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1 Does the Marine Parks Act (SA) 2007 facilitate biodiversity? Do we need an Oceans Act federally? Ruth Beach, Solicitor
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2 Why protect marine life? Diversity of species The following species are only found in Southern Australia: 85 percent of our fish species 95 percent of our mollusc species 90 percent of our echinoderm species 75 percent of our red algae 95 per cent of our seagrasses Therefore: local, national and international biological significance http://www.environment.sa.gov.au/coasts/planning.html
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4 Leafy Sea Dragons habitat Leafy Sea Dragons habitat www.abysspictures.com/Documentaries/The%20Vanishing%20Dragon/The_Vanishi ng_Dragon.html
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5 Effluent disposal and stormwater run off have destroyed seagrass www.abysspictures.com/Documentaries/The%20Vanishing%20Dragon/The_Vanishing_Drag on.htmlwww.abysspictures.com/Documentaries/The%20Vanishing%20Dragon/The_Vanishing_Drag on.html Habitat?
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Threats Threats Coastal Development Pollution Resources: Fishing Extractive/Mining Climate Change 6
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7 MARINE PARKS ACT
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Marine Parks Act 2007 – Objects: Section 8: Objects: To protect & conserve marine biodiversity by developing marine parks which are: Comprehensive – re range of ecosystems & habitats Adequate – reasonable area protected Representative – reflects biodiversity across the region (CAR) Maintaining marine ecological processes Adapting to the impacts of climate change Allow ecologically sustainable development Section 9: Administrators of Act to further the objects 8
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Marine Parks Act s10: Establishment of marine parks 23 July 2009 marine park outer boundaries ~ 42% of the States waters Changed by resolution of Parliament 9
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10 SA Marine Parks http://www.environment.sa.gov.au/coasts/planning.html
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Management Plan s12-13 Management plan: Consistent with objects Strategies for achieving objects Establish zones Completed within 3 years of proclamation Reviewed every 10 years Consistent with: Planning strategy State NRM Plan Environment Protection Policies Indigenous land use agreements s14 Public consultation Laid before Parliament 11
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Four Zones – adequate? Four Zones – adequate? General Managed Use: provides protection for habitats and biodiversity allows environmentally sustainable development Habitat Protection: provides protection for habitats and biodiversity allows activities & uses that do not harm habitats or ecosystems Sanctuary: provides protection and conservation for habitats and biodiversity no removal or harm to plants, animals or marine products Restricted Access: managed by limiting access to the area 12
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Four Zones – adequate? Four Zones – adequate? Failure to comply with zone: Offence Max penalty $100,000 s21 Compensation to fishers: Fair and reasonable Regulations 5% 15
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Enforcement Enforcement Authorised officers Orders: protection order reparation order failure to comply - $10,000 max penalty may be registered against land Civil remedies – duty of care Minister, authorised officer person whose interests are affected other person with leave of Court Regulations: create offence not >$5,000 expiation fee - not >$750 16
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Is biodiversity protected? Is biodiversity protected? Success depends on: Management Plans Zoning: uses and activities allowed within zones no take (sanctuary) zones: target at least 20-30% Enforcement: adequate monitoring adequate penalties 17
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18 Oceans Act? Oceans Act?
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Threats Threats Coastal Development Pollution Resources: Fishing Extractive/Mining Climate Change 19
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20 Great Barrier Reef http://www.talismancoins.com/catalog/Great_Barrier_Reef_Biodiversity.jpg
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21 Coral bleaching and dead coral http://www.photolib.noaa.gov/bigs/reef3097.jpg http://surftherenow.com/wp- content/uploads/2009/02/deadcoral2.jpg
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22 Shen Neng 1 Grounded in the Douglas Shoal
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23 Shen neng 1 reef damage Diver over grounding scar http://www.gbrmpa.gov.au/corp_site/oil_spill_and_shipping_incidents/shen_neng_1_grounding/shen_neng_1_photo_gallery
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24 West Atlas mobile drilling unit burns in the Timor Sea After a failed attempt to plug the leak the rig caught fire http://au.news.yahoo.com/thewest/galleries/a/-/article/5849058/image/5/timor-sea-oil-and-gas-spill/
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25 Timor sea oil spill http://blogs.crikey.com.au/northern/2009/10/26/australias-shame-the-timor-sea-oil-spill-disaster-in-pictures/ Some 400-9000 barrels a day of oil leaked into the Timor sea
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26 Moreton Bay oil spill March 2009 Moreton Island, Bribie Island and southern parts of the Sunshine Coast disaster zones after a massive oil spill. http://www.abc.net.au/news/stories/2009/03/13/2514943.htm
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National National Divided between sectors: Conservation Resources: Fisheries Petroleum Shipping Tourism Divided between jurisdictions: Commonwealth – beyond 3 mile State – shore to 3 mile Territory – shore to 3 mile Local - impact 27
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National - Current legislation National - Current legislation Marine Legislative Review: Cth & State legislation - >100 reviewed Review: legislation vs Commonwealths Oceans Policy Issues: No ecosystem based management No enforceable marine plans No coordination across jurisdictions No overall framework for accountability 28
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Management – Environment Protection and Biodiversity Conservation Act (EPBC Act) Management – Environment Protection and Biodiversity Conservation Act (EPBC Act) 29 s176 – Bioregional plans may include: Biodiversity objectives Heritage values Priorities, strategies and actions to achieve objectives Community involvement Review Not mandatory No enforcement mechanisms No integration across sectors Limited to Commonwealth waters
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Management – Environment Protection and Biodiversity Conservation Act (EPBC Act) Management – Environment Protection and Biodiversity Conservation Act (EPBC Act) 30 Marine Protected Areas: Limited to locations of little economic interest No protection where economic activity and biodiversity highest
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Oceans Act? Oceans Act? Propose: Integrated management approach Across all sectors Across all jurisdictions Not discretionary Enforcement mechanisms Integrated: to bring together or incorporate (parts) into a whole www.dictionary.com www.dictionary.com Intergovernmental Agreement: Joint legislative provision by: Commonwealth, States, NT 31
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Oceans Act? Content Part 1: Objects including: eco-system based management involving: governments community oceans-based industry indigenous peoples international environmental responsibilities optimal use of Australias ocean resources duty to consider: ecologically sustainable development ecosystem-based management s8 Objects and principles to be applied 32
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Oceans Act? Australian Oceans Commission: Regional marine plans Assess and review agencies Report to parliament Prepare: State of Oceans report every 5 years Oceans policy Integrate data collection and research Coordinate funding Consultation: Community Indigenous 33
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Oceans Act? Australian Oceans Commission: 34 Assessment + approval process for marine plan re: Shipping: expansion of shipping traffic scuttling of vessels Fisheries: changes in gear and the location a new fishery targeting a previously untargeted species commercial and rec fishing management plans Mining Marine protected area Marine bioprospecting Renewable energy projects Desalination projects Dredging or dumping of materials Construction
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Oceans Act? Australian Oceans Commission: 35 Approve management plans of: Australian Fisheries Management Authority Australian Maritime Management Authority Australian Offshore Petroleum Management Authority
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Oceans Act? Regional Marine Planning 36 Part 3: Regional Marine Plans: Further Acts objects Zoning Ecologically sustainable use permissible Targets Actions to achieve targets Review process Compliance and enforcement process
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Oceans Act? Regional Marine Planning 37 Part 3: Marine Protected Areas Aust Oceans Commission: Coordinate zoning for NRSMPA (CAR) Set targets for NRSMPA Approve management strategies Aim: High level protection
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Oceans Act? Content Offence/Enforcement: Failure to comply with marine plan Failure to refer Injunction By Natural Resources Management Council Any person 38
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Summary Oceans Act – yes: Integrated management approach Across all sectors Across all jurisdictions Not discretionary Enforcement mechanisms 39
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40Thanks Thanks to Richard Cook and Jake Stone for their assistance
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