Coordinated-based zone boundaries

Zone boundaries may be described as a specified distance from the edge of a geographical feature (e.g. ‘500 m from the reef edge’). This normally results in an irregular shaped zone boundary. Depicting a reef or a group of reefs in this way may look ecologically appropriate on a map, but using the edge of such features to draw zone boundaries has proven very difficult to interpret on the water. For example, many reef parts are fragmented or at times submerged, so it is difficult on the water to determine the reef edge, and then use that to estimate a distance. Furthermore it is not easy to estimate 500 m (or even 100 m) on the water. Coordinate-based zone boundaries, based on longitude/latitude and shown in degrees and decimal minutes were therefore introduced in the 2003 GBR Zoning Plan. These fully encompass ecological features (i.e. well outside the edge of entire reefs/islands). Zone boundaries are orientated north, south, east and west for ease of navigation or comprise straight lines between two easily determined coordinates. Straight lines look less ‘ecologically appropriate’, but they are easier to locate and enforce in offshore areas, especially if using electronic devices e.g. global positioning system GPS or plotter.

Building on the existing zoning, it is important that every zone has a unique number, referenced to a detailed description in the statutory Zoning Plan (see Resources) and with a unique zone identifier (e.g. MNP–11–031): a) MNP refers to the zone type (Marine National Park Zone) b) the first two numbers refer to its latitude (example shown above is at latitude 11°) c) The last number (031) enables a specific zone to be identified on the zoning maps and cross-referenced to the Zoning Plan.

  1. Not every zone coordinate is shown on the freely available zoning maps; however the most important zone coordinates for most users are shown (e.g. no-fishing zones and no-access zones).
  2. Recognizing that not everyone has a GPS, inshore zone boundaries, however, are aligned with recognizable coastal features or identifiable landmarks or boundary markers (e.g. ‘the zone extends north from the eastern extent of the headland at xxx’).
  3. Signs showing the nearby zones are put at boat ramps along the coast (see Photos below).
  4. All zoning coordinates are provided to commercial suppliers of electronic navigation aids, enabling zones to be loaded into a GPS.
  5. In addition, all zone coordinates are freely available on the web or available as a CD to enable any user to plot the coordinates on their own navigation chart, or to locate a zone using their own GPS.
  6. All coordinates must be referenced to a specified official Geocentric Datum for accuracy (e.g. GDA94 in Australia).
Zone assignment by objective rather than by activities

The difference between zoning by objective rather than zoning by activity is best explained by example; a ‘no-trawling’ zone may indicate clearly one activity is prohibited (i.e. all trawling is banned in that zone), but it may not be clear as to what other activities may be allowed or not allowed. The objective of the Habitat Protection Zone enables a range of activities that have (relatively) minimal impacts on the benthic habitat(s) to occur within that zone; for example, boating, diving, and limited impact research are allowed, as well as allowing some extractive activities like line fishing, netting, trolling and spear-fishing (i.e. some but not all, fishing activities). However the zone objective and related zoning provisions clearly prohibit bottom trawling, dredging or any other activity that is damaging to the sensitive habitats in that zone. In most oceans there are many existing or potential marine activities that need to be managed but many of these activities are complementary and can occur within the same zone; if zoning is used to address all existing activities (and ocean zoning is certainly one important tool to do so), then it is preferable that zoning be by objective rather than by each individual activity.

The Zoning Plan is a statutory document that includes all the specific details of the zoning (e.g. Zone objectives (see Resources below), the detailed zone boundaries, etc.). The Act provides the ‘head of power’ to prepare a zoning plan and includes a section on the Interpretation of zoning plans (section 3A) and details about the objects of zoning, what a zoning plan must contain and how a zoning plan must be prepared (sections 32-37A).

  1. If a zone objective has multiple parts, there must be a clear hierarchy within the objective. For example, if the objective is to provide for both conservation and reasonable use (as shown for most GBR zones - see Resources below), the second part is always subject to the first (i.e. reasonable use can only occur if it is subject to ensuring conservation).
  2. The GBR Zoning Plan also has a special ‘catch-all’ permit provision in (“any other purpose consistent with the objective of the zone…”). This provides for new technology or activities that were not known when the Zoning Plan was approved. It provides an important ‘safety net’ enabling an activity which is not in one of the two lists explained in BB1 to still be considered for a permit provided it is consistent with the zone objective.
Multiple-use zoning

In some parts of the world, zoning is based solely around allowing, or prohibiting, specific activities in specific areas. In the GBR a spectrum of zones exists, each with differing zone objectives; these zones allow a range of activities to occur provided each activity complies with the relevant zone objective. The provisions of the Zoning Plan apply to all users in the GBR. The Zoning Plan sets out in detail two specific lists of ‘use or entry’ provisions for each zone; these help determine the types of activities that are appropriate in that particular zone. 1. The first list indicates activities that are allowed to occur in that zone (‘as of right’) and which do not require a permit; 2. The second list stipulates which activities may occur in that particular zone but only after a permit has been assessed and, if the application meets all the necessary requirements, a permit has been granted. The regulations specify the assessment process and criteria for a permit; these vary depending on the proposed activity. Some zones may also stipulate restrictions on types of fishing gear which also provides differing levels of protection. If an activity is not listed in either (1) or (2) above, it is prohibited in that zone.

The 1975 legislation specified that a plan depicting spatially derived zones (i.e. zoning) was to be a key management tool for the GBR Marine Park, and zoning plans were required by the legislation to define the purposes for which certain areas may be used or entered. The objectives of zoning have ‘evolved’ since the 1975 version of the Act (refer Day 2015) recognizing a need today to protect the full range of the biodiversity of the GBR rather than just keystone species or habitats.

  1. To assist public understanding, the allowable activities in the Zoning Plan have been summarized into a simple activity/zoning matrix (see Photos below). However, the statutory Zoning Plan (i.e. subordinate legislation under the Act) must be the legal basis for determining which activities are appropriate in a zone.
  2. Zoning maps are a publicly-available form of the statutory Zoning Plan; however, to legally determine exactly where a zone boundary occurs, the actual zone descriptions detailed in the back of the statutory Zoning Plan must be used.
  3. Just because the Zoning Plan states an activity is able to occur with a permit, it does not automatically mean a permit will always be granted; the application still needs to be assessed and only if it meets all the necessary criteria, is a permit granted.
Jon C. Day
Multiple-use zoning
Zone assignment by objective rather than by activities
Coordinated-based zone boundaries
Biophysical, socio-economic & management planning principles
Use and limitations of decision support systems/tools
Working with the best available information/knowledge
Jon C. Day
Multiple-use zoning
Zone assignment by objective rather than by activities
Coordinated-based zone boundaries
Biophysical, socio-economic & management planning principles
Use and limitations of decision support systems/tools
Working with the best available information/knowledge
Partnerships with key sectors to enhance management efforts
A range of partnerships have been established to assist with GBR management efforts; these include: -The Reef Guardian Schools (RGS) program began in 2003. Today it involves >120,000 students from 276 schools (i.e.10% of the entire population of the GBR catchment undertake stewardship programs as part of a RGS). -The RGS initiative was expanded in 2007 to include Reef Guardian Councils (i.e. local government councils). Currently, 16 councils along the GBR Coast demonstrate their commitment to improve the health and resilience of the GBR through such actions as sewerage treatment, storm water treatment, waste reuse/recycling and community education. -In 2010 the program was again expanded to include Reef Guardian Farmers and Reef Guardian Fishers. While still only pilot programs, the Fishers and Farmers programs help promote other initiatives being undertaken by these industries while also delivering environmental benefits. Other partnerships include: -The marine tourism industry is a key partner in GBR management, enhancing visitor experiences and helping to protect the biodiversity that supports their industry. -The GBR aquarium supply fishery developed a world’s-first Stewardship Action Plan including collection standards
• One object of the GBRMP Act is “encourage engagement in the protection and management of the GBR by interested persons and groups, including … communities, Indigenous persons, business and industry” (s. 2A (2b)). • Article 5 of the World Heritage Convention obligates nations who are signatories to the Convention, ”… so far as possible… to adopt a general policy which aims to give the cultural and natural heritage a function in the life of the community …”.
• Getting local communities involved in GBR protection and management, and developing partnerships with schools, councils and industries are some of the real success stories in the GBR. • All the Reef Guardian initiatives have created awareness, understanding and appreciation by various industries that depend on a healthy GBR. • There is no doubt that an informed and involved community fosters stewardship and promotes a community culture of custodianship for GBR protection. • Successful engagement is dependent on the willingness of the community members and stakeholders to engage on matters that are important to them, and on the level of commitment of managers to also get it right. • There is a wealth of relevant expertise in local communities – the challenge is how to harness that in an on-going way. • High Standard Tourism Operators voluntarily operate to a higher standard than required by legislation as part of their commitment to ecologically sustainable use.
Multi-sectoral Advisory Committees
3 different types of advisory committees support the management of the GBR, each with differing responsibilities: • Local Marine Advisory Committees (LMACs): community-based committees at 12 major towns along the GBR coast. They provide a two-way flow of information between the community and the GBR managers, and advice at the local level. Managers are required to attend all meetings to hear community views and discuss local marine/coastal issues. LMAC members are voluntary and may represent a community or industry group or be independent. • Reef Advisory Committees (RACs): expertise-based RACs provide expert-advice for critical issues facing the GBR (such issues as catchment and ecosystem management; Indigenous Partnerships; and tourism/recreation). RAC members are appointed for a three year term from stakeholders with expertise and experience in the critical issue. RACs meet formally with GBRMPA officers 2-3 times per year to assist in developing policy and provide strategic advice for GBR management; RAC Chairpersons also meet periodically with the GBRMPA Board. •Reef 2050 Advisory Committee: formally advises the GBR Ministerial Forum, including strategic advice about implementation of the Reef 2050 Plan and GBR management.
• Having a clear objective in the Act that encourages “… engagement in the protection and management of the GBR by interested persons and groups, including Queensland and local governments, communities, Indigenous persons, business and industry” has proven to be very beneficial (see Section 2A (2b)). • A comprehensive Charter of Operations provides clear guidance as to how LMACs and RACs must operate.
• The three differing types of committees cover a broad range of technical and geographical advice, thereby strengthening the overall legitimacy of that advice. • A member of the GBRMPA Senior Management Team is allocated to each LMAC and must attend meetings with the dual aims to build rapport with the locals and report back to senior management. • An independent Chair for each RAC and LMAC is appointed by the GBRMPA Chairman to help ensure effective committee meetings and outcomes. • An annual meeting of all LMAC Chairs has proven useful for cross-fertilization of ideas and to facilitate interaction between the 12 LMACs. • Sitting fees are not paid to any members to attend these committees; however, travel costs are covered for members to attend RAC and Reef 2050 meetings. • Minutes of RAC meetings are not for public distribution; however a summary report is publicly-available after each RAC meeting summarising the major items discussed at the meeting (see ‘Resources’ below).
Co-managing with Indigenous Traditional Owners
Aboriginals and Torres Strait Islanders have been the Traditional Owners (TOs) of the GBR for >60,000 years. Today traditional customs and spiritual lore continue to be practised by 70 TO clan groups whose sea country includes the GBR. The TOs continuing social, cultural, economic and spiritual connections to the area is acknowledged by the park managers (GBRMPA). An Indigenous Partnerships Group in GBRMPA works closely with TOs to establish meaningful partnerships to protect cultural and heritage values while conserving biodiversity. One way is a management arrangement called a Traditional Use of Marine Resources Agreement (TUMRA), a formal agreement for sea country developed by TO groups and then accredited by both GBRMPA and Queensland. Another is an Indigenous Land Use Agreement (ILUA). There are currently seven TUMRAs and one ILUA accredited in the GBR which collectively involve 15 TO groups and cover 22% of the GBR coastline. Each TUMRA operates for a set time after which it is renegotiated. Indigenous engagement in the GBR is fostered by membership on the Authority Board, an Indigenous Reef Advisory Committee, compliance training and management workshops for TOs, and the use of traditional ecological knowledge.
• Having definitions and processes set out in the legislation was invaluable, for example: - Section 3 of the Act defines a ‘traditional owner’ - S. 10 (6A)) requires a member of the Board to be “an Indigenous person with knowledge of, or experience concerning, indigenous issues relating to the Marine Park” - S. 2A (3e)) requires a “partnership with traditional owners in management of marine resources” • The GBR Regulations defines how a TUMRA is to be made, accredited, terminated, etc.
• Experience shows an effective format for a TUMRA has three parts: 1. A narrative outlining the TOs aspirations for their sea country; 2. Specific details e.g. the areas in which traditional activities, such as hunting, will, and will not, occur or are limited by the TUMRA. 3. An implementation plan (e.g. outlining ways the TUMRA will educate the public and other TO groups about their sea country). • Compliance training for TOs has not only led to an increased awareness of marine compliance issues, but more importantly, to an increased feeling of empowerment by TOs to manage their sea country. • Managers should not expect that one Indigenous representative is able to speak on behalf of all Indigenous people or that the best way to engage TOs is the same as for other users or stakeholders. • Recognize different knowledge systems, and consider traditional ecological knowledge as complementary to western science.
Relevance of international conventions for MPA management
Australia is a signatory to a wide range of international conventions/frameworks relevant to MPAs; the main ones are listed in Resources below and include global and regional conventions and treaties as well as bilateral agreements. The fundamental basis for international law and conventions is mutual respect and recognition of the laws and executive Acts of other state parties. • Note the term ‘state party’ is used in many international conventions instead of ‘nation’ or ‘country’ – but don’t confuse the term with federal states or territories. Some of the obligations arising from these international conventions have been incorporated into Australian domestic law (e.g. some provisions of key international Conventions addressing significant matters such as World Heritage, are incorporated into Australia’s national environmental legislation, the Environment Protection and Biodiversity Conservation Act 1999). How much international conventions impact on various countries will vary according to the regulatory, legal and political context of the country in question, whether that country is a party to the relevant conventions or agreements, and whether these have been implemented at the national level.
• The range of international instruments, in conjunction with domestic (national) legislation and to a lesser extent, Queensland (State) legislation, collectively give the GBR very strong legal protection. • International law may be relevant to interpreting domestic (national) legislation and may assist if there is an ambiguity in domestic law.
• Once a country has signed and ratified an international convention, there are international obligations with which that country must comply; however, enforcement of non-compliant nations by the global community is not easy. • The level and detail of reporting on international obligations varies; some examples are shown in ‘Resources’ below. • The ‘precautionary approach’ has become widely accepted as a fundamental principle of international environmental law and is now widely reflected in Australian environmental law and policy. • Some of the issues facing coral reefs, such as climate change, are global or trans-boundary and are addressed in international conventions – however while those issues may be global, many also require local level solutions for effective implementation.
Complementary legislation
Complementary legislation refers to laws that complement or supplement each other, applying matching or ‘mirrored’ provisions to enhance public understanding or enhance the mutual strengths of the laws. The reasons why complementary management is essential in the GBR is outlined under ‘Impact’ for this Blue Solution, including the fact that the State and federal governments cannot agree where the boundary occurs between their respective jurisdictions. The Zoning Plan for the federal Marine Park was revised from 1999-2003 and came into effect on 1 July 2004. To ensure complementarity and to minimise public confusion, the State of Queensland declared the Great Barrier Reef Coast Marine Park in November 2004. The zoning for this Coast Marine Park mirrors the adjoining federal zoning by providing complementary rules and regulations between high water and low water, all along the mainland adjoining the GBR and around all Queensland islands within the outer boundaries of the federal Marine Park. Complementary zoning means that activities that can be undertaken within the two Marine Parks are governed by the same regulations; however, there are also some Queensland specific provisions that may apply only in the GBR Coast Marine Park.
• The Australian Constitution states when a State law is inconsistent with a federal law, then the federal law shall prevail; the State law is, to the extent of the inconsistency, invalid. • Section 2A(3f) of the GBRMP Act requires “... a collaborative approach to management of the GBR World Heritage area with the Queensland government”. • The 1979 intergovernmental agreement agreed on a complementary approach which subsequently aided the evolution of effective complementary legal instruments.
• Complementary legislation ensures a workable solution so that all marine waters seaward of the Highest Astronomical Tide are effectively under the same rules and regulations, irrespective of the jurisdiction in which they occur. • Using complementary legislation for policy is far more effective than having slightly differing interpretations for adjoining areas or similar provisions drafted in a way that allows differing interpretations. • A complementary approach is more holistic and effective for the following reasons: - ecologically: it recognises temporal/spatial scales at which ecological systems operate (rather than the inadequacies of jurisdictional boundaries) - practically: it is easier to manage, ensuring that matters do not slip through ‘unforeseen regulatory cracks’; and - socially: it helps with public understanding and hence compliance. • To ensure a complementary approach, officers in both governments cooperate when developing policies.