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.
Cross-jurisdictional agreements
There is a strong and long-standing working relationship between successive Australian and Queensland governments for the protection and management of the GBR. This was first formalised in 1979 through the Emerald Agreement signed by the (then) Prime Minister of Australia and the (then) Premier of the State of Queensland. This Intergovernmental Agreement (IGA) provides a clear and effective framework for facilitating cooperative management of the GBR, with the commitments of both governments detailed in schedules which help to implement the IGA. The IGA was updated in 2009 to provide a more contemporary framework for cooperation, recognising challenges that were not foreseen in 1979. Through implementation of the IGA, both governments have agreed and are delivering a joint program of field management, joint action to halt and reverse the decline in the quality of water entering the GBR, and action to maximise the resilience of the GBR to climate change. The joint development of the Reef 2050 Plan in 2015 led to the IGA being updated to reflect the shared vision outlined in that plan, and renewed both governments’ commitment to protecting the GBR World Heritage Area including its outstanding universal value.
• The fact that the initial agreement in 1979 was signed by the (then) Prime Minister and the (then) Premier of Queensland gave that Agreement, and all subsequent agreements, considerable force and credibility. • The requirement in the IGA that the GBR Ministerial Forum must meet at least annually helps to oversee implementation and ongoing monitoring of the IGA and the Reef 2050 Plan.
1. It is important to periodically review and update such intergovernmental documents. The 1979 Agreement was updated in 2009 and again in 2015 to provide a contemporary framework for cooperation between both governments, recognising challenges such as climate change and catchment water quality that were not foreseen at the time of previous IGAs. 2. Implementation of the IGA is overseen by a GBR Ministerial Forum, consisting of relevant Australian and Queensland government ministers; this ensures an integrated and collaborative approach by the Australian and Queensland governments to the management of marine and terrestrial environments within and adjacent to the GBR World Heritage Area. 3. The Reef 2050 Plan, now a formal schedule to the IGA, includes a commitment from both governments to work together on GBR management and continue collaborative efforts with industry, science, traditional owners, conservation organisations and the broader community to improve the health of the GBR.
Engaging politicians and champions throughout the planning

It is important to engage the key political players from the start of the planning process rather than wait until nearer the completion of any such process. Soon after the start of the GBR planning process, a formal ‘Leader’s Guide’ was delivered to all State and federal politicians along the GBR coast and wherever possible, personal briefings were undertaken by senior GBRMPA staff. This helped ensure all politicians had the correct information, had extra materials to give to their constituents and had a contact within GBRMPA if further information was required. While some decision-makers would prefer all planning decisions to be consensus-based, or achieve a ‘win-win’ for all concerned, neither consensus nor ‘win-wins’ are achievable goals for stakeholder processes dealing with issues of such magnitude and complexity as most MPA planning processes. In the GBR, it was important to explain to politicians early in the planning process that compromises were the expected outcomes. At the end of the GBR rezoning, no one stakeholder group felt they got exactly what they wanted; but every group knew they had ample opportunities to become engaged and to provide input – and most understood the compromises all sectors had made.

The formal ‘Leader’s Guide’ delivered to all politicians along the GBR coast ensured they had the best available information and a person to contact within GBRMPA for further information. Maintaining contact with the key political players throughout the planning process was also invaluable and paid dividends when the final plan was presented to parliament. The use of telephone polling (outlined in Building Block 2) was invaluable to demonstrate the wider public views to politicians.

  1. Do not raise false expectations with stakeholders or politicians as to the likely outcomes.
  2. Consensus and ‘win-wins’ for all those concerned in MPA planning processes are unlikely to be achievable goals when dealing with issues of such magnitude and/or complexity.
  3. The timelines favoured by politicians are often not compatible with comprehensive planning processes.
  4. Compromise is essential – but recognise that this is considered by some to be winners and losers.
  5. The use of ‘Champions’ (e.g. sporting heroes, national identities) to endorse the planning process or deliver key messages is helpful to raise the planning profile.
  6. At the end of the day, almost all planning processes are political, and whether planners like it or not, there will be political compromises imposed at the end of the process – how much your political masters are aware of the issues, the implications of the recommended plan and the full range of public views will help them make the best possible decisions.
Targeted educational material

Throughout the GBR planning program, targeted educational material was prepared and widely distributed. For example the map of the 70 bioregions across the GBR was a key foundational document upon which a lot of subsequent public engagement was based. The preparation of Technical Information Sheets (see below) helped to explain concepts like ‘biodiversity’ in layman’s terms as many people did not understand what it was nor its importance. Similarly trying to explain the importance of ‘connectivity’ in the marine environment was greatly enhanced by a poster entitled ‘Crossing the Blue Highway’ (see Photos below). It used a combination of digital art, photos and words to explain the importance of connectivity between the land and the sea, and within habitats of the GBR - this reinforced the need for the ‘representative’ approach to the zoning. Different stakeholder groups have differing interests so the communication messages were appropriately tailored by experts who understood the sectors e.g. what was presented to fishers was different to how a very similar message was presented to researchers or to politicians.

Having experts within the planning team who understood the issues facing the key sectors proved invaluable:

  • For ‘tailoring’ key messages (e.g. an ex-fisheries manager really understood the concerns of all types of fishers; an ex-tourism employee knew what was important for tourist operators; Indigenous persons in the team helped engagement with Indigenous groups).
  • Having a good understanding of each industry was also reassuring for those who felt their livelihoods might be affected.
  1. Many stakeholders initially were misinformed about the key issues and what could, or should, be done.
  2. People needed to understand there was a problem before accepting that a solution was required and that new zoning was necessary.
  3. It is essential to tailor key messages for different target audiences – a blend of technical and layman’s information was produced and made widely available.
  4. Having experts on the planning team who could tailor information relevant to the various stakeholder sectors was critical.
  5. The rezoning was not about managing fisheries, but rather about protecting all biodiversity.
  6. The use of graphics to explain complex issues like ‘connectivity between habitats’, or the legal definition of ‘a hook’, proved invaluable to educate a range of audiences.
  7. Some elements of how GBRMPA undertook public participation/education were more successful than others (e.g. minimising public meetings whenever possible), so learn from other’s experience.
Ongoing/continuing public engagement during the planning

The GBR legislation mandates 2 formal phases of public engagement when planning – one seeking input prior to developing a draft plan, and the second to provide comments on that draft plan. However previous planning processes in the GBR demonstrated that public engagement was more effective if undertaken throughout the process. This included the preparation of various brochures, technical information sheets (some tailored for different target audiences), periodic updates (see Resources below) and graphics explaining concepts like connectivity. Throughout the planning process (1999-2003) the public were engaged by a variety of methods e.g. newspapers, radio, TV, the website (refer Resources below). Planners knew a revised plan was needed. However, communication experts pointed out that the wider public did not understand why a new zoning plan was needed when there already was an existing plan. Rather than progressing the new draft plan, communications experts advised the planners to pull back for several months to conduct an awareness campaign called “Under Pressure”. Once the public were more aware of the problems facing the GBR, they were more accepting of the need for a new plan but also understood they could have their say.

The supporting role of experts in public education and communications was critical throughout the planning program. These specialists are experts in public engagement, so their perspective on a number of issues (e.g. ensuring the public understood the problems facing the GBR and why a new plan was necessary) was invaluable during the GBR process. Keeping the public informed and on-side using a range of methods were key components for success before, during and after the planning program.

  1. Public engagement was more effective when undertaken throughout the planning process.
  2. The ‘Under Pressure’ campaign was successful in raising public awareness as to why a new plan was needed.
  3. The support from communications experts throughout the planning program is invaluable.
  4. The periodic updates were useful to keep the public informed of progress between the formal engagement periods.
  5. The media can be a great/influential ally – or a potent opponent. Work closely with all forms of local media so they get to know you and how you work.
  6. A trained media spokesperson in your team who knows both the topic and how to present well is important.
  7. Expect that some media will be critical or opposed to what you are doing – and be prepared to counter those views with clear and concise messages.
  8. Keep a running list of all meetings/engagement events and the numbers present – politicians are usually interested to see how many people you have engaged.
Correcting misinformation and unrealistic expectations

During any planning exercise, some key messages or information may become deliberately (or inadvertently) distorted or mis-represented by those who are opposed to the process. Many people believe everything they hear (without always checking the accuracy) and are also suspicious of any changes proposed by bureaucrats. Every time these concerns are passed onto others, they are embellished, leading to distortions from the original facts. Furthermore some stakeholders selectively quote from ‘research’ when it suits their concerns whilst ignoring evidence with a contrary position. Some stakeholders have unrealistic expectations and do not understand what is possible, or impossible, as part of the planning process. Unless this misinformation is addressed, the public may only hear the distorted or unclear messages which may then become reinforced by others with similar perspectives. Such misinformation, and the consequent fear and uncertainty, resulted in some of the largest public meetings during the GBR planning process. To counter some of these problems and address unrealistic expectations, GBRMPA produced a fact sheet titled ‘Correcting the mis-information’ - this was widely distributed, especially at large public meetings.

During the rezoning, the scientific experts were unable to provide 100% certainty. They did, however, provide a strong scientific consensus for the recommended levels of protection based on theoretical and empirical evidence. In doing so, they also took into consideration:

  • the national and international expectations associated with managing the GBR, the world’s largest coral reef ecosystem; and
  • international experience and opinion advocating increased protection of the world’s oceans.
  1. Many stakeholders were initially misinformed about what were the key issues and pressures and what was needed to address them.
  2. People needed to understand: there was a problem with biodiversity before they would accept that a solution was required (i.e. a new zoning plan was needed); that the rezoning was not about managing fisheries, but about protecting all biodiversity; to focus on the problem (protecting biodiversity) rather than on what the consequences might mean (i.e. reduced fishing areas).
  3. Be prepared to refute contrary claims and correct misinformation, irrespective of whether it is due to a misunderstanding or deliberate mischievous behaviour – and address it as soon as possible (leaving misinformation out in the community just exacerbates the issue).
  4. A lack of perfect data or lack of 100% scientific certainty may sometimes be given as reasons to delay progress or to do nothing; but if you wait for ‘perfect’ data, then nothing will ever happen.
Assessing the views of those who don’t want to get involved

It should not be assumed that all those who have an interest in an area or the planning process will necessarily provide a written submission. Around 1 million people live adjacent to the GBR and many millions of people elsewhere in Australia and internationally are concerned for the future of the GBR. However the 31,600 written public submissions represented only a small proportion of all those concerned citizens (noting many individual submissions were prepared on behalf of groups representing many hundreds of members). At many public events during the planning or in the media, it was a small ‘noisy minority’ who dominated the discussions. Different techniques were therefore applied to determine the views of the ‘silent majority’, many of whom were interested or concerned but did not bother to write a public submission. This included commissioning telephone polling of major population centres elsewhere in Australia to determine the ‘real’ level of the wider public understanding and support. In addition, community attitudes and awareness were monitored through public surveys. These showed that many stakeholders were misinformed about the key issues/pressures and what could, or should, be done to address their concerns.

Telephone polling in major population centres around Australia is an approach used by political parties for political purposes. The same polling companies who undertake these surveys were used in the rezoning, with the planners working closely with them to determine the most useful questions. The results helped politicians to understand the wider public perspective, not just the noisy minority or the media reports. Community attitudes were also monitored through public surveys.

  1. Don’t ignore those stakeholders who choose to remain silent.
  2. Remember that politicians are usually more interested in what the wider community thinks than just those who send submissions.
  3. Recognise the ‘noisy minority’ usually does not represent the silent majority comprising all those with an interest in the future of the MPA.
  4. Public meetings are often dominated by a few – ways are needed to allow wider concerns to also be heard.
  5. Some stakeholders ‘leave it to others’ to send a submission – either because they think everything is fine, or else they believe changes are unlikely and so are not motivated to act.
  6. Telephone polling of the wider public or internet surveys can determine the real level of understanding and support.
  7. Tailor your key messages for different target audiences (take a strategic approach).
  8. Monitor wider community attitudes and awareness through media analysis, via the internet (e.g. Survey Monkey) or face-to-face interviews or surveys.
Insertion in the community

A requirement to a community led participatory monitoring program is the prior development of strong relationship with the community leaders. The nature, objectives and methods to be used were discussed and agreed with the community before its implementation. Awareness on the lack of and the great value of fisheries landing data was clearly established within the community at the onset of the monitoring program.

Keeping the same staff interacting with the communities so that trust is generated among people representing each party. Prior negotiation on how projects were going to be undertaken and which role the community will have in the activities. Maintaining constant communication with community representatives. Periodically reporting the results of the projects being implemented in the community.

Set in advance the "rules of the game" with community representatives creates an environment of trust. The community involvement in the identification and design process, as well as in the activities, is also very beneficial. The return to the community of the information that was generated and the conclusions drawn from the data collected enables community ownership of the process. The development of this confidence and joint work allows MarViva to be inserted in the community and to be perceived as part of it, facilitating the implementation of processes.

Participatory methodologies to collect information

Over 25 communities in three countries, involving over 2000 fishers, have participated actively in this monitoring process for over 4 years. Young people were selected and trained in monitoring techniques and data compilation to identify species, measure length and weight and describe the gear used, capture location, and other variables.

It was key to demonstrate the value of the process to fishermen to whom information was being returned and who benefit from this information. Keeping very low operational costs allows the program to run for several years. Simple methods and local people helped in keeping costs low. Having a fisheries expert to interpret and synthesize the data collected allows for better assessment of information.

Engaging young people from fishing communities developed greater public interest in the data collected and in the status of the fishery resources.

Using simple techniques to measure variables such as weight and size proved to be highly efficient.

Simple methods and youth participation reduced costs of the monitoring program, making it more economical than traditional monitoring, which requires technical graduates.

Returning results to the fishing community allows them to understand the value of monitoring and what is happening with the fish resources in their area.

Keeping monitoring for several years generated information critical to delineate areas of artisanal fisheries and protected areas and to support the development of a responsible fishing program.