Commonwealth of Australia Australia’s OceanS policy · 2017-10-19 · Australia’s Oceans...

caringunderstanding

using wisely

Australia’s OceanS policyAustralia’s OceanS policyCommonwealth of Australia

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© Commonwealth of Australia 1998

This document has been prepared by the Commonwealth Government in consultation with allAustralian States, the Northern Territory and the Australian Local Government Association(ALGA) as the basis for a national Oceans Policy. It does not present a formal position or outcomesagreed by State and Territory Governments, their agencies or ALGA.

Australia’s Oceans Policy ISBN 0 642 54580 4

Progress in implementation of Australia’s Oceans Policy will be reviewed in two years from the dateof its release. Your input, comments and suggestions for an effective national Oceans Policy wouldbe welcome at any time.

Electronic versions of the Oceans Policy documents are available athttp://www.environment.gov.au/net/oceanspo.html

Comments can be sent to the address below or by e-mail to: [email protected]

Oceans PolicyMarine Group, Environment AustraliaGPO Box 787Canberra ACT 2601Telephone: (02) 6274 1418Fax: (02) 6274 1006

Information presented in this document may be reproduced in whole or in part for study ortraining purposes or to provide wider dissemination for public response, subject to inclusion ofacknowledgment of the source and provided no commercial usage or sale of the material occurs.Reproduction for purposes other than those given above requires written permission fromEnvironment Australia. Requests for permission should be addressed to: First Assistant Secretary,Marine Group, Environment Australia, GPO Box 787, Canberra ACT 2601.

Editing by: Communications Breakthrough, CanberraDesigned by: Design ONE Solutions, CanberraFilm separations: by Trendsetting Pty Ltd, CanberraPrinted by: Trendsetting Pty Ltd, Canberra

Published by Environment Australia on recycled paperSet in Garamond and Trajan

Reprinted May 1999

acknowledgmentSParticular acknowledgment for assistance, information and access toimages is due to:

• Aboriginal and Torres Strait Islander Commission

• Antarctic Division

• Australian Institute of Marine Science

• Australian Geological Survey Organisasion

• Australian Petroleum Production and Exploration Association

• Bureau of Resource Sciences

• Bureau of Meteorology

• Commonwealth Scientific and Industrial Research OrganisationDivision of Marine Research

• Department of Defence, Directorate of Naval Policy

• Environmental Resources Information Network

• Great Barrier Reef Marine Park Authority

caring understanding using wisely

A MESSAGE FROM THE PRIME MINISTEROur oceans contain resources of enormous potentialbenefit to all. These resources must be managedcarefully to ensure economic benefit exists side byside with sensitive environmental care. We have ashared responsibility of ensuring the long term healthof our oceans. Australia is a world leader in many

areas of marine resource management, scientific endeavour and industrypractices. With the release of Australia’s Oceans Policy we again demon-strate our world leadership by implementing a coherent, strategic plan-ning and management framework capable of dealing with the complexissues confronting the long term future of our oceans.

Australia’s Oceans Policy provides that framework. It also outlines a broadrange of commitments that will translate the Policy into a programme ofpositive action to take us into the new millennium. Through the Policy’simplementation we will be in a strong position to protect and sustainablymanage our ocean resources. This will bring benefits in terms of invest-ment security as well as soundly based conservation outcomes.

While my government has taken the lead in developing Australia’s OceansPolicy, an effective policy must be shaped by the nation as a whole. ThisPolicy has been developed with considerable consultation, sharing ideaswith governments, the community, conservation groups, industry andother resource users on how to ensure the conservation and sustainabledevelopment of our vast natural assets. Many of these ideas have beenincorporated into the Policy. I would like to record my appreciation ofthe constructive contributions that have been made by so many in govern-ment, industry and the wider community.

Putting Australia’s Oceans Policy into action requires partnerships betweenall spheres of government, the private sector, and the scientific and widercommunities. I am confident that the Policy will, like our marineresources, be owned by all Australians.

John HowardPrime Minister of Australia

Australia’s OceanS policyAustralia’s OceanS policy

Australia’s Oceans Policy sets in place theframework for integrated and ecosystem-based planning and management for allof Australia’s marine jurisdictions. Itincludes a vision, a series of goals andprinciples and policy guidance for anational Oceans Policy. Building onexisting effective sectoral and jurisdic-tional mechanisms, it promotes ecologi-cally-sustainable development of theresources of our oceans and the encour-agement of internationally competitivemarine industries, while ensuring theprotection of marine biological diversity.

At the core of the Oceans Policy is thedevelopment of Regional Marine Plans,based on large marine ecosystems, whichwill be binding on all Commonwealthagencies. The first Regional Marine Planwill be developed for the south-easternregion of Australia’s Exclusive EconomicZone. Broadly, this will include watersoff Victoria, Tasmania, southern NewSouth Wales and eastern South Australia.

Australia’s Oceans Policy establishes aseries of arrangements for implementa-tion, including :• a National Oceans Ministerial Board

of key Commonwealth Ministers,chaired by the Minister for the Envi-ronment and Heritage. The Board willbe the decison-making body regardingRegional Marine Plans;

• a National Oceans Advisory Group ofindustry, community and governmentstakeholders;

• Regional Marine Plan St e e r i n gCommittees, which will include re g i o n a lstakeholders; and

• a National Oceans Office, located inEnvironment Australia, which willprovide secretariat and technicalsupport and programme delivery foroceans policy initiatives.

State and Territory governments will beencouraged to participate in the develop-ment of Regional Marine Plans and onthe Steering Committees. Common-wealth-State coordination on oceanspolicy matters in general is proposed totake place through the Australian andNew Zealand Environment and Conser-vation Council.

Australia’s Oceans Policy - Specific SectoralMeasures details the major challenges andthe proposed responses in some twentyareas of oceans planning and manage-ment. These range from the conservationof marine biological diversity, shipping,marine pollution, fisheries and indige-nous interests, to understanding theoceans and protection of the nationalinterest. An important component is theprogressive assessment of the effective-ness of the Oceans Policy and its imple-mentation.

The Government has committed$ 5 0 m i l l i o n over three years for imple-mentation of the Policy. Specific actionson which commitments have been madeinclude:

• commencement of Regional MarinePlanning;

• improved understanding of the marineenvironment, including environmentalbaseline surveys and sustainabilityindicators, monitoring and improvedassessment of the impacts of commer-cial and recreational activities - alltargeted to support Regional MarinePlans;

• accelerated development and improvedmanagement of marine protectedareas;

• support for national mandatory stan-dards for marine and estuarine waterquality;

• support for the development of asingle national ballast water manage-ment system;

• trials to treat acid sulfate soil problemareas;

• a National Moorings Programme forsensitive marine areas; and

• support for the early phased with-drawal of the use of toxic organotinanti-fouling paints, including trib-utyltin paints.

State and Territory Governments will beinvited to endorse Australia’s OceansPolicy as an agreed national approach,and will play an important part inensuring its effective implementation.

Australia’s Oceans Policy2

Australia’s Marine Jurisdictional Zones(Preliminary)

EXECUTIVE SUM MA RY

Australian EEZ

Boundary to be

negotiated

Maximum CS< AEEZ off AustralianAntarctic Territory

Zone of Cooperation

Preliminary Continental Shelf > AEEZ

Au s t ra l i a’s Oceans Po l i c y is neither solelyan environment protection policy norsolely an economic development policy. Itis both. It is a Policy for the ecologicallysustainable development of our oceans.

The Oceans Policy establishes the broadprinciples and planning and manage-ment approaches necessary to achievethat goal. It also commits the Govern-ment to a $50 million package over threeyears to implement a range of initiativesthat will translate those approaches intoaction. This builds on the record levels offunding already provided by the Govern-ment through the $125 million Coastsand Clean Seas initiative of the NaturalHeritage Trust.

Maintaining the health and integrity ofour marine ecosystems is fundamental togood oceans management. Our actionsmust not threaten the biological diversityand ecological processes on whichcontinued ocean uses depend. This is thefoundation on which we will pursue themultiple use management of our oceans.

The oceans are important influences onour climate and so on our primary agri-cultural productivity. Thousands of jobsand millions of dollars of export earningscome from marine industries such asfishing, tourism and petroleum. No lessimportant are the social, recreational andcultural uses we make of the oceans.

Decisions about ocean resource assess-ment, access and use will be transparent,sustainable and provide equitable oppor-

The release of Australia’sOceans Policy in theInternational Year of theOcean positions Australiaas a world leader in imple-

menting integrated oceans planning andmanagement.

T h rough development of Au s t ra l i a’sOceans Po l i c y, the Government has joinedin a partnership with the Australiancommunity to ensure the care, under-standing and wise use of our oceans.

The planning and management systemoutlined here responds to the need fornational coordination and consistency ofpolicy, while allowing for regional diver-sity and continued responsibility withinthe well established industry sectors.

The size of our marine jurisdictions andour scant knowledge about their re s o u rc e spose enormous problems for manage-ment. We have been fortunate in thatconflict between sectors and enviro n-mental degradation has, in re l a t i ve terms,been minimal. The use of our oceanresources is expected to grow. A key goalof this Policy is therefore to ensure thatwe have the management tools in placeto avoid potential conflict between oceanusers. It is an approach that learns fromof some of the mistakes made in relationto land management.

Access to the common ocean resourceswill be guided and monitored by theGovernment on behalf of the communityto ensure ecological sustainability, secu-rity and wealth generation. 3

FOREWORDtunties for the Australian communitynow and for future generations.

Australia’s Oceans Policy is targeted to giveearly tangible results.

• Our marine jurisdictions will beregionalised, based on large marineecosystems, for the purposes of inte-grated ocean planning and manage-ment.

• Regional Marine Plans will be devel-oped. The resources of the marineregions will be assessed, pressures foruse identified, and planning andmanagement options derived in part-nership with key stakeholders.

• Our goals for Regional Marine Plans areto determine the conservation re q u i re-ments of each marine region, includingthe establishment of marine pro t e c t e da reas, pre vention of potential conflictb e t ween sectors in relation to re s o u rc eallocation and provision of long termsecurity to all ocean users.

• We will promote and facilitate thedevelopment of our marine industriesas core components of our economyand drivers of employment growth.

• Our marine and coastal naturalre s o u rces will re c e i ve additional nationalp ro t e c t i o n from pollution, both fromland and sea sources.

• The implementation of the Na t i o n a lRepresentative System of MarineProtected A reas will be accelerated as akey component in the strategy to pro t e c tour marine biological dive r s i t y.

• Together with the Marine Science andTechnology Plan, the Policy will improvemonitoring and understanding of theglobal ocean processes that influenceour marine and terrestrial environ-ments.

Most of the area of ocean under Au s t r a l i a njurisdiction is the direct responsibility ofthe national Gove r n m e n t , but there arealso significant coastal waters where theC o m m o n wealth has handed the primarymanagement responsibility to the St a t e sand Te r r i t o r i e s .

Implementing a national oceans policywill need better coordination between thenational, State and Territory Govern-ments in integrating planning andmanagement to ensure that jurisdictionalboundaries do not hinder effectivemanagement. The Government will seekthe early and full endorsement ofAustralia’s Oceans Policy by the States andTerritories.

Our oceans are valuable national re s o u rc e sand community assets. Australia’s OceansPolicy signals the Gove r n m e n t’s continuingintention to care for, understand and usethese re s o u rces wisely for the benefit of allAu s t r a l i a n s .

Senator the Hon Robert HillLeader of the Government in the SenateMinister for the En v i ronment and He r i t a g e

Healthy oceans: cared for, understood and used wisely for the benefit of all, now and in the future.

A VISION FOR AUSTRALIA’S OCEANS

In seeking to care for, understand and use our oceans wisely, Australia’s OceansPolicy has the following broad goals.

1. To exercise and protect Australia’s rights and jurisdiction over offshore areas,including offshore resources.

2. To meet Australia’s international obligations under the United NationsConvention on the Law of the Sea and other international treaties.

3. To understand and protect Australia’s marine biological diversity, the oceanenvironment and its resources, and ensure ocean uses are ecologicallysustaable.

4. To promote ecologically sustainable economic development and job creation.

5. To establish integrated oceans planning and management arrangements.

6. To accommodate community needs and aspirations.

7. To improve our expertise and capabilities in ocean-related management,science, technology and engineering.

8. To identify and protect our natural and cultural marine heritage.

9. To promote public awareness and understanding.

GOALS FOR AUSTRALIA’S OCEANS

A VISION FOR AUSTRALIA’S OCEANSHealthy oceans: cared for, understood and used wisely for the benefit of all, now and in the future.

GOALS FOR AUSTRALIA’S OCEANSIn seeking to care for, understand and use our oceans wisely, Australia’s OceansPolicy has the following broad goals.

1. To exercise and protect Australia’s rights and jurisdiction over offshore areas,including offshore resources.

2. To meet Australia’s international obligations under the United NationsConvention on the Law of the Sea and other international treaties.

3. To understand and protect Australia’s marine biological diversity, the oceanenvironment and its resources, and ensure ocean uses are ecologically sustainable.

4. To promote ecologically sustainable economic development and job creation.

5. To establish integrated oceans planning and management arrangements.

6. To accommodate community needs and aspirations.

7. To improve our expertise and capabilities in ocean-related management,science, technology and engineering.

8. To identify and protect our natural and cultural marine heritage.

9. To promote public awareness and understanding.

1. The Context for Australia’s Oceans Policy 7Australia’s marine jurisdictions 7

Australia’s ocean environments 7

Marine industries 8

The interests of indigenous Australians 8

The international context 9

2. Integrated and ecosystem-based Oceans Planning and Management 11The need for integrated and ecosystem based oceans planning and m a n a g e m e n t 1 1

Regional Marine Planning - the way forward 11

Essential steps in planning and management 12

The content of Regional Marine Plans 12

3. Implementation Arrangements for Ocean Planning and Management 15Implementation arrangements for the oceans 15

4. Principles for Ecologically Sustainable Ocean Use 19The national policy context 19

Principles for ecologically sustainable ocean use 19

5. IMPLEMENTing australia’s OCEANs POLICY - SOME KEY INITIAL ACTIONS 21Integrated ocean planning and management 21

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contentsConservation of marine biological diversity 23

Ocean uses and impacts 25

Marine pollution 28

Marine tourism 29

Community participation 30

Understanding the oceans 30

Protecting the national interests 31

Assessing effectiveness 31

6. Marine Science and Technology and marine industries 33The Marine Science and Technology Plan 33

The Marine Industry Development Strategy 34

7. Australia’s Oceans Policy - next steps 35

Appendices 36

AppendiX 1 Policy guidance for oceans planning and management 37

AppendiX 2 The legal and constitutional framework of

Australia’s marine areas 41

AppendiX 3 What is ecosystem integrity? 43

A p pe n diX 4 National Re p re s e n t a t i ve System of Marine Protected Are a s 4 5

Selected References 47

Coastline lengths - km

(1:100 000 base)

Proportions of Australia’s total current

marine jurisidiction areas

Australia’s marinejurisdictionsUnder the United Nations Conventionon the Law of the Sea, Australia hasrights and responsibilities over some16 million square kilometres of ocean -m o re than twice the area of the Au s t r a l i a ncontinent.

The great majority of Australia’s marinearea is under sole CommonwealthGovernment jurisdiction.

The areas of ocean and seabed adjacentto Au s t r a l i a’s External Territories comprisearound half of the total area of theAustralian Exclusive Economic Zone(EEZ) and adjacent continental shelf.They are of considerable economic,social, scientific and cultural importance,but their isolation and the harsh condi-tions in the Antarctic and subantarcticterritories pose particular challenges forresource development, conservation andmanagement.

The small island territories are also animportant part of Australia’s ExternalTerritories. The Government aims toprovide residents of the inhabited islandswith the same rights, opportunities andresponsibilities as all Australians. Thisincludes promoting residents’ economicdevelopment and the protection of theirnatural and cultural heritage.

Around continental Australia, soleCommonwealth Government jurisdic-tion stretches from the external bound-aries of the EEZ and continental shelf tothree nautical miles from the coastalbaseline.

However the inshore areas, in particularthose within the three nautical mile zone,fall within the primary jurisdiction of

State and Territory Governments underthe Offshore Constitutional Settlement.These areas are the most directly affectedby land-based and inshore activities.Local Governments also play a significantrole in the planning and management ofthe coasts and coastal waters.

For references and further detail onAustralia’s marine jurisdictions, seeAppendix 2 - The legal and constitutionalframework of Australia’s marine areas.

Australia’s oceanenvironmentsAustralia is one of the most biologicallydiverse nations on earth and our marineenvironments are home to spectaculararrays of species, many of which areunique to Australian waters.

In the southern temperate waters asmany as 80 per cent of species areendemic (not found elsewhere). In then o rth, which is connected by currents tothe Indian and Pacific Oceans, ove r a l ld i versity is higher, although the pro p o rt i o nof endemic species is lower at around tenper cent.

The vast marine area for which Australiahas responsibility is dynamic in nature

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and experiences continuous variability ofphysical, chemical and biological proper-ties on time scales that range from daysto decades.

Australia’s marine areas are in generallygood condition in comparison with othercountries. This is reflected in Australia’sinternational reputation for clean andcontaminant-free seafood products andmarine tourism destinations. We mustmaintain the health of our oceans to keepthat reputation.

There is no room for complacency. Ourocean systems are under increasing pres-sure from many uses, such as fisheries,shipping, mineral and petroleum activi-ties and tourism and recreation. Thesegive rise to significant environmentalpressures, such as those from coastaldevelopment and agriculture, fisheriesbycatch and introduced marine pests.

The impact of run-off and point sourcepollution from urban, agricultural andindustrial activities places substantialpressure on the marine environment.Population growth, both here and over-seas, will inevitably place increasingdemands and pressures on Australia’smarine resources.

Action now to put in place a comprehen-sive system for integrated ocean planningand management will reduce the risk of aprogressi ve decline and irre ve r s i b l e

THE CONTEXT FOR AUSTRALIA’SOCEANS POLICY

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damage to our marine systems. In thisway we will also be able to pre vent envi-ronmental, economic, social and culturallosses that would reduce options forf u t u re use.

For references and further details onAustralia’s marine environments, seeState of the Marine Environment Report1995, Australia: State of the Environment1996, Oceans Policy Issues Paper 7 andBackground Paper 1.

Marine industriesAu s t r a l i a’s marine industries have beeng rowing strongly over recent years. T h e ya re highly export oriented and are majorp roviders of jobs, often in coastal commu-

nities. These industries are important to the economy, contributing aro u n d$ 3 0 billion a year or eight per cent of gro s sdomestic product. They also contributesubstantially to export performance – esti-mated at $6.6 billion in 1994 or seven percent of total export s .

Marine industries have excellent poten-tial to contribute to future economic ande m p l oyment growth. In part i c u l a r, marinetourism and aquaculture can create newjobs in regional Australia. This will bevery important in regions where alterna-tive investment and employment oppor-tunities are limited.

Australia is competitive by world stan-dards in many marine industries. Currentstrengths include the designing andbuilding of high speed aluminium shipsand ferries, offshore oil and gas, marinere s e a rch, tourism, environmental manage-m e n t , algal aquaculture, fish farming andfisheries management.

Growth in marine industries of eight percent per annum has been recorded inrecent years. At the last major review itwas estimated that our marine industriesmight well be valued annually at between$50 billion and $85 billion by the year2020.

For re f e rences and further details onAu s t r a l i a’s marine industries, see theMarine In d u s t ry De velopment St ra t e gy 1997.

The interests of indigenousAustraliaNSThe changing coastline and seas ofAustralia have played a part in shapingindigenous cultures over at least 50 000years. Their cultural and economicimportance for Aboriginal and TorresStrait Islander communities willcontinue.

Indigenous communities have an impor-tant part in the development of inte-grated approaches to the planning andmanagement of marine resources. Thereare several processes under way to iden-tify and agree upon indigenous peoples’interests in the oceans, including thoserelating to marine management andconservation aspirations and responsibili-ties, fishing rights and continued accessto traditional marine resources.

The Torres Strait Treaty, entered into byAustralia and Papua New Guinea in1985, deals with sovereignty andmaritime boundaries in the Torres Strait,and provides for protection of the way oflife and livelihood of traditional inhabi-tants and the marine environment. TheTreaty establishes the Seabed Jurisdictionand Fisheries Jurisdiction lines, withrecognition of Australian sovereigntyover fifteen islands or cays north of the


Seabed Jurisdiction line, including theinhabited islands of Boigu, Saibai andDauan. Traditional inhabitants of TorresStrait can engage in cross-border tradi-tional fishing, but are subject to the lawsapplying in the waters of the countrythey visit.

The internationalcontextAs a party to the United NationsConvention on the Law of the Sea,Australia has sovereign rights to explore,exploit, conserve and manage the naturalresources within the area of our ExclusiveEconomic Zone. We have further rights

and responsibilities to the limits of thecontinental shelf. The protection andecologically sustainable management ofthe ocean on the basis of best availablescientific information are fundamentalresponsibilities which came with thosesovereign rights.

In meeting its national and internationalobligations as a claimant state to theAustralian Antarctic Territory and adja-cent oceans, the Government’s objectivesare to build a systematic knowledge ofthe Antarctic through strategic scientificresearch, to contribute to an under-standing of global climate change, and toprotect and conserve the Antarctic envi-ronment. That will provide the capacityfor greater national effectiveness in theAntarctic Treaty System and in the areascovered by the Antarctic Treaty and theConvention for the Conservation ofAntarctic Marine Living Resources.

Australia recognises the importance ofmaintaining the Antarctic Treaty Systemas an effective mechanism for protectingthe Antarctic Environment, pursuingscience and achieving all of Australia’sAntarctic policy objectives.

Australia also has extensive obligationsunder other ocean-related conventionsand cooperative arrangements dealingwith matters including shipping, meteo-rology, fisheries, biological diversity,

pollution and the conservation of whales,dolphins and porpoises.

As examples, international shipping isguaranteed freedom of navigation inAustralia’s EEZ.

We have maritime boundaries with fiveother nations; Indonesia, Papua NewGuinea, the Solomon Islands, NewZealand and the French sub-antarcticand tropical territories. We have landboundaries in Antarctica with Norway,New Zealand and France.

For references and further details onAustralia’s international obligations, seethe Oceans Policy Background Paper 2.

1. Context for Australia’s Oceans Policy 9

Ecosystem-based oceans planning and management

Ecosystem-based oceans planning and management aims to ensure the

maintenance of:

• ecological processes in all ocean areas, including, for example, water

and nutrient flows, community structures and food webs, and

ecosystem links;

• marine biological diversity, including the capacity for evolutionary

change; and

• viable populations of all native marine species in functioning

biological communities.

An important element of managing our oceans to maintain marine ecosys-

tems is representation within protected areas of marine ecosystem types

across their natural range of variation.

With the fundamental objective of maintaining ecosystem integrity, ecosystem-

based management re q u i res development beyond the strictly sectoral focus of

some management approaches with the aim of ensuring that:

• Connections across ecological dimensions (populations, species,

habitats, regions) are taken into account, not just effects at one level.

• Planning and management boundaries recognise ecological entities,

integrating across other administrative, sectoral and jurisdictional

boundaries.

• Data are collected for ecosystem-based management, to provide the

basis for sectoral and cross-sectoral integration.

• Management is monitored for maintenance of ecosystem health,

against ecosystem-based performance indicators, and can be adapted

in response to environmental and other indicators of change.

• Management decisions are planned and precautionary, based on

assessments of the consequences of use, rather than solely reactive.

• There is recognition that human activity is a fundamental influence in

many marine ecological patterns and will be the focus for planning

and management action.

• N a t u ral and human values should be integrated taking into account

that, while biological diversity values must be recognised and

i n c o r p o rated as a key part of planning and management pro c e s s e s ,

human values will play a dominant role in decisions about ocean uses.

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The need for integrated ande co s y s t e m - bas e doceanS planning andma n a g e m e ntAustralia’s ocean ecosystems and theirmarine biological diversity are corenational assets. If our use of them is wellmanaged, they can meet a broad range ofeconomic, social and cultural aspirations.They also provide a range of essentialenvironmental services that would beextremely costly or impossible to restoreor replace if ecosystem functioning wasimpaired.

Urban and infrastructure development inthe coastal zone, together with the devel-opment of marine industries, continue toplace increasing demands on our coast-line and oceans. Past management prac-tices have not allowed us to assess andameliorate the cumulative impacts of ouractions on ocean health and productivity.

If we were to continue without inte-grating our oceans planning and manage-ment we could not be confident thatAustralia would avoid following so much

of the rest of the world in a spiral ofmarine resource degradation.

The collapse of a number of majormarine ecosystems and fisheries resourcesin the northern hemisphere, with theassociated economic damage and socialdislocation, is a stark warning of thevulnerability of marine systems. InAustralian waters, the degrading of ourunique temperate seagrasses and seriousdeclines in stock of important commer-cial fish species such as southern bluefintuna, southern sharks, orange roughy andgemfish, show that we are not immunefrom such threats.

The Commonwealth and all State andTerritory Governments have madecommitments in the past under theNational Strategy for EcologicallySustainable Development which are rele-vant to the Oceans Policy (see box page18). In applying that Strategy to ouroceans, the emphasis to date has been onactions within the separate sectors, suchas fisheries, petroleum, and protectedareas. While progress has been made,until now management and decisionmaking have not been integrated acrossthe various sectoral interests.

Management of our oceans purely on anindustry-by-industry basis will not besustainable in the long run. Activitiessuch as fishing, tourism, shipping, aqua-culture, coastal development and petro-leum production must be collectivelymanaged to be compatible with eachother and with the ecological health ofthe oceans.

With Au s t ra l i a’s Oceans Po l i c y, the Gove r n-ment is introducing a refinement of thecommitment to ecologically sustainabled e velopment. The Government iscommitted to integrated ecosystem-basedplanning and management for multipleuses of our oceans. This includespursuing improved coordination betweenthe States and the Commonwealth toensure that jurisdictional boundaries donot hinder effective planning andmanagement.

The Government recognises the need top rovide for increased capacity to under-stand our marine environments, thro u g hi n c reased scientific effort. That under-standing is fundamental to the goodmanagement of our oceans and the pro t e c-tion of ecosystems and marine biologicald i ve r s i t y.

Regional MarinePlanning –the way forwardThe Commonwealth’s commitment tointegrated and ecosystem-based planningand management will be implementedthrough the introduction of a majorRegional Marine Planning process. Theprocess will be designed to improve link-ages between different sectors and acrossjurisdictions.

Regional Marine Plans – based on largemarine ecosystems – will integrate sectoralc o m m e rcial interests and conserva t i o nre q u i rements. In developing Re g i o n a lMarine Plans, the Commonwealth willseek the participation of the relevantStates and Territories, to ensure, as far aspossible, the integration of planning andmanagement across State and Common-wealth waters. The broad Principles forEcologically Sustainable Ocean Use thatwill be applied are given in Section 4,with additional Policy Guidance inAppendix 1.

2INTEGRATED AND ECOSYSTEM-BASED OCEANS PLANNING ANDMANAGEMENT

Either singly or in combination, ourocean and land-based uses must notthreaten ocean ecosystem health. Theobjective is to manage our actions to:

• ensure continuing marine ecosystemhealth;

• safeguard marine biological diversity;• promote diverse, strong and sustain-

able marine industries;• provide increased certainty and long-

term security for all marine users; and• ensure the establishment of a represen-

tative system of marine protected areas.

In pursuing this, the Government willaccelerate the development of the Na t i o n a lRe p re s e n t a t i ve System of Marine Pro t e c t e dAreas (NRSMPA).

Further information on ecosystem-basedmanagement is at Appendix 3 and on theNRSMPA and internationally recognisedprotected area categories at Appendix 4.

All relevant agencies will be required toabide by the outcomes of the Plans. Indeveloping the framework for RegionalMarine Planning, the Government willconsult with stakeholders on the need forand form of a statutory base for thedevelopment and implementation ofRegional Marine Planning.

Essential steps inplanning andmanagementPrudent management of our oceanresources requires an orderly process ofoceans planning and management. TheGovernment will establish planning andmanagement arrangements for ouroceans which are capable of accommo-dating the following steps, includingdeveloping a regionalisation of ouroceans based on large marine ecosystems,to underpin the preparation and imple-mentation of Regional Marine Plans. Foreach marine region we will need to:

• assess our ocean resources, on abiogeographical basis;

• understand the current uses of thoseresources and the emerging pressureson them;

• evaluate what is needed to maintainecosystem health and integrity, and theimplications for sectoral activities andconservation reservation;

• propose allocations of ocean resources,delivered principally through existingresponsible sectoral managementarrangements, using multiple use prin-ciples to generate income and employ-ment and to optimise long-term bene-fits to the community;

• assess and control the external impactsof proposed resource uses;

• continually monitor the performanceof ocean planning and managementprocesses; and

• maintain flexibility to respond toemerging information within thisbroad framework.

The governance mechanisms to imple-ment these integrated planning andmanagement processes are detailed inSection 3 - Implementation Arrange-ments for Oceans Planning and Manage-ment.

These mechanisms emphasise the role ofthe National Oceans Ministerial Board inoverseeing and approving RegionalMarine Plans, which will be developedwith the guidance of Regional MarinePlan Steering Committees of key non-government and government stake-holders.

The content ofRegional MarinePlansThe development of Regional MarinePlans will provide a structured andorderly process for the ecosystem-basedallocation of resource access and useacross and within sectors.

Key interest groups and gove r n m e n tagencies will be re p resented on St e e r i n gCommittees established to oversee the

d e velopment of each Regional Ma r i n ePlan. Ex t e n s i ve community consultationwill be undertaken, to ensure an open andt r a n s p a rent pro c e s s .

Current jurisdictional boundaries do notreflect the boundaries of marine ecosys-tems. One of the goals of the RegionalMarine Planning process will be to estab-lish complementary management re g i m e sin both State and Commonwealth


MARINE BIOLOGICAL

DIVERSITY

‘Marine biological diversity’ refers to

the ‘variety of living organisms in the

estuaries and oceans, their genes, and

the ecosystems of which they form a

part’ (Source: National Strategy for the

Conservation of Australia’s Biological

Diversity, 1996).

A marine ecosystem is a ‘dynamic

complex of plant, animal and micro-

organism communities and their non-

living environment interacting as a

functional unit’ (Source: Convention on

Biological Diversity, June 1992).

tools that can be drawn on in the deve l o p-ment of Regional Marine Plans include:

• d e velopment of clear regional objec-t i ves for uses, re s o u rces and ecosystems;

• zoning for multiple or single uses,including sequential and seasonal uses;

• resource-specific allocations for accessand use, through the existing respon-sible sectoral management arrange-ments;

• complementary planning and manage-ment requirements implemented byindividual sectors;

• outcome-based measures, with industryor user-determined mechanisms forimplementation; and

• sustainability indicators, monitoring,reporting and adaptive development ofmanagement controls.

These planning and management toolscan be used singly or in combination.Regional Marine Plans will be developedto accommodate the different circum-stances that will apply amongstAustralia’s very diverse regional marineenvironments.

• put in place a planning regime toprevent conflict between differentsectors over resource access and alloca-tion;

• p rovide a framew o rk within which thereis increased certainty and long-termsecurity for marine-based industries; and

• establish indicators of sustainabilityand requirements for monitoring,reporting and performance assessment.

Additional guidance on ecosystem-basedplanning and management and onmultiple use of the oceans is contained inAppendices 1 and 3.

Effective planning and management formultiple ocean uses and the maintenanceof ocean ecosystem health requires inte-gration across economic, environmentaland social and cultural objectives.

The Regional Marine Plans will have todraw on available environmental,resource and economic and social infor-mation. They must be able to provide theincreased security required by industryand other users and the capacity torespond adaptively to new information,to new opportunities, and to unforseenimpacts on ocean systems.

We will need to develop innova t i vea p p roaches to deal with the scale andcomplexity of our marine ecosystems.Existing major planning and management

waters. State Governments will thereforebe invited and encouraged to participatein the process so that the RegionalMarine Plans cover both Commonwealthand State waters.

All Commonwealth agencies will berequired to operate in accordance withthe Plans. For each marine region theRegional Marine Plan will, broadly:

• identify ocean resources and economicand other opportunities;

• identify current and emerging threatsto ecosystem health and determineplanning and management responsesto those threats;

• within the region, set out what is know nof ecosystem characteristics and a bro a dset of objectives for those systems;

• identify the requirements and priori-ties for environmental baseline andbasic biological inventory and othersurveys in the development ofRegional Marine Plans;

• identify priorities and put in placemeasures to meet conservation require-ments and determine those areas thatshould be assessed for marineprotected area declaration;

• identify community and sectoral inter-ests, including the interests of Ab o r i g i n a land To r res Strait Islander communities;

• identify priorities for industry andeconomic development of the region;

2. Integrated ocean planning and management 13

Oceans Planning and Management: Key National Elements for Australia

marine issues relating to nationaloceans policy implementation andregional marine planning, havingregard to the existing priorities andprogrammes within Commonwealthagencies;

• consider marine research prioritiesrelated to development and implemen-tation of Australia’s Oceans Policy;

• promote strategic coordination acrossthe agencies responsible for the devel-opment and representation of

Australia’s positions in internationalmarine and oceans forums;

• establish the National Oceans Advi-sory Group as a non-governmentconsultative and advisory body; and

• guide the actions of the NationalOceans Office, through the Chair.

National Oceans AdvisoryGroupThe National Oceans Advisory Groupwill be comprised predominantly ofmembers with non-government interests,such as industry, science and conserva-tion, selected for expertise in oceansissues. The Advisory Group will be estab-lished by and report to the National

ImplementationARRANGEMENTS FORTHE OCEANSAu s t r a l i a’s Oceans Policy will be imple-mented through institutional arrange-ments which emphasise ministerialre s p o n s i b i l i t y, consultation and stake-holder participation and we l l - c o o rd i n a t e dg overnment support .

Key Elements• National Oceans Ministerial Board

• National Oceans Ad v i s o ry Gro u p

• National Oceans Office

• Regional Marine Plan SteeringCommittees

These Commonwealth arrangementshave been framed with a view to encour-aging the cooperation and participationof the States and Territories, coordinatedthrough the Australian and New Ze a l a n dEn v i ronment and Conservation Counciland the development of Regional MarinePlans.

National Oceans MinisterialBoardA National Oceans Ministerial Board willbe established. It will include theCommonwealth Ministers responsiblefor the environment (Chair), industry,resources, fisheries, science, tourism andshipping. It will be able to co-opt otherministers as necessary, including forexample defence and foreign affairs.

The principal responsibility of the Boardwill be to oversee the Regional MarinePlanning process. The Board will developthe scope and timetable for RegionalMarine Plans and ultimately approveeach Plan.

The Board will also:

• have primary responsibility for theimplementation and further develop-ment of Australia’s Oceans Policy;

• coordinate cross-sectoral oceans policyissues relating to Commonwealthwaters, jurisdiction and obligations;

• consult on the coordination of priori-ties for programme expenditure on

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15

Implementation ARRANGEMENTS FOR OCEANsPLANNING AND MANAGEMENT

Oceans Ministerial Board, which willagree its agenda and work programme.

The National Oceans Advisory Groupwill:• work through and advise the Board on

cross-sectoral and cross-jurisdictionaloceans issues, focussing on gaps, over-laps and priorities and examiningmatters such as integration issues andecosystem-based planning and manage-ment;

• advise on the scope and effectiveness ofthe Regional Marine Planning process;

• be a forum for exchanging informationand views between the various oceansectors; and

• be supported by the National OceansOffice.

National Oceans OfficeA National Oceans Office will be estab-lished to support the National OceansMinisterial Board, the National AdvisoryCommittee and Regional Marine PlanSteering Committees. It will providesecretariat and technical support andprogramme delivery, in consultation withother Commonwealth agencies. It willassist the Board in the implementationand further development of Australia’sOceans Policy. The Office will report tothe National Oceans Ministerial Boardand will be housed in EnvironmentAustralia.

By reference from and under the direc-tion of the National Oceans MinisterialBoard, the National Oceans Office willundertake a range of functions, includingthose to:

• support the National Oceans Ministe-rial Board and the National OceansAdvisory Group;

• support Regional Marine Plan SteeringCommittees and coordinate the devel-opment of Regional Marine Plans.The Plans will be put to the NationalOceans Ministerial Board for consider-ation and endorsement;

• c o o rdinate the overall implementationand further development of the Oc e a n sPolicy;

• support the Australian and NewZealand Environment and Conser-vation Council (ANZECC) in itsconsideration of matters related to thedevelopment and implementation ofoceans policy;

• act as the main administrative coordi-nation point between the Common-wealth, States and Territories on oceanspolicy implementation, including theinvolvement of relevant State andTerritory agencies in the developmentand implementation of RegionalMarine Plans; and

• coordinate and distribute informationon oceans policy implementation andregional marine planning matters toall stakeholders,

• provide advice to the Ministerial Boardon marine research priorities related todevelopment of t h e Oceans Policy.

Regional Marine Plan SteeringCommitteesRegional Marine Plan Steering Commit-tees, including key non-government andgovernment stakeholders, will be estab-lished by the National Oceans Ministe-rial Board. The Steering Committees willoversee development of Regional MarinePlans, working closely with the NationalOceans Office and report to the Board.


State and Territory governments andagencies will be encouraged to participateon the Steering Committees where theyare involved in Regional Marine Plans.

Commonwealth-State Cooperation The Government will propose that the Australian and New Zealand Envi-ronment and Conservation Council bethe coordination forum for Common-wealth-State consultations on the imple-mentation of Australia’s Oceans Policy . Inworking through ANZECC theCommonwealth Government willemphasise the need to accommodate theinterests of all sectors, noting that theCouncil of Australian Governmentsprotocol on the operation of MinisterialCouncils requires representatives to takewhole-of-government positions toCouncil meetings.

When developing the framework forRegional Marine Plans, the Common-wealth will work through ANZECC toensure the integration of planning acrossState and Commonwealth waters. Otherrelevant Commonwealth-State ministe-rial councils, such as those with responsi-bilities for transport, fisheries andminerals, will continue to maintain theirsectoral responsibilities. They will beexpected to accommodate the cross-juris-

dictional consultations on oceans policywhich take place through ANZECC.

Members of the National MinisterialOceans Board who are also members ofrelevant Commonwealth/State ministe-rial councils will ensure that linkages aremade on issues of mutual interest.

In addition to this general coordinationrole proposed by the Government,ANZECC has agreed that it has a partic-ular role in pursuing cross-jurisdictionalpolicy development and implementationfor a range of oceans policy issues. Theseinclude marine biological diversityconservation, marine protected areas,achieving ecologically sustainable oceanresource use, ecosystem-based oceansplanning and management and marinepollution. ANZECC has also agreed thatit will take on the responsibility foroverall reporting on the cross-jurisdic-tional aspects of the environment andconservation performance of Australia’sOceans Policy.

The implementation arrangementsdescribed above recognise the following.

• Existing sectoral management arrange -ments will remain. Integrating oceanplanning and management across allsectors should provide an additionalimpetus for improving sectoralmanagement.

• Management arrangements for someresource sectors have been significantlymodified in recent years to takeaccount of commitments to wider

community consultation, incorpora-tion of concern for ecosystem impacts,and developments required by newindustries and changing technologicalcapacities.

• Institutional arrangements will reflectthe need for stability in the investmentclimate and minimum necessarycompliance costs for ecologicallysustainable marine industries.

• The Offshore Constitutional Settle-ment remains the basis for themanagement of specific sectors acrossjurisdictional boundaries. However,consideration will be given to adminis-trative changes that may be needed sothat the full range of cross-jurisdic-tional issues can be addressed effec-tively in implementing the RegionalMarine Planning processes.

3. Implementation arrangements 17


THE NATIONAL STRATEGY

FOR ECOLOGICALLY

SUSTAINABLE

DEVELOPMENT

The goal of Australia’s National

Strategy for Ecologically Sustainable

Development is ‘development that

improves the quality of life, both

now and in the future, in a way that

maintains the ecological processes

on which life depends’.

The core objectives of the Strategy

are:

• to enhance individual and

community well being and welfare

by following a path of economic

development that safeguards the

welfare of future generations;

• to provide for equity within and

between generations; and

• to protect biological diversity and

maintain essential ecological

processes and life-support

systems.

-45 S

-40 S

-35 S

-30 S

-25 S

-20 S

-15 S

-10 S

110 E

115 E120 E

125 E 130 E 135 E 140 E145 E

150 E

155 E

160 E

Biogeographic perspectives of Australia’s marine jurisdictions are provided at two different scales:

the diagram at upper left is from the Interim Marine and Coastal Regionalisation of Australia

(IMCRA, Commonwealth of Australia 1998) the other an initial Large Marine Ecosystem or

marine domain regionalisation (CSIRO Divsision of Marine Research 1998)

The national policy context The institutional arrangements for oceanplanning and management outlined inSection 3 will be expected to abide by thepolicy guidance contained in this sectionand Appendix 1.

The vision and goals for Australia’sOceans Policy are consistent with a rangeof related national policies and agree-ments, including:

• the National Strategy for EcologicallySustainable Development (1992);

• the National Strategy for the Conserva-tion of Australia’s Biological Diversity(1996); and

• the Intergovernmental Agreement on theEnvironment and the Heads of Agree-ment on Roles and Responsibilities(1998).

Australia’s Oceans Policy has been devel-oped within the context of these nationalpolicies.

Principles forecologicallysustainable oceanuseThe following principles should beapplied to all decisions and actionsaffecting access to and use of Australia’smarine jurisdictions and adjacent waters,and the associated resource base. Theyshould be considered together, recog-nising that ocean ecosystem health andintegrity is fundamental to ecologicallysustainable development.

• The maintenance of healthy andp ro d u c t i ve marine ecosystems is funda-mental to the management of both theoceans and of the land.

• The benefits from the use of Australia’scommon ocean resources, and theresponsibilities for their continuedhealth and productivity, should beshared by all Australians.

• Internationally competitive andecologically sustainable marine indus-tries are essential for wealth generation,employment and continued regionaldevelopment.

• Economic, environmental, social andcultural aspirations are to be accom-modated through integrated planningand management of multiple uses ofocean resources.

• Management of human activities thataffect our oceans will require progres-sive improvement in our under-standing of living and non-livingocean resources and processes.

• Ocean planning and managementdecisions should be based on the bestavailable scientific and other informa-tion, recognising that informationregarding ocean resources will often belimited.

• If the potential impact of an action isof concern, priority should be given tomaintaining ecosystem health andintegrity.

• Incomplete information should not beused as a reason for postponingprecautionary measures intended toprevent serious or irreversible environ-mental degradation of the oceans.

• The processes for assessing, planning,allocating and managing the oceanresources should:- be easily understood and openly

justified;- be certain;- have clear lines of accountability;- p rovide for equity within and betwe e n

generations;- be designed to deliver outcomes

that balance long and short-termeconomic, environmental, social andcultural considerations;

- i n vo l ve the minimum effective re g u-l a t o ry burden on ocean users re q u i re dto meet economic, environmental,cultural and social objectives;

- e n s u re cooperation and coord i n a t i o nb e t ween governments and acro s s thesectors which use the oceans; and

- take into account wider interests andensure effective community involve-ment.

Appendix 1 contains detailed PolicyGuidance that is to be used by managersin implementing and reporting on plan-ning and management arrangements forAustralia’s oceans.

4

19

PRINCIPLES FOR ECOLOGICALLYSUSTAINABLE OCEAN USE

Australia’s Oceans Policy takes a substan-tial step towards caring for, under-standing and using our oceans wisely.

The following measures provide a solidbasis for translating the principles of thepolicy into action, and for the long-termecological health and continuedeconomic development of our marinejurisdiction. They also provide thebuilding blocks for effective nationalintegration across jurisdictional bound-aries.

The Government will provide $50 million over three years for theimplementation of these initiatives.

The initiatives complement a broadrange of Government programmes andactivities already addressing many of theissues identified in this Policy.

For example, Coasts and Clean Seasprogrammes under the Natural HeritageTrust are providing record levels offunding to address major issues such asland-based sources of marine pollution,introduced marine pests, coastal degrada-tion, fish habitat rehabilitation and

marine species protection. Other NaturalHeritage Trust funded programmes suchas Landcare, Bushcare, Waterwatch andthe Endangered Species Program are alsohelping to achieve Oceans Policy goals.

Industry has already begun to movetowards sustainable use of oceanresources, minimising the environmentalimpacts of sectoral activities. Australia’sOceans Policy continues to emphasiseindividual sectoral management respon-sibilities and stewardship to achieve ourvision for the oceans.

It is important to note that the actionsdescribed in this section are not exhaus-tive. The accompanying document,Australia’s Oceans Policy - Specific SectoralMeasures outlines the range of actionsnecessary to address the implementationof this Policy in and across the oceanssectors.

The National Oceans Office will becharged with developing a detailed andauditable implementation schedule,which will be finalised within six monthsof the release of this Policy. This willaddress the actions as necessary to ensure

the conservation and ecologically sustain-able use of our oceans identified duringdevelopment of the Policy.

The actions and initiatives set out belowwill support the central themes of thisPolicy and address sector specific issues.

INTEGRATED OCEANPLANNING ANDMANAGEMENT

New institutional arrangementsThe new institutional arrangements forthe Oceans Policy comprise the NationalOceans Ministerial Board, the NationalOceans Advisory Group and theNational Oceans Office and RegionalMarine Plan Steering Committees. Thefunctions of these bodies and their link-ages are detailed in Section 4.

Regional marine planning forthe south-eastern region ofAustralia’s EEZThe Government will implementecosystem-based management for ouroceans through the development ofRegional Marine Plans (detailed inSection 2).

Regional Marine Plans will be based onlarge marine ecosystems. They will main-tain ecosystem heath and integrity whilepromoting multiple use of our oceans byintegrating sectoral commercial interestsand conservation requirements.

The Government believes it is importantthat early progress is made on integratedplanning and management of an impor-tant oceans region to demonstrate thebenefits of the approach more generally.

The first Regional Marine Plan will bedeveloped for the south-eastern region ofAustralia’s EEZ. Its boundaries will bedetermined by the National OceansMinisterial Board, but on available infor-mation the Plan is likely to include theCommonwealth waters off the south eastof South Australia, Tasmania, (including

5

21

implementing Australia’s Oceans Policy - some key initial actions

Macquarie Island), Victoria and south-eastern New South Wales.

This south-eastern region encompassessome 12-15% of the national coastline;involves the jurisdictions of theCommonwealth and four states; and ithas more than 50 per cent of the nationalpopulation in the adjacent coastal lands.

The area also contains major marineindustries such as tourism, fisheries, aqua-c u l t u re, offshore petroleum and sea trans-port which are essential to the regionaland national economies.

The development of Regional MarinePlans will involve undertaking regionalresource assessments of marine areas,including consideration of current andpossible uses, and proposals for broadcross-sectoral priorities and resource allo-cations among the sectoral uses.

The Commonwealth will seek the coop-eration and participation of theTasmanian, South Australian, Victorianand New South Wales governments toensure, as far as possible, the integrationof planning and management in thesouth-eastern region.

National marine resourcesurveys, sustainability indicators and monitoring Our limited national capacity to collectmarine information has affected not onlyour understanding of processes and ourk n owledge of the basic re s o u rce base, butalso our capacity to identify and assessindividual and cumulative impacts fro mocean uses. The Government is committedto improving the understanding of oceans y s t e m s .

• Funds will be provided to supportrapid assessments of the biologicalresources of Australia’s oceans. Theresulting information base willunderpin effective regional integrationfor planning and management,including core components such as theNational Representative System ofMarine Protected A reas. These assess-ments will also benefit industry byp roviding information on potential newre s o u rces such as deepwater fisheries andp h a r m a c e u t i c a l s .


• A series of indicators of ocean environ-mental health and integrity will bedeveloped. These can also serve as indi-cators of the sustainability of oceanuses for ocean planning and manage-ment purposes. Resources will also beprovided for increasing the level ofassessment of the environmentalimpacts of commercial and recre-ational activities and for monitoringand performance assessment ofAustralia’s Oceans Policy.

CONSERVATION OFMARINE BIOLO G IC A LDIVERSITYOur seas include an amazing variety ofplants and animals which all contributetowards Australia’s rich marine biologicaldiversity. Australia is the only developednation which has been described as‘mega-diverse’. Our relative isolationmeans that an unusually large proportionof our marine fauna and flora is uniqueto Australian waters, especially in ourcooler temperate areas.

Conservation of our marine biologicaldiversity is an important goal of theGovernment which will be achievedthrough a variety of means.

National Representative Systemof Marine Protected AreasThe Government is committed to accel-erating the development of the NationalRepresentative System of MarineProtected Areas. It is essential that theNRSMPA is established as quickly aspossible both for conservation purposesand to give regional security for industryaccess to ocean resources.

• Additional funding will be providedto:- accelerate the declaration and

management of marine protectedareas in Commonwealth waters,including the declaration of five newparks now under assessment;

- refine tools for identification andselection of marine protected areas;

- develop partnerships with key stake-holders to assist in the implementa-tion of the NRSMPA; and

- develop performance measures forthe NRSMPA.

As far as possible, future representativemarine protected area proposals underthe Commonwealth’s NRSMPA pro-gramme will be developed as part of theRegional Marine Planning process. Areasof known outstanding conservationsignificance will, however, continue to beassessed for protection in accordancewith the existing processes.

Great Barrier Reef Marine ParkThe Great Barrier Reef is one ofAustralia’s best known natural wonders.The Government has placed a highpriority on improving its managementand protection through the Great BarrierReef Marine Park Authority.

The Government will:

• add to the Great Barrier Reef MarinePark further areas in the Great BarrierReef Region which are not yet in thePark;

• increase surveillance and enforcementmeasures in the Great Barrier Reef;

• implement a policy requiring the useof bycatch reduction devices and turtleexcluder devices in the Great BarrierReef World Heritage Area by 31March 2000; and

• complete a review of existing protec-tive arrangements to ensure appro-priate levels of protection for allhabitat types within the Great BarrierReef World Heritage Area.

5. Implementing Australia’s Oceans Policy 23

Marine Species ProtectionProtection of Australia’s native fauna andflora, especially our endangered specieshas been an important commitment ofthe Government.


• nominate the Great White Shark forinternational protection;

• within two years, introduce regulationson access to genetic resources inCommonwealth waters;

• ensure that recovery plans for allthreatened marine species and commu-nities will be required, even if they donot occur in Commonwealth waters;

• provide for regulations to be made

defining specialised criteria for theassessment of the conservation statusof marine biota; and

• recognise in legislation for the firsttime, ‘c o n s e rvation dependent’ speciesand vulnerable ecological communities.

WhalesAustralia has been a world leader in theprotection of whales. The Governmenthas a strong commitment to protectingwhales which it has vigorously pursued.


• nominate for international pro t e c t i o nunder the Convention on Conserva t i o nof Mi g r a t o ry Species of Wild Animals1979 (the Bonn Convention) alldolphins and porpoises inhabitingAustralian waters which meet the re l e-vant criteria;

• strengthen protection for whales bylegislating to create the AustralianWhale Sanctuary and to ban capturefor live display;

• continue to pursue an internationalban on commercial whaling; and

• promote the establishment of a SouthPacific Whale Sanctuary to comple-ment the Southern Ocean WhaleSanctuary and as an important steptowards a Global Whale Sanctuary.

Protection for matters ofnational environmental significance The Environment Protection and Biodi-versity Conservation Bill before Parlia-ment identifies the marine environmentas one of a range of matters of nationalenvironmental significance. This isconsistent with the Council of AustralianGovernments’ Heads of Agreement onRoles and Responsibilities for the Envi-ronment.

• With limited exceptions, all actionsand decisions which may have a signif-icant impact on Commonwealthmarine areas, or which take placewithin Commonwealth marine areasand may have a significant impact onthe environment, will be subject to theenvironment protection proceduresunder the new legislation.

The Environment Protection and Biodi-versity Conservation Bill also provides forstrategic assessments of the impacts ofactions arising from policies, plans andprogrammes, allowing for recommenda-tions from the Minister for the Environ-ment and Heritage and subsequentendorsement of the policies, plans andprogrammes by the Minister.


• The Government will continue tosupport the development of a compre-hensive aquaculture industry policyframework, including regulatoryguidelines and co-management strate-gies.

BycatchBycatch reduction is a key area for actionby governments and the fishing industry.It is essential to implement an ecosystem-based approach to fisheries management.

• The Government will finalise andimplement a Commonwealth FisheriesBycatch Policy.

• Fundamental to the Bycatch Policy’simplementation will be the develop-ment of fisheries specific action plans,including the formal incorporation ofBycatch Action Plans in Common-wealth fisheries management arrange-ments.

• A National Bycatch Policy will also bedeveloped, drawing on the develop-ment of the Commonwealth Policy.

The Government recognises the impor-tance of educating the fishing commu-nity about environmental issues and the

• The Government will, as appropriate,use strategic environmental assessmentas a key mechanism in the develop-ment, endorsement and implementa-tion of Regional Marine Plans.

OCEAN USES ANDIMPACTSProgress has been made in developingecologically sustainable industry sectorswhich contribute to the economic andsocial well being of Australia.

In addition to the increased certainty,long-term security and new opportuni-ties for economic growth that will arise asa result of the Regional Marine Planningprocess, the Government will fosterindustry-generated development andprogress within the sectors.

Fisheries and Aquaculture

ManagementCatches in well managed fisheries aresustainable in the long term. Australia’scommercial fisheries management is wellregarded internationally. The AustralianFisheries Management Authority has thelead in developing co-managementarrangements for ecologically sustainablefisheries. However over capacity andexcess effort in some fisheries has led tooverfishing and a reduction in the

viability of fishing operations and marinespecies populations.

Measures to remove excess capacity fromAustralian domestic fisheries willcontinue to be pursued so that fishingeffort does not exceed ecologicallysustainable levels.

The adoption of self-funded adjustmentstrategies implemented through a rangeof economic incentives for those fisheriesidentified as needing adjustment will beaddressed.


• carry out an industry developmentprogramme in 1999 in the southernshark fishery to make the industrymore viable while protecting the envi-ronment;

• establish a government-industry work-ing group to look at options for anindustry development programme inthe southeast non-trawl fishery;

• through the Competition PolicyReview carry out a comprehensivereview of our fisheries laws and regula-tions by July 1999 to streamline proce-dures and minimise compliance costsfor small businesses; and

• continue the existing cost recoverypolicy for fisheries and not imposeresource rent on the industry.

The Government recognises that recre-ational, charter and commercial fishingoften compete for the same resources.The management of these activities mustbe integrated to reflect that fact.

• As an important aspect of theecosystem-based approach, the proce-dures for integrated regional planningand management will include mecha-nisms for resolving questions ofresource allocation between thesefishing sectors.

• The Government will also appoint agamefishers’ representative to theEastern Tuna and Billfish FisheryManagement Advisory Committee.

• The Government will also conduct a$1.8 million National RecreationalFishing Survey to assist in bettermanagement of both the recreationaland commercial fishing sectors.

Aquaculture has great potential todevelop further export markets for highvalue products and contribute to regionaldevelopment opportunities.

Site selection, waste management, diseaseand pest control, and feedstock sourcingare emerging as critical challenges in theindustry’s long term sustainability. Insome cases, the development of aquacul-ture enterprises has sparked considerablecommunity opposition.


applicability of bycatch reductiondevices. Most fishers recognise their envi-ronmental responsibilities and, with theright advice and support, implementenvironmentally sound fishing practices.

• The Government is providing $700,000to assist the establishment of a networkof fisheries officers which will pro m o t ee n v i ronmentally sound fishing practices.This is in support of a joint initiative bythe Australian Seafood In d u s t ryCouncil, Oceanwatch and theAustralian Marine Conservation So c i e t y.

• The Government will implement theThreat Abatement Plan to reduce theimpact of fishing on seabirds.

Environmental impactassessmentT h e re can be significant enviro n m e n t a leffects on sea floor communities and onj u venile fish from trawling and scallopd redging. Together with the impacts ofove rfishing, there is sufficient communityconcern re g a rding the sustainability offisheries to warrant a strategic approach to demonstrating that fisheries will bemanaged sustainably.

• The Government will undert a k estrategic environmental impact assess-ments of all new management plans forC o m m o n wealth fisheries, and, within af i ve year period, all those fisheries that

do not have a management plan. T h eEn v i ronment Protection and Bi o d i ve r s i t yC o n s e rvation Bill, c u r re n t l y b e f o re theParliament, will be the vehicle for this.

• The Government will remove thecurrent blanket exemption of marinespecies from wildlife export controls toensure exemptions are available onlyfor marine species harvested in accor-dance with sustainable and ecologi-cally-based management arrange-ments.

Offshore petroleum andmineralsOffshore petroleum is a major economicuse of Australia’s marine environment.The offshore minerals industry is in avery early stage of development withlimited knowledge of offshore resources.

Future growth in use of offshore mineralsand petroleum will be influenced by theavailability of capital for high risk invest-ments and the long lead times to fulldevelopment.

• Accordingly, the Government willcontinue to improve petroleumoffshore strategies to maintain relevantand effective access to explorationacreage.

• The Government will also improveAu s t r a l i a’s international inve s t m e n ta t t r a c t i veness through continued inve s t-ment in pre - c o m p e t i t i ve geoscientific

s u rveys and analysis, and improve daccess to public exploration data lodgedunder legislative re q u i re m e n t s .

• The Government will spend an addi-tional $33 million over four years tohelp identify new offshore oil zones inAustralia’s Exclusive Economic Zone,including the southern continentalmargin of the Great Australian Bight.

The Petroleum (Submerged Lands) Act1967 is the primary legislation for theadministration of Australia’s offshorepetroleum resources. The Act is over30 years old and has become complexand unwieldy.

• The Commonwealth Government willrewrite the Act to reduce compliancecosts for government and the industrywhile maintaining a high level of envi-ronmental protection.

The industry’s environmental record hasbeen exemplary in Australia.

• To help maintain this reputation, theGovernment is developing objective-based environment protection regula-tions for the industry.

• To encourage increased cooperationwith the offshore petroleum industry inthe development of joint appro a c h e sfor the protection of marine habitats ina reas under existing leases, the Gove r n-ment will re m ove the existing legisla-t i ve constraint on the establishment of


marine protected areas where there arep re-existing leases, recognising the needfor cooperative action without compro-mising pre-existing rights.

Shipping

Shipbuilding IndustryAustralia’s commercial shipbuildingindustry has emerged from a period ofextensive restructuring. It is entrepre-neurial, aggressive, innovative andextremely successful in internationalmarkets. More than 90% of theindustry’s output is exported.

• The Commonwealth Government willintroduce a new Ships Bounty Schemeand a Shipbuilding Innovation Schemeat a cost of around $68.8 million overfour years. The Schemes will lay thebasis for many new jobs in ship-building and related industries.

National management and regulatory frameworkAustralia’s economy is absolutely depen-dent on shipping. About 97 per cent ofthe volume of our trade is carried byships, with about 95 per cent of thatcarried by foreign flagged vessels.

• The Government will continue topromote shipping, waterfront andregulatory reforms to ensure thataccess to efficient and competitiveshipping services is maintained.

Our international economic competitive-ness requires that we be in step withinternational approaches to shippingregulation. At the same time our marineenvironment is relatively unpolluted incomparison with many of our tradingpartners and so it is more vulnerable topollution.

• For this reason Australia will continueto take a leadership role in the Interna-tional Maritime Organization (IMO)to develop and promote a stronginternational regulatory framework forship safety and the prevention of pollu-tion.

Ballast water Ballast water is a major source of harmfulmarine pests. As a consequence of lack ofeffective ballast water treatment andtesting techniques, and the currentvoluntary code of national and interna-tional ballast water control, Australia isexposed to a high risk of further devas-tating pest introductions.

To address ballast water effectively,Australia requires a single nationalmanagement regime that applies to bothCommonwealth and State waters

• The Government will support theAustralian Quarantine InspectionService (AQIS) in developing a singlenational management regime for

ballast water• AQIS will accelerate the development

of decision support systems for themanagement of ballast water andassociated treatment and testing tech-niques to minimise marine pest incur-sions.

Marine pests incursion managementIn recent years there has been growingconcern over the potentially devastatingimpacts of aquatic pests and the lack of anationally coordinated response capa-bility to address aquatic pest outbreaks.At least 170 species of exotic marineorganisms have been translocated intoAustralian waters.

While an interim ready response capa-bility is being developed with fundingf rom the Coasts and Clean Se a s i n i t i a t i ve ,a more durable nationally coord i n a t e dand fully functional incursion re s p o n s esystem for marine pests is re q u i re d .

• The Government will provide funding


to assist in the establishment of acomprehensive introduced marine pestincursion management system tominimise potential damage to both theenvironment and marine industries.This system will be developed in coop-eration with the States and TerritoryGovernments through the Australianand New Zealand Environment andConservation Council.

Tributyltin (TBT) Anti-FoulingPaintTBT is a highly toxic biocide used in theshipping industry to prevent marineorganisms attaching themselves to ship’shulls.

There has been increasing internationalpressure to phase out the use of toxicorganotin compounds in antifoulingpaints.

• The Government will support theInternational Maritime Organizationand will:–promote the introduction of a global

ban on TBT; and–ban the use of TBT by 2006 on

vessels being repainted in Australiandocks unless the IMO sets an earlierdate for such a ban, in which caseAustralia will ensure it complies withany such arrangement, notingDefence operational requirements.

Marine Pollution

Marine and Estuarine WaterQuality StandardsThe decline in marine and estuarinewater quality is regarded as one of themost serious threats to Australia’s marineand coastal environments. The manage-ment of marine and estuarine waterquality should be part of the integratedplanning and management of our marineresources, including the maintenance ofenvironmental and natural resourcevalues.

The joint Commonwe a l t h - St a t e - Te r r i t o ryNational En v i ronment Pro t e c t i o nCouncil (NEPC) has been consideringthe development of a National En v i ro n-ment Protection Me a s u re (NEPM) forambient marine and estuarine waterq u a l i t y. This could include mandatorys t a n d a rds, goals, guidelines and pro t o c o l s .States and Territories would implementthe NEPM within the context of theirown re g u l a t o ry and managementa p p ro a c h e s .

The Government believes that a NEPMfor marine and estuarine water qualityshould be developed as a matter ofpriority. The community has a right toexpect that nationally consistent bacterialstandards for ambient water quality willbe developed and applied for their

protection when they come into contactwith estuarine and marine waters areaswhich are used for recreation.

• The Government will support thedevelopment of national marine andestuarine water quality standardsthrough the National EnvironmentProtection Council.

Improving treatment of sewageand stormwaterWe are an urban nation with our fullshare of environmental problems. Urban-isation in Australia and populationgrowth pose challenges that need to bemanaged by governments and thecommunity if we are to maintain ourquality of life.

Sewage and stormwater pollution ofAustralia’s beaches and coastlines, partic-ularly near urban centres, is of concern toall Australians.

Effective protection of our marine waterswill involve attacking the problem ofsewage and stormwater at source as wellas taking regulatory and ameliorativemeasures.

For the first time, the Commonwealth ismaking a substantial financial contribu-tion to improve the treatment of sew a g eand stormwater through the $125 millionCoasts and Cleans Se a s i n i t i a t i ve s .


• The Government will continue toprovide support for such improve-ments through Coasts and Cleans Seas.

Acid sulfate soils rehabilitationExtensive agricultural, residential andtourism development activities along thecoastal strip have led to disturbance andincreased exposure of acid sulfate soils.This has resulting in a reduction ininshore water quality, habitat degrada-tion and loss of biodiversity.

• The Government will work with theStates to develop and finalise theaction plan for the implementation ofthe National Strategy on Acid SulfateSoils.

• The Government will provide financialsupport for demonstration projects toillustrate the options available to thecommunity and governments inhandling areas which are prone to acidsulfate soil problems that result indamage to coastal marine resources.

Marine TourismAustralia’s tourism industry relies heavilyon our extensive and diverse coastlineand marine environments for its interna-tional competitiveness. The industry alsohas an important role in the stewardshipof many unique and fragile environ-mental and tourism resources.

Over the next decade the industry islikely to continue its growth, generatingsubstantial export earnings and employ-ment opportunities.

The implementation of the RegionalMarine Planning process will assist theindustry in planning and managing itsexpansion. It will also enhance security ofaccess to high quality environmentalresources while ensuring that their envi-ronmental values are not degraded.


• continue to promote the developmentof an environmentally sustainabletourism industry;

• assist and encourage the industry withresearch directed towards maintaining

and enhancing the natural environ-ment; and

• continue to ensure that, within thecontext of precautionary managementand the priority of protecting worldheritage values, access and capacitylimitations on tourist operators inWorld Heritage Areas are in accor-dance with management plans andthat operators have the level ofcertainty and tenure required todevelop operations of high environ-mental quality.

The Government recognises the vitalimportance of the promotion of Australiato overseas markets. New areas to betargeted will include adventure travel andcruise shipping.

The Government has recognised theimportance of encouraging a widerdispersal of tourism around Australia.The economic benefits of spreadingtourism beyond the major gateways areconsiderable and there is significantpotential for growth in many regions,including those on the coast.

• The Government is consideringincreased funding for regional tourismby expanding the Regional TourismProgram. Much of the Program will bedirected towards ‘hard’ infrastructuresuch as interpretive centres and ‘soft’infrastructure such as skills develop-ment and training.



National moorings programmeDamage from boat anchors and inappro-priately designed moorings is a seriousenvironmental issue in popular marineand coastal areas. Corals and seagrasses,which are already at risk from a variety ofthreats, are particularly vulnerable.

• The Government will provide fundingto establish well-designed moorings inparticularly sensitive areas.

Community ParticipationCommunity participation is a key topromoting and instituting a duty of carefor the marine environment.

National Oceans Forum• The Government will hold a National

Oceans Forum in 1999 to promote theimplementation of Australia’s OceansPolicy. A broad national cross-sectionof those with a stake in the manage-ment of our oceans will participate.The Forum will have the opportunityto meet with members of the NationalOceans Ministerial Board.

Community NetworksCommunity invo l vement in coastal andmarine management has been enhancedt h rough Coastcare and fisheries extensionp rogrammes and the Marine and CoastalCommunity Ne t w o rk, which operate inboth urban and regional centre s .

• The Government will continue tosupport the community’s involvementin coastal and marine management bymaintaining funding for the Marineand Coastal Community Network andsupport for Coastcare and other facili-tators.

Aboriginal and Torres StraitIslander communitiesThe social, cultural and economic rela-tionships that many Aboriginal andTorres Strait Islander communities havewith the ocean environment means theyhave established interests in the use,conservation and management ofAustralia’s oceans.

The Government will ensure that wherethere are specific Aboriginal and TorresStrait issues under discussion, theMinister responsible is able to carry thoseto the National Oceans MinisterialBoard. The Government will also :

• provide for Aboriginal and TorresStrait Islander representation on theNational Oceans Advisory Group andon Regional Marine Plan SteeringCommittees;

• provide for Aboriginal and TorresStrait Islander participation at theNational Oceans Forum; and

• consult with peak indigenous groupson the requirements for establishing a

national consultative mechanism, suchas an annual forum.

In the context of developing integratedocean planning and managementprocesses, the Government will seek toensure that:

• traditional conservation and use prac-tices are valued;

• that the reliance by many coastalindigenous communities on marineresources is treated as an importantocean use; and

• that indigenous communities are givenevery opportunity to take up commer-cial activities related to the oceans.

The Government will continue to workwith indigenous communities to estab-lish indigenous protected areas and tosupport Aboriginal and Torres StraitIslander training and employment injointly managed parks.

UNDERSTANDING THEOCEANSAustralia’s Oceans Policy, the MarineScience and Technology Plan and theMarine Industry Development Strategyhighlight the need for greater knowledgeand scientific understanding of marineecosystems and resources to underpintheir conservation and sustainable use.

• The Government will assist in theestablishment of a new marine scienceresearch and teaching centre at CoffsHarbour.

Marine research needs to be well coordi-nated to make the most effective use ofthe available resources. Stronger linkagesbetween scientists, industry and environ-mental managers in setting priorities andgoals for marine science is critical to inte-grated ocean planning and management.

• The National Oceans MinisterialBoard will consider Government prior-ities for publicly funded marineresearch related to the implementationof the Oceans Policy. A major driver ofthese priorities will be the develop-ment and implementation of RegionalMarine Plans.

• The National Oceans Office willprovide advice to the Ministerial Boardon marine research priorities relevantto the Oceans Policy and ensure thatthe marine research agencies are keptinformed of the Government’semerging priorities.

K n owledge of the natural variability ofthe oceans is essential for many marineactivities, from ship routing to re c re a t i o n .The most well known of these is theEl Ni ñ o - Southern Oscillation effect. Su c hk n owledge is also essential to our under-standing of the major global changes

which influence our enviro n m e n t ,e c o n o m y, cultural and social fabric. T h ed e velopment, implementation and re v i ewof Regional Marine Plans will also re q u i rea sound understanding of ocean systems.

• The Government will promote andsupport the Australian, Pacific andGlobal Oceans Observing Systems asmechanisms to develop the oceans-related data capture and exchangenecessary for improving prediction andmanagement.

• The Government will support theestablishment and operation of aRegional Office of the InternationalOceanographic Commission in Perth,Western Australia.

PROTECTING THENATIONAL INTERESTs

Regional development ofOceans PolicyGiven the dynamic nature of the marineenvironment, effective implementationof the Oceans Policy requires cooperationwith our immediate neighbours andother countries in our region.

• The Government will cooperate withour maritime neighbours to addresstransboundary impacts and improveregional cooperation on ocean issues

such as pollution prevention, fisheriesmanagement and marine protectedareas.

• Recognising the direct interactionsthat will be required with NewZealand on a range of oceans manage-ment issues in the Tasman Sea andSouthern Ocean, the Governmentproposes to work with New Zealandto:

- develop, through ANZECC, a trans-Tasman understanding on oceansplannning and management; and

- examine with the New ZealandGovernment a possible role in thedevelopment of the Regional MarinePlan for the southeastern region ofAustralia’s EEZ in relation to issues ofjoint interest.

Surveillance and enforcementEffective surveillance and enforcementwithin Australia’s marine jurisdiction isfundamental to protecting our nationalinterests and the Government willcontinue its assertion of our sovereigninterests in this area.

• The Government will prov i d ei n c reased support for the establishedcivil patrols in our sub-Antarctic watersto deter illegal fishing.

• The Government will employ morefisheries officers to make sure theincreased emphasis on the sub-

Antarctic does not affect our ability topolice illegal fishing off northernAustralia.

• The Government will amend the fish-eries laws to make surveillance andenforcement of foreign fishing moreeffective.

• The Government will continue itsmultilateral and bilateral activities toreduce incursions into Australianwaters.

• The Government will also examinecomplementary actions and possiblealternatives to traditional surveillanceand enforcement such as trade certifi-cation and restriction for fisheriesresources.

ASSESSING EFFECTIVENESSPerformance assessment is an integralpart of the Policy to ensure that the iden-tified strategic directions and specificactions contribute effectively towards theachievement of the Policy’s goals.

• An initial review of progress in implementation of the Policy will beundertaken within two years.

• Comprehensive reviews of the effec-tiveness of the Policy will be undertaken at least every five years.



Ocean processes occur across national and international boundaries and jurisdictions and many marine species are highly mobile or migratory. We needto improve our understanding of the effects of ocean processes on our weather, climate, marine biological diversity and primary production.

The Marine Industry DevelopmentStrategy and the Marine Science and Tech-nology Plan are key elements of theconservation and resource developmentfocus of Australia’s Oceans Policy. Theyidentify priorities for scientific, techno-logical and industrial development toincrease the national capacity to care for,understand and use our marine resourceswisely.

The Strategy and the Plan are also char-acterised by a long-term perspective, withflexibility to respond to changes in prior-ities for marine industry development

and marine science and technology. Thiswill help maintain a consistent connec-tion between the Strategy, the Plan andAustralia’s Oceans Policy.

The Marine Scienceand TechnologyPlanThe Marine Science and Technology Planis designed to improve knowledge ofAustralia’s marine jurisdictions. Underthe broad umbrella of the Oceans Policy,the Plan will address existing andemerging priorities for marine science,technology and engineering at a nationalscale.

The Plan will encompass all the marinescience, technology and engineeringprogrammes currently in operation inCommonwealth Government depart-ments and agencies, and other relevantbodies. It will provide a framework forthe development of our capabilities inthese fields during the next ten to fifteenyears.

Three priority areas have been identifiedfor the Plan. These are to:

• characterise and improve our under-standing of the coastal zone, Australia’smarine jurisdictions and the adjacentoceans, the oceans’ interaction with theatmosphere, their biological resourcesand ecological systems, and theirunderlying geological features;

• provide the scientific, technologicaland engineering basis for the ecologi-cally sustainable use and managementof Australia’s marine jurisdictions andtheir resources; and

• provide the physical infrastructure,appropriate skills base and informationsupport for Australian marine science,technology and engineering; and coor-dinate the management of nationalprogrammes in marine science, tech-nology and engineering.

6

33

MARINE SCIENCE AND TECHNOLOGY AND MARINEINDUSTRIES

Marine IndustryDevelopmentStrategyThe Commonwealth Government hasendorsed the Marine Industry Develop-ment Strategy. It reinforces the OceansPolicy’s approach of a comprehensive andlong-term framework for growth in ourmarine industries. To achieve this growththe industries must be internationallycompetitive and ecologically sustainable.

In keeping with Australia’s Oceans Policy,the Strategy emphasises cross-sectoralfeatures that are often not adequatelyconsidered by the existing sector-basedmanagement approaches. The Strategyalso endorses a coordinated approach tomarine development that fully accom-modates the multiple use of oceanresources.

The Strategy’s recommendations arealigned closely with the CommonwealthGovernment’s business improvementagenda, which includes improved regula-tory arrangements. Recommendations tofoster marine industry developmentinclude:

• a review of government marine policyand related decision-making processes;

• development of consistent legislationto define and apply the principles ofecologically sustainable development;

• collection of basic data for marineindustry development and environ-mental management; and

• implementation of objective-basedregulations.

Initiatives will be undertaken by theCommonwealth Government in consul-tation with State and Territory Govern-ments. These include:

• facilitating the development of marineindustry associations and networks tostrengthen the representative capacityof marine industries;

• w o rking with industry to raise thec o m m u n i t y’s awareness of marineindustries, their economic contribution,and issues affecting their ecologicallysustainable development; and top rovide channels for community view sand aspirations on maintenance ofnatural re s o u rces; and

• pursuing the Strategy for the Devel-opment of a National Marine DataProgramme based on the work of theMarine Data Group and its networksand developed in the context of theMarine Science and Technology Plan.

For references and further details seeMarine Industry Development Strategy1997 and Marine Science and TechnologyPlan (to be released in 1999).


Following release of the Policy, theGovernment will establish the institu-tional structures outlined in Section 3.The National Oceans Office will finalisea detailed and auditable implementationschedule addressing jurisdictional andsectoral responsibilities and a timetablefor implementation.

The Government will continue itsconsultations with the State and TerritoryGovernments with a view to the earlyand full endorsement of Australia’sOceans Policy.

A regional marine planning frameworkwill be established with the first RegionalMarine Plan to address the south-easternregion of Australia’s EEZ.

The following illustration indicates keymilestones for the effective implementa-tion of Australia’s Oceans Policy.

7

35

AUSTRALIA’S OCEANS POLICY - next steps

Appendices Appendix 1 Policy Guidance for OceanS planning and

management

Appendix 2 The legal and constitutional framework ofaustralia’s marine areas

Appendix 3 What is ecosystem integrity?

Multiple ocean uses

Appendix 4 National representative system of marineprotected areas

What is a marine protected area?

National Representative System of Marine Protected Areas

IMCRA - an ecosystem-based regionalisation of Australia’s oceans

Abbreviations

Glossary

Bibliography

The following policy statements areintended to help apply the principles forecologically sustainable ocean use whendeveloping and implementing planningand management arrangements forAustralia’s oceans. They are alsointended, in association with morespecific national and regional objectives,to provide the basis for reporting andperformance assessment in the imple-mentation of Australia’s Oceans Policy.

Maintenance of ecosystem integrity• The ecological links between the land

and oceans, as well as within andbetween ocean ecosystems, must betaken into account in ocean planningand management.

• Maintenance of natural ecosystemstructure and function should be usedto develop agreed objectives and indi-cators for ecosystems and resourceuses, on the basis of the best availableinformation available on assessment of:– natural levels of temporal and spatial

variability and the sensitivity or

resilience of the ecosystems likely tobe affected by proposed uses;

– the extent and levels of change inecosystem components or impactson ecosystem integrity likely to arisefrom proposed uses and otherimpacts, singly and in unison;

– levels of induced change consideredacceptable;

– levels of change in ecosystem charac-teristics considered incompatiblewith maintenance of ecosystemhealth or recovery within a reason-able period; and

– gaps or uncertainty in informationon resources, uses or ecosystemprocesses and the capacity tomonitor, detect and assess change inindicators of ecosystem health.

Integrated oceans planning andmanagement for multiple ocean use• The economic, environmental, social

and cultural values of ocean resourcesshould be assessed, as should theimpacts of proposed uses on thosevalues, before resource allocation deci-sions are made.

• Ocean resources should be allocated tothe mix of uses within a planning areathat offers the greatest long-termcommunity benefits (taking economic,environmental, social and culturalvalues into account) compatible withmaintaining ecosystem health.

• Direct, indirect and cumulativeadverse impacts of resource use shouldbe minimised:– uses that may diminish the value of

an area or resource for subsequentuses require careful assessment oflong-term costs and benefits and ofalternative uses.

• Multiple uses of the same oceanresource should be considered jointlyso that their overall impacts on theoceans, and the impacts they have oneach other, can be understood.

• Re s o u rce use activities should beassessed within a planning framew o rkwhich considers impacts on ecosys-tems, against management goals, andt h rough an objective, transparent andopen analysis of risk, costs and benefits.

• W h e re good management suggests thatuses of particular areas should berestricted, primarily for a single purposeor for a specific set of purposes, accessfor re s o u rce users with different inter-ests may be managed through zo n i n gon the basis of area and/or time.

• Multiple use planning and managementof the oceans should incorporate, as acentral component, a compre h e n s i ve ,adequate and re p re s e n t a t i ve nationalsystem of marine protected are a s .

Promotion of ecologically sustainable marine-based industries• Healthy marine ecosystems are essen-

tial for the long term productivity ofmarine industries.

• Planning and management for oceanuse should explicitly include the devel-opment of sustainable, internationallycompetitive marine industries thatcontribute to national economicgrowth, employment and regionaldevelopment.

• Allocation of ocean resources underexisting sectoral management regimesshould provide for integrated oceanuse and should:– support industry efforts to generate

wealth through growth, innovationand value enhancement;

– encourage industry in promoting itsinternational competitiveness andinternational trade and investmentopportunities; and

– encourage continuous improve m e n t sin environmental management andcleaner production strategies.

37

Appendix 1POLICY GUIDANCE FOR OCEANS PLANNING AND MANAGEMENT

• Governments and industry shouldcooperate to ensure cost-effectiveaccess to high-quality informationabout resources, environmental base-line and monitoring informationrequired for managing existing indus-tries, and for identification of newopportunities.

• Unnecessary regulatory impedimentsto the development of ecologicallysustainable marine industries shouldbe removed. This can be achieved by:– simplifying and streamlining re g u l a-

t o ry framew o rk s , including removingunnecessary regulations;

– improving valuation and pricing ofresource access and governmentservices; and

– managing uncertainties in resourceaccess, use and allocation processes,for example, by creating tradeablerights, where compatible with main-taining the productivity and healthof marine ecosystems and othercommunity equity considerations.

Governance• The distribution of roles and responsi-

bilities between the Commonwealth,States, Territories and local govern-ment should be consistent with theIntergovernmental Agreement on theEnvironment and the outcome of theCouncil of Australian Governments’

review of roles and responsibilities forthe environment.

• Partnerships between governments,industry and the community should bea major component of institutionalarrangements for assessing, planningand managing ocean resources:– recognising coastal and marine poli-

cies and strategies in place or beingdeveloped by Commonwealth, Stateand Territory Governments; and

– recognising the responsibilities carriedby governments to develop andimplement policies for communitybenefit and in the national intere s t

• Planning and management arrange-ments should incorporate a duty ofcare towards the health of our oceanson the part of individuals and corpo-rate and government bodies.

• To the extent possible, the regulatoryframework for ocean use should:– be outcome or objective based, and

provide incentives for improvedperformance;

– not impose unnecessary costs or re g u-l a t o ry burdens on users and managers;

– be consistent across jurisdictionalboundaries where they impact onthe same oceans resource;

– be developed cooperatively withcommunity and industry;

– use market based approaches wherethey are able to address adequatelythe full range of economic, environ-mental and community values; and

– be consistent with internationallyagreed measures.

• Institutional arrangements and decisionmaking processes for the oceans shouldenable conciliation and dispute re s o l u-tion. Howe ve r, such arrangements willnot fetter governments from carry i n gout their responsibilities to theAustralian people.

• The Commonwealth Government willcontinue to involve State and TerritoryGovernments in considering existingand new international treaties relatingto the marine environment, particu-larly where they may affect State orTerritory interests.

Managing for uncertainty• Planning and management for use of

ocean resources, particularly the livingmarine resources, must be able toaccommodate considerable uncer-tainty. Regimes should be adaptiveand:– be able to accommodate uncertainty

in the accuracy of assessments ofresources and of risks and the vari-ability and unpredicability of themarine environment;

– allow for changes in resource valuesand improvements in technologyand information that may alter riskassessments and provide new oppor-tunities for resource use; and

– be capable of rapid responses to assess-ment of adverse impacts; this includesreducing or ceasing re s o u rce use toa s s u re an acceptable rate of re c ove ryor remediation of ecosystem health.

Application of the precautionaryprinciple• If the potential impact of an action is

uncertain, priority should be given tomaintaining ecosystem health andproductivity.

• Incomplete information on possibleimpacts should not be used as a reasonfor postponing precautionary measuresintended to reduce or avoid unaccept-able levels of change or to preventserious or irreversible environmentaldegradation of the oceans.

• In the application of the precautionaryapproach, public and private decisionsshould be guided by:– careful evaluation to ensure that

changes arising from a use or usesremain within limits consideredacceptable, to avoid, wherever prac-ticable, serious or irreversibledamage to the environment; and


– assessment of the risk-weightedconsequences of various options.

• If there is a risk of serious and irre-versible environmental damageresulting from an ocean use, that useshould be permitted only if the damagecan be mitigated, or it is limited in itsextent, and there is an overriding netcommunity benefit from the use:– the higher the risk of unacceptable

levels of change or of serious or irreversible environmental damage,the more conservative should be themeasures required to reduce thatrisk.

• Ocean users carry a responsibility toa s s u re the ecological sustainability oftheir operations and an obligation toidentify and implement pre c a u t i o n a rym e a s u re s .

User-pays and other economicinstruments• Charges for access to ocean resources

should reflect the community interestand short- and long-term economic,environmental, social, and culturalcosts and benefits.

• Where it is not possible to quantifythese costs and benefits, their existenceand relative importance should betaken into account in setting charges.

• Risk of losing ecosystem health andproductivity should be presumed tohave a high cost to the community.

• Access to common ocean resources forprivate profit should be priced to give areasonable rate of return to thecommunity, where consistent withgovernment resources policies.

• Public-funding principles should applyfor services provided for the publicgood.

• Unless there is an overriding publicinterest, the costs of commercial devel-opment potentially impacting on theoceans — including infrastructure,environmental management, moni-toring and remediation, and the costsof managing natural hazards — shouldbe borne by development proponents.

• Those who generate and release wastesinto the ocean should bear the costs ofcontainment, avoidance, abatement, orremediation to the level of best practice.

• Approvals for resource use proposalsshould be contingent on the propo-nents having in place credible arrange-ments for bearing these costs.

• Pollution which results in loss ofamenity or diminished value of theoceans resource to other users is a formof resource use and, while it continues,should be costed accordingly.

Reporting, monitoring and assessment• Ocean planning and management

should include the development ofoutcome-based performance indicatorsand performance assessment pro c e d u re s .

• Use of ocean resources should bemonitored to ensure that estimates ofimpacts are accurate. If assessments ofimpacts differ significantly from fore-casts, management procedures shouldallow for the initiation of remedialaction, including reviews of resourceallocation.

• Monitoring and assessment pro g r a m m e sshould be structured so that theyprovide sufficient statistical power fordetection of potential impacts,including design for replication andappropriate control or reference areas.Such programmes should be subject topublic and independent peer review.

• Ocean conditions should be monitore dto underpin improved understandingand decision making and to detect va r i-ability and long-term change. Ef f e c t i velinkages with national and interna-tional ocean monitoring pro g r a m m e sshould be maintained.

• Ocean managers should have access todata which are essential for good oceansm a n a g e m e n t .

• Access to and use of ocean resourcescarry with them a responsibility forusers to provide information in theform and at the level of detail requiredfor good management.

• Ocean managers have complementaryresponsibilities:– to communicate clearly what infor-

mation is required and the form inwhich it is to be provided;

– to recognise and minimise the trans-action costs of requiring informationfrom resource users; and

– to provide feedback on the use madeof the information and its manage-ment value.

• Monitoring of the performance ofmanagement agencies should be openand transparent, with the results madepublicly available.

Appendix 1 39

Duty of care and stewardship• Australian governments, marine indus-

tries, communities and individualsshould acknowledge and apply a dutyof care in use of Australia’s oceanresources. A collective sense of stew-ardship is a critical element in sharingthe responsibility for these assets acrossall sectors.

Interests and responsibilities ofindigenous peoples• The cultural interests and traditional

k n owledge and management practicesof Aboriginal and To r res Strait Is l a n d e rpeoples should be recognised and incor-porated in ocean planning and manage-ment and related policy deve l o p m e n t .

• Local communities should be encour-aged to participate in local industriesand in management strategies and tocontinue to share responsibility for themanagement of ocean resources.

Broader community participation• Effective public participation in ocean

planning and management requiresthat:– the public should have access to

sufficient information about currentocean resource uses, proposals andalternative uses and their impacts;

– the public should have sufficientopportunities for informed commu-nity contributions to decisions andmanagement; and

– t h e re is a clear understanding of theresponsibilities of governments forplanning and management inmeeting community and nationali n t e re s t s .

• Ocean management decisions and howthey are made should be open forpublic scrutiny.

• Local communities and local industriesshould be encouraged to participate inplanning and management strategiesand share responsibility for themanagement of ocean resources.

Regional and global responsibilities• Australia’s obligations in relation to the

oceans under conventions, agreementsand arrangements to which it is partymust be acquitted in the assessment,allocation and management of oceanresources:– including commitments relating to

peaceful use of the oceans and coop-eration in access for national andinternational scientific research andmonitoring programmes.

• Government and industry shouldcooperate internationally to incorpo-

rate the full environmental costs asso-ciated with ocean related production.– multilateral development and imple-

mentation of market-based measure sto protect the health of our oceans isan important strategy for maintainingthe international competitiveness ofour marine industries whilep romoting global enviro n m e n t a lp ro t e c t i o n .

• International trans-boundary resourcesshould be allocated and conserved in a

fair and equitable way, placing apremium on the peaceful settlement ofany differences regarding their use.

• Australia should provide leadershipregionally and internationally in themanagement of our oceans, re c o g n i s i n gthe possibility that national activitiesmay have effects on the marine juris-dictions of neighbouring countries.


Maritime zonesConsistent with the provisions of interna-tional law, Australia has declared a rangeof maritime zones under the Seas andSubmerged Lands Act 1973. The outerlimits of all of these zones are measure df rom the territorial sea baseline, locatedfor the most part at the low-water linealong the coast. Howe ve r, it also consistsof bay and river closing lines and somestraight baselines between the mainlandand adjacent islands and across parts ofthe coast that are deeply indented.

The zones, which are measured bothfrom mainland Australia and fromislands forming part of Australia,including the external Territories, are asfollows:

The territorial sea - The outer limit ofthe territorial sea is 12 nautical miles(nm) seaward of the baseline. Australiahas sovereignty over the territorialwaters. It may therefore imposecomprehensive controls in this area,with the one major exception that itmust respect the right of innocentpassage of foreign vessels.

The contiguous zone - This is the areabetween 12 nautical miles and 24nautical miles seaward of the baseline.In the contiguous zone, Australia cantake limited enforcement measures inrelation to customs, fiscal, sanitary andimmigration matters.

The Exclusive Economic Zone (EEZ)- This is the area between the lines 12nautical miles and 200 nautical milesseaward of the territorial sea baselines.In this area Australia has the right toexplore and exploit living and non-living resources, and the concomitantobligation to protect and conserve themarine environment.

The continental shelf - The areabetween 12 nautical miles and 200nautical miles seaward of the territorialsea baseline (that is, it covers much ofthe same area as the EEZ) and anyareas of physical continental shelfbeyond 200 nautical miles. Australiahas the right to explore and exploit theliving and non-living resources of theshelf. A diagram of our maritime zonesis adjacent.

An Australian Fishing Zone (AFZ) wasd e c l a red in 1979 and is now under theFisheries Ma n a g e m e n t Act 1991. The zoneis the area of waters between 3 nauticalmiles and 200 nautical miles seaward ofthe baselines. Waters off the AustralianAntarctic Territory were excepted fromthe AFZ in 1979 for foreign national andvessels. These waters are regulated inaccordance with the Convention on theConservation of Antarctic MarineLiving Resources (CCAMLR).

The Offshore Constitutional SettlementIn the early 1970s the States challenged theC o m m o n we a l t h’s assertion of sove re i g n t yunder the Seas and Submerged Lands Ac t1 9 7 3 over the then three nautical mileterritorial sea. The High Court upheld the Commonwe a l t h’s assertion of sove r-eignty in the Seas and Submerged LandsCase. The Commonwealth and the States subsequently came to a series of arrange-

Appendix 2 41

APPENDIx 2The Legal and Constitutional Framework ofAustralia’s Marine Areas

Australia’s Maritime Zones

“ ”

ments collectively known as the Of f s h o reConstitutional Settlement (the OCS). T h epurpose of the OCS was to give the States ag reater legal and administrative role ino f f s h o re areas. The principle legislationimplementing the OCS (Coastal Wa t e rStates, Power and Title Act 1982) entere dinto force in Fe b ru a ry 1983.

There are two fundamental elementsunderpinning the OCS arrangements.First, the States and the Northern Terri-tory were given title to an area called‘coastal waters’ consisting of all waterslandward of the three nautical mile limitbut not including internal waters that arewithin the constitutional limits of aState; for example, Sydney Harbour.Second, the States and the NorthernTerritory were given concurrent l e g i s l a-t i ve power over coastal waters; that is,they were given the same power to legis-late over coastal waters as they wouldhave over their land territory. The legisla-tion implementing the OCS made itclear that should the territorial sea subse-quently be extended from three nauticalmiles to 12 nautical miles the OCSarrangements would continue to applyonly to the three nautical miles limit. In1990 the territorial sea was extended tothe 12 nautical miles limit, but the rele-vant limit for the purposes of the OCSremains at the three nautical miles.

In effect, through the OCS, theCommonwealth agreed to give the Statesprimary responsibility over coastal waters(out to 3 nautical miles). Beyond that theCommonwealth retains primary respon-sibility. The OCS also included a numberof cooperative arrangements for themanagement of resources offshore, suchas fisheries and petroleum. These cooper-ative arrangements are reflected in therelevant Commonwealth, State andNorthern Territory legislation.

Examples of such arrangements are thoseentered into under the Fisheries Manage-ment Act 1991 to enable a fishery bothwithin and outside State coastal waters tobe managed by one authority (State orCommonwealth) under one law (State orCommonwealth).

Constitutional powerA range of constitutional powers enablethe Commonwealth Parliament to passlaws relating to the oceans and theirmanagement. These include: Common-wealth powers over trade and commerce,external affairs, corporations, defence,fisheries, territories and quarantine. Anumber of aspects of the external affairspower are relevant, but principally thataspect that allows the Commonwealth tolegislate with respect to matters physi-cally external to Australia—that is,beyond low water mark. The Common-

wealth can also legislate under theexternal affairs power to give effect totreaties, matters of international concernand matters affecting Australia’s relationswith other countries.

As noted, the States and the No rt h e r nTe r r i t o ry we re given power to legislateover coastal waters as part of the OCS.After implementation of the OCS in1983, howe ve r, the High Court held thatthe general power of each State to makelaws for the ‘peace, order and goodg ove r n m e n t’ of the State enables eachState to legislate in relation to its adjacentmaritime area, provided there exists areasonable connection between the St a t eand the activity cove red by the legislation.

This means that the extension of St a t el e g i s l a t i ve powers to coastal waters as partof the OCS is now largely re d u n d a n t .

The OCS does not pre vent either theC o m m o n wealth or the States from exe r-cising their full legislative powers in theo f f s h o re area. Howe ve r, the practice largelyhas been to exe rcise those powers in amanner consistent with the OCS. Ne ve r-theless, if there is a conflict between St a t eand Commonwealth laws applying to themaritime area then, in accordance withsection 109 of the Constitution, theC o m m o n we a l t h law would prevail. TheState law would be invalid to the extentof the inconsistency.


Fully-functioning natural ecosystems aresignificant community assets, providing arange of essential environmental servicesand other direct benefits that can besustainable in the long-term.

• All ecosystems, including oceanecosystems, vary in space and time.They are naturally in a state ofconstant flux within limits or trendsthat under natural conditions are char-acteristic of each system.

• Information on ocean ecosystem struc-ture and function is, and will continueto be, incomplete. There is uncertaintyand unpredictability about the pro c e s s e s ,the limits to natural variability, and theeffects of induced changes that requirea conservative and precautionaryapproach to resource development.

• All human uses of the oceans result inchange in ocean ecosystems and thereare direct and indirect impacts from arange of land-based activities. Suchchanges may be relatively small ortransient when compared with naturallevels of variability, or they may bemarked, persistent or irreversible.

Deciding on acceptable levels of changerequires an open, objective and scientifi-cally credible process for determiningecosystem characteristics, indicators ofchange and assessment of the associatedrisks to continued ecosystem structure,functioning and evolutionary potential.The same considerations apply to assess-ments of other direct and indirectimpacts, costs and benefits.

A range of indicators of ecological stru c-t u re (such as species richness, compositionand trophic organisation, and habitatstatus), function (such as primary pro d u c-tion, energy and material flows) and infor-mation on natural and induced levels ofva r i a b i l i t y, can be used as re f e rence pointsin assessing the state of an oceanecosystem. Ecosystem integrity is re g a rd e das being maintained when the selectedindicators remain within limits that area g reed as likely to avoid a significant riskof pro g re s s i ve or irre versible change ordecline. T h e re are thus several mainelements in decisions about the mainte-nance of ecosystem integrity:

• establishing what the ecosystem char-acteristics are, and broadly what ourobjectives are for those ecosystems;

• understanding the scale and levels ofnatural variability and cyclic and long-term trends in ecosystem characteris-tics or components;

• selection and testing of a robust set ofindicators of those characteristics;

• assessing the levels of change attributableto direct and indirect effects of re s o u rc euse, singly or in combination; and

• deciding on the level of change consid-e red acceptable, the criteria for deter-mining the level of change, and agre e-ment on implemention of appro p r i a t ec o r re c t i ve measures if those limits aree xc e e d e d .

Some ocean resource uses result in signif-icant changes in ecosystem components.They can result in the establishment ofextensively modified habitats, in whichnew cycles and levels of ecosystem func-tions become established. While suchchanges may sometimes be reversed rela-tively quickly, in other cases recoverymay take a long time, and require the re-establishment of slow-growing ecosystemcomponents or of key system processes.

As an example, achieving the maximumecologically sustainable harvests in afishery necessarily results in significantchanges in abundance, age structure and

other characteristics of target stocks andsome associated species. Achievingacceptable levels of harvest requires aninformed and open basis for assessingenvironmental, economic, social andcultural costs and benefits. It alsorequires making decisions on the balancepoints for industry and fisheries manage-ment objectives, ecosystem structure andfunctioning and other community aspi-rations for fisheries and other resourceuses in the area.

Multiple ocean usesPlanning and management for multipleocean uses invo l ves the integrated alloca-tion of re s o u rce access and use to reach anacceptable balance of outcomes. It musttake into account the full range of uses,users and values, while ensuring that theintegrity of ecosystems is maintained. Itincludes consideration, before re s o u rc eallocation decisions are made, of useswhich can occur in much the same area atthe same time, and those which re q u i reseparation in space or in time, with theo b j e c t i ve of retaining the greatest numberof possible options for the future .

Management must also be adaptive, ableto respond to indications of adve r s echange in the environment, changes insocial, cultural and economic values, andchanges in understanding and technology.

Appendix 3 43

Appendix 3What is Ecosystem integrity?

Before decisions are made about alloca-tion of ocean resources, a number offactors need to be taken into account:• objective assessments of the resources

and values of an area and potentialimpacts from proposed uses;

• the value and impacts of alternativeuses;

• the levels of compatibility amongstpotential uses of the resources of anarea and the potential for maximisingthe benefits or value to the communityby encouraging multiple uses of theresources, either at the same time orsequentially; and

• identification of means of detectingundesirable environmental outcomesand actions to be taken to avoid ormitigate adverse impacts.

Planning and management for multipleuses should ensure that decisions aboutresource access or use and the allocationof benefits are equitable, objective andtransparent. They should include explicitassessments of impacts, in particular onother recognised uses and on ecosystemintegrity. Integrated management ofmultiple uses should provide a capacityto manage conflicts between uses and

sensitive environmental concerns adap-tively. It should ensure that the mix ofuses optimises the flow of benefits to thecommunity in terms of environmental,social, cultural and economic outcomesin the longer term.

It is inevitable that some potential userswill not be able to use the same area at thesame time, or may only co-occur withconstraints on particular activities. In somecases, assessments may result in allocationsfor exc l u s i ve uses. For example someoceans areas will need to be set aside asscientific re f e rence areas for monitoringundisturbed ocean ecosystem stru c t u reand functions and ocean health. So m elocalities within petroleum explorationtenements will need to be managed exc l u-s i vely for that use during testing andp ro d u c t i o n .

In all cases of re s o u rce allocation thate xclude or constrain some uses, arrange-ments for multiple use managementshould include processes for re v i ew ofallocations that take into account changesin environmental, social, cultural andeconomic information, understandingand values, and changes in technology.


What is a marine protected are a ?The generalised definition of pro t e c t e da rea is intended to apply equally to marineand terrestrial areas. As adopted in thecontext of the Australian National Re s e rve sSystem it is:

An area of land and/or sea especially dedi-cated to the protection and maintenanceof biological dive r s i t y, and of natural andassociated cultural re s o u rces, and managedt h rough legal or other effective means.

(IUCN 1994, Commonwealth 1997)

Australian Conservation Agencies haveadopted the World Conservation Union(IUCN) classification for protected areasfor the purposes of national reporting.IUCN has identified six categories ofprotected area in its classification. Theserange from Category I, strict naturereserves or wilderness areas managed forscience or wilderness protection, throughnational parks, habitat or speciesmanagement areas, to Category VI,managed mainly to ensure protectionand maintenance of biological diversitywhile providing a sustainable flow ofnatural products and services to meetcommunity needs.

National Representative Systemof Marine Protected AreasThe development of the National Re p re-s e n t a t i ve System of Marine Protected Are a s( N R S M PA) was endorsed by AustralianGovernments under the Intergovern-mental Agreement on the Environment.There are commitments by all AustralianGovernments to its establishment in keystrategies such as the National Strategyfor Ecologically Sustainable Develop-ment (1992) and the National Strategyfor the Conservation of Australia’sBiological Diversity (1996).

The NRSMPA brings together biodive r-sity conservation and human activites,incorporating multiple-use and ecologi-cally sustainable development principles,into an established and deliverable mecha-nism supported by all Gove r n m e n t s .

The primary goal of the NRSMPA is:

To establish and manage a comprehen-sive, adequate and representative systemof marine protected areas to contributeto the long-term ecological viability ofmarine and estuarine ecosystems, to

maintain ecological processes andsystems, and to protect biological diver-sity at all levels.

The NRSMPA has secondary goals toincorporate integrated ecosystem manage-ment; manage human activities and top rovide, among other things; for the needsof species and ecological communities; andfor the re c reational, aesthetic, cultural andeconomic needs of indigenous and non-indigenous people where these arecompatible with the primary goal.

The Australian and New Zealand Envi-ronment and Conservation Councilestablished the Task Force on MarineProtected Areas to advance the establish-ment of the NRSMPA. De velopment ofp a rtnerships with industry and indigenousg roups is important in this process. T h eC o m m o n wealth Gove r n m e n t is identi-fying priority areas within the ExclusiveEconomic Zone for the establishment ofmarine protected areas. It is committedto substantial progress by 2001 in estab-lishment of the NRSMPA in cooperationwith State and Territory Governments.

Key tasks in the development of theNRSMPA are:

• refinement and application of a nationalbioregionalisation for inshore ando f f s h o re waters (IMCRA - see ove r l e a f) ;

Appendix 4 45

Appendix 4National Representative System of MarineProtected Areas

• development of guidelines, criteria andprocesses for selection of candidateareas;

• identification of potential areas inCommonwealth, State and NorthernTerritory waters for inclusion in theNRSMPA;

• compilation and maintenance of acces-sible information on the characteristicsof existing marine protected areas;

• development and implementation ofeffective management for marineprotected areas; and

• development of performance measuresfor the NRSMPA, including assess-ment of the contribution of marineprotected areas to the conservation ofbiological diversity in the context ofintegrated ocean management.

IMCRA—an ecosystem-basedregionalisation of Australia’soceansThe Interim Marine and Coastal Re g i o n-alisation for Australia (IMCRA) is anecosystem-based classification ofAu s t r a l i a’s marine waters. It describesregions at the 100s to 1000s of kilometrescale (meso-scale) and the >1000s of kilo-m e t re scale (macro-scale), drawing oninformation about the biological, physicaland chemical variability of the sea floorand overlying waters.


A meso-scale regionalisation out to the200 metre isobath around the Australianmainland and Tasmania recognises 60regions. These regions range in size fromthe largest at 240 000 square kilometresto the smallest at 3000-5000 square kilo-metres in embayments and major gulfs.Preliminary work on a macro-scale regio-nalisation of the exclusive economic zoneand the continental shelf has also beencompleted.

Regionalisations such as those used inIMCRA are conceived and developed forspecific purposes. Ecologically basedregionalisations provide the first layer in ab road ecological planning framew o rkwithin which more detailed informationon ecosystems, communities and/orspecies distributions can be used to assistdecision-making across or within a re g i o n .

The regionalisations will continue to berefined as data becomes available. Themeso-scale and macro-scale regionalisa-tions contribute to an understanding ofthe variation of Australia’s marine envi-ronment and form an important input toplanning decisions that may be made atdifferent spatial scales. For some deci-sions more detailed mapping and classifi-cation of the marine environment will berequired.

47

Australian and New Zealand Environmentand Conservation Council (1998)Communique of the 15th meeting:ANZECC Statement on Oceans Policy,June 1998.

Australian and New Zealand Environmentand Conservation Council 1996,Working Together to Reduce Impacts fromShipping Operations: ANZECC Strategyto Protect the Marine Environment,ANZECC, Canberra.

Australian Marine Industries and SciencesCouncil 1997, Marine Industry Develop-ment Strategy, Department of Industry,Science and Tourism, Canberra.

Commonwealth of Australia 1992, Inter-governmental Agreement on the Environ-ment, AGPS, Canberra.

Commonwealth of Australia 1992,National Strategy for Ecologically Sustain-able Development, AGPS, Canberra.

Commonwealth of Australia 1995, OurSea, Our Future, State of the MarineEnvironment Report (SOMER), DEST,Canberra.

Commonwealth of Australia 1996,National Strategy for the Conservation ofAustralia’s Biological Diversity, DEST,Canberra.

Interim Marine and Coastal Re g i o n a l i s a t i o nfor Australia Technical Group 1998Interim Marine and Coastal Regionalisa-tion for Australia: an ecosystem-based clas-sification for marine and coastal environ-ments of Australia. Version 3.3 June1998. Environment Australia,

Commonwealth Department of theEnvironment and Heritage, Australia

IUCN 1994, Guidelines for Protected AreaManagement Categories, IUCN, Gland,Switzerland.

Department of the Environment 1998,Environment Protection and Biodiver-sity Conservation Bill.

Grumbine R.E. 1994 What is EcosystemManagement? Conservation Biology 8 :27-38

Lyne, V; Last, P; Scott, R; Dunn, J; PetersD, Ward, T 1998 Large Marine Domainsof Australia’s Exclusive Economic ZoneCommonwealth Scientific and IndustrialResearch Organisation Division ofMarine Research Hobart. Report toMarine Group, Environment AustraliaApril 1998.

McKinnon, K.R. et al 1989 Oceans ofWealth? A Report by the ReviewCommittee on Marine Industries,Science and Technology, AGPS,Canberra.

Marine Science and Technology PlanWorking Group (1998) Marine Scienceand Technology Plan Draft for Consulta-tion, DIST, Canberra.

Resource Assessment Commission 1993,Coastal Zone Inquiry—Final Report,AGPS, Canberra.

State of the Environment AdvisoryCouncil 1996, Australia: State of theEnvironment, DEST, Canberra.

UNEP 1992, Convention on BiologicalDiversity.

Ward, T., Bulter, E.,and Hill, B. (1998)Environmental Indicators for NationalState of the Environment Reporting Estu-aries and the Sea, DoE, Canberra.

Zann, L. P. 1997, Our Sea, Our Future.Major Findings of the State of the MarineEnvironment Report for Australia, OceanRescue 2000 Program, DEST, Canberra.

Oceans Policy Development PapersAustralia’s Oceans: New Horizons Oceans

Policy Consultation Paper, March 1997.Australia’s Oceans Policy - An Issues Paper

May 1998.

Oceans Policy Background Papers#1 Oceans Facts and Figures: A Primer on

Australia’s Oceans and ExclusiveEconomic Zone.

#2 Review of International Agreements,Conventions, Obligations and OtherInstruments Influencing Use andManagement of Australia’s MarineEnvironment.

#3 Analysis of Submissions to the OceansPolicy Consultation Paper.

#4 Analysis of Marine and Coastal Reviewsand their Recommendations in Relationto Development of an Oceans Policy forAustralia.

Oceans Policy Issues Papers#1 Multiple Use Management in the

Australian Marine Environment: Princi-ples, Definitions and Elements.

#2 Management Instruments for MarineResource Allocation and Use.

#3 Best Practice Mechanisms for MarineUse Planning.

Oceans Planning & Management:Summary of Issues Papers 1, 2 and 3.

#4 Caring for the Commons. Socio-cultural Considerations in OceansPolicy Development and Implementa-tion.

#5 Expanding the Role of CollaborativeManagement and Stewardship in theConservation Management ofAustralia’s Marine and CoastalResources.

#6 Saltwater Country: Aboriginal andTorres Strait Islander Interest in OceanPolicy Development and Implementa-tion.

#7 Conservation of Marine BiologicalDiversity.

S E L E CTED REFERENCEs

Photo credits:Cover: Background - sunset, SE coast NSW, Tony Karacsonyi

detail - Cocos Island, Indian Oceanbrittle star on kelp, Tony Karacsonyimoored boats, Tony Karacsonyi

Back: Barracouta school, Tony Karacsonyi‘Burraltja’, Djambawa Marawili, Baniyala, NT,courtesy of Buku Larrnggay Mulka, Yirrkala, NT

Inside back: breaking wave, Tony Karacsonyi2 AGSO, Law of the Sea Series4 Anemone fish and coral reef, Tony Karacsonyi

inset: amphipods on sponge, Tony Karacsonyi5 detail - red indian fish and sea tulips, SE NSW,

Tony Karacsonyi6 iceberg, D Calder, Antarctic Division7 stargazer, Tony Karacsonyi

detail- temperate brittlestar, Tony Karacsonyi8 loading ship at BHP dock, Newscastle

seal and net fragment, Andrew Green9 Torres Strait ceremony, Leon Zann

Albatross, Macquarie Island, C Baars, Antarctic Division10 coastal dunes, SE coast, Tony Karacsonyi11 Cocos Island, Indian Ocean12 Great Barrier Reef, D. McKillop (GBRMPA)13 schooling fishes, Andrew Green

Penguins, S Brown, Antarctic Division14 seal, Andrew Green15 Sydney harbour

detail - south coast intertidal, Tony Karacsonyi16 beach scene, juniors, Tony Karacsonyi

sailboarder, Andrew Green17 dolphins in surf, NSW, Tony Karacsonyi

potato cod and divers, Andrew Green19 detail - Coastal development20 shallow inshore waters, Tony Karacsonyi

inset - Australian-constructed fast ferry, Tasmaniainset - oldwives

21 detail - Penguin on ice shelf, Antarctic Division

22 tunicate - sea squirt, Tony Karacsonyiharvest cuttlefish, Tony Karacsonyi

23 fishery catch, Tony Karacsonyirock lobster pot and fisher, Tony Karacsonyi

24 detail of echinoderm, Tony Karacsonyidetail of temperate echinoderm, Tony Karacsonyiestuarine jellyfish

25 lightning at sea, Bureau of Meteorology26 surf carnival, Arthur Mostead27 surfer, Andrew Green

Sydney seascape28 weed fish, Andrew Green29 coral reef, Andrew Green30 moored boats, Tony Karacsonyi32 large-scale ocean processes, Bureau of Meteorology

ocean temperature, FNMOC OTIS 4.0 SST analysis for20 April 1998 (Fleet Numerical Meterology and Oceanography Centre, Monterey, Calfornia)ocean basin circulation, Bureau of Meteorologyhumpback whale

33 SE Australia current detail, sea surface temperature,Bureau of Meteorologyoil platform, APPEAcoral reef fishes, Andrew Green

34 rock lobster fishers, WA, WA Marine Re s e a rch Labora t o r i e sranger with little penguin, Booderee National Park, NSW diver at the Cheynnes Wreck, Patrick Baker,WA Maritime Museum

35 small temperate cephalopod, Tony Karacsonyidetail - kelp forest, SE coast, Andrew Green

36 Lizard Island, Northern Great Barrier Reef38 temperate macro algae, Andrew Green39 detail, coral reef herbivores - parrotfish and rabbitfish,

Tony Karacsonyi40 beach scene, SE coast NSW, Tony Karacsonyi

sinking of the Sanko Harvest, WA, Nigel Holmes41 Australia’s maritime zones, J. Gillies/G. Anderson,

Environment Australia

42 Fishing boats, Andrew Green43 Harbour, Andrew Green44 King Penguin Colony, Macquarie Island, P. Haddock,

Antarctic DivisionDugong mother and calf, Geoff Taylor (LochmanTransparencies)

45 sea cliffs, Booderee National Park, Tony Karacsonyi46 The Break of the Tides, Carissa Goyer, Coastcare

Photographic CompetitionFur Seals, Montague Island, Tony Karacsonyi

47 The Big Jump, Emma Child, Coastcare PhotographicCompetition


Munuk-GapuRom

Bapurru Yaku GapuYirritja Mungurru gä GaringirrDhuwa Balamumu gä Gundutja

“Bamanpuy Dhawu munuk-puy gapu-wuy gä nhä ngunalamiMadayin gapungura. Gä wanamaîa dhiyangu mandabapurru nguli barakbarak-dhun gapu-lili.

Gapu nguli wandirri binguru mayangu bala munuk-lili balamanapan-mirri nha, ngulangu gapungu nganapu ngulimanikay barakbarak-dhun ringitj-nguru gä yaku, nhirranyothu-nha yudana.

Marrama gapu mandana yaku-mirri.

Yaku Mungurru gä Gundutja, gä wanami manda nguligulyun, ngunala manda nguli gulyun - wangupini marratjidhuwathun, gä ngunalana nganyi nguli gapu-munuk rommadayin manikay nguli gulyun.

Manda gapu yirritja mungurru gä garingirr. Mari gutharragä manda Balamumu gä gundutja mari-gutharra gäwanangu Yirritja gapu Dhunarrana Binguru-Bitjunguru gäDhuwa gapu Dhunarrana binguru Milingurr-nguru.

Dhuwala manda gapu Dhawu-mirri Yolngu barpurrwuy gärom-gu gä madayin-gu gä bulu manda liyamirri marrama-wuy Yolngu bapurru.

Nganapungu rom yukurra dharra wiyingmirri bamanpuy, gäbamanpuy ngangu gapu-wuy yanabili dhiyangubalabalakurra manikay gä bungulk.”

An explanation of Yolngu Law

of the Salt Water

“Yolngu people are divided into two moieties connected by law, knownas Yirritja and Dhuwa. So are the land and water. The Yirritja ocean isknown by the names Mungurru and Garingirr. The Dhuwa ocean isknown by the names Balamumu and Gundjuta. These Yirritja andDhuwa names of the oceans were given by Barama and Djan’kawu,who were the ancestral creators of Yolngu and the oceans.

Mungurra and Garringirr are related as mari-gutharra (grandfather andgrandson). The two Dhuwa oceans are also related in the same way. T h eYirritja and Dhuwa oceans are related as yothu-yindi (mother and child).These relationships are celebrated by Yolngu in our secret and sacred songsabout the ocean, the totems and of the ancestors.

The songs tell us how the two moieties are connected to each other andto the water, and who owns the water. The songs we sing give us thenames from Barama and Djan’kawu, for our yothu (children). This isthe Yolngu law of the salt water ocean.

Fresh water flows from the rivers and joins the salt water, connectingfresh water Yolngu and salt water Yolngu. The Yirritja fresh water flowsfrom Bitjngu to Mungurru, and Dhuwa fresh water from Milingurr toBalamumu. Both waters join up and flow side by side to where thesongs stop, over the horizon where the clouds rise. That’s where our law(rom) of the ocean stops and returns to the land on the high tide.

The ocean contains very important history about the Yolngu clans,totems, law, ceremony and kinship. Our customary law of the ocean,which has been with us for thousands of years, is still with us throughsong and dance today.”

Illustration of song cycle

Painting Burraltja natural earth pigments on bark

Artist Djambawa Marawili, of the Madanapa, Bäniyala.

Image courtesy of Buka Larrnggay Mulka, Yirrkala

Permission to use this image in Australia’s Oceans Policy has been granted by the artist

and the elders of Bäniyala of eastern Arnhemland, who also provided the language account

and the translation.

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