MARINE PARK; 

THE OUTCOME OF THE NATIONAL PARTY’S CONSULTATIONS.

Following the Government’s decision to withdraw the National Parks (Marine National Parks and Marine Sanctuaries) Bill and consistent with our desire to see better protection of the marine environment, the National Party sought public comment on a process that would lead to the establishment of Marine Parks in Victorian waters.

The vehicle used for the purposes of public consultation was a Marine Parks discussion paper.  This discussion paper has had widespread distribution via the National Party’s web site and through National Party MP’s electorate offices.  We have presented this proposal at 6 public meetings held in various towns along the Victorian coast. These meetings have been well attended by a mix of recreational and commercial fishermen, members of conservation organisations, local business people and others with an affiliation with coastal communities.

The National Party has received very positive feedback to the proposals advanced in the discussion paper.  The feedback has come through an expression of views at the public meetings as well as from approximately 60 written submissions from groups and individuals.

As a result of our consultation the proposal outlined in the discussion paper has been modified to accommodate, so much as is possible, the various views that have been expressed.  Overwhelming support has been given for a process that first defines the purpose and extent of protection required to a particular marine environment/location, then develops a management plan that reflects the purpose and addresses the specific needs, and finally gives statutory recognition/authority to the Marine Park and its associated management plan.  This process is virtually the reverse of that proposed by the Government’s Marine Parks bill, which argues that the Marine Park be declared first, then a management plan developed.

The National Party considers protection of our marine environment to be of critical importance and urges the Government to adopt a structure of Marine Parks legislation that has the following key points.

1.      Marine Parks Authority (MPA)

The National Party believes that the creation and on-going management of Marine Parks is of such importance that a special statutory authority should be established to undertake these functions.  While there is some level of reluctance by the community to see the creation of a new statutory authority, it is generally agreed that a Marine Parks Authority (MPA) established under the criteria detailed below, would so far as is possible, remove “political agendas” from the genuine need to manage and protect the marine environment.

We believe the MPA should have responsibility for:-

·                    The identification of specific areas suitable for and requiring the level of protection Marine Parks status will facilitate.

·                    Setting of the purpose and objectives of each Marine Park

·                    The conduct of the consultation process involved in establishing Marine    Parks

·                    Monitoring the implementation of Marine Park management plans.

·                    Undertaking appropriate scientific research within Marine Parks

 It is recommended the MPA would consist of seven members appointed by the Minister from a list of names submitted by stakeholder groups. 

The stakeholder groups would represent commercial fishers, recreational fishers, aquaculture industry, Fisheries Co-Management Council, conservation organisations, and Marine Science.

To assist the MPA in its assessment of the status of the marine environment and marine resources, it is proposed the Authority be required to appoint a Marine Parks Scientific Advisory Committee.  In appointing this committee the Authority would be required to ensure the committee has a balance of experience in the various marine sciences and fisheries management and be drawn from both the Government and non-Government sector. 

To assist the Marine Parks Authority in the establishment and implementation of management plans for each Marine Park it is proposed the Authority be required to appoint local Marine Park Advisory Committees (MPAC’s).  These committees would be made up of locally based people and bring with them local knowledge. The composition of each local advisory committee would vary from park to park so as to reflect the different issues in each particular park under consideration.

It is envisaged the MPA would not become a major Government department in its own right, preferring to contract much of its research and consultation work to both the private and public sector as appropriate.

The MPA would be funded by Government through the normal appropriation process.

The MPA would be required to report annually on its operations to Parliament, and would thus be subject to audit and review by the Auditor-General.  Included in this report would be an account of the workings of its various advisory committees.  

2.   Marine Parks and Management Plans

The fundamental point to emerge from the consultation was that Marine Parks should be recognised as a tool to an end, rather than the end itself, and that it is the management of an area which will protect it rather than its titled status or colour on a map. 

This requires that the process of declaration be ordered and pragmatic.  The National Party’s suggested format accommodates this requirement by specifying the process and sequence to be followed by the MPA when it declares a particular location/area is to be considered for conversion to a Marine Park. Following the MPA’s declaration that a particular location/area be considered for Marine Park status, the Authority is required to follow the process in the sequence described in Section 3.

The model proposed in the National Party discussion paper and overwhelmingly supported by respondents would see legislation that defines a process facilitating the creation of Marine Parks.  This enabling legislation would establish the Marine Parks Authority, define its role and outline its functions.  The act would also define a public consultation process that would lead to a proposed area for Marine Park status along with a recommended management plan.

It is proposed the mechanism for declaring a Marine Park would be by Order-in-Council.  The order would require that the Government accept both the proposed park and its management plan.  It is further proposed that this Order-in-Council be subject to disallowance by either house of the Victorian Parliament.  Amendments to management plans would also require an Order-in-Council.

 The first task for the MPA is to demonstrate the need for a Marine Park. 

This logically follows the publication of the Regional Perspective Paper (see section 3).  Once a need is demonstrated the purposes for, and objectives of establishing a Marine Park can be defined.  The purposes and objectives will then guide the development of the management plan.  This is generally acknowledged as the most critical phase of the process, given that the management plan will directly determine the “success” or “failure” of the Park, and that achievement of the primary objective will depend upon the appropriateness of and adherence to this management plan. 

Respondents to the discussion paper expressed concern at the potential for marine protection to be confused with fisheries management.  Fisheries management is appropriately achieved through fishery management plans and input and output controls on both recreational and commercial fishing.  Marine Park management plans should have regard to and complement fishery management, but not replace them.  Marine Park management needs to take into account the vast number of issues that impact on the marine environment, particularly those issues of pollution in its many forms.

Respondents overwhelmingly supported the concept of multiple-use Marine Parks with zones within the park boundary defining various uses.  There was strong support for areas of no-take, Marine Sanctuaries, which would become reference areas for marine research.  Opinions were divided as to whether Marine Sanctuaries should be used solely for research purposes, (i.e. no-go areas) as opposed to allowing limited recreational activity such as boating and diving only (i.e. no-take).

The discussion paper generated much debate over the type of zoning and allowable activities in each zone.  But it was generally felt that the zonings should be flexible enough to allow for varied use as might be appropriate in each particular Marine Park.  To this end, it is proposed management plans be developed within the parameters of the following zones:- 

a)                  Marine Sanctuaries – reference areas for scientific research

b)                  Limited Use Zones – which may allow recreational activities including recreational fishing and some forms of commercial fishing where appropriate.

c)                  Special Use Zones- allow recreational and a broader range of commercial fishing and aquaculture

d)                  General Use Zones – allow additional activities including such things as shipping and petroleum exploration and production, so long as those activities do not affect sensitive marine environments.

 A Marine Park would not necessarily comprise areas of each of the four described zones.  The management plan would reflect the appropriateness of including particular zones in each park.

Respondents also expressed strong support for Marine Park management plans to encompass both ecological and social values.  Planning should seek to accommodate current and future use and enjoyment of the area and its resources while maintaining sustainability.

It is proposed that management plans should be formally reviewed after 10 years.  However the MPA after considering advice from the local MPAC, may from time to time recommend changes to the management plan.  Such changes would need to be notified to the Parliament as described below.

3.         The Planning and Consultation Process

Coastal communities are already actively involved in caring for their local marine environment.  Their local knowledge is an invaluable resource in the on-going assessment and implementation of management practices to protect and enhance that environment.  The engagement of local people in the form of local MPAC, coupled with the opportunity for public input at various stages of the planning process are vital for the successful establishment of Marine Parks.

The planning process follows the following sequence.

(i)                  An area is identified by the Government or the MPA for consideration as a        Marine Park

(ii)                The MPA is then required to appoint a local Marine Park Advisory Committee that is representative of local stakeholders.

(iii)               The MPA in conjunction with the local MPAC undertake the preparation of a    Regional Perspective Paper.

The Regional Perspective Paper (RPP) is similar in nature to the Comprehensive Regional Assessment Report used as the basis for establishing Regional Forest Agreements.  The RPP would be a comprehensive assessment of the area’s biological and economic resource and social values.  It would include a description of the physical environment, marine habitats and marine wildlife present in the subject area.  It would also provide details of human usage of resources in the area in both historical and current terms.

 (iv)              The Regional Perspective Paper is then published and public comment sought.  This consultation will assist the MPA, after receiving advice from the local MPAC to decide whether there is a need for a Marine Park in the subject area. If it is determined there is a need then an Indicative Management Plan is prepared by the MPA with the assistance of the local MPAC and input from the public to the RPP.

An Indicative Management Plan (IMP) identifies key ecological and social values and assesses the risks to those values so as to identify the key management strategies and priorities for the area.  It provides a guide as to how the area will be managed (over a ten year period) if it is to be gazetted as a Marine Park. 

(v)                The next step in the process is the requirement for the Minister administering      the Marine Parks Act to give public notice of any proposal to create a Marine   Park.  Such notice must include the following:

§         proposed boundaries

§         the purpose of the proposed Marine Park

§         an indicative management plan

§         any proposed zoning

§         where interested persons can obtain the above information; and

§         how the public can make a submission

 (vi)              Public comment on the IMP is then sought leading to the preparation of a Final Management Plan by the MPA after receiving advice from the local advisory committee.  The Authority is required to publish the Final Management Plan along with a report containing a summary of the submissions and an indication of how the plan was amended or not in            response to the submissions.

(vii)             Marine Park Authority submits Final Management Plan to Government

(viii)           Order to establish marine Park along with its Management Plan gazetted.           Order can be disallowed by either House of Parliament.

(ix)              MPA implements Management Plan

(x)                Variations to Management Plans must be by order-in-council subject to             disallowance by either House of Parliament.

(xi)              MPA undertakes formal review of Management Plans after 10 years

A schematic depiction of the process is attached.  (click image for better view)

4.   Compensation

Submissions to the discussion paper gave overwhelming support for the provision of compensation payable to any individuals or businesses who are adversely affected by the establishment of a Marine Park.  It was considered marine protection is undertaken for the benefit of the wider community and so it is that the community should bear the cost of those actions.

It was generally supported 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 the holders of commercial fishing licences, aquaculture licences, or fish processors licences or any registered commercial business that can prove a direct adverse impact.  This does not limit for example caravan park owners, fishing equipment retailers or charter boat operators from seeking compensation.

It was also strongly supported that the courts were the appropriate places to process compensation claims.

Finally, the National Party’s view that compensation would be the exception, rather than the rule, when the consultation and structure proposed in this report is adopted, is shared by the great majority of respondents.

5.   Other Matters

Response to the discussion paper was strong in its view that local Management Plans should have the scope and power to deal with most other matters associated with the establishment of Marine Parks.

However it was felt that the Act should list the type of offences for certain activities conducted illegally within Marine Parks and the penalties for such offences.  It was considered a need for uniformity across Marine Parks was required in this instance.

It was also felt the Act needed to clarify any issues related to Native Title and provide certainty for current and planned future use and management of Marine Parks.

Bibliography:

MPA                   Marine Parks Authority

Local MPAC  Local Marine Park Advisory Committee

RPP           Regional Perspective Paper

IMP           Indicative Management Plan