52Simplified outline of this Part

52  Simplified outline of this Part

Part III of the BBNJ Agreement provides for the establishment of area‑based management tools. An area‑based management tool contains measures, such as the establishment of a marine protected area, for managing a specific area beyond national jurisdiction with the aim of achieving conservation and sustainable use objectives.

This Part sets out the process for giving effect to a decision under the BBNJ Agreement to establish an area‑based management tool in relation to an area beyond national jurisdiction. However, this Part does not apply in relation to:

 (a) an area in Antarctica; or

 (b) the area to which the Convention on the Conservation of Antarctic Marine Living Resources applies.

If Australia does not object to the decision, the Minister must:

 (a) declare the area as a specially managed area; and

 (b) determine a plan (called a special management plan) for managing the area that is consistent with the area‑based management tool.

If Australia objects to the decision, and there is no equivalent Australian law in force that applies to the area, the Minister must determine alternative measures for managing the area that are equivalent in effect to the area‑based management tool.

An Australian entity that contravenes a special management plan or an alternative measure may be subject to civil or criminal penalties.