Document ID: chunk:federal_register_of_legislation:F2025L00070:body:0:p22
Version: federal_register_of_legislation:F2025L00070
Segment Type: other
Provision Reference: 
Character Range: 75968–79174

For example, wherever possible, touching or anchoring on corals should be avoided.

Prescriptions

        1.                General recreational access to the marine park is allowed – for example for the purposes of swimming, snorkelling, scuba diving, boating, nature watching, kayaking, paddleboarding and walking in intertidal areas.

          1.       Fishing is not allowed in the green National Park Zone (IUCN II), and elsewhere is subject to the prescriptions provided in Sections 4.3.7 (Recreational fishing) and 4.3.3 (Commercial fishing).

        2.                Overnight stays on vessels are allowed.

        3.                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.

        4.                The prescriptions in this section apply to all users of Christmas Island Marine Park, including those carrying out other activities provided for in this plan.

     1.      Commercial shipping

The prescriptions in this section set out the requirements for commercial shipping in Christmas Island Marine Park.

Australia is a party to 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 Australian biofouling management requirements. Prescriptions dealing with waste disposal and ballast water discharge and exchange are in Section 4.3.12 (Waste management).

Prescriptions

        1.                Commercial ships, including those undertaking other activities in accordance with this plan, may transit in Christmas Island Marine Park.

        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 4.3.13 may anchor in the yellow Habitat Protection Zone (Christmas Island). Other commercial ships may anchor only in areas determined as anchoring areas by a determination made by the Director under regulation 12.56 of the EPBC Regulations.

Note: This section does not prevent anchoring in any area of Christmas Island Marine Park due to circumstances of distress or other unforeseen circumstances beyond the vessel's control or for the purpose of rendering assistance to persons, ships or aircraft in danger or