Commonwealth of Australia Australia’s OceanSOceanS policypolicy

caring understanding using wisely

1 © Commonwealth of Australia 1998 acknowledgmentS Particular acknowledgment for assistance, information and access to images is due to: This document has been prepared by the Commonwealth Government in consultation with all • Aboriginal and Torres Strait Islander Commission Australian States, the Northern Territory and the Australian Local Government Association • Antarctic Division (ALGA) as the basis for a national Oceans Policy. It does not present a formal position or outcomes agreed by State and Territory Governments, their agencies or ALGA. • Australian Institute of Marine Science • Australian Geological Survey Organisasion Australia’s Oceans Policy • Australian Petroleum Production and Exploration Association ISBN 0 642 54580 4 • Bureau of Resource Sciences Progress in implementation of Australia’s Oceans Policy will be reviewed in two years from the date • Bureau of Meteorology of its release. Your input, comments and suggestions for an effective national Oceans Policy would • Commonwealth Scientific and Industrial Research Organisation be welcome at any time. Division of Marine Research Electronic versions of the Oceans Policy documents are available at • Department of Defence, Directorate of Naval Policy http://www.environment.gov.au/net/oceanspo.html • Environmental Resources Information Network Comments can be sent to the address below or by e-mail to: [email protected] • Great Barrier Reef Marine Park Authority Oceans Policy Marine Group, Environment Australia GPO Box 787 Canberra ACT 2601 Telephone: (02) 6274 1418 Fax: (02) 6274 1006 Information presented in this document may be reproduced in whole or in part for study or training purposes or to provide wider dissemination for public response, subject to inclusion of acknowledgment 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 from Environment 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, Canberra Designed by: Design ONE Solutions, Canberra Film separations: by Trendsetting Pty Ltd, Canberra Printed by: Trendsetting Pty Ltd, Canberra

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Reprinted May 1999 Australia’sAustralia’s OceanSOceanS policypolicy

A MESSAGE FROM While my government has taken the lead in developing Australia’s Oceans THE PRIME MINISTER Policy, an effective policy must be shaped by the nation as a whole. This Policy has been developed with considerable consultation, sharing ideas Our oceans contain resources of enormous potential with governments, the community, conservation groups, industry and benefit to all. These resources must be managed other resource users on how to ensure the conservation and sustainable carefully to ensure economic benefit exists side by development of our vast natural assets. Many of these ideas have been side with sensitive environmental care. We have a incorporated into the Policy. I would like to record my appreciation of shared responsibility of ensuring the long term health the constructive contributions that have been made by so many in govern- of our oceans. Australia is a world leader in many ment, industry and the wider community. areas of marine resource management, scientific endeavour and industry practices. With the release of Australia’s Oceans Policy we again demon- Putting Australia’s Oceans Policy into action requires partnerships between strate our world leadership by implementing a coherent, strategic plan- all spheres of government, the private sector, and the scientific and wider ning and management framework capable of dealing with the complex communities. I am confident that the Policy will, like our marine issues confronting the long term future of our oceans. resources, be owned by all Australians. Australia’s Oceans Policy provides that framework. It also outlines a broad range of commitments that will translate the Policy into a programme of positive action to take us into the new millennium. Through the Policy’s implementation we will be in a strong position to protect and sustainably manage our ocean resources. This will bring benefits in terms of invest- John Howard ment security as well as soundly based conservation outcomes. Prime Minister of Australia

caring understanding using wisely Australia’s Marine Jurisdictional Zones (Preliminary) EXECUTIVE SUMMA R Y

Australia’s Oceans Policy sets in place the • Regional Marine Plan Ste e r i n g framework for integrated and ecosystem- Committees, which will include reg i o n a l based planning and management for all stakeholders; and of Australia’s marine jurisdictions. It • a National Oceans Office, located in includes a vision, a series of goals and Environment Australia, which will principles and policy guidance for a provide secretariat and technical national Oceans Policy. Building on support and programme delivery for existing effective sectoral and jurisdic- oceans policy initiatives. tional mechanisms, it promotes ecologi- State and Territory governments will be cally-sustainable development of the encouraged to participate in the develop- resources of our oceans and the encour- Australian EEZ ment of Regional Marine Plans and on agement of internationally competitive Preliminary Continental Shelf > AEEZ the Steering Committees. Common- marine industries, while ensuring the Zone of Cooperation wealth-State coordination on oceans Maximum CS< AEEZ off Australian protection of marine biological diversity. Antarctic Territory policy matters in general is proposed to Boundary to be At the core of the Oceans Policy is the take place through the Australian and negotiated development of Regional Marine Plans, New Zealand Environment and Conser- based on large marine ecosystems, which vation Council. will be binding on all Commonwealth Australia’s Oceans Policy - Specific Sectoral • commencement of Regional Marine • support for the development of a agencies. The first Regional Marine Plan Measures details the major challenges and Planning; single national ballast water manage- will be developed for the south-eastern the proposed responses in some twenty • improved understanding of the marine ment system; region of Australia’s Exclusive Economic areas of oceans planning and manage- environment, including environmental • trials to treat acid sulfate soil problem Zone. Broadly, this will include waters ment. These range from the conservation baseline surveys and sustainability areas; off Victoria, Tasmania, southern New of marine biological diversity, shipping, indicators, monitoring and improved • a National Moorings Programme for South Wales and eastern South Australia. marine pollution, fisheries and indige- assessment of the impacts of commer- sensitive marine areas; and Australia’s Oceans Policy establishes a nous interests, to understanding the cial and recreational activities - all • support for the early phased with- series of arrangements for implementa- oceans and protection of the national targeted to support Regional Marine drawal of the use of toxic organotin tion, including : interest. An important component is the Plans; anti-fouling paints, including trib- • a National Oceans Ministerial Board progressive assessment of the effective- • accelerated development and improved utyltin paints. management of marine protected of key Commonwealth Ministers, ness of the Oceans Policy and its imple- State and Territory Governments will be areas; chaired by the Minister for the Envi- mentation. invited to endorse Australia’s Oceans ronment and Heritage. The Board will • support for national mandatory stan- The Government has committed Policy as an agreed national approach, be the decison-making body regarding dards for marine and estuarine water $ 5 0 m i l l i o n over three years for imple- and will play an important part in Regional Marine Plans; quality; mentation of the Policy. Specific actions ensuring its effective implementation. • a National Oceans Advisory Group of on which commitments have been made industry, community and government include: stakeholders;

2 Australia’s Oceans Policy FOREWORD

The release of Australia’s Aus t ra l i a ’s Oceans Pol i c y is neither solely tunties for the Australian community •Together with the Marine Science and Oceans Policy in the an environment protection policy nor now and for future generations. Technology Plan, the Policy will improve International Year of the solely an economic development policy. It monitoring and understanding of the Australia’s Oceans Policy is targeted to give Ocean positions Australia is both. It is a Policy for the ecologically global ocean processes that influence early tangible results. as a world leader in imple- sustainable development of our oceans. our marine and terrestrial environ- menting integrated oceans planning and •Our marine jurisdictions will be ments. The Oceans Policy establishes the broad management. regionalised, based on large marine principles and planning and manage- Most of the area of ocean under Aus t r a l i a n ecosystems, for the purposes of inte- Th r ough development of Aus t ra l i a ’s ment approaches necessary to achieve jurisdiction is the direct responsibility of grated ocean planning and manage- Oceans Pol i c y , the Government has joined that goal. It also commits the Govern- the national Gover n m e n t , but there are ment. in a partnership with the Australian ment to a $50 million package over three also significant coastal waters where the community to ensure the care, under- years to implement a range of initiatives •Regional Marine Plans will be devel- Co m m o n w ealth has handed the primary standing and wise use of our oceans. that will translate those approaches into oped. The resources of the marine management responsibility to the Sta t e s action. This builds on the record levels of regions will be assessed, pressures for and Ter r i t o r i e s . The planning and management system funding already provided by the Govern- use identified, and planning and outlined here responds to the need for Implementing a national oceans policy ment through the $125 million Coasts management options derived in part- national coordination and consistency of will need better coordination between the and Clean Seas initiative of the Natural nership with key stakeholders. policy, while allowing for regional diver- national, State and Territory Govern- Heritage Trust. • Our goals for Regional Marine Plans are sity and continued responsibility within to determine the conservation req u i r e- ments in integrating planning and the well established industry sectors. Maintaining the health and integrity of ments of each marine region, including management to ensure that jurisdictional our marine ecosystems is fundamental to boundaries do not hinder effective The size of our marine jurisdictions and the establishment of marine prot e c t e d good oceans management. Our actions management. The Government will seek our scant knowledge about their res o u rc e s ar eas, prev ention of potential conflict must not threaten the biological diversity the early and full endorsement of pose enormous problems for manage- be t w een sectors in relation to res o u rc e and ecological processes on which Australia’s Oceans Policy by the States and ment. We have been fortunate in that allocation and provision of long term continued ocean uses depend. This is the Territories. conflict between sectors and environ - security to all ocean users. foundation on which we will pursue the mental degradation has, in rel a t i v e terms, •We will promote and facilitate the Our oceans are valuable national res o u rc e s multiple use management of our oceans. been minimal. The use of our ocean development of our marine industries and community assets. Australia’s Oceans resources is expected to grow. A key goal The oceans are important influences on as core components of our economy Policy signals the Gover n m e n t ’s continuing of this Policy is therefore to ensure that our climate and so on our primary agri- and drivers of employment growth. intention to care for, understand and use we have the management tools in place cultural productivity. Thousands of jobs • Our marine and coastal natural these res o u r ces wisely for the benefit of all to avoid potential conflict between ocean and millions of dollars of export earnings res o u r ces will rec e i v e additional national Aus t r a l i a n s . users. It is an approach that learns from come from marine industries such as pro t e c t i o n from pollution, both from of some of the mistakes made in relation fishing, tourism and petroleum. No less land and sea sources. to land management. important are the social, recreational and • The implementation of the Nat i o n a l cultural uses we make of the oceans. Access to the common ocean resources Representative System of Marine will be guided and monitored by the Decisions about ocean resource assess- Protected Ar eas will be accelerated as a Senator the Hon Robert Hill Government on behalf of the community ment, access and use will be transparent, key component in the strategy to prot e c t Leader of the Government in the Senate to ensure ecological sustainability, secu- sustainable and provide equitable oppor- our marine biological diver s i t y . Minister for the Env i r onment and Her i t a g e rity and wealth generation. 3 AA VISIONVISION FORFOR AUSTRALIA’SAUSTRALIA’S OCEANSOCEANS HealthyHealthy oceans:oceans: caredcared for,for, understoodunderstood andand usedused wiselywisely forfor thethe benefitbenefit ofof all,all, nownow andand inin thethe future.future. GOALSGOALS FORFOR AUSTRALIA’SAUSTRALIA’S OCEANSOCEANS In seeking to care for, understand and use our oceans wisely,, Australia’’ss OceansOceans Policy has the following broad goals. 1. To exercise and protect Australia’’ss rightsrights andand jurisdictionjurisdiction oovver offshore areas, includingincluding offshoreoffshore resources.resources. 2.2. To meet AustraliaAustralia’’s international obligations under the United Nations ConventionConvention on the Law of the Sea and other international treaties. 3.3. To understand and protect Australia’’s marine biologicalbiological diversity,diversity, thethe oceanocean environment and its resources,resources, andand ensureensure oceanocean usesuses areare ecologicallyecologically sustaable.sustainable. 4. To To promote ecologically sustainable economic development andand jobjob creation.creation. 5.5. To establish integrated oceans planning and management arrangements. 6.6. To accommodate community needs and aspirations. 7. T To improve our expertise and capabilities in ocean-related management, science, technology and engineering. 8.8. To identify and protect our natural and cultural marine heritage. 9. To promote public awareness and understanding. contents

1. The Context for Australia’s Oceans Policy 7 Conservation of marine biological diversity 23 Australia’s marine jurisdictions 7 Ocean uses and impacts 25 Australia’s ocean environments 7 Marine pollution 28 Marine industries 8 Marine tourism 29 The interests of indigenous Australians 8 Community participation 30 The international context 9 Understanding the oceans 30 Protecting the national interests 31 2. Integrated and ecosystem-based Assessing effectiveness 31 Oceans Planning and Management 11 The need for integrated and ecosystem based oceans planning and 6. Marine Science and Technology and ma n a g e m e n t 11 marine industries 33 Regional Marine Planning - the way forward 11 The Marine Science and Technology Plan 33 Essential steps in planning and management 12 The Marine Industry Development Strategy 34 The content of Regional Marine Plans 12 7. Australia’s Oceans Policy - next steps 35 3. Implementation Arrangements Appendices 36 for Ocean Planning and Management 15 AppendiX 1 37 Implementation arrangements for the oceans 15 Policy guidance for oceans planning and management AppendiX 2 4. Principles for Ecologically The legal and constitutional framework of 41 Sustainable Ocean Use 19 Australia’s marine areas AppendiX 3 43 The national policy context 19 What is ecosystem integrity? Principles for ecologically sustainable ocean use 19 Ap pe n d iX 4 National Rep re s e n t a t i v e System of Marine Protected Area s 45 5. IMPLEMENTing australia’s OCEANs Selected References 47 POLICY - SOME KEY INITIAL ACTIONS 21 Integrated ocean planning and management 21

5 Proportions of Australia’s total current Coastline lengths - km marine jurisidiction areas (1:100 000 base) 1 THE CONTEXT FOR AUSTRALIA’S OCEANS POLICY and experiences continuous variability of physical, chemical and biological proper- ties on time scales that range from days to decades. Australia’s marine The areas of ocean and seabed adjacent State and Territory Governments under jurisdictions to Aus t r a l i a ’s External Territories comprise the Offshore Constitutional Settlement. Australia’s marine areas are in generally around half of the total area of the These areas are the most directly affected good condition in comparison with other Under the United Nations Convention Australian Exclusive Economic Zone by land-based and inshore activities. countries. This is reflected in Australia’s on the Law of the Sea, Australia has (EEZ) and adjacent continental shelf. Local Governments also play a significant international reputation for clean and rights and responsibilities over some They are of considerable economic, role in the planning and management of contaminant-free seafood products and 16 million square kilometres of ocean - social, scientific and cultural importance, the coasts and coastal waters. marine tourism destinations. We must mo r e than twice the area of the Aus t r a l i a n but their isolation and the harsh condi- maintain the health of our oceans to keep For references and further detail on continent. tions in the Antarctic and subantarctic that reputation. Australia’s marine jurisdictions, see territories pose particular challenges for The great majority of Australia’s marine Appendix 2 - The legal and constitutional resource development, conservation and There is no room for complacency. Our area is under sole Commonwealth framework of Australia’s marine areas. management. ocean systems are under increasing pres- Government jurisdiction. sure from many uses, such as fisheries, The small island territories are also an Australia’s ocean shipping, mineral and petroleum activi- important part of Australia’s External environments ties and tourism and recreation. These Territories. The Government aims to give rise to significant environmental provide residents of the inhabited islands Australia is one of the most biologically pressures, such as those from coastal with the same rights, opportunities and diverse nations on earth and our marine development and agriculture, fisheries responsibilities as all Australians. This environments are home to spectacular bycatch and introduced marine pests. includes promoting residents’ economic arrays of species, many of which are The impact of run-off and point source development and the protection of their unique to Australian waters. natural and cultural heritage. pollution from urban, agricultural and In the southern temperate waters as industrial activities places substantial Around continental Australia, sole many as 80 per cent of species are pressure on the marine environment. Commonwealth Government jurisdic- endemic (not found elsewhere). In the Population growth, both here and over- tion stretches from the external bound- no r th, which is connected by currents to seas, will inevitably place increasing aries of the EEZ and continental shelf to the Indian and Pacific Oceans, over a l l demands and pressures on Australia’s three nautical miles from the coastal di v ersity is higher, although the prop o rt i o n marine resources. baseline. of endemic species is lower at around ten Action now to put in place a comprehen- per cent. However the inshore areas, in particular sive system for integrated ocean planning those within the three nautical mile zone, The vast marine area for which Australia and management will reduce the risk of a fall within the primary jurisdiction of has responsibility is dynamic in nature progressi ve decline and irre ve r s i b l e

7 damage to our marine systems. In this nities. These industries are important The interests way we will also be able to pre vent envi- to the economy, contributing arou n d of indigenous ronmental, economic, social and cultural $3 0 billion a year or eight per cent of gros s AustraliaNS losses that would reduce options for domestic product. They also contribute f u t u re use. substantially to export performance – esti- The changing coastline and seas of mated at $6.6 billion in 1994 or seven per Australia have played a part in shaping For references and further details on cent of total exports . indigenous cultures over at least 50 000 Australia’s marine environments, see years. Their cultural and economic State of the Marine Environment Report Marine industries have excellent poten- importance for Aboriginal and Torres 1995, Australia: State of the Environment tial to contribute to future economic and Strait Islander communities will 1996, Oceans Policy Issues Paper 7 and em p l o yment growth. In parti c u l a r , marine continue. Background Paper 1. tourism and aquaculture can create new jobs in regional Australia. This will be Indigenous communities have an impor- Marine industries very important in regions where alterna- tant part in the development of inte- tive investment and employment oppor- grated approaches to the planning and Aus t r a l i a ’s marine industries have been tunities are limited. management of marine resources. There gr owing strongly over recent years. Th e y are several processes under way to iden- ar e highly export oriented and are major Australia is competitive by world stan- tify and agree upon indigenous peoples’ pr oviders of jobs, often in coastal commu- dards in many marine industries. Current interests in the oceans, including those strengths include the designing and relating to marine management and building of high speed aluminium ships conservation aspirations and responsibili- and ferries, offshore oil and gas, marine ties, fishing rights and continued access res e a r ch, tourism, environmental manage- to traditional marine resources. me n t , algal aquaculture, fish farming and fisheries management. The Torres Strait Treaty, entered into by Australia and Papua New Guinea in Growth in marine industries of eight per 1985, deals with sovereignty and cent per annum has been recorded in maritime boundaries in the Torres Strait, recent years. At the last major review it and provides for protection of the way of was estimated that our marine industries life and livelihood of traditional inhabi- might well be valued annually at between tants and the marine environment. The $50 billion and $85 billion by the year Treaty establishes the Seabed Jurisdiction 2020. and Fisheries Jurisdiction lines, with For ref e r ences and further details on recognition of Australian sovereignty Aus t r a l i a ’s marine industries, see the over fifteen islands or cays north of the Marine Ind u s t r y Dev elopment Stra t e g y 1997.

8 Australia’s Oceans Policy Seabed Jurisdiction line, including the The international and responsibilities to the limits of the inhabited islands of Boigu, Saibai and context continental shelf. The protection and Dauan. Traditional inhabitants of Torres ecologically sustainable management of Strait can engage in cross-border tradi- As a party to the United Nations the ocean on the basis of best available tional fishing, but are subject to the laws Convention on the Law of the Sea, scientific information are fundamental applying in the waters of the country Australia has sovereign rights to explore, responsibilities which came with those they visit. exploit, conserve and manage the natural sovereign rights. resources within the area of our Exclusive Economic Zone. We have further rights In meeting its national and international obligations as a claimant state to the Australian Antarctic Territory and adja- cent oceans, the Government’s objectives are to build a systematic knowledge of pollution and the conservation of whales, the Antarctic through strategic scientific dolphins and porpoises. research, to contribute to an under- As examples, international shipping is standing of global climate change, and to guaranteed freedom of navigation in protect and conserve the Antarctic envi- Australia’s EEZ. ronment. That will provide the capacity for greater national effectiveness in the We have maritime boundaries with five Antarctic Treaty System and in the areas other nations; Indonesia, Papua New covered by the Antarctic Treaty and the Guinea, the Solomon Islands, New Convention for the Conservation of Zealand and the French sub-antarctic Antarctic Marine Living Resources. and tropical territories. We have land boundaries in Antarctica with Norway, Australia recognises the importance of New Zealand and France. maintaining the Antarctic Treaty System as an effective mechanism for protecting For references and further details on the Antarctic Environment, pursuing Australia’s international obligations, see science and achieving all of Australia’s the Oceans Policy Background Paper 2. Antarctic policy objectives. Australia also has extensive obligations under other ocean-related conventions and cooperative arrangements dealing with matters including shipping, meteo- rology, fisheries, biological diversity,

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 req u i r es 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. • Na t u r al and human values should be integrated taking into account that, while biological diversity values must be recognised and in c o r p o r ated as a key part of planning and management proc e s s e s , human values will play a dominant role in decisions about ocean uses. 2 INTEGRATED AND ECOSYSTEM- BASED OCEANS PLANNING AND Regional Marine Planning – MANAGEMENT the way forward The Commonwealth’s commitment to The need for of the rest of the world in a spiral of Management of our oceans purely on an integrated and ecosystem-based planning integrated and marine resource degradation. industry-by-industry basis will not be and management will be implemented sustainable in the long run. Activities through the introduction of a major eco s y s t e m - b ase d The collapse of a number of major such as fishing, tourism, shipping, aqua- Regional Marine Planning process. The marine ecosystems and fisheries resources oceanS planning and culture, coastal development and petro- process will be designed to improve link- in the northern hemisphere, with the man a g e m e n t leum production must be collectively ages between different sectors and across associated economic damage and social managed to be compatible with each jurisdictions. Australia’s ocean ecosystems and their dislocation, is a stark warning of the other and with the ecological health of marine biological diversity are core vulnerability of marine systems. In Regional Marine Plans – based on large the oceans. national assets. If our use of them is well Australian waters, the degrading of our marine ecosystems – will integrate sectoral managed, they can meet a broad range of unique temperate seagrasses and serious With Aus t ra l i a ’s Oceans Pol i c y , the Gover n - co m m e r cial interests and conservat i o n economic, social and cultural aspirations. declines in stock of important commer- ment is introducing a refinement of the req u i r ements. In developing Reg i o n a l They also provide a range of essential cial fish species such as southern bluefin commitment to ecologically sustainable Marine Plans, the Commonwealth will environmental services that would be tuna, southern sharks, orange roughy and de v elopment. The Government is seek the participation of the relevant extremely costly or impossible to restore gemfish, show that we are not immune committed to integrated ecosystem-based States and Territories, to ensure, as far as or replace if ecosystem functioning was from such threats. planning and management for multiple possible, the integration of planning and impaired. uses of our oceans. This includes management across State and Common- The Commonwealth and all State and pursuing improved coordination between wealth waters. The broad Principles for Urban and infrastructure development in Territory Governments have made the States and the Commonwealth to Ecologically Sustainable Ocean Use that the coastal zone, together with the devel- commitments in the past under the ensure that jurisdictional boundaries do will be applied are given in Section 4, opment of marine industries, continue to National Strategy for Ecologically not hinder effective planning and with additional Policy Guidance in place increasing demands on our coast- Sustainable Development which are rele- management. Appendix 1. line and oceans. Past management prac- vant to the Oceans Policy (see box page tices have not allowed us to assess and 18). In applying that Strategy to our The Government recognises the need to ameliorate the cumulative impacts of our oceans, the emphasis to date has been on pr ovide for increased capacity to under- actions on ocean health and productivity. actions within the separate sectors, such stand our marine environments, throu g h as fisheries, petroleum, and protected in c r eased scientific effort. That under- If we were to continue without inte- areas. While progress has been made, standing is fundamental to the good grating our oceans planning and manage- until now management and decision management of our oceans and the prot e c - ment we could not be confident that making have not been integrated across tion of ecosystems and marine biological Australia would avoid following so much the various sectoral interests. di ve r s i t y .

11 Either singly or in combination, our Essential steps in • continually monitor the performance ocean and land-based uses must not planning and of ocean planning and management threaten ocean ecosystem health. The management processes; and objective is to manage our actions to: • maintain flexibility to respond to Prudent management of our ocean • ensure continuing marine ecosystem emerging information within this resources requires an orderly process of broad framework. health; oceans planning and management. The MARINE BIOLOGICAL • safeguard marine biological diversity; Government will establish planning and The governance mechanisms to imple- DIVERSITY • promote diverse, strong and sustain- management arrangements for our ment these integrated planning and ‘Marine biological diversity’ refers to able marine industries; oceans which are capable of accommo- management processes are detailed in the ‘variety of living organisms in the • provide increased certainty and long- dating the following steps, including Section 3 - Implementation Arrange- estuaries and oceans, their genes, and term security for all marine users; and developing a regionalisation of our ments for Oceans Planning and Manage- the ecosystems of which they form a • ensure the establishment of a represen- oceans based on large marine ecosystems, ment. part’ (Source: National Strategy for the tative system of marine protected areas. to underpin the preparation and imple- These mechanisms emphasise the role of Conservation of Australia’s Biological mentation of Regional Marine Plans. For In pursuing this, the Government will the National Oceans Ministerial Board in Diversity, 1996). accelerate the development of the Nat i o n a l each marine region we will need to: overseeing and approving Regional A marine ecosystem is a ‘dynamic Rep re s e n t a t i v e System of Marine Prot e c t e d • assess our ocean resources, on a Marine Plans, which will be developed complex of plant, animal and micro- Areas (NRSMPA). biogeographical basis; with the guidance of Regional Marine Plan Steering Committees of key non- organism communities and their non- Further information on ecosystem-based • understand the current uses of those living environment interacting as a management is at Appendix 3 and on the resources and the emerging pressures government and government stake- holders. functional unit’ (Source: Convention on NRSMPA and internationally recognised on them; Biological Diversity, June 1992). protected area categories at Appendix 4. • evaluate what is needed to maintain The content of All relevant agencies will be required to ecosystem health and integrity, and the abide by the outcomes of the Plans. In implications for sectoral activities and Regional Marine conservation reservation; de v elopment of each Regional Mar i n e developing the framework for Regional Plans Plan. Ext e n s i v e community consultation Marine Planning, the Government will • propose allocations of ocean resources, The development of Regional Marine will be undertaken, to ensure an open and consult with stakeholders on the need for delivered principally through existing Plans will provide a structured and tr a n s p a r ent proc e s s . and form of a statutory base for the responsible sectoral management orderly process for the ecosystem-based development and implementation of arrangements, using multiple use prin- Current jurisdictional boundaries do not allocation of resource access and use Regional Marine Planning. ciples to generate income and employ- reflect the boundaries of marine ecosys- across and within sectors. ment and to optimise long-term bene- tems. One of the goals of the Regional fits to the community; Key interest groups and gover n m e n t Marine Planning process will be to estab- • assess and control the external impacts agencies will be rep r esented on Ste e r i n g lish complementary management reg i m e s of proposed resource uses; Committees established to oversee the in both State and Commonwealth

12 Australia’s Oceans Policy waters. State Governments will therefore • put in place a planning regime to be invited and encouraged to participate prevent conflict between different in the process so that the Regional sectors over resource access and alloca- Marine Plans cover both Commonwealth tion; and State waters. • pr ovide a framewo r k within which there All Commonwealth agencies will be is increased certainty and long-term tools that can be drawn on in the devel o p - required to operate in accordance with security for marine-based industries; and ment of Regional Marine Plans include: the Plans. For each marine region the • establish indicators of sustainability Regional Marine Plan will, broadly: and requirements for monitoring, • de v elopment of clear regional objec- reporting and performance assessment. ti v es for uses, res o u r ces and ecosystems; • identify ocean resources and economic and other opportunities; Additional guidance on ecosystem-based • zoning for multiple or single uses, • identify current and emerging threats planning and management and on including sequential and seasonal uses; to ecosystem health and determine multiple use of the oceans is contained in • resource-specific allocations for access planning and management responses Appendices 1 and 3. and use, through the existing respon- sible sectoral management arrange- to those threats; Effective planning and management for ments; • within the region, set out what is known multiple ocean uses and the maintenance of ecosystem characteristics and a broa d of ocean ecosystem health requires inte- • complementary planning and manage- set of objectives for those systems; gration across economic, environmental ment requirements implemented by individual sectors; • identify the requirements and priori- and social and cultural objectives. ties for environmental baseline and • outcome-based measures, with industry The Regional Marine Plans will have to or user-determined mechanisms for basic biological inventory and other draw on available environmental, surveys in the development of implementation; and resource and economic and social infor- • sustainability indicators, monitoring, Regional Marine Plans; mation. They must be able to provide the • identify priorities and put in place reporting and adaptive development of increased security required by industry management controls. measures to meet conservation require- and other users and the capacity to ments and determine those areas that respond adaptively to new information, These planning and management tools should be assessed for marine to new opportunities, and to unforseen can be used singly or in combination. protected area declaration; impacts on ocean systems. Regional Marine Plans will be developed • identify community and sectoral inter- to accommodate the different circum- ests, including the interests of Abo r i g i n a l We will need to develop innovat i v e stances that will apply amongst and Tor r es Strait Islander communities; ap p r oaches to deal with the scale and Australia’s very diverse regional marine complexity of our marine ecosystems. • identify priorities for industry and environments. Existing major planning and management economic development of the region;

2. Integrated ocean planning and management 13 Oceans Planning and Management: Key National Elements for Australia 3 Implementation ARRANGEMENTS FOR OCEANs Australia’s positions in international marine and oceans forums; PLANNING AND MANAGEMENT • establish the National Oceans Advi- sory Group as a non-government consultative and advisory body; and Implementation National Oceans Ministerial marine issues relating to national ARRANGEMENTS FOR Board oceans policy implementation and • guide the actions of the National THE OCEANS regional marine planning, having Oceans Office, through the Chair. A National Oceans Ministerial Board will regard to the existing priorities and Aus t r a l i a ’s Oceans Policy will be imple- be established. It will include the programmes within Commonwealth National Oceans Advisory mented through institutional arrange- Commonwealth Ministers responsible agencies; Group for the environment (Chair), industry, ments which emphasise ministerial The National Oceans Advisory Group res p o n s i b i l i t y , consultation and stake- resources, fisheries, science, tourism and • consider marine research priorities shipping. It will be able to co-opt other related to development and implemen- will be comprised predominantly of holder participation and wel l - c o o rd i n a t e d members with non-government interests, go vernment support. ministers as necessary, including for tation of Australia’s Oceans Policy; example defence and foreign affairs. such as industry, science and conserva- • promote strategic coordination across tion, selected for expertise in oceans Key Elements The principal responsibility of the Board the agencies responsible for the devel- issues. The Advisory Group will be estab- • National Oceans Ministerial Board will be to oversee the Regional Marine opment and representation of lished by and report to the National Planning process. The Board will develop • National Oceans Adv i s o r y Grou p the scope and timetable for Regional • National Oceans Office Marine Plans and ultimately approve each Plan. • Regional Marine Plan Steering Committees The Board will also: • have primary responsibility for the These Commonwealth arrangements implementation and further develop- have been framed with a view to encour- ment of Australia’s Oceans Policy; aging the cooperation and participation of the States and Territories, coordinated • coordinate cross-sectoral oceans policy through the Australian and New Zea l a n d issues relating to Commonwealth Env i r onment and Conservation Council waters, jurisdiction and obligations; and the development of Regional Marine • consult on the coordination of priori- Plans. ties for programme expenditure on

15 National Oceans Office • support the Australian and New A National Oceans Office will be estab- Zealand Environment and Conser- lished to support the National Oceans vation Council (ANZECC) in its Ministerial Board, the National Advisory consideration of matters related to the Committee and Regional Marine Plan development and implementation of Steering Committees. It will provide oceans policy; secretariat and technical support and • act as the main administrative coordi- programme delivery, in consultation with nation point between the Common- other Commonwealth agencies. It will wealth, States and Territories on oceans assist the Board in the implementation policy implementation, including the and further development of Australia’s involvement of relevant State and Oceans Policy. The Office will report to Territory agencies in the development the National Oceans Ministerial Board and implementation of Regional Oceans Ministerial Board, which will and will be housed in Environment Marine Plans; and Australia. agree its agenda and work programme. • coordinate and distribute information The National Oceans Advisory Group By reference from and under the direc- on oceans policy implementation and will: tion of the National Oceans Ministerial regional marine planning matters to • work through and advise the Board on Board, the National Oceans Office will all stakeholders, cross-sectoral and cross-jurisdictional undertake a range of functions, including those to: • provide advice to the Ministerial Board oceans issues, focussing on gaps, over- on marine research priorities related to laps and priorities and examining • support the National Oceans Ministe- development of th e Oceans Policy. matters such as integration issues and rial Board and the National Oceans ecosystem-based planning and manage- Advisory Group; Regional Marine Plan Steering ment; • support Regional Marine Plan Steering Committees • advise on the scope and effectiveness of Committees and coordinate the devel- Regional Marine Plan Steering Commit- the Regional Marine Planning process; opment of Regional Marine Plans. tees, including key non-government and • be a forum for exchanging information The Plans will be put to the National government stakeholders, will be estab- and views between the various ocean Oceans Ministerial Board for consider- lished by the National Oceans Ministe- sectors; and ation and endorsement; rial Board. The Steering Committees will oversee development of Regional Marine • be supported by the National Oceans • co o r dinate the overall implementation Plans, working closely with the National Office. and further development of the Oce a n s Oceans Office and report to the Board. Policy;

16 Australia’s Oceans Policy State and Territory governments and In addition to this general coordination community consultation, incorpora- agencies will be encouraged to participate role proposed by the Government, tion of concern for ecosystem impacts, on the Steering Committees where they ANZECC has agreed that it has a partic- and developments required by new are involved in Regional Marine Plans. ular role in pursuing cross-jurisdictional industries and changing technological policy development and implementation capacities. Commonwealth-State for a range of oceans policy issues. These •Institutional arrangements will reflect Cooperation include marine biological diversity the need for stability in the investment The Government will propose that conservation, marine protected areas, climate and minimum necessary the Australian and New Zealand Envi- achieving ecologically sustainable ocean compliance costs for ecologically ronment and Conservation Council be resource use, ecosystem-based oceans sustainable marine industries. the coordination forum for Common- planning and management and marine • The Offshore Constitutional Settle- wealth-State consultations on the imple- pollution. ANZECC has also agreed that ment remains the basis for the mentation of Australia’s Oceans Policy. In it will take on the responsibility for management of specific sectors across working through ANZECC the overall reporting on the cross-jurisdic- jurisdictional boundaries. However, Commonwealth Government will tional aspects of the environment and consideration will be given to adminis- emphasise the need to accommodate the conservation performance of Australia’s trative changes that may be needed so interests of all sectors, noting that the Oceans Policy. that the full range of cross-jurisdic- Council of Australian Governments The implementation arrangements tional issues can be addressed effec- protocol on the operation of Ministerial described above recognise the following. tively in implementing the Regional Councils requires representatives to take Marine Planning processes. whole-of-government positions to •Existing sectoral management arrange- Council meetings. ments will remain. Integrating ocean planning and management across all When developing the framework for sectors should provide an additional Regional Marine Plans, the Common- impetus for improving sectoral wealth will work through ANZECC to management. ensure the integration of planning across dictional consultations on oceans policy •Management arrangements for some State and Commonwealth waters. Other which take place through ANZECC. resource sectors have been significantly relevant Commonwealth-State ministe- modified in recent years to take Members of the National Ministerial rial councils, such as those with responsi- account of commitments to wider bilities for transport, fisheries and Oceans Board who are also members of minerals, will continue to maintain their relevant Commonwealth/State ministe- sectoral responsibilities. They will be rial councils will ensure that linkages are expected to accommodate the cross-juris- made on issues of mutual interest.

3. Implementation arrangements 17 E E E E E E E E 130 135 110 E 125 140 120 145 E 115 150 E 155 -10 S 160

-15 S

-20 S

-25 S THE NATIONAL STRATEGY -30 S FOR ECOLOGICALLY SUSTAINABLE -35 S DEVELOPMENT

The goal of Australia’s National -40 S Strategy for Ecologically Sustainable Development is ‘development that -45 S 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.

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)

18 Australia’s Oceans Policy 4 PRINCIPLES FOR ECOLOGICALLY SUSTAINABLE OCEAN USE • The processes for assessing, planning, allocating and managing the ocean resources should: The national Principles for •Economic, environmental, social and - be easily understood and openly policy context ecologically cultural aspirations are to be accom- justified; modated through integrated planning The institutional arrangements for ocean sustainable ocean - be certain; and management of multiple uses of - have clear lines of accountability; planning and management outlined in use ocean resources. Section 3 will be expected to abide by the - pr ovide for equity within and betwee n The following principles should be •Management of human activities that policy guidance contained in this section generations; applied to all decisions and actions affect our oceans will require progres- and Appendix 1. - be designed to deliver outcomes affecting access to and use of Australia’s sive improvement in our under- that balance long and short-term The vision and goals for Australia’s marine jurisdictions and adjacent waters, standing of living and non-living economic, environmental, social and Oceans Policy are consistent with a range and the associated resource base. They ocean resources and processes. cultural considerations; of related national policies and agree- should be considered together, recog- •Ocean planning and management - in vo l v e the minimum effective reg u - ments, including: nising that ocean ecosystem health and decisions should be based on the best la t o r y burden on ocean users req u i re d integrity is fundamental to ecologically available scientific and other informa- • the National Strategy for Ecologically to meet economic, environmental, sustainable development. tion, recognising that information Sustainable Development (1992); cultural and social objectives; regarding ocean resources will often be • the National Strategy for the Conserva- • The maintenance of healthy and limited. - en s u r e cooperation and coordi n a t i o n tion of Australia’s Biological Diversity pro d u c t i v e marine ecosystems is funda- be t w een governments and acros s the •If the potential impact of an action is (1996); and mental to the management of both the sectors which use the oceans; and oceans and of the land. of concern, priority should be given to • the Intergovernmental Agreement on the maintaining ecosystem health and - take into account wider interests and • The benefits from the use of Australia’s Environment and the Heads of Agree- integrity. ensure effective community involve- ment on Roles and Responsibilities common ocean resources, and the ment. (1998). responsibilities for their continued •Incomplete information should not be used as a reason for postponing Appendix 1 contains detailed Policy Australia’s Oceans Policy has been devel- health and productivity, should be shared by all Australians. precautionary measures intended to Guidance that is to be used by managers oped within the context of these national prevent serious or irreversible environ- •Internationally competitive and in implementing and reporting on plan- policies. mental degradation of the oceans. ecologically sustainable marine indus- ning and management arrangements for tries are essential for wealth generation, Australia’s oceans. employment and continued regional development.

19

5 implementing Australia’s Oceans Policy - some key initial actions

Australia’s Oceans Policy takes a substan- marine species protection. Other Natural the conservation and ecologically sustain- Regional marine planning for tial step towards caring for, under- Heritage Trust funded programmes such able use of our oceans identified during the south-eastern region of standing and using our oceans wisely. as Landcare, Bushcare, Waterwatch and development of the Policy. Australia’s EEZ the Endangered Species Program are also The following measures provide a solid The actions and initiatives set out below helping to achieve Oceans Policy goals. The Government will implement basis for translating the principles of the will support the central themes of this ecosystem-based management for our policy into action, and for the long-term Industry has already begun to move Policy and address sector specific issues. oceans through the development of ecological health and continued towards sustainable use of ocean Regional Marine Plans (detailed in economic development of our marine resources, minimising the environmental INTEGRATED OCEAN Section 2). jurisdiction. They also provide the impacts of sectoral activities. Australia’s building blocks for effective national Oceans Policy continues to emphasise PLANNING AND Regional Marine Plans will be based on integration across jurisdictional bound- individual sectoral management respon- MANAGEMENT large marine ecosystems. They will main- aries. sibilities and stewardship to achieve our tain ecosystem heath and integrity while vision for the oceans. New institutional arrangements promoting multiple use of our oceans by The Government will provide The new institutional arrangements for integrating sectoral commercial interests $50 million over three years for the It is important to note that the actions the Oceans Policy comprise the National and conservation requirements. implementation of these initiatives. described in this section are not exhaus- Oceans Ministerial Board, the National tive. The accompanying document, The Government believes it is important The initiatives complement a broad Oceans Advisory Group and the Australia’s Oceans Policy - Specific Sectoral that early progress is made on integrated range of Government programmes and National Oceans Office and Regional Measures outlines the range of actions planning and management of an impor- activities already addressing many of the Marine Plan Steering Committees. The necessary to address the implementation tant oceans region to demonstrate the issues identified in this Policy. functions of these bodies and their link- of this Policy in and across the oceans benefits of the approach more generally. ages are detailed in Section 4. For example, Coasts and Clean Seas sectors. The first Regional Marine Plan will be programmes under the Natural Heritage The National Oceans Office will be developed for the south-eastern region of Trust are providing record levels of charged with developing a detailed and Australia’s EEZ. Its boundaries will be funding to address major issues such as auditable implementation schedule, determined by the National Oceans land-based sources of marine pollution, which will be finalised within six months Ministerial Board, but on available infor- introduced marine pests, coastal degrada- of the release of this Policy. This will mation the Plan is likely to include the tion, fish habitat rehabilitation and address the actions as necessary to ensure Commonwealth waters off the south east of South Australia, Tasmania, (including

21 Macquarie Island), Victoria and south- National marine resource eastern New South Wales. surveys, sustainability This south-eastern region encompasses indicators and monitoring some 12-15% of the national coastline; Our limited national capacity to collect involves the jurisdictions of the marine information has affected not only Commonwealth and four states; and it our understanding of processes and our has more than 50 per cent of the national kn o wledge of the basic res o u r ce base, but population in the adjacent coastal lands. also our capacity to identify and assess The area also contains major marine individual and cumulative impacts from industries such as tourism, fisheries, aqua- ocean uses. The Government is committed cu l t u r e, offshore petroleum and sea trans- to improving the understanding of ocean port which are essential to the regional sy s t e m s . and national economies. •Funds will be provided to support The development of Regional Marine rapid assessments of the biological Plans will involve undertaking regional resources of Australia’s oceans. The resource assessments of marine areas, resulting information base will including consideration of current and underpin effective regional integration possible uses, and proposals for broad for planning and management, cross-sectoral priorities and resource allo- including core components such as the cations among the sectoral uses. National Representative System of Marine Protected Ar eas. These assess- The Commonwealth will seek the coop- ments will also benefit industry by eration and participation of the pr oviding information on potential new Tasmanian, South Australian, Victorian res o u r ces such as deepwater fisheries and and New South Wales governments to ph a r m a c e u t i c a l s . ensure, as far as possible, the integration of planning and management in the south-eastern region.

22 Australia’s Oceans Policy • A series of indicators of ocean environ- National Representative System Great Barrier Reef Marine Park mental health and integrity will be of Marine Protected Areas The Great Barrier Reef is one of developed. These can also serve as indi- Australia’s best known natural wonders. cators of the sustainability of ocean The Government is committed to accel- erating the development of the National The Government has placed a high uses for ocean planning and manage- priority on improving its management ment purposes. Resources will also be Representative System of Marine Protected Areas. It is essential that the and protection through the Great Barrier provided for increasing the level of Reef Marine Park Authority. assessment of the environmental NRSMPA is established as quickly as impacts of commercial and recre- possible both for conservation purposes The Government will: ational activities and for monitoring and to give regional security for industry access to ocean resources. • add to the Great Barrier Reef Marine and performance assessment of Park further areas in the Great Barrier Australia’s Oceans Policy. •Additional funding will be provided Reef Region which are not yet in the to: Park; CONSERVATION OF - accelerate the declaration and • increase surveillance and enforcement MARINE BIOLOG IC A L management of marine protected measures in the Great Barrier Reef; areas in Commonwealth waters, • implement a policy requiring the use DIVERSITY including the declaration of five new of bycatch reduction devices and turtle parks now under assessment; Our seas include an amazing variety of excluder devices in the Great Barrier plants and animals which all contribute - refine tools for identification and Reef World Heritage Area by 31 towards Australia’s rich marine biological selection of marine protected areas; March 2000; and diversity. Australia is the only developed - develop partnerships with key stake- • complete a review of existing protec- nation which has been described as holders to assist in the implementa- tive arrangements to ensure appro- ‘mega-diverse’. Our relative isolation tion of the NRSMPA; and priate levels of protection for all means that an unusually large proportion - develop performance measures for habitat types within the Great Barrier of our marine fauna and flora is unique the NRSMPA. Reef World Heritage Area. to Australian waters, especially in our cooler temperate areas. As far as possible, future representative marine protected area proposals under Conservation of our marine biological the Commonwealth’s NRSMPA pro- diversity is an important goal of the gramme will be developed as part of the Government which will be achieved Regional Marine Planning process. Areas through a variety of means. of known outstanding conservation significance will, however, continue to be assessed for protection in accordance with the existing processes.

5. Implementing Australia’s Oceans Policy 23 Marine Species Protection defining specialised criteria for the Protection for matters of Protection of Australia’s native fauna and assessment of the conservation status national environmental flora, especially our endangered species of marine biota; and significance • recognise in legislation for the first has been an important commitment of The Environment Protection and Biodi- the Government. time, ‘co n s e r vation dependent’ species and vulnerable ecological communities. versity Conservation Bill before Parlia- The Government will: ment identifies the marine environment Whales as one of a range of matters of national • nominate the Great White Shark for environmental significance. This is international protection; Australia has been a world leader in the protection of whales. The Government consistent with the Council of Australian • within two years, introduce regulations Governments’ Heads of Agreement on on access to genetic resources in has a strong commitment to protecting whales which it has vigorously pursued. Roles and Responsibilities for the Envi- Commonwealth waters; ronment. • ensure that recovery plans for all The Government will: threatened marine species and commu- •With limited exceptions, all actions • nominate for international prot e c t i o n nities will be required, even if they do and decisions which may have a signif- under the Convention on Conservat i o n not occur in Commonwealth waters; icant impact on Commonwealth of Mig r a t o r y Species of Wild Animals marine areas, or which take place • provide for regulations to be made 1979 (the Bonn Convention) all within Commonwealth marine areas dolphins and porpoises inhabiting and may have a significant impact on Australian waters which meet the rel e - the environment, will be subject to the vant criteria; environment protection procedures • strengthen protection for whales by under the new legislation. legislating to create the Australian The Environment Protection and Biodi- Whale Sanctuary and to ban capture versity Conservation Bill also provides for for live display; strategic assessments of the impacts of • continue to pursue an international actions arising from policies, plans and ban on commercial whaling; and programmes, allowing for recommenda- • promote the establishment of a South tions from the Minister for the Environ- Pacific Whale Sanctuary to comple- ment and Heritage and subsequent ment the Southern Ocean Whale endorsement of the policies, plans and Sanctuary and as an important step programmes by the Minister. towards a Global Whale Sanctuary.

24 Australia’s Oceans Policy • The Government will, as appropriate, viability of fishing operations and marine The Government recognises that recre- use strategic environmental assessment species populations. ational, charter and commercial fishing as a key mechanism in the develop- often compete for the same resources. Measures to remove excess capacity from ment, endorsement and implementa- The management of these activities must Australian domestic fisheries will tion of Regional Marine Plans. be integrated to reflect that fact. continue to be pursued so that fishing effort does not exceed ecologically • As an important aspect of the • The Government will continue to OCEAN USES AND sustainable levels. ecosystem-based approach, the proce- support the development of a compre- IMPACTS dures for integrated regional planning hensive aquaculture industry policy The adoption of self-funded adjustment and management will include mecha- framework, including regulatory strategies implemented through a range Progress has been made in developing nisms for resolving questions of guidelines and co-management strate- of economic incentives for those fisheries ecologically sustainable industry sectors resource allocation between these gies. identified as needing adjustment will be which contribute to the economic and fishing sectors. social well being of Australia. addressed. • The Government will also appoint a Bycatch In addition to the increased certainty, The Government will: gamefishers’ representative to the Bycatch reduction is a key area for action long-term security and new opportuni- by governments and the fishing industry. • carry out an industry development Eastern Tuna and Billfish Fishery ties for economic growth that will arise as It is essential to implement an ecosystem- programme in 1999 in the southern Management Advisory Committee. a result of the Regional Marine Planning based approach to fisheries management. shark fishery to make the industry • The Government will also conduct a process, the Government will foster more viable while protecting the envi- $1.8 million National Recreational • The Government will finalise and industry-generated development and ronment; Fishing Survey to assist in better implement a Commonwealth Fisheries progress within the sectors. • establish a government-industry work- management of both the recreational Bycatch Policy. and commercial fishing sectors. Fisheries and Aquaculture ing group to look at options for an •Fundamental to the Bycatch Policy’s industry development programme in Aquaculture has great potential to implementation will be the develop- Management the southeast non-trawl fishery; develop further export markets for high ment of fisheries specific action plans, Catches in well managed fisheries are • through the Competition Policy value products and contribute to regional including the formal incorporation of sustainable in the long term. Australia’s Review carry out a comprehensive development opportunities. Bycatch Action Plans in Common- commercial fisheries management is well review of our fisheries laws and regula- wealth fisheries management arrange- Site selection, waste management, disease regarded internationally. The Australian tions by July 1999 to streamline proce- ments. and pest control, and feedstock sourcing Fisheries Management Authority has the dures and minimise compliance costs • A National Bycatch Policy will also be are emerging as critical challenges in the lead in developing co-management for small businesses; and developed, drawing on the develop- industry’s long term sustainability. In arrangements for ecologically sustainable ment of the Commonwealth Policy. • continue the existing cost recovery some cases, the development of aquacul- fisheries. However over capacity and policy for fisheries and not impose ture enterprises has sparked considerable The Government recognises the impor- excess effort in some fisheries has led to resource rent on the industry. community opposition. tance of educating the fishing commu- overfishing and a reduction in the nity about environmental issues and the

5. Implementing Australia’s Oceans Policy 25 applicability of bycatch reduction Environmental impact do not have a management plan. Th e su r veys and analysis, and improved devices. Most fishers recognise their envi- assessment Env i r onment Protection and Bio d i ve r s i t y access to public exploration data lodged ronmental responsibilities and, with the Th e r e can be significant environ m e n t a l Co n s e r vation Bill, cu r re n t l y be f o r e the under legislative req u i re m e n t s . right advice and support, implement effects on sea floor communities and on Parliament, will be the vehicle for this. • The Government will spend an addi- environmentally sound fishing practices. ju v enile fish from trawling and scallop • The Government will remove the tional $33 million over four years to • The Government is providing $700,000 dr edging. Together with the impacts of current blanket exemption of marine help identify new offshore oil zones in to assist the establishment of a network over fishing, there is sufficient community species from wildlife export controls to Australia’s Exclusive Economic Zone, of fisheries officers which will prom o t e concern reg a r ding the sustainability of ensure exemptions are available only including the southern continental en v i r onmentally sound fishing practices. fisheries to warrant a strategic approach for marine species harvested in accor- margin of the Great Australian Bight. dance with sustainable and ecologi- This is in support of a joint initiative by to demonstrating that fisheries will be The Petroleum (Submerged Lands) Act cally-based management arrange- the Australian Seafood Ind u s t r y managed sustainably. 1967 is the primary legislation for the ments. Council, Oceanwatch and the • The Government will underta k e administration of Australia’s offshore Australian Marine Conservation Soc i e t y . strategic environmental impact assess- Offshore petroleum and petroleum resources. The Act is over • The Government will implement the 30 years old and has become complex ments of all new management plans for minerals Threat Abatement Plan to reduce the Co m m o n w ealth fisheries, and, within a and unwieldy. impact of fishing on seabirds. fi v e year period, all those fisheries that Offshore petroleum is a major economic use of Australia’s marine environment. • The Commonwealth Government will The offshore minerals industry is in a rewrite the Act to reduce compliance very early stage of development with costs for government and the industry limited knowledge of offshore resources. while maintaining a high level of envi- ronmental protection. Future growth in use of offshore minerals and petroleum will be influenced by the The industry’s environmental record has availability of capital for high risk invest- been exemplary in Australia. ments and the long lead times to full •To help maintain this reputation, the development. Government is developing objective- •Accordingly, the Government will based environment protection regula- continue to improve petroleum tions for the industry. offshore strategies to maintain relevant • To encourage increased cooperation and effective access to exploration with the offshore petroleum industry in acreage. the development of joint approa c h e s • The Government will also improve for the protection of marine habitats in Aus t r a l i a ’s international inves t m e n t ar eas under existing leases, the Gover n - at t r a c t i v eness through continued inves t - ment will rem o ve the existing legisla- ment in pre- c o m p e t i t i v e geoscientific ti v e constraint on the establishment of

26 Australia’s Oceans Policy marine protected areas where there are Our international economic competitive- pr e-existing leases, recognising the need ness requires that we be in step with for cooperative action without compro- international approaches to shipping mising pre-existing rights. regulation. At the same time our marine environment is relatively unpolluted in Shipping comparison with many of our trading partners and so it is more vulnerable to Shipbuilding Industry pollution. Australia’s commercial shipbuilding industry has emerged from a period of •For this reason Australia will continue ballast water extensive restructuring. It is entrepre- to take a leadership role in the Interna- •AQIS will accelerate the development neurial, aggressive, innovative and tional Maritime Organization (IMO) of decision support systems for the extremely successful in international to develop and promote a strong management of ballast water and markets. More than 90% of the international regulatory framework for associated treatment and testing tech- industry’s output is exported. ship safety and the prevention of pollu- niques to minimise marine pest incur- tion. sions. • The Commonwealth Government will introduce a new Ships Bounty Scheme Ballast water Marine pests incursion and a Shipbuilding Innovation Scheme Ballast water is a major source of harmful management at a cost of around $68.8 million over marine pests. As a consequence of lack of In recent years there has been growing four years. The Schemes will lay the effective ballast water treatment and concern over the potentially devastating basis for many new jobs in ship- testing techniques, and the current impacts of aquatic pests and the lack of a building and related industries. voluntary code of national and interna- nationally coordinated response capa- tional ballast water control, Australia is bility to address aquatic pest outbreaks. National management and exposed to a high risk of further devas- regulatory framework At least 170 species of exotic marine tating pest introductions. organisms have been translocated into Australia’s economy is absolutely depen- Australian waters. dent on shipping. About 97 per cent of To address ballast water effectively, the volume of our trade is carried by Australia requires a single national While an interim ready response capa- ships, with about 95 per cent of that management regime that applies to both bility is being developed with funding carried by foreign flagged vessels. Commonwealth and State waters fr om the Coasts and Clean Sea s in i t i a t i ve , a more durable nationally coordi n a t e d • The Government will continue to • The Government will support the Australian Quarantine Inspection and fully functional incursion res p o n s e promote shipping, waterfront and system for marine pests is req u i re d . regulatory reforms to ensure that Service (AQIS) in developing a single access to efficient and competitive national management regime for • The Government will provide funding shipping services is maintained.

5. Implementing Australia’s Oceans Policy 27 to assist in the establishment of a Marine Pollution protection when they come into contact comprehensive introduced marine pest with estuarine and marine waters areas incursion management system to Marine and Estuarine Water which are used for recreation. minimise potential damage to both the Quality Standards • The Government will support the environment and marine industries. The decline in marine and estuarine development of national marine and This system will be developed in coop- water quality is regarded as one of the estuarine water quality standards eration with the States and Territory most serious threats to Australia’s marine through the National Environment Governments through the Australian and coastal environments. The manage- Protection Council. and New Zealand Environment and ment of marine and estuarine water Conservation Council. quality should be part of the integrated Improving treatment of sewage planning and management of our marine and stormwater Tributyltin (TBT) Anti-Fouling resources, including the maintenance of Paint environmental and natural resource We are an urban nation with our full TBT is a highly toxic biocide used in the values. share of environmental problems. Urban- shipping industry to prevent marine isation in Australia and population organisms attaching themselves to ship’s The joint Commonwea l t h - St a t e - Te r r i t o r y growth pose challenges that need to be hulls. National Env i r onment Prot e c t i o n managed by governments and the Council (NEPC) has been considering community if we are to maintain our There has been increasing international the development of a National Env i ro n - quality of life. pressure to phase out the use of toxic ment Protection Mea s u r e (NEPM) for organotin compounds in antifouling ambient marine and estuarine water Sewage and stormwater pollution of paints. qu a l i t y . This could include mandatory Australia’s beaches and coastlines, partic- st a n d a r ds, goals, guidelines and prot o c o l s . ularly near urban centres, is of concern to • The Government will support the all Australians. International Maritime Organization States and Territories would implement and will: the NEPM within the context of their Effective protection of our marine waters –promote the introduction of a global own reg u l a t o r y and management will involve attacking the problem of ban on TBT; and ap p ro a c h e s . sewage and stormwater at source as well –ban the use of TBT by 2006 on The Government believes that a NEPM as taking regulatory and ameliorative vessels being repainted in Australian for marine and estuarine water quality measures. docks unless the IMO sets an earlier should be developed as a matter of For the first time, the Commonwealth is date for such a ban, in which case priority. The community has a right to making a substantial financial contribu- Australia will ensure it complies with expect that nationally consistent bacterial tion to improve the treatment of sewa g e any such arrangement, noting standards for ambient water quality will and stormwater through the $125 million Defence operational requirements. be developed and applied for their Coasts and Cleans Sea s in i t i a t i ve s .

28 Australia’s Oceans Policy • The Government will continue to provide support for such improve- ments through Coasts and Cleans Seas. Acid sulfate soils rehabilitation Extensive agricultural, residential and tourism development activities along the coastal strip have led to disturbance and increased exposure of acid sulfate soils. This has resulting in a reduction in inshore water quality, habitat degrada- tion and loss of biodiversity. • The Government will work with the States to develop and finalise the action plan for the implementation of the National Strategy on Acid Sulfate Soils. Over the next decade the industry is and enhancing the natural environ- The Government has recognised the likely to continue its growth, generating ment; and importance of encouraging a wider • The Government will provide financial substantial export earnings and employ- • continue to ensure that, within the dispersal of tourism around Australia. support for demonstration projects to ment opportunities. context of precautionary management The economic benefits of spreading illustrate the options available to the tourism beyond the major gateways are The implementation of the Regional and the priority of protecting world community and governments in considerable and there is significant Marine Planning process will assist the heritage values, access and capacity handling areas which are prone to acid potential for growth in many regions, industry in planning and managing its limitations on tourist operators in sulfate soil problems that result in World Heritage Areas are in accor- including those on the coast. damage to coastal marine resources. expansion. It will also enhance security of access to high quality environmental dance with management plans and • The Government is considering that operators have the level of Marine Tourism resources while ensuring that their envi- increased funding for regional tourism ronmental values are not degraded. certainty and tenure required to by expanding the Regional Tourism Australia’s tourism industry relies heavily develop operations of high environ- Program. Much of the Program will be The Government will: on our extensive and diverse coastline mental quality. directed towards ‘hard’ infrastructure and marine environments for its interna- • continue to promote the development The Government recognises the vital such as interpretive centres and ‘soft’ tional competitiveness. The industry also of an environmentally sustainable importance of the promotion of Australia infrastructure such as skills develop- has an important role in the stewardship tourism industry; to overseas markets. New areas to be ment and training. of many unique and fragile environ- • assist and encourage the industry with targeted will include adventure travel and mental and tourism resources. research directed towards maintaining cruise shipping.

5. Implementing Australia’s Oceans Policy 29 • The Government will continue to national consultative mechanism, such support the community’s involvement as an annual forum. in coastal and marine management by In the context of developing integrated maintaining funding for the Marine ocean planning and management and Coastal Community Network and processes, the Government will seek to support for Coastcare and other facili- ensure that: tators. • traditional conservation and use prac- Aboriginal and Torres Strait tices are valued; Islander communities • that the reliance by many coastal The social, cultural and economic rela- indigenous communities on marine tionships that many Aboriginal and resources is treated as an important Torres Strait Islander communities have ocean use; and with the ocean environment means they • that indigenous communities are given have established interests in the use, every opportunity to take up commer- conservation and management of cial activities related to the oceans. Australia’s oceans. The Government will continue to work National moorings programme National Oceans Forum The Government will ensure that where with indigenous communities to estab- Damage from boat anchors and inappro- • The Government will hold a National there are specific Aboriginal and Torres lish indigenous protected areas and to priately designed moorings is a serious Oceans Forum in 1999 to promote the Strait issues under discussion, the support Aboriginal and Torres Strait environmental issue in popular marine implementation of Australia’s Oceans Minister responsible is able to carry those Islander training and employment in and coastal areas. Corals and seagrasses, Policy. A broad national cross-section to the National Oceans Ministerial jointly managed parks. which are already at risk from a variety of of those with a stake in the manage- Board. The Government will also : threats, are particularly vulnerable. ment of our oceans will participate. UNDERSTANDING THE The Forum will have the opportunity • provide for Aboriginal and Torres • The Government will provide funding to meet with members of the National Strait Islander representation on the OCEANS to establish well-designed moorings in Oceans Ministerial Board. National Oceans Advisory Group and particularly sensitive areas. Australia’s Oceans Policy, the Marine on Regional Marine Plan Steering Science and Technology Plan and the Community Networks Committees; Marine Industry Development Strategy Community Community invol v ement in coastal and • provide for Aboriginal and Torres highlight the need for greater knowledge Participation marine management has been enhanced Strait Islander participation at the and scientific understanding of marine National Oceans Forum; and ecosystems and resources to underpin Community participation is a key to th r ough Coastcare and fisheries extension pr ogrammes and the Marine and Coastal • consult with peak indigenous groups their conservation and sustainable use. promoting and instituting a duty of care on the requirements for establishing a for the marine environment. Community Net w o r k, which operate in both urban and regional centres .

30 Australia’s Oceans Policy • The Government will assist in the which influence our environ m e n t , such as pollution prevention, fisheries Antarctic does not affect our ability to establishment of a new marine science ec o n o m y , cultural and social fabric. Th e management and marine protected police illegal fishing off northern research and teaching centre at Coffs de v elopment, implementation and rev i e w areas. Australia. Harbour. of Regional Marine Plans will also req u i r e •Recognising the direct interactions • The Government will amend the fish- a sound understanding of ocean systems. that will be required with New Marine research needs to be well coordi- eries laws to make surveillance and Zealand on a range of oceans manage- nated to make the most effective use of • The Government will promote and enforcement of foreign fishing more ment issues in the Tasman Sea and the available resources. Stronger linkages support the Australian, Pacific and effective. Southern Ocean, the Government between scientists, industry and environ- Global Oceans Observing Systems as • The Government will continue its proposes to work with New Zealand mental managers in setting priorities and mechanisms to develop the oceans- multilateral and bilateral activities to to: goals for marine science is critical to inte- related data capture and exchange reduce incursions into Australian - develop, through ANZECC, a trans- grated ocean planning and management. necessary for improving prediction and waters. Tasman understanding on oceans management. • The Government will also examine • The National Oceans Ministerial plannning and management; and complementary actions and possible Board will consider Government prior- • The Government will support the - examine with the New Zealand alternatives to traditional surveillance ities for publicly funded marine establishment and operation of a Government a possible role in the and enforcement such as trade certifi- research related to the implementation Regional Office of the International development of the Regional Marine cation and restriction for fisheries of the Oceans Policy. A major driver of Oceanographic Commission in Perth, Plan for the southeastern region of resources. these priorities will be the develop- Western Australia. Australia’s EEZ in relation to issues of ment and implementation of Regional joint interest. ASSESSING Marine Plans. PROTECTING THE Surveillance and enforcement EFFECTIVENESS • The National Oceans Office will NATIONAL INTERESTs provide advice to the Ministerial Board Effective surveillance and enforcement Performance assessment is an integral on marine research priorities relevant Regional development of within Australia’s marine jurisdiction is part of the Policy to ensure that the iden- to the Oceans Policy and ensure that Oceans Policy fundamental to protecting our national tified strategic directions and specific the marine research agencies are kept interests and the Government will actions contribute effectively towards the Given the dynamic nature of the marine informed of the Government’s continue its assertion of our sovereign achievement of the Policy’s goals. emerging priorities. environment, effective implementation interests in this area. of the Oceans Policy requires cooperation • An initial review of progress in Kn o wledge of the natural variability of with our immediate neighbours and • The Government will provi d e implementation of the Policy will be the oceans is essential for many marine other countries in our region. in c r eased support for the established undertaken within two years. activities, from ship routing to rec re a t i o n . civil patrols in our sub-Antarctic waters • Comprehensive reviews of the effec- The most well known of these is the • The Government will cooperate with to deter illegal fishing. tiveness of the Policy will be El Niñ o - S outhern Oscillation effect. Suc h our maritime neighbours to address • The Government will employ more undertaken at least every five years. kn o wledge is also essential to our under- transboundary impacts and improve fisheries officers to make sure the standing of the major global changes regional cooperation on ocean issues increased emphasis on the sub-

5. Implementing Australia’s Oceans Policy 31 Ocean processes occur across national and international boundaries and jurisdictions and many marine species are highly mobile or migratory. We need to improve our understanding of the effects of ocean processes on our weather, climate, marine biological diversity and primary production.

32 Australia’s Oceans Policy 6 MARINE SCIENCE AND TECHNOLOGY AND MARINE INDUSTRIES

The Marine Industry Development and marine science and technology. This Three priority areas have been identified • provide the scientific, technological Strategy and the Marine Science and Tech- will help maintain a consistent connec- for the Plan. These are to: and engineering basis for the ecologi- nology Plan are key elements of the tion between the Strategy, the Plan and cally sustainable use and management • characterise and improve our under- conservation and resource development Australia’s Oceans Policy. of Australia’s marine jurisdictions and standing of the coastal zone, Australia’s focus of Australia’s Oceans Policy. They their resources; and marine jurisdictions and the adjacent identify priorities for scientific, techno- The Marine Science oceans, the oceans’ interaction with the • provide the physical infrastructure, logical and industrial development to atmosphere, their biological resources appropriate skills base and information increase the national capacity to care for, and Technology and ecological systems, and their support for Australian marine science, understand and use our marine resources Plan underlying geological features; technology and engineering; and coor- wisely. The Marine Science and Technology Plan dinate the management of national The Strategy and the Plan are also char- is designed to improve knowledge of programmes in marine science, tech- acterised by a long-term perspective, with Australia’s marine jurisdictions. Under nology and engineering. flexibility to respond to changes in prior- the broad umbrella of the Oceans Policy, ities for marine industry development the Plan will address existing and emerging priorities for marine science, technology and engineering at a national scale. The Plan will encompass all the marine science, technology and engineering programmes currently in operation in Commonwealth Government depart- ments and agencies, and other relevant bodies. It will provide a framework for the development of our capabilities in these fields during the next ten to fifteen years.

33 Marine Industry • collection of basic data for marine Development industry development and environ- Strategy mental management; and • implementation of objective-based The Commonwealth Government has regulations. endorsed the Marine Industry Develop- ment Strategy. It reinforces the Oceans Initiatives will be undertaken by the Policy’s approach of a comprehensive and Commonwealth Government in consul- long-term framework for growth in our tation with State and Territory Govern- marine industries. To achieve this growth ments. These include: the industries must be internationally • facilitating the development of marine competitive and ecologically sustainable. industry associations and networks to In keeping with Australia’s Oceans Policy, strengthen the representative capacity the Strategy emphasises cross-sectoral of marine industries; features that are often not adequately • wo r king with industry to raise the considered by the existing sector-based co m m u n i t y ’s awareness of marine management approaches. The Strategy industries, their economic contribution, also endorses a coordinated approach to and issues affecting their ecologically marine development that fully accom- sustainable development; and to modates the multiple use of ocean pr ovide channels for community views resources. and aspirations on maintenance of natural res o u r ces; and The Strategy’s recommendations are • pursuing the Strategy for the Devel- aligned closely with the Commonwealth opment of a National Marine Data Government’s business improvement Programme based on the work of the agenda, which includes improved regula- Marine Data Group and its networks tory arrangements. Recommendations to and developed in the context of the foster marine industry development Marine Science and Technology Plan. include: For references and further details see • a review of government marine policy Marine Industry Development Strategy and related decision-making processes; 1997 and Marine Science and Technology • development of consistent legislation Plan (to be released in 1999). to define and apply the principles of ecologically sustainable development;

34 Australia’s Oceans Policy 7 AUSTRALIA’S OCEANS POLICY - next steps

Following release of the Policy, the The Government will continue its The following illustration indicates key Government will establish the institu- consultations with the State and Territory milestones for the effective implementa- tional structures outlined in Section 3. Governments with a view to the early tion of Australia’s Oceans Policy. The National Oceans Office will finalise and full endorsement of Australia’s a detailed and auditable implementation Oceans Policy. schedule addressing jurisdictional and A regional marine planning framework sectoral responsibilities and a timetable will be established with the first Regional for implementation. Marine Plan to address the south-eastern region of Australia’s EEZ.

35 Appendices

Appendix 1 Policy Guidance for OceanS planning and management

Appendix 2 The legal and constitutional framework of australia’s marine areas

Appendix 3 What is ecosystem integrity? Multiple ocean uses

Appendix 4 National representative system of marine protected 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 •Ocean resources should be allocated to • Multiple use planning and management Appendix 1 the mix of uses within a planning area of the oceans should incorporate, as a that offers the greatest long-term central component, a compreh e n s i ve , POLICY GUIDANCE FOR OCEANS community benefits (taking economic, adequate and rep re s e n t a t i v e national PLANNING AND MANAGEMENT environmental, social and cultural system of marine protected area s . values into account) compatible with maintaining ecosystem health. Promotion of ecologically The following policy statements are resilience of the ecosystems likely to •Direct, indirect and cumulative sustainable marine-based industries intended to help apply the principles for be affected by proposed uses; adverse impacts of resource use should •Healthy marine ecosystems are essen- ecologically sustainable ocean use when – the extent and levels of change in be minimised: tial for the long term productivity of developing and implementing planning ecosystem components or impacts – uses that may diminish the value of marine industries. and management arrangements for on ecosystem integrity likely to arise an area or resource for subsequent •Planning and management for ocean Australia’s oceans. They are also from proposed uses and other uses require careful assessment of use should explicitly include the devel- intended, in association with more impacts, singly and in unison; long-term costs and benefits and of opment of sustainable, internationally specific national and regional objectives, – levels of induced change considered alternative uses. competitive marine industries that to provide the basis for reporting and acceptable; •Multiple uses of the same ocean contribute to national economic performance assessment in the imple- – levels of change in ecosystem charac- growth, employment and regional mentation of Australia’s Oceans Policy. resource should be considered jointly teristics considered incompatible so that their overall impacts on the development. Maintenance of ecosystem integrity with maintenance of ecosystem oceans, and the impacts they have on • Allocation of ocean resources under health or recovery within a reason- existing sectoral management regimes • The ecological links between the land each other, can be understood. should provide for integrated ocean and oceans, as well as within and able period; and •Res o u r ce use activities should be use and should: between ocean ecosystems, must be – gaps or uncertainty in information assessed within a planning framewo r k – support industry efforts to generate taken into account in ocean planning on resources, uses or ecosystem which considers impacts on ecosys- wealth through growth, innovation and management. processes and the capacity to tems, against management goals, and and value enhancement; •Maintenance of natural ecosystem monitor, detect and assess change in th r ough an objective, transparent and – encourage industry in promoting its structure and function should be used indicators of ecosystem health. open analysis of risk, costs and benefits. international competitiveness and to develop agreed objectives and indi- • Wh e r e good management suggests that international trade and investment cators for ecosystems and resource Integrated oceans planning and uses of particular areas should be opportunities; and uses, on the basis of the best available management for multiple ocean use restricted, primarily for a single purpose – encourage continuous improvem e n t s information available on assessment of: • The economic, environmental, social or for a specific set of purposes, access in environmental management and – natural levels of temporal and spatial and cultural values of ocean resources for res o u r ce users with different inter- cleaner production strategies. variability and the sensitivity or should be assessed, as should the ests may be managed through zon i n g impacts of proposed uses on those on the basis of area and/or time. values, before resource allocation deci- sions are made.

37 • Governments and industry should review of roles and responsibilities for – use market based approaches where – allow for changes in resource values cooperate to ensure cost-effective the environment. they are able to address adequately and improvements in technology access to high-quality information •Partnerships between governments, the full range of economic, environ- and information that may alter risk about resources, environmental base- industry and the community should be mental and community values; and assessments and provide new oppor- line and monitoring information a major component of institutional – be consistent with internationally tunities for resource use; and required for managing existing indus- arrangements for assessing, planning agreed measures. – be capable of rapid responses to assess- tries, and for identification of new and managing ocean resources: • Institutional arrangements and decision ment of adverse impacts; this includes opportunities. – recognising coastal and marine poli- making processes for the oceans should reducing or ceasing res o u r ce use to •Unnecessary regulatory impediments cies and strategies in place or being enable conciliation and dispute res o l u - as s u r e an acceptable rate of rec o ver y to the development of ecologically developed by Commonwealth, State tion. Howeve r , such arrangements will or remediation of ecosystem health. sustainable marine industries should and Territory Governments; and not fetter governments from carryi n g Application of the precautionary be removed. This can be achieved by: – recognising the responsibilities carried out their responsibilities to the – simplifying and streamlining reg u l a - by governments to develop and Australian people. principle to r y framewo rk s , including removing implement policies for community • The Commonwealth Government will •If the potential impact of an action is unnecessary regulations; benefit and in the national interes t continue to involve State and Territory uncertain, priority should be given to – improving valuation and pricing of •Planning and management arrange- Governments in considering existing maintaining ecosystem health and resource access and government ments should incorporate a duty of and new international treaties relating productivity. services; and care towards the health of our oceans to the marine environment, particu- •Incomplete information on possible – managing uncertainties in resource on the part of individuals and corpo- larly where they may affect State or impacts should not be used as a reason access, use and allocation processes, rate and government bodies. Territory interests. for postponing precautionary measures for example, by creating tradeable •To the extent possible, the regulatory intended to reduce or avoid unaccept- rights, where compatible with main- framework for ocean use should: Managing for uncertainty able levels of change or to prevent taining the productivity and health serious or irreversible environmental – be outcome or objective based, and •Planning and management for use of of marine ecosystems and other ocean resources, particularly the living degradation of the oceans. community equity considerations. provide incentives for improved performance; marine resources, must be able to •In the application of the precautionary accommodate considerable uncer- approach, public and private decisions – not impose unnecessary costs or reg u - Governance tainty. Regimes should be adaptive should be guided by: la t o r y burdens on users and managers; • The distribution of roles and responsi- and: – careful evaluation to ensure that bilities between the Commonwealth, – be consistent across jurisdictional – be able to accommodate uncertainty changes arising from a use or uses States, Territories and local govern- boundaries where they impact on in the accuracy of assessments of remain within limits considered ment should be consistent with the the same oceans resource; resources and of risks and the vari- acceptable, to avoid, wherever prac- Intergovernmental Agreement on the – be developed cooperatively with ability and unpredicability of the ticable, serious or irreversible Environment and the outcome of the community and industry; marine environment; damage to the environment; and Council of Australian Governments’

38 Australia’s Oceans Policy – assessment of the risk-weighted • Risk of losing ecosystem health and •Pollution which results in loss of • Ocean conditions should be monitored consequences of various options. productivity should be presumed to amenity or diminished value of the to underpin improved understanding • If there is a risk of serious and irre- have a high cost to the community. oceans resource to other users is a form and decision making and to detect var i - versible environmental damage •Access to common ocean resources for of resource use and, while it continues, ability and long-term change. Eff e c t i v e resulting from an ocean use, that use private profit should be priced to give a should be costed accordingly. linkages with national and interna- should be permitted only if the damage reasonable rate of return to the tional ocean monitoring prog r a m m e s can be mitigated, or it is limited in its community, where consistent with Reporting, monitoring and should be maintained. extent, and there is an overriding net government resources policies. assessment • Ocean managers should have access to community benefit from the use: •Public-funding principles should apply • Ocean planning and management data which are essential for good oceans – the higher the risk of unacceptable for services provided for the public should include the development of ma n a g e m e n t . levels of change or of serious or good. outcome-based performance indicators •Access to and use of ocean resources irreversible environmental damage, •Unless there is an overriding public and performance assessment proc e d u re s . carry with them a responsibility for the more conservative should be the interest, the costs of commercial devel- •Use of ocean resources should be users to provide information in the measures required to reduce that opment potentially impacting on the monitored to ensure that estimates of form and at the level of detail required risk. oceans — including infrastructure, impacts are accurate. If assessments of for good management. • Ocean users carry a responsibility to environmental management, moni- impacts differ significantly from fore- •Ocean managers have complementary as s u r e the ecological sustainability of toring and remediation, and the costs casts, management procedures should responsibilities: their operations and an obligation to of managing natural hazards — should allow for the initiation of remedial – to communicate clearly what infor- identify and implement prec a u t i o n a r y be borne by development proponents. action, including reviews of resource mation is required and the form in me a s u re s . • Those who generate and release wastes allocation. which it is to be provided; into the ocean should bear the costs of • Monitoring and assessment prog r a m m e s – to recognise and minimise the trans- User-pays and other economic containment, avoidance, abatement, or should be structured so that they action costs of requiring information instruments remediation to the level of best practice. provide sufficient statistical power for from resource users; and • Charges for access to ocean resources •Approvals for resource use proposals detection of potential impacts, – to provide feedback on the use made should reflect the community interest should be contingent on the propo- including design for replication and of the information and its manage- and short- and long-term economic, nents having in place credible arrange- appropriate control or reference areas. ment value. environmental, social, and cultural ments for bearing these costs. Such programmes should be subject to public and independent peer review. •Monitoring of the performance of costs and benefits. management agencies should be open • Where it is not possible to quantify and transparent, with the results made these costs and benefits, their existence publicly available. and relative importance should be taken into account in setting charges.

Appendix 1 39 Duty of care and stewardship – the public should have sufficient rate the full environmental costs asso- fair and equitable way, placing a •Australian governments, marine indus- opportunities for informed commu- ciated with ocean related production. premium on the peaceful settlement of tries, communities and individuals nity contributions to decisions and – multilateral development and imple- any differences regarding their use. should acknowledge and apply a duty management; and mentation of market-based measures • Australia should provide leadership of care in use of Australia’s ocean – th e r e is a clear understanding of the to protect the health of our oceans is regionally and internationally in the resources. A collective sense of stew- responsibilities of governments for an important strategy for maintaining management of our oceans, rec o g n i s i n g ardship is a critical element in sharing planning and management in the international competitiveness of the possibility that national activities the responsibility for these assets across meeting community and national our marine industries while may have effects on the marine juris- all sectors. in t e re s t s . pr omoting global environ m e n t a l dictions of neighbouring countries. •Ocean management decisions and how pro t e c t i o n . Interests and responsibilities of they are made should be open for •International trans-boundary resources indigenous peoples public scrutiny. should be allocated and conserved in a • The cultural interests and traditional • Local communities and local industries kn o wledge and management practices should be encouraged to participate in of Aboriginal and Tor r es Strait Isl a n d e r planning and management strategies peoples should be recognised and incor- and share responsibility for the porated in ocean planning and manage- management of ocean resources. ment and related policy devel o p m e n t . • Local communities should be encour- Regional and global responsibilities aged to participate in local industries •Australia’s obligations in relation to the and in management strategies and to oceans under conventions, agreements continue to share responsibility for the and arrangements to which it is party management of ocean resources. must be acquitted in the assessment, allocation and management of ocean Broader community participation resources: •Effective public participation in ocean – including commitments relating to planning and management requires peaceful use of the oceans and coop- that: eration in access for national and – the public should have access to international scientific research and sufficient information about current monitoring programmes. ocean resource uses, proposals and • Government and industry should alternative uses and their impacts; cooperate internationally to incorpo-

40 Australia’s Oceans Policy An Australian Fishing Zone (AFZ) was The Offshore Constitutional APPENDIx 2 de c l a r ed in 1979 and is now under the Settlement Fisheries Man a g e m e n t Act 1991. The zone In the early 1970s the States challenged the The Legal and Constitutional Framework of is the area of waters between 3 nautical Co m m o n we a l t h ’s assertion of sovere i g n t y Australia’s Marine Areas miles and 200 nautical miles seaward of under the Seas and Submerged Lands Act the baselines. Waters off the Australian 19 7 3 over the then three nautical mile Maritime zones The contiguous zone - This is the area Antarctic Territory were excepted from territorial sea. The High Court upheld Consistent with the provisions of interna- between 12 nautical miles and 24 the AFZ in 1979 for foreign national and the Commonwea l t h ’s assertion of sover - tional law, Australia has declared a range nautical miles seaward of the baseline. vessels. These waters are regulated in eignty in the Seas and Submerged Lands of maritime zones under the Seas and In the contiguous zone, Australia can accordance with the Convention on the Case. The Commonwealth and the States Submerged Lands Act 1973. The outer take limited enforcement measures in Conservation of Antarctic Marine subsequently came to a series of arrange- limits of all of these zones are measured relation to customs, fiscal, sanitary and Living Resources (CCAMLR). fr om the territorial sea baseline, located immigration matters. Australia’s Maritime Zones for the most part at the low-water line The Exclusive Economic Zone (EEZ) along the coast. Howeve r , it also consists - This is the area between the lines 12 “ ” of bay and river closing lines and some nautical miles and 200 nautical miles straight baselines between the mainland seaward of the territorial sea baselines. and adjacent islands and across parts of In this area Australia has the right to the coast that are deeply indented. explore and exploit living and non- The zones, which are measured both living resources, and the concomitant from mainland Australia and from obligation to protect and conserve the islands forming part of Australia, marine environment. including the external Territories, are as The continental shelf - The area follows: between 12 nautical miles and 200 The territorial sea - The outer limit of nautical miles seaward of the territorial the territorial sea is 12 nautical miles sea baseline (that is, it covers much of (nm) seaward of the baseline. Australia the same area as the EEZ) and any has sovereignty over the territorial areas of physical continental shelf waters. It may therefore impose beyond 200 nautical miles. Australia comprehensive controls in this area, has the right to explore and exploit the with the one major exception that it living and non-living resources of the must respect the right of innocent shelf. A diagram of our maritime zones passage of foreign vessels. is adjacent.

Appendix 2 41 ments collectively known as the Off s h o r e In effect, through the OCS, the wealth can also legislate under the This means that the extension of Sta t e Constitutional Settlement (the OCS). Th e Commonwealth agreed to give the States external affairs power to give effect to le g i s l a t i v e powers to coastal waters as part purpose of the OCS was to give the States a primary responsibility over coastal waters treaties, matters of international concern of the OCS is now largely red u n d a n t . gr eater legal and administrative role in (out to 3 nautical miles). Beyond that the and matters affecting Australia’s relations The OCS does not prev ent either the of f s h o r e areas. The principle legislation Commonwealth retains primary respon- with other countries. Co m m o n w ealth or the States from exer - implementing the OCS (Coastal Wat e r sibility. The OCS also included a number As noted, the States and the Nort h e r n cising their full legislative powers in the States, Power and Title Act 1982) entered of cooperative arrangements for the Ter r i t o r y wer e given power to legislate of f s h o r e area. Howeve r , the practice largely into force in Feb ru a r y 1983. management of resources offshore, such over coastal waters as part of the OCS. has been to exer cise those powers in a as fisheries and petroleum. These cooper- There are two fundamental elements After implementation of the OCS in manner consistent with the OCS. Neve r - ative arrangements are reflected in the underpinning the OCS arrangements. 1983, howeve r , the High Court held that theless, if there is a conflict between Sta t e relevant Commonwealth, State and First, the States and the Northern Terri- the general power of each State to make and Commonwealth laws applying to the Northern Territory legislation. tory were given title to an area called laws for the ‘peace, order and good maritime area then, in accordance with ‘coastal waters’ consisting of all waters Examples of such arrangements are those go ver n m e n t ’ of the State enables each section 109 of the Constitution, the landward of the three nautical mile limit entered into under the Fisheries Manage- State to legislate in relation to its adjacent Co m m o n we a l t h law would prevail. The but not including internal waters that are ment Act 1991 to enable a fishery both maritime area, provided there exists a State law would be invalid to the extent within the constitutional limits of a within and outside State coastal waters to reasonable connection between the Sta t e of the inconsistency. State; for example, Sydney Harbour. be managed by one authority (State or and the activity cover ed by the legislation. Second, the States and the Northern Commonwealth) under one law (State or Territory were given concurrent le g i s l a - Commonwealth). ti v e power over coastal waters; that is, they were given the same power to legis- Constitutional power late over coastal waters as they would A range of constitutional powers enable have over their land territory. The legisla- the Commonwealth Parliament to pass tion implementing the OCS made it laws relating to the oceans and their clear that should the territorial sea subse- management. These include: Common- quently be extended from three nautical wealth powers over trade and commerce, miles to 12 nautical miles the OCS external affairs, corporations, defence, arrangements would continue to apply fisheries, territories and quarantine. A only to the three nautical miles limit. In number of aspects of the external affairs 1990 the territorial sea was extended to power are relevant, but principally that the 12 nautical miles limit, but the rele- aspect that allows the Commonwealth to vant limit for the purposes of the OCS legislate with respect to matters physi- remains at the three nautical miles. cally external to Australia—that is, beyond low water mark. The Common-

42 Australia’s Oceans Policy • establishing what the ecosystem char- other characteristics of target stocks and Appendix 3 acteristics are, and broadly what our some associated species. Achieving objectives are for those ecosystems; acceptable levels of harvest requires an What is Ecosystem integrity? • understanding the scale and levels of informed and open basis for assessing natural variability and cyclic and long- environmental, economic, social and term trends in ecosystem characteris- cultural costs and benefits. It also Fully-functioning natural ecosystems are Deciding on acceptable levels of change tics or components; requires making decisions on the balance significant community assets, providing a requires an open, objective and scientifi- • selection and testing of a robust set of points for industry and fisheries manage- range of essential environmental services cally credible process for determining indicators of those characteristics; ment objectives, ecosystem structure and and other direct benefits that can be ecosystem characteristics, indicators of • assessing the levels of change attributable functioning and other community aspi- sustainable in the long-term. change and assessment of the associated to direct and indirect effects of res o u rc e rations for fisheries and other resource risks to continued ecosystem structure, uses in the area. • All ecosystems, including ocean use, singly or in combination; and functioning and evolutionary potential. ecosystems, vary in space and time. The same considerations apply to assess- • deciding on the level of change consid- They are naturally in a state of Multiple ocean uses ments of other direct and indirect er ed acceptable, the criteria for deter- constant flux within limits or trends impacts, costs and benefits. mining the level of change, and agree - Planning and management for multiple that under natural conditions are char- ment on implemention of approp r i a t e ocean uses invol v es the integrated alloca- acteristic of each system. A range of indicators of ecological struc - co r re c t i v e measures if those limits are tion of res o u r ce access and use to reach an •Information on ocean ecosystem struc- tu r e (such as species richness, composition exc e e d e d . acceptable balance of outcomes. It must ture and function is, and will continue and trophic organisation, and habitat Some ocean resource uses result in signif- take into account the full range of uses, to be, incomplete. There is uncertainty status), function (such as primary prod u c - icant changes in ecosystem components. users and values, while ensuring that the and unpredictability about the proc e s s e s , tion, energy and material flows) and infor- They can result in the establishment of integrity of ecosystems is maintained. It the limits to natural variability, and the mation on natural and induced levels of extensively modified habitats, in which includes consideration, before res o u rc e effects of induced changes that require var i a b i l i t y , can be used as ref e r ence points new cycles and levels of ecosystem func- allocation decisions are made, of uses a conservative and precautionary in assessing the state of an ocean tions become established. While such which can occur in much the same area at approach to resource development. ecosystem. Ecosystem integrity is reg a rd e d changes may sometimes be reversed rela- the same time, and those which req u i r e • All human uses of the oceans result in as being maintained when the selected separation in space or in time, with the indicators remain within limits that are tively quickly, in other cases recovery change in ocean ecosystems and there may take a long time, and require the re- ob j e c t i v e of retaining the greatest number are direct and indirect impacts from a ag r eed as likely to avoid a significant risk of possible options for the future. of prog re s s i v e or irrev ersible change or establishment of slow-growing ecosystem range of land-based activities. Such components or of key system processes. changes may be relatively small or decline. Th e r e are thus several main Management must also be adaptive, able transient when compared with natural elements in decisions about the mainte- As an example, achieving the maximum to respond to indications of adver s e levels of variability, or they may be nance of ecosystem integrity: ecologically sustainable harvests in a change in the environment, changes in marked, persistent or irreversible. fishery necessarily results in significant social, cultural and economic values, and changes in abundance, age structure and changes in understanding and technology.

Appendix 3 43 Before decisions are made about alloca- sensitive environmental concerns adap- tion of ocean resources, a number of tively. It should ensure that the mix of factors need to be taken into account: uses optimises the flow of benefits to the • objective assessments of the resources community in terms of environmental, and values of an area and potential social, cultural and economic outcomes impacts from proposed uses; in the longer term. • the value and impacts of alternative It is inevitable that some potential users uses; will not be able to use the same area at the • the levels of compatibility amongst same time, or may only co-occur with potential uses of the resources of an constraints on particular activities. In some area and the potential for maximising cases, assessments may result in allocations the benefits or value to the community for excl u s i v e uses. For example some by encouraging multiple uses of the oceans areas will need to be set aside as resources, either at the same time or scientific ref e r ence areas for monitoring sequentially; and undisturbed ocean ecosystem struc t u r e • identification of means of detecting and functions and ocean health. Som e undesirable environmental outcomes localities within petroleum exploration and actions to be taken to avoid or tenements will need to be managed excl u - mitigate adverse impacts. si v ely for that use during testing and Planning and management for multiple pro d u c t i o n . uses should ensure that decisions about In all cases of res o u r ce allocation that resource access or use and the allocation ex clude or constrain some uses, arrange- of benefits are equitable, objective and ments for multiple use management transparent. They should include explicit should include processes for rev i e w of assessments of impacts, in particular on allocations that take into account changes other recognised uses and on ecosystem in environmental, social, cultural and integrity. Integrated management of economic information, understanding multiple uses should provide a capacity and values, and changes in technology. to manage conflicts between uses and

44 Australia’s Oceans Policy maintain ecological processes and Appendix 4 systems, and to protect biological diver- sity at all levels. National Representative System of Marine The NRSMPA has secondary goals to Protected Areas incorporate integrated ecosystem manage- ment; manage human activities and to What is a marine protected area ? National Representative System pr ovide, among other things; for the needs The generalised definition of prot e c t e d of Marine Protected Areas of species and ecological communities; and ar ea is intended to apply equally to marine The development of the National Rep r e- for the rec r eational, aesthetic, cultural and and terrestrial areas. As adopted in the se n t a t i v e System of Marine Protected Area s economic needs of indigenous and non- context of the Australian National Res e r ves (N R S M P A) was endorsed by Australian indigenous people where these are System it is: Governments under the Intergovern- compatible with the primary goal. mental Agreement on the Environment. An area of land and/or sea especially dedi- The Australian and New Zealand Envi- There are commitments by all Australian cated to the protection and maintenance ronment and Conservation Council Governments to its establishment in key of biological diver s i t y , and of natural and established the Task Force on Marine strategies such as the National Strategy associated cultural res o u r ces, and managed Protected Areas to advance the establish- for Ecologically Sustainable Develop- th r ough legal or other effective means. ment of the NRSMPA. Dev elopment of ment (1992) and the National Strategy pa r tnerships with industry and indigenous (IUCN 1994, Commonwealth 1997) for the Conservation of Australia’s gr oups is important in this process. Th e Biological Diversity (1996). Australian Conservation Agencies have Co m m o n w ealth Gover n m e n t is identi- adopted the World Conservation Union The NRSMPA brings together biodiver - fying priority areas within the Exclusive (IUCN) classification for protected areas sity conservation and human activites, Economic Zone for the establishment of for the purposes of national reporting. incorporating multiple-use and ecologi- marine protected areas. It is committed IUCN has identified six categories of cally sustainable development principles, to substantial progress by 2001 in estab- protected area in its classification. These into an established and deliverable mecha- lishment of the NRSMPA in cooperation range from Category I, strict nature nism supported by all Gover n m e n t s . with State and Territory Governments. reserves or wilderness areas managed for science or wilderness protection, through The primary goal of the NRSMPA is: Key tasks in the development of the NRSMPA are: national parks, habitat or species To establish and manage a comprehen- management areas, to Category VI, sive, adequate and representative system • refinement and application of a national managed mainly to ensure protection of marine protected areas to contribute bioregionalisation for inshore and and maintenance of biological diversity to the long-term ecological viability of of f s h o r e waters (IMCRA - see ove r l e a f) ; while providing a sustainable flow of marine and estuarine ecosystems, to natural products and services to meet community needs.

Appendix 4 45 • development of guidelines, criteria and A meso-scale regionalisation out to the processes for selection of candidate 200 metre isobath around the Australian areas; mainland and Tasmania recognises 60 • identification of potential areas in regions. These regions range in size from Commonwealth, State and Northern the largest at 240 000 square kilometres Territory waters for inclusion in the to the smallest at 3000-5000 square kilo- NRSMPA; metres in embayments and major gulfs. • compilation and maintenance of acces- Preliminary work on a macro-scale regio- sible information on the characteristics nalisation of the exclusive economic zone of existing marine protected areas; and the continental shelf has also been • development and implementation of completed. effective management for marine Regionalisations such as those used in protected areas; and IMCRA are conceived and developed for • development of performance measures specific purposes. Ecologically based for the NRSMPA, including assess- regionalisations provide the first layer in a ment of the contribution of marine br oad ecological planning framewo r k protected areas to the conservation of within which more detailed information biological diversity in the context of on ecosystems, communities and/or integrated ocean management. species distributions can be used to assist decision-making across or within a reg i o n . IMCRA—an ecosystem-based The regionalisations will continue to be regionalisation of Australia’s refined as data becomes available. The oceans meso-scale and macro-scale regionalisa- The Interim Marine and Coastal Reg i o n - tions contribute to an understanding of alisation for Australia (IMCRA) is an the variation of Australia’s marine envi- ecosystem-based classification of ronment and form an important input to Aus t r a l i a ’s marine waters. It describes planning decisions that may be made at regions at the 100s to 1000s of kilometre different spatial scales. For some deci- scale (meso-scale) and the >1000s of kilo- sions more detailed mapping and classifi- me t r e scale (macro-scale), drawing on cation of the marine environment will be information about the biological, physical required. and chemical variability of the sea floor and overlying waters.

46 Australia’s Oceans Policy Ward, T., Bulter, E.,and Hill, B. (1998) Oceans Policy Issues Papers SE L E C TED REFERENCEs Environmental Indicators for National #1 Multiple Use Management in the State of the Environment Reporting Estu- Australian Marine Environment: Princi- aries and the Sea, DoE, Canberra. Australian and New Zealand Environment Commonwealth Department of the ples, Definitions and Elements. Zann, L. P. 1997, Our Sea, Our Future. and Conservation Council (1998) Environment and Heritage, Australia #2 Management Instruments for Marine Major Findings of the State of the Marine Communique of the 15th meeting: IUCN 1994, Guidelines for Protected Area Resource Allocation and Use. Environment Report for Australia, Ocean ANZECC Statement on Oceans Policy, Management Categories, IUCN, Gland, #3 Best Practice Mechanisms for Marine Rescue 2000 Program, DEST, Canberra. June 1998. Switzerland. Use Planning. Australian and New Zealand Environment Department of the Environment 1998, Oceans Policy Development Papers Oceans Planning & Management: and Conservation Council 1996, Environment Protection and Biodiver- Australia’s Oceans: New Horizons Oceans Summary of Issues Papers 1, 2 and 3. Working Together to Reduce Impacts from sity Conservation Bill. Policy Consultation Paper, March 1997. #4 Caring for the Commons. Socio- Shipping Operations: ANZECC Strategy Grumbine R.E. 1994 What is Ecosystem Australia’s Oceans Policy - An Issues Paper cultural Considerations in Oceans to Protect the Marine Environment, Management? Conservation Biology 8 : May 1998. Policy Development and Implementa- ANZECC, Canberra. tion. 27-38 Oceans Policy Background Papers Australian Marine Industries and Sciences Lyne, V; Last, P; Scott, R; Dunn, J; Peters #5 Expanding the Role of Collaborative #1 Oceans Facts and Figures: A Primer on Council 1997, Marine Industry Develop- D, Ward, T 1998 Large Marine Domains Management and Stewardship in the Australia’s Oceans and Exclusive ment Strategy, Department of Industry, of Australia’s Exclusive Economic Zone Conservation Management of Economic Zone. Science and Tourism, Canberra. Commonwealth Scientific and Industrial Australia’s Marine and Coastal Commonwealth of Australia 1992, Inter- Research Organisation Division of #2 Review of International Agreements, Resources. governmental Agreement on the Environ- Marine Research Hobart. Report to Conventions, Obligations and Other #6 Saltwater Country: Aboriginal and ment, AGPS, Canberra. Marine Group, Environment Australia Instruments Influencing Use and Torres Strait Islander Interest in Ocean Management of Australia’s Marine Commonwealth of Australia 1992, April 1998. Policy Development and Implementa- Environment. National Strategy for Ecologically Sustain- McKinnon, K.R. et al 1989 Oceans of tion. able Development, AGPS, Canberra. Wealth? A Report by the Review #3 Analysis of Submissions to the Oceans #7 Conservation of Marine Biological Policy Consultation Paper. Commonwealth of Australia 1995, Our Committee on Marine Industries, Diversity. Sea, Our Future, State of the Marine Science and Technology, AGPS, #4 Analysis of Marine and Coastal Reviews Environment Report (SOMER), DEST, Canberra. and their Recommendations in Relation Canberra. Marine Science and Technology Plan to Development of an Oceans Policy for Australia. Commonwealth of Australia 1996, Working Group (1998) Marine Science National Strategy for the Conservation of and Technology Plan Draft for Consulta- Australia’s Biological Diversity, DEST, tion, DIST, Canberra. Canberra. Resource Assessment Commission 1993, Interim Marine and Coastal Reg i o n a l i s a t i o n Coastal Zone Inquiry—Final Report, for Australia Technical Group 1998 AGPS, Canberra. Interim Marine and Coastal Regionalisa- State of the Environment Advisory tion for Australia: an ecosystem-based clas- Council 1996, Australia: State of the sification for marine and coastal environ- Environment, DEST, Canberra. ments of Australia. Version 3.3 June UNEP 1992, Convention on Biological 1998. Environment Australia, Diversity.

47 Photo credits: 22 tunicate - sea squirt, Tony Karacsonyi 42 Fishing boats, Andrew Green Cover: Background - sunset, SE coast NSW, Tony Karacsonyi harvest cuttlefish, Tony Karacsonyi 43 Harbour, Andrew Green detail - Cocos Island, Indian Ocean 23 fishery catch, Tony Karacsonyi 44 King Penguin Colony, Macquarie Island, P. Haddock, brittle star on kelp, Tony Karacsonyi rock lobster pot and fisher, Tony Karacsonyi Antarctic Division moored boats, Tony Karacsonyi 24 detail of echinoderm, Tony Karacsonyi Dugong mother and calf, Geoff Taylor (Lochman Back: Barracouta school, Tony Karacsonyi detail of temperate echinoderm, Tony Karacsonyi Transparencies) ‘Burraltja’, Djambawa Marawili, Baniyala, NT, estuarine jellyfish 45 sea cliffs, Booderee National Park, Tony Karacsonyi courtesy of Buku Larrnggay Mulka, Yirrkala, NT 25 lightning at sea, Bureau of Meteorology 46 The Break of the Tides, Carissa Goyer, Coastcare Inside back: breaking wave, Tony Karacsonyi 26 surf carnival, Arthur Mostead Photographic Competition 2 AGSO, Law of the Sea Series 27 surfer, Andrew Green Fur Seals, Montague Island, Tony Karacsonyi 4 Anemone fish and coral reef, Tony Karacsonyi Sydney seascape 47 The Big Jump, Emma Child, Coastcare Photographic inset: amphipods on sponge, Tony Karacsonyi 28 weed fish, Andrew Green Competition 5 detail - red indian fish and sea tulips, SE NSW, 29 coral reef, Andrew Green Tony Karacsonyi 30 moored boats, Tony Karacsonyi 6 iceberg, D Calder, Antarctic Division 32 large-scale ocean processes, Bureau of Meteorology 7 stargazer, Tony Karacsonyi ocean temperature, FNMOC OTIS 4.0 SST analysis for detail- temperate brittlestar, Tony Karacsonyi 20 April 1998 (Fleet Numerical Meterology and 8 loading ship at BHP dock, Newscastle Oceanography Centre, Monterey, Calfornia) seal and net fragment, Andrew Green ocean basin circulation, Bureau of Meteorology 9 Torres Strait ceremony, Leon Zann humpback whale Albatross, Macquarie Island, C Baars, Antarctic Division 33 SE Australia current detail, sea surface temperature, 10 coastal dunes, SE coast, Tony Karacsonyi Bureau of Meteorology 11 Cocos Island, Indian Ocean oil platform, APPEA 12 Great Barrier Reef, D. McKillop (GBRMPA) coral reef fishes, Andrew Green 13 schooling fishes, Andrew Green 34 rock lobster fishers, WA, WA Marine Res e a r ch Laborat o r i e s Penguins, S Brown, Antarctic Division ranger with little penguin, Booderee National Park, 14 seal, Andrew Green NSW diver at the Cheynnes Wreck, Patrick Baker, 15 Sydney harbour WA Maritime Museum detail - south coast intertidal, Tony Karacsonyi 35 small temperate cephalopod, Tony Karacsonyi 16 beach scene, juniors, Tony Karacsonyi detail - kelp forest, SE coast, Andrew Green sailboarder, Andrew Green 36 Lizard Island, Northern Great Barrier Reef 17 dolphins in surf, NSW, Tony Karacsonyi 38 temperate macro algae, Andrew Green potato cod and divers, Andrew Green 39 detail, coral reef herbivores - parrotfish and rabbitfish, 19 detail - Coastal development Tony Karacsonyi 20 shallow inshore waters, Tony Karacsonyi 40 beach scene, SE coast NSW, Tony Karacsonyi inset - Australian-constructed fast ferry, Tasmania sinking of the Sanko Harvest, WA, Nigel Holmes inset - oldwives 41 Australia’s maritime zones, J. Gillies/G. Anderson, 21 detail - Penguin on ice shelf, Antarctic Division Environment Australia

48 Australia’s Oceans Policy Munuk-Gapu An explanation of Yolngu Law of the Salt Water Rom Bapurru Yaku Gapu “Yolngu people are divided into two moieties connected by law, known Yirritja Mungurru gä Garingirr as Yirritja and Dhuwa. So are the land and water. The Yirritja ocean is Dhuwa Balamumu gä Gundutja known by the names Mungurru and Garingirr. The Dhuwa ocean is known by the names Balamumu and Gundjuta. These Yirritja and “Bamanpuy Dhawu munuk-puy gapu-wuy gä nhä ngunalami Dhuwa names of the oceans were given by Barama and Djan’kawu, Madayin gapungura. Gä wanamaîa dhiyangu manda who were the ancestral creators of Yolngu and the oceans. bapurru nguli barakbarak-dhun gapu-lili. Mungurra and Garringirr are related as mari-gutharra (grandfather and Gapu nguli wandirri binguru mayangu bala munuk-lili bala grandson). The two Dhuwa oceans are also related in the same way. Th e Yirritja and Dhuwa oceans are related as yothu-yindi (mother and child). manapan-mirri nha, ngulangu gapungu nganapu nguli These relationships are celebrated by Yolngu in our secret and sacred songs manikay barakbarak-dhun ringitj-nguru gä yaku, nhirran about the ocean, the totems and of the ancestors. yothu-nha yudana. The songs tell us how the two moieties are connected to each other and Marrama gapu mandana yaku-mirri. to the water, and who owns the water. The songs we sing give us the names from Barama and Djan’kawu, for our yothu (children). This is Yaku Mungurru gä Gundutja, gä wanami manda nguli the Yolngu law of the salt water ocean. gulyun, ngunala manda nguli gulyun - wangupini marratji dhuwathun, gä ngunalana nganyi nguli gapu-munuk rom Fresh water flows from the rivers and joins the salt water, connecting madayin manikay nguli gulyun. fresh water Yolngu and salt water Yolngu. The Yirritja fresh water flows from Bitjngu to Mungurru, and Dhuwa fresh water from Milingurr to Manda gapu yirritja mungurru gä garingirr. Mari gutharra Balamumu. Both waters join up and flow side by side to where the gä manda Balamumu gä gundutja mari-gutharra gä songs stop, over the horizon where the clouds rise. That’s where our law wanangu Yirritja gapu Dhunarrana Binguru-Bitjunguru gä (rom) of the ocean stops and returns to the land on the high tide. Dhuwa gapu Dhunarrana binguru Milingurr-nguru. The ocean contains very important history about the Yolngu clans, Dhuwala manda gapu Dhawu-mirri Yolngu barpurrwuy gä totems, law, ceremony and kinship. Our customary law of the ocean, which has been with us for thousands of years, is still with us through rom-gu gä madayin-gu gä bulu manda liyamirri marrama- song and dance today.” wuy Yolngu bapurru. Illustration of song cycle Nganapungu rom yukurra dharra wiyingmirri bamanpuy, gä Painting Burraltja natural earth pigments on bark bamanpuy ngangu gapu-wuy yanabili dhiyangubala Artist Djambawa Marawili, of the Madanapa, Bäniyala. balakurra manikay gä bungulk.” 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.