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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
This Management Plan sets the rules for the Commonwealth part of Ningaloo Marine Park under the Environment Protection and Biodiversity Conservation Act 1999. It assigns the area to IUCN Category II, continues a conservation-first regime that prohibits mining and commercial fishing in Commonwealth waters, allows regulated recreational fishing and tourism (permits and Director determinations apply), and delegates day‑to‑day management to CALM with Fisheries responsible for fisheries enforcement. It matters because operators and visitors must follow permit, assessment and enforcement processes that protect specified ecological, cultural and recreational values.
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Direct links to the current provisions in Ningaloo Marine Park (Commonwealth Waters) Management Plan 2002.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
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NINGALOO MARINE PARK (COMMONWEALTH WATERS)
MANAGEMENT PLAN
Environment Australia
2002
This is the second Management Plan for Ningaloo Marine Park (Commonwealth Waters)
Foreword
Ningaloo Marine Park consists of Ningaloo Marine Park (Commonwealth Waters) and Ningaloo Marine Park (State Waters). Ningaloo Marine Park (Commonwealth Waters) was declared by proclamation under the National Parks and Wildlife Conservation Act 1975 (NPWC Act) on 7 May 1987. The boundaries were amended to include the second stage of the Park by proclamation on 21 July 1992. Environment Australia is the Commonwealth’s managing authority for the Marine Park. Ningaloo Marine Park (State Waters), also declared in 1987, is managed by the Western Australian Department of Conservation and Land Management (CALM) and the Western Australian Department of Fisheries (Fisheries). By arrangement CALM carries out the day-to-day management of the Commonwealth waters component with Fisheries responsible for all matters relating to fishing including compliance and enforcement.
In December 1998, the Commonwealth Government launched Australia’s Oceans Policy with a commitment to integrated and ecosystem-based planning and management. Delivery of the National Representative System of Marine Protected Areas (NRSMPA) is a major focus of the Oceans Policy.
Ningaloo Marine Park is part of the NRSMPA. The primary goal of the NRSMPA is to establish and manage a comprehensive, adequate and representative system of marine protected areas, to contribute to the long-term ecological viability of marine systems, to maintain ecological processes and to protect Australia’s biological diversity at all levels. Marine protected areas within the NRSMPA have been established especially for the conservation of biodiversity and have a secure status.
This is the second Management Plan for Ningaloo Marine Park (Commonwealth Waters). On 16 July 2000, the NPWC Act, under which Ningaloo Marine Park (Commonwealth Waters) was proclaimed, was replaced by the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The second Management Plan for the Marine Park will operate under the EPBC Act and the Regulations made under the Act (EPBC Regulations) will apply, in accordance with the Plan.
This Plan has been prepared in accordance with the EPBC Act and provides for the protection and conservation of the Marine Park. It sets out strategic objectives, management goals and management strategies to ensure that the natural, social and cultural values of the area receive an appropriate level of protection. As required by the EPBC Act, the Plan assigns an IUCN category to the Marine Park, and indicates the activities that may be carried on and those that are to be prohibited or regulated in the Marine Park.
The objectives, goals and strategies of this Management Plan are intended to complement the management regime developed by the Western Australian Government for the Marine Park. Where the Plan uses the term “Commonwealth waters”, this refers to the Commonwealth waters of Ningaloo Marine Park.
The second Management Plan provides for Ningaloo Marine Park (Commonwealth Waters) to be managed as an IUCN Category II Reserve (National Park) according to the Australian IUCN reserve management principles set out in the EPBC Regulations.
The management planning for Ningaloo Marine Park (Commonwealth Waters) is designed to conform to the Australian and New Zealand Environment and Conservation Council’s (ANZECC) 1997 guidelines, Best Practice in Natural Resource Management and Performance Standards, with an emphasis on strategic objectives, goals, management strategies, performance measures, targets and monitoring. The performance assessment framework will also generally follow that set out in the Strategic Plan of Action for the National Representative System of Marine Protected Areas: A Guide for Action by Australian Governments (ANZECC 1999).
Because the Management Plan is a legal document intended to be in force for seven years, it will not include detailed performance measures, targets and monitoring regimes. This will allow for the development and review of the performance assessment program, and allow for changes in management to occur during the life of the Plan, provided those changes are consistent with the Plan. The Plan itself may only be altered following the same statutory and consultative processes used in its preparation.
Conall O’Connell
First Assistant Secretary
Marine and Water Division
Delegate of the Director of National Parks
Environment Australia
GPO Box 787
Canberra ACT 2601
Environment Australia is grateful to those individuals and organisations that assisted in the drafting of this Plan, in particular CALM and Fisheries. Le Provost Dames and Moore prepared a literature review to provide background information for the preparation of the Plan and to inform management. Much of the descriptive section of the Plan has been drawn from this report.
The contribution of individuals and groups that provided initial submissions, information and assistance during the preparation of the Plan is acknowledged. Contents
Foreword.........................................................
Acknowledgments..................................................
Contents..........................................................
List of Abbreviations
Summary.........................................................
2. Management Framework.........................................
2.1 National and International Context....................................
2.2 Legislative Context................................................
2.3 Management of Ningaloo Marine Park (Commonwealth Waters)............
4. Ningaloo Marine Park (Commonwealth Waters) – A Description.......
4.1 Ningaloo Marine Park..............................................
4.2 Climate.........................................................
4.3 Oceanography....................................................
4.4 Bathymetry......................................................
4.5 Geology and Geomorphology........................................
4.6 Biogeography....................................................
4.7 Marine Habitats..................................................
4.8 Marine Flora and Fauna............................................
4.9 Rare, Vulnerable and Endangered Marine Species........................
4.10 History........................................................
4.11 Major Human Uses..............................................
5.1 Commercial and Recreational Fishing
5.2 Petroleum and Mineral Exploration and Production
5.3 Tourism
5.4 Pollution
5.5 Introduced Species
5.6 Commercial shipping..............................................
5.7 Aircraft.........................................................
6. Managing Ningaloo Marine Park (Commonwealth Waters).............
6.1 Conservation of Biodiversity
6.2 Commercial Fishing
6.3 Recreational Fishing (including charter fishing)
6.4 Petroleum and Mineral Exploration and Production
6.5 Tourism
6.6 Commercial Shipping
6.7 Pollution
6.8 Other Commercial Activities
6.9 Indigenous and Non-indigenous Culture
6.10 Education
6.11 Research
6.12 Compliance and Enforcement......................................
6.13 Stakeholder and Community Liaison................................
7. Reviewing This Plan.............................................
7.1 Performance Assessment
7.2 Reviewing the Plan
8. Bibliography....................................................
Attachment 1: Information on Figures....................................
Attachment 2a: Proclamation of Ningaloo Marine Park (Commonwealth Waters) Stage 1 (Commonwealth of Australia Gazette No. GN 3).......
Attachment 2b: Proclamation of Ningaloo Marine Park (Commonwealth Waters) Stage 2 (Commonwealth of Australia Gazette No. GN 31).......
Attachment 3: Summary of IUCN Guidelines for Protected Area Management Categories......
Attachment 4: Extract from Schedule 8 Environment Protection and Biodiversity Conservation Act 1999: Australian IUCN reserve management principles
Attachment 5: Commonwealth legislation relevant to Ningaloo Marine Park (Commonwealth Waters)......
Attachment 6: Whales and Dolphins found in Ningaloo Marine Park (Commonwealth Waters)......
Attachment 7: Seabirds found in Ningaloo Marine Park (Commonwealth Waters).
Attachment 8: Commonwealth endangered and vulnerable species.............
Attachment 9: Marine fauna listed under Western Australian endangered species legislation......
Attachment 10: Marine fauna listed under international agreements............
Figures
1: Location and Boundaries of Ningaloo Marine Park 14
2: Gross Circulation in the Eastern Indian Ocean 24
3: Major Currents in the Vicinity of Ningaloo Marine Park 25
4: Bathymetry 28
The following abbreviations apply to terms used in the Management Plan.
| AFMA | Australian Fisheries Management Authority |
|---|---|
| AEEZ | Australian Exclusive Economic Zone |
| AGSO | Australian Geological Survey Organisation |
| AMSA | Australian Maritime Safety Authority |
| ANZECC | Australian and New Zealand Environment and Conservation Council |
| CALM | WA Department of Conservation and Land Management |
| CAMBA | 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. (China Australia Migratory Birds Agreement) |
| CITES | Convention on International Trade in Endangered Species of Wild Fauna and Flora |
| Commonwealth waters | Ningaloo Marine Park (Commonwealth Waters) |
| DISR | Department of Industry, Science and Resources |
| Director | Director of National Parks (Commonwealth) |
| EPBC Act | Environment Protection and Biodiversity Conservation Act 1999 |
| EPBC Regulations | Environment Protection and Biodiversity Conservation Regulations and any other regulations made under the EPBC Act |
| Fisheries | Western Australian Department of Fisheries |
| IMCRA | Interim Marine and Coastal Regionalisation for Australia |
| IUCN | World Conservation Union (previously International Union for the Conservation of Nature and Natural Resources) |
| JAMBA | Agreement between the Government of Japan and the Government of Australia for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment. (Japan Australia Migratory Birds Agreement) |
| MARPOL | International Convention for the Prevention of Pollution from Ships 1973, as amended by the Protocol of 1978 |
| Ningaloo Marine Park | Commonwealth waters and State waters collectively |
| NPWC Act | National Parks and Wildlife Conservation Act 1975 |
| NRSMPA | National Representative System of Marine Protected Areas |
| Ramsar | Convention on Wetlands of International Importance Especially as Waterfowl Habitat |
| State waters | Ningaloo Marine Park (State Waters) |
| UNEP | United Nations Environment Program |
| WDTF | Western Deepwater Trawl Fishery |
| WTBF | Western Tuna and Billfish Fishery |
Ningaloo Marine Park is located along the coast of Western Australia, stretching for about 260 km northwards, from just below the Tropic of Capricorn. The Marine Park includes both State and Commonwealth waters. It encompasses representative habitats of a large marine ecosystem from the shoreline to the edge of the continental slope. Ningaloo Reef, in the State waters, is one of the longest fringing barrier reefs in the world.
The Marine Park, including Ningaloo Reef, provides habitat for a diverse range of marine species. For example, over 200 species of coral, 600 species of mollusc and 500 species of fish have been recorded. The Marine Park is also noted for its large marine fauna including seasonal aggregations of the world’s largest fish, the whale shark; large pelagic fish including tuna and billfish; whales and dolphins; marine turtles; and dugongs. It is visited regularly by migratory birds listed on international agreements to which Australia is a signatory.
Ningaloo Marine Park has a cultural heritage of national significance. The coastal environments contain evidence of a long association with and use of the resources of the marine environment by Indigenous people for over 30,000 years. The Marine Park is also gaining an international reputation for nature-based tourism.
Ningaloo Marine Park consists of Ningaloo Marine Park (Commonwealth Waters) and Ningaloo Marine Park (State Waters), declared under Commonwealth and Western Australian legislation, but managed so far as possible as a single unit by Environment Australia, the Western Australian Department of Conservation and Land Management (CALM) and the Western Australia Department of Fisheries (Fisheries). The day-to-day management of the Commonwealth waters is carried out by CALM, with Fisheries responsible for all matters relating to fishing.
While Ningaloo Marine Park is generally managed as one unit, this does not mean that uniform provisions cover the whole Marine Park as some parts are managed under different regimes. The State waters include Sanctuary, Recreation and General Use Zones while the Commonwealth waters are managed as a single whole with similar provisions to the Recreation Zone of the State waters.
Ningaloo Marine Park (Commonwealth Waters) is managed predominantly for conservation, recreation, science and education. Consistent with these strategic objectives, and recognising the exclusion of commercial extraction of resources, Ningaloo Marine Park (Commonwealth Waters) is to be managed as an IUCN Category II - National Park: Protected Area Managed Mainly for Ecosystem Conservation and Recreation.
This Management Plan identifies the major existing and potential pressures on the ecological, social and cultural values of the Commonwealth waters of Ningaloo Marine Park. These are pollution; aspects of commercial and recreational fishing and tourism; introduced species; petroleum and mineral exploration and production; and commercial shipping.
The Plan specifies the management goals and strategies for Ningaloo Marine Park (Commonwealth Waters). The goals relate to the strategic objectives of the Marine Park which are:
Conservation
To maintain the marine biodiversity of the Marine Park; and
To maintain key ecological processes and life support systems.
Recreation
Science and Education
National System
Compliance monitoring and enforcement of the provisions of this Management Plan and the Regulations to the EPBC Act will be carried out by CALM and Fisheries.
This Management Plan will operate for seven years (unless revoked or amended soon
This is an opening excerpt, not the complete document.