REPORT

 Peter Hall MLC
Member for Gippsland Province
National Party Spokesman for Education
Tertiary Education
Resources and Environment


Marine Parks
Discussion Paper
(Download as PDF file - ideal for printing)

Index

Introduction
Marine Parks Act
Section 1 – Marine Parks
Section 2 – A Marine Parks Authority
Section 3 – The Planning and Consultation Process
Marine Parks - The Process
Section 4 – Compensation
Section 5 – Other Matters

 

Introduction

This is not a policy document. It is a discussion paper designed to stimulate debate on the issue of protection of Victoria’s marine environment, and to find a solution that accommodates the range of views as to how this may be best achieved.

The National Party is committed to the conservation of Victoria’s marine environment and the sustainable use of our natural resources. We believe the marine environment can best be conserved by a combination of protection and management.

Any efforts to conserve our marine environment need to take into consideration the many things that impact on it. Fishing is but one activity. Pollution from both land-based and marine activity, the introduction of exotic species, the discharge of treated effluent into marine waters, the location and form of shoreline structures such as breakwaters and piers, and local catastrophic events like oil spills all influence the quality of our marine environment.

The National Party believes that integral to any effort to conserve the marine environment is the development and implementation of appropriate management plans. To simply prohibit fishing from certain areas ignores the need to address other events, which may be much more detrimental to that local area.

A well- researched management plan is essential to consider the cumulative effect of the multitude of actions that impact on the marine environment.

The National Party is committed to the establishment of a statewide system of Marine Parks. We believe the multiple-use marine conservation reserve systems as established in other Australian states serve to both protect the diverse and valuable natural heritage values of the coastal environment, as well as providing a framework for sustainable commercial and recreational use of these resources.

The objectives of Marine Parks may vary from park to park, but need to be well defined and captured in a management plan tailored to achieve those objectives.

The management plan should define permissible activities within the park boundaries and to this extent zones within the park are desirable. They should range from Sanctuary Zones being the level of highest protection to General Use Zones that allow for a range of activities that do not affect sensitive marine habitats.

A process that maximises input from community and interest groups is vital to the acceptance of Marine Parks in Victorian waters. The consultation model proposed in this discussion paper broadly reflects that used successfully in other Australian states and is considered a key element of the National Party’s proposal.

The National Party believes the establishment and long-term sustainable management of Marine Parks in Victoria is so important that it needs the creation of a separate, dedicated Marine Parks Act, and management by an authority independent of Government. In this regard, the discussion paper proposes the establishment of a Marine Parks Authority. Further, it proposes a Marine Parks Scientific Advisory Committee to assist the authority in the technical advice required.

The National Party believes the establishment and oversight of an authority independent of Government is necessary to avoid any inference that environment and resource management issues are determined by partisan politics.

There is strong support in Victoria for the need to better protect our marine environment. How that is to be achieved has caused sharp division between various interest groups.

The National Party believes the model proposed in this discussion paper is capable of preserving representative as well as special ecosystems in the marine environment, and at the same time put in place a management structure to ensure that marine parks are managed in an equitable, integrated and sustainable manner.

It is proposed to present the outcome of this consultation to the Victorian Government as an alternative to the Government’s National Parks (Marine National Parks and Marine Sanctuaries) Bill, which has now been withdrawn. The National Party would prefer to present it to the Parliament as a private members bill, however given the fact that it would involve financial commitments, this avenue is impractical. Your comments and advice are invited to assist us in further refining the proposal. Details on how to lodge submissions and comments can be found on page 11.

 

MARINE PARKS ACT

Section 1 - Marine Parks

Marine Parks exist in many countries and most Australian states including Victoria. Schedule 4 of the National Parks Act lists a number of protected marine areas in Victorian waters.

Marine Parks can be used as a tool for both bio-diversity conservation and as an aid to fisheries management.

The most common form of Marine Parks are multiple-use with areas designated for specific purposes.

Marine Sanctuaries are the most highly protected areas within Marine Parks. Sanctuaries are "no-take" conservation areas that may be restricted to activities related to scientific research or low impact tourism such as diving.

Other zones commonly occurring in Marine Parks include -

-Recreation Zones: allows recreational activities including recreational fishing

-Special Use Zones: allows specific uses that could include certain commercial fishing, aquaculture, etc…

-General Use Zones: allows sustainable commercial fishing, petroleum exploration and production, where they will not affect sensitive marine environments.

Commonly, a park management plan is developed for a marine park either prior to or after the gazettal of the park. The management plan identifies zones within the parks, defines permissible activities within each zone, identifies threats to the marine environment and measures to combat these threats.

The National Party’s proposed Marine Parks Act will contain the following provisions.

  1. The ability of the Government to declare an area to be a Marine Park on completion of the statutory consultation processes and under the conditions described within this discussion paper. Those consultation processes are outlined in section 3 of this discussion paper.

  2. The purposes of a Marine Park need to be clearly articulated and a management plan developed that complements those purposes prior to the declaration of a park.

  3. Marine Parks are to be multiple-use, managed areas with zoning as described above.

  4. Marine Parks may include sanctuary areas to specifically provide for scientific research to allow assessment of the effectiveness of the management plan.

  5. The establishment of a Marine Park would involve evaluation of issues and the environment particular to each proposed park. As such each proposed Marine Park would require a separate process leading towards its establishment.

  6. Under this model the mechanism to declare a Marine Park would be by Order-in-Council subject to the disallowance by either house of the Victorian Parliament.


Questions

  1. Do your support the National Party’s concept of a multiple-use Marine Park?

  2. Do you believe multiple-use with appropriate zonings can achieve the objectives of protecting the marine environment and the sustainability of marine resources?

  3. Do you think the zones as described above are appropriate?

  4. Do you think it important to identify the purposes of a Marine Park?

  5. Do you believe it necessary to develop and have approved a management plan before a Marine Park is declared?

  6. Do you think it is appropriate that each proposed park area is assessed individually, or should a number of Marine Parks be developed simultaneously?

  7. Do you believe disallowance by either house of the Victorian Parliament an appropriate mechanism to monitor the establishment and management of Marine Parks?

Section 2 - A Marine Parks Authority

Many jurisdictions establish an organisation appointed by, but independent of the government, to oversee the establishment and on-going operation of Marine Parks. This organisation most commonly contracts direct management functions of parks to a relevant government department.

Some jurisdictions provide for the establishment of a formal scientific reference group to assist the organisation in its functions.

The National Party’s proposed Marine Parks Act would feature:

  1. The establishment of a Marine Parks Authority with responsibility for:

    • the identification of areas suitable for Marine Parks

    • setting of the purpose and objectives of each Marine Park

    • conduct of the consultation process described in section 3

    • advice to Government on the ultimate establishment of a Marine Park

    • monitoring the implementation of Marine Park management plans

    • investigation of any matter referred to it by the Minister

  1. The Marine Parks Authority will consist of seven members appointed by the Minister from a list of names submitted by various interest groups eg. commercial fishers, recreational fishers, conservation groups, aquaculture industry.

  2. The establishment of a Marine Parks Scientific Advisory Committee to provide expert advice to the Marine Parks Authority…this committee to consist of approximately seven persons appointed by the Government with appropriate experience in marine science. The committee would have a balance of experience in the various marine sciences and be drawn from both the Government and non-Government sector.

  3. The Marine Parks Authority would be required to report annually on its operations to Parliament, specifically including an account of the workings of the advisory committee.

 
Questions

  1. Do you believe an authority appointed by, but independent of Government, is necessary to oversee the establishment and operation of Marine Parks?

  2. Do you support the basic structure comprising an authority and scientific advisory committee as suggested above?

  3. Do you agree with the proposed membership structure and the method of appointment?

  4. Do you have any suggestions as to exactly which interest groups should nominate membership of the Marine Parks Authority?

 
Section 3 – The Planning and Consultation Process

The National Party considers the key to the successful establishment of Marine Parks in Victoria is the development of comprehensive management plans prior to the declaration of a Marine Park and with the support and input of local stakeholders and interest groups.

We believe that rather than declaring a Marine Park and then deciding what to do with it, a much more responsible approach is to consider a candidate area, assess its attributes and needs, work out how these attributes would be best protected and needs addressed, before another Marine Park is considered.

While Victorian legislation requires the development of management plans for National Parks, Governments have been tardy in meeting this statutory requirement and the environmental attributes of our parks have suffered.

A requirement to establish a management plan prior to declaring Marine Park status puts a discipline on Government to more promptly put in place measures to protect the marine environment. It also serves the added purpose of informing the public of permissible uses of various sections of Marine Parks prior to their establishment.

The National Party’s proposed Marine Parks Act would contain provisions to establish the following planning and consultation process:

  1. When the government or Marine Parks Authority identifies an area to be considered for Marine Park status, the Department of Natural Resources and Environment, under the direction of the Marine Parks Authority, is required to prepare a Regional Perspective Paper. This paper would be a comprehensive assessment of the area’s biological and economic resource and social values. Advisory committees made up of local stakeholders would be established to assist with the compilation of the Regional Perspective Paper.

N.B. This Regional Perspective Paper is comparable to the Comprehensive Regional Assessment Report used as the basis for establishing Regional Forest Agreements.

  1. Importantly, the Regional Perspective Paper would become a public document. The Marine Parks Authority would then oversee a process that invites input from the local advisory committees and the general public by way of public forums and submissions to develop an Indicative Management Plan. The Indicative Management Plan would, among other things, identify zonings within the proposed Marine Park.

  2. The Indicative Management Plan is published, submissions again sought from the public and stakeholders, leading to the Marine Parks Authority approving a Final Management Plan.

  3. The Marine Parks Authority would then frame a recommendation to government for the establishment of a Marine Park under the conditions described in the Final Management Plan. This recommendation to government becomes a public document upon receipt by government.

  4. An order to establish a Marine Park is tabled in Parliament. Such an order would be disallowable by either house.

  5. Provisions in the legislation would require Management Plans be reviewed after ten years. The review would be conducted by the Authority and involve a formal process of public input.

  6. The Marine Parks Authority would be specifically required to report on the implementation of each management plan in its annual report to Parliament.

 
Questions

  1. What are your overall views on the planning and consultation process described above?

  2. Do you believe the process allows sufficient opportunity for public input?

  3. Do you believe this process will lead to a greater level of consensus on the various aspects involved in establishing Marine Parks?

  4. Do you think the process is cumbersome and if so in what ways could it be simplified?

  5. Is the planning and consultation process deficient in any way and if so how do you think it could be improved?


Section 4 - Compensation

The National Party believes that where it can be demonstrated that the livelihood of an individual or business is unduly adversely impacted upon by the establishment of a Marine Park, then compensation to that person or persons should be claimable. We believe that protection of the marine environment is undertaken for the community good and so the community should share in the cost of environment protection.

We believe that compensation should be restricted to those who can demonstrate a loss of commercial activity due to the creation of a Marine Park. This would include those holding a commercial fishing licence, an aquaculture licence, a fish processor’s licence or operators of commercial businesses directly impacted upon by the creation of a Marine Park.

The National Party is confident that if the processes described in the planning and consultation sections of this paper were adopted, then the need for compensation would be very limited. Multiple-use Marine Parks along with an inclusive approach to formulating management plans will minimise the need for any person or persons to seek compensation.

The National Party’s Marine Parks Act would contain a provision allowing compensation to any commercial business demonstrating a direct financial loss due to the creation of a Marine Park.

 
Questions

  1. Do you think it is reasonable to allow for compensation to be paid to those affected by the creation of Marine Parks?

  2. Do you think the compensation should be limited to holders of commercial licences or operators of commercial businesses?

  3. Should there be specific mention of compensation in the Marine Parks Act or should it simply become a provision available under common law?

  4. Do you believe there should be a cap on the level of compensation available?

  5. Do you agree with the National Party’s view that compensation claims will be a rarity if the process and procedures outlined elsewhere in this paper are adopted?

 
Section 5 - Other Matters

Questions

  1. What other matters do you believe should be included in a Marine Parks Act?

  2. Do you believe it is appropriate for inclusion of a section on offences relating to certain activities in Marine Parks?

  3. Should the Marine Parks Act provide details on permissible activity in relation to such matters as:-

  • oil and natural gas exploration and production

  • mineral exploration

  • shipping movements within Marine Parks

  • seabed cables and pipelines

or should those matters be addressed in individual park management plans?

  1. Should the Act specify Native Title related matters?

  2. What implications will this Act have for other related Acts such as the Fisheries Act, National Parks Act, Petroleum (Submerged Lands) Act and the Mineral Resources Development Act?

 The National Party thanks you for your interest in Marine Parks and appreciates all contributions to this discussion paper.

Submissions or comments should be lodged by September 30 in order that a proposition can be put to the Government in October.

Submissions and comments should be forwarded to: -

The Hon Peter Hall MLC
Shadow Minister for Resources and Environment
P.O. Box 1506
TRARALGON VIC 3844
Fax (03) 5176 1266
E-mail: peter.hall@parliament.vic.gov.au