Marine and Coastal Act 2018

Contents

Marine and Coastal Act 2018 is national legislation enacted in 2018 to regulate marine and coastal management, maritime resources, and conservation. The Act integrates statutory frameworks from prior statutes such as United Nations Convention on the Law of the Sea, Convention on Biological Diversity, Ramsar Convention, World Heritage Convention and aligns with regional instruments like the Barcelona Convention, ASEAN Framework and bilateral accords such as the Australia–Indonesia Memorandum of Understanding. It establishes institutional arrangements comparable to models seen in the European Union and frameworks from the International Maritime Organization, Food and Agriculture Organization and United Nations Environment Programme.

Background and Legislative History

The passage followed consultations involving stakeholders represented by United Nations, World Bank, International Union for Conservation of Nature, Greenpeace International, World Wildlife Fund, Centre for International Environmental Law and national agencies including the Ministry of Environment, Ministry of Fisheries, Department of Natural Resources and the Parliamentary Committee on Oceans. Debates referenced precedents such as the Marine Mammal Protection Act, Endangered Species Act, Fisheries Act 1996 and domestic judgments from the Supreme Court and the International Court of Justice. Drafting drew on comparative law from statutes in New Zealand, Australia, Canada, South Africa and frameworks developed by the Organisation for Economic Co-operation and Development and the Commonwealth Secretariat.

The Act sets objectives including biodiversity protection as seen in World Heritage Committee listings, sustainable use akin to objectives in the Convention on Biological Diversity, pollution prevention referenced in the MARPOL Convention, and integrated planning similar to Integrated Coastal Zone Management promoted by the United Nations Educational, Scientific and Cultural Organization. It defines spatial measures such as marine protected areas modeled on Great Barrier Reef Marine Park Authority zoning, fisheries management rules comparable to the International Commission for the Conservation of Atlantic Tunas, and shipping control measures aligned with the International Maritime Organization. Provisions address habitat restoration, species recovery plans comparable to Convention on International Trade in Endangered Species of Wild Fauna and Flora action, and climate resilience consistent with Paris Agreement commitments.

Governance assigns roles to executive entities analogous to the Ministry of Environment and Ministry of Fisheries, creates an oversight board resembling the Marine Management Organisation and establishes technical committees akin to panels in the Intergovernmental Panel on Climate Change and advisory groups patterned after the Science Advisory Board models used by the National Oceanic and Atmospheric Administration and the Environmental Protection Agency. It mandates coordination with regional bodies like the European Commission, African Union, Association of Southeast Asian Nations and multilateral partners including the World Bank Group, Asian Development Bank and United Nations Development Programme. Institutional arrangements include an appeals mechanism drawing on principles from the Administrative Appeals Tribunal and dispute resolution influenced by the International Tribunal for the Law of the Sea.

Measures include regulatory regimes for fisheries comparable to rules of the Food and Agriculture Organization and the International Whaling Commission, habitat protection similar to Ramsar Convention listings, and pollution controls aligned with MARPOL Convention annexes and London Convention protocols. The Act mandates scientific monitoring using methodologies from the Global Ocean Observing System, Intergovernmental Oceanographic Commission, and biodiversity inventories informed by the Global Biodiversity Information Facility and IUCN Red List. It specifies restoration programs analogous to projects funded by the Global Environment Facility and partnerships with conservation NGOs such as Conservation International and The Nature Conservancy.

Enforcement tools mirror mechanisms in instruments enforced by the International Maritime Organization, Customs Service, and national agencies like the Coast Guard and Fisheries Enforcement Unit. Sanctions range from administrative fines patterned on penalties under the Endangered Species Act to criminal offences prosecuted in courts similar to the High Court and the Criminal Court. The Act authorises inspections, seizure powers akin to powers used under the National Marine Fisheries Service and compliance monitoring utilizing satellite and AIS systems supported by partnerships with the European Space Agency, National Aeronautics and Space Administration and Copernicus Programme.

Provisions address livelihoods and benefit-sharing comparable to provisions in the United Nations Declaration on the Rights of Indigenous Peoples, customary rights frameworks reflected in jurisprudence from the Inter-American Court of Human Rights and land-sea tenure precedents from cases in Canada and New Zealand. The Act requires social impact assessments modeled on guidance from the International Finance Corporation and incorporates co-management arrangements similar to agreements with Māori authorities, Inuit Tapiriit Kanatami-type organizations and indigenous councils recognized under instruments like the ILO Convention 169. It contemplates compensation, transitional support and economic adjustments influenced by the World Bank and International Labour Organization guidelines.

Implementation timelines and review cycles take cues from adaptive management frameworks used by the Convention on Biological Diversity and reporting obligations reflecting formats of the UNFCCC and Sustainable Development Goals. The Act establishes monitoring indicators compatible with datasets from the Global Ocean Observing System, UN Environment Programme World Conservation Monitoring Centre and the Ocean Biogeographic Information System. Periodic reviews, stakeholder audits and scientific advisory updates follow models used by the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services and oversight processes similar to reviews by the Parliamentary Budget Office and Supreme Audit Institution.