Dr Frances B Michaelis
Science, Technology, Environment and Resources Group
8 December 1998
Major Issues Summary
Introduction
Policy Framework
Commonwealth programs
Implementing an Oceans Policy-the unfinished
agenda
Oceans policy-International
comparisons
Conclusions
Endnotes
Appendix 1. Selected Commonwealth government
departments and organisations relevant to the oceans.
Appendix 2. Relationship between selected
international agreements and national legislation
Appendix 3. Internet sites established for the
International Year of the Oceans
List of Tables
Table 1: Australia's Oceans Policy Development-a
chronology
List of Figures
Fig. 1. Australia's marine jurisdictional
zone
Fig. 2. The extent of the Continental Shelf and other
marine zones
Fig. 3. Map of Australia to show areas managed by
Parks Australia
Fig. 4. Map of Australia to show petroleum
activity
Fig. 5. Map of Australia to show Commonwealth managed
fisheries
Acronyms and abbreviations
ACF
|
Australian Conservation Foundation
|
ACIUCN
|
Australian Committee for the International Union for
Conservation of Nature and Natural Resources
|
AMISC
|
Australian Marine Industries and Sciences Council
|
AMSA
|
Australian Maritime Safety Authority
|
ANARE
|
Australian National Antarctic Research Expedition
|
ANZECC
|
Australia and New Zealand Environment and Conservation
Council
|
ANZMEC
|
Australia and New Zealand Minerals and Energy Council
|
CCAMLR
|
Convention on the Conservation of Antarctic Marine Living
Resources
|
COAG
|
Council of Australian Governments
|
CSIRO
|
Commonwealth Scientific and Industrial Research Organisation
|
EA
|
Environment Australia
|
EEZ
|
Exclusive Economic Zone
|
EP&BC Bill
|
Environment Protection and Biodiversity Conservation Bill
1998
|
ERC&A
|
Senate Environment, Recreation, Communications and the Arts
Committee
|
ESD
|
ecologically sustainable development
|
GBRMPA
|
Great Barrier Reef Marine Park Authority
|
HOMA
|
Heads of Marine Agencies
|
ICC
|
Island Coordinating Council
|
IGAE
|
Inter-governmental Agreement on the Environment
|
IUCN
|
International Union for Conservation of Nature and Natural
Resources - the World Conservation Union
|
LBMP
|
Land based marine pollution
|
MaSTERS
|
Marine Strategy for the Torres Strait
|
MaSTS
|
Towards a Marine Strategy for the Torres Strait
|
MCFFA
|
Ministerial Council on Forestry, Fisheries and Aquaculture
|
MS&T Plan
|
Marine Science and Technology Plan
|
NEPC
|
National Environment Protection Council
|
NEPM
|
National Environment Protection Measure
|
NHT
|
Natural Heritage Trust
|
nm
|
nautical mile
|
OR 2000
|
Ocean Rescue 2000
|
RAC
|
Resource Assessment Commission
|
SOE Report
|
State of the Environment Report
|
SOMER
|
State of the Marine Environment Report
|
SPREP
|
Convention for the Protection of the Natural Resources and
Environment of the South Pacific Region
|
SPRITS
|
Strategy for the Planning of Resource Integration in the
Torres Strait
|
UNCLOS
|
United Nations Convention on the Law of the Sea 1982
|
WWF
|
World Wide Fund for Nature
|
It is appropriate at the end of 1998, the
International Year of the Oceans, to review Australia's progress
towards better management of its oceans. The paper concludes that
the International Year of the Oceans has increased awareness of
some of the oceans management concerns facing Australia and has
encouraged the development of an Oceans Policy. However, the
opportunity has been lost in 1998 for rigorous discussion of many
of the issues that will shape the future management of our
oceans.
Australia's marine and coastal areas are the
focus of much of its economic, social and recreational activity.
Australia is a world leader in using marine reserves for marine
conservation and management. Marine industries contributed an
estimated $30 billion to national exports in 1998 and represent one
of the fastest growing sectors of the economy as well as a major
area for new industry and job creation. Pressures for surveillance
and enforcement operations to protect Australia's national interest
in the maritime jurisdictional area and adjacent high seas are
likely to increase. 1998 is yet another year in which the resources
of the oceans and ocean administrators were seen to be finite. For
this reason, Australia needs a coordinated policy and legal
framework on which to base oceans management decisions.
The Commonwealth has limited Constitutional
powers in the marine and coastal area and thus responsibility falls
to all three levels of Government. A major constraint on
Commonwealth policy and program development is the
Commonwealth-State division inevitable in a Federal system. A
further constraint is the sectoral nature of the Commonwealth
bureaucracy. A final and major constraint is the lack of adequate
resources and commitment on the part of Government to an inherently
difficult area of national and international endeavour. Oceans
require long-term and resource intensive scientific research and
management.
In 1994, the United Nations Convention on the
Law of the Sea (UNCLOS) came into force and imposed an
international obligation on Australia to manage the marine and
coastal environment within the 200 nautical mile exclusive economic
zone (EEZ). Australia has the third largest such zone in the world.
Australia has also accepted responsibility for a search and rescue
area that is equivalent to one-ninth of the earth's surface.
Management concerns within the Australian EEZ include illegal
fishing, pollution and an increasing number of offshore oil and gas
installations.
In 1995, the Commonwealth Coastal Policy was
released and a multi-party involvement in the development of an
Oceans Policy for Australia began. Any oceans policy development
will now include the concept of ecologically sustainable
development (ESD). In May 1998, Australia's Oceans Policy-an
Issues Paper was released for public comment. There are
several concerns about its scope and priorities, including the lack
of prominence given to indigenous and community issues. It is
anticipated that the final Oceans Policy will be released before
the end of 1998.
The Marine Science and Technology Plan-Draft
for Consultation is a companion document to the Issues Paper.
The Draft Plan, released in June 1998, addresses existing and
emerging priorities for marine science, technology and engineering.
The date for final release of the Plan is uncertain.
There are various existing Commonwealth marine
and coastal programs including at least 15 relevant strategies,
funding to marine science institutions as well as to Commonwealth
Government departments, additional funding under the Natural
Heritage Trust (NHT), development of a National Representative
System of Marine Protected Areas, environmental reporting, and
education.
Implementation of an Oceans Policy would proceed
through administration, education, legislation (including UNCLOS)
and funding. Carriage of issues of ocean policy development and
management has straddled different Commonwealth departments over
time and this has contributed to duplications and omissions. The
critical issue of central co-ordination of both marine and coastal
matters through a Ministerial Council, an Authority or an advisory
body has not yet been adequately addressed.
There are three possible approaches to
implementing Australia's Oceans Policy through legislation:
dedicated coasts and oceans legislation, further developing the one
treaty-one law approach or reforming existing legislation. The
Government appears to have chosen the latter, in part, and various
shortcomings in draft legislation currently before the Senate can
be identified. UNCLOS may be further implemented in Australia in
the areas of land-based marine pollution, National Environment
Protection Measures and regional marine science and technology
centres. Various Australian security, surveillance and enforcement
issues are relevant such as the existing defence exemption from
some environmental laws.
Australia's progress in oceans policy may be
compared with that of other countries. While Australia is
considered among the world leaders in marine science and management
and will shortly become one of the first countries in the world to
develop an oceans policy. However, there is no room for
complacency. Comparisons with Canada, the United States, Europe and
Australia's five oceanic neighbours-New Zealand, Papua New Guinea,
the Solomon Islands, Indonesia and France (both New Caledonia and
the Kerguelen Islands in the sub-Antarctic)-suggest there is much
to be learnt from other countries about the fundamental role of
marine science and technology and options for policy
implementation. Australia's role in the Antarctic should also be
considered.
When the Australian Oceans Policy is finalised,
one hopes it will include a statement of national vision,
associated goals and strategies. The Policy will be judged on its
capacity to:
-
- define a framework of ecologically sustainable development
(ESD), incorporating the precautionary principle and managing
uncertainty
-
- recognise the important role of marine science and
technology
-
- conserve the marine environment particularly with regard to
usage by traditional communities
-
- adopt a cross-sectoral approach to offshore mining and
petroleum, fisheries, shipping, tourism and other marine
industries
-
- protect Australia's defence and security interests
-
- encompass Antarctica, the sub-Antarctic islands and the Indian
Ocean territories, and
-
- guarantee Australia's leadership in marine and coastal
management within the Asia-Pacific Region.
The end of 1998, the International Year of the
Oceans, should not be the end of managing Australia's oceans but
the beginning of a more coherent national strategy. It can be
argued that implementation of marine and coastal policies should be
continued with a financial commitment to scientific and
technological research and development, and appropriate legislation
be developed, along with programs with a long-term focus as an
ongoing part of Australia's commitment to the optimum management of
Australia's oceans. The critical issue of central coordination of
both marine and coastal matters through a Ministerial Council, an
Authority or an advisory body has not yet been addressed. The
danger is that the existence of an Oceans Policy will be a
substitute for active management, legislation and funding. The main
aim is surely to avoid irreparable damage to the three oceans and
three tropical seas for which Australia is responsible.
Many island
nations look to the surrounding seas not only as a source of food
and means of transportation but as much more, as the birthplace of
their folk-tales and their legends, whether of monsters and
maelstroms or of captains courageous.
Not so Australians; our eyes look rather
inwards, drawn by the continental vastness of our land and we
people our tales and legends with bushrangers, not pirates; with
old diggers, not old salts.
In much the same way Australian jurisprudence
for long paid little regard to the three great oceans and three
tropic seas that surround our continent, rich in resources though
they are and providing the sea routes over which all our trade must
pass.(1)
Sir Ninian Stephen
The waters surrounding Australia and its
external territories are part of three large, interconnected ocean
basins of the Southern Hemisphere-the Pacific, Indian and Southern
Oceans together with the tropical Timor, Arafura and Coral Seas.
Descriptions of physical and chemical oceanography, coastal
habitats and marine biodiversity are beyond the scope of this Paper
but the importance of the oceans to Australia must be emphasised.
In the south, 80-90 per cent of marine species are endemic, that is
they are not found elsewhere. Marine industries contributed an
estimated $30 billion to national exports in 1998.(2) Ocean
pollution remains the 'number two' environment concern of
Australians, after air pollution.(3) Australia's marine
jurisdictional zones are shown in Fig. 1.

Australia's Ocean Territory includes the
Exclusive Economic Zone (to 200 nautical miles from the shoreline)
and additional seabed claimable as legal Continental Shelf beyond
the EEZ (all offshore area is Commonwealth territory beyond the
State-controlled three nautical mile zone). The Australian EEZ,
including that off Antarctica, covers about 11 million square
kilometres. In it, Australia has first rights to all resources in
the water column and on and beneath the seabed. The additional
seabed of 5.1 million square kilometres is claimable on the basis
of geoscientific data to be submitted to the United Nations before
2004. Australia has the rights to all resources in this area.
The extent of the Continental Shelf and other
marine zones contained within the 1982 United Nations Convention on
the Law of the Sea (UNCLOS) are shown in Fig. 2.

While the Commonwealth's jurisdiction runs from
the low water mark, the Commonwealth Government decided that it was
more convenient for the States to have this jurisdiction back. As a
result of the Offshore Constitutional Settlement 1979, the
Commonwealth and States negotiated an agreement for the control of
offshore waters which handed back to the States the jurisdiction
out to the three-mile limit. In some cases, 'roll-back' provisions
apply where the States and Northern Territory have not passed
suitable legislation and the Commonwealth jurisdiction extends from
the low-water mark, e.g. sea dumping.(4)
The declaration, in 1994, of Australia's EEZ to
extend 200 nautical miles (nm) offshore, the third largest such
zone in the world, drew attention to Australia's obligation to
manage the marine and coastal environment within the EEZ. This was
the year in which UNCLOS came into force and imposed an
international obligation on Australia. The Convention offers
several advantages to Australia: it gives legitimacy to its
extensive claims to the EEZ, offers security to the sea transport
of its exports and provides new opportunities. This new role also
requires Australia to frame a national policy for the management
and control of marine resources.
It is appropriate at the end of 1998, the
International Year of the Oceans declared by the United Nations
Educational Scientific and Cultural Organisation (UNESCO), to
review Australia's progress towards accepting the oceans and seas
as an integral part of Australia and not just as a zone suitable
for careless exploitation of living resources, dumping of wastes
and inconsiderate marine and coastal planning. A review of the
legislative and administrative framework needed for effective
management of the EEZ is also required. Australia has not yet
produced and implemented an Oceans Policy. Implementation of marine
and coastal policies by the Commonwealth Government will be judged
on an appropriate financial commitment to scientific and
technological research and development; on legislative progress to
manage this area; on the development of programs with a long-term
focus; and on education.
1998 is yet another year in which the resources
of the ocean were seen as finite. The resources of ocean
administrators are also finite, emphasising the need to set
priorities. Yet the extent of Australia's responsibilities are
illustrated, e. g., by the fact that it was called on to rescue the
round-the-world balloonist Steve Fossett from the Coral Sea (17
August 1998) and to apprehend trawlers engaged in illegal fishing
for Patagonian toothfish within the vast Australian EEZ stretching
towards Antarctica (22 July 1998).
Oceans are a global environmental concern, like
greenhouse gases, and this has reinforced the role of international
oceanic agreements. Much needs to be done to implement the
international conventions, such as UNCLOS, to which Australia is
party. There is movement of pollution offshore, oil spills,
migratory fish and deep-sea bed minerals may cross or be found on
international boundaries. Many of Australia's tropical marine plant
and animal species are Indo-Pacific regional or are world-wide in
their distribution. An international approach is needed, with
Australia-it is to be hoped-a leader in the Asia-Pacific
Region.
This Research Paper sets out to review
Australia's existing marine and coastal policies and provide
international comparisons, discuss the Oceans Policy Issues Paper
released by the Government in 1998 and consider the implementation
of an Oceans Policy in Australia through legislation,
administration and funding. This Paper will touch on major points
in the development of policies and outline the basic issues.
Development of an Oceans Policy must be within a
policy framework that contains three sets of potentially competing
pressures:
-
- Commonwealth Government-State Government relations
-
- Commonwealth Government inter-departmental divisions, and
-
- allocation of Government resources.
The Commonwealth has limited Constitutional
powers in the marine and coastal area and thus responsibility falls
to all three levels of Government. A major constraint on
Commonwealth policy and program development is the
Commonwealth-State division inevitable in a Federal system. The
majority of State and Territory governments are pursuing
initiatives to improve the management of the marine and coastal
zones within their jurisdictions. However, legal and management
standards vary between States. Local government, with its planning
and development responsibilities, is also addressing marine and
coastal management issues. Day-to-day decisions often need to be
taken far from Canberra or an Australian home port. Recently, an
attempt was made by the Council of Australian Governments (COAG) to
reform Commonwealth-State-local government environment policy and
law by defining Commonwealth roles and responsibilities. This
process appears to have been independent of the oceans policy
development process and has not yet been integrated with it.
A further constraint is the sectoral nature of
the Commonwealth bureaucracy. Carriage of issues of ocean policy
development and management has straddled different Commonwealth
departments over time and this has contributed to duplications and
omissions. Because of competing Departmental interests, time was
lost over the decision as to which part of the bureaucracy would be
responsible for oceans policy; it has moved from the Environment
portfolio to the Department of Prime Minister and Cabinet and back
again. The early stages of the development of the policy by
Environment Australia overlooked the role of the defence sector,
perhaps reflecting the sectoral nature of the bureaucracy, but a
broader perspective has now been restored.(5) For historical and
bureaucratic reasons, the marine science and technology sector
(within the Department of Industry, Science and Resources) has been
separated out within the marine and coastal policy process. The new
Department of Agriculture, Fisheries and Forestry is also a key
player. A list of some of the Commonwealth Government institutions
involved in this policy process is at Appendix
1.
A final and major constraint is the lack of
adequate resources and commitment on the part of Government to an
inherently difficult area of national and international endeavour.
Oceans require long-term and resource intensive scientific research
and management.
Resolution of these long-standing dilemmas is a
challenge to be faced in policy development and implementation, and
concepts such as the Offshore Constitutional Settlement which
defines Commonwealth-State responsibilities (Fig.
2), institutional arrangements to ensure cross-sectoral
departmental co-ordination, and ecologically sustainable
development may assist to resolve the likely conflicts.
Sustainable development was placed on the global
agenda through the 1987 report of the World Commission on
Environment and Development entitled 'Our Common Future' (often
known as the Brundtland Report). Sustainable development was
defined as:
Development which meets the needs of the present
without compromising the ability of future generations to meet
their needs.(6)
The concept of ESD has been embraced by many
Australians as a unifying goal for conservation and development and
as a means of managing increasing human demands on the limited
capacity of the natural environment. These principles of ESD were
spelt out fully in the National Strategy (below, Strategies) and have been incorporated in legislation.
One objective of the Fisheries Management Act 1991 (Cwlth)
was to ensure that the exploitation of fisheries resources is
consistent with the principles of ESD and the exercise of the
precautionary principle which is defined thus:
Where there are threats of serious or
irreversible environmental damage, lack of full scientific
certainty should not be used as a reason for postponing measures to
prevent environmental degradation.
The 'precautionary principle' was adopted in
1992 by the Intergovernmental Agreement on the Environment (IGAE)
between the Commonwealth and the States as a cornerstone of
Australian environmental policy and has gained acceptance as a
governance tool. However, the question of who bears the burden of
proof has not been resolved. It has been said that those opposing
development activities only have to claim the possibility of
environmental or social impact, whereas proponents of those
developments have to prove that there is no possibility of
impact.
'Managing for uncertainty' has been incorporated
into the policy framework, requiring that management regimes be
adaptive both in terms of allowing for changes that may alter risk
assessments and being capable of rapid responses to assessments of
adverse impacts.(7) As Dr Nan Bray, recently appointed Chief of
CSIRO Marine Research, explained:
...we do not have the data to develop this
resource sustainably. Development of the marine resources is not
going to wait one hundred years for science to gather the
information needed to ensure sustainable development. The prize is
too rich for that kind of patience to be a realistic expectation.
Without the knowledge to develop marine resources sustainably, we
will see the resource damaged, just as our land-based resources
were.(8)
It is important that these risks are managed in
an appropriate scientific way to minimise damage and create
sufficient opportunities for future generations.
Environment statements of former Prime
Ministers, the Hon Bob Hawke MP in 1989 and the
Hon Paul Keating MP in 1992 announced Australia's
policy relating to the oceans. The 1989 statement, under the
heading Oceans and Fisheries, restated the policy of total
protection of whales, dolphins and porpoises, and considered
conservation of Southern Bluefin Tuna and other fisheries
management issues, such as driftnetting.
In 1989, the McKinnon report, Oceans of
Wealth?, evaluated Australia's marine science and technology
research activities, assessed commercial opportunities and
identified actions which could enhance the performance of these
industries.(9) A series of detailed recommendations covered the
establishment of an Australian Marine Industries and Sciences
Council (AMISC), its initial work program, specific actions to be
undertaken by AMISC and its funding. AMISC was established in April
1994.
Another major initiative, started in 1991, was
Ocean Rescue 2000, a ten year program aimed at the
conservation and sustainable use of the marine environment.(10) The
program had the following elements:
-
- National Representative System of Marine Protected Areas
(on-going)
-
- Australian Marine Conservation Plan (not pursued)
1989
|
Environment statement, the Hon Bob Hawke MP, Prime Minister
|
1989
|
Oceans of Wealth? The McKinnon Report
|
1991
|
Ocean Rescue 2000 programs commenced by the
Commonwealth
|
1992
|
Environment statement, the Hon Paul Keating MP, Prime
Minister
|
1993
|
Resource Assessment Commission Coastal zone inquiry
reported
|
1994
|
Australian Marine Industries and Sciences Council (AMISC)
established
|
1994
|
Australia declared the exclusive economic zone (EEZ) to 200
nm
|
1994
|
United Nations Convention on the Law of the Sea (UNCLOS) 1982
came into force
|
1995
|
State of the Marine Environment Report (SOMER)
released
|
1995
|
Commonwealth Coastal Policy released
|
1995
|
Senate Committee inquiry Marine and coastal pollution
commenced
|
1995
|
Prime Minister, the Hon Paul Keating MP, announced plans for the
development of an oceans policy
|
1997
|
Prime Minister, the Hon John Howard MP, announced plans for the
development of an oceans policy
|
1997
|
Marine Industries Development Strategy developed by
AMISC
|
1997
|
Senate Committee inquiry Marine and coastal pollution
reported
|
1998
|
AMISC discontinued
|
1998
|
Australia's Oceans Policy-an Issues Paper released for
public comment (19 May)
|
1998
|
Marine Science and Technology Plan-Draft for
Consultation released for public comment (10 June)
|
1998
|
Environment Protection and Biodiversity Conservation Bill 1998
referred to Senate Committee for inquiry (12 November)
|
1998
|
Government response to Marine and coastal pollution
inquiry report presented to the Senate (26 November)
|
-
-
- State of the Marine Environment Report (successfully completed
1995)
-
- Marine and Coastal Community Network (on-going)
-
- National Marine Education Program (on-going but renamed
Capacity Building), and
-
- National Marine Information System (continuing).
The 1992 Prime Ministerial statement, under the
heading Marine and Coastal Protection, continued the Ocean
Rescue 2000 program, describing it as 'the first national
inter-governmental program of its kind in the world', formally
established the Marine and Coastal Community Network, provided
further funding for the Great Barrier Reef and supported the
establishment of a Southern Ocean whale sanctuary.
The International Union for the Conservation of
Nature and Natural Resources-the World Conservation Union (IUCN)
proposed guidelines in 1991 for establishing marine protected
areas.(11) These have subsequently been widely adopted and used in
the development of a worthwhile discussion paper by the Australian
Committee of the IUCN about a conservation strategy for the
Australian marine environment.(12)
Almost 60 government reports and inquiries on
Australia's coastal zone have been undertaken since 1960,
reflecting the continuing concern about coastal management.
Preparation of the Commonwealth Coastal Policy effectively began in
1991 when the Commonwealth government requested the Resource
Assessment Commission (RAC) to conduct an inquiry into the
management of the coastal zone. The major recommendation of RAC's
1993 report was that a National Coastal Action Program for the
management of the resources of Australia's coastal zone be adopted
by the Council of Australian Governments (COAG).(13) This program
was not adopted in the Commonwealth Coastal Policy (below, Commonwealth Coastal Policy).
In 1995, the State of the Marine Environment
Report (SOMER) reported on the then current situation and
concluded that the state of Australia's marine environment was
'generally good but...'. Major findings were:
-
- declining marine and coastal water quality
-
- loss of marine and coastal habitat
-
- unsustainable use of marine and coastal resources
-
- lack of marine science policy and long-term research and
monitoring of Australia's marine environment, and
-
- lack of strategic, integrated planning in the marine and
coastal environments.
The SOMER also noted that 'Australia does not
have a clear direction or agreed national strategy for managing its
coastal or marine environments'.(14) Since the publication of
SOMER, a number of initiatives such as the Commonwealth Coastal
Policy, the Coasts and Clean Seas program and the
Marine Industry Development Strategy have attempted to
improve this situation.
Later in 1995, the Commonwealth Coastal Policy, a response to RAC's 1993
report, was released, and commenced as follows:
The aim of the Commonwealth Coastal Policy is to
promote ecologically sustainable use of Australia's coastal
zone.
Specific objectives for sustainable resource
use, resource conservation, public participation, and knowledge and
understanding provide the focus for Commonwealth activities in the
coastal zone.
Principles are established to guide decision
making that affects the coastal zone.
The Policy sets out a program of action.
The program aims to achieve specific practical improvements to
coastal management. The actions focus on four broad fronts:
(a) increasing community, including Aboriginal and Torres Strait
Islander peoples', involvement in coastal management.
(b) addressing the most pressing coastal problems, such as coastal
development and pollution;
(c) enhancing awareness, promoting education, and improving the
knowledge, experience and information available to coastal
managers, planners and users; and
(d) promoting Australian coastal management expertise in
neighbouring regions.(15)
The Commonwealth Coastal Policy, at p.41,
promoted the development of an Australian Marine Conservation Plan,
rather than a marine policy, and advised, at p. 67, a major
evaluation of the Coastal Policy after three years. Neither of
these has happened.
Mention should be made of the instrumental role
that the Royal Australian Navy played in developing and promoting
the concept of an Oceans Policy in a series of high-level
workshops, long before political parties adopted the policy
direction.(16)
On 26 June 1995, the Senate adopted terms of
reference for an inquiry into marine and coastal pollution to be
undertaken by the Senate Environment,
Recreation, Communications and the Arts (ERC&A) References
Committee, under the Chair, Senator John Coulter of the
Australian Democrats, which included consideration of an 'oceans
management policy'. The Senate Committee reported in October 1997
that 'the need for a national oceans policy has been widely
accepted'. The Committee did not consider what the term 'oceans
policy' meant or how it would differ from the existing Commonwealth
Coastal Policy and did not elaborate on the scientific research
needed to implement an oceans policy, as required under their terms
of reference, but did make some general comments and
recommendations on specific issues (discussed below, Marine Science and Technology Plan).(17)
In December 1995, a detailed report from the
Prime Minister's Science and Engineering Council on managing
science and technology for Australia's ocean territory was tabled,
confirming the interest in oceans management by the scientific
community.(18) The then Prime Minister, the Hon Paul Keating MP,
announced plans for the development of an oceans policy, to be
co-ordinated by the Department of Prime Minister and Cabinet:
An integrated oceans policy for Australia will
assist in dealing with problems in the marine environment, taking
the opportunities offered by our marine areas, and meeting our
obligations under the United Nations Convention on the Law of the
Sea for our Exclusive Economic Zone (EEZ).(19)
The Australian Democrats supported an oceans
management policy. A similar policy was adopted by the
Liberal-National Party Coalition in January 1996 under the
Coasts and Clean Seas initiative when calling for a
'comprehensive and integrated Oceans Policy'. Coasts and Clean
Seas also included a 'cooperative national coastal management
strategy' (which has not been completed), funding for ocean
outfalls, storm water pollution and ballast water research.(20)
The Marine Industry Development
Strategy 1997, was developed by AMISC to advise the government
on how to 'maximise sustainable wealth generation from marine
industries'. It noted that Australia's marine industry growth
performance would not be possible without a strong skill base and
excellent marine research capability. The Strategy also identified
prospects for a number of individual industry sectors (aquaculture,
emerging industries, fisheries, offshore oil and gas, shipbuilding,
shipping transport services and tourism and recreation) and key
issues such as regulation and management of marine industries,
managing for outcomes, multiple use, the need for basic data and
research and training.
Recommendations from the Strategy related to
government marine policy and decision-making, ecologically
sustainable development (and consistent legislation), and
collection and maintenance of basic data. The Strategy considered
that the recommendations should be taken up in developing an Oceans
Policy and the Marine Science and Technology Plan. In February
1998, the terms of appointment of the members of AMISC effectively
expired and were not renewed. Its functions were not transferred
elsewhere.
A year after the change of government, the Prime
Minister, the Hon John Howard MP, announced on 3 March
1997 plans for the development of a Commonwealth Government Oceans
Policy. He said that the government would work with State and local
governments to develop an integrated oceans policy ranging across
all jurisdictions, which would balance the needs of the environment
with the needs of resource security and jobs.(21)
A decision was made by the Council of Australian Governments in November 1997 to
list 30 matters of national environmental significance, including
seven matters contained in Part I, of which 'management and
protection of the marine and coastal environment' is one.
The list of seven matters in Part I and 23
matters in Part II of the COAG Agreement, including at least 21 of
the 30 items that are relevant to the marine and coastal
environment, is a mixture of biological organisms, processes,
localities, chemicals, administrative procedures and others. There
are omissions and duplications and there does not appear to be any
attempt to group or prioritise these environmental matters. A
better approach might have been to list matters arising from
responsibilities under the Australian Constitution, matters arising
from Australia's obligations under international agreements,
matters arising from national legislative responsibilities and
others.
Under the COAG Agreement, 'management and
protection of the marine and coastal environment' is defined
thus:
Commonwealth responsibility involves meeting
obligations contained in international agreements and in
Commonwealth legislation in relation to waters outside those waters
under State control pursuant to the Offshore Constitutional
Settlement, except where formal Commonwealth/State management
arrangements are in place (eg. specific fisheries) or where waters
are under Commonwealth direct management (eg. the Great Barrier
Reef Marine Park). The Commonwealth has a responsibility for
control of sea dumping in Australian waters.
Commonwealth interest involves co-operation with
the States to develop strategic approaches to ensure the management
and protection of Australia's marine and coastal
environment.(22)
'Management and protection of the marine and
coastal environment' as a role and responsibility might be
considered a misnomer, given the limited scope of Commonwealth
responsibilities subsequently defined.
Although the marine and coastal environment
requires management and protection by the Commonwealth (and
includes Commonwealth waters from 3 nm to 200 nm offshore), it is
difficult to understand why it has been singled out when the
atmospheric environment or the land and inland water environment
were not included in Part I of the COAG Agreement. This special
listing of marine and coastal matters in Part I has resulted in an
arbitrary prominence as a separate part of the proposed national
legislative reform (below, The reform of existing
legislation).
In the development of an Oceans Policy, no
mention was made in the Issues Paper of the existing Commonwealth
Coastal Policy and its status needs to be clarified, as there is
potential for confusion. For historical and bureaucratic reasons,
the marine science and technology sector has been separated out
within the marine and coastal policy process and, during 1998,
there has been parallel development of an Oceans Policy and a
Marine Science and Technology Plan. According to some, a
scientifically robust national oceans policy is the most likely way
to ensure that conservation objectives are well defined,
appropriately evaluated and successfully achieved.(23)
Australia's Oceans Policy-an
Issues Paper
Australia's Oceans Policy-an Issues Paper.
Caring-Using-Understanding was released for public comment by
Senator the Hon Warwick Parer, the then Minister for Resources and
Energy, on 19 May 1998.(24) A series of Background Papers
and Issues Papers supported the Issues Paper. In preparing the
Issues Paper, there was discussion between the Commonwealth, States
and local government and an opportunity for public input. A
background briefing described the need for an oceans policy,
consultative actions to achieve the policy outcome (including an
Oceans Policy Forum held in Canberra in December 1997) and recent
government actions to protect temperate waters.(25) When a public
consultation period ended on 15 July 1998, 502 submissions and
questionnaires had been received. Most of these comments have not
been made public and it is not known to what extent they will be
incorporated into the final document. It is anticipated that the
final Policy will be released by the Government before the end of
1998.
The sub-title of the Issues Paper is
Caring-Using-Understanding. It could be argued that this
phrase should be re-arranged to Understanding-Caring-Using
to give the concept of scientific understanding its due prominence
as a first step, prior to utilisation. The Independent World
Commission on the Oceans, of which Dr Peter Bridgewater of
Australia is a member, considers that:
It is also central to our efforts to acquire the
scientific knowledge to better understand the oceans and the
relationships between the seas and human activity...systematic
efforts be made to subject technologies for the exploration and
exploitation of marine resources to prior assessment of their
environmental and social impacts in order to minimise negative
effects on the oceans and coastal zones.(26)
Some have questioned why Conserving was
not included in the sub-title but it may be that the Issues Paper
intended the word Caring to include both stewardship and
conservation.
The Issues Paper begins:
A Vision for Australia's Oceans
Healthy, productive oceans, providing benefits
for all Australians now and in the future.
Goals for Australia's Oceans Policy
In caring for, using and understanding our
oceans, Australia's Oceans Policy has the following broad
goals:
to exercise and protect Australia's rights and
jurisdiction over offshore areas, including offshore resources;
to understand, monitor and conserve Australia's
marine biological diversity, the ocean environment and its
resources and ensure that oceans uses are ecologically
sustainable;
to promote economic development through
ecologically sustainable marine industries;
to accommodate identified and agreed community
interests, needs and responsibilities; and
to improve and use our expertise and
capabilities in ocean-related management, science, technology and
engineering.
These goals are unexceptional and similar to
those pursued in the Commonwealth Coastal Policy 1995 and to those
being pursued in other countries (below, Oceans
policy-International comparisons). It is difficult to comment
on the final policy direction but concerns about the Issues Paper
may be summarised as follows.
Scope
The Oceans Policy needs to begin with a
consideration of the difference between the coast and the oceans.
It needs to indicate whether this is a policy genuinely distinct in
scope from the Commonwealth Coastal Policy, and complementary to
it, or just an update of the 1995 policy in a different political
context. The terms 'coasts' and 'oceans' do not appear to be
defined in the Glossary of the Issues Paper and their meaning in a
policy context remains unclear. The Commonwealth Coastal Policy did
not properly define the coastal zone. It considered that:
For the purpose of the actions of the
Commonwealth, the boundaries of the coastal zone are considered to
extend as far inland and as far seaward as necessary to achieve the
Coastal Policy objectives, with a primary focus on the land-sea
interface.(27)
The cover of the Issues Paper and the homepage
of the Web site show waves breaking on a sandy beach, rather
reminiscent of the cover of the Commonwealth Coastal Policy, and
suggest a definition of oceans as the coastal margin rather than
the bluewater. This is the 'inward vision' which concerned Sir
Ninian Stephen in his quote at the beginning of this Paper.
Priorities
It would appear that the goals of the Oceans
policy are not in priority order. It might have been better to use
the concepts of ecologically sustainable development, the
precautionary principle and managing for uncertainty as an
over-arching framework rather than just giving them a mention in
goals 2 and 3. The order of the goals bears little relation to the
order of the subsequent chapters in the Issues Paper, which is:
-
- background to Australia's Oceans Policy
-
- principles for ecologically sustainable ocean use
-
- integrated oceans planning and management
-
- marine industry, science and technology, and
-
- principal actions to develop and implement the Policy including
sectoral approaches to ocean uses and impacts, training and
development, understanding the oceans, protecting the national
interests and performance assessment and reporting.
The goal 'to exercise and protect Australia's
rights and jurisdiction over offshore areas ...' has been
downplayed in the Issues Paper to an action arising out of the
Policy, as 'protecting the national interests' (5.4). The fourth
goal 'to accommodate identified and agreed community interests,
needs and responsibilities' has been similarly downplayed to Public
and community participation (2.1.9 and 5.2.1). The sub-chapter on
Understanding the Oceans (5.3), relegated to an action arising from
the Policy towards the end of the Issues Paper, could be brought
forward so that it precedes planning and management (Chapter 3). It
is also an integral part of the Marine Science and Technology Plan
(Chapter 4).
Administrative process
The Issues Paper begins its chronological
discussion in early 1997 and avoids any reference to the long-term
and ongoing involvement by several political parties, industry
sectors, scientists and the general community in the development of
an Oceans Policy. The distinction between a 'Commonwealth' policy
and a 'national' policy is not made. Since the policy has been
named 'Australia's Oceans Policy' one would assume it would apply
to both State and Commonwealth waters.
An unexpected omission from the Issues Paper was
any consideration of legislation as a means of implementing the
policy, particularly at a time when major environmental legislative
reform is before the Parliament. This matter is considered below at
Legislation.
Marine Science and
Technology Plan
The Marine Science and Technology Plan-Draft
for Consultation is a companion document to Australia's
Oceans Policy-an Issues Paper.(28) The Draft Plan, released on
10 June 1998, addresses existing and emerging priorities for
marine science, technology and engineering, including those
identified in the Oceans Policy Issues Paper. It draws upon 68
submissions received by the then Department of Industry, Science
and Tourism from the public in response to the Scoping Paper for
the Plan (released in May 1997). The Draft Plan provides, under the
framework of the Oceans Policy:
a strategy for integrated and innovative
science, technology and engineering, conducted in the national
interest to guide the exploration and ecologically sustainable
development and management of the marine resources under our
jurisdiction, and the development of sustainable maritime
industries;
a key to better understanding of the marine
environment and its living, mineral and energy resources; and
an effective framework for well focussed,
concerted action in both the short and long term by the Australian
marine science, technology and engineering community, adding value
by creating opportunities for significantly increased
cooperation.
Goals and objectives are defined for each of the
three programs as 'understanding the marine environment, utilising
the marine environment and infrastructure for understanding,
utilising and managing the marine environment'.
A key recommendation of the Marine Industry
Development Strategy relating to all levels of government
regularly reviewing their policies by consulting and coordinating
does not appear to have been picked up in the draft Plan or in the
Issues Paper. The draft Marine Science and Technology Plan
(MS&T Plan) recommends the establishment of a coordinating
Council with specialist and Commonwealth-State representation, to
facilitate the Plan's implementation, maintain a focus on national
priorities, and report to Government. The Issues Paper notes that
the Policy 'will aim to integrate decisions across industry sectors
and government jurisdictions'.(29) Mechanisms to achieve this are
not specified and there is no consideration of 'regular review'.
Other recommendations of the Marine Industry Development
Strategy are progressed in the draft MS&T Plan at
Program 2: utilising the marine environment (which includes
economically as well as ecologically sustainable development); and
at Program 3, Objective 4 marine data management.
The Senate ERC&A Committee (above, Senate Committee) recommended that the Marine
Science and Technology Plan include: coordination and
standardisation of the collection and management of information
relating to the marine environment (Recommendation 22) which is
addressed by the draft Plan at Program 3 (Objective 4);
long-term funding for taxonomic research and museum collections
(Recommendation 19) which is addressed in Program 3 Objective 1 and
Program 2 Objective 10; and a Commonwealth group of scientists to
undertake study of Australia's southern waters (Recommendation 21)
which is not considered in the uncompleted Program 3 Introduction
but in Appendix 5.
Timing for the release of the final Marine
Science and Technology Plan is uncertain.(30)
Australian governments in recent years have
produced a proliferation of Strategies for implementation of
international agreements on the environment, sometimes in the
absence of a formal policy or legislative framework. The major
strategies are:
-
- National Strategy for Ecologically Sustainable Development,
endorsed by COAG in December 1992,(31)and
-
- The National Strategy for the Conservation of Australia's
Biological Diversity, endorsed by Commonwealth and State
Governments in early 1996.(32)
Examples of other strategies relevant to the
oceans include:
-
- An Australian National Strategy for the Conservation of
Australian Species and Communities threatened with Extinction,
1992(33)
-
- National Greenhouse Response Strategy, December 1992(34)
-
- Towards a Marine Strategy for Torres Strait (MaSTS),
1993(35)
-
- National Ecotourism Strategy, 1994(36)
-
- Towards a National Cruise Shipping Strategy, April
1994(37)
-
- A Waste Management Strategy for Australia's Antarctic
operations, May 1994(38)
-
- Recreational Fishing in Australia. A National Policy, December
1994(39)
-
- Conservation Strategy for the Australian Antarctic Territory,
(not completed)(40)
-
- Australian Ballast Water Management Strategy, December
1995(41)
-
- Marine Industry Development Strategy, January 1997(42)
-
- The National Weeds Strategy, June 1997(43)
-
- Tourism. A ticket to the 21st Century, 1998,(44)
and
-
- Marine Strategy for the Torres Strait (MaSTERS), in
preparation.(45)
It will be a challenge for an Oceans Policy to
draw together the key elements of these strategies and it is
inevitable that there will be inconsistencies. The main concern is
that these strategies be linked to decision making as one means of
implementation (below, Other plans).
Funding for the coasts and oceans has been
ongoing in the absence of an Oceans Policy. The Commonwealth
government funding includes:
-
- CSIRO Marine Research at Hobart, Tasmania, Cleveland,
Queensland and Marmion, Western Australia for research
nationally
-
- the Australian Institute of Marine Science in Townsville,
Queensland
-
- the Australian Antarctic Division in Hobart. The Division
supports research on oceans and marine life, atmosphere, climate
change and protection of the Antarctic environment
-
- the Bureau of Meteorology in Melbourne for oceanographic and
hydrological monitoring
-
- the Australian Geological Survey Organisation
-
- Environment Australia
-
- Bureau of Resource Sciences
-
- the Australian Maritime Safety Authority in Canberra, and
-
- the Naval Hydrographer within the Royal Australian Navy.
This funding provides for a national network of
Commonwealth institutions. The Heads of (Commonwealth) Marine
Agencies (HOMA), a voluntary grouping, provides a continuing forum
for information exchange on marine matters within the Commonwealth
Government. HOMA and the Commonwealth Spatial Data Committee have
also established a Marine Data Group, which in turn has created a
number of Technical Advisory Groups concerned with specific fields
of marine data.
Funding under the Natural Heritage Trust
Additional funding has recently been provided
for environmental aspects of the oceans under the Natural Heritage
Trust (NHT), which is funded from the proceeds of the partial sale
of Telstra Corporation. The Minister for the Environment, Senator
the Hon Robert Hill and the then Minister for Primary Industries
and Energy, the Hon John Anderson MP issued a joint statement
Clean Beaches, Less Pollution, Healthier Oceans on 22 July
1997 which outlined funding under the Coasts and Clean Seas program
of $125 million over five years.
This funding has enabled the Oceans Policy to be
developed and remedial environmental work to be undertaken. It is
important that Government funding be allocated consistent with
policy directions. The integration of marine science into the
Oceans Policy and into its implementation is fundamental. There
have been a number of national concerns about the Coasts and
Clean Seas program, for example, certain members of the
scientific community consider that some of the funding has gone to
projects that could not be defined as 'scientifically robust', and
there has been a lack of biodiversity expertise on the Selection
Advisory Panels and a lower expenditure than the financial
commitment.(46) These issues will no doubt be addressed by the
Annual Report of the Natural Heritage Trust 1997-98, due for
tabling in December 1998, and the report of the Auditor-General, as
required under the Natural Heritage Trust Fund Act
1997.
Australia is a world leader in using marine
reserves for marine conservation and management. Many of these
reserves are jointly managed between the Commonwealth and the
States. The Great Barrier Reef Marine Park, the world's largest
coral reef complex and a World Heritage site, is managed by the
Commonwealth Great Barrier Reef Marine Park Authority (GBRMPA),
with the Queensland Department of Environment and Heritage
responsible for day-to-day management. In addition, Ningaloo Marine
Park, an extensive fringing reef, was established in 1987 in
Commonwealth and State (WA) waters. Solitary Islands Marine Reserve
includes Commonwealth and State (NSW) waters in a unique area of
tropical-temperate overlap which includes coral communities,
mangroves, rock platforms and rocky reefs.
Most marine reserves are on the east coast of
Australia and especially along the Queensland coast. Large sections
of Australia's marine environment still have few or no marine
reserves. In 1991, the Commonwealth government, as part of the
Ocean Rescue 2000 program, made a commitment to support State and
Territory governments in the development of a National
Representative System of Marine Protected Areas. This program has
been continued by the present Government in its Coasts and
Clean Seas program and will partly fulfil Australia's
obligations under the Convention on Biological Diversity 1992, the
National Strategy for Ecologically Sustainable Development 1992 and
the National Strategy for the Conservation of Australia's
Biological Diversity 1996.
To obtain a 'representative' system, it was
first necessary to delineate the marine bioregions of Australia for
marine conservation planning and for bioregional or ecosystem
management. An ecosystem-based classification for marine and
coastal environments was developed over several years, culminating
in the Interim Marine and Coastal Regionalisation for Australia
(IMCRA) of June 1998, which can now be used to assess the
representativeness of regions in protected areas. A total of 59
bioregions were identified. The map of the IMCRA is not suitable
for reproduction here and the interested reader is referred to
http://www.biodiversity.environment.gov.au/protecte/nrs/marine.htm
Each year, the World Wide Fund for Nature (WWF)
Australia produces a Protected Areas Report Card that assesses
progress towards a comprehensive system of terrestrial protected
areas. This year, in recognition of the Year of the Oceans, the
report card assessment has changed its focus to marine protected
areas. Its overall assessment was:
There is still considerable work to be done if
Australia is to protect its diverse marine environment. Some
Governments [Queensland, Tasmania and Western Australia] are
clearly doing better than others [New South Wales, Northern
Territory, South Australia and Victoria], but there is ample room
for improvement.(47)
and for the Commonwealth marine protected
areas:
Lacking representative coverage. Very strong
emphasis on reserves allowing resource extraction. Overall grading
D.(48)
Since the WWF's 1997 assessment, there has been
progress by the Commonwealth in increasing representative coverage
in areas such as:
proclamation of the Great Australian Bight
Marine Park;
Marine Protected Areas in the sub-Antarctic
regions around Macquarie Island, Heard and McDonald Islands, now
World Heritage listed; and
proposals for new marine protected areas,
including seamounts off Tasmania.(49)
Marine areas currently managed by Parks
Australia are shown at Fig. 3.
The WWF concern about the 'strong emphasis on
reserves allowing resource extraction' remains valid. Nearly all of
the marine protected areas in Australia (92.7%) are for
multiple-use, with a small number dedicated to sanctuaries and
preservation (compare New Zealand). This may
have been the result of using the Great Barrier Reef Marine Park as
a model for other reserves. It has been argued that 'multiple use'
of the oceans is the normal situation and the creation of a marine
park should involve additional management constraints. It should be
noted that management plans prepared for these reserves do allow
zoning to include sensitive areas where there is no resource use.
As the Australian Conservation Foundation (ACF) explained:
When it was first proposed for the Great Barrier
Reef, 'multiple use' was hailed as the beginning of a new era in
environmental protection. Ecology was at its core. But times have
changed. Industry and government have turned the concept on its
head and now use it to argue for the exploitation of our national
parks. [There is a] need to reinvent the concept before it is
applied to Australia's oceans.(50)

A Marine Reserves Plan, as part of the
implementation phase of the Oceans Policy, might go some way
towards addressing the concerns of the ACF.
Commonwealth involvement in the management of
offshore mining and petroleum, fisheries, shipping, tourism and
other marine industries is ongoing and has been discussed above at
Marine Science and Technology Plan with
regard to the MS&T Plan. The extent of responsibilities is
shown below in Figures 4 and 5.


In 1984, Australia's marine resources were worth
about $16 billion a year; by 1998 this had increased to about $52
billion and by 2020 will exceed $120 billion a year. Marine
resources represent one of the fastest growing sectors of the
economy and a major area for new industry and job creation. The
precise value of Australia's marine resources is hard to assess as
separate statistics are not kept. However, the following 1998
breakdown emphasises the particularly high value of marine
tourism.(51)
Sector
|
Value ($ billion)
|
|
|
Tourism
|
36
|
Oil and gas
|
10
|
Shipping
|
2.2
|
Fisheries and aquaculture
|
1.8
|
Ship and boat building
|
1.5
|
Other
|
0.5
|
|
|
Total
|
52
|
The 1995 State of the Marine Environment
Report (SOMER), under the Ocean Rescue 2000 program, set a
once-off benchmark for Australia's reporting on the coasts and
oceans.(52) Australia now undertakes a five-year cycle of
Commonwealth reporting on the total environment. The State of
the Environment (SOE) Report 1996 reviewed progress towards
ecological sustainability. As far as the oceans are concerned, it
identified:
'good news' as oceans and estuaries in
unpopulated areas good, some success in fisheries management,
community-based environmental monitoring increasing and 'bad news'
as high, rapid biodiversity loss; habitat loss at an alarming rate;
adverse impact of human activity on coastal zone and aboriginal
health poor.
The innovative management of complex systems
such as the Great Barrier Reef Marine Park was cited as a success.
Contributors to a poor record included the structural problems
between governments, varying environmental standards between
states, inadequate measures to prevent biodiversity loss, lack of
integrated, ecosystems approach to management of resources and
decision making not linked to national strategies.(53)
The State of the Environment Report is
but one aspect of Australia's reporting system on the oceans to
various international and regional agencies such as the Scientific
Committee of the International Whaling Commission (annual), the
Conference of the Contracting Parties to the Convention on Wetlands
(as required) and the United Nations Commission on Sustainable
Development. Until 1992, there were publicly available reports of
members' activities in the convention area presented to the
Convention on the Conservation of Antarctic Marine Living Resources
(CCAMLR) (annual). Experts from the Organisation for Economic
Co-operation and Development (OECD) prepare reports on the
environmental activities of their members (periodic). A recent
innovation is the State of the Great Barrier Reef World
Heritage Area 1998 report.
The Year of the Oceans stimulated a range of
educational activities, although they were rather limited. No extra
activities were undertaken by the Australian National Maritime
Museum or the Australian Antarctic Division. At a time of expanding
use of the Internet, a number of Australian and international sites
hosted special features for the International Year of the Oceans,
which are listed at Appendix 3, as well as
other useful Australian marine sites.(54)
In Australia there are annual events such as Sea
Week in March, World Maritime Day on 24 September(55) and
Ocean Care Day on 6 December. In 1998, there were a number of
additional conferences with a regional focus: Year of the Ocean
conference focussing on the Tasmanian and Southern Oceans,
Hobart, Tasmania, 30 September-3 October; Indian Ocean
Conference, Perth, WA; and the International Year of the
Ocean Asia-Pacific Conference, Brisbane, Queensland, 26-27
September. These conferences addressed ocean law and policies,
oceanography and climatology, living resources of the ocean, and
offshore hydrocarbon and mineral resources. A well-attended
Symposium series was held in Hobart, Tasmania to address marine
issues, hosted by the Royal Society of Tasmania and others.
Australia Post even launched a Planet Ocean series of stamps and
collectibles, although it did not mention the International Year of
the Oceans in its publicity. Clean Up Australia continued its
community activities.
What was lacking was a dedicated national event
such as the National Ocean Conference held in Monterey, California
in the United States on 11-12 June 1998, attended by President Bill
Clinton and Vice President Al Gore to demonstrate their
administration's commitment to addressing critical ocean issues.
This Conference produced some excellent background material.(56)
The Council of Europe also held a special conference (below,
Parliamentary Conference on the Oceans).
In an Oceans Policy, the role of Aboriginal and
Torres Strait Islander communities should be given due emphasis. It
could be argued that in the Issues Paper, the 'responsibilities and
interests' of indigenous Australians should be an over-arching
consideration, endorsed by the policy, instead of a brief section
in the Background (Issues Paper 1.5) and again in Principal Actions
(5.1.11), in the same way that ESD principles should provide a
framework for the policy. The interested reader is referred to the
Oceans Policy Issues Papers series No. 6 Saltwater
Country: Aboriginal and Torres Strait Islander Interest in Ocean
Policy Development and Implementation.
A successful, although little-known, marine
management process has been underway in the Torres Strait, between
Australia and Papua New Guinea, for a number of years. In 1993, an
'open public process', as described by Getano Lui Jr, Chairman of
the Island Coordinating Council (ICC), came to fruition with the
preparation of the MaSTS Strategy, which was a pilot project which
might offer some solutions to regional marine management problems
in other parts of Australia. Its purpose was:
to establish a comprehensive management
framework which will permit optimum exploitation of the region's
limited resource base, consistent with the needs of indigenous
Torres Strait Islanders, sustainable development and minimal
environmental disturbance.(57)
The framework was based on the best available
scientific data prepared by CSIRO Marine Research, in their
Torres Strait Conservation Planning Project.(58) A
Strategy for the Planning of Resource Integration in the Torres
Strait (SPRITS) will ensure that decisions on activities in
the Torres Strait Protected Zone support the ecologically
sustainable use of the region's natural resources (Issues Paper 1.5
but not at 5.1.11). Rather than a formal strategy, this appears to
be a Web resource (Internet based) which will provide a directory
of related sites.
The draft Marine Strategy for Torres
Strait (MaSTERS) was tabled by the ICC at the recent Torres
Strait Environment Management Committee meeting but is not yet in
the public arena. The development of this strategy, with
Environment Australia (EA) funding, was not mentioned in the Issues
Paper at section 1.5 or 5.1.11, although it is presumably an
integral part of the indigenous component of the Oceans Policy.
Integration of these different Torres Strait initiatives is
essential for policy implementation.
The Australian Marine Sciences Association, in a
comment on the Issues Paper and the Marine Science and
Technology Plan, considered that:
AMSA's main concern at this stage is that the
measures proposed in both papers will be adequately funded and
effectively administered ... it would be a tragedy if the new OP
and MST Plan were to be given no more than resources already
committed, and were to be shelved along with the plethora of
earlier reports on marine and coastal matters. I urge these
policies be supported with new resources and effective new
institutional arrangements.(59)
The means of implementing the proposed policy
through administration, education, legislation (including UNCLOS)
and funding are now considered.
In releasing the Issues Paper for the Oceans
Policy (above, Australia's Oceans Policy-an Issues
Paper), Senator the Hon Warwick Parer, the then
Minister for Resources commented that 't[T]he issues paper
recognises the effectiveness of the existing management
arrangements for the offshore petroleum and fishing industries. The
Oceans Policy will build on these [existing] arrangements rather
than creating a new statutory authority to manage our oceans'.(60)
The lack of a new authority dedicated to 'overlooking' the oceans
was considered disappointing by many who have wanted as a minimum
an agency to take responsibility for ecological sustainability of
oceans.(61)
Such an administrative arrangement, with a
central authority to coordinate marine and coastal affairs, was
proposed in 1993 by the RAC and again in 1997 by the Senate
ERC&A Committee, which considered that the proposed authority
should report direct to COAG because of its importance.(62) A
government response to the recommendations of this inquiry was
presented to the Senate Chair of Committees on 26 November 1998 and
stated that:
... many of the issues covered by the
recommendations of this Inquiry, including institutional
arrangements for Australia's marine jurisdictions, are being
considered in the context of the development of Australia's Oceans
Policy and the Marine Science and Technology Plan. The Policy and
the Plan will be finalised in mid-1998 (63)
A National Coastal Management Authority was
again proposed in 1998 by the Australian Democrats. A central
coordinating agency for coasts and oceans is a cornerstone of
current US policy development (below, Northern
Hemisphere oceans).
The role of local government in implementing an
Oceans Policy is considered important but is not further addressed
here.
As well as the completed Action Plan for
Australian Cetaceans (whales, dolphins and porpoises)(64), and the
Marine Science and Technology Plan and the AQUAPLAN that are being
developed, there may be other plans needed to implement the Oceans
Policy such as a National Marine Conservation Plan, a Marine
Reserves Plan, a Conservation Plan for the Australian Antarctic
Territory, a Marine Industries Plan and a Security, Surveillance
and Enforcement Plan. Such plans should pay due regard to existing
strategies.
While the State of the Environment
Reports provide a sophisticated reporting process every
five years, consideration should be given to whether other sectors
should report in a similar fashion. The sectoral reports for marine
science and technology are found in the annual Science and
Technology Budget Statements which provide information, for
example in 1998-99, on marine research and strategic planning,
geophysical initiatives relating to Law of the Sea and marine
environment research. The fisheries sector reports through the
Fishery Status Reports of the Bureau of Resource Sciences.
These are much less detailed reporting processes than for the
environment sector and are restricted to Commonwealth Government
activities.
There are three possible approaches to
implementing Australia's Oceans Policy through legislation:
dedicated coasts and oceans legislation, further developing the one
treaty-one law approach or reforming existing legislation.
Dedicated
oceans legislation
One option for Australia is to develop dedicated
oceans legislation, as the Americans are considering in their
Oceans Act 1997 (US) (below, Oceans Act 1997
(US)). The outcome of their deliberations is awaited. This
approach has been supported by some in Australia but is not yet
widely accepted. The Canadians have passed an Oceans Act 1996
(Canada) for the management of estuarine, coastal and marine
ecosystems. The Canadian legislation however should not be used as
a model for any possible Australian legislation without critical
review as it not substantial. Any dedicated Australian oceans
legislation would need to be carefully integrated with existing
legislation and proposed Bills.
One treaty-one
law approach
Australian legislation has often followed a one
treaty-one law pattern even more so than in, say, the United
States. This is as much the case for oceans legislation as onshore,
if not more so, because of the strength of international agreements
in a global environment like the oceans. The relationship between
some international agreements to which Australia is party and
national legislation is shown in Appendix 2. As
the Minister for the Environment, Senator the
Hon Robert Hill, has pointed out, much of the national
environmental legislation in Australia has developed in a
'piece-meal' fashion.(65)
To continue with this one treaty-one law
approach would require reconsideration of existing legislation and
additional legislation to further implement international
agreements. The Convention for the Protection of the Natural
Resources and Environment of the South Pacific Region (SPREP) is
the only regional convention to which Australia is party that
addresses land based marine pollution (LBMP) and it would confirm
Australia's commitment to this convention to initiate national
legislative activity on LBMP. SPREP, like UNCLOS, should be
regarded as a framework agreement as neither provides detail as to
how the various obligations are to be implemented, but legislation
remains an option. (66)
The detailed consultancy on International
Agreements prepared as part of the oceans policy development(67)
seems to have been little considered in the Issues Paper, or at
least the further implementation by domestic legislation of the
international agreements to which Australia is party.
The reform of existing
legislation
Rather than continue with the one treaty-one law
approach, the government has decided on a reform of environmental
legislation that will combine several Acts. The COAG decision
listed seven matters of national environmental significance to
include in the proposed reform of national legislation (above,
Council of Australian Governments). The
legislation that relates directly to implementing part of the
proposed Oceans Policy, the Environment Protection and Biodiversity
Conservation Bill 1998 (EP&BC Bill), was introduced to
Parliament on 12 November 1998 and is currently before the Senate
Environment, Communications, Information Technology and the Arts
Legislation Committee. A Bills Digest is in preparation.
The EP&BC Bill includes the Marine and
Coastal Environment as a matter of national environmental
significance (at Chapter 2, Part 3, Division 1, Subdivision F).
Other parts of the Bill also relate to marine matters, e.g.
Assessment of Commonwealth-managed fisheries (Chapter 4, Part 10,
Division 2). The Commonwealth has substantial management
responsibilities for Commonwealth waters which need to be addressed
in legislation but concerns have been raised about the marine
environment being placed in a separate section of the legislation;
the creation of an extensive list of marine species separate from
the list of endangered species; possible inconsistencies between
the level of environment protection for the oceans compared to
other realms; and potential disputes at the marine-land
interface.(68)
The EP&BC Bill incorporates some
international agreements relevant to the oceans into the proposed
legislation but leaves others to be implemented by existing
legislation, e. g. sea dumping (Appendix 2).
The inclusion and exclusion does not appear to follow any
discernible pattern, which seems to run counter to one of the
Minister's initial reasons given for reforming the legislation.
The EP&BC Bill was introduced to the
Parliament prior to the completion of the Oceans Policy process and
with no mention of that process.(69) This seems to lessen the
relevance of the formal Oceans Policy document in legislative
terms. On the other hand, a number of policies relevant to the
oceans and a Strategy for Ecologically Sustainable Development,
among other strategies, have been in place for many years, as
described above at p. 18. It will be a challenge for the government
to ensure that the EP&BC Bill is amended to be consistent with
the final Oceans Policy, or should it be the other way round, the
Oceans Policy reworked to be consistent with the final legislative
outcome? Either way, there is a need to integrate the two
processes.
The effective implementation and
enforcement of the vast range of international ocean law
now available remains the top priority for oceans law identified by
Agenda 21 of the UN Conference on Environment and Development held
in Rio de Janiero from
3-14 June 1992 the(Rio Earth Summit
).(70)
The UNCLOS was negotiated with about 150
countries and resulted in a text which provides a comprehensive
code of legal principles regarding human activities at sea. The
UNCLOS covers issues such as maritime zones; the limits of maritime
boundaries; fisheries and marine resource conservation and
management; piracy; transit passage through international straits;
protection and preservation of the marine environment; marine
scientific research and mining of the deep seabed. The 1982 UNCLOS
entered into force on 16 November 1994 with Australia a party
to the Convention.
One important aspect of the Convention is that
it confirms the international legal concept of the EEZ which
extends, in Australia's case, up to 200 nm from the coast. The
Australian EEZ was declared on 1 August 1994 and provides Australia
with sovereign rights over its living and non-living resources.
UNCLOS obliges Australia to protect and preserve the marine
environment in the zone (Article 192) and exploit its marine
resources accordingly (Article 193).(71) As Dr Nicholas Brunton
explained to a Senate ERC&A Committee hearing:
If we are to examine the current approach of the
Commonwealth in relation to the Law of the Sea, the legislation
that has been so far enacted has been focused on the potential to
extract resources from the Exclusive Economic Zone rather than
administer our obligations to protect the marine
environment.(72)
Some, such as Ms Caroline Williams, even
considered that:
Australia has failed to protect and preserve the
marine environment, as instructed in the UNCLOS.(73)
The Convention requires Australia to further
advance knowledge of its EEZ by undertaking marine scientific
research and this is discussed elsewhere in this paper. The
Convention also reflects the current concerns about achieving
ecologically sustainable development within the EEZ. This has been
considered a necessity as an over-arching principle for the Oceans
Policy (above, Ecologically sustainable
development).
Marine
pollution
The Convention requires Australia to cooperate
to prevent land-based marine pollution (LBMP) and to work
internationally to achieve this. Part XII of UNCLOS deals with the
protection and preservation of the marine environment. It contains
two specific provisions relating to pollution from land-based
sources, namely Article 207 and Article 213.(74) Despite
Australia's obligations to prevent, reduce and control LBMP under
UNCLOS, there is no legislation enacted by the Commonwealth
applying directly to LBMP.(75)
A comprehensive analysis of State and Territory
legislation dealing with marine pollution is beyond the scope of
this Research Paper. It may be found in Marine Pollution Laws
of the Australasian Region by Michael White QC and in a less
detailed form in the submission to the Senate ERC&A Committee
prepared by the Commonwealth Attorney-General's Department.(76)
Any plans that the government may have to
introduce legislation in the Year of the Oceans to further
implement UNCLOS have not been announced.
National
Environment Protection Measures
The National Environment Protection Measures
Bill 1997 (Cwlth) refers to 'ambient' standards, that is standards
of the surrounding air and water, and not to individual industrial
and sewer discharges. A National Environment Protection Measure
(NEPM) for marine and coastal waters is currently being developed.
There are few codes of practice in Australia to regulate diffuse
sources of land based marine pollution. Overseas experience,
principally in the USA, has shown that sole reliance on ambient
standards will not achieve the results of long-term sustainability
of coastal ecosystems. Further, to assist the implementation of
UNCLOS, the Senate Committee in its report on Marine and
Coastal Pollution recommended that there is a need to amend
the National Environment Protection Council Act
1994 (Cwlth) in order to give the Council wider powers to
make NEPMs to address land based marine pollution. The Committee
considered that negotiations with the States should be undertaken
as soon as possible in order to pass the necessary legislation in
each jurisdiction.
Regional marine
science and technology centres
UNCLOS requires the establishment of a national
marine scientific and technological research centre, the
strengthening of existing national centres, particularly in
developing coastal States (article 275), and the establishment of
broadly-based regional centres (articles 276-7). Whilst Australia
does not have a national marine centre, article 275 would encourage
the coordination of all the centres involved in marine science and
technology in Australia (above, Recent funding)
and a greater contribution to marine science and technology in the
Australia-Pacific Region.
Pressures for surveillance and enforcement
operations to protect Australia's national interest in the maritime
jurisdictional area and adjacent high seas are likely to increase.
As discussed in the Introduction to this Paper, Australia has
accepted responsibility for a search and rescue area that is
equivalent to one-ninth of the earth's surface. In addition, there
is more widespread illegal fishing, an increasing number of
offshore oil and gas installations and a greater concern about
protecting the offshore marine environment. Appropriate
surveillance and enforcement provisions are necessary to protect
Australia's remote fisheries resources and a further $16 million
over 4 years has just been announced to protect the Patagonian
toothfish fishery around Heard and McDonald Islands in the Southern
Ocean.(77)
At present, responsibility for surveillance and
enforcement is shared between various government civil agencies,
such as the Australian Customs Service and the Australian Maritime
Safety Authority (AMSA). The Australian Defence Force provides most
of the maritime response capability in offshore areas and carries
out surveillance operations. The Ministerial Advisory Group on
Oceans Policy considered that while 'the Navy should continue to
conduct patrol and enforcement operations in support of civil
agencies', there are a number of other options for responsibility
for increased surveillance and enforcement which could be explored
(Recommendation 94). (78)
There have long been concerns that the defence
forces are exempt from environment legislation. They are able to
carry out activities such as sea dumping and Operation Tandem
Thrust 97, an amphibious training exercise between Australia
and the US Marine Corps, considered to have the potential for
environmental damage to dugong.(79) The formation of an oceans
policy might be an appropriate time to consider whether the defence
forces, in time of peace, should be subject to national legislation
in areas such as this. The Issues Paper, while mentioning Defence
freedom of operations (5.4.1) did not consider the matter. The
Environment Protection (Sea Dumping) Bill 1998, which was scheduled
to have been introduced into Parliament in August 1998, would have
pre-empted a change of policy by removing the Defence exemption for
sea dumping.(80)
In some respects, Australia is a world leader in
marine science and management and will shortly become one of the
first countries in the world to develop an oceans policy. However,
there is no room for complacency; there is much to be learnt from
other countries about the fundamental role of marine science and
technology and options for policy implementation.
In the United States in 1998, the Marine Board
of the National Resource Council in a report Striking a
Balance: Improving Stewardship of Marine Areas recommended the
creation of a National Marine Council and Congress is considering
legislation. The paper Oceans: An Agenda for Action
provides a useful set of goals for the proposed
initiatives.(81)
The proposed legislation, the Oceans Act 1997 (US), calls for the development,
maintenance and implementation of a coordinated, comprehensive and
long-range national policy for domestic ocean and coastal
activities. To accomplish that objective, it would establish a
Presidential Commission to examine ocean and coastal activities and
report within 18 months its recommendations for a national
policy. The Commission would continue to meet at least once every
five years to assess the Nation's progress in meeting the
objectives of the Act. It would authorise the appropriation of
US$6 million during fiscal years 1998 and 1999 for the
Commission to do its work. The Senate version of the Bill would, in
addition, establish a high-level Federal interagency Council
chaired by the Secretary of Commerce to advise the President and
serve as a forum for developing and implementing an ocean and
coastal policy in coordination with non-Federal and international
interests. There is currently no committee action scheduled on
these Bills.(82) As the report Our Ocean Future from the
Heinz Center considered:
The best chance ... lies in the establishment of
an independent commission composed of the nation's ocean leaders
who can recommend the most economically and environmentally
beneficial directions for U. S. ocean policy and programs in the
next century.(83)
Canada has in place a number of coastal and
ocean management 'policies'. The National Marine Parks Policy
1986 stressed conservation of marine resources while
recognising that certain activities such as commercial fishing,
shipping and traditional animal harvesting could be carried on in
marine parks without threatening the values they are intended to
protect. The preamble to the Oceans Act 1996 (Canada) provides a
concise statement of policy and principles to guide the development
and implementation of a national strategy for the management of
estuarine, coastal and marine ecosystems. However, this preamble
may not be legally binding.
The discussion paper Towards Canada's Oceans
Strategy lists issues to be addressed by a national strategy,
placing 'understanding the oceans' first:
Integration of scientific, traditional and local
analysis and knowledge are necessary to manage our oceans
effectively and to provide a sound basis for policy development,
decision-making and management practices.(84)
The adoption of legislation and the proposed
national strategy by Canada, without a formal oceans policy
document, illustrates the varied ways that oceans management is
approached in different countries.
Europe depends upon, and is influenced by,
marine conditions more than any other developed continent and
because of this high profile on marine and coastal matters, the
Council of Europe held a Parliamentary
Conference on the Oceans on 19 March 1998. Three main themes
were: the need to understand the oceans better; the need to develop
the oceans resources in a sustainable fashion; and the need to
ensure that there are in place the right structures and mechanisms
to achieve both these aims.(85) The European Community plays an
increasingly important role in managing discharges of dangerous
substances, municipal wastewater, fisheries and the quality of
bathing waters. Such actions taken by the Community to achieve a
high level of environmental protection can have a beneficial effect
on the marine environment. Discussion of the North Sea conference
is beyond the scope of this paper but in the United Kingdom, under
the Cleaner Seas program, the Department of the Environment,
Transport and Regions has both the coordinating role on marine
environment policy and responsibility for policy on control of
marine pollution from land-based sources.(86)
Australia shares oceanic borders with five
neighbours: New Zealand, Papua New Guinea, the Solomon Islands,
Indonesia, and France (both New Caledonia and the Kerguelen Islands
in the sub-Antarctic). This raises a number of opportunities for
Australia to exchange experience with its neighbours.
The New Zealand
Coastal Policy Statement 1994, required by the Resource
Management Act 1991 (RM Act), provides a policy
framework to promote the sustainable management of the natural and
physical resources of the NZ coastal environment, defining the
coastal environment as extending out to the 12 nm limit of the
territorial sea. One of the reasons given by the NZ government for
the development of the policy was that the controlling legislation,
the Harbours Act 1950, had no provision for coastal
policies or plans, or for public participation in the decision
making process. This situation has now been rectified and the
Policy is implemented through regional coastal plans and control of
restricted coastal activities, both required under the RM Act. The
development of an oceans policy is now under consideration by the
government.
Some economists consider that New Zealand has
made a transition from exploitative to sustainable resource
development as part of its Environment 2010 Strategy.(87)
The fisheries sector is now moving from resource management to
ecosystem management by outlining 12 founding principles that
underpin the Fisheries 2010 Strategy. New Zealand has a
unique approach to indigenous representation in coasts and oceans
issues(88) and is aware of the 'risks to Maori customary fisheries'
posed by inappropriate development.(89) While only 4% of the NZ
territorial sea is protected in marine reserves, these reserves
appear to afford total protection to the marine habitats and
species, as opposed to the concept of 'multiple use' reserves which
has become widespread in Australia. There are many opportunities
for Australia to continue to engage in useful discussion through
the Australia and New Zealand Environment and Conservation Council
(ANZECC), the Ministerial Council on Forestry, Fisheries and
Aquaculture (MCFFA) and the Australia and New Zealand Minerals and
Energy Council (ANZMEC).
Papua New Guinea has included the environment in
its Constitution. There is a risk that the natural environment of
the Torres Strait between Australia and PNG will be affected by
human activity given the amount of shipping traffic through the
region, local and nearby mining activities, logging activities in
Papua New Guinea and eastern Indonesia and commercial fishing in
Torres Strait. The Torres Strait Environment Management Committee
was established under the Torres Strait Treaty 1975, a bilateral
arrangement between Australia and PNG. The Committee meets on an
annual basis to discuss the environmental management of the Torres
Strait Protected Zone and this provides on-going opportunity for
co-operation with our northern neighbour.(90)
Australia's ocean relationship with Indonesia,
particularly the Timor Gap Treaty, could be under review as a
result of recent developments in East Timor.(91) There is a need to
reassess the administration of Australia's Indian Ocean territories
in view of the move towards statehood for the Northern
Territory.
A bilateral arrangement, the Australia-France
Arrangement for Cooperation in Marine Science and Technology,
provides for the exchange of shiptime between the two nations for
research on continental margin evolution and EEZ resource
management, particularly around the Australia-France maritime
boundary in the South Pacific. Priorities for research under the
arrangement include fisheries, coral reefs, aquaculture and the
coastal zone. Some Australian scientists are funded under the
program to work in French Polynesia. Australia has played a useful
role in assisting the Pacific island states to realise their ocean
potential.(92)
The Antarctic region (including the Southern
Ocean) remains the subject of more comprehensive international
agreements for resource management and environment protection than
any other part of the earth's surface. Commonwealth funding for
Antarctic research has had bipartisan support for many years and
this has enabled Australia to retain its high international
reputation among Antarctic Treaty members. Nonetheless, the
incoming Chief Scientist of the Australian National Antarctic
Research Expedition (ANARE) called for greater awareness within the
community of the importance of the area.(93)
It is the UNCLOS that has given the United
Nations its 'pivotal role in oceans governance':
Institutionally, the General Assembly [of the
United Nations] remains the forum that is competent to consider in
an integrated manner developments related to the Law of the Sea and
ocean affairs ...(94)
Next year, 1999, is set aside for
reconsideration by the Commission on Sustainable Development (CSD)
of the oceans chapter (Chapter 17, Protection of the Oceans) of
Agenda 21, arising from the Rio Earth Summit (above, Rio Earth Summit). Whilst many would agree that there is
no need to create a new international agency or institution to take
decisions about the marine environment, there are a number of
options to assist coordination and remove duplication. These
include a review of existing UN programs that relate to the oceans,
a United Nations Conference on Ocean Affairs and a World Ocean
Affairs Observatory.(95)
It is anticipated that Australia will play an
important role in progressing these international initiatives
arising from the report of the Independent World Commission on the
Oceans, when they are considered by the United Nations General
Assembly and the General Conference of UNESCO.
The International Year of the Oceans has
increased awareness of some of the concerns facing Australia and
has encouraged the production of an Oceans Policy. However, the
opportunity appears to have been lost in 1998 for rigorous
discussion of many of the issues that will shape the future of our
oceans. Although the Issues Paper for an Oceans Policy was produced
in May 1998, there has been limited public debate about the policy
to date or about its implementation and any legislation
required.
When the Australian Oceans Policy is finalised,
it will need to include 'a statement of national vision, associated
goals and strategies'.(96) Moreover, the Policy will be judged on
its capacity to:
-
- define a framework of ecologically sustainable development
(ESD), incorporating the precautionary principle and managing
uncertainty
-
- recognise the important role of marine science and
technology
-
- conserve the marine environment particularly with regard to
usage by traditional communities
-
- adopt a cross-sectoral approach to offshore mining and
petroleum; fisheries; shipping; tourism and other marine
industries
-
- protect Australia's defence and security interests
-
- encompass Antarctica, the sub-Antarctic islands and the Indian
Ocean territories, and
-
- guarantee Australia's leadership in marine and coastal
management within the Asia-Pacific Region.
The end of 1998, the International Year of the Oceans, should
not be the end of managing Australia's oceans but the beginning of
a more coherent national strategy. It can be argued that
implementation of marine and coastal policies should be continued
with a financial commitment to scientific and technological
research and development, and appropriate legislation be developed,
along with programs with a long-term focus as an ongoing part of
Australia's commitment to the optimum management of Australia's
oceans. The critical issue of central coordination of both marine
and coastal matters through a Ministerial Council, an Authority or
an advisory body has not yet been addressed. The danger is that the
existence of an Oceans Policy will be a substitute for active
management, legislation and funding. The main aim is surely to
avoid irreparable damage to the three oceans and three tropical
seas for which Australia is responsible.
-
- The Rt Hon Sir Ninian Stephen KG AK GCMG GCVO KBE, Foreword to
White, M W D, Marine Pollution Laws of the
Australasian region, Federation Press, 1994, p. iii.
- 'Government releases Oceans Policy Issues paper', Media
release, Senator the Hon Warwick Parer, Minister for
Resources and Energy, 19 May 1998.
- Australian Bureau of Statistics, Environment issues:
People's View and Practices. ABS Catalogue No. 4602.0, 1996,
p. 11.
- based on White, M W D, Marine Pollution Laws of
the Australasian region, Federation Press, 1994, pp 172-175.
- Australia's Oceans Policy - An Issues Paper
Caring-Using-Understanding. For public comment, May 1998, p
24. (Hereinafter 'Issues Paper'). Also at http://www.erin.gov.au/marine/oceans/index.htm.,
p. 79.
- World Commission on Environment and Development, Our Common
Future (The Brundtland Report), 1987.
- Issues Paper.
- 'Research can unlock new ocean wealth - Scientist', CSIRO
Media release 98/238, 1 October 1998. Also at
http://www.csiro.au
- Professor Ken McKinnon, Chairman, Review Committee on Marine
Industries, Science and Technology, Oceans of Wealth?,
Australian Government Publishing Service, 1989, 188 pp.
- 'Ten Year Marine Conservation Initiative Announced', Media
Release, the Hon Ros Kelly MP, Minister for the
Arts, Sport, the Environment, Tourism and Territories,
20 August 1991.
- Graeme Kelleher and Richard Kenchington, Guidelines for
Establishing Marine Protected Areas, IUCN, Gland, Switzerland
in collaboration with the Great Barrier Reef Marine Park Authority,
1991, 79 pp.
- Australian Committee for IUCN, Towards a Strategy for the
Conservation of Australia's Marine Environment, ACIUCN
Occasional Paper Number 5, ACIUCN, 1994, 29 pp.
- Resource Assessment Commission, Coastal Zone Inquiry. Final
Report, Australian Government Publishing Service, 1993, 635
pp.
- Dr Leon Zann (compiler), Our Sea, Our Future. Major
findings of the State of the Marine Environment Report for
Australia, Great Barrier Reef Marine Park Authority for the
Department of the Environment, Sport and Territories, 1995, 112 pp.
- Living on the Coast, the Commonwealth Coastal Policy,
Department of Environment, Sport and Territories, 1995, 70 pp.
- Centre for Maritime Policy at the University of Wollongong and
the Royal Australian Navy Maritime Studies Program, Oceans
management policy; the strategic dimension, Canberra May 1994;
Royal Australian Navy Maritime Studies Program, Centre for Maritime
Policy at the University of Wollongong, and the Australian
Institute for International Affairs, Rights and
Responsibilities in the Marine Environment: national and
international dilemmas, Canberra, 1995.
- Senate Environment, Recreation, Communications and the Arts
References Committee, Marine and coastal pollution,
Parliament of the Commonwealth of Australia, October 1997, p. 81.
- Prime Minister's Science and Engineering Council,
Australia's Ocean Age: Science and Technology for Managing our
Ocean Territory, Office of the Chief Scientist, Department of
the Prime Minister and Cabinet, 1995, 48 pp.
- Oceans policy: statement', Press Release, the Hon Paul
Keating MP, Prime Minister, 8 December 1995.
- 'Saving our Natural Heritage - for all of us', News
Release, the Hon John Howard MP, 31 January 1996, and
Saving our Natural Heritage, pp 27-30.
- The Hon John Howard MP, House Hansard, 3 March 1997,
p. 1698
- Heads of Agreement on Commonwealth/State roles and
responsibilities for the environment between the Commonwealth of
Australia, the state of New South Wales, the state of Victoria, the
state of Queensland, the state of Western Australia, the state of
South Australia, the state of Tasmania, the Australian Capital
Territory, the Northern Territory of Australia, and the Australian
Local Government Association (November 1997) has not been formally
released. It is available on the web site of the Australian
Conservation Foundation (ACF) at http://www.peg.apc.org/~acfenv/coag.htm
- Dr Trevor Ward, 'Will a National Oceans Policy help to conserve
marine ecosystems and biological diversity?' Australian Marine
Conservation Society Bulletin. Autumn 98. Vol. 20, No. 2:
11-14.
- Issues Paper.
- Dr Conall O'Connell, 'Towards an oceans policy', The
Canberra Times, 30 June 1998, p. 7.
- Independent World Commission on the Oceans, The Ocean. Our
Future, Cambridge University Press, 1998, p. 19.
- The Commonwealth Coastal Policy, op.cit., p. 7.
- The Marine Science and Technology Plan Working Group,
Australia's Marine Science & Technology Plan.
Draft for Consultation, June 1998, 96 pp. Also at http://www.dist.gov.au/science/policy/marine/marinest.html
- Issues Paper, Section 1.2 What will Australia's Oceans Policy
do? p. 10.
- Department of Industry, Science and Resources officials.
- National Strategy for Ecologically Sustainable
Development, Australian Government Publishing Service, 1992,
128 pp.
- National Strategy for the Conservation of Australia's
Biological Diversity, Department of the Environment, Sport and
Territories, 1996, 54 pp.
- Endangered Species Advisory Committee, An Australian
National Strategy for the Conservation of Australian Species and
Communities threatened with Extinction, Australian National
Parks and Wildlife Service, 1992, 36 pp.
- National Greenhouse Response Strategy, Australian
Government Publishing Service, 1992, 114 pp.
- Monica Mulrennan, Towards a Marine Strategy for Torres
Strait (MaSTS), Australian National University North Australia
Research Unit and the Torres Strait Island Coordinating Council,
1993, 52 pp.
- Evans-Smith D (ed), National Ecotourism Strategy,
Commonwealth Department of Tourism, 1994, 68 pp.
- Towards a National Cruise Shipping Strategy, Tourism
Discussion Paper, No. 2, Commonwealth Department of Tourism, 20 pp.
- M. Arens, A Waste Management Strategy for Australia's
Antarctic operations, Australian Antarctic Division, 1994, 43
pp.
- National Recreational Fisheries Working Group, Recreational
Fishing in Australia. A National Policy, December 1994, 25 pp.
- John Handmer and Martijn Wilder, Towards a
Conservation Strategy for the Australian Antarctic
Territory , Centre for Resource and Environmental Studies,
Australian national University, 1993.
- Australian Ballast Water Management Strategy, December
1995.
- Australian Marine Industries and Sciences Council, Marine
Industry Development Strategy, Department of Industry, Science
and Tourism, 1997.
- Agriculture and Resource Management Council of Australia and
New Zealand, Australian and New Zealand Environment and
Conservation Council, Forestry Ministers, The National Weeds
Strategy. A strategic approach to weed problems of national
significance, June 1997.
- Tourism. A ticket to the 21st Century. National
Action Plan for a competitive Australia, Department of
Industry, Science and Tourism, 1998.
- Marine Strategy for the Torres Strait (MaSTERS), in
preparation.
- pers. comm.
- Qld had a 'reasonable effort, even if largely driven by
Commonwealth leadership', Tasmania has the 'beginnings of a good
representative system' and WA scored for 'public commitments
announced for four major areas'. NSW, NT, SA and Vic were
downgraded on the basis of 'no or scarcely any new areas in 1997'.
- 'The Marine Protected Areas Report Card Project 1997', World
Wide Fund for Nature, 1997, Media Kit, Sydney, 12 pp.
- Ibid.
- Prideaux, M., Emmett, J., and Horstman, M.. 'Multiple use or
abuse?' Habitat Australia. Vol. 26 No. 2, April 1998,
13-20.
- Dr Nan Bray, Chief, CSIRO Marine Research, 'The Ocean Planet',
The Joyce Allen Lecture, Australian and New Zealand
Association for the Advancement of Science (ANZAAS), Hobart, 30
September 1998.
- Dr Leon Zann, op. cit.
- 'State of the Environment. Australia'. Statements. The
newsletter of national State of the Environment Reporting, No.
8, July 1998, pp 5-6.
- current at 15 October 1998.
- Contact http://www.imo.org/imo/wmd/intro.htm
and the Australian National Maritime Museum, Sydney.
- http://www.yoto98.noaa.gov/oceanc2/index.html
- Mulrennan, Monica, op. cit.
- CSIRO Marine Research, Torres Strait Conservation Planning
Project Overview Report, Report MR_GIS 97/7, 1997, 43
pp + annexes.
- 'AMSA's Response to Oceans Policy and draft
MST Plan', AMSA Bulletin 143, July 1998,
p. 21.
- Senator the Hon Warwick Parer, op. cit.
- 'Oceans policy up for discussion', Australian Environment
Review, Vol 13, No. 5, p. 2.
- Senate Environment, Recreation, Communications and the Arts
References Committee, op. cit.
- Whole of Commonwealth Government response to the Inquiry
into Marine and Coastal Pollution by the Senate Environment,
Recreation, Communications and the Arts References Committee,
26 November 1998.
- J. L. Bannister, C. M. Kemper and R. M. Warneke, The Action
Plan for Australian Cetaceans, Wildlife Australia Endangered
Species Program Project Number 380, Australian Nature Conservation
Agency, September 1996.
- Environment Protection and Biodiversity Conservation Bill 1998,
Explanatory Memorandum.
- The two 1986 Protocols in relation to South Pacific conventions
address sea-based sources of marine pollution. Australia is a party
to both protocols.
- Herriman, M., Tsamenyi, M., Ramli, J. and Bateman, S.,
Australia's Ocean Policy. International Agreements. Background
Paper 2. Review of International Agreements, Conventions,
Obligations and other instruments influencing use and management of
Australia's marine environment. A report commissioned by
Environment Australia. Centre for Maritime Policy, University of
Wollongong, 1997, 144 pp.
- National Environmental Law Association (ACT Division), Seminar,
Canberra, 12 August 1998; National Environmental Law
Association (Victorian Division), Seminar 20 August 1998.
- This was also the case in Canada, where the Oceans Act
1996 is in place prior to the Policy being developed. (See
later in text).
- Independent World Commission on the Oceans, op. cit., p. 149.
- Dr Frances B Michaelis, Further Comment on the Law of the Sea,
the EEZ and the marine environment, Waves, Vol 1, No 5,
November 1994. p. 6.
- Nicholas Brunton, Official Hansard Report, Senate
Environment, Recreation, Communications and the Arts References
Committee, Canberra, 25 March 1997, p. 273.
- Ms Caroline Williams, quoted in Senate Environment, Recreation,
Communications and the Arts References Committee, op. cit., p. 85.
- Article 213 provides the basic constitutional framework for
Commonwealth legislation enacted to enforce anti-pollution measures
taken in accordance with Article 207. Office of International Law,
Attorney-General's Department (dated 1995) Submission No. 59
reproduced by the Senate Environment, Recreation, Communications
and the Arts References Committee, op. cit., Appendix 3.
- M W D White, op. cit., p. 172.
- Office of International Law, Attorney-General's Department, op.
cit., 165-166.
- 'Australia gains action on Antarctic illegal fishing',
Joint media statement, Senator the Hon Robert Hill,
Minister for the Environment and Heritage and the Hon Mark Vaile
MP, Minister for Agriculture, Fisheries and Forestry, 6 November
1998.
- Australia's Oceans Policy. Report of the Ministerial
Advisory Group on Oceans Policy, Environment Australia, March
1998, pp. 45-46 and Appendix 1.
- Senate Environment, Recreation, Communications and the Arts
Legislation Committee, Hansard, Consideration of
Estimates, 27 February 1997, p. 24.
- This Bill was included in the list of 'Legislation proposed for
introduction and/or debate in the 1998 Spring sittings', dated 11
August 1998, but not in the revised version dated 11 November
1998.
- Discussion papers prepared for the National Ocean Conference,
Naval Postgraduate School, Monterey, California. 11-12 June 1998.
Also at http://www.yoto98.noaa/gov/yoto.meeting/foreword.html
- United States Information Service Research Center, 12 November
1998.
- The H John Heinz III Center for Science, Economics and the
Environment, Our Ocean Future. Themes and issues concerning the
Nation's stake in the oceans. Developed for discussion during 1998,
the Year of the Ocean , The H John Heinz III Center for
Science, Economics and the Environment, Washington DC, 1998, 57 pp.
Also at http://www.heinzctr.org
- http://habitat.pac.dfo.ca/mpa/oceans/toward.htm,
released January 1998
- Closing speech at the Council of Europe parliamentary
Conference on the Oceans, John Battle MP, 19 March 1998
at http://www.dti.gov.uk/Minspeech/oceans.htm
- http://www.environment.detr.gov.uk/cleanerseas/index.htm
- Environment 2010 at http://www.mfe.govt.nz/issues/index.htm
- For example, Sealord Group Ltd (a major NZ fishing company) is
a partnership between the European and Maori people of New Zealand.
It is wholly owned by the Te Ika Paewai Limited, whose two equal
shareholders are Brierley Investments Limited and Te Ohu Kai Moana
(the Treaty of Waitangi Fisheries Commission).
- Ministry of Fisheries. Te Tautiaki i nga tini a Tangaroa.
Changing Course - Sustainable fisheries in a healthy aquatic
eco-system. 16 pp. (Also at http://www.fish.govt.nz/strategy.htm)
- Professor Anthony Bergin and Dr Frances B Michaelis, 1996,
Australia and the South Pacific: implementing the UNCED oceans
agenda, Marine Policy, Vol. 20 No. 1, 49-50.
- M Davis, 'Turmoil puts mining agreements in
doubt', Business Review Weekly,
28 September 1998. pp 31-32.
- Prof Anthony Bergin and Dr Frances B Michaelis, op cit, 47-62.
- Professor Michael Stoddart, SciTech, 2 October 1998,
p. 2.
- Independent World Commission on the Oceans, op. cit., pp 159,
161.
- Ibid.
- Ken McKinnon AO, 1996, 'The Law of the Sea and Australian Ocean
Policy', in Martin Tsamenyi, Sam Bateman and Jon Delaney
(eds), The United Nations Convention on the Law of the
Sea: What it means to Australia and Australia's marine
industries, Wollongong Papers on Maritime Policy No. 3, Centre
of Maritime Policy, University of Wollongong, p. 221.
International agreement
|
National legislation
|
International Convention for the Regulation of Whaling 1946
(ICRW)
|
Whale Protection Act 1980 to be replaced by the
Environment Protection and Biodiversity Conservation Bill 1998
|
Antarctic Treaty 1959
and Madrid Protocol on Environment Protection of the Antarctic
Treaty 1991
|
Antarctic Treaty Act 1960
Antarctic Treaty (Environment Protection) Act 1980
Antarctic (Environment Protection) Legislation Amendment Act
1992
|
Convention relating to Intervention on the High Seas in Cases of
Oil Pollution Casualties 1969 (the Intervention Convention)
|
Protection of the Sea (Powers of Intervention) Act
1981
Australian Maritime Safety Authority Act 1990
|
Convention on Wetlands of International Importance especially as
Waterfowl Habitat 1971 (Ramsar Convention)
|
Part of the Convention to be included in the Environment
Protection and Biodiversity Conservation Bill 1998
|
Convention concerning the Protection of the World Cultural and
Natural Heritage 1972
|
World Heritage Properties Conservation Act 1983 to be
replaced by the Environment Protection and Biodiversity
Conservation Bill 1998
Australian Heritage Commission Act 1975
|
London Convention 1972 (formerly London Dumping Convention)
|
Environment Protection (Sea Dumping) Act 1981
|
Convention on International Trade in Endangered Species of Flora
and Fauna 1973 (CITES)
|
Wildlife Protection (Regulation of Exports and Imports) Act
1982 not now included in the Environment Protection and
Biodiversity Conservation Bill 1998
|
International Convention for the Prevention of Pollution from
Ships 1973/78 (MARPOL 73/78)
|
Protection of the Sea (Prevention of Pollution from Ships)
Act 1983
Australian Maritime Safety Authority Act 1990 and other
related legislation
|
Convention on the Conservation of Antarctic Marine Living
Resources 1980
|
Antarctic Marine Living Resources Conservation Act
1981
|
United Nations Convention on the Law of the Sea 1982
(UNCLOS)
|
Maritime Legislation Amendment Act 1994 and other
related legislation
|
International Convention on Civil Liability for Oil Pollution
Damage 1992 (the Civil Liability Convention)
|
Protection of the Sea (Civil Liability) Act 1981
|
Convention on Biological Diversity 1992
|
Endangered Species Protection Act 1992 to be replaced
by the Environment Protection and Biodiversity Conservation Bill
1998
|
Convention on Biological Diversity 1992
|
Part of the Convention to be included in the Environment
Protection and Biodiversity Conservation Bill 1998
|
Regional agreements-multilateral
|
National legislation
|
Convention on Conservation of Nature in the South Pacific 1986
(Apia Convention)
|
Part of the Convention is included in the Endangered Species
Protection Act 1992 to be replaced by the Environment
Protection and Biodiversity Conservation Bill 1998
|
Convention for the Protection of the Natural Resources and the
Environment of the South Pacific Region 1986 (SPREP Convention)
|
Part of the Convention is included in the Endangered Species
Protection Act 1992 to be replaced by the Environment
Protection and Biodiversity Conservation Bill 1998
|
Convention for the Prohibition of Fishing with Long Driftnets in
the South Pacific 1989
|
no additional legislation needed
|
Bilateral agreements
|
National legislation
|
China Australia Migratory Birds Agreement (CAMBA) 1974
|
Part of the Agreement to be included in the Environment
Protection and Biodiversity Conservation Bill 1998
|
Torres Strait Treaty 1975
|
Torres Strait Treaty (Miscellaneous Amendments) Act
1984
|
Japan Australia Migratory Birds Agreement (JAMBA) 1986
|
Part of the Agreement will be included in the Environment
Protection and Biodiversity Conservation Bill 1998
|
Australian sites
International sites