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Marine Protected Areas

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Marine Protected Areas

• MPAs
• Overview
• Legal framework
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Management plans

Under the EPBC Act, the Director of National Parks must prepare management plans for all Commonwealth reserves, which are given to the Minister for Environment Protection, Heritage and the Arts for approval.

Management plans provide for the protection and conservation of the reserve. They must set out how the reserve is to be managed, what activities will be allowed within the reserve and how they must be carried on. Management plans must be consistent with the relevant Australian IUCN Reserve Management Principles for the IUCN category to which the reserve is assigned.

A management plan for a reserve has effect for 10 years, unless it is revoked and replaced by a new management plan.

Management arrangements in marine protected areas

• Ashmore Reef National Nature Reserve and Cartier Island Marine Reserve
• Cod Grounds Commonwealth Marine Reserve
• Coringa-Herald National Nature Reserve & Lihou Reef National Nature Reserve
• Elizabeth and Middleton Reefs Marine National Nature Reserves
• Great Australian Bight Marine Park (Commonwealth Waters)
• Lord Howe Island Marine Park (Commonwealth Waters)
• Macquarie Island Marine Park
• Mermaid Reef Marine National Nature Reserve
• Ningaloo Marine Park (Commonwealth Waters)
• Solitary Islands Marine Reserve (Commonwealth Waters) (order printed copy)
• South-east Commonwealth Marine Reserves Network

Statutory Process for the Development of a Management Plan

Management plans are prepared in accordance with the statutory process in the EPBC Act, which includes the following steps:

1. The Director of National Parks publishes a notice inviting comment for a minimum period of 30 days on the proposal to prepare a draft management plan
2. The draft management plan is prepared and released for public comment for a minimum of 30 days. The Director notifies any native title parties about the making of the plan of management and gives them an opportunity to comment
3. The Director considers any comments and may alter the plan accordingly
4. The Director of National Parks provides the Minister for the Environment, Heritage and the Arts with the draft management plan, the public comments on the draft plan and the views of the Director on the public comments
5. The Minister considers the draft plan and the Director's views and, if satisfied, approves the management plan (subject to any amendments the Minister considers necessary)
6. The plan is tabled in both Houses of the Commonwealth Parliament and may be disallowed by either House

Activities in a Commonwealth reserve

The management plan for each Commonwealth Reserve sets out what activities are or are not allowed in the reserve.

The EPBC Act prohibits certain activities from being done in a Commonwealth reserve except in accordance with the management plan for the reserve. These include activities that affect native species, commercial activities and mining operations.

A range of activities in Commonwealth reserves are also controlled, or able to be controlled by the Director, under the Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations), including the use of vessels, commercial activities, commercial fishing, recreational fishing and scientific research. Many of these activities are prohibited unless certain exemptions apply, including where the Director has issued a permit authorising the activity, or where a management plan in force for a reserve allows the activity.

A management plan can provide that an activity be done in accordance with a permit issued by the Director.

Where a management plan is not in operation for a Commonwealth reserve, the Director is able to grant an approval for a person or class of persons to carry out an identified action or class of actions that would otherwise be prohibited under the EPBC Act.

Civil and criminal penalties may be imposed for breaches of the EPBC Act and criminal penalties may be imposed for breaches of the EPBC Regulations.

Other parts of the EPBC Act may also be relevant to the taking of actions in, and in relation to, a Commonwealth reserve. Firstly, actions that have, will have, or are likely to have a significant impact on a matter of 'national environmental significance' will be subject to the assessment and approval provisions of the EPBC Act. Matters of national environmental significance include the environment in a Commonwealth marine area and threatened and migratory species listed under the EPBC Act. Secondly, the EPBC Act contains provisions in Part 13 that prohibit and regulate actions in relation to listed protected species in Commonwealth areas.