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| Marine and Coastal Act 2018 (Victoria) | |
|---|---|
| Title | Marine and Coastal Act 2018 (Victoria) |
| Enacted | 2018 |
| Jurisdiction | Victoria, Australia |
| Status | current |
Marine and Coastal Act 2018 (Victoria) is an Act of the Parliament of Victoria that establishes a modern statutory framework for planning, managing and protecting the State's marine and coastal environments. It replaces earlier legislative arrangements to align Victorian law with contemporary frameworks used in Australia and other jurisdictions such as New South Wales and Queensland. The Act interfaces with instruments and institutions including the Environment Protection and Biodiversity Conservation Act 1999, the Victorian Coastal Strategy, and regional arrangements involving agencies like Parks Victoria and the Department of Environment, Land, Water and Planning.
The legislative development drew on inquiries and policy reviews from bodies including the Victorian Auditor-General's Office, the Victorian Parliamentary Inquiry into Coastal Adaptation, and inputs from stakeholder groups such as the Australian Conservation Foundation, the RSPB (as comparative influence), and the Victorian Coastal Council. Drafting processes involved consultation with municipal entities like the City of Melbourne, regional authorities such as the Gippsland Shire Council, and indigenous representative organisations including the Aboriginal Victoria and local Traditional Owner corporations. The Act was debated in the Parliament of Victoria and received Royal Assent in 2018 amid concurrent legislative reforms in Tasmania and Western Australia.
The Act’s stated purposes align with strategic frameworks used by the United Nations Environment Programme, the Intergovernmental Panel on Climate Change, and national approaches under the Commonwealth of Australia marine policy. Core objectives include integrated coastal zone management comparable to European Union directives, resilience-building for climate change impacts recognized by the IPCC Special Report on the Ocean and Cryosphere in a Changing Climate, and coordination with conservation measures similar to those promoted by the Convention on Biological Diversity and the Ramsar Convention on Wetlands. It aims to harmonise planning across agencies such as Parks Victoria, the Victorian Fisheries Authority, and municipal councils including Bayside City Council.
The Act provides statutory definitions of terms that correspond to international and national instruments like the UNCLOS-related maritime concepts, the EPBC Act terminology, and state-level definitions used by the DELWP. It delineates spatial scope covering littoral zones proximate to features such as Port Phillip Bay, the Bass Strait, and coastal estuaries including the Gippsland Lakes. The Act distinguishes marine planning areas from terrestrial planning regimes applied by bodies such as VicRoads and municipal planning schemes adopted by entities like the Mornington Peninsula Shire.
Governance structures created or recognised under the Act coordinate roles for statutory agencies including Parks Victoria, the Victorian Fisheries Authority, and DELWP alongside advisory bodies modelled on committees used by the Great Barrier Reef Marine Park Authority and the Marine Management Organisation (UK). The legislation prescribes functions for regional marine planning bodies that interface with local government authorities such as Surf Coast Shire and research institutions including CSIRO and universities like the University of Melbourne and the University of Tasmania. It also mandates engagement with Traditional Owner groups represented by organisations such as the Aboriginal Heritage Council and peak bodies like the Victorian Traditional Owner Cultural Heritage Program.
Provisions require preparation of marine and coastal plans analogous to instruments used in New South Wales and the Great Barrier Reef Marine Park. Plans are to address uses ranging from commercial shipping associated with ports like Port of Melbourne to recreational zones in areas such as Bellarine Peninsula and conservation zones protecting habitats for species listed under instruments like the EPBC Act. The Act embeds spatial planning tools similar to marine spatial planning frameworks applied by European Maritime Safety Agency-informed regimes, and mandates consistency with regional strategies such as the Victorian Coastal Strategy and local coastal hazard adaptation action plans adopted by councils like Wyndham City.
The Act creates statutory mechanisms for safeguarding biodiversity in ecosystems including the Bass Strait Shelf and tidal wetlands comparable to protections under the Ramsar Convention on Wetlands. It establishes requirements for environmental impact assessment that interface with the Environment Protection and Biodiversity Conservation Act 1999 processes and coordinates regulatory action with agencies such as the Environment Protection Authority (Victoria). The legislation addresses threats identified by organisations including the Australian Marine Conservation Society and research from CSIRO on marine heatwaves, sea-level rise, and habitat degradation affecting species like the Australian fur seal and migratory birds protected under the JAMBA and CAMBA agreements.
Enforcement mechanisms align with practices used by statutory regimes such as the Fisheries Act 1995 (NSW) and powers exercised by agencies like the Victorian Fisheries Authority and the Environment Protection Authority (Victoria). The Act specifies civil and criminal sanctions, infringement notices, and remedial powers similar to penalties under the EPBC Act and state statutes applied by courts including the Supreme Court of Victoria and tribunals such as the Victorian Civil and Administrative Tribunal. Compliance frameworks require reporting, auditing and cooperation with investigative authorities including the Victoria Police where offences intersect with broader public safety or navigational law enforced by bodies like the Australian Maritime Safety Authority.
Category:Victoria legislation