New marine park and sanctuary zone regulations could move your boat along

The NSW Government is encouraging the community to have their say on the draft Marine Estate Management Regulation 2017, which is open now for public consultation and your feedback.

Dr Geoff Allan, Department of Primary Industries (DPI) Fisheries Deputy Director General, said the existing Marine Estate Management Regulation 2009 has been reviewed as part of the Government’s marine estate reforms.

"There are four proposed changes to the regulation that are intended to lead to better management and protection of marine parks and aquatic reserves, and a regulation that is easier to understand and implement," Dr Allan said.

"These changes include extending some powers that are currently available for managing marine parks, such as the ability to remove illegally placed property, to aquatic reserves; and improving the way applications for permits in marine parks are considered.

"The proposed amendments are likely to have little or no negative impacts on stakeholders or the general community; while tourists, businesses and other Government agencies will benefit from the clarity and logic these changes provide."

The NSW DPI claims extensive consultation with the community and interest groups continues to be an essential step in informing the future management of marine parks and aquatic reserves in the State.

"As we finalise the regulation that will support the Marine Estate Management Act, we’re asking the community to provide feedback on how the proposed changes will affect them to help us develop the regulation in a way that best suits all interested parties," Dr Allan said.

Your chance to comment on the draft regulation will close on Sunday July 9, 2017, and all stakeholders — most definitely including recreational fishers and boaters — are encouraged to make a submission as soon as possible.

Dr Allan said it is important to note that the proposed regulation will not change the zones, zone objectives or management rules for marine parks.

"A separate project, piloting a new management planning approach for marine parks, will look at the zones and management rules for marine parks, starting with the Solitary Islands and Batemans marine parks," Dr Allan said.

PROPOSED AMENDMENTS
The four proposed amendments to the Marine Estate Management Regulation concern the practical operation of marine parks and aquatic reserves.

Amendment 1: The criteria for assessing permit applications (Clause 9(h)) will be broadened to include prevention and mitigation of damage. This will encourage applicants wishing to undertake activities in marine parks and aquatic reserves to focus on avoiding or mitigating damage rather than only making good any damage, and ensure this is considered in assessing applications.

Amendment 2: Delete Clause 10(2) as Clauses 8 and 9 of the Regulation already ensure that the Ministers must consider the objects of zones when assessing applications for activities. In addition the Clause could conflict with the Marine Estate Management (Management Rules) Regulation 1999 that allows consent for research, environmental protection, public health, traditional use or public safety purposes. For example catching, tagging and releasing fish in a sanctuary zone for research on the effectiveness of sanctuary zones would require approval under the Marine Estate (Management Rules) Regulation 1999. This is because harming, or attempting to harm an animal in a sanctuary zone is prohibited without the Ministers’ consent. However, in theory this activity may not be permissible under clause 10(2) of the Marine Estate Management Regulation.

Amendment 3: Extend existing marine park powers to remove persons, property and heavily fouled vessel hulls and to obtain information on commercial fishing and aquaculture activities (Clauses 21 to 24) to also apply in aquatic reserves. This will improve management of aquatic reserves and allow for consistency with marine park management.

Amendment 4: Expand powers for removal of property (Clause 22) where it is likely to interfere with a person’s use or enjoyment of the marine park or aquatic reserve or is likely to cause a significant impact on species or habitats. This will allow authorised officers to take proactive steps to seek the removal of property without having to wait until impacts occur.

Without wanting to sound alarmist, this last recommendation (Amendment 4) seems rather arbitrary to this scribe. So if a group of divers deems an anchored boat in a marine park to interfere with their enjoyment that boat could be moved on? Think anchored boats in Cabbage Tree Bay aka Fairy Bower in Sydney, where the Bold and Beautiful swimmers have at times intentionally swum around these boats to feign interaction. And why is one person's enjoyment more important than another person's?

PROPOSAL OF POINT 4
Expanding on Point 4, it is proposed that in relations to removal of persons from marine park or aquatic reserve:
(1) An authorised officer may direct a person to leave a marine park or an aquatic reserve or any part of a marine park or an aquatic reserve if, in the opinion of the authorised officer, the person:
(a) is unreasonably interfering with, or is likely to unreasonably interfere with, the relevant Ministers’ operations in the marine park or aquatic reserve, or
(b) is unreasonably interfering with a person’s use or enjoyment of the marine park or an aquatic reserve, or
(c) has committed an offence against the Act, this Regulation or the Marine Estate Management (Management Rules) Regulation 1999 or is likely to commit such an offence.
(2) A person must not fail to comply with such a direction. Maximum penalty: 100 penalty units.
(3) An authorised officer may remove from a marine park or an aquatic reserve, or any part of a marine park or an aquatic reserve, any person who fails to comply with a direction under this clause and any vehicle, vessel, animal or other property in the possession of the person.

More at Public Consultation Draft and comment at proposed Marine Legislation and a Survey link here.