Proclamation - Tasman Fracture Marine Park

The instrument relies on several technical and legal concepts that are essential for interpreting the boundaries. Coastal waters are defined by reference to the Coastal Waters (State Powers) Act 1980 and the Coastal Waters (Northern Territory Powers) Act 1980. These are waters within three nautical miles of the territorial sea baseline. The marine park expressly excludes all coastal waters in relation to Tasmania, so the park begins at the seaward limit of those waters. This means the park does not apply to any waters inshore of that line, and state jurisdiction (Tasmania) continues over those waters, seabed and subsoil. The exclusive economic zone (EEZ) is declared under the Seas and Submerged Lands Act 1973 in accordance with UNCLOS. The park’s outer boundary in Part 3 (Special Purpose Area Zone) runs along the EEZ outer limit from longitude 145°1′54″ east westward to longitude 144° east. The EEZ boundary is not defined by a constant latitude but follows the general westerly direction of the proclaimed EEZ line. The coordinate system is GDA94, the standard Australian geodetic datum in use at the time of the declaration. All coordinates are given in degrees, minutes and seconds of latitude and south, longitude and east. Some points are described as “approximate” where they intersect the coastal waters boundary (e.g., Part 2(i) at “approximate latitude 43 degrees 43 minutes south”). The marine park is divided into zones with IUCN categories: a Sanctuary Area Zone (Category Ia - Strict Nature Reserve) and two zones (Special Purpose Area Zone and Multiple Use Area Zone) both classified as Category VI - Managed Resource Protected Area. The IUCN category labels indicate the intended management objective, but the instrument does not incorporate the IUCN guidelines or definitions. The legal effect of each zone depends entirely on the EPBC Regulations and any management plan made under the EPBC Act. Boundaries are defined using geodesic lines between some points (e.g., Part 2(iii) to (vi)), not rhumb lines, which affects how the boundary is plotted on nautical charts.

The declaration directly affects anyone conducting activities in the waters off south‑west Tasmania between approximately 43°24′ south and the EEZ limit, and between 144° east and 146°36′ east, seaward of the three‑nautical‑mile coastal waters line. This includes commercial fishers who operate in the Southern Ocean, particularly those targeting species such as orange roughy, deep‑water flathead or gemfish. The zoning matters a great deal: within the Sanctuary Area Zone (Part 2) all extractive activities are effectively prohibited under EPBC Regulations, whereas the two IUCN Category VI zones may permit regulated fishing, though still subject to approval. Recreational fishers and charter boat operators who venture beyond coastal waters into the park are also affected; they must avoid the Sanctuary Zone unless they hold a non‑extractive permit. Scientific research vessels seeking to sample or deploy equipment in the Sanctuary Zone will need a permit from the Director of National Parks. Shipping and navigation is generally allowed through the park, but anchoring, discharge, or seabed disturbance may be restricted depending on zone. Oil and gas exploration companies and seabed miners are effectively excluded from any extractive activity in the park, as even the Category VI zones are managed resource protected areas under Commonwealth law; no mining is permitted without an EPBC Act approval that would almost certainly be refused. The exclusion of coastal waters means the Tasmanian state government retains jurisdiction over a narrow strip of water immediately adjacent to the coast. This can create confusion for operators who straddle the state‑Commonwealth boundary. Foreign fishing vessels are affected because the park extends into the EEZ; foreign vessels cannot fish there at all, and transit is subject to other laws. The declaration thus imposes a significant regulatory overlay on a large area of ocean that was previously subject only to general fisheries and shipping laws.

The instrument itself imposes no duties and confers no rights. It is a spatial declaration only. The duties and rights that attach to the area arise from the EPBC Act and the EPBC Regulations. Under the EPBC Act, a person must not take an action that has, will have, or is likely to have a significant impact on the environment without approval if the action is in a Commonwealth marine park. The EPBC Regulations (particularly Part 12, Division 12.2) prescribe specific prohibitions for Commonwealth marine reserves. In a Sanctuary Area Zone (IUCN Ia) , the default prohibition is on all extractive uses, including fishing, mining, collecting, and discharge of waste. Entry for non‑extractive purposes such as passage or research may be permitted but only under a permit issued by the Director of National Parks. In Special Purpose Area Zones and Multiple Use Area Zones (both IUCN VI) , the regulations allow certain activities consistent with the managed resource objective, but still require approval for any action that will have a significant impact. Fishing may be allowed if it complies with a management plan or is authorised under a fishery accredited under the EPBC Act. The right to navigate through the park is generally preserved under UNCLOS and the EPBC Act, but anchoring, discharging, or using fishing gear may be restricted. There is no private right of access that overrides the prohibitions; all access is conditional on compliance with the regulations. The Director of National Parks has the right to grant or refuse permits, to impose conditions, and to revoke permits. The instrument does not create any public right of use or any property right; the park is a form of Commonwealth‑held sovereign land and water. Operators have a duty to know the zone boundaries and ensure their activities do not contravene the applicable prohibitions.

The declaration does not specify penalties. Enforcement is governed by the EPBC Act. Under section 12A of that Act, a person who takes an action in a Commonwealth marine park without approval, or in breach of a condition, commits an offence. The maximum penalty for an individual is 500 penalty units (currently $110,000) or imprisonment for five years, or both. For a body corporate, the penalty can be up to 10 times that amount. Civil penalties also apply, with maximums of up to 5,000 penalty units for corporations. The EPBC Regulations create additional strict liability offences for specific activities such as fishing in a sanctuary zone, with penalties typically in the range of 50 to 100 penalty units. Enforcement is carried out by officers appointed under the EPBC Act, including officers of the Australian Fisheries Management Authority, the Australian Border Force and Parks Australia. They have powers to board vessels, inspect documents, search and seize evidence, and detain persons. Infringement notices can be issued for minor breaches. The instrument’s precise coordinates are crucial for enforcement: a prosecution must prove beyond reasonable doubt that the activity occurred within the defined boundaries using GDA94. Discrepancies between GPS datum and the declared datum could be a defence, so a prosecutor must have evidence of correct positioning. The exclusion of coastal waters also creates a jurisdictional boundary; state authorities (Tasmania Police, Tasmanian Parks and Wildlife Service) enforce state laws inside the three‑nautical‑mile limit, while Commonwealth officers enforce the park regulations seaward of that line. The precise boundary between state and Commonwealth jurisdiction at the coastal waters limit is defined only approximately in the declaration (e.g., “approximate latitude 43 degrees 43 minutes south”), which could cause ambiguity in enforcement.

The marine park declaration sits within a web of Commonwealth and state legislation. Its primary interaction is with the EPBC Act, under which it was likely declared (section 344 of the EPBC Act provides for the declaration of Commonwealth marine reserves). The EPBC Regulations Part 12 set out the binding rules for each zone. The offshore petroleum and minerals regime under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 and the Offshore Minerals Act 1994 is overridden by the marine park declaration for the area within the park; no petroleum title can be granted or exercised in a Commonwealth marine park unless the relevant Minister determines it will not adversely affect the park. The fisheries regime under the Fisheries Management Act 1991 interacts because fishing in a Commonwealth marine park requires both a fishing concession and a permit under the EPBC Act or accreditation of the fishery as a wildlife trade operation. The exclusion of coastal waters means Tasmanian state laws (such as the Living Marine Resources Management Act 1995 (Tas)) apply inside the three‑nautical‑mile limit. This creates a boundary that fishers, especially rock lobster and abalone fishers, must navigate carefully. The Navigation Act 2012 and Marine Safety (Domestic Commercial Vessel) National Law Act 2012 continue to apply to vessels in the park, but discharge of ballast water, garbage, or sewage is further restricted by the park regulations. The declaration does not affect the operation of the Seas and Submerged Lands Act 1973, which established the baseline for the coastal waters and the EEZ. International law under UNCLOS governs the right of innocent passage through the EEZ and territorial sea; the park regulations must be consistent with that right. The park’s Sanctuary Zone is likely to be regarded as a no‑take area, which may affect any future Tasmanian salmon farming expansion because the park abuts state waters and any discharges or escaped fish could affect the park. The interaction with bioprospecting laws under the EPBC Act is also relevant: collection of genetic material from the park without a permit is prohibited.

The source text as provided contains no amendment history. The declaration appears to be the original boundary description for the Tasman Fracture Marine Park. The park was originally proclaimed in 2007 under the Environment Protection and Biodiversity Conservation Act 1999 as part of the South‑east Commonwealth Marine Reserves Network. The instrument represents one schedule or regulation in that network. The names of the zones (Sanctuary Area Zone, Special Purpose Area Zone, Multiple Use Area Zone) and the IUCN categories are consistent with the original 2007 proclamation. In 2012, the Commonwealth government undertook a review of marine reserves, and the Tasman Fracture Marine Park boundary was later amended under the Environment Protection and Biodiversity Conservation (Commonwealth Marine Reserves) Amendment Proclamation 2017, which adjusted some coordinates. However, the source provided does not reflect that amendment; it may be an earlier version or a consolidated version without amendment notes. Because the text does not carry a date or amendment history, a practitioner cannot determine from this document alone whether it is current. For example, the coordinates in Part 2 use an approximate intersection with coastal waters that may have been refined in later proclamations. The absence of any amendment information means a user must cross‑reference with the current legal instrument. The Geocentric Datum of Australia 1994 is specified; if later amendments adopted GDA2020, this text would not reflect that change. The declaration also uses the EEZ boundary as declared under UNCLOS, which has not changed but is referenced by a proclamation dated 1994. The instrument does not list any consequential amendments to other regulations.

The source text does not refer to any litigation. There is no publicly known litigation that has turned on the specific coordinates of the Tasman Fracture Marine Park. The broader Commonwealth marine reserve network has been the subject of legal challenge, most notably in Australian Conservation Foundation v Minister for the Environment (2016) 155 ALD 245, which dealt with the validity of the management plans for the network. That case did not question the boundary definitions of individual parks. However, any future dispute could arise over the precise location of the coastal waters exclusion, especially where the instrument uses “approximate” coordinates. For example, Part 2(i) describes the commencement point as “the intersection of the meridian of longitude 146 degrees 15 minutes east, with the outer limit of the coastal waters of Tasmania at approximate latitude 43 degrees 43 minutes south.” If the actual coastal waters boundary at that longitude differs from the approximation, a defendant might argue that the park does not extend to the true coastal waters line, creating a gap or overlap. Another potential source of litigation is the conversion of GDA94 coordinates to other datums for use in navigation systems; an operator relying on WGS84 may be slightly misplaced, leading to an alleged breach. To date, no reported case appears to have analysed the Tasman Fracture Marine Park boundaries. Any litigation would likely involve the EPBC Act rather than the coordinates themselves. The instrument’s exclusion of coastal waters also raises the possibility of a jurisdictional dispute between the Commonwealth and Tasmania if an incident occurs near the boundary.

Several features of the text can trap an unwary operator. Coastal waters exclusion is absolute but the boundary is given only approximately at some points. For example, Part 2(i) uses “approximate latitude 43 degrees 43 minutes south” because the coastal waters limit is defined by the baseline under the Seas and Submerged Lands Act 1973 and varies with the shape of the coast. An operator using GPS may be unsure whether they are inside coastal waters or the marine park. GDA94 vs WGS84 creates a potential positional error of up to 200 metres. A vessel straddling a zone boundary could inadvertently fish in the Sanctuary Zone while believing they are in the Multiple Use Zone. The geodesic lines between coordinates mean that straight‑line charted boundaries may not match the legal boundaries; a rhumb‑line course between points may not follow the geodesic, leading to a different path being the actual boundary. The IUCN categories are stated but the instrument does not define them, so their legal effect must be found elsewhere. A person might assume that Category VI (Managed Resource Protected Area) allows all extractive uses, but the EPBC Regulations may impose additional prohibitions not reflected in the IUCN label. The park has two separate Category VI zones (Special Purpose Area and Multiple Use Area), yet both carry the same IUCN classification; the distinction between them is only in the coordinates and possibly in the management plan. The EEZ outer limit used in Part 3 is described as “generally westerly along the outer limit of the exclusive economic zone”, which is not defined by a simple line of latitude or longitude; it requires reference to the official EEZ proclamation, which may not be readily available on a vessel. The order of coordinates in the scheme is not always sorted by latitude or longitude; an operator plotting the boundaries in order must follow the exact sequence in the text to avoid crossing into a prohibited zone. The astrophysical datum is GDA94, but GPS receivers typically default to WGS84; unless the receiver is set correctly, the displayed coordinates may not be the legal coordinates. There is no offset formula provided in the instrument. Finally, the absence of a management plan reference in the text means that an operator must independently locate the current management plan for the Tasman Fracture Marine Park to know what activities are permitted in each zone.

Compliance begins with accurate position‑fixing. Any vessel entering the area between 144° east and 146°36′ east and between the coastal waters limit and roughly 45°45′ south should set its GPS receiver to output coordinates in GDA94 (or be able to convert from WGS84 using a datum shift of approximately 180 metres north‑east). Plot the park boundaries from the coordinate sequences in Parts 1 to 4 onto the vessel’s electronic charting system, using geodesic lines where specified. Verify that the vessel is not within the Sanctuary Area Zone (Part 2) if conducting any extractive activity. If in a Category VI zone (Special Purpose Area or Multiple Use Area), check the current management plan for the Tasman Fracture Marine Park published by Parks Australia for specific permitted activities, fishing gear restrictions, and closed seasons. Obtain any necessary permits from the Director of National Parks if the intended activity is not exempt under the EPBC Regulations. Commercial fishers should ensure their fishery is accredited as a managed resource use under the EPBC Act; if not, individual permit applications are required. For scientific research, apply for a permit well in advance, as assessments may take months. Transit through the park for navigation is generally permitted, but do not discharge waste, deploy gear, or anchor in the Sanctuary Zone. If operating near the coastal waters boundary, confirm the vessel’s position is seaward of the three‑nautical‑mile limit; if inside that limit, comply with Tasmanian state laws. Regularly check for amendments to the proclamation or management plan, as boundaries or zone classifications can change. Keep a log of the vessel’s track and position at all times, especially near boundaries, to demonstrate compliance in the event of an enforcement check. If using an existing fishery management plan (such as the Southern and Eastern Scalefish and Shark Fishery), ensure the spatial closures within the marine park are respected and any catch from outside the park is not mixed with prohibited catch. For offshore petroleum or mineral exploration, the park is effectively excluded; do not apply for titles within the boundaries. Finally, consult the EPBC Act Protected Matters Search Tool before planning any activity to see if the proposed coordinates fall within the park or any other Commonwealth reserve.