Department of Sustainability, Environment, Water, Population and Communities

1.3 Protected areas

The EPBC Act provides for the establishment and protection of Commonwealth reserves, including marine and terrestrial areas, through the preparation and implementation of management plans and the issuing of permits for a range of activities.

Commonwealth reserves

The Director of National Parks is responsible for the management of an estate of marine and terrestrial protected areas that are Commonwealth reserves under the EPBC Act. The Director of National Parks prepares a separate annual report on their management.

Commonwealth terrestrial reserves

Management plans provide for the protection and conservation of Commonwealth terrestrial reserves and must state how the reserves are to be managed. At 30 June 2013 the Director was responsible for managing seven Commonwealth terrestrial reserves. Management plans are currently in place for Kakadu and Uluru-Kata Tjuta National Parks, Norfolk Island National Park and Botanic Garden, and the Australian National Botanic Gardens.

Draft management plans have been prepared for Booderee and Christmas Island National Parks and have been the subject of public comment: at Booderee the draft is under consideration by the board of management, while the Christmas Island plan is expected to be finalised in late 2013. A draft management plan for Pulu Keeling National Park is also in preparation.

Permits in Commonwealth terrestrial reserves were issued for a range of activities, including scientific research in the following areas:

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  life-history traits, population genetics, population dynamics and nocturnal habits of robber crabs (Birgus latro) on Christmas Island
  
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  genetic distinctiveness of providence petrels (Pterodroma solandri) on Phillip Island compared with the Lord Howe Island population
  
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  presence and area occupied of Argentine ants (Linepithema humile) in Norfolk Island National Park and Botanic Garden
  
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  management threats to Kakadu National Park’s stone country by assessing condition and trends of anbinik (Allosyncarpia spp.) and wetlands
  
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  survival of ‘toad-smart’ northern quolls (Dasyurus hallucatus) in Kakadu National Park and investigation of predator–prey relationships
  
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  occurrence of bacteria causing melioidosis (an endemic infectious disease) in Top End soil and plants
  
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  health of waterholes, mesic habitats and associated fauna at Uluru-Kata Tjuta National Park
  
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  influence of adjacent habitats on fish assemblages within Posidonia australis seagrass beds at Booderee National Park
  
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  remote sensing investigation of the extent of historic shipwreck material buried in Bherwerre Beach, Booderee National Park.
  

Access to biological resources and benefit sharing

Part 8A of the Environment Protection and Biodiversity Conservation Regulations 2000 controls access to biological resources in Commonwealth areas for the purposes of research and development based on their genetic and biochemical properties.

In 2012–13, under Part 8A of the regulations, the department issued 58 permits for access to biological resources in Commonwealth areas. The permits covered a range of research topics including:

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  a survey of plants on Norfolk Island to determine the health status of all flora in order to improve plant biosecurity for Norfolk Island
  
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  an investigation of the resistance of native water lilies located in Kakadu National Park to a biocontrol agent for a pest species
  
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  a genetic study of the dugongs in the Torres Strait region to investigate genetic evidence for the distinctiveness and connectivity among Australian dugong populations to guide future management of the species.
  

Part 8A of the Regulations also requires the development of benefit-sharing arrangements where commercial or potentially commercial research is undertaken on biological resources from Commonwealth areas.

In 2012–13 one agreement was novated to another institution and one was terminated with mutual consent at the completion of research. No new agreements were required to be developed. Of the seven agreements made under the Regulations, three relate to currently active research, three relate to concluded research and one has been terminated.

Management of Commonwealth marine reserves

On 17 November 2012, 40 Commonwealth marine reserves were proclaimed under subsections 344(1) and 350(1) of the EPBC Act and the names of four existing reserves were amended. Associated with the declaration, seven reserves and one conservation zone were revoked, as these areas were included within the new marine reserves. As a consequence, there is now a total of 60 of Commonwealth marine reserves (including the Great Barrier Reef) covering more than one-third of Commonwealth waters and increasing the overall area of the Commonwealth marine reserve estate to some 3.1 million square kilometres.

There are no changes ‘on the water’ for users in the new areas added to the Commonwealth marine reserve estate until management plans come into effect on 1 July 2013 (for the South-east Commonwealth Marine Reserves Network) and 1 July 2014 (for other networks).

Management arrangements for the marine reserves (excluding the Great Barrier Reef and Heard and McDonald Islands Marine Reserve) that existed before the proclamation of the new reserves (including areas within new reserves that were formerly reserves) remain in place under the transitional arrangements until the new management plans come into effect.

The department is responsible for the daily management of these reserves (excluding the Great Barrier Reef) and collaborates with other Commonwealth agencies, including the Australian Fisheries Management Authority (AFMA) and Australian Customs and Border Protection Service (ACBPS) and state fisheries and conservation agencies in the delivery of management functions.

Under delegation from the Director of National Parks, the department managed Commonwealth marine reserves from July 2012 to March 2013. From March 2013 marine reserves and the transitional arrangements for the new marine reserves were transferred to the Director of National Parks. The Australian Antarctic Division continues to manage the Heard Island and McDonald Islands Marine Reserve under delegation from the Director of National Parks.

Evaluation of Commonwealth marine reserves

In 2012–13 the department continued to implement a management program for Commonwealth marine reserves, building on partnerships with state and Commonwealth agencies for compliance, research and community education.

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  Cooperative management arrangements were developed with state agencies for services in the South-east Commonwealth Marine Reserves Network and the former Solitary Islands Marine Reserve (Commonwealth waters), Cod Grounds Commonwealth Marine Reserve, Mermaid Reef Marine National Nature Reserve, Ningaloo Marine Park (Commonwealth waters), Lord Howe Island Marine Park and Elizabeth and Middleton Reefs Marine National Nature Reserve and Great Australian Bight Marine Park (Commonwealth waters).
  
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  Australian Fisheries Management Authority (AFMA) currently provides Vessel Monitoring System (VMS) information for Commonwealth fishing vessels in marine reserves. The department is currently working with AFMA to introduce a VMS alert system in 2013 that will provide automatic and real-time information to owners and skippers when they enter marine reserves where their fishing activities are not allowed.
  
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  A total of 564 aerial surveillance flights were undertaken by the Border Protection Command and the department over Commonwealth marine reserves, resulting in 610 visits to Commonwealth marine reserves. Of these, the department undertook 36 flights, resulting in 82 visits to Commonwealth marine reserves.
  
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  A total of 142 vessel patrols have been undertaken under service agreements with state agencies.
  
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  A range of activities in Commonwealth reserves require authorisation (through permits or approvals) from the Director of National Parks. These include commercial activities (such as mining), commercial fishing, recreational fishing and scientific research. A total of 648 approvals and permits were issued or ongoing in 2012–13, comprising:
  
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    471 for commercial fishing
    
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    137 for commercial tourism activities (charter fishing, scuba diving and whale and shark watching)
    
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    21 for scientific purposes (including one scientific research program with a seismic survey component)
    
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    14 for recreational access
    
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    three for media activities
    
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    one for installation
    
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    one related to taking plants into the former Coral Sea Conservation Zone.
    
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  In response to compliance incidents in Commonwealth marine reserves, the department supported the execution of 48 enforcement actions, including 21 warning notices issued, 15 investigative actions (requests for information) issued, six infringement notices issued (including those subsequently reviewed), one formal investigation commenced, two matters pending criminal prosecutions and a further two matters pending civil action.
  
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  On 4 September 2012 the Federal Court of Australia ordered Venture Fishing Pty Ltd to pay a pecuniary penalty of $65 000 (plus costs of $28 000) and Desmond Woodley to pay a pecuniary penalty of $13 000 (and costs of $17 000) for contravention of section 354(1) of the EPBC Act by carrying on commercial fishing operations in the sanctuary zone of the Tasman Fracture Commonwealth Marine Reserve.
  
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  Ongoing implementation of a pest control program for introduced tropical fire ants (Solenopsis geminata–ginger ants) at a trial site on the Ashmore Reef has shown considerable success in reducing the numbers.
  
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  A survey of trepang and trochus at the Ashmore Reef Commonwealth Marine Reserve was undertaken in March 2013. The survey adopted new methodology following a scientific review of data collected from surveys over the last 10 years.
  
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  A patrol of the former Coringa Herald National Nature Reserve was undertaken in August 2012 with the ACBPS. Work undertaken included seabird monitoring, maintenance activities, ground truthing satellite imagery, collection of marine debris and surveys of vegetation condition and other natural heritage values.
  
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  In a cooperative effort with ACBPS and AFMA, seven large nets that were either abandoned or lost at sea, commonly known as ‘ghost nets’, were recovered from northern Australian Commonwealth marine reserves and adjacent waters. The recovery of ghost nets prevents potentially significant impacts on marine animals and navigation. Of the nets recovered, a number of entangled marine animals were freed alive, including sea turtles, sharks and fish.
  
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  On 24 August 2012 the Heard Island and McDonald Islands Marine Reserve Management Plan 2005–2012 lapsed. A new management plan is under development. Interim management arrangements came into effect when the 2005–2012 management plan lapsed whereby the reserve would be subsequently managed in accordance with International Union for Conservation of Nature Category 1a Strict Nature Reserve principles.
  

Antarctic Treaty environment protection

The EPBC Act exempts certain actions from requiring permits if a permit for that action has been issued under the Antarctic Treaty (Environment Protection) Act 1980 (ATEP Act). The EPBC Act states that, where an action is taken in accordance with a permit issued under the ATEP Act and the permit is in force, certain actions involving listed threatened species and ecological communities, migratory species and listed marine species are not offences. Four of the permits issued by the department under the ATEP Act in 2012–13 facilitated such exemptions.