Document ID: chunk:federal_register_of_legislation:F2025L00100:front:0:p86
Version: federal_register_of_legislation:F2025L00100
Segment Type: other
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Character Range: 264846–267776

sustainable demersal longline fishery for Patagonian toothfish. The fishery has been operating since 1994, initially as a trawl fishery, but it has only used longline since 2010. Only 2 companies have a right of access to the fishery. At the time of making this plan, the fishery is certified by the international Marine Stewardship Council.

Figure S1.14 Macquarie Island Marine Park

Schedule 2: Summary of legislative and policy contexts[4]

Image: An octopus explores an expansive coral bed in Tasman Fracture Marine Park (Institute for Marine and Antarctic Studies)

S2.1 The EPBC Act and EPBC Regulations
At the commencement of this plan, the Australian Government is implementing its commitment to reforming Australia's environmental laws as set out under the Nature Positive Plan: better for the environment, better for business (Nature Positive Plan). The Nature Positive Plan will involve amendments to the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act), and we acknowledge these amendments may impact the provisions in this schedule.
At the commencement of this plan, the EPBC Act is Australia's primary environmental legislation.
S2.1.1 Commonwealth reserves
Commonwealth reserves are areas of land or sea that:

     1.       the Commonwealth owns or leases

     2.       are in a Commonwealth marine area, or

     3.       are outside Australia, that the Commonwealth has international obligations to protect,

  and which are proclaimed by the Governor-General to be a Commonwealth reserve under section 344 of the EPBC Act.
A proclamation must assign the Commonwealth reserve to an International Union for the Conservation of Nature (IUCN) category and may also divide the reserve into zones and assign each zone to an IUCN category (section 340(1)(2) and (2), EPBC Act).
For the purposes of this plan, all 14 marine parks in the South-east Marine Parks Network (South-east Network) are Commonwealth reserves proclaimed over an area of sea under section 344 of the EPBC Act.
Commonwealth marine areas are a Matter of National Environment Significance and are also subject to the environment assessment and approval process outlined in Section 2.1.5 (Environmental assessment and approval).
The environment of the Commonwealth marine area is considered a Matter of National Environmental Significance and is protected by Part 3 of the EPBC Act.
The Director of National Parks (Director) holds any usage rights that relate to land or seabed in the Commonwealth reserve (section 345A, EPBC Act) and is responsible for the administration and management of Commonwealth reserves under Division 5 of Part 19 of the EPBC Act.
S2.1.2 Management plans
Under section 366 of the EPBC Act, the Director must prepare a management plan for each Commonwealth reserve in accordance with EPBC Act, which must be approved by the Minister under section 370 of the EPBC Act.
Under section 362 of