1 Does the Marine Parks Act (SA) 2007 facilitate biodiversity? Do we need an Oceans Act federally? Ruth Beach, Solicitor

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

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4 Leafy Sea Dragons habitat Leafy Sea Dragons habitat ng_Dragon.html

5 Effluent disposal and stormwater run off have destroyed seagrass on.htmlwww.abysspictures.com/Documentaries/The%20Vanishing%20Dragon/The_Vanishing_Drag on.html Habitat?

Threats Threats Coastal Development Pollution Resources: Fishing Extractive/Mining Climate Change 6

7 MARINE PARKS ACT

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

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

10 SA Marine Parks

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

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

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

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

18 Oceans Act? Oceans Act?

Threats Threats Coastal Development Pollution Resources: Fishing Extractive/Mining Climate Change 19

20 Great Barrier Reef

21 Coral bleaching and dead coral content/uploads/2009/02/deadcoral2.jpg

22 Shen Neng 1 Grounded in the Douglas Shoal

23 Shen neng 1 reef damage Diver over grounding scar

24 West Atlas mobile drilling unit burns in the Timor Sea After a failed attempt to plug the leak the rig caught fire

25 Timor sea oil spill Some barrels a day of oil leaked into the Timor sea

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.

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

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

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

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

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 Intergovernmental Agreement: Joint legislative provision by: Commonwealth, States, NT 31

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

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

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

Oceans Act? Australian Oceans Commission: 35 Approve management plans of: Australian Fisheries Management Authority Australian Maritime Management Authority Australian Offshore Petroleum Management Authority

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

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

Oceans Act? Content Offence/Enforcement: Failure to comply with marine plan Failure to refer Injunction By Natural Resources Management Council Any person 38

Summary Oceans Act – yes: Integrated management approach Across all sectors Across all jurisdictions Not discretionary Enforcement mechanisms 39

40Thanks Thanks to Richard Cook and Jake Stone for their assistance