Intertidal zone protection
The Audit Panel conducting the Independent Scientific Audit of Marine Parks has
requested information on protection of the intertidal zone. The request arose due to
confused usage of the term 'intertidal zone'. It seems to be used differently in
determining boundaries between different tenures. Some submissions say that the
intertidal zone needs better protection so the Panel would like to know if there is a
standard.
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Introduction
The intertidal zone is the area of a seashore which is covered at high tide and
uncovered at low tide. In NSW the term is typically used to refer to oceanic
seashores, comprised almost entirely of sandy beaches and rocky shores, rather
than those in estuaries. But estuarine sandflats, mudflats, beaches, rocky shores and
mangrove forests are also important intertidal habitats in NSW.
The intertidal zone in NSW is managed and protected within crown reserves, marine
parks, aquatic reserves and national parks.
The intertidal zone is defined in the National Park and Wildlife Act 1974 as the area
between the Mean High Water Mark (MHWM) and the Mean Low Water Mark
(MLWM).
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Crown lands
Crown land in NSW is land that is owned and administered by the NSW Government
and managed by various bodies including NSW DPI, local councils and various
reserve trust managers. It accounts for over half of all land in NSW and includes:
Crown lands held under lease, licence or permit; Crown reserves managed by
various types of reserve trust managers and set aside for various purposes, including
environmental protection; and lands within the Crown public roads network. The beds
of many non-tidal waterways across the State also comprise Crown land, as does the
beds of most tidal waterways and much of the coastal zone below MHWM to 3
nautical miles out to sea.
The supratidal (above the MWHM) and intertidal areas of ocean beaches and rocky
shores that are Crown land are often managed by local councils in NSW. The
seaward boundaries of many local government areas in NSW extend from terrestrial
lands down to the MLWM of ocean shores. Local councils typically manage access,
use (including four wheel driving and dog walking), commercial activities, safety and
environmental matters, such as dune stabilisation, for sandy beaches and rocky
shores on Crown land in their local government area.
Harm to mangroves, which occur in and around the intertidal zones of estuaries, is
regulated throughout NSW under the Fisheries Management Act 1994, regardless of
land tenure.
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Marine parks
NSW marine parks include marine (oceanic and estuarine) waters up to the MHWM
and therefore include the intertidal zone of coastal waters and estuaries (inland to the
tidal limit).
Ocean beaches, rocky shores and estuarine mangrove habitats are the key intertidal
habitats recognised in NSW marine parks. Zoning of marine parks seeks to include a
comprehensive, adequate and representative sample of intertidal habitats in
sanctuary zones to help conserve marine biodiversity.
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The MWHM boundaries of marine parks often abut or overlap adjacent national
parks, nature reserves or regional parks. The boundaries of these national parks are
discussed below in section 6.
Crown land underlays many areas of intertidal zones in marine parks, other than
where national parks or private land extend down to the MLWM.
The zoning plans for marine parks take precedent over plans of management of
national parks or Crown lands to the extent of any inconsistency according to s. 17F
of the Marine Parks Act 1997.
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Aquatic reserves
There are 12 aquatic reserves in NSW, ten in the Sydney region, one at Cook Island
near Tweed Heads and one at Bushranger’s Bay near Shellharbour.
The boundaries of the reserves vary, but many include intertidal zones. Six aquatic
reserves are focussed on conserving marine invertebrates on intertidal rocky shores
(Barrenjoey Head, Boat Harbour, Bronte-Coogee, Cape Banks, Long Reef and
Narrabeen Head). Some other reserves are broader in scope, but include intertidal
beaches and/or rocky shores (Bushrangers Bay, Cabbage Tree Bay, Cook Island,
North Harbour, Shiprock) or extensive intertidal mangrove wetlands (Towra Point)
along with subtidal habitats.
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Intertidal protected areas
In 1993, 14 intertidal protected areas were established around Sydney as a
component of an integrated management approach to minimise threats and ensure
the sustainability of rocky shore animals and plants. At the same time new bag limits
were introduced and methods of collection were restricted and defined.
Following community consultation, six of these sites were permanently protected as
aquatic reserves on 31 March 2002. These were at Barrenjoey Head, Narrabeen
Head, Cabbage Tree Bay, Bronte–Coogee, Cape Banks and Boat Harbour.
The nine current intertidal protected areas are located around Sydney at Bungan
Headland, Mona Vale Head, Dee Why Headland, Shelly Beach Headland, Sydney
Harbour, Bondi, Long Bay, Inscription Point and Cabbage Tree Point. Regulations
protecting intertidal invertebrates and plants at these sites are in the Fisheries
Management (General) Regulation 2010.
Intertidal protected areas protect selected rocky habitats and intertidal species. They
aim to:
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
protect intertidal community biodiversity and structure

provide biological reservoirs of breeding stock so exploited areas nearby can
be recolonised or sustained

help ensure harvesting of intertidal invertebrates is undertaken at sustainable
levels.
National parks
Where possible, new lands to be added to the NSW national parks system are
gazetted to the low water mark to provide protection for intertidal zone habitats and
the animals that utilise them. Due to the definition of animal in the National Parks and
Wildlife Act 1974, protection is not extended legally to fish and marine invertebrates
as defined in the Fisheries Management Act 1994.
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The final agreed boundary of each new reserve addition, and whether the use of
mean high water mark, low water mark or the use of headland to headland boundary
descriptions is most appropriate, is determined on a case by case basis after OEH
has consulted other NSW government agencies on each individual parcel of land
proposed for reservation.
This process affords other NSW Government agencies that may be affected by the
declaration of a new reserve the opportunity to provide advice on the proposed
boundaries for the reserve.
6.1
Current level of protection within national parks
In 2004 an inventory and evaluation of the marine ecosystems and habitats of NSW
national parks and reserves was undertaken to gain a better understanding of the
protection currently afforded to marine ecosystems and habitats by the NSW national
parks system and therefore its contribution to a Comprehensive, Adequate and
Representative system of marine protected areas in NSW. A report ‘Inventory and
evaluation of the marine ecosystems and habitats of NSW national parks and
reserves’ was produced.
As part of the inventory, the protection afforded to the intertidal zone by the national
parks system was ascertained. Intertidal habitats were classified in this inventory as
ocean mainland, ocean island, estuary mainland or estuary island.
The number of parks in the NSW national parks system at the time of the inventory in
February 2004 was 650. This has now increased to over 850 parks therefore the
figures in the inventory are now likely to be an underestimate of the protection
afforded to the intertidal zone by the NSW national parks system. However, this is
currently the best available data regarding intertidal zone habitats protected in the
NSW national parks system. A summary of the key findings of this inventory, along
with which bioregion particular intertidal zone habitats were located in, is provided
below.
As of at February 2004, there were 69 parks with intertidal zones and intertidal and
subtidal marine ecosystems in parks covered about 21470 hectares or approximately
2% of NSW waters.
The inventory found that the dominant intertidal ecosystems on parks were
associated with estuaries and the mainland ocean coastline. Eighteen parks
contained ocean intertidal ecosystems on the mainland and four parks contained
ocean intertidal ecosystems on islands. Fourteen parks extended seaward to the
MLWM and contained estuary mainland intertidal ecosystems (mainland), with eight
parks containing intertidal ecosystems on estuary islands.
Ocean mainland intertidal ecosystems were largest in the Batemans Shelf and
Twofold Shelf bioregions. They occurred mainly in Eurobodalla National Park
(Batemans) and Ben Boyd National Park (Twofold). A small area of ocean island
intertidal ecosystems occurred on park, mainly in Myall Lakes National Park
(Manning) and Murramarang National Park (Batemans).
Large areas of estuary mainland and estuary island intertidal ecosystems are
reserved in parks in the Hawkesbury Shelf Bioregion. These occur mostly in
Kooragang Nature Reserve (including the estuarine wetlands of Fullerton Cove and
Kooragang, Wallis and Smiths islands). Relatively large areas of estuary mainland
intertidal ecosystems also occur in the Tweed-Moreton Bioregion (mainly Richmond
River Nature Reserve) and in the Batemans Shelf Bioregion (mainly Cullendulla
Creek and Narrawallee Creek nature reserves).
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6.2
Management of Intertidal zone within national parks
The National Parks and Wildlife Act 1974 requires that a plan of management be
prepared that outlines how an area will be managed by the NPWS.
Plans of management identify natural values within parks, the threats to these natural
values and appropriate management responses. For example, the Eurobodalla
National Park and Ben Boyd National Park Plans of Management identify the
intertidal zone as an important habitat and contains specific management responses
for the management of the intertidal zone. Examples of management responses
include a catchment management approach and the development of estuary
management plans.
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NSW Coastal Policy 1997
The NSW Coastal Policy provides a framework for coastal management in NSW. It
contains a series of goals, objectives and strategic actions for coastal management,
may of which relate to the conservation of marine biodiversity. Importantly the Policy
aims to coordinate activities of numerous government agencies, local councils and
community groups in the coastal zone.
The NSW Coastal Policy focuses on ecologically sustainable development and
advocates that the principles of ecologically sustainable development should be used
to guide decision making in all areas and activities affecting the NSW coast.
Nine goals are elaborated in the Coastal Policy, relating to three key areas of
conservation, human activities and implementation. Key strategic actions for intertidal
zones in the Coastal Policy are:

Crown lands, including submerged lands, in the coastal zone will be subject to
an ongoing process to determine conservation significance and to devise
appropriate controls. This will include (underline added):
o dedicating or reserving Crown land under the National Parks and
Wildlife Act 1974, the Crown Lands Act 1989 or Fisheries Management
Act 1994, or making declarations under the Marine Parks Act 1997
where appropriate;
o identifying Crown lands in the intertidal zone* adjacent to lands
reserved or dedicated, or proposed to be reserved or dedicated, under
the National Parks and Wildlife Act 1974 and, where appropriate,
reserving or dedicating such land under the National Parks and Wildlife
Act (*includes land extending seaward to the level of Lowest
Astronomical Tide);
o assessing Crown owned submerged land of high conservation value
through the land assessment process for an appropriate
dedication/reservation/declaration;
o maintaining reservations of Crown land from sale or lease where a
major or significant foreshore area or an area which is critical for public
access is potentially affected.
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