Document ID: chunk:federal_register_of_legislation:F2025L00100:front:0:p36
Version: federal_register_of_legislation:F2025L00100
Segment Type: other
Provision Reference: 
Character Range: 110831–113945

areas where waste may be disposed of

      * prohibit or restrict entry or activities

      * determine adventurous activities and areas where adventurous activities may be done

      * make determinations about the use of vessels, including to prohibit use, control anchoring and mooring, and set speed limits

      * make determinations about the use of aircraft in and over marine parks.

The taking-off and landing of an aircraft in a marine park can only be carried out in an area determined by the Director (regulation 12.58, EPBC Regulations).

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 International Convention for the Prevention of Pollution from Ships (MARPOL) (Schedule 2). 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 (4.3.1) 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 intended to be consistent with Australia's rights and obligations under UNCLOS.

There are also a range of national laws, policies and procedures relevant to commercial shipping including the National Plan for Maritime Environmental Emergencies in relation to maritime pollution incidents and the Biosecurity Act 2015 (Cth) and Australian ballast water management requirements in relation to ballast water discharge. Prescriptions dealing with waste disposal and ballast water discharge and exchange are also covered in this section (4.3.1).

Vessel transiting and anchoring will be managed in accordance with this section (4.3.1) subject to relevant conditions in commercial fishing (Section 4.3.2), commercial tourism (Section 4.3.4), recreational use (Section 4.3.6), research and monitoring (Section 4.3.12) and national security and emergency response (Section 4.3.13).

The EPBC Regulations prohibit disposal of domestic and industrial waste, and the operation of aircraft (including drones), in Australian Marine Parks unless authorised by or under a management plan. This section (4.3.1) outlines how these activities can be carried out in the South-east Marine Park Network and any authorisations that may be required.

Waste from normal operations of vessels must be compliant with the requirements under MARPOL  as they exist at the time this management plan comes into effect, the International Maritime Organization convention covering prevention of pollution of the marine environment by ships from operational or accidental causes. Ballast water discharge and exchange must be compliant with ballast water management requirements under the Biosecurity Act 2015.

Table 4.3 Summary of prescriptions for general use, access and waste management in the South-east Network

GENERAL USE, ACCESS AND WASTE MANAGEMENT                                                     Multiple Use   Special Purpose Zone (VI)  Habitat