Environment Protection and Biodiversity Conservation Act 1999
Section 359B
Approval of Non-Commercial Fishing in Part of the Lord Howe Commonwealth Marine Reserve
– Habitat Protection Zone of the Former Lord Howe Island Marine Park
(Commonwealth Waters)
Approved area
The area specified in Part 1 of the Schedule to this approval, being the Habitat
Protection Zone of the former Lord Howe Island Marine Park (Commonwealth
Waters) declared by Proclamation on 21 June 2000 and revoked by a
Proclamation that came into effect on 17 November 2012.
Note: The Sanctuary Zones of the former reserve – the areas specified in Part 2
of the Schedule – are not approved areas.
Approved action
Non-commercial fishing (taking, keeping, moving fish for non-commercial
purposes)
Approved persons
All persons taking the approved action (including all employees, servants,
agents, contractors, clients and invitees engaged in or taking part in the
approved action).
Conditions of
approval
1. Subject to condition 2 the approved action must be taken in accordance with
laws of the State of New South Wales relating to recreational fishing,
including (without limitation):
a. holding and complying with any usage right required to take the
action; and
b. complying with the legal lengths, catch limits, permitted gear and
other requirements.
2. The approved action must be taken in accordance with:
a. the Environment Protection and Biodiversity Conservation Act 1999;
b. the Environment Protection and Biodiversity Conservation
Regulations 2000;
c. any prohibitions, restrictions or determinations made under the
Regulations; and
d. any other notices, information, guidelines, codes of conduct or
protocols issued by, or under the authority of, the Director of
National Parks.
Unless sooner revoked this approval remains in effect until a management plan comes into effect for
the reserve.
Signed - 14 December 2013
Charlton Clark
Assistant Secretary
Commonwealth Marine Reserves Branch
Parks Australia
Department of the Environment
Delegate of the Director of National Parks
Schedule – Part 1
Former Lord Howe Island Marine Park (Commonwealth Waters)
Habitat Protection Zone
All of that area in the South Pacific Ocean bounded by the line(1):
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
commencing at the westernmost intersection of the parallel of latitude 31° 46′ 50″ S by the
outer limit of the coastal waters of the State(2) of New South Wales, adjacent to Ball’s
Pyramid;
from there generally northerly, easterly and south-easterly along that outer limit to its
easternmost intersection by the parallel of latitude 31° 46′ 50″ S;
from there east along that parallel to its intersection by the outer limit of the territorial sea(3)
of Australia adjacent to Ball’s Pyramid;
from there generally north-westerly along that outer limit to its intersection by the parallel of
latitude 31° 35′ 50″ S;
from there west along that parallel to its easternmost intersection by the outer limit of the
coastal waters of the State of New South Wales, adjacent to Lord Howe Island;
from there generally south-westerly, north-westerly, north-easterly and south-easterly along
that outer limit to its easternmost intersection by the parallel of latitude 31° 30′ 40″ S;
from there east along that parallel to its intersection by the outer limit of the territorial sea of
Australia adjacent to Lord Howe Island;
from there generally north-westerly, south-westerly and south-easterly along that outer limit
to its intersection by the parallel of latitude 31° 46′ 50″ S; and
from there east along that parallel to the point of commencement.
Notes:
1. 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.
2. The coastal waters of the State has the same meaning as in subsection 3 (1) of the Coastal
Waters (State Powers) Act 1980.
3. The territorial sea of Australia and its external territories is established under the Seas and
Submerged Lands Act 1973 in accordance with Articles 3 and 4 of the 1982 United Nations
Convention on the Law of the Sea. Australia has declared a 12 nautical mile wide territorial
sea under the Act (by Proclamation which entered into force on 20 November 1990 and
published in the Commonwealth of Australia Gazette No. S297 on 13 November 1990). The
outer limit of the territorial sea is 12 nautical miles seaward from the territorial sea baselines
established under the Act (Proclamations published in the Commonwealth of Australia
Gazette No. S29 on 9 February 1983 and No. S57 on 31 March 1987)
.
Map of Former Lord Howe Island Marine Park (Commonwealth Waters)
Habitat Protection Zone
Schedule – Part 2
Former Lord Howe Island Marine Park (Commonwealth Waters)
Sanctuary Zones
(a) All of that area in the South Pacific Ocean bounded by the line(1):
(i) commencing at the easternmost intersection of the parallel of latitude 31° 35′ 50″ S by the
outer limit of the coastal waters of the State(2) of New South Wales, adjacent to Lord Howe
Island;
(ii) from there generally north-easterly and north-westerly along that outer limit to its intersection
by the parallel of latitude 31° 30′ 40″ S;
(iii) from there east along that parallel to its intersection by the outer limit of the territorial sea (3) of
Australia adjacent to Lord Howe Island;
(iv) from there generally southerly and south-easterly along that outer limit to its intersection by the
parallel of latitude 31° 35′ 50″ S; and
(v) from there west along that parallel to the point of commencement.
(b) All of that area in the South Pacific Ocean bounded by the line(1):
(i) commencing at the westernmost intersection of the parallel of latitude 31° 46′ 50″ S by the
outer limit of the coastal waters of the State(2) of New South Wales, adjacent to Ball’s Pyramid;
(ii) from there generally south-easterly and north-easterly along that outer limit to its easternmost
intersection by the parallel of latitude 31° 46′ 50″ S;
(iii) from there east along that parallel to its intersection by the outer limit of the territorial sea (3) of
Australia adjacent to Ball’s Pyramid;
(iv) from there generally southerly, south-westerly and north-westerly along that outer limit to its
intersection by the parallel of latitude 31° 46′ 50″ S; and
(v) from there east along that parallel to the point of commencement.
Notes:
1.
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.
2.
The coastal waters of the State has the same meaning as in subsection 3 (1) of the
Coastal Waters (State Powers) Act 1980.
3.
The territorial sea of Australia and its external territories is established under the Seas and
Submerged Lands Act 1973 in accordance with Articles 3 and 4 of the 1982 United Nations
Convention on the Law of the Sea. Australia has declared a 12 nautical mile wide territorial
sea under the Act (by Proclamation which entered into force on 20 November 1990 and
published in the Commonwealth of Australia Gazette No. S297 on 13 November 1990). The
outer limit of the territorial sea is 12 nautical miles seaward from the territorial sea baselines
established under the Act (Proclamations published in the Commonwealth of Australia
Gazette No. S29 on 9 February 1983 and No. S57 on 31 March 1987).
Map of Former Lord Howe Island Marine Park (Commonwealth Waters)
Sanctuary Zones