Department of Sustainability, Environment, Water, Population and Communities Annual Report 2011–12



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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

Commonwealth national parks


The Australian Government manages an estate of marine and terrestrial protected areas that are Commonwealth reserves under the EPBC Act. The Director of National Parks manages terrestrial reserves, and delegates the management of marine reserves to the department. The Director of National Parks also prepares a separate annual report on the management of these reserves.

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. As of 30 June 2012 the director was responsible for managing seven Commonwealth terrestrial reserves. Management plans are currently in place for Kakadu, 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. Following the invitation to comment required by subsection 368(5) of the EPBC Act, comments from the public on these draft plans were considered during 2011–12. The plans are expected to be finalised in late 2012. A 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 into the following areas:


  • dieback of Norfolk Island pine trees, Araucaria heterophylla, on the east coast of Australia caused by Botryosphaeria parva

  • the foraging ecology, reproductive success and population trends of the masked booby, Sula dactylatra fullagari, on Phillip Island

  • yellow crazy ant supercolony formation to determine if they facilitate secondary invasions by non-native landsnail species and how these invasions may further impact on forest structures

  • the ecology of Christmas Island’s endemic seabirds to create a sound scientific foundation for effective management

  • energy metabolism and saltwater balance in the Christmas Island red crab and blue crab

  • the chemical analysis of floral tissue derived from the terrestrial orchid colony (Chiloglottis trapeziformis) at the Australian National Botanic Gardens, for RNA (ribonucleic acid) and DNA extraction.

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 2011–12 the department issued 70 permits for access to biological resources in Commonwealth areas. The permits covered a range of research topics including:



  • the collection of coral core samples from the Coral Sea Conservation Zone to investigate coral growth and environmental factors affecting climate change over the past 500 years

  • a genetic study of the endangered population of little penguins (Eudyptula minor) to investigate the population size and connectivity between little penguin populations in NSW and to forecast likely population changes

  • investigation of the role of salinity on Kakadu’s floodplain sedimentary biota, including natural changes in estuarine environments and the potential effects of saltwater intrusion in adjacent floodplains.

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 2011–12 one additional benefit-sharing agreement was finalised. There are currently eight access and benefit-sharing contracts completed for organisations engaged in commercial research, five of which are still active. All active agreements are with Australian public research institutions.

Management of Commonwealth marine reserves


There are 26 Commonwealth Marine Reserves (covering a total of 498440 square kilometres) and two marine conservation zones (covering a total of 984155 square kilometres) established under the EPBC Act. These do not include the Great Barrier Reef Marine Park, marine components of terrestrial reserves managed by Parks Australia, and Antarctic-protected areas. Under delegation from the Director of National Parks, the department’s Marine Division manages 25 of the Commonwealth marine reserves and the Antarctic Division manages the Heard Island and McDonald Islands Marine Reserve.

The department is responsible for the day-to-day management of marine reserves, including compliance and enforcement activities. The department collaborates with other Commonwealth agencies, in particular the Australian Customs and Border Protection Service and the Australian Fisheries Management Authority, and with state agencies, to ensure the effective delivery of management functions. A key objective for 2011–12 was the development of a network management plan for the South-east Commonwealth Marine Reserve Network, which was declared in 2007 and has been under interim management arrangements allowing for ongoing use since that time. The South-east Commonwealth Marine Reserve Network management plan was released for public consultation in July 2012. The plan will provide a framework for future management planning required for new Commonwealth marine reserves identified through the marine bioregional planning process.


Evaluation of Commonwealth marine reserves


  • In 2011–12 the department continued to implement a management program for Commonwealth marine reserves, building on existing partnerships with state and Commonwealth agencies for compliance, research and community education.

  • Cooperative management arrangements were developed with state agencies for service delivery in the South-east Commonwealth Marine Reserve Network, Solitary Islands Marine Reserve, Cod Grounds Marine Reserve, Mermaid Marine Reserve, Ningaloo Marine Reserve, Lord Howe Marine Reserve and the Great Australian Bight Marine Park.

  • A collaborative agreement between the department and the Australian Fisheries Management Authority was established to enable the sharing and analysis of Vessel Monitoring System data from commercial fishers operating in Commonwealth marine reserves, to improve understanding of use patterns in marine reserves. Under the agreement, a ‘geo-fence’ alert system for commercial fishers operating in or entering Commonwealth marine reserves is being developed to assist with awareness of boundaries and rules.

  • A total of 553 aerial surveillance flights were undertaken by the Border Protection Service and the department, resulting in 577 individual visits to Commonwealth Marine Reserves and covering more than 507000 square kilometres of reserve area. (Of these, the department undertook 26 flights, resulting in 50 individual visits to Commonwealth Marine Reserves and covering more than 48000 square kilometres).

  • Management activities in the South-east Commonwealth Marine Reserve Network principally involved developing a draft management plan under the EPBC Act for the network. The management of the South-east Commonwealth Marine Reserve Network also involved the development and implementation of an annual risk-based compliance plan, including aerial surveillance, vessel-based patrols and vessel monitoring.

  • A range of activities in Commonwealth reserves are controlled, or are able to be controlled, under the EPBC Regulations. These include commercial activities (such as mining), commercial fishing, recreational fishing and scientific research. A total of 670 permits and approvals were issued in 2011–12, comprising:

    • 469 commercial fishing (in Great Australian Bight, Solitary Islands, and South-east Commonwealth Marine Reserve Network)

    • 141 commercial tourism activities (charter fishing, scuba diving and whale and shark watching)

    • 35 scientific

    • 19 recreational access (in the Elizabeth, Middleton and Solitary Islands marine reserves)

    • three installations

    • two media activities

    • one seismic exploration.

  • In response to compliance incidents in Commonwealth marine reserves, the department supported the execution of 36 enforcement actions, including two ‘show-cause’ letters, 17 caution notices, four penalty infringements, five pending civil actions, six successful criminal prosecutions (Indonesian fishers on Ashmore Reef National Nature Reserve) under Part 15 of the EPBC Act, and two referrals to the Commonwealth Director of Public Prosecutions for criminal prosecution in relation to offences under the EPBC Act. Additional information on compliance and enforcement activities under the EPBC Act is in Section 2.3.

  • A three-year pilot program to control tropical fire ants (ginger ants), Solenopsis geminata, continued at Ashmore Reef National Nature Reserve. The program extended to other islands in the Ashmore islet system following positive control outcomes.

  • Marine reserve surveys and monitoring were undertaken at Lihou and Corringa Herald marine reserves and other important coral reefs in the Coral Sea Conservation Zone.

  • In partnership with other Commonwealth agencies, three very large ghost nets (which were many kilometres in length) were recovered from northern Australian Commonwealth marine reserves and adjacent waters, to prevent potentially significant impacts on sea turtles, sharks and other species that might become entangled.

  • The department reviewed the current Heard Island and McDonald Islands Marine Reserve Management Plan, and will finalise the new Heard Island and McDonald Islands Marine Reserve Management Plan in 2013.

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. Six of the permits issued by the department under the ATEP Act in 2011–12 facilitated such exemptions.

The department manages access to biological resources, through its system of permit approvals, in an approved arrangement declared on 9 January 2007 under part 8A of the Regulations to the EPBC Act. The department issued 21 permits under part 8A in 2011–12.




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