OFFSHORE PETROLEUM EXPLORATION ACREAGE RELEASE AUSTRALIA 2014 Commonwealth marine reserves system This document has been developed as a guide only. This information should not be relied upon solely. Potential bidders are encouraged to consult the 2014 Acreage Release General and Special Notices and information regarding Commonwealth marine reserves at: www.environment.gov.au/marinereserves prior to making any commercial decisions. Commonwealth marine reserves The Australian Government has established Commonwealth marine reserves in Commonwealth waters around Australia as part of the National Representative System of Marine Protected Areas (NRSMPA) agreed between the Commonwealth and the States and the Northern Territory. Overview Commonwealth marine reserves are sections of the ocean that are managed primarily for the conservation of their ecosystems, habitats and the marine life they support. The creation and effective management of marine reserves is widely regarded, both nationally and internationally, as one of the most effective mechanisms for maintaining the long-term health and productivity of our oceans. The reserves help ensure that Australia's diverse marine environment remains healthy, productive and resilient. While the primary objective in establishing the reserves is the conservation of biodiversity, the sustainable use of natural resources is allowed in parts of reserves where doing so is not inconsistent with this primary objective. Details on how the Commonwealth marine reserves network affects the individual Release Areas can be found in the 2014 Acreage Release Special Notices at www.petroleum-acreage.gov.au. Management arrangements for Commonwealth marine reserves are currently under review and will be subject to consultation. The review does not concern the South-east Commonwealth Marine Reserves Network, which is managed under a statutory management plan that came into effect in July 2013. Further details about the Southeast management plan and the transitional management arrangements that currently apply to all other reserves are below. www.petroleum-acreage.gov.au The primary aim of the NRSMPA is to establish and manage a comprehensive, adequate and representative system of marine reserves to contribute to the long-term ecological viability of marine systems, to maintain ecological processes and systems and to protect Australia’s marine biological diversity at all levels. The Great Barrier Reef Marine Park is managed under its own legislation. All other marine reserves in Commonwealth waters are established and managed as Commonwealth reserves under provisions of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). In late 2012, 2.3 million square kilometres of marine reserves were added to the previously existing protected areas, expanding the overall size of the Commonwealth marine reserve estate to some 2.8 million square kilometres. The estate comprises 59 reserves covering more than a third of Commonwealth waters. Commonwealth marine reserves are managed according to management principles set out in regulations made under the EPBC Act. These principles inform the development of statutory management plans and underpin implementation policies and operational procedures. The Director of National Parks (the Director), established under the EPBC Act, is responsible for the management of Commonwealth marine reserves. 1 DISCLAIMER: This fact sheet has been developed as a guide only. It does not replace or amend information provided in the Offshore Petroleum Legislation, Regulations and Guidelines available at: www.nopta.gov.au/legislation. In the event that there is a discrepancy between this fact sheet and the legislation or regulations, the legislation or regulations has precedence. Explorers should not rely solely on this information when making commercial decisions. Image courtesy of BHP Billiton Petroleum Pty Ltd. Marine reserves and any zones within them are assigned to one of seven categories defined by the International Union for Conservation of Nature (IUCN). Each IUCN category has its own principles as outlined in the EPBC Regulations and the reserves must be managed consistently with the principles. Mining is prohibited in zones assigned to IUCN categories I, II and IV. Construction and maintenance of pipelines may be authorised in IUCN category IV zones. Generally, mining activities are allowed in IUCN category VI zones, although there might be exceptions. Mining is prohibited across the entire Coral Sea Commonwealth Marine Reserve. South-east Commonwealth Marine Reserves Network Management Plan 2013-23 The South-east Commonwealth Marine Reserves Network Management Plan 2013-23 came into effect on 1 July 2013. The management plan continues the interim management arrangements established when the reserves were declared in 2007. Zones in use within the South-east Commonwealth Marine Reserves Network include: Sanctuary Zone (IUCN Ia); Marine National Park Zone (IUCN II); Habitat Protection Zone (IUCN IV); Recreational Use Zone (IUCN IV); Multiple Use Zone (IUCN VI) and Special Purpose Zone (IUCN VI). In the South-east network, mining operations including exploration, development and other activities can be carried out in Special Purpose Zones (IUCN VI) and Multiple Use Zones (IUCN VI). The South-east Network consists of fourteen separate CMRs: Apollo Class approvals are being used to avoid duplication of environmental assessments and the need to issue individual permits in those instances where stringent environmental requirements already apply. In issuing class approvals, the Director must be satisfied that the activities to be approved are not likely to have an unacceptable impact on the relevant conservation values of the reserves and will be conducted in a way that is consistent with achieving the objectives of the management plan. Under the South-east management plan, mining class approvals have been issued for those activities undertaken as part of mining operations that are assessed and approved under Part 7 or 9 of the EPBC Act (that is, in relation to matters of national environmental significance) and those operations that have been referred under the EPBC Act and deemed to be not controlled actions. Mining-related activities that are not assessed and approved under Part 7 or 9 require a permit or approval from the Director in order to be carried out in the marine reserves. In February 2014, the Environment Minister endorsed the Environmental Plan approval programme undertaken by the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) under the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009, and approved those offshore mining activities assessed under the endorsed NOPSEMA programme. This approval is a legal step that allows activities identified in the endorsed programme to proceed without the need for further approval from the Australian Government under Part 7 or Part 9 of the EPBC Act. Huon Beagle Macquarie Island Boags Murray East Gippsland Nelson Flinders South Tasman Rise Franklin Tasman Fracture Zeehan processes with existing regulatory regimes, when this is appropriate and consistent with the objectives of the plan. Freycinet In the context of those offshore mining activities taking place within the South-east network, the mining class approvals issued under the South-east management plan authorise operations taken in accordance with the endorsed programme. Other Commonwealth marine reserves: transitional management arrangements For reserves established in the South-west, North-west, North and Temperate East networks and the Coral Sea reserve, transitional management arrangements are in place until management plans are prepared and come into effect. Mining class approvals The South-east management plan contains a commitment to minimise the regulatory burden on users of marine reserves, through integrating marine reserve management www.petroleum-acreage.gov.au AUSTRALIA 2014 Under the transitional management arrangements, there are no changes on the water for users undertaking activities in new marine reserve areas. Under these arrangements, the Director has issued general approvals 2 Offshore Petroleum Exploration Acreage Release authorising a range of activities, including mining operations. For those areas of the networks that were already a marine reserve prior to 2012, the same restrictions on activities will continue to apply even where the areas of those reserves have been incorporated into new, larger reserves. Details of restrictions that apply in those areas are available at: www.environment.gov.au/marinereserves If an existing approval to undertake activities within Commonwealth marine reserves is held by titleholders, they can continue to operate under the terms of their existing approval. No additional administrative requirements apply. www.petroleum-acreage.gov.au AUSTRALIA 2014 3 Offshore Petroleum Exploration Acreage Release