Commonwealth Numbered Regulations - Explanatory Statements

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GREAT BARRIER REEF MARINE PARK REGULATIONS (AMENDMENT) 1997 NO.96

STATUTORY RULES 1997 No. 96

ISSUED BY AUTHORITY OF THE MINISTER FOR THE ENVIRONMENT

Great Barrier Reef Marine Park Act 1975

Great Barrier Reef Marine Park Regulations (Amendment)

Subsection 66(1) of the Great Barrier Reef Marine Park Act 1975 (the Act) provides for the making of Regulations by the Governor-General. Section 39X and Y of that Act provides for the preparation of plans of management for species and ecological communities, ensuring that those which are or may become vulnerable or endangered are managed to enable their recovery and continued protection and conservation.

These amendments to the Great Barrier Reef Marine Park Regulations make provision for the Enforcement Provisions of the Shoalwater Bay (Dugong) Plan of Management which arc designed to prevent further decline of the species in that area through capture in gill nets. The amendments (Attachment 1) prohibit the carriage and use of nets (which have been assessed as a potential threat to dugongs) into the plan of management area, and also make it an offence to collect, take or interfere with a dugong or dugongs in the Area. The amendments make some exceptions, these include where the person has a permission from the Authority to have the net in the Plan of Management area for the purposes of research, that the net is part of a dilly used for catching crabs, or that the net is a cast net of particular dimensions only used for catching bait. A person may only have one cast net in the Area. Additionally, Clause 1 makes it clear that the prohibitions do not apply where. the person has entered the Plan of Management Area for the purposes of saying lift or securing the safety of A vessel or aircraft that is in danger.

Background

The Great Barrier Reef World Heritage Area (GBRWHA) supports dugong populations of world significance and this factor was one of the reasons for the areas inscription on the World Heritage List in 1981. Australia has obligations and responsibilities under domestic and international law for the protection of dugongs, as it is the custodian of the most substantial remaining populations of the species.

Scientific surveys have recorded a 50-80% decline of the dugong population in the southern region of the GBRWHA (between Cooktown and Hervey Bay). Shoalwater

Bay has been confirmed by Professor Helene Marsh (Dugong expert) as the most important habitat for dugongs in this southern region. because of the presence of extensive seagrass meadows (estimated at 13,000 ha); the largest dugong population (estimated at about 400); and the areas remoteness from human use and development.. The importance of the Jugong population in the Bay was also one of the reasons why it was listed by Australia in 199-5 as a Wetland of International Importance under the Ramsar Convention.

The primary uses of the area are Defence training and fishing. In 1994, the Commonwealth Government accepted an inquiry recommendation that conservation be elevated to be equal with Defence use of the area. Integrated inter-agency planning of the area is now underway.

Investigations by and reports to the Authority since 1994 have revealed that the incidental capture of dugongs in gill nets is the only recorded cause of anthropogenic dugong mortality in Shoalwater Bay. The Authority raised concerns with the Queensland Commercial Fishing Organisation (QCFO) in 1994, and sought cooperation with them to prevent further dugong captures. The situation did not improve. and by 1995, the reported levels of dugong mortality in gill nets continued to exceed sustainable levels or anthropogenic mortality for the population.

A Dugong Review Group was established by the Authority in 1995 to coordinate and determine conservation management for the species in the GBRWHA. Amongst other things the group recommended that urgent action be taken to secure key remaining dugong populations in the southern region of the GBRWHA, especially in Shoalwater Bay. Having considered this advice, when advised of a further dugongs being caught in gill nets in the Shoalwater Bay between April and July, the Authority decided to proceed with the plan of management as a priority in order to implement actions to mitigate the problem.

Consultation about the plan.

The Great Barrier Reef Marine Park Authority made the plan of management in accordance with Part VB, Section 39W-Z of the Act. In accordance with Section 39ZB, a notice was published in local and Brisbane papers on 1819195 stating that the Authority proposed to prepare the plan, and inviting submission by 27/10/95. One submission was received from a conservation group.

In addition to a broad program of community consultation, because the plan was developed for a specific area and about particular risks to dugongs, specific stakebolder groups were also targeted. The target groups were identified as commercial net and crab fishers, Department of Defence and Traditional Aboriginal occupants.

The major focus of discussions was with the fishing industry, because gill netting was identified as the key threatening process to dugongs in Shoalwater Bay. Eight meetings were undertaken with the Queensland fishing industry between August 1995 and finalisation of the plan in 1997. However, due to these continuing dugong deaths attribute to netting, and evidence that self regulation had not resolved the problem, the Authority decided to proceed with enforcement provisions under the plan of management to remove all high risk tiers.

Discussions with Defence and Aboriginal people resulted in management agreements which will overcome threats from their current interests and activities such as an agreement by the Darumbal-Noolar Corporation not to hunt dugongs whilst the species is under threat, and an agreement by Defence not to detonate underwater explosives in areas of the Bay defined by the Authority as sensitive dugong habitats.

In accordance with Section 39ZE, a public notice was published on 15/11/96 in local and Brisbane papers, stating that the Shoalwater Bay (Dugong) Plan of Management had been prepared and invited public submissions by 27112196. Twelve submissions were received and all were considered by the Great Barrier Reef Marine Park Authority in finalising the plan.

These Regulations commenced on 1 May 1997.

Attachment 1

Enforcement provisions - Shoalwater Bay (Dugong) Plan of Management

The Shoalwater Bay (Dugong) Plan of Management ("the Plan of Management") contains enforcement provisions. In accordance with the Great Barrier Reef Marine Park Act, these enforcement provisions are contained in a separate part of the plan and were considered by the public in accordance with the consultative processes outlined above. These Regulation amendments give effect to the enforcement. provisions of the Plan of Management.

The purpose of these provisions is to identify particular conduct that has been recognised as contributing to the mortality of dugong in the Plan of Management Area and which is able to be controlled by way of enforcement. The level of prohibition has been identified as appropriate by the fishing industry itself.

Clause 6.2 of Part 4 of the Plan of Management states that a person must not have in the Plan of Management Area, a net that is capable of being used for the taking of fish. Taking is defined widely and includes catching, capturing, killing, removing, gathering etc.

However there are exceptions. These include where the person has a permission from the Authority to have the net in the Plan of Management area for the purposes (if research, that, the net is part of a dilly used for catching crabs, or that the net is a cast net of particular dimensions only used for catching bait. A person may only have one cast net in the Area. Additionally, Clause 1 makes it clear that the prohibitions do not apply where the person has entered the Plan of Management Area for the purposes of saving life or securing the safety of a vessel or aircraft that is in danger.

Clause 7 of Part 4 states that a person must not collect a dugong except in accordance with a permission granted by the Authority. Collecting of Dugong without a permission is an offence under the Great Barrier Reef Marine Park Act, however the offence in the Act relies upon the purpose of the use and entry to the Park. In some unique circumstances a charge under the Act may fail due to a failure to prove the purpose of use and entry. This provision captures that conduct which amount to collecting of a dugong, but for which purpose need not he shown.

Clause 8 of Part 4 states that it is an offence to interfere with a dugong or the carcass of a dugong. "Interference with" is nor defined, except that collecting is excluded from its meaning. This offence has been included to penalise activities such as the evisceration of carcasses in an attempt to sink and hide them. Carcasses have been found in the planning area with heads, limbs and tails removed in order to extricate the animals from nets and thereby avoiding further damage to the net. The existing offence in the Act relating to collecting may nor apply in all cases where such interference has occurred.