Document ID: chunk:federal_register_of_legislation:F2025L00071:body:0:p27
Version: federal_register_of_legislation:F2025L00071
Segment Type: other
Provision Reference: 
Character Range: 90258–93460

nature watching, kitesurfing, kayaking, windsurfing, paddleboarding and walking in intertidal areas  subject to the following:
          1.       Fishing is not allowed in green National Park Zones (IUCN II) and elsewhere is subject to the prescriptions provided in Sections 4.3.7 (Recreational fishing) and 4.3.3 (Commercial fishing).
          2.       Motor and wind-powered vessels are not permitted in the 2 nearshore National Park Zones (IUCN II) at Arus Les (The Rip) and Belakang Batu-Karang (Trannies Beach) (unless to assist persons in distress).
          3.       Marine life, including corals, must not be touched, stood on or otherwise disturbed in green National Park Zones (IUCN II).
        2.                Overnight stays on vessels are allowed.
        3.                The operation of a motor vehicle is allowed in the yellow Habitat Protection Zone (Cocos (Keeling) Islands) (IUCN IV) for the purpose of launching or retrieving vessels.
        4.                The Director may issue an authorisation for an activity that would otherwise be prohibited, restricted or the subject of a determination under the EPBC Regulations.
        5.                The prescriptions in this section apply to all users of Cocos (Keeling) Islands Marine Park, including those carrying out other activities provided for in this plan.

    4.3.2     Commercial shipping
The prescriptions in this section set out the requirements for commercial shipping in Cocos (Keeling) Islands Marine Park.
Australia is a party to a number of international agreements relevant to commercial shipping  in particular, the United Nations Convention on the Law of the Sea (UNCLOS) and the International Convention for the Prevention of Pollution from Ships (MARPOL). UNCLOS provides a right of innocent passage through the territorial sea for foreign vessels and a right of freedom of navigation through Australia's Exclusive Economic Zone. This section places some limits on the exercise of these rights in some zones. The limitations are necessary to protect marine park values, apply to all commercial shipping and are consistent with Australia's rights and obligations under UNCLOS.
There are also a range of national laws, policies and procedures relevant to commercial shipping that continue to apply within the marine park. These include the National Plan for Maritime Environmental Emergencies in relation to maritime pollution incidents, and the Biosecurity Act 2015 (Cth) and the associated Australian ballast water management requirements and the Australian biofouling management requirements. Prescriptions dealing with waste disposal and ballast water discharge and exchange are in Section 4.3.12 (Waste management).

Prescriptions
       4.3.2.1               Commercial ships, including those undertaking other activities in accordance with this plan, may transit in Cocos (Keeling) Islands Marine Park.
       4.3.2.2               With the exception of Section 4.3.8 (Mining), persons conducting an activity in accordance with this plan under Sections 4.3.3 to 4.3.14 may anchor in the yellow Habitat Protection Zone (Cocos (Keeling) Islands). Other commercial ships may anchor only in areas