PROCLAMATION Environment Protection and Biodiversity

PROCLAMATION
Environment Protection and Biodiversity Conservation Act 1999
I, PROFESSOR MARIE BASHIR, AC, CVO, Deputy for the Governor-General of the
Commonwealth of Australia, acting with the advice of the Federal Executive Council
and under subsection 344(1) of the Environment Protection and Biodiversity Conservation
Act 1999:
(a) declare the area specified in Part 1 of the Schedule to this Proclamation to be a
Commonwealth reserve for the purposes of protecting and maintaining biological
diversity and contributing to the National Representative System of Marine
Protected Areas; and
(b) specify that the seabed to a depth of 100 metres, is included in the reserve; and
(c) give the reserve the name “Tasman Fracture Commonwealth Marine Reserve”; and
(d) assign the reserve to the IUCN category of managed resource protected area; and
(e) divide the reserve into zones and assign an IUCN category to each zone, as follows:
(i)
Sanctuary Area Zone being the area specified in Part 2 of the Schedule and
assigned to the IUCN category Strict Nature Reserve and;
(ii)
Special Purpose Area Zone being the area specified in Part 3 of the
Schedule and assigned to the IUCN category Managed Resource Protected
Area; and
(iii)
Multiple Use Area Zone being the area specified in Part 4 of the Schedule
and assigned to the IUCN category Managed Resource Protected Area.
This Proclamation commences 60 days after the date of registration on the Federal
Register of Legislative Instruments.
Signed and sealed with the
Great Seal of Australia on
28 June 2007
MARIE BASHIR
Deputy for the Governor-General
By Her Excellency’s Command
Malcolm Turnbull
Minister for the Environment and Water Resources
Federal Register of Legislative Instruments F2007L01921
SCHEDULE
Tasman Fracture Commonwealth Marine Reserve
Part 1 – Tasman Fracture Commonwealth Marine Reserve
All of that area within the Southern Ocean, excluding any coastal waters* in relation to the State of
Tasmania, contained within and bounded as follows**:
(i)
(ii)
commencing at the point of latitude 43 degrees 24 minutes south, longitude 144 degrees east;
then east along the parallel of latitude 43 degrees 24 minutes south, to its intersection with the
meridian of longitude 145 degrees 5 minutes 5 seconds east;
(iii) then south along the meridian of longitude 145 degrees 5 minutes 5 seconds east, to its
intersection with the parallel of latitude 43 degrees 24 minutes 55 seconds south;
(iv)
then east along the parallel of latitude 43 degrees 24 minutes 55 seconds south, to its intersection
with the meridian of longitude 145 degrees 15 minutes 5 seconds east;
(v)
then south along the meridian of longitude 145 degrees 15 minutes 5 seconds east, to its
intersection with the parallel of latitude 43 degrees 34 minutes 55 seconds south;
(vi)
then east along the parallel of latitude 43 degrees 34 minutes 55 seconds south, to its intersection
with the meridian of longitude 145 degrees 20 minutes 5 seconds east;
(vii) then south along the meridian of longitude 145 degrees 20 minutes 5 seconds east, to its
intersection with the parallel of latitude 43 degrees 44 minutes 55 seconds south;
(viii) then east along the parallel of latitude 43 degrees 44 minutes 55 seconds south, to its intersection
with the meridian of longitude 146 degrees 6 minutes east;
(ix)
then easterly along the geodesic to the intersection of the meridian of longitude 146 degrees 15
minutes east, with the outer limit of the coastal waters* of Tasmania at approximate latitude 43
degrees 43 minutes south;
(x)
then generally easterly along the outer limit of the coastal waters* of Tasmania to its intersection
with the meridian of longitude 146 degrees 36 minutes east;
(xi)
then south-westerly along the geodesic to the point of latitude 43 degrees 59 minutes 32 seconds
south, longitude 146 degrees 23 minutes 27 seconds east;
(xii) then south-westerly along the geodesic to the point of latitude 44 degrees 36 minutes south,
longitude 145 degrees 57 minutes 30 seconds east;
(xiii) then west along the parallel of latitude 44 degrees 36 minutes south, to its intersection with the
meridian of longitude 145 degrees 35 minutes 48 seconds east;
(xiv) then south-westerly along the geodesic to the point of latitude 44 degrees 56 minutes south,
longitude 145 degrees 21 minutes east;
(xv) then south along the meridian of longitude 145 degrees 21 minutes east, to its intersection with the
parallel of latitude 45 degrees 45 minutes south;
(xvi) then west along the parallel of latitude 45 degrees 45 minutes south, to its intersection with the
meridian of longitude 144 degrees 40 minutes east;
(xvii) then south-easterly along the geodesic to the intersection of the meridian of longitude 145 degrees
1 minutes 54 seconds east, with the outer limit of the exclusive economic zone***;
(xviii) then generally westerly along the outer limit of the exclusive economic zone to its intersection
with the meridian of longitude 144 degrees east; and
(xix) then north along the meridian of longitude 144 degrees east, to the point of commencement.
Federal Register of Legislative Instruments F2007L01921
Part 2 – Sanctuary Area Zone (IUCN Category Ia - Strict Nature Reserve)
All of that area within the Southern Ocean, excluding any coastal waters* in relation to the State of
Tasmania, contained within and bounded as follows**:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
commencing at the intersection of the meridian of longitude 146 degrees 15 minutes east, with the
outer limit of the coastal waters* of Tasmania at approximate latitude 43 degrees 43 minutes
south;
then generally easterly along the outer limit of the coastal waters* of Tasmania to its intersection
with the meridian of longitude 146 degrees 36 minutes east;
then south-westerly along the geodesic to the point of latitude 43 degrees 59 minutes 32 seconds
south, longitude 146 degrees 23 minutes 27 seconds east;
then westerly along the geodesic to the point of latitude 43 degrees 58 minutes 52 seconds south,
longitude 146 degrees 12 minutes 36 seconds east;
then north-westerly along the geodesic to the point of latitude 43 degrees 53 minutes 32 seconds
south, longitude 146 degrees 7 minutes 11 seconds east; and
then north-easterly along the geodesic to the point of commencement.
Part 3 – Special Purpose Area Zone (IUCN Category VI – Managed Resource Protected
Area)
All of that area within the Southern Ocean contained within and bounded as follows**:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
commencing at the point of latitude 44 degrees 36 minutes south, longitude 144 degrees east;
then east along the parallel of latitude 44 degrees 36 minutes south, to its intersection with the
meridian of longitude 145 degrees 35 minutes 48 seconds east;
then south-westerly along the geodesic to the point of latitude 44 degrees 56 minutes south,
longitude 145 degrees 21 minutes east;
then south along the meridian of longitude 145 degrees 21 minutes east, to its intersection with the
parallel of latitude 45 degrees 45 minutes south;
then west along the parallel of latitude 45 degrees 45 minutes south, to its intersection with the
meridian of longitude 144 degrees 40 minutes east;
then south-easterly along the geodesic to the intersection of the meridian of longitude 145 degrees
1 minutes 54 seconds east, with the outer limit of the exclusive economic zone***;
then generally westerly along the outer limit of the exclusive economic zone to its intersection
with the meridian of longitude 144 degrees east; and
then north along the meridian of longitude 144 degrees east, to the point of commencement.
Part 4 – Multiple Use Area Zone (IUCN Category VI - Managed Resource Protected Area)
All of that area within the Southern Ocean contained within and bounded as follows**:
(i)
(ii)
(iii)
commencing at the point of latitude 43 degrees 24 minutes south, longitude 144 degrees east;
then east along the parallel of latitude 43 degrees 24 minutes south, to its intersection with the
meridian of longitude 145 degrees 5 minutes 5 seconds east;
then south along the meridian of longitude 145 degrees 5 minutes 5 seconds east, to its
intersection with the parallel of latitude 43 degrees 24 minutes 55 seconds south;
Federal Register of Legislative Instruments F2007L01921
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
(xiii)
(xiv)
(xv)
*
**
***
then east along the parallel of latitude 43 degrees 24 minutes 55 seconds south, to its intersection
with the meridian of longitude 145 degrees 15 minutes 5 seconds east;
then south along the meridian of longitude 145 degrees 15 minutes 5 seconds east, to its
intersection with the parallel of latitude 43 degrees 34 minutes 55 seconds south;
then east along the parallel of latitude 43 degrees 34 minutes 55 seconds south, to its intersection
with the meridian of longitude 145 degrees 20 minutes 5 seconds east;
then south along the meridian of longitude 145 degrees 20 minutes 5 seconds east, to its
intersection with the parallel of latitude 43 degrees 44 minutes 55 seconds south;
then east along the parallel of latitude 43 degrees 44 minutes 55 seconds south, to its intersection
with the meridian of longitude 146 degrees 6 minutes east;
then easterly along the geodesic to the intersection of the meridian of longitude 146 degrees 15
minutes east, with the outer limit of the coastal waters* of Tasmania at approximate latitude 43
degrees 43 minutes south;
then south-westerly along the geodesic to the point of latitude 43 degrees 53 minutes 32 seconds
south, longitude 146 degrees 7 minutes 11 seconds east;
then south-easterly along the geodesic to the point of latitude 43 degrees 58 minutes 52 seconds
south, longitude 146 degrees 12 minutes 36 seconds east;
then easterly along the geodesic to the point of latitude 43 degrees 59 minutes 32 seconds south,
longitude 146 degrees 23 minutes 27 seconds east;
then south-westerly along the geodesic to the point of latitude 44 degrees 36 minutes south,
longitude 145 degrees 57 minutes 30 seconds east;
then west along the parallel of latitude 44 degrees 36 minutes south, to its intersection with the
meridian of longitude 144 degrees east; and
then north along the meridian of longitude 144 degrees east, to the point of commencement.
The coastal waters are defined in relation to each State and the Northern Territory by the Coastal
Waters (State Powers) Act 1980 and Coastal Waters (Northern Territory Powers) Act 1980.
All geographic coordinates are expressed in terms of the Geocentric Datum of Australia 1994
(GDA94) as described in the Commonwealth of Australia Gazette GN35 of 6 September 1995.
The exclusive economic zone in relation to Australia and its external territories has been declared
under the Seas and Submerged Lands Act 1973 in accordance with the United Nations Convention
on the Law of the Sea (Proclamation dated 26 July 1994 published in the Commonwealth of
Australia Gazette S290 of 29 July 1994).
Federal Register of Legislative Instruments F2007L01921