Document ID: chunk:federal_register_of_legislation:F2025N00073:body:0:p1
Version: federal_register_of_legislation:F2025N00073
Segment Type: other
Provision Reference: 
Character Range: 0–3159

Environment Protection and Biodiversity Conservation Regulations 2000
Regulation 12.14B
HEARD ISLAND AND MCDONALD ISLANDS MARINE RESERVE
DETERMINATION OF AREAS FOR THE DISPOSAL AND DISCHARGE OF INDUSTRIAL WASTE
I, PHILLIP BOXALL, Acting Head of Division, Australian Antarctic Division, Department of Climate Change, Energy, the Environment and Water, as delegate of the Director of National Parks, having taken into account the effects of industrial waste on the protection and conservation of biodiversity, HEREBY DETERMINE pursuant to sub-regulation 12.14B(1) of the Environment Protection and Biodiversity Conservation Regulations 2000 that for the Heard Island and McDonald Islands (HIMI) Marine Reserve:
 1.       A defined area within Zone 9 (habitat/species management area - HIMIHP09) as defined in the Environment Protection and Biodiversity Conservation (Heard Island and McDonald Islands Marine Reserve) Proclamation 2002 is an area that may be used for the disposal of industrial waste that is:
     1.    Offal or bycatch discharged from a commercial fishing vessel in the area defined in the fishing concession conditions issued under the Fisheries Management Act 1991.
     2.    Offal or bycatch discharge from commercial fishing operations in the defined area must be in accordance with fishing concession conditions issued under the Fisheries Management Act 1991 and the relevant management plan in place for the Heard Island and McDonald Islands Fishery.
 2.       All areas within Zone 5 (national park – HIMINP05), Zone 6 (national park – HIMINP06), Zone 7 (national park - HIMINP07) and Zone 8 (national park – HIMINP08) and Zone 9 (habitat/species management area - HIMIHP09) as defined in the Environment Protection and Biodiversity Conservation (Heard Island and McDonald Islands Marine Reserve) Proclamation 2002 are areas that may be used for the disposal of industrial waste that is:
     1.    ballast water but only if the disposal occurs in accordance with Australian Ballast Water Management Requirements and any relevant legislation or international agreements relating to ballast water management.
     2.    Offal or bycatch or fishmeal discharge from commercial fishing operations, but only if the disposal occurs due to a mechanical breakdown of the meal plant on board the commercial fishing vessel and is discharged in accordance with fishing concession conditions issued under the Fisheries Management Act 1991 and the relevant management plan in place for the Heard Island and McDonald Islands Fishery.
In this determination:
Heard Island and McDonald Islands Marine Reserve is the area defined in Environment Protection and Biodiversity Conservation (Heard Island and McDonald Islands Marine Reserve) Proclamation 2002.
Note, the Environment Protection and Biodiversity Conservation (Heard Island and McDonald Islands Marine Reserve) Proclamation 2002 was amended by the Environment Protection and Biodiversity Conservation (Heard Island and McDonald Islands Marine Reserve) Amendment Proclamation 2024.
Industrial waste means unwanted by-products from commercial, industrial or trade activities.
Offal means bait and