680 GOVERNMENT GAZETTE, WA 2 March 2018
high water mark means the ordinary (mean of) high water mark at spring tides as defined in
the Land Administration Act 1997 section 3(1);
low water mark means the ordinary low water mark at spring tides;
Montebello Islands Marine Park means the part of Western Australian waters reserved as
Montebello Islands Marine Park, under section 13 of the Act, and classified as Class A by the
Montebello Islands Marine Park Order 2004, published in the Gazette of 10 December 2004;
Table 2 means ‘Table 2: Uses permitted in each zone of the Montebello Islands Marine Park and
Barrow Island Marine Park’, set out in the approved management plan;
Western Australian waters has the meaning given to that term in section 13(8) of the Act.
(2) All geographic coordinates are expressed in terms of the Geocentric Datum of Australia 1994
(GDA 94).
3. Classification of recreation areas
All waters of the Montebello Islands Marine Park described in Schedule 2 are classified under
section 62(1a)(a) of the Act as recreation areas.
4. Classification of general use area
All waters of the Montebello Islands Marine Park described in Schedule 4 are classified under
section 62(1a)(b) of the Act as general use area.
5. Classification of sanctuary areas
All waters of the Montebello Islands Marine Park described in Schedule 1 are classified under
section 62(1a)(c) of the Act as sanctuary areas.
6. Classification of special purpose areas
All waters of the Montebello Islands Marine Park described in Schedule 3 are classified under
section 62(1a)(d) of the Act as special purpose areas.
7. Declaration of certain types of recreational fishing as incompatible with another
specified recreational purpose in recreation areas
Under section 13B(3A)(b) of the Act, recreational fishing of the types described in Table 2 as
recreational set and haul netting, recreational aquarium and specimen collecting, and charter vessel
fishing (other than unguided recreational fishing by customers of charter operators) are declared to be
incompatible with the recreational purpose of providing opportunities for existing recreational
activities and commercial non-extractive tourism activities including recreational fishing, for the
areas classified as recreation areas under clause 3 and described in Schedule 2 item 1 Stephenson
Channel Recreation Zone, and item 2 Southern Montebellos Recreation Zone.
8. Declaration of aquaculture as incompatible with a specified conservation purpose in
certain special purpose areas
Under section 13B(3B)(a) of the Act, aquaculture is declared to be incompatible with the conservation
purpose of providing protection to deep water habitat, including complex bathymetry with high
habitat diversity, for the area classified as special purpose area under clause 6 and described in
Schedule 3 item 1 Northern Montebellos Special Purpose Zone (benthic protection).
9. Declaration of certain types of commercial fishing as incompatible with a specified
conservation purpose of certain special purpose areas
Under section 13B(3B)(c) of the Act, commercial fishing of the types described in Table 2 as
commercial beche de mer fishing, commercial trap fishing, commercial long line, commercial beach
seine, commercial wetlining (other than trolling), commercial prawn trawling, commercial crabbing,
commercial aquarium collecting, commercial collection of coral, ‘live’ sand and ‘live’ rock, and
commercial specimen shell collecting are declared to be incompatible with the conservation purpose of
providing protection to deep water habitat, including complex bathymetry with high habitat diversity,
for the area classified as special purpose area under clause 6 and described in Schedule 3 item 1
Northern Montebellos Special Purpose Zone (benthic protection).
10. Declaration of certain types of commercial fishing as incompatible with a specified
Under section 13B(3B)(c) of the Act, commercial fishing of the types described in Table 2 as
commercial trap fishing, commercial long line, commercial beach seine, commercial wetlining,
commercial prawn trawling, commercial crabbing and commercial collection of coral, ‘live’ sand and
‘live’ rock are declared to be incompatible with the conservation purpose of providing protection to
subtidal silt and sand habitats which support rich and diverse fauna, and the excellent sediment and
water quality, for the areas classified as special purpose areas under clause 6 and described in
Schedule 3 items 2-12 Site A Special Purpose Zone (pearling), Site B Special Purpose Zone (pearling),
Site C Special Purpose Zone (pearling), Site D Special Purpose Zone (pearling), Site G Special
Purpose Zone (pearling), Site H Special Purpose Zone (pearling), Site I Special Purpose Zone
(pearling), Site J Special Purpose Zone (pearling), Site O Special Purpose Zone (pearling), Site P
Special Purpose Zone (pearling), Claret Bay Special Purpose Zone (pearling).
11. Declaration of certain types of recreational fishing as incompatible with a specified
Under section 13B(3B)(e) of the Act, recreational fishing of the types described in Table 2 as
recreational rock lobster fishing, recreational line fishing (other than trolling), recreational set and
2 March 2018 GOVERNMENT GAZETTE, WA 681
haul netting, recreational throw netting, spearfishing, recreational crabbing, recreational aquarium
and specimen collecting, and charter vessel fishing (other than trolling) are declared to be
incompatible with the conservation purpose of providing protection to deep water habitat, including
complex bathymetry with high habitat diversity, for the area classified as special purpose area under
clause 6 and described in Schedule 3 item 1 Northern Montebellos Special Purpose Zone (benthic
protection).
12. Declaration of certain types of recreational fishing as incompatible with a specified
Under section 13B(3B)(e) of the Act, recreational fishing of the types described in Table 2 as
recreational set and haul netting, and recreational aquarium and specimen collecting are declared to
be incompatible with the conservation purpose of providing protection to subtidal silt and sand
habitats which support rich and diverse fauna, and the excellent sediment and water quality, for the
areas classified as special purpose areas under clause 6 and described in Schedule 3 items 2-12 Site A
Special Purpose Zone (pearling), Site B Special Purpose Zone (pearling), Site C Special Purpose Zone
(pearling), Site D Special Purpose Zone (pearling), Site G Special Purpose Zone (pearling), Site H
Special Purpose Zone (pearling), Site I Special Purpose Zone (pearling), Site J Special Purpose Zone
(pearling), Site O Special Purpose Zone (pearling), Site P Special Purpose Zone (pearling), Claret Bay
Special Purpose Zone (pearling).
13. Declaration of pearling activity as incompatible with a specified conservation purpose
in certain special purpose areas
Under section 13B(3B)(f) of the Act, pearling activity is declared to be incompatible with the
conservation purpose of providing protection to deep water habitat, including complex bathymetry
with high habitat diversity, for the area classified as special purpose area under clause 6 and
described in Schedule 3 item 1 Northern Montebellos Special Purpose Zone (benthic protection).
14. Declaration of exploratory drilling for, or production of, petroleum, geothermal energy
resources or geothermal energy as incompatible with a specified conservation purpose in
of certain special purpose areas
Under section 13B(3B)(g) of the Act, activities of the types described in Table 2 as petroleum drilling
and mineral development are declared to be incompatible with the conservation purpose of providing
protection to subtidal silt and sand habitats which support rich and diverse fauna, and the excellent
sediment and water quality, for the areas classified as special purpose areas under clause 6 and
described in Schedule 3 items 2-12 Site A Special Purpose Zone (pearling), Site B Special Purpose
Zone (pearling), Site C Special Purpose Zone (pearling), Site D Special Purpose Zone (pearling), Site G
Special Purpose Zone (pearling), Site H Special Purpose Zone (pearling), Site I Special Purpose Zone
(pearling), Site J Special Purpose Zone (pearling), Site O Special Purpose Zone (pearling), Site P
Special Purpose Zone (pearling), Claret Bay Special Purpose Zone (pearling).
15. Notices cancelled
The Montebello Islands Marine Park (Classified Waters) Notice 2007 is hereby cancelled.
STEPHEN DAWSON, Minister for Environment.
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Schedule 1—Sanctuary Areas
- Northern Montebellos Sanctuary Zone
(a) commencing north-west of the Montebello Islands at the intersection of latitude 20°18′48″
south and longitude 115°29′42″ east; and
(b) extending east along latitude 20°18′48″ south to longitude 115°32′51″ east;
(c) thence south along longitude 115°32′51″ east to latitude 20°22′21″ south;
(d) thence west along latitude 20°22′21″ south to the low water mark on Pansy Island that is the
boundary of Reserve 42197 as shown on Deposited Plan 240365;
(e) thence generally north-westerly and southerly along the low water mark of Pansy Island to
latitude 20°22′30″ south;
(f) thence west along latitude 20°22′30″ south to Morgan & Co Pty Ltd Pearl Farm Lease Site L
as shown on Department of Fisheries Pearl Farm Lease Site Plan 911-193-01C and
911-193-02C;
(g) thence north, north-westerly, south-westerly and south- easterly along the boundary of
Morgan & Co Pty Ltd Pearl Farm Lease Site L to latitude 20°22′30″ south;
(h) thence west along latitude 20°22′30″ south to the low water mark on Primrose Island that is
(i) thence generally northerly, westerly, southerly and easterly along the low water mark of
Primrose Island to latitude 20°22′30″ south;
(j) thence west along latitude 20°22′30″ south to longitude 115°27′18″ east;
(k) thence north along longitude 115°27′18″ east to latitude 20°21′30″ south;
(l) thence north-easterly along the geodesic to the point of commencement.