Environment Protection and Biodiversity Conservation (South-east Marine Parks Network Management Plan) Instrument 2025

Dated  4 February 2025  

Tanya Plibersek

Minister for the Environment and Water

This management plan has been prepared by the Director of National Parks (Director) and sets out how the South-east Marine Parks Network will be managed from 2025 to 2035.

How to cite this document

Director of National Parks, South-east Marine Parks Network Management Plan 2025

Director of National Parks Australian business number: 13051 694 693

This plan is available online at parksaustralia.gov.au.

ISBN: 978-0-646-71138-6

The material in this document is licensed for use under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International licence with the exception of the Coat of Arms of the Commonwealth of Australia, the Director of National Park’s logo, and content supplied by a third party including all images.

For licence conditions see: https://creativecommons.org/licenses/by-nc-nd/4.0/

Requests and enquiries concerning reproduction rights can be addressed to:
Director of National Parks

GPO Box 787

Canberra ACT 2601

Photo credits

Front Cover – Large black coral, jackass morwong and school of butterfly perch at Joe’s Reef, Freycinet Marine Park (James Parkinson)

Acknowledgement of Country

We acknowledge the Traditional Owners of the south-east region and their unbroken and continuing connection to land, sea, sky and community. We recognise that at least 17 different language groups continue to care for, manage, and maintain deep relationships with coastal land and seas in the region, safeguarding for Sea Country and keeping it healthy, since time immemorial.

Their knowledge, understanding and relationships to Sea Country are fundamental to the health and resilience of the South-east Marine Parks Network and the success of this management plan.

We pay our respects to them and their cultures and to their Elders both past and present.

Image: Mutton bird – short-tailed shearwater (Wild Ocean Tasmania)

Contents

Acknowledgement of Country.................................................1

Foreword.................................................................5

A message from South-east Traditional Owners..................................7

1. Introduction...........................................................10

1.1 Introductory provisions................................................11

1.2 Management plan overview............................................12

1.3 Legislative context supporting Australian Marine  Park management.............13

1.4 Australian Marine Parks...............................................13

1.5 Vision and objectives.................................................14

1.6 Changes from the previous management plan..............................14

1.7 Working in partnership with Traditional Owners.............................18

2. The South-east Marine Parks Network.....................................21

2.1 The south-east marine region..........................................22

2.2 The South-east Marine Parks Network....................................25

2.3 Values of the South-east Network.......................................29

2.3.1 Natural values........................................................29

2.3.2 First Nations values....................................................33

2.3.3 Other Protected Matters.................................................34

2.3.4 Social and economic benefits.............................................34

2.4 Pressures in the South-east Network.....................................35

2.4.1 Climate change.......................................................35

2.4.2 Extraction of living resources.............................................36

2.4.3 Physical disturbance...................................................36

2.4.4 Invasive species.......................................................36

2.4.5 Marine pollution.......................................................37

3. Approach to management...............................................38

3.1 Park management overview...........................................39

3.2 Ways of working....................................................40

3.3 Partnerships.......................................................40

3.4 Desired outcomes and management programs.............................41

3.5 Monitoring and evaluation.............................................44

4. Zoning and activity prescriptions.........................................45

4.1 Zone categories, names and objectives...................................46

4.2 Managing activities..................................................50

4.2.1 Environmental approvals and other applicable laws............................50

4.3 Prescriptions for activities.............................................51

4.3.1 General use, access and waste management................................53

4.3.2 Commercial fishing.....................................................57

4.3.3 Commercial aquaculture.................................................60

4.3.4 Commercial tourism (includes charter fishing tours)............................61

4.3.5 Commercial media.....................................................63

4.3.6 Recreational use (including fishing)........................................64

4.3.7 Offshore wind energy operations..........................................65

4.3.8 Mining operations (including exploration)....................................66

4.3.9 Offshore geological storage of carbon dioxide................................70

4.3.10 Space activities.......................................................71

4.3.11 Structures and works...................................................73

4.3.12 Research and monitoring................................................75

4.3.13 National security and emergency response..................................77

4.3.14 New activities and authorisations..........................................78

4.4 Making decisions about activities........................................78

4.4.1 Decision-making.......................................................78

4.4.2 Assessments under other processes.......................................79

4.4.3 Review of decisions....................................................79

4.5 Authorisation of activities..............................................81

4.5.1 Authorised activities....................................................81

4.5.2 Permits..............................................................81

4.5.3 Class approvals.......................................................82

4.5.4 Activity licences and leases..............................................84

4.5.5 Publication of authorisations..............................................85

Schedule 1: South-east Marine Parks overview..................................86

S1.1 South-east Network overview............................................87

S1.2 Key natural values of the South-east Network................................88

S1.3 Overview of marine parks of the South-east Network..........................92

East Gippsland Marine Park.................................................92

Beagle Marine Park.......................................................94

Flinders Marine Park.......................................................97

Freycinet Marine Park.....................................................100

Huon Marine Park........................................................103

South Tasman Rise Marine Park.............................................106

Tasman Fracture Marine Park...............................................108

Zeehan Marine Park......................................................111

Franklin Marine Park......................................................114

Boags Marine Park.......................................................117

Nelson Marine Park......................................................122

Murray Marine Park......................................................124

Macquarie Island Marine Park...............................................127

Schedule 2: Summary of legislative and policy contexts.........................130

S2.1 The EPBC Act and EPBC Regulations....................................131

S2.2 Other relevant legislation – Commonwealth................................134

S2.3 Other relevant legislation – state.........................................135

S2.4 International agreements..............................................135

Schedule 3: South-East Marine Parks Network zone boundary descriptions..........136

1. East Gippsland Marine Park..........................................137

2. Beagle Marine Park.................................................138

3. Flinders Marine Park................................................139

4. Freycinet Marine Park...............................................142

5. Huon Marine Park..................................................146

6. South Tasman Rise Marine Park.......................................148

7. Tasman Fracture Marine Park.........................................148

8. Zeehan Marine Park................................................152

9. Franklin Marine Park................................................155

10. Boags Marine Park.................................................156

11. Apollo Marine Park.................................................157

12. Nelson Marine Park.................................................158

13. Murray Marine Park.................................................158

14. Macquarie Island Marine Park.........................................163

Schedule 4: Supporting information..........................................167

S4.1 Supporting information................................................168

S4.2 Map data sources....................................................171

Glossary................................................................173

Foreword

The establishment of the South-east Marine Parks Network (the South-east Network) in 2007 was a historic step for marine conservation, both in Australia and globally, creating the first
large-scale representative network of marine protected areas in the world.

For over 60,000 years before this, the Sea Country of the south-east marine region – of which the South-east Network is only a part – has been cared for and sustainably managed by Traditional Owners. Their traditional ecological knowledge and cultural environmental practices have been essential in maintaining the health of Sea Country over millennia. Through the preparation of this plan, Parks Australia has gained a deeper appreciation for the profound and enduring connection that Traditional Owners have to this Sea Country. Their stewardship remains vital to the preservation and management of these marine environments today and into the future.

The south-east region provides important foraging areas and migratory pathways for iconic, endangered and culturally significant species like blue and southern right whales and many species of albatross. The network of marine parks protects unique seafloor habitats, including deep-sea reefs, continental shelf habitats, seamounts canyons and kelp forests.

The region is the most intensely used in Australia and provides for a range of important social and economic activities, including commercial fishing, shipping, energy generation and recreational activities. These activities are core to the livelihoods of many local communities and provide benefits right across Australia.

This is the second management plan for the South-east Network and marks an important step in adaptive management of Australian Marine Parks as we apply lessons learned from more than a decade of management.

At the time of preparing this plan, the impacts of climate change are increasing globally. The south-east marine region is a global warming hotspot, where the rate of warming over the past 50 years is in the top 10% globally. The Australia state of environment 2021 report painted an alarming picture of the mounting pressures facing our marine environment, including from climate change, illegal, unregulated and unreported fishing, plastic and other pollution, offshore industries and marine noise. The 2021 report, along with the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth), highlight the need for fundamental reforms of our national environment laws, which are underway at the time of preparing this plan.

This plan introduces changes that increase protection within the network through zoning and rules for allowable uses, recognising the risks facing the south-east region over the coming decade. The plan seeks to build the resilience of park values by managing existing pressures and preventing new pressures. The changes in this plan build on momentum from 2023, when the Macquarie Island Marine Park in the Southern Ocean was expanded, increasing the size of the South-east Network from 388,464 km2 to 701,927 km2 (Figure 1.1).

This plan is the result of sustained consultation and engagement with governments, First Nations people, industry stakeholders, scientists and many other voices across Australia. I thank everyone who contributed to the development of this plan, including the many people who provided submissions through the statutory consultation processes. Your input has ensured we can find the right balance between strengthening protection and providing for sustainable use and enjoyment of our marine parks. I look forward to working in partnership with marine park users and communities to support the effective implementation of this plan.

Response to ‘Not without us, if it’s about us’

I extend my gratitude to the South-east Saltwater Council for their statement, ‘Not without us, if it’s about us’, included on pages 810 of this plan. The statement reflects the council’s views and aspirations, and understanding these ideals is an important first step toward meaningful collaboration with South-east Traditional Owners over time.

I recognise the importance of respecting Traditional Owners as partners, and not stakeholders, as highlighted in the statement. Traditional Owners bring unbroken, deep and longstanding connections, knowledge and values to the management of the South-east Network. Parks Australia[1] is committed to strengthening collaboration with the South-east Traditional Owners as partners by engaging with the council and other culturally appropriate forums to implement this plan.

I would also like to thank the council for their candid feedback regarding engagement to date. Parks Australia is increasingly working to embed cultural competency as a core practice in the organisation. We will seek to engage early and meaningfully with Traditional Owners in managing our varied estate of parks, within the bounds of legal and regulatory frameworks.

I am a proud Djungan man and pleased to be the first Indigenous person to hold the position of Director of National Parks. I acknowledge that tensions may at times arise between the legal and institutional frameworks that define the regulatory office I hold and the aspirations of First Nations peoples to discharge their obligations to look after Country. I am committed to working transparently, in good faith and respectfully with the Traditional Owners of the South-east Marine Parks’ Sea Country to implement this plan.

Building genuine and respectful partnerships with Traditional Owners is fundamental to the success of this plan. By including commitments such as dual-naming initiatives, enhanced engagement and consultation processes, and the co-design of a Sea Country Strategy, I believe this plan lays the groundwork for developing, over time, a mutually beneficial partnership between Parks Australia and the South-east Traditional Owners, that can also support and benefit collaborations with marine parks users and the broader community.

Ricky Archer

Director of National Parks

A message from the South-east Saltwater Council

Not without us, if it’s about us

Traditional Owners have never surrendered rights and authority to Country, including Sea Country. All Country was protected and cared for by our Ancestors for thousands and thousands of years and is cared for by our descendants today.

Before continuing with our message, we wish to pay respects to our Ancestors, men and women, for the strength, resilience, knowledge and wisdom they shared and applied to caring for Country and their communities. They knew, as we know today, that the health of Country is connected to the identity, health and wellbeing of our people. They knew that all Country – land, rivers, oceans and all living within it  is interconnected and interdependent, and must be cared for in that way. Caring for Country also required, and continues today to include specific roles and responsibilities for men and women, alongside collective responsibility.

Our cultural and biocultural landscapes are unique. We are one of the oldest continuing cultures in the world, and our Country, all Country, is home to a vast array of plants, animals and places that have a cultural and practical value to us all. Today’s cultural landscapes reflect how we engage with our world and experience the surroundings. While colonisation resulted in our Land and Sea Country being broken up into artificial land and sea tenures and associated colonising management regimes, we remain connected to our Country, the cultural landscapes and our biocultural values that continue across these artificial boundaries today.

Country is a place of belonging, and way of believing and living, including culture, identity, spirituality, language, law, family, sustainable economy and trade.

Since dispossession and colonisation, Sea Country has been significantly and negatively impacted by a different world view and values. We are deeply saddened about the degradation that has happened as a result of dispossession and colonising approaches to the use and management of Sea Country.

Our voices, our values, and the knowledge passed down to us over many generations have been ignored to the detriment of Sea Country, and all people today.

We note that Marine Parks were created in Australia, including in the south-east marine region, in an attempt to conserve small pieces of our precious Sea Country. As a global warming hotspot  in the top 10% globally  we have no time to waste in working together as partners today to address degradation and to protect Sea Country for generations going forward.

Moving forward for the wellbeing of our Sea Country and people, we must take back control of our inherited rights and responsibilities to care for Country. We must be active leaders and respected partners in the fight to protect and preserve fragile marine and coastal Country for all. The time is now for our Saltwater Council, for Traditional Owners of the South-east Marine Parks, to unite and work together in the interests of our marine parks, connected oceans, coastlines, waterways and landscapes for generations that follow us.

We have expressed our sadness and frustration at the lack of inclusion of our voices, knowledge, values and interests in decision-making about Sea Country, including most recently the development of the South-east Marine Parks Network Management Plan (the Plan). We have expressed that we are unable to endorse the plan as we have had no part in its development.

We note that Parks Australia has acknowledged this fact, and has more recently worked with us to forge a far better way forward for all those who care about our Marine Parks and Sea Country. This will require the development of a genuine and long-term partnership with us over time, as opposed to being regarded as one of many groups or stakeholders; and tokenistic engagement.

Traditional Owners bring unbroken, deep and longstanding connections, knowledge and values to the management of Sea Country that will benefit all people, and most importantly Sea Country itself. We all need healthy Sea Country to survive and thrive, physically, culturally, spiritually and economically. All those who care for Sea Country understand this and it’s our belief and experience that management as partners will benefit all.

Our South-east, Saltwater Council alliance as Traditional Owners is unique. We are autonomous and self-determined in our rights, responsibilities and approaches to caring for Country, but we are connected for the shared purpose of vastly improving and protecting South-east Marine Parks and connected Sea Country.

To achieve this vision going forward, we must put Sea Country first, and our partners need to respect our view and assertion that:

If it’s about us, and all Country is about us, then planning, decision-making, and management must happen with us.

To be clear, with us means from the start of thinking about planning, to the end result of managing Country together, and how we keep track of the environmental, cultural, economic and other impacts of our decision-making and actions on Sea Country.

This requires a major shift in thinking about Traditional Owners as partners, and increased respect for our values, knowledge and assertions about how to best manage Sea Country; all aspects of Sea Country  from cultural heritage through to environmental stewardship and management of recreational and commercial interests. Many of us are either working on, or have in place our own Sea Country Plans that guide our work with partners, and our own communities. These are highly valuable resources as we approach partnership work for South-east Marine Parks management.

We are committed to working as respected and respectful partners with government towards growing and sustaining our South-east Marine Parks, first established in 2007 – noting that our connection precedes that time by thousands and thousands of years. In working together, we need to acknowledge this fact  that jurisdictional boundaries today can conflict with our ongoing connections to Sea Country – through millennia.

In this new era, we will work together, to improve the relationship with us, and the cultural competence of our partners and all those who care about Sea Country. We will work together to share our values, knowledge and assertions for Sea Country, and more specifically Marine Parks.

We will also work together to blend where appropriate our traditional ecological knowledge with new science and technologies. We will work collaboratively to co-design future management plans, and to build the next generation of First Nations Sea Country Guardians, planners, researchers and decision-makers.

We can do our best to remediate and address the significant damage and loss that is currently happening and that is rapidly increasing in our fragile marine and coastal environments, but we need to do this now and together.

Climate change and other anthropogenic pressures on our Sea Country do not wait. The time to act together is now.

This statement is endorsed by the following members of the South-east Saltwater Council:

The South-east Marine Park Saltwater Council is a newly established Council whose membership includes Registered Aboriginal Parties (RAP) from Victoria, South Australia, and Tasmania. It is expected that membership to this Council will continue to grow over time.

1.         Introduction

Image: Wandering albatross (Kim Kliska/Australian Antarctic Division)

1.1                                    Introductory provisions

1.2           Management plan overview

This plan is structured into 4 chapters and 4 schedules, outlined below in Table 1.1.

Table 1.1 Structure of this plan

1.3           Legislative context supporting Australian Marine
Park management

At the time of making this plan, the EPBC Act is Australia’s primary environmental legislation. Under the EPBC Act, the Governor-General may declare an area of sea in a Commonwealth marine area as a Commonwealth reserve. For the purposes of this plan, these Commonwealth reserves are referred to as Australian Marine Parks.

The Director of National Parks (the Director) has primary responsibility for the administration, protection, conservation and management of Australian Marine Parks.

Under the EPBC Act, the Director is required to make management plans for the protection and conservation of marine parks and must manage the marine parks consistently with the relevant management plan. Additionally, the Director may make a single management plan for the management of more than one marine park.

The marine parks in the South-east Marine Parks Network (South-east Network) were established between 1999 and 2007 (see Schedule 1 for full details). The first management plan for the South-east Network came into effect in 2013 and expired in 2023.

Sections 354 and 354A of the EPBC Act and Division 12 of the Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations) set out offence provisions which prohibit certain actions from being taken in marine parks unless the action is taken in accordance with a management plan for that marine park. This plan sets out what actions may be undertaken in the South-east Network, and the conditions under which they may be undertaken. This plan also complements, and is in addition to, a range of other Commonwealth, state and territory laws, as well as international conventions and agreements that relate to protection of the marine environment (Schedule 2).

Other Commonwealth, state and territory government agencies also have statutory roles in managing fisheries, tourism, petroleum activities, renewable energy operations, other offshore industries, shipping, maritime pollution and biosecurity threats. This plan does not purport to provide approval or authorise actions and applications under other Commonwealth, state and territory laws.

1.4           Australian Marine Parks

Australian Marine Parks are areas of ocean within Commonwealth marine areas, which start at the outer edge of state and territory waters, generally 3 nm (approximately 5.5 km) from the shore, and extend to the outer boundary of Australia’s Exclusive Economic Zone, 200 nm (approximately 370 km) from the shore. Australian Marine Parks are specifically designated and managed to protect the marine environment while also providing opportunities for sustainable commercial and recreational use. Australian Marine Parks play an important role in:

• protecting and conserving representative examples of marine biodiversity and associated ecosystems, including areas associated with unique or rare geological features
• protecting critical sites for reproduction and growth of species
• increasing the resilience of marine ecosystems against pressures such as pollution, climate change, overuse of resources and marine pests

• protecting important tangible and intangible First Nations values, such as areas now under sea that were part of the landscape used by First Nations people during the late Pleistocene (the last ice age)
• regulating human use to ensure activities are undertaken in an ecologically
  sustainable manner.

Over 2 decades ago, all governments in Australia committed to a National Representative System of Marine Protected Areas (NRSMPA). The primary goal of the NRSMPA is to establish and manage a comprehensive, adequate and representative system of marine protected areas. Broadly, this means ensuring the system of marine parks includes all of Australia’s marine bioregions and that the range of different ecosystems and biological features within these bioregions are adequately represented in marine parks to ensure their long-term viability.

At the time of making this plan, the Australian Government’s contribution to the NRSMPA includes 60 Australian Marine Parks, managed by the Commonwealth Director of National Parks (supported by Parks Australia); the Great Barrier Reef Marine Park, managed by the Great Barrier Reef Marine Park Authority; and the Heard Island and McDonald Islands Marine Reserve, managed by the Australian Antarctic Division of the Department of Climate Change, Energy, the Environment and Water. Marine parks have also been established by state and territory governments in their respective waters under the NRSMPA.

The 60 Australian Marine Parks are spread across 5 networks (South-east, South-west, North-west, North and Temperate East), the Coral Sea and the Indian Ocean Territories. At the time of making this plan, they collectively cover 3.8 million km2, or 43%, of Australian waters.

1.5           Vision and objectives

Management of Australian Marine Parks requires a balance between protection of our marine environment and opportunities for sustainable use and enjoyment of these special places.

The objectives of the South-east Network are to provide for:

• the protection and conservation of biodiversity and other natural and cultural values of marine parks in the South-east Network[2]
• ecologically sustainable use and enjoyment of the natural resources within marine parks in the South-east Network, where this is consistent with the objective above.

These objectives are broadly applied across all Australian Marine Parks. A set of more specific desired outcomes have been identified in Chapter 3 of this plan for the South-east Network.

1.6           Changes from the previous management plan

This is the second management plan for the South-east Network and builds on significant advances in the scientific knowledge about the region’s ecosystems; lessons learned from managing the marine parks since 2007; findings from the independent evaluation of the 20132023 management plan; and comments received through statutory public consultation processes. This plan also encapsulates the expanded Macquarie Island Marine Park, which came into effect on 1 July 2023.

This plan seeks to improve both the network design and its management through changes to zoning, allowable activities and management programs, compared with the previous management plan (in place from 2013 to 2023). In line with the marine park objectives, these changes are intended to find the right balance between protection of marine park values and sustainable use.

Zoning design

Zoning is the basis for marine park management, providing for various activities to be undertaken in different areas. This plan has changed existing zones in the network, while also creating new zones and changing the shape of some zones. This includes:

• 5 marine parks with new offshore National Park Zones (International Union for the Conservation of Nature, IUCN II) that were previously categorised as Special Purpose Zones (IUCN VI) under the last management plan. This change formalises a long history of almost no extractive use in these areas, including at South Tasman Rise, Tasman Fracture, Murray, Nelson and Zeehan Marine Parks
• 7 parks with new National Park Zones (IUCN II). These zoning upgrades were carefully selected to protect important values in shelf, slope, canyon and seamount environments, that were subject to multiple pressures, while minimising impacts on existing users where possible. These changes were made to Beagle, Flinders, Freycinet, Franklin, Huon, Tasman Fracture and Murray Marine Parks
• 2 parks with new areas for pelagic fishing access. Recognising the significant spatial squeeze experienced by the sector in the south-east marine region, the shifting ranges of target species in response to climate change, and the ongoing improvements to the sustainability of these fisheries, these changes were made to Flinders (IUCN IV  pelagic fishing only) and Murray (IUCN IV  pelagic fishing only) Marine Parks:
  • Flinders: the new Habitat Protection Zone is below the 4,000 m depth contour and entirely over the abyss – an ecosystem type that is extensively represented in highly protected zones in the network and in this marine park.
  • Murray: the new Habitat Protection Zone is carefully placed to continue to protect benthic habitats, while opening access to sustainable commercial fishing activities that are excluded from the canyons by the new highly protected zones in the park.

Collectively, zoning changes in this management plan represent an improvement on the previous plan zoning, when considering the design principles of comprehensive, adequate and representative protection, in the Guidelines for establishing the National Representative System of Marine Protected Areas (ANZECC, 1998).

Allowable activities

This plan establishes tighter rules for and prohibitions of some industrial activities, with the premise that these activities should happen outside of marine parks where possible. The
plan considers new and emerging activities that were not contemplated by the previous management plan.

Management programs

This plan has simplified the 7 strategies from the previous management plan to a smaller set of
4 focused programs to better provide for national consistency, while allowing a flexible approach. It includes more targeted actions and a set of specific desired outcomes to guide monitoring and evaluation of this plan and to inform continual improvement.

Image: A school of jackass morwong in Freycinet Marine Park

Figure 1.1 Map showing zoning changes from the 2013 to the 2025 plan.
Note: Macquarie Island Marine Park was expanded in 2023.

1.7           Working in partnership with Traditional Owners

This management plan respects and upholds First Nations people’s responsibilities as both holders of knowledge and managers of Sea Country. The Director recognises Traditional Owners have interests in all aspects of marine park management. Strong, respectful and genuine partnerships with First Nations people are fundamental to managing the full suite of values in the South-east Network. The Director and Parks Australia staff are committed to working with First Nations people to protect these values, as well as to maximise opportunities for the enjoyment, management and use of their Sea Country within marine parks.

National recognition

In implementing this plan, the Director acknowledges the rights and cultural interests of First Nations people and the deep understanding and experience that First Nations people can contribute to the management of Australian Marine Parks. The Director also has an obligation to maximise contributions to Closing the Gap and deliver on the Closing the Gap Targets and Priority Reforms. The rights and interests of First Nations people are also recognised in the EPBC Act and the Native Title Act 1993 (Cth).

Indigenous Cultural and Intellectual Property

First Nations people are the primary source of information on the value of their cultural heritage. For this reason, the active participation of First Nations people will be sought in the identification and management of First Nations values in marine parks through the development of values statements. The Director is committed to respecting the cultural authority of First Nations people for their values and will seek the free, prior and informed consent of First Nations people before recording, storing or sharing information on First Nations values. The Director will seek to implement best-practice approaches for managing Indigenous Cultural and Intellectual Property (ICIP). This includes adhering to the principles of Indigenous Data Sovereignty and using data sharing agreements, as appropriate.

Engagement through the South-east Saltwater Council

Alliance-based approaches can effectively strengthen First Nations voices, relationships, collective actions and solutions, and their collaborative investment in Sea Country. A key mechanism for engaging with First Nations will be through alliances, particularly the newly established South-east Saltwater Council. Parks Australia will work with Traditional Owners to explore and support this model, and any discrete partnerships that may arise.

The South-east Saltwater Council brings together Traditional Owners from coastal Victoria, Tasmania and South Australia. Initiated by Traditional Owners of the region, the council serves as a First Nations-led forum prioritising healthy Sea Country and governance for the collective good by providing a safe space for discussion and agreement-making.

Engagement through the South-east Saltwater Council does not preclude other partnership mechanisms identified over the life of this plan, in the interests of culturally safe and appropriate management. The Director will also engage with individual relevant Native Title representative bodies and Aboriginal Community Controlled organisations as needed.

Principles for working in partnership with First Nations people

Parks Australia acknowledges Traditional Owners as essential partners in the management of Sea Country within Australian Marine Parks, and recognise their historical exclusion from managing country

The following partnership principles were developed with guidance from the South-east Saltwater Council. They are based on engagement principles first published in 2018, following collaboration between the Director and representatives from land councils, Native Title representative bodies, and Indigenous ranger groups.

The principles published here are preliminary working principles intended to guide how Parks Australia and the South-east Traditional Owners work together. These principles are intended to be further refined through the co-design of a Sea Country Strategy for the South-east Network. The most up-to-date version of the principles will be made available online. This approach provides opportunities for review in collaboration with Traditional Owners, ensuring the principles evolve over time as we continue to learn and strengthen our working relationship.

Table 1.2 – First Nations partnership principles

2.         The South-east Marine Parks Network

Image: Striped trumpeter and butterfly perch in Tasman Fracture Marine Park (Institute for Marine and Antarctic Studies)

2.1           The south-east marine region

The south-east marine region extends from southern New South Wales, around Tasmania to Kangaroo Island in South Australia and includes the waters of Bass Strait and those surrounding sub-Antarctic Macquarie Island (Figure 2.1). The region covers approximately 1.63 million km² of temperate and sub-polar waters and extends from state waters to the limit of the Australian Exclusive Economic Zone.

First Nations people are rights holders and caretakers of Sea Country. They have managed and cared for Sea Country within the south-east marine region for tens of thousands of years and kept it healthy. Coastal areas of south-east Australia were amongst the most densely populated regions of pre-colonial Australia. At least 17 distinct First Nations language groups owned, occupied and used coastal land and seas in the region. Vast areas of the region were once dry land that connected mainland Australia to Tasmania, and this land was traversed and lived on for thousands of years. These ancestral landscapes form part of the cultural landscapes important to First Nations people today. First Nations people continue to use and manage the coastal and marine environments of the region as a resource and to maintain cultural identity, health
and wellbeing.

The south-east marine region is the most intensely used marine region in Australia. Human activities in the region include commercial fishing, oil and gas production, shipping, tourism, recreational fishing and boating, scientific research, and emerging activities such as offshore windfarms, carbon management technologies, offshore aquaculture and space rocket launches. The marine environment supports regional economic growth, employment and social wellbeing.

The south-east marine region provides a substantial component of Australia’s domestic and exported seafood via fisheries such as the Southern and Eastern Scalefish and Shark Fishery and rock lobster and tuna fisheries. At the time of making this plan, the Australian and Tasmanian governments are also working together to facilitate trials for offshore aquaculture
in the region.

The south-east marine region plays an important role in Australia’s energy production. The Bass Strait is a major supplier of gas for Australian east coast domestic users, and ongoing gas supply has been identified as crucial to Australia’s transition to Net Zero emissions by 2050.

At the time of making this plan, the Australian Government is in the process of declaring areas as being suitable for offshore renewable energy infrastructure, including offshore wind. Three of Australia’s 6 areas are within the broader Bass Strait area, which has been identified as a prime location for offshore windfarms due to its strong and consistent winds and its proximity to areas of high electricity demand.

The region is a global marine warming hotspot  an area where the rate of warming over the past 50 years is in the top 10% globally. Pressures in the region are expected to increase during the life of this plan, including due to climate change (Section 2.4).

The south-east marine region includes ecosystems spanning depths from the continental shelf to the slope and down to the abyssal plain (deep ocean floor). The continental shelf, including Bass Strait, is a mosaic of rocky reefs and soft sediments. Marine canyons, which deeply incise the continental slope, are a common feature of the region and include the Sprigg Canyon  one of Australia’s largest and most spectacular marine canyons. Globally significant clusters of seamounts (underwater volcanoes) occur south and east of Tasmania. The seamounts rise 4,000 m above the seafloor, with the shallowest peaks reaching about 750 m below the sea surface. Several ocean currents influence the region and its climate. The eastern parts of the region are strongly influenced by the East Australian Current, which carries warmer, nutrient-poor waters and tropical and subtropical marine species southward. Over the last 50 years the East Australian Current has strengthened and extended about 350 km further south. The western parts of the region are influenced by the warmer south-easterly/southward-flowing Leeuwin and Zeehan currents. Macquarie Island lies in the path of the Antarctic Circumpolar Current. In winter the Antarctic Circumpolar Current moves north and passes close to Tasmania, bringing colder, nutrient-rich water to the area.

The region is relatively low in nutrients and primary productivity; however, in some locations, water bodies converge, mix and rise close to the surface to create areas of enhanced primary productivity, which support aggregations of pelagic marine life. Examples include the Bonney Upwelling and the upwelling east of Eden.

Owing to the complex geomorphology, ocean current systems and evolutionary history of the area, the marine environment contains high biodiversity, including many species endemic to southern or south-eastern Australia. The region also includes Biologically Important Areas for many species protected under the EPBC Act, including seabirds, whales and sharks.

Figure 2.1 South-east marine region

2.2           The South-east Marine Parks Network

The South-east Marine Parks Network (South-east Network) (Figure 2.2) covers 701,927 km2 and includes 14 marine parks. It was designed to protect representative examples of the region’s ecosystems and biodiversity in accordance with the Goals and principles for the establishment of the National Representative System of Marine Protected Areas (ANZECC, 1998).

Australia’s marine environment has been divided into bioregions  large areas of ocean with broadly similar characteristics based on the distribution of marine species, seafloor features and ocean conditions (Integrated Marine and Coastal Regionalisation of Australia (IMCRA)). All 10 provincial bioregions in the region are represented in the South-east Network, along with 10 of the 11 mesoscale bioregions (Figures 2.3 and 2.4).

The South-east Network comprises the following 14 marine parks (presented in a clockwise geographical order starting off at the coast of southern New South Wales, moving around Tasmania up to Cape Otway and across to South Australia, then to the sub-Antarctic):

• East Gippsland Marine Park
• Beagle Marine Park
• Flinders Marine Park
• Freycinet Marine Park
• Huon Marine Park
• South Tasman Rise Marine Park
• Tasman Fracture Marine Park
• Zeehan Marine Park
• Franklin Marine Park
• Boags Marine Park
• Apollo Marine Park
• Nelson Marine Park
• Murray Marine Park
• Macquarie Island Marine Park.

Figure 2.2 South-east Network

Figure 2.3 Provincial bioregions of the south-east marine region

Figure 2.4 Mesoscale bioregions of the south-east marine region

2.3           Values of the South-east Network

Australian Marine Park ‘values’ are those features within a park that provide focus for protection and park management. Values[3] of the South-east Network are described in different categories below, noting there is often overlap between these categories:

• Natural values – species and the genetic diversity they contain, habitats, ecological communities, ecosystems and geological and geomorphological features within marine parks and the processes that sustain them
• First Nations values – values and features identified by Traditional Owners as important to protect, including, but not limited to, tangible and intangible aspects of culture, knowledge, objects, and natural values, biodiversity and ecosystems
• Other Protected Matters – those matters afforded protection status under other legislation, such as the Underwater Cultural Heritage Act 2018 (Cth), and that occur within the marine parks.

Through effective design and management, the South-east Network can enhance social and economic benefits for people, businesses and the economy, provided by the values within marine parks.

An overview and a summary of values for each park in the South-east Network are set out in Schedule 1. Detailed values information for each park is provided on the Parks Australia website and is updated over time as new information becomes available.

2.3.1     Natural values

There are a range of ways in which we group and define values to inform management within
the South-east Network. These include but are not limited to:

• Ecosystems – a dynamic complex of plant, animal and microorganism communities
  and their non-living environment, interacting as a functional unit. Figure 2.5
  illustrates, and Table 2.1 summarises, the different ecosystem types found
  within the South-east Network
• Key ecological features – elements of the marine environment that are considered to be important for biodiversity or ecosystem function and integrity. Five of the 8 key ecological features of the south-east region occur in the South-east Network, including seamounts east and south of Tasmania; shelf rocky reefs and hard substrate; west Tasmania canyons; upwelling east of Eden; and the east Tasmania subtropical convergence zone
• Biologically important areas – places where aggregations of individuals of a protected species breed, forage or rest during migration. In the South-east Network there are biologically important areas for 14 seabird species, 3 whale species, Australian sea lions and the white shark
• Key natural values – habitats or species that are particularly important from a park management perspective due to their uniqueness, functional importance, vulnerability to pressures, biological productivity, diversity or ability to provide social and economic benefits. Key natural values criteria may be updated throughout the life of this plan and new values recorded as understanding of the parks continues to improve. At the time this plan was made, 13 key natural values have been described (Table S1.2 in Schedule 1).

Image: Deep-sea coral community in Huon Marine Park

Figure 2.5 Representation of the different ecosystem types present in Australian Marine Parks. Ecosystems in black text are present in the South-east Network. Those in light grey text do not occur in the South-east Network.

Table 2.1 Description of ecosystems present in the South-east Network

2.3.2     First Nations values

First Nations Values will be identified collaboratively with Traditional Owners over the implementation of this management plan through the development of values statements to inform management. This process will use methods that respect and uphold the cultural authority, integrity and role of Traditional Owners as knowledge holders and managers of Sea Country.

Examples of First Nations values identified in this plan include:

• Ancient land bridge – Areas that are now under the sea in the South-east Network were part of the landscape used by First Nations people during the late Pleistocene (ice age), before sea levels stabilised at current levels about 7,000 years ago. This large area of submerged paleo-landscape connected Lutruwita (Tasmania) to the mainland and was lived on for thousands of years before it was submerged. The flooding of this Country is also a form of oral tradition, detailed in stories that have been passed down through thousands of generations. Several marine parks overlap with this submerged
  paleo-landscape, including Beagle, Flinders and Apollo Marine Parks.
• Culturally significant species – Many areas of the South-east Network are important for culturally significant species. Mutton birds, seals and whales are wide-ranging animals that feed in and migrate through many parks in the network. First Nations people have a cultural obligation to care for these and other marine animal resources. Coastal marine environments and offshore marine environments are also interconnected, and the marine parks in the South-east Network have an important role in supporting inshore marine resources.
• Songlines and stories – First Nations people continue to honour ancient saltwater songlines, migrations, stories and ancestral connections that intersect with areas of the South-east Network. This knowledge is sacred and has been passed from generation to generation.
• Sea Country IPAs  At the time of making this plan the consultation Tayaritja Milaythina Muka Indigenous Protected Area (IPA) overlaps Flinders Marine Park. This is the first Sea Country IPA consultation project in the South-east Network. It extends from north-east Lutruwita/Tasmania over the submerged land bridge and surrounds Tayaritja/Bass Strait Islands. The aim of the Tayaritja Milaythina Muka IPA consultation project is to protect culturally and ecologically important habitats and species.

2.3.3     Other Protected Matters

A number of matters that are protected by specific legislation occur within marine parks and are also afforded protection under this management plan:

• World Heritage  Parts of Macquarie Island Marine Park, from the inshore boundary out to about 16.7 km (the edge of the territorial seas) intersect with the Macquarie Island World Heritage Area, which was listed for its outstanding geological values and wild natural beauty, including large aggregations king penguins, elephant seals and royal penguins – a species endemic to Macquarie Island and the nearby Bishop and Clerk Islets. This area is also on the National Heritage List.
• National and Commonwealth Heritage  The Tasmanian Seamounts Commonwealth Heritage Area lies within the Huon Marine Park. The seamounts were listed because they support a deep-sea benthic community characterised by high biodiversity and endemism and long-lived, slow-growing species vulnerable to disturbance.
• Underwater cultural heritage, including historic shipwrecks  Shipwrecks, sunken aircrafts and other kinds of underwater artefacts can be protected for their cultural heritage significance under the Underwater Cultural Heritage Act 2018.

2.3.4     Social and economic benefits

The values in the South-east Network, when effectively protected, support a range of ecosystem services and provide important social and economic benefits. These social and economic benefits underpin the prosperity and wellbeing of First Nations people and regional communities and contribute to our national economy and prosperity:

• Benefits for Australians – Many Australians derive social benefits from knowing that the marine environment exists in a certain state and is managed effectively (existence value), it is protected for future generations (bequest value), and there is the opportunity to use a particular location in the future for commercial or recreational purposes (option value).
• Commercial fishing – Several valuable and important fisheries operate in the
  South-east Network. These include the Eastern Tuna and Billfish Fishery, the Southern Bluefin Tuna Fishery, the Southern and Eastern Scalefish and Shark Fishery, the Macquarie Island Toothfish Fishery and a range of state-managed fisheries, including octopus, rock lobster, giant crab, scalefish and sardine fisheries. Commercial fishing is an important contributor to regional and local economies, with local ocean produce a drawcard for food tourism in the south-east. Rock lobster and tuna are also major contributors to Australia’s seafood exports.
• Commercial shipping – Shipping routes supporting effective trade and commerce in southern Australia transit through the marine parks, consistent with zoning rules.
• Marine tourism – Marine tourism activities such as charter fishing and wildlife watching can provide unique visitor experiences in offshore marine parks that are often difficult for recreational users to visit. At the time this plan was developed, there was one licensed marine tourism operator in the South-east Network, operating in Beagle Marine Park.
• Offshore mining operations – Exploration and extraction of oil and gas deposits in the south-east marine region contribute to Australia’s transition to Net Zero emissions by 2050. Existing petroleum titles in the network remain accessible to mining operations, but all other areas of the network have been closed to mining.
• Recreational use – Due to the remoteness of many of the parks, recreational use is generally lower compared with near-shore areas, although it may increase during the life of this plan as bigger vessels become more available and more users can travel further offshore. Certain parks, such as Freycinet Marine Park, provide important recreational opportunities for the recreational boating, deep diving and fishing community.
• Scientific use – The South-east Network supports scientific research and monitoring through allowing access to protected areas and providing important scientific reference areas to better understand differences between protected and exploited areas to inform management of the broader marine environment. Under the previous plan, there were on average 8 active authorisations for science activities annually.
• Sea Country connections – The network provides for traditional uses to continue across all zoning, and management provides opportunities for First Nations people to visit and connect with Sea Country that intersects the marine parks.

2.4           Pressures in the South-east Network

Pressures are human-driven processes, events and activities that may impact negatively on marine park values. The pressures on marine park values of the South-east Network are strongly influenced by human activities occurring within the south-east marine region  the most intensely used marine region in Australia.

The pressures in the region are expected to result in increased pressures on the South-east Network over the life of this plan. The range of new and emerging uses are expected to add to the cumulative impacts on marine park values. For example, emerging industries may influence species distributions directly and indirectly through the displacement of other activities into the parks. Climate change is also driving significant ecological change across the south-east marine region and network, including, for example, climate-driven changes in the distribution of species.

Key pressures on values in the South-east Network are outlined below and additional information on pressures is provided on the Parks Australia website.

2.4.1     Climate change

The impacts of climate change on the marine environment are complex and may include longer lasting marine heatwaves, continued rise in sea level, further ocean acidification, changes to ocean currents and eddies, increased storm frequency, and species range extensions or local extinctions. These multifaceted changes have the potential to significantly impact on marine park values. Moreover, climate changes will interact with and amplify other non-climate pressures affecting marine park values.

The marine environments of south-eastern Australia are a global marine warming hotspot  regions where the rate of warming over the past 50 years is in the top 10% globally. The warm, nutrient-poor waters of the East Australian Current extend along the east coast of Tasmania about 350 km further south than in the 1950s. The region has been, and is predicted to continue to be, affected by severe marine heatwaves, with sea surface temperatures greater than 2 degrees above average levels over several months.

This ocean warming is resulting in ‘tropicalisation’ of species (the appearance of species typically found further north) and cool-water species moving further south. The first recorded observations were in about the 1950s, with the arrival of the long-spined sea urchin in the Kent Group of Bass Strait islands, but over time increasing numbers of warmer water species are being observed. The east coast of Tasmania is also experiencing significant declines in the abundance of kelp, particularly cool-water adapted species. It is likely the result of both warmer and more nutrient‑poor waters.

Bleaching of sponges on mesophotic reefs was observed in Flinders Marine Park in 2017  likely associated with a significant marine heatwave in the summer of 2015–2016. It is one of the early reports of bleaching in temperate sponges.

2.4.2     Extraction of living resources

Commonwealth and state government fisheries management agencies are responsible for management of commercial and recreational fishing in the South-east Network, including ensuring sustainable fishing practices. This includes undertaking detailed risk assessments and putting in place a range of measures to reduce bycatch and other impacts on the marine environment. Fishing, including illegal, unregulated and unreported fishing, can modify natural populations of target species. Bycatch of non-target species and/or physical disturbance to habitats can result from certain fishing methods and may therefore impact on marine park values.

Illegal fishing by foreign fishing vessels in remote offshore green National Park Zones that
extend to the boundary of Australia’s Exclusive Economic Zone, such as Macquarie Island Marine Park and South Tasman Rise Marine Park, is a risk to values in these parks. Partnerships with other government agencies with sea and air patrol capability support Parks Australia to manage this risk.

2.4.3     Physical disturbance

Habitats in marine parks can be impacted through physical disturbance such as anchoring, fishing activities or installation of infrastructure  for example, telecommunications or power generation submarine cables. Physical disturbance can directly damage or remove habitat or indirectly affect benthic flora and fauna through suspended sediments causing localised smothering and or reducing the quality and quantity of light received at the seabed.

Wildlife can be impacted by human presence through either direct impacts, such as vessels colliding with wildlife (known as vessel strike), or indirect impacts, such as changes to the natural behaviour of wildlife such as breeding, feeding or resting.

2.4.4     Invasive species

Invasive species can be pathogens that cause disease, exotic marine pests or overabundant native species.

Potential sources of invasive species include climate-driven range changes, vessel ballast and bilge water discharge, vessel biofouling and accidental or deliberate transport of species. Shallower water ecosystems and native species are particularly vulnerable to invasive species. They can impact these values directly, through disease, predation or damaging important habitats; and indirectly, through competition with native species for habitat and food.

The long-spined sea urchin, a range-extending native species, commonly behaves as an invasive species by forming large aggregations that transform kelp habitats into urchin barrens. Long-spined sea urchins have been observed on mesophotic reefs in the north-west of Flinders Marine Park and the centre of Beagle Marine Park.

At the time of making this plan, the only known exotic marine species in the network is in Beagle Marine Park, where there are extensive beds of the introduced New Zealand screw shell, which may be altering the preferred habitat of native doughboy scallops.
 

2.4.5     Marine pollution

Marine and land-based activities have the potential to result in marine pollution which may impact on marine park values. Pollution includes the emission of noise or light, marine debris (for example, plastics and lost fishing gear) and discharge of oil, noxious substances (including chemicals and heavy metals) or sewage waste. Pollution can be detrimental to marine life, causing contamination of ecosystems and entanglement, or can be ingested by marine species. Noise pollution from anthropogenic sound can disrupt species behaviour and methods of communication.

3.         Approach to management

Image: Large aggregations of Port Jackson sharks occur in Beagle Marine Park (Institute for Marine and Antarctic Studies)

3.1           Park management overview

Park management is focused on the protection and conservation of values and, depending on zoning providing for ecologically sustainable use of the values. The Director achieves this by undertaking management actions, primarily to minimise the pressures on the values (Figure 3.1). Management actions include prescriptions, that is, the zoning and rules for activities specified in Chapter 4 of this plan. Additionally, other management actions outlined in Section 3.4 of this plan underpin the effective management of the parks.

The Director works closely in partnership with First Nations people, government agencies, marine park users and stakeholders to deliver a range of management actions. This partnership approach is essential to managing the marine parks and is outlined further in Section 3.3 of
this plan.

The values in the South-east Marine Parks Network (South-east Network) are subject to a range of cumulative impacts, including from broadscale pressures such as climate change. The Director acknowledges that park management may have limited direct influence on these broadscale pressures and that some ecological change may be unavoidable in the long term. The protection afforded by marine parks aims to increase resilience. In some cases, it may be possible and appropriate to implement park management actions at a localised level to help resist these ecological changes, improve ecosystem resilience or direct ecological change to a more desirable state. However, many interventions will not be feasible in deep, remote, offshore marine environments. In these cases, park management may focus on monitoring the impacts of broadscale pressures on marine park values to contribute to national responses.

When values are in good condition, they best support social and economic benefits – primarily by users who access and enjoy the natural resources in the parks. However, if levels of use are too high, or activities too damaging, these activities can become pressures and park values are at risk of becoming degraded. The condition of values can also be affected by a range of external biophysical and social and economic drivers (for example, oceanic currents, fuel prices, fish market prices) which are typically unable to be influenced by park management actions. However, these variables are important context to be aware of when trying to assess the effectiveness of different management approaches.

Figure 3.1 Australian Marine Park management model. The model shows the relationships between management actions, pressures, values, benefits and external drivers.

Parks Australia manages the Australian Marine Parks using an adaptive approach, consistent with Australia’s IUCN reserve management principles (Section 4.1). Effective and adaptive management is a systematic process for continual improvement that involves ongoing monitoring of management actions, evaluating their effectiveness in achieving stated objectives and adjusting management accordingly. Section 3.5 of this plan describes how the Director will monitor, evaluate and report on this plan to enable adaptive management of the marine parks.

3.2           Ways of working

In managing the South-east Network, the Director and Parks Australia staff will strive to be:

• Respectful – of the Traditional Owners of the sea, First Nations people, marine park users, stakeholders and other government agencies
• Collaborative – seeking to co-design management actions and systems wherever possible and manage in consultation with First Nations people and marine park users
• Balanced – focused on protecting natural and cultural values, while facilitating sustainable use and enjoyment of marine parks
• Outcomes-based – considering outcomes for natural and cultural values and social
  and economic benefits of the South-east Network when making decisions about activities
• Adaptive – encouraging innovation, accommodating new information about values, pressures, and technologies, and allowing for continual improvement in management
• Evidence- and risk-based – using information to guide management and
  decision-making, including evidence gathered through monitoring, research,
  evaluation and reporting
• Proactive – taking proactive action to protect the South-east Network from pressures,
  to minimise damage, and to improve resilience wherever possible
• Efficient and effective – minimising regulatory burden and costs on businesses and individuals, including by using assessment and approval mechanisms of other government agencies, while enforcing the rules established in this plan.

3.3           Partnerships

Effective management of the South-east Network will be achieved by working with First Nations people, marine park users and stakeholders, and other government agencies through a range of partnership arrangements. Section 1.7 of this plan describes in more detail, the approach to partnering with Sea Country Traditional Owners.

Partnerships with government agencies

The Director will continue working in partnership with Commonwealth government agencies with critical roles in managing and understanding Australia’s marine environment, including the Australian Fisheries Management Authority; Department of Agriculture, Fisheries and Forestry; Australian Maritime Safety Authority; Department of Defence; Geoscience Australia; Australian Antarctic Division; Australian Border Force; National Offshore Petroleum Safety and Environmental Management Authority; Offshore Infrastructure Regulator; Department of Industry, Science and Resources; and Australian Space Agency.

The Director will also build on partnerships with the Tasmanian, Victorian and South Australian fisheries and marine park agencies and research institutions that support the day-to-day management of the South-east Network, while supporting a consistent approach to managing marine parks around Australia.

Partnerships with marine park users and stakeholders

To support collaborative management and achieve the vision for marine parks, the Director will work closely with marine park users and stakeholders to design and deliver management actions. This could include working with national, state/territory or local groups with an interest in the ongoing management of the South-east Network on a range of activities such as monitoring, citizen science, workshops, communications and outreach.

Advisory committees are a mechanism that can support the Director in effectively managing the marine parks by advising on implementation of this management plan and community and park user views, identifying knowledge gaps and assessing the impact of different management interventions.

The Director will establish a non-statutory South-east Marine Parks Advisory Committee, with membership available to a wide range of individuals interested and engaged in the ongoing management of the South-east Network. The Director will regularly review the function of this advisory committee during the life of this plan and may put in place different arrangements to better engage stakeholders in management.

3.4           Desired outcomes and management programs

Desired outcomes state what the Director aims to accomplish over the life of this management plan. They are a specific and measurable link between the management plan objectives and management actions. The desired outcomes in this plan are set at a high level due to the diversity of the 14 marine parks in the South-east Network. Over time, more specific and detailed desired outcomes may be developed at park and/or zone levels outside this plan.

To achieve each desired outcome, actions across a range of management programs will be required. Similarly, effective delivery of a management program can contribute to multiple desired outcomes.

Subject to resource availability, the Director will implement 4 management programs and associated actions to achieve desired outcomes (Table 3.1).

The management programs are:

• First Nations connections and partnerships  The First Nations connections and partnerships program will manage Sea Country in partnership with First Nations people. It will be informed by the extent of Sea Country in the South-east Network, the aspirations of First Nations people, and the capacity of organisations to participate in marine park management. For some parks, where there is limited understanding of First Nations connections to Sea Country, program actions will seek to improve understanding of these connections and aspirations for Sea Country. For other parks, where Sea Country connections are clearer, actions will seek to support First Nations people’s engagement with management, recognising that Traditional Owners have interests in all aspects
  of management. Feedback from Traditional Owners has shaped actions across all
  4 programs.

• Protection and resilience  The protection and resilience program will provide for ecologically sustainable use of the marine parks through transparent assessment and authorisations mechanisms, to enforce the rules set out in this plan and to manage and minimise the impacts of pressures on park values. The program may include actions to support ecosystem adaptation and resilience.

• Science and management effectiveness  The science and management effectiveness program will provide the necessary scientific knowledge to inform adaptive management. This includes actions to improve understanding of marine park values, pressures, drivers and the effectiveness of management actions. Varying levels of knowledge exist across the network, with long-term monitoring programs in place in some parks, while knowledge of other parks is still relatively low.

• Communication and engagement  The communication and engagement program will improve public awareness of marine park values and understanding of the rules in place to manage them, particularly as they apply to different user groups. In commencing this second management plan for the South-east Network, there remains scope for improving the awareness of the marine parks amongst coastal communities in the region and the broader Australian public. This program also seeks to build stakeholder participation in, and support for, marine park management.

The actions in Table 3.1 below describe the general bodies of work to be delivered over the life of the plan and may need to be adapted as new information and approaches become available. This will occur in consultation with the advisory committee, First Nations people and stakeholders. More specific actions will be identified and delivered through an annual operational planning cycle and in response to new information.

Table 3.1 Management programs and desired outcomes for the South-east Network

3.5           Monitoring and evaluation

Assessing management effectiveness for the Australian Marine Parks requires consideration
of values, benefits, pressures and management approaches, all within the context of various external drivers.

The Director will undertake periodic monitoring, evaluation and reporting on the implementation of this plan to:

• identify changes in management context and priorities
• prioritise future management actions
• consider the adequacy of knowledge of marine park values, benefits, pressures and management approaches
• determine the effectiveness of management actions in achieving objectives, desired outcomes and goals
• review the effectiveness of zoning and associated rules in achieving park objectives
• inform the development of a new management plan for the South-east Network at the conclusion of this plan.

Monitoring, evaluation and reporting will occur over the life of this management plan in a manner that ensures park managers, the advisory committee, First Nations people and stakeholders have access to relevant information about park and management performance, consistent with the points outlined above. Specific reporting arrangements will be developed to meet these diverse needs, while also supporting the Director’s overall annual corporate planning and performance reporting requirements.

In the final stages of this management plan, a comprehensive review will be undertaken
to evaluate the effectiveness of this plan and inform the third management plan for the
South-east Network.

4.         Zoning and activity prescriptions

Image: Fishing fleet (Department of Climate Change, Energy, the Environment and Water)

4.1           Zone categories, names and objectives

Zoning and related prescriptions for managing activities are important tools to ensure protection of marine park values, while enabling different types of use. In determining the zones and rules, the Director has considered the best available science, the advice of stakeholders and First Nations groups (including through formal statutory consultations), the goals and principles of the National Representative System of Marine Protected Areas, and the Australian IUCN reserve management principles.

Effective marine park management requires the implementation of management programs
and actions (described in Chapter 3) to fully give effect to the zoning and rules described in
this chapter.

The EPBC Act requires this plan to assign an IUCN category to each marine park. The EPBC Act also allows this plan to further divide a marine park into zones and to assign a category to each zone, which may differ from the overall category of the marine park.

This section (4.1) assigns an IUCN category to each marine park of the South-east Network, divides some marine parks into zones with their own category and sets out the objectives for each zone (Table 4.1). Zoning takes into account the purposes for which the marine parks were declared, the objectives of this plan (Section 1.6), the values of the network (Section 2.3 and Schedule 1), and the requirements of the EPBC Act and Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations). Figure 4.1 and the maps in Schedule 1 show the zones assigned to the South-east Network, Schedule 3 describes the park boundaries and zones assigned, and the management approach applied to activities within these zones is provided in Section 4.3 (Prescriptions for activities). An overview of the South-east Network marine parks and zones is provided in Schedule 1, Table S1.1.

Prescriptions

1.          Each marine park in the South-east Network specified in Table 4.1 is assigned to the IUCN category specified in column 2 of Table 4.1.
2.                      Apollo, Boags, East Gippsland, Nelson and South Tasman Rise Marine Parks are given the zone name specified in column 3 of Table 4.1, adjacent to the name of the marine park (column 1).
3.                      Beagle, Flinders, Franklin, Freycinet, Huon, Macquarie Island, Murray, Tasman Fracture and Zeehan Marine Parks are each divided into the zones shown in Figure 4.1 and more specifically shown in marine park maps in Schedule 1 and described in Schedule 3. Each zone is assigned to an IUCN category and given the zone name specified in column 3 of Table 4.1, adjacent to the name of the marine park (column 1).
4.                      The objective of a Multiple Use Zone (VI) is to provide for ecologically sustainable use and the conservation of ecosystems, habitats and native species.
5.                      The objective of a Special Purpose Zone (VI) is to provide for ecologically sustainable use and the conservation of ecosystems, habitats and native species, while providing for the continued use of existing mining rights.
6.                      The objective of a Habitat Protection Zone (IV) is to provide for the conservation of ecosystems, habitats and native species in as natural a state as possible, while allowing activities that do not harm or cause destruction to seafloor habitats.
7.                      The objective of a Habitat Protection Zone (Macquarie) (IV) is to provide for the conservation of ecosystems, habitats and native species in as natural state as possible, while allowing activities that do not harm or cause destruction to pelagic environments.
8.                      The objective of a Recreational Use Zone (IV) is to provide for the conservation of ecosystems, habitats and native species in as natural a state as possible, while providing for recreational use.
9.                      The objective of a National Park Zone (II) is to provide for the protection and conservation of ecosystems, habitats and native species in as natural a state as possible.
10.                  The objective of a Sanctuary Zone (Ia) is to provide for the conservation of ecosystems, habitats and native species in as natural and undisturbed a state as possible.

Table 4.1 South-east Network zoning and marine park management categories

✓ Zone is assigned to the marine park named in column 1. Prescriptions 4.1.2 and 4.1.3 of this plan explain the assignment of zones.

Note: The South-east Network has 2 types of Habitat Protection Zone (IV): Habitat Protection Zone (IV) and Habitat Protection Zone (Macquarie) (IV). The variation in management approach for this zone category is prescribed in Section 4.3 (Prescriptions for activities).

Figure 4.1 South-east Network zoning

4.2           Managing activities

This plan enables a range of activities to be carried out in the South-east Network that would otherwise be prohibited or controlled by Division 4 of Part 15 of the EPBC Act and Part 12 of the EPBC Regulations.

Chapter 4 sets out, for marine parks of the South-east Network, which activities are:

1.       allowed, without the need for separate authorisation, where consistent with IUCN zone objectives (Section 4.1) and carried out in accordance with this chapter
2.       allowable and able to be carried out if a separate authorisation is issued (Section 4.5 Authorisation of activities); or
3.       not allowed, because they are not consistent with zone objectives (Section 4.1).

Chapter 4 also sets out:

1.       the assessment and decision-making process for authorising an activity (Section 4.4 Making decisions about activities)
2.       the types of authorisations that may be issued (permits, class approvals, activity licences and leases) (Section 4.5 Authorisation of activities)
3.       how activities must be undertaken in the South-east Network (Section 4.3 Prescriptions for activities).

The prescriptions support an adaptive management approach to respond to new information. Any changes to the management of activities would be made in accordance with Section 4.4.1 (Decision-making). The Director may provide additional guidance (for example, consultation guidelines) outside this plan to support the assessment process.

Under the EPBC Regulations, the Director may make a determination to place additional restrictions on activities that are allowed or allowable according to this plan, if park objectives are not being met.

In accordance with section 359A of the EPBC Act, this plan does not prevent Indigenous people from continuing, in accordance with law, the traditional use of an area in a marine park for non‑commercial hunting or food gathering and for ceremonial and religious purposes. Section 8 of the EPBC Act provides that this plan does not affect the operation of the Native Title Act 1993 (Cth), which also includes provisions that preserve customary rights to use land and waters (Schedule 2).

4.2.1     Environmental approvals and other applicable laws

Depending on the type of activity, other provisions of the EPBC Act, EPBC Regulations or other legislation (for example, fisheries laws) may also apply to an allowed or allowable activity (Schedule 2).

It is the responsibility of the person proposing to take the action to obtain any required approvals under the EPBC Act, EPBC Regulations or other legislation. This includes:

• determining whether the proposed action should be referred to the Minister in accordance with Parts 7 and 8 of the EPBC Act to determine whether it is a controlled action
• if it is a controlled action, obtaining the required approvals for the action under Part 9 of the EPBC Act.

The Director may also refer a proposed action to the Minister to determine whether it is a controlled action under Parts 7 and 8 of the EPBC Act.

Interactions with cetaceans such as whales, dolphins and porpoises in the Australian Whale Sanctuary (which the South-east Network is a part of) are additionally, and separately, regulated under Part 8 of the EPBC Regulations. This plan does not purport to provide authorisation or exemption for any offences under Part 8 of the EPBC Regulations for commercial tourism activity taking place in any section of the South-east Network that overlaps with the Australian Whale Sanctuary.

4.3           Prescriptions for activities

This plan enables activities to be carried out in zones consistent with the zone objectives (Section 4.1) while enabling the impacts to be effectively managed. Prescriptions for these activities are summarised in Table 4.2.

The prescriptions in this plan relate to activities that are either:

1.       not regulated by the EPBC Act or Regulations and need to be regulated to meet the objectives of this plan, or
2.       prohibited by the EPBC Act or Regulations but enabled by this plan, which overrides the offence provisions in relation to those activities set out in the EPBC Act and Regulations (section 362(3) of the EPBC Act).

For activities not regulated under this plan, the EPBC Act and Regulations continue to set out the rules in the South-east Network (Section 2.1.3 in Schedule 2 provides an overview of activities regulated in Commonwealth reserves). In broad terms, these activities are prohibited by the EPBC Act and Regulations, unless an exemption applies.

All activity tables in this chapter should be read in conjunction with the relevant prescriptions.

Table 4.2 Summary of prescriptions for activities in the South-east Network (Note: this is a high-level summary table. For detailed prescriptions, refer to Sections 4.3.1–4.3.14).

✓ Activity is allowed in accordance with the prescriptions of this plan without the need for a permit, class approval or activity licence or lease issued by the Director.

x Activity is not allowed.

A Authorisation is required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director.

xP Only allowable in Zeehan Marine Park, where the activity is within an Existing petroleum title that was granted under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) prior to the commencement of this plan, or subsequent title in the same area.

4.3.1     General use, access and waste management

This section (4.3.1) applies to all marine park users of the South-east Network, including those carrying out activities provided for under this plan. These are summarised in Table 4.3.

The EPBC Act and EPBC Regulations permit or enable the Director to control a range of activities in marine parks. Some provisions apply to particular classes of activities, such as commercial activities, mining operations or research. Other provisions (Schedule 2) relate to activities generally and include provisions enabling the Director to:

• determine 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

✓ Activity is allowed in accordance with the prescriptions of this plan without the need for a permit, class approval or activity licence or lease issued by the Director.

A  Authorisation required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director.

x  Activity is not allowed.

xC Anchoring is not allowed except in anchoring areas determined under regulation 12.56 of the EPBC Regulations.

Prescriptions

4.3.1.1               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.

4.3.1.2               Vessels may transit through the South-east Network except the Sanctuary Zone (Ia) for the purpose of conducting activities in or outside the network, subject to compliance with the prescriptions in this section (4.3.1) and relevant prescriptions in Sections 4.3.2–4.3.13 relating to specific activities.

4.3.1.3               Vessels may stop and anchor:

a)      in a Multiple Use Zone (VI) and Special Purpose Zone (VI)

b)      in anchoring areas determined under regulation 12.56 of the EPBC Regulations in a Habitat Protection Zone (IV), Habitat Protection Zone (Macquarie) (IV), Recreational Use Zone (IV) and National Park Zone (II).

4.3.1.4               The limitations on anchoring in this section (4.3.1) do not apply to anchoring that occurs as part of activities that are allowed or allowable under Sections 4.3.24.3.12 of this plan and regulation 12.56 of the EPBC Regulations.

4.3.1.5               Disposal of domestic and industrial waste may be carried out in a Multiple Use Zone (VI) or Special Purpose Zone (VI) in the South-east Network under:

a)      a permit issued under Section 4.5.2 (Permits)

b)      a class approval issued under Section 4.5.3 (Class approvals)

c)      an activity licence issued under Section 4.5.4 (Activity licences and leases) to a person who is not covered by a class approval.

4.3.1.6               Without limiting Section 4.3.1.5, the disposal of domestic and industrial waste must also comply with any determinations made under regulations 12.14–12.14B of the EPBC Regulations.

4.3.1.7               Waste from normal vessel operations must be disposed of in accordance with the relevant requirements of MARPOL as it exists in force on the date this plan comes into effect.

4.3.1.8               Ballast water can only be discharged or exchanged if in compliance with the Biosecurity Act 2015 (Cth).

4.3.1.9               Disposal of waste in connection with activities authorised under Section 4.3.11 (Structures and works) will be managed in accordance with that section.

4.3.1.10           Overnight stays on vessels do not require a permit to camp.

4.3.1.11           Remotely piloted aircraft may be operated for non-commercial purposes in all zones;

a)      without further authorisation from the Director, except in a Sanctuary Zone (Ia), where it is not permitted at all, and

b)      subject to Sections 4.3.1.13 and 4.3.1.14

4.3.1.12           Remotely piloted aircraft may be operated for commercial purposes;

a)      in accordance with a relevant authorisation granted for an activity in Sections 4.3.2–4.3.14, and

b)      subject to Sections 4.3.1.13 and 4.3.1.14.

4.3.1.13           All remotely piloted aircraft will need to be in accordance with and subject to:

a)      applicable aviation safety laws as administered by the Civil Aviation Safety Authority

b)      relevant provisions of Part 8 of the EPBC Regulations relating to whale watching and other interactions with cetaceans

c)      other Commonwealth and state legislation relevant to remotely piloted aircraft

d)      any relevant determinations made under the EPBC Regulations.

4.3.1.14           Pilots of remotely piloted aircraft must ensure their aircraft:

a)      does not approach birds from higher than a 60-degree angle or at speeds exceeding 3 m per second,

b)      is launched and operated as far as practicable from groups of birds and nesting birds, and

c)      is immediately landed if wildlife exhibits signs of disturbance for example fleeing, sudden alteration of course or direction, attacking the remotely piloted aircraft (drone) or being put to flight.

4.3.2     Commercial fishing

This section (4.3.2) sets out the rules for commercial fishing activities in the South-east Network, including the types of fishing gear and methods allowed in different zones and requirements for real-time location data. These are summarised in Table 4.4.

Commercial fishing is managed for sustainability by the Australian Government and state and territory fisheries management agencies. In the South-east Network, commercial fishing is
subject to regulation under the Fisheries Management Act 1991 (Cth), or South Australian, Tasmanian or Victorian fisheries laws (under arrangements made under Part V of the Fisheries Management Act).

Table 4.4 Summary of prescriptions for commercial fishing activities in the
South-east Network

A Authorisation is required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence issued by the Director.

x Activity is not allowed.

Note: Commercial fishing methods not listed in Table 4.5 will require assessment and approval in accordance with Section 4.3.14 (New activities and authorisations).

Note: A class approval or activity licence may be varied under Section 4.5 (Authorisation of activities) to specify additional fishing methods and gear types following satisfactory assessment in accordance with Section 4.4.1 (Decision-making).

Note: Transit by commercial fishing vessels will be managed in accordance with Section 4.3.1 (General use, access and waste management) and prescriptions 4.3.2.4 and 4.3.2.6 in this section. Anchoring is allowed as part of activities authorised under this section (4.3.2).

Note: Research in connection with commercial fishing activities will be managed in accordance with Section 4.3.12 (Research and monitoring).

Prescriptions

4.3.2.1               Commercial fishing activities must only be carried out in a Multiple Use Zone (VI), Habitat Protection Zone (IV), or Habitat Protection Zone (Macquarie) (IV), and are subject to the prescriptions in this section (4.3.2).

4.3.2.2               Commercial fishing activities (including fish processing and the towing of caught fish) may be carried out in the South-east Network under:

a)      a permit issued under Section 4.5.2 (Permits)

b)      a class approval issued under Section 4.5.3 (Class approvals)

c)      an activity licence issued under Section 4.5.4 (Activity licences and leases) to a person who is not covered by a class approval.

4.3.2.3               Without limiting prescription 4.3.2.2, all commercial fishing activities must also comply with:

a)      the prescriptions in Section 4.3.1 (General use, access and waste management), where applicable,

b)      any determinations made under regulation 12.34 of the EPBC Regulations, and

c)      any commercial fishing concession issued under Commonwealth, state or territory fisheries laws to the extent those laws are capable of operating concurrently with this plan.

4.3.2.4               All commercial fishing vessels are required to provide real-time location data when operating or transiting through an Australian Marine Park in accordance with the conditions of the relevant class approval.

4.3.2.5               Where commercial fishing activities involve the below, the following prescriptions apply:

a)      The following fishing gear must not be used anywhere in the network:

i.            Danish seine

ii.            net (pelagic)

iii.            scallop dredging

iv.            trawl (demersal).

b)      Towing of caught fish and fish processing may be carried out in all zones except a Sanctuary Zone (IUCN Ia), in accordance with any conditions in an approval granted under Section 4.5.

c)      Longline (demersal, auto-longline) and traps and pots may only be used in a Multiple Use Zone (VI) and Habitat Protection Zone (Macquarie) (IV).

d)      Hand collection, hand net, longline (pelagic), minor line, purse seine and midwater trawl may only be used in a Multiple Use Zone (VI) and Habitat Protection Zone (IV).

e)      dropline, net (demersal) and trotline may only be used in a Multiple Use
Zone (VI).

4.3.2.6               Fishing gear that is:

a)      not allowed in the South-east Network (4.3.2.5(a)) or a certain zone within the South-east Network (4.3.2.5(c)(e))

b)      not specified in a permit, class approval or activity licence as gear that may be used, or

c)      prohibited by a determination under regulation 12.34 of the EPBC Regulations,

must be kept stowed and secured at all times during transit through, or while stopping and anchoring in, zones in which that gear is not allowed.

4.3.3     Commercial aquaculture

This section (4.3.3) sets out the rules for commercial aquaculture in the South-east Network. These are summarised in Table 4.5.

Commercial aquaculture in the region is managed under Victorian, Tasmanian and South Australian laws. These laws apply to the extent that they can operate consistently with the
EPBC Act, the EPBC Regulations and this plan.

Commercial intensive aquaculture is not allowed in the South-east Network.

The Director may make determinations under regulation 12.34 of the EPBC Regulations relating to the conduct of commercial aquaculture.

Table 4.5 Summary of prescriptions for commercial aquaculture activities in the
South-east Network

A Authorisation is required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence issued by the Director.

x Activity is not allowed.

Note: Examples of commercial aquaculture (other) may include seaweed, shellfish or bivalves.

Note: Anchor and transit by commercial aquaculture vessels will be managed in accordance with Section 4.3.1 (General use, access and waste management) and prescription 4.3.3.5.

Note: Cage towing will be managed in accordance with Section 4.3.2 (Commercial fishing).

Note: Research in connection with commercial aquaculture activities will be managed in accordance with Section 4.3.12 (Research and monitoring).

Prescriptions

1.                Commercial intensive aquaculture is not allowed in the South-east Network.
2.                Commercial aquaculture (that does not include intensive aquaculture) may be carried out in a Multiple Use Zone (VI) and Habitat Protection Zone (IV) and is subject to the prescriptions in this section (4.3.3).
3.                Commercial aquaculture (that does not include intensive aquaculture) may only be carried out under:

a)      a class approval issued under Section 4.5.3 (Class approvals), or

b)      an activity licence or lease issued under Section 4.5.4 (Activity licences and leases).

1.                Without limiting prescription 4.3.3.3, commercial aquaculture (that does not include intensive aquaculture) must be carried out in accordance with:

a)      any determinations made under regulation 12.34 of the EPBC Regulations, and

b)      any applicable Commonwealth and state laws to the extent those laws are capable of operating concurrently with this plan.

1.                Commercial aquaculture equipment not authorised for use by a class approval or activity licence as gear that may be used or that is prohibited by a determination under regulation 12.34 of the EPBC Regulations must be kept stowed and secured at all times during transit through, or while stopping and anchoring in, zones in which that gear is not allowed.

4.3.4     Commercial tourism (includes charter fishing tours)

This section (4.3.4) sets out the rules for commercial tourism in the South-east Network. These are summarised in Table 4.6.

Table 4.6 Summary of prescriptions for commercial tourism (includes charter fishing tours) in the South-east Network

A Authorisation is required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director.

x Activity is not allowed.

Note: Transit by commercial tourism vessels will be managed in accordance with Section 4.3.1 (General use, access and waste management) and prescription 4.3.4.4. Anchoring is allowed as part of activities authorised under this section (4.3.4).

Note: The prescriptions in Section 4.3.6 (Recreational use) apply to the clients of charter fishing tours.

Note: The prescriptions in Section 4.3.11 (Structures and works) apply to the installation and maintenance of moorings and other structures and works as part of commercial tourism activities.

Note: The EPBC Act and EPBC Regulations do not apply to commercial aviation tours in airspace over 3,000 m above sea level.

Prescriptions

4.3.4.1               Commercial tours, other than aviation tours up to 3,000 m above
sea level and charter fishing tours, can be carried out in all zones except the Sanctuary Zone (Ia).

4.3.4.2               Commercial aviation tours up to 3,000 m above sea level can be carried out in
all zones.

4.3.4.3               Commercial charter fishing tours can be carried out in all zones except the Special Purpose Zone (VI), National Park Zone (II) and Sanctuary Zone (Ia).

4.3.4.4               Commercial tourism activities, including aviation tours carried out in the airspace up to 3,000 m above sea level and charter fishing tours, may only be carried out in the South-east Network in accordance with and subject to:

a)      a permit issued under Section 4.5.2 (Permits),

b)      a class approval issued under Section 4.5.3 (Class approvals), or

c)      an activity licence or lease issued under Section 4.5.4 (Activity licences and leases).

4.3.4.5               Without limiting prescription 4.3.4.4, all commercial tourism activities must comply with:

a)      the prescriptions in Section 4.3.1 (General use, access and waste management) where applicable, and

b)      if the commercial tourism activity involves charter fishing – the prescriptions in Section 4.3.6 (Recreational use).

4.3.4.6               Fishing gear on charter fishing vessels must be kept stowed and secured at all times during transit through, or stopping and anchoring in, zones in which charter fishing tours are not allowed.

4.3.5     Commercial media

This section (4.3.5) sets out the rules for commercial media in the South-east Network. These are summarised in Table 4.7.

Table 4.7 Summary of prescriptions for commercial media activities in the
South-east Network

✓ Activity is allowed in accordance with the prescriptions of this plan without the need for a permit, class approval or activity licence or lease issued by the Director.

A Authorisation is required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director.

Note: Transit by commercial media vessels will be managed in accordance with Section 4.3.1 (General use, access and waste management).

Note: Anchoring is allowed as part of activities allowed or authorised under this section (4.3.5).

Prescriptions

4.3.5.1               Commercial media activities, other than reporting news of the day, can only be carried out under:

a)      a permit issued under Section 4.5.2 (Permits)

b)      an activity licence issued under Section 4.5.4 (Activity licences and leases).

4.3.5.2               Without limiting prescription 4.3.5.1, all commercial media activity must comply with the prescriptions in Section 4.3.1 (General use, access and waste management).

4.3.5.3               Commercial media activities for the purposes of reporting news of the day may be undertaken without an authorisation. However, persons undertaking news of the day reporting must comply with any written or verbal directions issued by the Director in relation to the conduct of those activities.

4.3.6     Recreational use (including fishing)

This section (4.3.6) sets out the rules for recreational use (including non-commercial fishing) in the South-east Network. These are summarised in Table 4.8.

Table 4.8 Summary of prescriptions for recreational use (including fishing) activities in the South-east Network

 Activity is allowed in accordance with the prescriptions of this plan without the need for a permit, class approval or activity licence or lease issued by the Director.

x Activity is not allowed.

Note: Transit by recreational use vessels will be managed in accordance with Section 4.3.1 (General use, access and waste management) and prescription 4.3.6.6.

Note: Anchoring is allowed as part of activities allowed under this section (4.3.6).

Note: Research in connection with recreational fishing will be managed in accordance with Section 4.3.12 (Research and monitoring).

Prescriptions

4.3.6.1               Recreational use (including fishing) may be carried out in the South-east Network in accordance with:

a)      the prescriptions in Section 4.3.1 (General use, access and waste management)

b)      any determinations made under regulation 12.35 of the EPBC Regulations.

4.3.6.2               Recreational use that is not fishing may be carried out in all zones except the Sanctuary Zone (Ia).

4.3.6.3               Recreational fishing may be carried out in all zones except the Special Purpose Zone (VI), National Park Zone (II) and Sanctuary Zone (Ia).

4.3.6.4               Recreational fishing must be carried out in accordance with relevant laws of South Australia, Tasmania or Victoria applying to the area of the South-east Network in which the activity is carried out to the extent those laws are capable of operating concurrently with this plan.

4.3.6.5               Fishing gear must be kept stowed and secured at all times during transit through, or stopping and anchoring in, zones in which recreational fishing is not allowed.

4.3.7     Offshore wind energy operations

This section (4.3.7) sets out the rules for offshore wind energy operations and infrastructure (including substations, infrastructure related to research and demonstration licences, generation and intra-field infrastructure, instrument moorings, and geotechnical drilling and coring) in the South-east Network. These are summarised in Table 4.9.

Offshore wind energy operations and infrastructure are not allowed anywhere in the South-east Network. The construction and operation of transmission cables that have a licence issued under the Offshore Electricity Infrastructure Act 2021 (Cth) may be carried out in accordance with Section 4.3.11 (Structures and works).

Table 4.9 Summary of prescriptions for renewable energy operations in the
South-east Network

x Activity is not allowed.

Note: Transit and anchor by offshore wind operational vessels will be managed in accordance with Section 4.3.1 (General use, access and waste management).

Note: Other renewable energy operations (e.g. tidal and wave energy operations and infrastructure) will be assessed and managed under Section 4.3.14 (New activities and authorisations).

Note: Scientific research and environmental monitoring in connection with offshore wind energy operations and infrastructure may be carried out in all zones in accordance with Section 4.3.12 (Research and monitoring).

Note: For the avoidance of doubt, research and monitoring does not include operations or infrastructure related to demonstrating the capabilities of a technology, system or process.

Prescriptions

1.                Offshore wind energy operations and infrastructure (including substations, infrastructure related to research and demonstration licences, generation and intra‑field infrastructure, instrument moorings, and geotechnical drilling and coring for the purpose of installing wind turbines) are not allowed in the South-east Network.
2.                The construction, operation and decommissioning of transmission cables and any associated operations or works (including geotechnical drilling and coring) within the network may be carried out under Section 4.3.11 (Structures and works).

4.3.8     Mining operations (including exploration)

Sections 355 and 355A of the EPBC Act and regulation 12.16 of the EPBC Regulations prohibit mining operations in Australian Marine Parks unless carried out in accordance with a management plan in operation for the marine park.

This section (4.3.8) sets out the rules for mining operations in the South-east Network. These are summarised in Table 4.10.

For the purpose of this plan, ‘mining operations’ has the meaning in section 355(2) of the
EPBC Act and also includes:

• operations or activities connected with, or incidental to, the mining or recovery of minerals or the production of material from minerals,
• exploration, processing, storage and disposal, and the construction of structures for operational purposes, and
• offshore exploration or mining activity as defined in the Offshore Minerals Act 1994 (Cth).

This plan does not affect any mining operations in the South-east Network where:

• the specific mining operation is permitted under a usage right, or any rights arising from the usage right, that was held before the proclamation of the relevant marine parks in the South-east Network (section 359 of the EPBC Act), or
• the Director has approved the specific mining operation under section 359B(2) in a period where there was no management plan in operation in the South-east Network.

Petroleum activities

Petroleum activities authorised by a title granted under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) (OPGGS Act) prior to the commencement of this plan, or a subsequent title in the same area, in Zeehan Marine Park (Existing petroleum titles), may be conducted in accordance with this section (4.3.8) and approval by the Director. This includes petroleum exploration activities under the existing exploration permits and any petroleum exploration and production activities under any subsequent production licence, infrastructure licence, pipeline licence or retention lease, and short-term titles (access authorities (AA) and scientific investigation consents (SIC)) within the authorised areas of the Existing petroleum titles.

Petroleum exploration and production activities will not be authorised in the South-east Network
if they are proposed to be undertaken outside of the authorised areas of Existing petroleum titles. This includes any petroleum exploration permit or special prospecting authority (SPA), granted under the OPGGS Act after the commencement of this plan.

The Director may authorise petroleum activities related to the installation and operation of pipelines in the network in accordance with this section (4.3.8). These include those associated with pipeline licences or AAs granted under the OPGGS Act.

Offshore petroleum activities under the NOPSEMA EPBC Program

The program report, Strategic assessment of the environmental management authorisation process for petroleum and greenhouse gas storage activities administered by the National Offshore Petroleum Safety and Environmental Management Authority under the Offshore Petroleum and Greenhouse Gas Storage Act 2006, was developed in February 2014 to streamline environmental approvals arrangements that are in place for offshore petroleum projects and activities.

The program is administered by the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) and was endorsed by the then Minister for the Environment on 7 February 2014 under Part 10 of the EPBC Act.

On 27 February 2014, the then Minister for the Environment provided a class approval under section 146B of the EPBC Act for the taking of actions in accordance with the program (Minister’s class approval). The effect of this is that actions falling under the Minister’s class approval do not require separate referral, assessment or approval under Chapter 4 of the EPBC Act (subject to any exceptions in the Minister’s class approval).

Petroleum activities may be carried out within the Zeehan Marine Park Multiple Use Zone (VI) and Special Purpose Zone (VI) if the petroleum activity:

• is under an Existing petroleum title (or subsequent title in the existing title area),
• is carried out in accordance with the program, including compliance with any environmental plan accepted by NOPSEMA under the program
• falls within the Minister’s class approval, or
• falls within a class approval issued by the Director under this plan.

In the above circumstances, the activities do not require additional assessment or authorisation by the Director because the endorsed program takes account of impacts and risks to marine park values in a manner that satisfies the Director. Further, where the proposed activity is within an Australian Marine Park or may impact the marine park values, the Director is consulted in the preparation of environmental plans under the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023 (Cth).

Other mining activities

Offshore geological storage of greenhouse gas emissions, such as carbon dioxide, is not allowed in the South-east Network as per Section 4.3.9 (Offshore geological storage of carbon dioxide). Mineral seabed mining is also not allowed in the South-east Network as per prescription 4.3.8.1.

Research that is a mining operation as defined in section 355 of the EPBC Act or is incidental to such an operation is covered by prescriptions in this section (4.3.8). Mining-related research activities that do not require an environment plan under the OPGGS Act are covered by prescriptions in Section 4.3.12 (Research and monitoring).

Table 4.10 Summary of prescriptions for mining operations in the South-east Network

AB Authorisation is required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director. The construction and operation of pipelines associated with petroleum exploration and production, may only be authorised if the Director is satisfied that alternative routes are not feasible or practicable (prescription 4.3.8.8).

x Activity is not allowed.

xP Only allowable in Zeehan Marine Park, where the activity is within an Existing petroleum title that was granted under the OPGGS Act prior to the commencement of this plan, or subsequent title in the same area.

Note: Exploration permits granted under the OPGGS Act prior to the commencement of this management plan may progress to a retention lease or production licence. Activities associated with those subsequent titles (or a relevant short-term title such as an AA or SIC) will be allowable inside Zeehan Marine Park as an existing petroleum title, where they are to be conducted within the original title area.

Note: Proposed mining operations carried out under usage rights that existed immediately before the declaration of a marine park do not require approval from the Director.

Note: Transit by mining vessels will be managed in accordance with Section 4.3.1 (General use, access and waste management). Anchoring is allowed as part of activities authorised under this section (4.3.8).

Note: Scientific research and environmental monitoring in connection with a particular mining operation may be carried out in all zones in accordance with Section 4.3.12 (Research and monitoring).

Note: For the avoidance of doubt, research and monitoring does not include activities or operations for the purpose of prospecting or exploration for minerals.

Prescriptions

1.                Mineral seabed mining is not allowed anywhere in the South-east Network.
2.                Petroleum activities authorised under new petroleum titles that are exploration permits or special prospecting authorities granted after the commencement of this plan are not allowed in the South-east Network.
3.                Petroleum activities to be carried out under Existing petroleum titles (including subsequent titles resulting from an Existing petroleum title such as a retention lease or production licence, or relevant short-term title) may be carried out in the South-east Network subject to prescription 4.3.8.4. These petroleum activities are referred to as ‘Existing petroleum activities’ and include:

a)      those authorised by exploration permits issued under section 98 of the OPGGS Act and any subsequent title that may result from the exploration permit (for example, retention lease, production licence)

b)      access authorities and petroleum scientific investigation consents.

1.                Allowable petroleum activities must only be carried out under:

a)      a permit issued under Section 4.5.2 (Permits)

b)      a class approval issued under Section 4.5.3 (Class approvals), or

c)      an activity licence issued under Section 4.5.4 (Activity licences and leases) for mining operations that are the construction and operation of pipelines.

1.                Without limiting prescription 4.3.8.4, all allowable petroleum activities must comply with the prescriptions in Section 4.3.1 (General use, access and waste management).
2.                Existing petroleum activities, that are not the construction and operation of pipelines, must only be carried out in a Multiple Use Zone (VI) and Special Purpose Zone (VI) in Zeehan Marine Park and subject to prescription 4.3.8.7.
3.                Allowable petroleum activities:

a)      that have been approved under Part 9 of the EPBC Act must be carried out in accordance with conditions of that approval and a class approval issued under Section 4.5.3,

b)      that are approved under the Minister’s class approval must be carried out under a class approval under Section 4.5.3,

c)      that are the subject of a decision under Part 7 of the EPBC Act and are not a controlled action if taken in a particular manner must be carried out under a class approval issued under Section 4.5.3, and

d)      that are not covered by paragraphs a) to c) must be carried out in accordance with an authorisation issued under Section 4.5 (Authorisation of activities).

1.                If the Director is satisfied that alternative routes are not feasible or practicable, construction and operation of pipelines and the carrying out of other activities for the purposes of mining operations (for example, surveys) can be carried out in all zones in the network except the Sanctuary Zone (Ia) under an authorisation issued by the Director under Section 4.5 (Authorisations of activities).
2.                Allowable petroleum activities, including the construction and operation of pipelines, must be carried out in accordance with relevant Commonwealth legislation to the extent those laws can operate concurrently with this plan.
3.            Actions required to respond to oil pollution incidents, including environmental monitoring and remediation, in connection with mining operations authorised under the OPGGS Act may be carried out in all zones without an authorisation issued by the Director and in accordance with Section 4.3.13 (National security and emergency response).

4.3.9     Offshore geological storage of carbon dioxide

This section (4.3.9) sets out the rules for offshore geological storage operations in the South-east Network. These are summarised in Table 4.11. Geological storage operations are the permanent storage of carbon dioxide under the seabed and are not allowed anywhere in the South-east Network.

Geological storage operations within Commonwealth waters are regulated by the OPGGS Act and Environmental Protection (Sea Dumping) Act 1981 (Cth) (Sea Dumping Act) (Schedule 2) and associated regulations. Carbon capture and storage operations that are likely to have an impact on Matters of National Environmental Significance are also subject to the referral, assessment and approval provisions of Chapters 7 to 9 of the EPBC Act. At the time of commencement of this plan, no greenhouse gas titles (granted under the OPGGS Act) intersect with the South-east Network.

Table 4.11 Summary of prescriptions for greenhouse gas storage operations in the
South-east Network

AB Authorisation is required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director. The construction and operation of pipelines associated with geological storage, may only be authorised if the Director is satisfied that alternative routes are not feasible or practicable (prescription 4.3.9.3).

x Activity is not allowed.

Note: Transit and anchor by vessels undertaking geological storage operations will be managed in accordance with Section 4.3.1 (General use, access and waste management).

Note: Any carbon management technologies not described in Table 4.11 and the prescriptions of this section (4.3.9) will be assessed and authorised by the Director in accordance with Section 4.3.14 (New activities and authorisations).

Note: Scientific research and environmental monitoring in connection with a particular geological storage operation may be carried out in all zones in accordance with Section 4.3.12 (Research and monitoring).

Note: For the avoidance of doubt, research and monitoring does not include activities or operations for the purpose of exploring for suitable carbon dioxide storage sites.

Prescriptions

4.3.9.1               The permanent storage of carbon dioxide under the seabed is not allowed in the South-east Network.

4.3.9.2               Surveys for the identification of suitable sites for the permanent storage of carbon dioxide under the seabed are not allowed in the South-east Network.

4.3.9.3               If the Director is satisfied that alternative routes are not feasible or practicable, construction and operation of pipelines and the carrying out of other activities for the purposes of carbon capture and storage operations can be carried out in all zones except the Sanctuary Zone (Ia) under an authorisation under Section 4.5 (Authorisation of activities).

4.3.9.4               The construction and operation of pipelines must be carried out in accordance with relevant Commonwealth legislation to the extent those laws can operate concurrently with this plan.

4.3.9.5               Actions required to respond to pollution incidents, including environmental monitoring and remediation, in connection with geological storage operations authorised under relevant Commonwealth legislation may be carried out in all zones without an authorisation issued by the Director and in accordance with Section 4.3.13 (National security and emergency response).

4.3.10                         Space activities

This section (4.3.10) sets out the rules for space activities in the South-east Network and are summarised in Table 4.12.

The Australian Space Agency administers the Space (Launches and Returns) Act 2018 (Cth), which establishes a system for regulating civil space and high-power rocket activities in Australia.

Space activities not described in this section (4.3.10), such as launch and return of space objects, high-power rockets and retrieval of space debris, will be managed in accordance with Section 4.3.14 (New activities and authorisations).

Table 4.12 Summary of prescriptions for space activities in the South-east Network

A Authorisation is required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director.

x Activity is not allowed.

Note: Transit by space activity vessels will be managed in accordance with Section 4.3.1 (General use, access and waste management). Anchoring is allowed as part of activities authorised under this section (4.3.10).

Note: Research in connection with space activities will be managed in accordance with Section 4.3.12 (Research and monitoring).

Prescriptions

4.3.10.1           Space activities that are the disposal of large debris or small particles from space activities must only be carried out under:

a)      a permit issued under Section 4.5.2 (Permits)

b)      a class approval issued under Section 4.5.3 (Class approvals), or

c)      an activity licence or lease issued under Section 4.5.4 (Activity licences and leases).

4.3.10.2           Without limiting prescription 4.3.10.1, all space activities that are the disposal of large debris or small particles must comply with:

a)      the prescriptions in Section 4.3.1 (General use, access and waste management)

b)      an authorisation issued under the Space (Launches and Returns) Act 2018 (Cth) if required, to the extent those laws can operate concurrently with this plan.

4.3.10.3           Space activities that are the disposal of large debris (for example, component parts of a space object or high-power rocket) may be carried out in a Multiple Use Zone (VI) and Special Purpose Zone (VI).

4.3.10.4           The towing of large debris may be carried out in all zones except the Sanctuary Zone (Ia) and must be in accordance with Section 4.3.1 (General use, access and waste management).

4.3.10.5           Space activities that are the disposal of small and dispersed particulate matter may be carried out in all zones except the Sanctuary Zone (Ia).

4.3.11                         Structures and works

Sections 354(1)(c)(f) and 354A(3) of the EPBC Act, and regulation 12.11 of the EPBC Regulations, prohibit excavations, erection of buildings or structures, and carrying out works unless it is carried on in accordance with a management plan in operation for that marine park.

This section (4.3.11) sets out the rules for structures and works in the South-east Network where the activity is not already covered by Sections 4.3.14.3.10. These are summarised in Table 4.13.

The prescriptions do not affect any structures or works that were installed in a marine park under a usage right relating to the seabed that existed immediately before the proclamation of the South-east Network (section 359 of the EPBC Act).

Table 4.13 Summary of prescriptions for structures and works in the South-east Network

A Authorisation is required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director.

x Activity is not allowed.

xS Activity is allowable only for human safety, aids to navigation or compliance purposes.

xE Activity is allowable only for the protection, conservation or restoration of habitats.

Note: Structures may include, but are not limited to, moorings, submarine cables and electricity transmission cables. The erection and maintenance of structures associated with mining operations must be carried out in accordance with Section 4.3.8 (Mining operations).

Note: Transit and anchor by vessels carrying out structures and works operations will be managed in accordance with Section 4.3.1 (General use, access and waste management).

Note: Research in connection with structures and works will be managed in accordance with Section 4.3.12 (Research and monitoring).

Prescriptions

1.            Excavations (including dredging), erecting a structure (including artificial reefs) or carrying out works including maintenance of structures and associated activities (including disposal of dredged material) can only be carried out under:

a)      a permit issued under Section 4.5.2 (Permits)

b)      a class approval issued under Section 4.5.3 (Class approvals), or

c)      an activity licence or lease issued under Section 4.5.4 (Activity licences and leases).

1.            Without limiting prescription 4.3.11.1, all excavations, erection of structures and carrying out of works and associated activities must comply with the prescriptions in Section 4.3.1 (General use, access and waste management).
2.            Subject to Prescriptions 4.3.11.4 and 4.3.11.5, an authorisation may be issued for excavations (including dredging), erecting a structure (including artificial reefs), works and maintenance, and associated activities (including disposal of dredged material), other than in relation to fish aggregating devices, in the South-east Network where the action is necessary for:

a)      maritime or visitor safety, including aiding navigation, or

b)      maintaining the values of the South-east Network, or

c)      research and monitoring, or

d)      critical infrastructure in the national interest, or

e)      commercial tourism, and

f)        if is not practicable for the action to be taken outside the zone.

1.            Excavations (including dredging), erecting a structure, and works and maintenance, and associated activities, including in relation to fish aggregating devices, the disposal of dredged material and the installation of artificial reefs:

a)      that have been approved under Part 9 of the EPBC Act may be carried out in accordance with conditions of that approval and a class approval issued under Section 4.5.3 (Class approvals)

b)      that are authorised by a policy, plan or program that has been endorsed under Part 10 of the EPBC Act may be carried out in accordance with the conditions of that authorisation and a class approval issued under Section 4.5.3 (Class approvals)

c)      that have been authorised by a permit under the Sea Dumping Act may be carried out in accordance with the conditions of that permit and a class approval issued under Section 4.5.3 (Class approvals)

d)      that are the subject of a decision under Part 7 of the EPBC Act and are not a controlled action or not a controlled action if taken in a particular manner may be carried out in that manner and in accordance with the conditions of a class approval issued under Section 4.5.3 (Class approvals)

e)      that are not covered by paragraphs a) to d) may be carried out in accordance with a permit issued under Section 4.5.2 (Permits) or an activity licence or lease issued under Section 4.5.4 (Activity licences and leases).

1.            Subject to the conditions set out in prescription 4.3.11.4:

a)      excavations (other than dredging), erecting a structure, and works and maintenance, and associated activities, may be carried out in all zones. However, they may only be carried out in a Sanctuary Zone (Ia) for human safety, aids to navigation or compliance purposes

b)      dredging and the disposal of dredged material may be carried out in a Multiple Use Zone (VI) and Special Purpose Zone (VI)

c)      artificial reefs may be installed in all zones except Sanctuary Zones (Ia). However, artificial reefs may only be installed in a National Park Zone (II) to assist with the protection, conservation and restoration of habitats

d)      fish aggregating devices may be installed in all zones except in a Special Purpose Zone (VI), National Park Zone (II) and Sanctuary Zone (Ia).

4.3.12                         Research and monitoring

Regulation 12.10 of the EPBC Regulations prohibits scientific research in an Australian Marine Park except in accordance with a management plan in operation for that marine park.

This section (4.3.12) sets out the rules for research and monitoring activities (including surveying) in the South-east Network. These are summarised in Table 4.14.

Activities or operations that would have otherwise been managed under another section of Section 4.3 but are undertaken for the primary purposes of research and monitoring are managed as research and monitoring activities under this section (4.3.12).

Research and monitoring activities that affect listed threatened species or ecological communities, listed migratory species, cetaceans or listed marine species must also comply with the provisions of Part 13 of the EPBC Act.

Where biological resources are sought for the purpose of research and development on their genetic or biochemical components, a permit is required under Part 8A of the EPBC Regulations and is subject to the prescriptions in this plan.

Table 4.14 Summary of prescriptions for research and monitoring activities in the
South-east Network

A Authorisation is required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director.

Note: Transit and anchoring are allowed as part of activities allowed and authorised under this section (4.3.12).

Prescriptions

4.3.12.1           Research and monitoring activities, which includes any actions that would have otherwise been prohibited under sections 354 and 354A of the EPBC Act and Division 12 of the EPBC Regulations, may be carried out in all zones in the
South-east Network and are subject to the prescriptions in this section (4.3.12).

4.3.12.2           Any research and monitoring activities must be carried out under:

a)      a permit issued under Section 4.5.2 (Permits)

b)      a class approval issued under Section 4.5.3 (Class approvals), noting that a
class approval will not be issued for research and monitoring that involves activities covered by Section 4.3.12.6, or

c)      an activity licence or lease issued under Section 4.5.4 (Activity licences
and leases).

4.3.12.3           Without limiting prescription 4.3.12.2, research and monitoring activities must comply with the prescriptions in Section 4.3.1 (General use, access and waste management).

4.3.12.4           Research activities that involve access to biological resources within the meaning of Part 8A of the EPBC Regulations must comply with the requirements of that Part (in addition to the requirements of this section (4.3.12)).

4.3.12.5           Before issuing an authorisation for research and monitoring activities under Section 4.5, the Director must:

a)      consider the aim of the proposed activity or class of activities, ethical issues and how knowledge from the proposed activity or class of activities might benefit the understanding and management of the South-east Network

b)      be satisfied that the activity is relevant to, or a priority for, the management of the South-east Network.

4.3.12.6           Before issuing an authorisation under Section 4.5 for research and monitoring that involves commercial fishing activities that would otherwise be prohibited under Section 4.3.2 (Commercial fishing), the Director must be satisfied that:

a)      the project is proposed to be carried out in an area where the same or similar research and monitoring has been carried out previously

b)      it is not practicable for the project to be carried out outside the proposed area

c)      the activity will provide information relevant to understanding the impacts of activities on the marine environment, or to supporting sustainable use in the marine environment

d)      the activity is relevant to, or a priority for, the management of the South-east Network

e)      the project activities will not have an unacceptable impact on the values of the area in which the research and monitoring will be carried out

f)        the project will be carried out in a manner not inconsistent with achieving the objectives of this plan.

4.3.12.7           Authorisation holders will be required to make results of research and monitoring available to the Director (in a specific format where relevant) if the Director is satisfied that the information will improve the knowledge and understanding of the values and management of the South-east Network.

4.3.13                         National security and emergency response

This section (4.3.13) sets out the rules for defence, border protection, law enforcement and emergency response activities in the South-east Network. These are summarised in Table 4.15.

Provisions of the EPBC Act and EPBC Regulations (Division 12.2) relating to Australian Marine Parks generally apply to the Commonwealth and its agencies. In addition, section 362(2) of the EPBC Act requires the Commonwealth and Commonwealth agencies to perform functions and exercise powers in relation to Australian Marine Parks in a way that is not inconsistent with this plan. The Director will build on existing partnerships with Commonwealth agencies, including under the National Plan for Maritime Environmental Emergencies.

Table 4.15 Summary of prescriptions for national security and emergency response activities in the South-east Network

✓ Activity is allowed in accordance with the prescriptions of this plan without the need for a permit, class approval or activity licence or lease issued by the Director.

A Authorisation is required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director.

Note: Transit and anchoring are allowed as part of activities allowed and authorised under this section (4.3.13).

Prescription

4.3.13.1           Actions by or under direction of the Commonwealth and Commonwealth agencies in the South-east Network that would otherwise be prohibited by sections 354 and 354A and Part 13 of the EPBC Act, Division 12.2 of the EPBC Regulations and regulated under this plan:

a)      for the purposes of training and operations for defence, customs, border protection, law enforcement or emergency response (including response to pollution events resulting from mining or geological storage activities) may be carried out without the need for authorisation under Section 4.5 (Authorisation of activities)

b)      for any other purposes may be carried out under a permit or class approval issued by the Director in accordance with Section 4.5 (Authorisation of activities).

4.3.14                         New activities and authorisations

New activities may be required or proposed in the South-east Network during the life of this plan that are not covered by the prescriptions in this plan. The prescriptions in this section (4.3.14) enable the Director to consider and authorise new activities in the South-east Network. This could include activities whose details are not known at the time of plan publication, such as actions required to restore habitats and support climate adaptation. They also enable the Director to authorise activities in new ways that are identified to be more efficient and effective and reduce unnecessary administrative burden.

Prescription

4.3.14.1           The Director may authorise (by a permit, class approval, activity licence or lease under Section 4.5 Authorisation of activities) actions that are not covered by specific prescriptions in this plan, including actions prohibited under sections 354 and 354A of the EPBC Act and Division 12 of the EPBC Regulations.

4.4           Making decisions about activities

The prescriptions in this section (4.4) outline the approach and considerations of the Director when assessing and making decisions about what activities will be authorised in marine parks.

This section (4.4) applies to all assessments and decisions made by the Director under
Section 4.5 (Authorisation of activities).

4.4.1     Decision-making

Prescriptions

1.                Before authorising a proposed activity, the Director must consider:

a)      the potential impacts, risks and benefits to marine park values, marine parks users, First Nations people and stakeholders

b)      whether the proposed activity is consistent with the objectives of the marine
park, objectives of the zone or zones in which the activity will be or is being carried out and the applicable reserve management principles (Schedule 8 of
the EPBC Regulations).

1.                Before authorising a proposed activity, the Director must be satisfied that:

a)      potential impacts on and risks to marine park values will be avoided or reduced to as low as reasonably practicable

b)      the potential impacts and risks of the activity on marine park values and representativeness are acceptable

c)      the applicant has the capacity to comply with the conditions of the authorisation

d)      relevant regulatory requirements have been or will be met.

Note: The Director will develop and maintain publicly available resources to support the interpretation of these decision-making prescriptions (Section 4.4).

4.4.2     Assessments under other processes

Prescription

4.4.2.1               For the purposes of Section 4.4.1 (Decision-making) the Director may accept the assessment of activities made under Chapter 4 of the EPBC Act, the Sea Dumping Act or under a government or industry policy, plan or program where the Director is satisfied that:

a)      the assessment is done in a manner consistent with prescriptions 4.4.1.1 and 4.4.1.2, and

b)      the assessment process provides for appropriate consultation with the Director and consideration of the Director’s views in relation to activities in the South-east Network or potential impacts on the network or marine park values.

4.4.3     Review of decisions

This section (4.4.3) outlines the processes for seeking a review of a decision.

A person whose interests are affected by a decision about a permit under Part 17 of the EPBC Regulations and who is dissatisfied with that decision, may ask the Director to reconsider the decision in accordance with regulation 14.16 of the EPBC regulations.

This plan extends the rights and processes for reconsideration under regulation 14.16 of the EPBC Regulations to all other decisions made under Section 4.5 of this plan. This includes the right to apply to the Administrative Review Tribunal for merits review of the reconsideration decision under regulation 14.16(8) of the EPBC Regulations.

Without liming the operation of regulation 14.16 of the EPBC Regulations, a person may only apply to the Administrative Review Tribunal for the review of the reconsideration decision.

Prescriptions

1.                The process for reconsideration of a Director’s decision about a permit under Section 4.5.2 is provided for in Division 14.3 of the EPBC Regulations.
2.                The process for reconsideration in Division 14.3 of the EPBC Regulations apply to any decision of the Director under Section 4.5 of this Plan, including decisions about class approvals (Section 4.5.3) and activity licences and leases (Section 4.5.4).
3.                The Director will only reconsider a decision made under this Plan if the Director is asked to reconsider the decision in accordance with Division 14.3 of the EPBC Regulation.
4.                Without limiting the operation of Division 14.3 of the EPBC Regulation, the person requesting the reconsideration must:

a)      have their interest affected by the decision and be dissatisfied with the decision,

b)      provide written notice to the Director, asking the Director to reconsider the decision, within 21 days after the decision first comes to the notice of the person, and

c)      set out in the written notice the reasons for making the request.

1.                The Director will follow the process in Division 14.3 of the EPBC Regulations when reconsidering a decision made under Section 4.5 of this Plan.
2.                A person may apply to the Administrative Review Tribunal for the review of the Director’s reconsideration decision.

4.5           Authorisation of activities

The prescriptions in this section (4.5) describe the types of authorisations that can be
granted under this plan, the specific processes and consideration for issuing those types
of authorisations, and the conditions that may be imposed by the Director.

4.5.1     Authorised activities

Prescriptions

4.5.1.1               The Director may authorise allowable activities through a permit, class approval, activity licence or lease in accordance with this section (4.5).

4.5.1.2               The Director may authorise an activity that would otherwise not be allowed under this management plan, through a permit, class approval, activity licence or lease in accordance with this section (4.5), only where:

a)      the activity is required to address a threat or emergency to Australia as a whole,

b)      the proponent has demonstrated, to the satisfaction of the Director, that the threat or emergency cannot be mitigated or addressed by undertaking the activity outside of the marine park,

c)      the activity cannot be postponed until the management plan expires or an amendment is made to the management plan to allow the proposed activity, and

d)      the proponent has demonstrated, to the satisfaction of the Director, that the potential impacts and risks from the activity to the park values are reduced and mitigated to as low as is reasonably practicable.

4.5.1.3               For any activity authorised under prescription 4.5.1.2, the Director will publish the reasons for making the decision on the Parks Australia website.

4.5.2     Permits

The Director may issue a permit under Part 17 of the EPBC Regulations to authorise a person or persons to conduct an allowable activity  for example, for an activity that is one-off, time bound or not carried out in the same way by all operators.

Prescriptions

4.5.2.1               The Director may issue a permit for an allowable activity, where prescribed by Section 4.3 (Prescriptions for activities) of this plan in accordance with Part 17 of the EPBC Regulations and subject to the prescriptions (if any) relating to the particular activity.

4.5.2.2               In assessing a permit application, the Director may ask the applicant for more information if the Director considers there is insufficient information to decide whether to issue the permit.

4.5.2.3               In assessing a permit application for an activity that has been subject to a referral under Part 7 of the EPBC Act or an assessment under the Sea Dumping Act, the Director will consider any referral or assessment documents and related information.

4.5.2.4               A permit may be subject to conditions including but not limited to (and depending on the type of activity):

a)      specifying the area in which, and the periods during which, the approved activity may be carried out,

b)      requiring the impacts of the permitted activity to be mitigated by specified actions developed in consultation with the Director,

Note: The Director will issue guidance specific to activity types on requirements for mitigation.

c)      regulating the use of, or requiring the use of, vessel identification and monitoring systems,

d)      the provision of, or consent for access to, data for compliance and monitoring purposes,

e)      making results of data collection, research and monitoring available to the Director (and in a specific format where relevant),

f)        requiring reporting or auditing,

g)      complying with other Commonwealth, state or territory laws and authorisations issued under such laws,

h)      allowing for the Director or representative to board vessels, accompany tours or enter premises for the purpose of evaluating compliance with permit conditions,

i)        requiring, restricting, or prohibiting the use of specified gear, equipment or practices, and

j)        providing for the payment of fees.

4.5.2.5               A permit may be suspended or cancelled and permit conditions may be varied or revoked in accordance with Part 17 of the EPBC Regulations.

4.5.3     Class approvals

This plan provides for the Director to issue class approvals to authorise activities by a specified person or class of persons where the activities are generally done in the same way by persons conducting the activity. This can include, but is not limited to, activities that have been authorised under Chapter 4 of the EPBC Act or the Sea Dumping Act or assessed and authorised under other government or industry processes. Class approvals will be published on the Parks Australia website (Section 4.5.5).

Issuing class approvals can reduce regulatory burden by avoiding duplication in assessment and approval processes and would be introduced in consultation with the relevant person or class of persons.

Prescriptions

4.5.3.1               The Director may issue a class approval for activities where prescribed by Section 4.3 (Prescriptions for activities) of this plan, subject to the prescriptions
(if any) relating to the particular activity,

4.5.3.2               A class approval may be subject to conditions including but not limited to (and depending on the class of activities);

a)      specifying the area in which, and the periods during which, the approved activity may be carried out,

b)      requiring the impacts of the authorised activity to be mitigated by specified actions developed in consultation with the Director,

c)      regulating the use of or requiring the use of vessel identification and
monitoring systems,

d)      the provision of, or consent for access to, data for compliance and
monitoring purposes,

e)      making results of data collection, research and monitoring available to the Director (and in a specific format where relevant),

f)        requiring reporting or auditing,

g)      complying with other Commonwealth, state or territory laws and authorisations issued under such laws,

h)      requiring, restricting or prohibiting the use of specified gear, equipment or practices,

i)        allowing for the Director or representative to board vessels, accompany tours or enter premises for the purpose of evaluating compliance with class approval conditions or

j)        providing for the payment of fees.

4.5.3.3               A class approval may be varied, suspended or cancelled and approval conditions may be varied or revoked, or further conditions imposed, if the Director is satisfied that:

a)      the activities, or an activity in the class of activities, to which the approval relates have not been, are not being, or likely will not be carried out in accordance with the approval or a condition of the approval,

b)      assessment of impacts under a policy, plan or program to which Section 4.4.2 (Assessments under other processes) applies is not being made, or is not being made in accordance with the approval or a condition of the approval,

c)      the impacts of the activities, or an activity in the class of activities, to which the approval relates are no longer acceptable (Section 4.4.1 Decision-making),

d)      activities, or an activity in the class of activities, to which the approval relates are likely to cause an unacceptable risk to public health and safety, or

e)      there are reasonable grounds for believing that, if the decision to issue the approval were being considered again, the approval would not be issued or would not be issued in the same terms or subject to the same conditions (for example, because of new information or if a relevant matter that the Director took into account in deciding to issue an approval has changed or no longer exists).

It would more efficiently or effectively manage the activities to which the approval relates, provided the impacts of the activities to which the approval relates will remain acceptable (Section 4.4.1 Decision-making),

4.5.3.4               A class approval or conditions may be varied or revoked to remove a person from the class of approved persons:

a)      at the request of that person, or

b)      if the Director is satisfied that the person has breached a condition of the approval or has in the previous 10 years been convicted of, or is subject to proceedings for, an offence under the EPBC Act, EPBC Regulations or any other law of Commonwealth about the protection, conservation or management of native species or ecological communities.

Note: Where a person has been removed from a class approval, they may apply for a permit under Section 4.5.2 (Permits) or an activity licence under Section 4.5.4 (Activity licences and leases).

Note: Part VIIC of the Crimes Act 1914 (Cth) includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.

4.5.4     Activity licences and leases

Under section 358(2) of the EPBC Act, the Director may grant a lease or licence relating to
the land or seabed of a marine park only in accordance with a management plan in operation
for the park. Further, activities that are otherwise prohibited under Division 12 of the EPBC Regulations may be carried out in accordance with a lease or licence granted by the Director (regulation 12.06(1)(l)(i), EPBC Regulations).

An activity licence or lease may be issued to authorise an activity where it is more appropriate than the use of a permit or class approval, such as for tourism activities or activities that involve the installation of infrastructure (such as moorings or marker buoys). For most of these types of activities a licence will be the most suitable form of authorisation; however, this plan also provides for the Director to grant leases over the seabed. Licences and leases are transferable and generally granted for a longer term than permits. They may include agreed fees reflecting the commercial value of the authorisation and, in the case of leases, provide security of tenure over seabed to support investment in infrastructure.

An activity licence authorises the holder to conduct their activities in the area to which the licence relates. A lease provides exclusive possession of the area in which an activity is to be carried out. Licences and leases enable continued growth of marine park services and allow for the growth of appropriate commercial business opportunities and partnerships with the Director that will maintain and promote marine park values.

Prescriptions

4.5.4.1               The Director may grant an activity licence or lease in accordance with section 358 (2) of the EPBC Act, where prescribed by Section 4.3 (Prescriptions for activities) and subject to the prescriptions (if any) relating to the particular activity.

4.5.4.2               An activity licence or lease may be subject to conditions including but not limited to:

a)      specifying the area in which, and the periods during which, the authorised activity may be carried out,

b)      requiring the impacts of the authorised activity to be prevented or mitigated by specified actions developed in consultation with the Director,

c)      regulating the use of or requiring the use of vessel identification and monitoring systems,

d)      the provision of or consent for access to data for compliance and monitoring purposes,

e)      making results of data collection, research and monitoring available to the Director (and in a specific format where relevant),

f)        requiring reporting or auditing,

g)      complying with other Commonwealth, state or territory laws and authorisations issued under such laws,

h)      requiring, restricting, or prohibiting the use of specified gear, equipment or practices,

i)        allowing for the Director or representative to board vessels, accompany tours or enter premises for the purpose of evaluating compliance with licence conditions, or

j)        providing for the payment of fees.

4.5.5     Publication of authorisations

Prescription

4.5.5.1               The Director will publish on the Parks Australia website a list of all authorisations issued under this plan, which may include the name of the authorised person or class of persons, the period for which the authorisation is issued and a description of the authorised activities.

Schedule 1: South-east Marine Parks overview

Image: Royal penguins preening at Macquarie Island (Kerry Steinberner/Australian Antarctic Division)

S1.1 South-east Network overview

Most of the marine parks of the South-east Network were proclaimed under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) in June 2007, came into effect on 1 September 2007 and were renamed on 11 October 2017. The exceptions were Macquarie Island Marine Park, which was proclaimed in October 1999, and the part of the Huon Marine Park that was the Tasmanian Seamounts Marine Reserve, which was proclaimed in May 1999. Proclamation dates for each park are provided in Section S1.3.

Throughout this section (S1.1) the parks are presented in a clockwise geographical order starting off in north-eastern Victoria, moving around Tasmania up to Cape Otway in western Victoria and across to South Australia, then to the sub-Antarctic.

Table S1.1 Overview of the South-east Network

Note: Each marine park extends from 100 m below the seabed to 3,000 m above sea level.

Note: Zone and total marine park areas are rounded to the nearest km2; therefore, the sum of areas may not equate to the total marine park or network areas in some instances.

S1.2 Key natural values of the South-east Network

Key natural values are habitats or species that are particularly important from a park management perspective due to their uniqueness, functional importance, vulnerability to pressures, biological productivity, diversity or ability to provide social and economic benefits. At the time this plan was made, 13 key natural values have been described (Table S1.2).

Note: Key natural values criteria may be updated throughout the life of this plan, and new values may be recorded as understanding of the parks continues to improve. Values information will be periodically updated on the Parks Australia website.

Table S1.2 Description of key natural values in the South-east Network

S1.3 Overview of marine parks of the South-east Network

Section S1.3 provides an overview, a summary of values, social and economic benefits and map of each marine park in the South-east Marine Parks Network (South-east Network).

Note: The summary tables in Schedule 1.3 are based on the information available at the time of making this plan. As understanding of park values improves over time these summaries may become outdated. Updated information on the marine park values will be on the Parks Australia website.

Figure S1.1 East Gippsland Marine Park

Figure S1.2 Beagle Marine Park

Figure S1.3 Flinders Marine Park