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| Marine Parks Act 2012 (Western Australia) | |
|---|---|
| Title | Marine Parks Act 2012 (Western Australia) |
| Enacted by | Parliament of Western Australia |
| Date assented | 2012 |
| Territorial extent | Western Australia |
| Status | current |
Marine Parks Act 2012 (Western Australia) is a statute enacted by the Parliament of Western Australia to provide for the declaration, protection and management of marine parks and marine nature reserves in the coastal waters of Western Australia. The Act establishes statutory mechanisms for zoning, planning and compliance to conserve marine biodiversity while accommodating activities such as fishing, tourism and aquaculture within specified areas. It interacts with other statutory instruments and administrative bodies to integrate conservation with regional development in Western Australia.
The Act was developed in the context of state and national initiatives including the Environment Protection and Biodiversity Conservation Act 1999, the policy frameworks of the Department of Biodiversity, Conservation and Attractions and the coastal planning work of the Department of Water and Environmental Regulation. Influences on the drafting included precedents from the Great Barrier Reef Marine Park Act 1975, international commitments under the Convention on Biological Diversity and regional frameworks such as the Indian Ocean–South-East Asian Marine Biogeographic Region planning processes. The legislative package responded to pressures from commercial sectors represented by bodies like the Western Australian Fishing Industry Council and conservation advocacy by organizations including the Australian Conservation Foundation and the World Wide Fund for Nature.
The Act's objects include protection of marine biodiversity, preservation of cultural heritage values associated with sites relevant to Noongar and other Aboriginal groups, and provision for ecologically sustainable use consistent with statutory zoning. Key provisions establish the power to declare marine parks and marine nature reserves, prescribe management plans, create zoning schemes, and set conditions for permits and licences linked to activities of entities such as the Fisheries Research and Development Corporation and operators of commercial tourism ventures like those regulated under state marine safety regimes. The Act delineates offences and penalties administered by agencies including the Department of Primary Industries and Regional Development and authorises the appointment of compliance officers.
Under the Act, planning instruments include marine park management plans and zoning maps prepared by statutory officers drawn from agencies such as the Parks and Wildlife Service (Western Australia). Management plans set out permitted and prohibited uses for zones ranging from sanctuary zones to multiple-use areas, drawing on scientific assessments from institutions such as the Western Australian Marine Science Institution and the CSIRO. The Act requires incorporation of baseline ecological data from projects like the National Environmental Science Programme and considers species and habitats listed under instruments like the EPBC Act and state conservation listings. Plans also integrate spatial planning tools analogous to those used in the Southwest Marine Bioregion and planning initiatives for places like the Rowley Shoals and Ningaloo Coast.
Governance under the Act involves statutory decision-making by ministers and delegations to departmental commissioners, with administrative roles occupied by officers from the Department of Biodiversity, Conservation and Attractions and enforcement supported by agencies such as the Western Australia Police Force for marine incidents and the Australian Fisheries Management Authority where Commonwealth jurisdiction overlaps. The Act provides for infringement notices, civil penalties and criminal prosecutions akin to enforcement regimes under the Fisheries Management Act 1994 and establishes compliance tools including vessel monitoring, patrols by agencies collaborating with the Australian Border Force and use of scientific observers aligned with programs run by universities like the University of Western Australia.
The Act mandates consultation processes involving local government bodies such as the Shire of Broome and stakeholder groups including industry associations like the WA Farmers Federation and conservation NGOs. It provides for recognition of Aboriginal cultural heritage, requiring engagement with representative bodies such as the South West Aboriginal Land and Sea Council and Native Title claimants under mechanisms influenced by the Native Title Act 1993. Co-management and advisory arrangements reflect models seen elsewhere in Australia, incorporating Traditional Owner knowledge alongside input from scientific institutions like the Australian Institute of Marine Science.
Implementation has proceeded through staged declarations of marine parks, development of management plans for regions including the Kimberley, Shark Bay, and Gascoyne bioregions, and periodic statutory reviews. Amendments and regulatory adjustments have responded to judicial decisions and policy shifts influenced by actors such as state ministers, lobby groups including the Seafood Industry Australia and environmental litigation by organisations like the Environmental Defenders Office. Reviews draw on monitoring results from programs funded by agencies such as the Commonwealth Scientific and Industrial Research Organisation and evaluation frameworks similar to those used in national marine park assessments.
The Act has contributed to expansion of marine protected areas in Western Australia, enhancing conservation outcomes for species including dugong, whale sharks and temperate reef communities monitored by research groups at institutions such as the CSIRO and Murdoch University. Criticisms have arisen from commercial fishers, tourism operators and some regional communities arguing economic impacts, with commentary from industry groups like the Western Australian Fishing Industry Council and legal challenges referencing conflicts with fisheries legislation. Conservation advocates, including the Australian Marine Conservation Society, have both praised statutory protections and urged stricter zoning and enforcement, while academics from universities such as Griffith University have called for improved monitoring and adaptive management. Category:Western Australian legislation