affected Park users the Director will:
develop a research program with an annual review process to identify research priorities and ensure maximum management benefit from research and survey investments; and
b. provide financial support for appropriate research relevant to understanding the habitat requirements of Australian Sea-lions and southern right whales and the threats to their habitats; and
c. where appropriate, liaise with researchers investigating Australian Sea-lions, southern right whales and other species of conservation significance; and
d. consider taking, and consider issuing permits to take, actions (including actions covered by s.354(1) of the EPBC Act) to facilitate research into populations of Australian Sea-lions, southern right whales and other species of conservation significance in the Park; and
e. consider taking, and consider issuing permits to take, actions (including actions covered by s.354(1) of the EPBC Act) to facilitate and implement relevant recovery plans for listed threatened species, and threat abatement plans and wildlife conservation plans, under the Act, provided that the actions are not inconsistent with any other prescription in this Plan. Notwithstanding any other prescription in this Plan, the Director will not take, or issue permits to take, actions that would contravene a relevant recovery plan or threat abatement plan.
Note: Section 8.1.1 of this Management Plan requires the Director to regularly assess risks to the values of the Park. Section 8.4.1 states the Director will monitor the performance indicators in this Management Plan and other performance indicators that the Director may identify. Section 8.4.2 states the Director will assess the effectiveness of this Management Plan in sufficient time to contribute to the development of the next Management Plan.
5.1.2 The Director may take actions covered by s.354(1) of the EPBC Act in the Marine Mammal Protection Zone to implement the prescriptions in this Management Plan, or where it is otherwise necessary for:
preserving or protecting the Park; or
b. protecting or conserving biodiversity or heritage in the Park; or
c. protecting persons or property in the Park; or
d. managing the effects of actions taken by other persons in the Park.
5.2 Seafloor sample
Aim: To contribute towards the protection of the benthic habitat and associated ecological communities and seabed sediments characteristic of the Great Australian Bight by minimising human disturbance to the seabed in the Park
Spatial and temporal variations of benthic community structure
inside vs. outside the Park
before, during and after any operations that disturb the benthos in the region.
Number of known nationally listed exotic benthic species and extent of colonisation.
Number of infringements in the Benthic Protection Zone.
In this section, the Management Plan provides a strategy to monitor and improve the protection afforded to the seabed in the Benthic Protection Zone. Section 6 contains specific prescriptions relating to activities that can impact on species in the zone (see, for example, Section 6.4.4 in relation to trawling and the seabed).
5.2.1 In consultation with affected Park users the Director will set levels of protection for the benthic sediment and community structures in the Benthic Protection Zone. The Director will:
develop a research program with an annual review process to identify research priorities and ensure maximum management benefit from research and survey investments; and
b. consider providing financial support for research that proposes using the Benthic Protection Zone as a reference for evaluating the ecological consequences of renewable resource extraction; and
c. where appropriate, liaise with researchers investigating benthic ecology in the Great Australian Bight; and
d. consider taking, and consider issuing permits to take, actions (including actions covered by s.354(1) of the EPBC Act) to facilitate research into the benthic sediment and communities; and
e. consider taking, and consider issuing permits to take, actions (including actions covered by s.354(1) of the EPBC Act) to facilitate and implement relevant recovery plans for listed threatened species, and threat abatement plans and wildlife conservation plans, under the Act, provided that the actions are not inconsistent with any other prescription in this Plan. Notwithstanding any other prescription in this Plan, the Director will not take, or issue permits to take, actions that would contravene a relevant recovery plan or threat abatement plan.
Note: Section 8.1.1 of this Management Plan requires the Director to regularly assess risks to the values of the Park. Section 8.4.1 states the Director will monitor the performance indicators in this Management Plan and other performance indicators that the Director may identify. Section 8.4.2 states the Director will assess the effectiveness of this Management Plan in sufficient time to contribute to the development of the next Management Plan.
5.2.2 The Director may take actions covered by s.354(1) of the EPBC Act in the Benthic Protection Zone to implement the prescriptions in this Management Plan, or where it is otherwise necessary for:
preserving or protecting the Park; or
b. protecting or conserving biodiversity or heritage in the Park; or
c. protecting persons or property in the Park; or
d. managing the effects of actions taken by other persons in the Park.
6. Visitor management and Park use (KRA4)
More than one part of Section 6 may apply to the actions of a person in the Park. For example, the general access provisions in Section 6.1 will apply to a person carrying on recreational fishing in accordance with Section 6.2. Various other legal environmental protection requirements may also apply, which are generally noted in this part of the Management Plan.
6.1 Entering and using the Park generally
Aim: To protect the Park while allowing people to enter and use the Park and airspace
Number of reported breaches during closure of the Marine Mammal Protection Zone.
Number of reported interactions with species of conservation significance.
Number of permits issued and number refused.
As noted in Section 2.3, s.354 of the EPBC Act prohibits certain actions being taken in a Commonwealth reserve except in accordance with a management plan, including actions affecting native species and actions for commercial purposes.
Section 2.3 also states that Division 12.2 of the EPBC Regulations controls, or allows the Director to control, a range of activities in Commonwealth reserves. Of particular relevance to use of vessels in the Park is r.12.56 that authorises the Director to make various kinds of determinations controlling the use of vessels, including prohibiting use. To give effect to the previous management plan the Director has made a determination under r.12.56 that the Marine Mammal Protection Zone is an area where the use of vessels is prohibited from 1 May to 31 October inclusive each year. The determination is reproduced at Appendix F.
The determination and prescriptions in this Management Plan apply to Australian vessels, but are not intended to prevent foreign vessels enjoying the right of innocent passage through the territorial sea or freedom of navigation through the Exclusive Economic Zone in the Park in accordance with UNCLOS. The territorial sea extends to 12 nautical miles out to sea from the territorial sea baseline along the coast (generally the line of lowest astronomical tide). In relation to the Park the territorial sea includes most of the Marine Mammal Protection Zone. Broadly speaking, foreign vessels have the right to traverse or stop in the territorial sea, but this does not extend to carrying on certain activities, such as fishing and scientific research. However, there is little likelihood of international shipping travelling through the Marine Mammal Protection Zone as to do so would require a significant northward deviation from the main route across the Great Australian Bight.
The EPBC Regulations include other provisions that prohibit or regulate visitor and recreation activities in the Park, including:
r.12.14 – discharging waste, refuse or any noxious, offensive or polluting substance; and
r.12.15 – possession and use of firearms, spears and other devices for taking animals (including nets).
Activities that are otherwise prohibited in the Park by the EPBC Regulations will be exempt if covered by an exception prescribed by r.12.06 (1). These exceptions include an activity that:
is provided for by, and carried out in accordance with, a management plan in force for the reserve (12.06 1a); or
is authorised by a permit in force under subregulation (2) (12.06 1c); or
is carried out by a Commonwealth agency, or an agency of a State or of a self-governing Territory, and is reasonably necessary for law enforcement (12.06 1i); or
is reasonably necessary to deal with an emergency involving a serious threat to human life or property (12.06 1j); or
occurs because of an unavoidable accident, other than an accident caused by negligent or reckless behaviour (12.06 1k).
Provisions of Part 13 of the EPBC Act prohibit actions affecting members of listed threatened, migratory and marine species, and cetaceans in the Park (including causing death or injury, taking, keeping or moving) unless authorised by a permit issued by the Minister, or another exception in Part 13 applies. The Secretary of the Department must be notified of actions that are exempt, but not authorised by a permit, within seven days.