Part 13A of the EPBC Act regulates the export and import of wildlife, except cetaceans (regulated by Part 13).  Assessment of a fishery under Part 10 of the Act is a matter that is relevant to the Minister’s consideration whether operations in a fishery should be declared an approved wildlife trade operation, enabling the export of specimens taken in the fishery to be authorised by a permit under Part 13A.  At the time of preparing this Plan operations in a number of the fisheries operating in the Park were approved wildlife trade operations.  Further information is on the Department’s website (<www.deh.gov.au/biodiversity/trade-use/sources/operations/index.html>).

 

Section 6.1 of this Management Plan controls the way people can enter and use the Park generally.

 

 

 

 

 

 

 

Box 1.  Fisheries operating in the Park (2005)

 

 

 

6.4.1 Subject to Section 6.1 and the following prescriptions, commercial fishing may be carried on in the Park in accordance with:

 

1. a permit issued by the Director under the EPBC Regulations; and

 

b.                   a fishing concession granted by the Australian or South Australian governments; and

 

c.                   any determination made by the Director under r.12.34 of the Regulations.

 

Note: Commercial fishing includes incidental activities such as exploring for fish; setting and retrieving fishing equipment; taking, processing and transporting fish; disposing of unwanted fish and fish by-products into the sea; and removing fish from the Park.

 

 

 

6.4.2 The Director will issue a permit only to the holder of a fishing concession for:

 

a. a fishery listed in Box 1 in this Management Plan; or

 

b. another fishery approved by the Director based on advice from the relevant fisheries management authority.

 

6.4.3 The Director will issue a permit only after assessing an application in accordance with Part 17 of the EPBC Regulations, and only if the proposed commercial fishing activity:

 

a. is consistent with the applicable Australian IUCN reserve management principles; and

 

b. is not likely to compromise the protection of biological diversity or the Park’s conservation values, whether by itself or in combination with other natural or human influences; and

 

c. contributes to:

 

i. regional or national development; or

 

ii. understanding the marine environment and how human activities impact on it; or

 

iii. effective management of the Park.

 

6.4.4        No demersal trawling is allowed in the Park.

 

6.4.5        A person holding a permit to carry on commercial mid-water trawl fishing in the Park must ensure that no net or associated equipment being used for trawling comes into contact with the seabed or the associated bottom-dwelling fauna and flora.

 

6.4.6        The Director will monitor and assess compliance with Sections 6.4.4 and 6.4.5, including by consulting with stakeholders.  If the Director is not satisfied that compliance can be demonstrated, the Director may cancel some or all commercial trawl fishing permits. 

 

6.4.7        The Director will monitor and assess whether commercial fishing is having a negative impact on the Park’s conservation values, in particular the risk of damage due to wildlife becoming entangled in lost fishing gear, especially demersal gillnets.  If a negative impact is identified, the Director will consider making a determination under r.12.34 to address the impact.  Before making such a determination, the Director will consult with stakeholders.

 

6.4.8        Permits issued by the Director may include a condition requiring the permit holder to provide data on the commercial fishing activities carried out under the permit.  Before issuing permits that include a condition about providing data, the Director will consult with the fishing industry about the data to be provided.

 

6.4.9        The Director may develop agreements with commercial fishers to assist in monitoring threats to Park values.

 

6.4.10    The Director will consider, and may enter into, agreements with fisheries management authorities to obtain the information needed for Park management (see Section 6.4.8). 

 

6.4.11    During the life of the Plan the Director may investigate the impacts of disposing of unwanted fish by-products into the sea on Australian Sea-lions and other species.

 

 

6.5 Mining operations

 

Aim: To allow mining operations only if they are consistent with protecting the conservation values of the Park

 

Performance indicators

• Marine mammal behaviour during operations.
• Benthic community composition before, during and after operations.
• Estimated total seabed area disturbed by structures.

 

 

 

Section 355 of the EPBC Act prohibits mining operations in the Park except with the approval of the Governor-General and carried out in accordance with this Management Plan (see Section 2.3).  The definition of ‘mining operations’ in s.355 is broad.  It covers all operations or activities connected with, or incidental to, the mining or recovery of minerals or the production of material from minerals, and includes exploration. ‘Minerals’ is also given a broad meaning by s.355, ‘a naturally occurring substance or mixture of substances’.  

 

The EPBC Act does not specify any time limits or consultation requirements in relation to the Governor-General’s approval.  The Governor-General acts on the advice of the Minister given through the Executive Council.  In addition to managing the Park, the Director’s functions under the EPBC Act (s.514B) include to make recommendations to the Minister in relation to the management of the Park.  The Director endeavours to assess applications and provide advice to the Governor-General as expeditiously as possible (see flowchart summarising the mining approval process at Appendix G).

 

The environment assessment and approval provisions of the Act, and provisions of Part 13, outlined in Section 2.4 of this Management Plan, may apply to mining operations in the Park.

 

This section of the Management Plan sets out how mining operations may be carried on in the Park.  It is consistent with the findings of the review of the previous Management Plan as well as an independent report on threats to southern right whales and Australian Sea-lions in the Park and the important habitat present in the Great Australian Bight.  The report recommended continuing the moratorium on exploration and extraction in the Marine Mammal Protection Zone due to the lack of certainty about impacts (Pidcock et al. 2003).

 

The mineral most likely to be sought in the Park is petroleum, in the forms of oil and gas.  The Petroleum (Submerged Lands) Act 1967 controls petroleum exploration and extraction activities on the continental shelf beyond three nautical miles from Australia’s territorial sea baselines.  This area includes the Park.  A person carrying on activities under the Act must do so in accordance with an environment plan that has been accepted by the ‘Designated Authority’ under the Petroleum (Submerged Lands) (Management of Environment) Regulations 1999.  The Designated Authority for areas adjacent to South Australia, including the Park, is the relevant State Minister.  An environment plan will only be accepted by a designated authority if there are reasonable grounds for believing that the plan:

 

• is appropriate for the nature and scale of the activity

 

• demonstrates that the environmental effects and risks of the activity will be reduced to as low as reasonably practicable

 

• demonstrates that the environmental effects and risks of the activity will be of an acceptable level

 

• provides for appropriate environmental performance objectives, environmental performance standards and measurement criteria

 

• includes an appropriate implementation strategy and monitoring, recording and reporting arrangements

 

• complies with the EPBC Act and the EPBC Regulations.

 

The Petroleum (Submerged Lands) Act also includes specific requirements for preventing the escape of petroleum and waste and maintaining insurance against expenses of complying with directions with respect to the clean-up or other remedying of the effects of the escape of petroleum.

 

The Offshore Minerals Act 1994 controls exploration for, and the extraction of, minerals other than petroleum in the same area that the Petroleum (Submerged Lands) Act applies to.

 

The Sea Installations Act 1987 regulates the installation of structures in sea areas that include the Park. A person who wishes to install structures may require a permit or an exemption certificate from the Minister.

 

The Environment Protection (Sea Dumping) Act 1981 regulates the disposal of material at sea.  It does not regulate material generated through mining.  However, a person who wishes to dispose of a vessel or platform at sea may require a permit from the Minister.

 

Mining operations should also be undertaken in accordance with the Guidelines on the Application of the EPBC Act to Interactions between Offshore Seismic Operations and Larger Cetaceans (Department of the Environment and Heritage 2004).

 

Additional legislation relevant to marine pollution is listed in Section 6.1 of this Management Plan.

 

Section 6.1 controls the way people can enter and pass through the Park.

View image in the official source

 

 

 

6.5.1 All mining operations are prohibited in the Marine Mammal Protection Zone.

 

6.5.2        Subject to the following prescriptions, mining operations may be carried on in the Benthic Protection Zone in accordance with approval from the Governor-General, applicable provisions of other Parts of the EPBC Act, the Petroleum (Submerged Lands) Act 1967 and Offshore Minerals Act 1994, and other applicable laws.

 

Note: This does not authorise mining operations in the area of overlap with the Marine Mammal Protection Zone.  Section 6.5.1 applies.

 

6.5.3 The environmental impacts of proposed mining operations in the Benthic Protection Zone must be assessed before consideration by the Minister whether to recommend to the Governor-General that the operations be approved.  This assessment must include determining if the operations are likely to compromise the protection of biological diversity or the Park’s conservation values, whether alone or in combination with other natural or human influences.

 

6.5.4 A person who proposes to carry on a mining operation in the Park (‘the proponent’) must provide the Director with a written proposal for the operation which must include the following information:

 

1. the nature and objectives of the proposed operation; and

 

b.      the method and means to be used, including the name, tonnage, type and class of any vessels to be used, and a description of any other equipment to be used in the Park; and

 

c.       the precise geographical areas in which the operation is proposed to be carried on; and

 

d.      the expected dates of first entrance to the Park and final departure from the Park of the vessels, or deployment of equipment in the Park and its removal from the Park, as appropriate; and

 

e.       whether the proposed operation has been referred to the Minister under s.68 of the EPBC Act for a decision whether or not the operation is a controlled action for the purposes of the Act; and

 

f.        if the proposed operation has been referred, the outcome of that process; and

 

g.      an explanation of why the proposed action cannot be carried on outside the Park; and

 

h.      measures proposed to be taken to protect the values of the Park; and

 

i.        the potential for the proposed operation, whether by itself or in combination with other human or natural influences, to damage the conservation values of the Park or interfere with other users of the Park; and

 

j.        whether the proposed operation has any potential environmental impacts on the State waters and coastline adjacent to the Park; and

 

k.      how the impacts of the operation on the values of the Park will be monitored; and

 

l.        the circumstances in which the operation would be suspended or ceased, and any other measures that person will take, in order to protect the values of the Park; and

 

m.    the environmental record of the proponent, particularly in relation to activities similar to the proposed operation; and

 

n.      any additional information requested by the Director for the purposes of advising the Minister about the proposal.

 

6.5.5 If a proposed mining operation has not been referred to the Minister by the proponent under s.68 of the EPBC Act for a decision whether or not the operation is a controlled action for the purposes of the Act, the Director will consider and decide whether to refer the operation under s.71 of the Act.

 

6.5.6 The Director will, after receiving the proponent’s proposal:

 

1. consult with the Steering and Consultative Committees, referred to in Sections 7.2 and 7.3 of this Plan, about the proposed operation; and

 

b.      if considered necessary by the Director, establish an Assessment Panel including:

 

1. representatives of Australian Government agencies with administrative responsibilities relevant to assessing the proposal; and

 

ii.            if considered necessary by the Director, an independent adviser with relevant technical expertise; and

View image in the official source

c.       assess the proposal with the assistance of any Assessment Panel established under paragraph b; and

 

d.      provide advice to the Minister on the proposal including:

 

1. the likely impacts of the proposed operation on biological diversity or the Park’s conservation values; and

 

ii.            whether the proposed operation should be approved; and

 

e.       take into account in developing advice for the Minister the outcomes of any referral and any assessment of the proposed operation under Part 7 and Part 8 of the EPBC Act.

 

6.5.7 The Director will notify the proponent whether the Governor-General has approved the proposed operation. 

 

7.      Stakeholders and partnerships (KRA5)

 

 

7.1 Service Level Agreement between Australian and South Australian governments

 

Performance indicator

• Annual Business Agreement signed each financial year and operates effectively.

 

The Australian and South Australian governments have a Service Level Agreement that facilitates cooperation in managing complementary marine protected areas.  Under this agreement, each year the Australian Government provides funding to the South Australian Government in return for management services.  The vehicle for providing the funding is called an Annual Business Agreement.

 

 

Prescription

 

7.1.1 The Director will continue to cooperate with the South Australian Government and other stakeholders in managing the Park.

 

 

7.2 Steering Committee

 

At the time of preparation of this Plan, a Steering Committee of Australian and South Australian government agencies guides the day-to-day management of the Great Australian Bight Marine Park.  However, the Director retains direct control of the Great Australian Bight Marine Park (Commonwealth Waters).

 

At the time of preparation of this Plan, the committee consists of representatives from the following agencies:

• Australian Government Department of the Environment and Heritage
• South Australian Department for Environment and Heritage
• Primary Industries and Resources South Australia
• District Council of Ceduna
• South Australian Tourism Commission
• Australian Fisheries Management Authority

 

 

7.3 Consultative Committee

 

At the time of preparation of this Plan, a non-government Consultative Committee advises the Australian and South Australian governments about management of the Great Australian Bight Marine Park.  The Consultative Committee represents general community interests, Indigenous interests, commercial interests and scientific interests in the Park and the State Park.  It is intended to broaden the Consultative Committee to include representatives of the petroleum industry. 

 

 

7.4 Other stakeholders

 

At the time of preparation of this Plan, the Director consults a range of other stakeholders whose interests are affected by Park management.  The Director is committed to maintaining effective working relationships with representatives of coastal Indigenous communities of the far west of South Australia.  The Director has ongoing relationships with the following specialist service providers:

 

• Eubalaena Pty Ltd has carried out research on southern right whales at the Head of Bight since 1991.

 

• CSIRO Marine Research, Geoscience Australia and the South Australian Research and Development Institute have provided advice, surveys and analyses relevant to protecting the benthic habitats in the Park.

 

• The Department of Defence and the National Marine Unit of the Australian Customs Service have provided aerial and surface surveillance in the Park through Coastwatch.

 

• The South Australian Museum has provided advice and data on species of conservation significance found in the Park.

 

8.      Business management (KRA6)

 

 

8.1        Implementation of this Management Plan

 

Aim: To ensure management of the Park is in accordance with the Management Plan and relevant Australian Government policies

 

Performance indicator

• Level of implementation of prescriptions in this Management Plan.

 

 

It is the function of the Director under the EPBC Act (s.514B) to ‘administer, manage and control’ Commonwealth reserves.  Personnel of the Department assist the Director in the performance of the Director’s functions.  The Director has delegated functions and powers under the EPBC Act and the EPBC Regulations to some of these people.  Among other things, the Director requires that any risks to the values and effective management of a Commonwealth reserve be assessed regularly.

 

 

Prescription

 

8.1.1        The Director will regularly assess risks to the values and effective management of the Park.

 

 

8.2 Communicating Park values

 

Aim: To enhance public and user awareness of the Park’s values

 

• Range, type and quantity of interpretive material made publicly available.
• Effective promotion of the Park through relevant public fora.

 

 

8.2.1        The Director will update and disseminate interpretive material about the Park.

 

8.2.2 The Director will present information about the Park to Park users and other interested people in appropriate fora, including showcasing the Park as an example of a sustainable use marine protected area.

 

 

 

 

8.3 Compliance and enforcement

 

Aim: To encourage users and visitors to comply with the EPBC Act, EPBC Regulations and this Management Plan

 

• Proportion of reported incidents that are investigated.
• Trends in reports of non-compliance.

 

 

 

The Director requires Park management staff to assess and manage compliance risks with the aim of achieving compliance using education and an escalating range of enforcement sanctions.  This compliance regime will be based on the Department’s Compliance and Enforcement Policy and Strategy, and the Parks Australia Compliance and Enforcement Manual, and will use the Park’s Compliance and Enforcement Plan.

 

Civil and criminal penalties apply to breaches of the EPBC Act and EPBC Regulations.  Of particular relevance to the Park, civil penalties apply to contraventions of s.354 of the EPBC Act, including actions that contravene this Management Plan, and criminal penalties apply to contraventions of Part 12 of the EPBC Regulations and to contravening a permit condition.

 

Under the EPBC Regulations the Director can vary permit conditions.  If permit conditions are breached the Director may suspend or cancel a permit.

 

The Minister can appoint rangers, wardens and inspectors under the Act.  People who can be appointed include staff of the Department, and officers or employees of other Commonwealth, State or Territory agencies.  Inspectors and wardens have wide powers for enforcing the Act and Regulations relevant to managing the Park.  All members and special members of the Australian Federal Police are ex officio wardens. South Australian officers have been appointed as wardens under the EPBC Act.

 

The Department has agreements with Coastwatch and the National Marine Unit (both part of the Australian Customs Service) for the provision of surveillance services in marine protected areas.

 

 

 

8.3.1 The Director will regularly assess compliance risks.

 

8.3.2 The Director will provide Park users with information about the restrictions on activities in the Park focussing on identified compliance risks.

 

8.3.3        The Director will plan and carry out surveillance of the Park focussing on identified risks, and where possible, in cooperation with other agencies.

 

8.3.4        The Department will organise training and appointment of wardens in adequate numbers to support compliance and enforcement activities.

 

8.3.5        The Director will regularly review the Park's Compliance and Enforcement Plan.

 

 

8.4 Performance assessment

 

Aim: To monitor progress in implementing this Management Plan in a way that contributes to an assessment of the effectiveness of Park management

 

Performance indicator

• Assessment of this Management Plan to contribute to the development of the next Management Plan.

 

 

 

Parks Australia has developed a park management performance assessment framework that identifies clear outcomes for the agency and, consequently, for individual parks and reserves (see Section 1.4).  

 

 

 

8.4.1 The Director will monitor the performance indicators in this Management Plan and other performance indicators that the Director may identify.

 

8.4.2 The Director will assess the effectiveness of this Management Plan in sufficient time to contribute to the development of the next Management Plan.

 

Further reading and appendices

 

The following publications are referred to in this Management Plan:

 

Department of the Environment and Heritage (2004).  Guidelines on the Application of the Environment Protection and Biodiversity Conservation Act to Interactions Between Offshore Seismic Operations and Larger Cetaceans.  Commonwealth of Australia. www.deh.gov.au/epbc/assessmentsapprovals/guidelines/seismic/index.html.

 

Pidcock S., Burton C. and Lunney M. (2003).  The potential sensitivity of marine mammals to mining and exploration in the Great Australian Bight Marine Park Marine Mammal Protection Zone. An independent review and risk assessment report to Environment Australia.  Commonwealth of Australia. www.deh.gov.au/coasts/mpa/gab/sensitivity/index.html.

 

Further information including a description of the values and uses of both the Commonwealth and South Australian State components of the Great Australian Bight Marine Park can be found at www.deh.gov.au/coasts/mpa/gab.

 

 

 

 

 

 

Appendix A.  Australian IUCN reserve management principles (extract)

 

 

Environment Protection and Biodiversity Conservation Regulations 2000