Environment Protection and Biodiversity Conservation (Christmas Island Marine Park Management Plan) Instrument 2025
Made 2025-01-17 · Text as of 2026-10-01
Public law and official guidance, published as research. Not legal, tax or financial advice.
About this law
- Language
- English
- Kind
- policy
- Country
- Australia
- Subjects
- Fisheries and aquaculture, Mineral resources, Sea, Wild species and ecosystems
- Keywords
- fishing area, fishing authorization, fishery management and conservation, authorization/permit, biodiversity, cultural heritage, ecosystem conservation, marine area, marine fishes, marine protected areas, monitoring, plant protection, protected area, protection of habitats, protection of species, research, sustainable use, tourism, aquatic animals, exploration, mining, waste disposal
- Categories
- metals-base, metals-precious, minerals-critical
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Text
The law's own text, section by section, as held. Each section has its own link.
Section 2.4 (Pressures and drivers in Christmas Island Marine Park). As understanding of marine park values improves, the Director may make new information about values and pressures available on the Parks Australia website. Christmas Island Marine Park Management Plan 2025 29 Authorised Version F2025L00070 registered 11/02/2025 Figure 2.4 Map demonstrating how Christmas Island Marine Park intersects with Christmas Island National Park, the shoreline and the port area Christmas Island Marine Park Management Plan 2025 30 Authorised Version F2025L00070 registered 11/02/2025 3.0 Management programs and actions Image: Christmas Island coral (Udo Van Dongen) 3.1 Management programs, goals, desired outcomes and actions The Director will act to protect Christmas Island Marine Park from pressures, minimise damage to values and improve the resilience of the marine environment. The programs and actions set out in Table 3.1 may need to be adapted as new information and approaches become available. This will occur in consultation with the community advisory committee and other stakeholders. The desired outcomes set out in Table 3.1 indicate where the Director will focus monitoring efforts and what impacts are sought from management actions. Christmas Island Marine Park Management Plan 2025 31 Authorised Version F2025L00070 registered 11/02/2025 Table 3.1 Management programs, goals, outcomes and actions Vision Healthy and thriving marine environments for future generations a) To protect and conserve biodiversity and other natural and cultural values. Objectives b) To provide for ecologically sustainable use that supports positive social and economic outcomes. Science, monitoring and management effectiveness Management Protection, resilience and adaptation programs Visitor use and communication Community and stakeholder benefits and engagement Improve understanding of marine Enhance visitor appreciation, Engage with and support social species, habitats and ecosystems and Reduce pressures and the impacts of environmental Goal understanding and and economic benefits for the associated pressures, resilience and changes on marine species, habitats and ecosystems sustainable use of the park community and stakeholders changes. • Diverse corals continue to inhabit the fringing reef ecosystem and support characteristic species. • Pelagic species diversity and abundance is maintained or increases. • No new marine invasive species establish. • Diversity of reef fish communities is maintained. • There are low levels of inshore compliance incidents. Desired • The number of incursions of foreign fishing vessels remains steady or decreases. outcomes • Community satisfaction with the management of the marine park is maintained. • Awareness and understanding of the marine park increases among visitors to Christmas Island and park users. • The local community is supported to maintain marine cultural knowledge. • Research, monitoring and restoration effort in the marine park is directed to areas of high management priority – e.g. ecosystem pressures, changes and causes of change. • The marine park contributes to sustainable economic activity at Christmas Island. • Conduct and enable research and • Regulate activities within the marine park, • Communicate • Establish and maintain a monitoring to improve understanding including by: information about park marine park advisory of: o assessing activity proposals in accordance values and management committee. o park values and associated with management plan prescriptions to visitors and park • Engage and build the pressures o conducting surveillance and compliance users. capacity of the community Actions o impacts of climate change and operations in partnership with other • Educate visitors and and local adaptation measures agencies. park users about the groups/organisations to o current and future ecosystem • Implement management actions to help: marine park rules and support the management of changes and how to enhance sustainable practices. the park. o protect species, habitats, ecosystems, and resilience. biodiversity under pressure • Support activities that enhance and promote Christmas Island Marine Park Management Plan 2025 32 Authorised Version F2025L00070 registered 11/02/2025 • Monitor the condition and trend of o enhance ecosystem resilience and sustainable, rewarding • Build on environmental priority values and pressures. adaptation in response to a changing climate and safe recreational educational programs for • Evaluate and report on the and other environmental changes and tourism the local school. effectiveness of management o minimise pressures through engagement experiences. • Establish and maintain actions to inform adaptive and collaboration with other management partnerships and management. agencies. collaborative arrangements • Monitor and manage marine invasive species. with key stakeholders. • Develop and maintain data and information management systems, • Prepare for a range of critical incidents and • Support the collection and processes and reporting to support support maritime emergency agencies to respond documentation of cultural evidence-based park management. to events. and historical knowledge of • Continue to build and maintain • Support the collaborative management of marine the marine environment. collaborative and cost-effective debris. • Encourage the sharing of partnerships to deliver quality • Explore effective approaches to ecosystem findings from research and science. restoration and adaptation. monitoring work with island communities and other stakeholders. Context for management outcomes in a changing environment at Christmas Island The Director recognises that there are significant, broad-scale forces driving ecological change in the Christmas Island Marine Park. For example, corals are under threat of bleaching and mortality due to high sea surface temperatures; and pelagic fish valued locally face high fishing pressure across most of their Indian Ocean range. These large-scale pressures are likely to drive local changes, and marine park management measures can exert limited influence over these at scale. However, it may be possible and appropriate to take some actions to help resist these changes or implement more direct management interventions to improve ecosystem resilience at a localised level – for example, if it becomes apparent that an important value may be lost entirely from the marine park. The broad objective in establishing and managing Christmas Island Marine Park (and other marine parks) is to implement priority management measures to resist and direct change to help ensure values within the park are maintained in better condition than would have been the case in the absence of the park. Christmas Island Marine Park Management Plan 2025 33 Authorised Version F2025L00070 registered 11/02/2025 Monitoring, evaluation and reporting The Director, in consultation with the Christmas Island Marine Park advisory committee and other relevant stakeholders and experts, will monitor, evaluate and report on the implementation of this plan. This will include: • developing a baseline understanding of marine park values that recognises how baselines may shift over time in the context of a changing climate and other evolving pressures • evaluating the effectiveness of the implementation of management actions under this plan in achieving the marine park’s objectives, goals and desired outcomes • identifying changes in management context and adapting and changing management actions as required to ensure the environment is protected in the most effective way possible • considering the adequacy of knowledge of marine park values, uses, pressures, social and economic benefits and impacts • using new and existing knowledge and expertise on management approaches to support marine park management • informing the development of the next management plan for Christmas Island Marine Park. Monitoring, evaluation and reporting will ensure park managers, the Christmas Island Marine Park community advisory committee and other stakeholders have access to relevant information about park and management performance in line with the points outlined above. Specific arrangements will be developed in consultation with the advisory committee, stakeholders and experts and seek to complement the Director’s annual corporate planning and performance reporting requirements. In the final 2 years of the management plan, a review will be undertaken to evaluate the effectiveness of the implementation of this plan and inform the next Christmas Island Marine Park management plan. 3.2 Community advisory committee A Christmas Island based advisory committee was established to support the preparation of this management plan and advise on management activities following the marine park’s proclamation. A new Christmas Island Marine Park advisory committee will be established under this plan to advise Parks Australia on the implementation of this plan. Christmas Island community members will form the majority of the committee’s membership, with external scientific and other experts to be drawn in as needed. Broadly, the role of the advisory committee will be to support Parks Australia’s management of the marine park by providing advice on: • implementation of this management plan and associated management programs and actions • community and park user views, knowledge and needs • monitoring, evaluation and reporting in accordance with Section 3.2 (Monitoring, evaluation and reporting). Christmas Island Marine Park Management Plan 2025 34 Authorised Version F2025L00070 registered 11/02/2025 Terms of reference, including membership details, for the committee will be finalised in consultation with stakeholders. Consultation will include consideration of how best to align community advisory arrangements in relation to both Christmas Island Marine Park and Christmas Island National Park. Committee meetings will be held at least twice per calendar year, and Parks Australia will provide the committee with documents and reports on the implementation of management programs and other material as appropriate to ensure the committee has the information necessary to fulfil its functions. Christmas Island Marine Park Management Plan 2025 35 Authorised Version F2025L00070 registered 11/02/2025 4.0 Management of activities Image: Snorkeller at Christmas Island (Chris Bray) 4.1 Zone categories, names and objectives Zoning and related prescriptions for managing activities are important tools for managing marine parks to ensure protection of marine habitats and species, while supporting the continuation of important activities in the marine environment. In determining the zones and prescriptions, the Director has considered the best available science, the views and aspirations of the Christmas Island community, advice from stakeholders, comments from the general public, the goals and principles of the National Representative System of Marine Protected Areas (NRSMPA) and the Australian International Union for the Conservation of Nature (IUCN) reserve management principles. Christmas Island Marine Park Management Plan 2025 36 Authorised Version F2025L00070 registered 11/02/2025 The EPBC Act requires this plan to assign an IUCN category to each marine park. The EPBC Act also allows this plan to divide a marine park into zones and to assign a category to each zone. The category for each zone may differ from the overall category of the marine park. This section assigns an IUCN category to the Christmas Island Marine Park and sets out the objectives for each zone. The zoning of Christmas Island Marine Park assigned under this plan is the same as the zoning assigned at the time the park was proclaimed in 2022. The maps in Chapter 2 show the zones assigned to the Christmas Island Marine Park. Prescriptions 4.1.1 The Christmas Island Marine Park is assigned overall to the IUCN category II and the following zones: a) National Park Zone (IUCN II), as shown in Section 2.1, Figure 2.1; and b) Habitat Protection Zone (Christmas Island) (IUCN IV), as shown in Section 2.1, Figure 2.2. 4.1.2 The objective of the National Park Zone (IUCN II) is to provide for the protection and conservation of ecosystems, habitats and native species in as natural a state as possible. 4.1.3 The objectives of the Habitat Protection Zone (Christmas Island) (IUCN IV) are to: a) provide for the conservation of ecosystems, habitats and native species, while allowing activities that do not harm seafloor habitats; a) support cultural, social and economic activity in the marine park that aligns with the views and aspirations of the Christmas Island community. 4.2 Outline of activity management This plan enables a range of activities to be carried out that would otherwise be prohibited or controlled by the EPBC Act and EPBC Regulations. This chapter sets out for the Christmas Island Marine Park which activities are: a) allowed: the activity can be carried out without the need for authorisation where consistent with IUCN zone objectives and conducted in accordance with this chapter; b) allowable: the activity is able to be carried out if an authorisation is issued in accordance with
Section 4.5 (Authorisation of allowable activities)); or c) not allowed: the activity is prohibited because it is not consistent with zone objectives. For those activities that are allowed or allowable, this chapter also sets out: a) the assessment and decision-making process for authorising an activity (Section 4.4 (Making decisions about activities)); b) the types of authorisations that may be issued (permits, class approvals, activity licences and leases) (Section 4.5 (Authorisation of allowable activities)); and c) how activities must be undertaken in the Christmas Island Marine Park (Section 4.3 (Prescriptions for activities)). Other provisions of the EPBC Act or other legislation (for example, fishing rules) may also apply to an allowed or allowable activity. Christmas Island Marine Park Management Plan 2025 37 Authorised Version F2025L00070 registered 11/02/2025 4.3 Prescriptions for activities This plan enables activities to be conducted in zones consistent with the zone objectives while enabling the impacts to be effectively managed. Rules for these activities are summarised in Table 4.1 and the detailed activity prescriptions are provided in Sections 4.3.2 to 4.3.13. Table 4.1 Summary of prescriptions for activities in Christmas Island Marine Park Habitat National Protection Park Zone ACTIVITY Zone (II) (Christmas Island) (IV) GENERAL USE AND Overnight stays on vessels ACCESS Recreational use (nature watching, boating, (Section 4.3.1) swimming etc.) COMMERCIAL SHIPPING Anchoring b X (Section 4.3.2) Transiting Dropline A X Hand collection (including using hookah, A X scuba, snorkel) Hand net (hand, barrier, skimmer, cast, A X scoop, drag, lift) Longline (demersal, auto-longline) X X Longline (pelagic) A X Minor line (handline, rod and reel, trolling, COMMERCIAL FISHING A X squid jig, poling) (Section 4.3.3) Net (demersal) X X Net (pelagic) A X Purse seine A X Trap, pot X X Trawl (demersal) X X Trawl (mid-water) A X Trotline X X Christmas Island Marine Park Management Plan 2025 38 Authorised Version F2025L00070 registered 11/02/2025 COMMERCIAL AQUACULTURE Aquaculture A X (Section 4.3.4) COMMERCIAL MEDIA Media A A (Section 4.3.5) Non-fishing related tourism (including nature COMMERCIAL TOURISM A A watching, scuba/snorkel tours) (Section 4.3.6) Charter fishing (including spearfishing) A X RECREATIONAL Recreational fishing (including spearfishing) FISHING X (Section 4.3.7) Mining and similar or related activities MINING (including oil and gas operations, seabed X X (Section 4.3.8) mineral mining, greenhouse gas storage, pipelines and exploration) Excavation, erection/maintenance of A A STRUCTURES AND structures, works WORKS Artificial reefs A A (Section 4.3.9) Fish aggregating devices A X RESEARCH, MONITORING AND RESTORATION Research, monitoring and restoration A A (Section 4.3.10) NATIONAL SECURITY AND EMERGENCY RESPONSE National security and emergency response (Section 4.3.11) Ballast water discharge and exchange (compliant with Australian ballast water requirements) WASTE MANAGEMENT (Section 4.3.12) Disposal of waste from normal operations of vessels (compliant with the MARPOL requirements as they exist at the commencement of this plan) Christmas Island Marine Park Management Plan 2025 39 Authorised Version F2025L00070 registered 11/02/2025 NON-COMMERCIAL REMOTELY PILOTED Non-commercial remote piloted aircraft, AIRCRAFT (DRONES) drones etc. (Section 4.3.13) – Activity is allowed in accordance with the prescriptions of this plan without separate authorisation by the Director. X – Activity is not allowed. A – Authorisation required. Activity is allowable, subject to assessment, in accordance with a permit, class approval or activity licence or lease issued by the Director (and other laws where applicable), Refer to Section 4.4 (Making decisions about activities) and Section 4.5 (Authorisation of allowable activities). b Anchoring is not allowed except in anchoring areas determined under regulation 12.56 of the EPBC Regulations. However, note that anchoring as part of most other activities under this plan (for example, recreational fishing) is allowed in the Habitat Protection Zone. 4.3.1 General use and access The prescriptions in this section set out the requirements for general use and access to Christmas Island Marine Park and apply to all users of the park. The prescriptions are summarised in Table 4.1. When accessing Christmas Island Marine Park for any purpose, general care should be taken to avoid or minimise any damage to the marine environment. For example, wherever possible, touching or anchoring on corals should be avoided. Prescriptions 4.3.1.1 General recreational access to the marine park is allowed – for example for the purposes of swimming, snorkelling, scuba diving, boating, nature watching, kayaking, paddleboarding and walking in intertidal areas. a) Fishing is not allowed in the green National Park Zone (IUCN II), and elsewhere is subject to the prescriptions provided in Sections 4.3.7 (Recreational fishing) and 4.3.3 (Commercial fishing). 4.3.1.2 Overnight stays on vessels are allowed. 4.3.1.3 The Director may issue an authorisation for an activity that would otherwise be prohibited, restricted or the subject of a determination under the EPBC Regulations. 4.3.1.4 The prescriptions in this section apply to all users of Christmas Island Marine Park, including those carrying out other activities provided for in this plan. 4.3.2 Commercial shipping The prescriptions in this section set out the requirements for commercial shipping in Christmas Island Marine Park. Australia is a party to international agreements relevant to commercial shipping in particular, the United Nations Convention on the Law of the Sea (UNCLOS) and the International Convention for the Prevention of Pollution from Ships (MARPOL). UNCLOS provides a right of innocent passage through the territorial sea for foreign vessels and a right of freedom of navigation through Australia’s Exclusive Economic Zone. This section places some limits on the exercise of these rights in some zones. The limitations are necessary to protect marine park values, apply to all commercial shipping and are consistent with Australia’s rights and obligations under UNCLOS. Christmas Island Marine Park Management Plan 2025 40 Authorised Version F2025L00070 registered 11/02/2025 There are also a range of national laws, policies and procedures relevant to commercial shipping that continue to apply within the marine park. These include the National Plan for Maritime Environmental Emergencies in relation to maritime pollution incidents, and the Biosecurity Act 2015 (Cth) and the associated Australian ballast water management requirements and Australian biofouling management requirements. Prescriptions dealing with waste disposal and ballast water discharge and exchange are in Section 4.3.12 (Waste management). Prescriptions 4.3.2.1 Commercial ships, including those undertaking other activities in accordance with this plan, may transit in Christmas Island Marine Park. 4.3.2.2 With the exception of Section 4.3.8 (Mining), persons conducting an activity in accordance with this plan under Sections 4.3.3 to 4.3.13 may anchor in the yellow Habitat Protection Zone (Christmas Island). Other commercial ships may anchor only in areas determined as anchoring areas by a determination made by the Director under regulation 12.56 of the EPBC Regulations. Note: This section does not prevent anchoring in any area of Christmas Island Marine Park due to circumstances of distress or other unforeseen circumstances beyond the vessel’s control or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress. 4.3.3 Commercial fishing The prescriptions in this section set out the requirements for commercial fishing activities in Christmas Island Marine Park, including the types of fishing gear and methods allowed. These are summarised in Table 4.1. A key requirement is that commercial fishing in the Christmas Island Marine Park must be in accordance with a commercial fishing concession from the relevant fisheries management authority. The Director will prepare a class approval to facilitate the continuation of existing (at the time this plan is made) commercial fishing operations in the yellow Habitat Protection Zone (Christmas Island). Research in connection with commercial fishing activities will be managed in accordance with
Section 4.3.10 (Research, monitoring and restoration). Prescriptions 4.3.3.1 Commercial fishing is not allowed in the green National Park Zone. 4.3.3.2 Commercial fishing activities may be conducted in the yellow Habitat Protection Zone (Christmas Island) in accordance with and subject to any determinations made by the Director under regulation 12.34 of the EPBC Regulations, and: a) a permit issued under Section 4.5.1 (Permits); or b) a class approval issued under Section 4.5.2 (Class approvals); or c) an activity licence issued under Section 4.5.3 (Activity licences and leases) to a person who is not covered by a class approval. 4.3.3.3 Commercial fishing activities must be conducted in accordance with a commercial fishing concession issued under Commonwealth, state or territory fisheries laws to the extent those laws are capable of operating concurrently with this plan. Christmas Island Marine Park Management Plan 2025 41 Authorised Version F2025L00070 registered 11/02/2025 4.3.3.4 The Director requires the views of the community advisory committee to be considered by the responsible fisheries management authority before any significant new commercial fishing activities (for example, fishing with the methods of purse seine, pelagic longline or mid-water trawl) can occur in Christmas Island Marine Park. 4.3.3.5 The following fishing gear must not be used in Christmas Island Marine Park and, if carried on board a commercial fishing vessel, must be kept stowed and secured at all times while in Christmas Island Marine Park: a) longline (demersal, auto-longline); b) net (demersal, pelagic); c) traps and pots; d) trawl (demersal); and e) trotline. 4.3.3.6 Fishing gear or methods not specified in a commercial fishing class approval or activity licence, or its conditions, must not be used. 4.3.3.7 When transiting in the green National Park Zone, all gear associated with commercial fishing operations must be stowed and secured. 4.3.4 Commercial aquaculture The prescriptions in this section set out the requirements for commercial aquaculture in Christmas Island Marine Park. A key requirement is that commercial aquaculture in the Christmas Island Marine Park must be in accordance with other applicable laws – for example, provisions of the EPBC Act and marine resources management laws. Prescriptions 4.3.4.1 Commercial aquaculture is not allowed in the green National Park Zone. 4.3.4.2 Commercial aquaculture may be conducted in the yellow Habitat Protection Zone (Christmas Island), in accordance with and subject to: a) a permit issued under Section 4.5.1 (Permits); or b) a class approval issued under Section 4.5.2 (Class approvals); or c) an activity licence issued under Section 4.5.3 (Activity licences and leases) to a person who is not covered by a class approval. 4.3.4.3 Aquaculture activities must be conducted in accordance with an approval issued under Commonwealth, state or territory marine resource management laws, including biosecurity laws, to the extent those laws are capable of operating concurrently with this plan. 4.3.4.4 The Director requires the views of the community advisory committee to be considered by the responsible marine resources management authority before any new aquaculture activities can occur in the marine park. Christmas Island Marine Park Management Plan 2025 42 Authorised Version F2025L00070 registered 11/02/2025 4.3.4.5 When transiting in the green National Park Zone, all gear associated with aquaculture operations must be stowed and secured. 4.3.5 Commercial media The prescriptions in this section set out the requirements for commercial media in the Christmas Island Marine Park. The prescriptions are summarised in Table 4.1. Prescriptions 4.3.5.1 Commercial media activities may be conducted in the Christmas Island Marine Park in accordance with and subject to: a) a permit issued under Section 4.5.1 (Permits); or b) a class approval issued under Section 4.5.2 (Class approvals); or c) an activity licence issued under Section 4.5.3 (Activity licences and leases). 4.3.5.2 Commercial media activities for the purposes of reporting news of the day may be undertaken without an authorisation. However, persons undertaking news of the day reporting must comply with any written or verbal directions issued by the Director in relation to the conduct of those activities. 4.3.6 Commercial tourism The operations of most marine tourism businesses at Christmas Island extend into the waters of Christmas Island National Park and therefore they already require an authorisation from the Director. To streamline authorisations arrangements for these operators and Parks Australia, the Director will implement arrangements that enable marine tourism operators to gain a single authorisation covering both the national park and the marine park. The prescriptions in this section set out the requirements for commercial tourism in Christmas Island Marine Park. Prescriptions 4.3.6.1 Commercial tourism activities may be conducted in Christmas Island Marine Park in accordance with and subject to: a) a class approval issued under Section 4.5.2 (Class approvals); or b) a permit issued under Section 4.5.1 (Permits); or c) an activity licence or lease issued under Section 4.5.3 (Activity licences and leases). 4.3.6.2 Commercial tourism activities that involve recreational fishing must also comply with the prescriptions in Section 4.3.7 (Recreational fishing). 4.3.7 Recreational fishing The prescriptions in this section set out the requirements for recreational fishing in Christmas Island Marine Park. The prescriptions have the effect of applying the Christmas Island recreational fishing rules within the yellow Habitat Protection Zone in the Christmas Island Marine Park. Christmas Island Marine Park Management Plan 2025 43 Authorised Version F2025L00070 registered 11/02/2025 Research in connection with recreational fishing will be managed in accordance with Section 4.3.10 (Research, monitoring and restoration). Prescriptions 4.3.7.1 Recreational fishing is not allowed in the green National Park Zone. 4.3.7.2 Recreational fishing (including spearfishing) is permitted in the yellow Habitat Protection Zone in accordance with and subject to: a) the laws governing recreational fishing at Christmas Island (to the extent those laws are capable of operating concurrently with this plan); and b) any determinations made under regulation 12.35 of the EPBC Regulations. 4.3.8 Mining Mining and similar or related activities are not allowed in Christmas Island Marine Park. Prescription 4.3.8.1 Mining and activities that are related to mining are not allowed in Christmas Island Marine Park. This includes, but is not limited to: a) oil and gas mining; b) mineral seabed mining; c) greenhouse gas storage; d) construction and operation of pipelines; and e) exploration (including seismic testing). 4.3.8.2 Vessels involved in mining may transit through Christmas Island Marine Park. 4.3.9 Structures and works The prescriptions in this section set out the requirements for structures and works in Christmas Island Marine Park, where the activity is not covered by Sections 4.3.1 to 4.3.8. Research in connection with structures and works will be managed in accordance with Section 4.3.10 (Research, monitoring and restoration). Note: Structures may include, but are not limited to, moorings, submarine cables, platforms (including any artificial structure at sea, whether floating or fixed to the seabed, but does not include a vessel), jetties, seawalls and other infrastructure. Prescriptions 2.3.9.1 Excavations, erecting a structure, or other works including maintenance of structures, and associated activities may only occur in Christmas Island Marine Park in accordance with and subject to: a) a permit issued under Section 4.5.1 (Permits); or Christmas Island Marine Park Management Plan 2025 44 Authorised Version F2025L00070 registered 11/02/2025 b) a class approval issued under Section 4.5.2 (Class approvals); or c) an activity licence or lease issued under Section 4.5.3 (Activity licences and leases). 2.3.9.2 Works activities may be carried out in Christmas Island Marine Park where it is not practicable for the action to be taken outside the marine park, and the action has been assessed as necessary for: a) maritime or visitor safety, including aiding navigation; or b) maintaining the values of the Christmas Island Marine Park; or c) critical infrastructure; or d) research, monitoring and restoration; or e) commercial tourism. 2.3.9.3 Artificial reefs may only be authorised in Christmas Island Marine Park to assist the protection, conservation or restoration of habitats and in accordance with and subject to a permit under the Environment Protection (Sea Dumping) Act 1981 (Cth). 2.3.9.4 Fish aggregating devices (FADs) may be installed in the Habitat Protection Zone in accordance with and subject to a permit or licence issued under Section 4.5 (Authorisation of allowable activities). 2.3.9.5 The Director will consult with the community advisory committee as part of their assessment of any application for a permit or licence to install a FAD. 4.3.10 Research, monitoring and restoration The prescriptions in this section set out the requirements for research, monitoring and restoration activities in the Christmas Island Marine Park. Research, monitoring and restoration activities may also be subject to the provisions of Part 13 of the EPBC Act (research involving listed species) and Part 8A of the EPBC Regulations (research relating to biological resources). Prescriptions 4.3.10.1 The Director may conduct research, monitoring and restoration activities in Christmas Island Marine Park that involve actions that are otherwise prohibited under sections 354 and 354A and Part 13 of the EPBC Act. 4.3.10.2 A person other than the Director may conduct research, monitoring and restoration activities in Christmas Island Marine Park, including taking actions that would otherwise be prohibited under sections 354 and 354A and Part 13 of the EPBC Act, only in accordance with and subject to: a) a permit issued under Section 4.5.1 (Permits); or b) a class approval issued under Section 4.5.2 (Class approvals); or c) an activity licence or lease issued under Section 4.5.3 (Activity licences and leases). Christmas Island Marine Park Management Plan 2025 45 Authorised Version F2025L00070 registered 11/02/2025 4.3.10.3 Research activities that involve access to biological resources within the meaning of Part 8A of the EPBC Regulations must also comply with the requirements of that Part (in addition to the requirements of this section). 4.3.10.4 The Director will require authorisation holders to make results of research, monitoring and restoration activities available to the Director, stakeholders and/or the general public (in a specific format where relevant). 4.3.10.5 The Director will require activity proponents to consult with relevant stakeholders including individuals and organisations on Christmas Island prior to and during the conduct of their activity, where the Director considers this appropriate. 4.3.10.6 The clean-up of general marine debris (for example, plastic waste at sea or washed up on the shoreline) is allowed in the Christmas Island Marine Park and does not require a further authorisation. 4.3.11 National security and emergency response The prescriptions in this section set out the requirements for defence, border protection, law enforcement and emergency response activities in Christmas Island Marine Park. Provisions of the EPBC Act and EPBC Regulations (Division 12.2) relating to Australian marine parks generally apply to the Commonwealth and its agencies. In addition, section 362(2) of the EPBC Act requires the Commonwealth and Commonwealth agencies to perform functions and exercise powers in relation to Australian marine parks in a way that is not inconsistent with this plan. The Director will build on existing partnerships with Commonwealth agencies, including under the National Plan for Maritime Environmental Emergencies. Prescriptions 4.3.11.1 Actions by or under direction of the Commonwealth and Commonwealth agencies in the Christmas Island Marine Park that are otherwise prohibited by sections 354 and 354A and Part 13 of the EPBC Act and covered by Division 12.2 of the EPBC Regulations are: a) allowed for the purposes of training and operations for defence, customs, border protection, law enforcement or emergency response, and may be conducted without the need for a permit or class approval; and b) allowable for purposes other than those in (a), above, in accordance with a permit or class approval issued by the Director in accordance with Section 4.5 (Authorisation of allowable activities). 4.3.12 Waste management The prescriptions in this section set out the requirements for waste management activities in Christmas Island Marine Park. Waste from normal operations of vessels must be compliant with requirements under MARPOL – the International Maritime Organization convention covering prevention of pollution of the marine environment by ships from operational or accidental causes (as those requirements exist at the commencement of this management plan). Ballast water discharge and exchange must be compliant with ballast water management requirements administered by other government agencies. Christmas Island Marine Park Management Plan 2025 46 Authorised Version F2025L00070 registered 11/02/2025 Prescriptions 4.3.12.1 Disposal of domestic and industrial waste may be carried out in accordance with and subject to: a) a permit issued under Section 4.5.1 (Permits); or b) a class approval issued under Section 4.5.2 (Class approvals); or c) an activity licence issued under Section 4.5.3 (Activity licences and leases); or d) a relevant determination made under regulation 12.14B of the EPBC Regulations. Note: At the commencement of this plan a determination is in place under the EPBC Regulations that provides for the disposal of vessels in accordance with other applicable environmental laws. This determination supports the operations of other Australian Government agencies that help to address pressures on the marine park such as illegal, unreported and unregulated foreign fishing. 4.3.12.2 Waste from normal operations may be disposed of from vessels to which MARPOL applies, in accordance with the requirements of MARPOL (as those requirements exist at the commencement of this management plan). 4.3.12.3 Disposal of waste in connection with activities authorised under Section 4.3.9 (Structures and works) will be managed in accordance with that section. 4.3.12.4 Ballast water may be discharged or exchanged subject to compliance with: a) the Biosecurity Act 2015 (Cth); and b) other relevant Commonwealth and state legislation or international agreements relevant to ballast water management. 4.3.12.5 The prescriptions in this section apply to all users of Christmas Island Marine Park, including those carrying out other activities provided for in this plan. Note: Ballast water exchange should be conducted in at least 200 nm from nearest land and in waters 200 m deep. For voyages that cannot practically meet these requirements, ballast water exchange must occur at least 12 nm from the nearest land and in water at least 50 m deep. 4.3.13 Non-commercial remotely piloted aircraft (drones) The prescriptions in this section set out the requirements for the operation of a non-commercial remotely piloted aircraft (drone) in Christmas Island Marine Park. Prescriptions 4.3.13.1 Remotely piloted aircraft (drones) may be operated in all zones of the Christmas Island Marine Park for non-commercial purposes without further authorisation from the Director, in accordance with and subject to: a) applicable aviation safety laws as administered by the Civil Aviation Safety Authority; b) relevant provisions of Part 8 of the EPBC Regulations relating to whale watching and other interactions with cetaceans; Christmas Island Marine Park Management Plan 2025 47 Authorised Version F2025L00070 registered 11/02/2025 c) other Commonwealth and state legislation relevant to remotely piloted aircraft; and d) any relevant determinations made under the EPBC Regulations. 4.3.13.2 Pilots of remotely piloted aircraft must ensure that their aircraft: a) does not approach birds from higher than a 60-degree angle or at speeds exceeding 3 m per second; b) is launched and operated as far as practicable from groups of seabirds and nesting seabirds; and c) is immediately landed if wildlife exhibit signs of disturbance for example, fleeing, sudden alteration of a course or direction, attacking the remotely piloted aircraft (drone) or being put to flight. 4.3.14 Activities governed by the EPBC Regulations Many activities that could potentially occur in the Christmas Island Marine Park are not directly addressed in Chapter 4 of this management plan but are the subject of rules under the EPBC Regulations. A list of some such activities potentially relevant to Christmas Island Marine Park is provided in Table 4.2. In broad terms, these activities are prohibited by the EPBC Regulations, unless otherwise allowed under this plan or the EPBC Regulations. Table 4.2 Summary of EPBC Regulations for park users to be aware of Activity Relevant EPBC regulation(s) Damaging and defacing natural features, objects, signs or structures 12.12 Damage to heritage 12.13 Dumping of industrial waste 12.14 Dumping of domestic waste 12.14A Use of poisonous substances 12.15 Use of firearms, fireworks and other weapons and devices. However, 12.18 note that there are provisions in the EPBC Regulations to allow transport of such items through the marine park Taking animals (except assistance animals for use by a person with a 12.19, 12.20, 12.21 disability) and plants into the park and cultivating plants Interfering with a native species. However, note that provisions in this 12.19B plan allow fishing Adventurous activities (e.g. hang gliding, paragliding, rock climbing, 12.26 abseiling, bungee jumping, BASE jumping) Public nuisance – devices that produce loud noise 12.27 Christmas Island Marine Park Management Plan 2025 48 Authorised Version F2025L00070 registered 11/02/2025 Burials. However, note the scattering of ashes at sea does not 12.32 constitute burial at sea for the purposes of the Environment Protection (Sea Dumping) Act 1981 The EPBC Regulations also provide the Director with a range of powers to address park management issues that may arise from time to time – for example, the Director can prohibit or restrict access to an area of Christmas Island Marine Park under regulation 12.23 of the EPBC Regulations. 4.3.15 New activities and authorisations New activities may be required or proposed in the Christmas Island Marine Park that are not covered by the prescriptions in this management plan. The prescriptions in this section enable the Director to consider and authorise new activities in the Christmas Island Marine Park. They also enable the Director to authorise activities in new ways that are identified to be more efficient and effective. Prescriptions 4.3.15.1 The Director may take actions that are not covered by specific prescriptions in this plan, including actions otherwise prohibited or restricted by sections 354 and 354A of the EPBC Act (for example, keeping or moving a member of a native species). 4.3.15.2 The Director may authorise (by a permit, class approval, activity licence or lease under
Section 4.4 (Authorisation of allowable activities)) actions by other persons that are not covered by prescriptions in this plan, including actions covered by sections 354 and 354A of the EPBC Act and the EPBC Regulations. 4.3.15.3 The Director may issue permits, class approvals, activity licences or leases, or other usage rights in place of existing authorisations under this plan. 4.4 Making decisions about activities The prescriptions in this section outline the approach and considerations of the Director when making decisions about what activities will be authorised in Christmas Island Marine Park. 4.4.1 Decision making Prescriptions 4.4.1.1 Decisions about activities will: a) consider the potential impacts, risks and benefits to the values of Christmas Island Marine Park as set out in Chapter 2.3 of this plan, marine parks users and stakeholders; and b) be consistent with the objectives of the Christmas Island Marine Park set out in Chapter 3.1, the objectives of the zone or zones in which the activity will be or is being carried out, and the applicable Australian IUCN reserve management principles as set out in Schedule 8 of the EPBC Regulations. 4.4.1.2 Before authorising a proposed activity, the Director must be satisfied that: a) potential impacts on and risks to the values of Christmas Island Marine Park will be avoided or reduced to as low as reasonably practicable; b) the proponent has consulted or will consult appropriately with stakeholders, including relevant representatives of the Christmas Island community; Christmas Island Marine Park Management Plan 2025 49 Authorised Version F2025L00070 registered 11/02/2025 Note: The Director will provide guidance for proponents on what constitutes appropriate consultation where requested. c) the proponent has the capacity to comply with the conditions of the authorisation; and d) the relevant regulatory requirements have been or will be met. 4.4.2 Assessment under other processes Prescriptions 4.4.2.1 For the purposes of Section 4.4.1 (Decision making), the Director may consider the assessment of proposed activities made under Chapter 4 of the EPBC Act or the Environment Protection (Sea Dumping) Act 1981 or under a government or industry policy, plan, or program. 4.4.3 Review of decisions The prescriptions in this section outline the processes for seeking a review of a decision. A person whose interests are affected by a decision by the Director under this plan, including a decision about an authorisation, may seek review under the Administrative Review Tribunal Act 2024 (Cth) and in accordance with the review process set out in Division 14.3 of the EPBC Regulations. Without limiting the operation of the EPBC Regulations, a person may only apply to the Administrative Review Tribunal for the review of the Director’s reconsideration of a decision under this plan. This plan extends the same review rights to decisions on all authorisations made by the Director under this plan. Where the Director issues a class approval for an activity, review is limited to the making of the class approval. Prescriptions 4.4.3.1 The process for reconsideration of a Director’s decision about a permit under Section 4.5.1 is provided for in regulation 14.3 of the EPBC Regulations. 4.4.3.2 The process for reconsideration in 14.3 of the EPBC Regulations applies to any decision of the Director under Section 4.5 of this plan, including decisions about class approvals (Section 4.5.2) and activity licences and leases (Section 4.5.3). 4.4.3.3 Without limiting the operation of 14.3 of the EPBC Regulations, the person requesting the reconsideration must: a) have their interest affected by the decision and be dissatisfied with the decision; b) provide written notice to the Director, asking the Director to reconsider the decision, within 21 days after the decision first comes to the notice of the person; and c) set out in the written notice the reasons for making the request. 4.4.3.4 The Director will follow the process in 14.3 of the EPBC Regulations when reconsidering a decision made under Section 4.5 of this management plan. 4.4.3.5 A person may apply to the Administrative Appeals Tribunal for the review of the Director’s reconsideration decision. Christmas Island Marine Park Management Plan 2025 50 Authorised Version F2025L00070 registered 11/02/2025 4.5 Authorisation of allowable activities The Director may authorise allowable activities through a permit, class approval, activity licence or lease in accordance with this chapter. The prescriptions in this section describe those types of authorisations, the processes and considerations for issuing them, and the conditions that may be imposed by the Director. 4.5.1 Permits A permit can be issued to authorise a person or persons to conduct an allowable activity for example, for an activity that is one-off, time bound and/or not generally conducted in a similar way. Prescriptions 4.5.1.1 A permit may be issued for an allowable activity where prescribed by Section 4.3 (Prescriptions for activities) of this plan, in accordance with Part 17 of the EPBC Regulations, subject to the prescriptions (if any) relating to the activity. 4.5.1.2 In assessing a permit application, the Director may ask the applicant for more information if the Director considers there is insufficient information to decide whether to issue the permit. 4.5.1.3 A permit may be subject to conditions including but not limited to (and depending on the type of activity): a) specifying the area in which, and the periods during which, the approved activity may be conducted; b) requiring the impacts of the permitted activity to be mitigated by specified actions developed in consultation with the Director; c) consultation with relevant Christmas Island community members and/or organisations; d) the provision of, or consent for access to, data for compliance and monitoring purposes; e) making results of data collection, research and monitoring available to the Director (and in a specific format where relevant) and relevant stakeholders; f) requiring reporting or auditing; g) complying with other Commonwealth, state or territory laws and authorisations issued under such laws; h) allowing for the Director or representative to board vessels, accompany tours or enter premises for the purpose of evaluating compliance with permit conditions; and i) requiring, restricting or prohibiting the use of specified gear, equipment or practices. 4.5.1.4 A permit may be suspended or cancelled, and permit conditions may be varied or revoked, in accordance with Part 17 of the EPBC Regulations. 4.5.2 Class approvals This plan provides for the Director to issue class approvals to authorise activities by a specified person or class of persons where the activities are generally done in the same way by persons conducting the activity. This can include, but is not limited to, activities that have been authorised under Chapter 4 of the EPBC Act or the Environment Protection (Sea Dumping) Act 1981 or assessed Christmas Island Marine Park Management Plan 2025 51 Authorised Version F2025L00070 registered 11/02/2025 and authorised under other government or industry processes. Class approvals will be published on the Parks Australia website. Issuing class approvals can reduce regulatory burden by avoiding duplication in assessment and approval processes and would be introduced in consultation with the relevant person or class of persons. Prescriptions 4.5.2.1 The Director may issue a class approval for activities where prescribed by Section 4.3 (Prescriptions for activities). 4.5.2.2 A class approval may be subject to conditions including but not limited to (and depending on the class of activities): a) specifying the area in which, and the periods during which, the approved activity or class of activities may be conducted; b) requiring the impacts of the authorised activity to be mitigated by specified actions developed in consultation with the Director; c) consultation with relevant Christmas Island community members and/or organisations; d) the provision of, or consent for access to, data for compliance and monitoring purposes; e) making results of data collection, research and monitoring available to the Director (and in a specific format where relevant) and relevant stakeholders; f) requiring reporting or auditing; g) complying with other Commonwealth, state or territory laws and authorisations issued under such laws; h) requiring, restricting or prohibiting the use of specified gear, equipment or practices; and i) allowing for the Director or representative to board vessels, accompany tours or enter premises for the purpose of evaluating compliance with class approval conditions. 4.5.2.3 A class approval may be varied, suspended, or cancelled, and approval conditions may be varied or revoked, or further conditions applied by the Director. Generally, such a decision will be made in response to new information relevant to the activity and in consultation with the relevant person or class of persons. 4.5.2.4 Class approval conditions may be varied or revoked, or have further conditions applied, if the Director is satisfied that it is necessary or appropriate to do so for the efficient or effective management of the activities to which the approval relates. 4.5.2.5 A class approval may be varied to remove a person from the class of approved persons at the request of that person or if the Director is satisfied that the person has breached a condition of the approval. Note: Where a person has been removed from a class approval, they may apply for a permit under
Section 4.5.1 (Permits) or an activity licence under Section 4.5.3 (Activity licences and leases). Christmas Island Marine Park Management Plan 2025 52 Authorised Version F2025L00070 registered 11/02/2025 4.5.3 Activity licences and leases An activity licence or lease may be issued to authorise an activity where it is more appropriate than the use of a permit or class approval, such as for activities that involve the installation of infrastructure for the exclusive use of a commercial operation. Licences and leases are transferable and generally granted for a longer term than permits. They may include agreed fees reflecting the commercial value of the authorisation and, in the case of leases, provide security of tenure over an area to support investment in infrastructure. Prescriptions 4.5.3.1 An activity licence or lease may be granted where prescribed by Section 4.3 (Prescriptions for activities), subject to the prescriptions (if any) relating to the activity. 4.5.3.2 An activity licence or lease may be subject to conditions including but not limited to: a) specifying the area in which, and the periods during which, the authorised activity may be conducted; b) requiring the impacts of the authorised activity to be prevented or mitigated by specified actions developed in consultation with the Director; c) consultation with relevant Christmas Island community members and/or organisations; d) the provision of, or consent for access to, data for compliance and monitoring purposes; e) making results of data collection, research and monitoring available to the Director (and in a specific format where relevant) and relevant stakeholders; f) requiring reporting or auditing; g) complying with other Commonwealth, state or territory laws and authorisations issued under such laws; h) requiring, restricting or prohibiting the use of specified gear, equipment or practices; i) allowing for the Director or representative to board vessels, accompany tours or enter premises for the purpose of evaluating compliance with licence conditions; and j) providing for the payment of fees. Christmas Island Marine Park Management Plan 2025 53 Authorised Version F2025L00070 registered 11/02/2025
Schedule 1 International agreements Image: Christmas Island coastline (Parks Australia) This plan takes into account Australia’s obligations and commitments under international agreements that are relevant to the Christmas Island Marine Park. These include: • Agreement between the Government of Australia and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment (JAMBA); • Agreement between the Government of Australia and the Government of the People’s Republic of China for the Protection of Migratory Birds and their Environment (CAMBA); • Agreement between the Government of Australia and the Government of the Republic of Korea for the Protection of Migratory Birds 2007 (ROKAMBA); • Agreement on the Conservation of Albatrosses and Petrels (ACAP); • Convention on Biological Diversity (CBD); • Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES); Christmas Island Marine Park Management Plan 2025 54 Authorised Version F2025L00070 registered 11/02/2025 • Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention); • Indian Ocean-South-East Asian Marine Turtle Memorandum of Understanding; • International Convention for the Control and Management of Ships’ Ballast Water and Sediments; • International Convention for the Prevention of Pollution from Ships (MARPOL); • International Convention for the Regulation of Whaling; • Kunming-Montreal Global Biodiversity Framework; • United Nations Convention on the Law of the Sea (UNCLOS); • 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (the London Protocol); and • 2030 Agenda for Sustainable Development and the Sustainable Development Goals (2030 Agenda). Christmas Island Marine Park Management Plan 2025 55 Authorised Version F2025L00070 registered 11/02/2025
Schedule 2 Select references Image: Deep sea brittle star on sea fan (Museums Victoria) Brewer DT, Potter A, Skewes TD, Lyne V, Andersen J, Davies C, Taranto T, Heap AD, Murphy NE, Rochester WA, Fuller M & Donovan A 2009, Conservation values in Commonwealth waters of the Christmas and Cocos (Keeling) Island remote Australian territories, CSIRO, https://australianmarineparks.gov.au/static/98f067cbf389235a7e47a068f686771a/amp-document- conservation-christmas-cocos.pdf, accessed 4 December 2024. Department of the Environment and Energy (DEE) 2018, Threat Abatement Plan for the impact of marine debris on the vertebrate wildlife of Australia’s coasts and oceans, DEE, https://www.dcceew.gov.au/sites/default/files/documents/tap-marine-debris-2018.pdf, accessed 1 November 2024. Director of National Parks 2021a, Director of National Parks Report on public comments received on the draft Proposal for the establishment of marine parks in Australia’s Indian Ocean Territories, Department of Climate Change Energy Environment and Water, https://api.parksaustralia.gov.au/sites/default/files/2022-11/document/amp-document-AMP-IOT-Report- on-draft-proposal-consultation-FA-Oct2021.pdf, accessed 4 December 2024. Director of National Parks 2021b, Proclamation proposal for the establishment of marine parks in Australia’s Indian Ocean Territories (Cocos (Keeling) Islands and Christmas Island), Department of Climate Change, Energy, the Environment and Water, https://api.parksaustralia.gov.au/sites/default/files/2022-11/document/amp-document-AMP- Christmas Island Marine Park Management Plan 2025 56 Authorised Version F2025L00070 registered 11/02/2025 Proclamation-Proposal-for-the-establishment-of-marine-parks-in-IOTs-Consultation-Paper-October- 2021.pdf, accessed 4 December 2024. Director of National Parks 2021c, Summary of initial community consultation on marine environment values and considerations, Department of Climate Change, Energy, the Environment and Water, https://parksaustralia.gov.au/marine/pub/iot/AMP-IOT-Report-on-draft-proposal-consultation-FA- Oct2021.pdf, accessed 4 December 2024. O’Hara TD 2023, An assessment of the offshore marine natural values of Australia’s Indian Ocean Territories, Museum Victoria, https://api.parksaustralia.gov.au/sites/default/files/2023- 06/document/ohara-2023-iot-offshore-natural-values-final.pdf, accessed 4 December 2024. O’Hara TD 2023, Proposed offshore key ecological features and biologically important areas of Australia’s Indian Ocean Territories, Museum Victoria, https://api.parksaustralia.gov.au/sites/default/files/2023-06/document/ohara-2023-proposed-offshore- iot-kef-bias-v3.02-final-for-publication.pdf, accessed 4 December 2024. Pratchett M 2021, Natural values of inshore waters of Australia’s Indian Ocean Territories – Christmas & the Cocos (Keeling) Islands, James Cook University, Qld, https://api.parksaustralia.gov.au/sites/default/files/2022-11/document/amp-document-iot-natural-values- report-final-jan-2022.pdf, accessed 4 December 2024. Zhang Juwen 2004, The Book of Burial (Guo Pu), E. Mellen Press, Lewiston. Christmas Island Marine Park Management Plan 2025 57 Authorised Version F2025L00070 registered 11/02/2025 Glossary adaptive A systematic process for continual improvement of management practices management that involves ongoing monitoring of management actions, evaluating their effectiveness in achieving stated objectives and adjusting management accordingly. artificial reef Has the meaning given by the Environment Protection (Sea Dumping) Act 1981 (Cth) namely, a structure or formation placed on the seabed: (a) for the purpose of increasing or concentrating populations of marine plants and animals; or (b) for the purpose of being used in human recreational activities. Australian IUCN The EPBC Act (section 348) requires the EPBC Regulations to prescribe reserve principles for each IUCN category. These principles are the Australian IUCN management reserve management principles and are found in Schedule 8 of the EPBC Act. principles Australian marine Commonwealth Reserves, named as marine parks, declared by the Governor- parks General by Proclamation under section 344 of the EPBC Act. authorisation As described in Section 4.5 (Authorisation of allowable activities) of this plan. ballast water Water taken on board by vessels to maintain stability and trim. biodiversity or Has the meaning given by section 528 of the EPBC Act. biological diversity bioregion A large area that has similar types of plants, animals and ocean conditions compared with other similarly sized areas and, in this document, those bioregions as defined in the Integrated Marine and Coastal Regionalisation of Australia Version 4.0. class approval As described in Section 4.5.2 (Class approvals) of this plan. commercial Farming and culturing of aquatic organisms, such as fish, crustaceans and aquaculture molluscs. commercial fishing Has the meaning given by section 390SC(1A) of the EPBC Act: a fishing activity that is engaged in for a commercial purpose and, to avoid doubt, does not include an activity that constitutes recreational fishing. Commonwealth Has the meaning given by section 24 of the EPBC Act. marine area Commonwealth A reserve established and managed under Division 4 of Part 15 of the EPBC Reserve Act, including an Australian marine park. Christmas Island Marine Park Management Plan 2025 58 Authorised Version F2025L00070 registered 11/02/2025 Director of National Established under section 514A of the EPBC Act, including any person to whom Parks (Director) the Director has delegated powers and functions under the EPBC Act in relation to the Christmas Island Marine Park. dropline A line that is vertically set or suspended in the water column between a weight (normally in contact with the seabed) and a vessel or a buoy on the water surface. Baited hooks are attached to the main line via smaller lines (branch- lines or snoods). ecologically Has the meaning given by section 528 of the EPBC Act. sustainable use ecosystem Has the meaning given by section 528 of the EPBC Act. environment Has the meaning given by section 528 of the EPBC Act. endemic Native to or confined to a certain region. Exclusive Marine area beyond the territorial sea over which Australia has sovereign Economic Zone rights for the purpose of exploring and exploiting, conserving and managing (EEZ) all natural resources. fish aggregating Has the meaning given by the Sea Installation Act 1987 (Cth), namely: device (a) a man-made structure that, when in, or brought into, physical contact with the seabed or when floating, is used solely for the purpose of attracting populations of fish so as to facilitate the taking of those fish; or (b) any electronic or other equipment designed or intended to be ancillary to, or associated with, such a structure while it is being used, or in order to facilitate the use of the structure, for that purpose. The definition does not include a net, trap or other equipment for taking, catching or capturing fish. hand collection Removing species from rocks, crevices, the seafloor or other benthic substrate by hand using dive hookah, self-contained underwater breathing apparatus (scuba) or snorkel. hand net (hand, A small mesh net that is operated by hand to trap fish, such as a hand net, barrier, skimmer, barrier net, skimmer net, cast net, scoop net, drag net or lift net. cast, scoop, drag, lift) International The United Nations specialised agency with responsibility for the safety Maritime and security of shipping and the prevention of marine and atmospheric Organization (IMO) pollution by ships. International Union A membership union comprising government and non-government for the organisations, with the goal of conserving the environment. Conservation of Nature (IUCN) Christmas Island Marine Park Management Plan 2025 59 Authorised Version F2025L00070 registered 11/02/2025 marine invasive Species moved to an area outside their natural range, generally by human species activities, and that threaten the environment, human health or economic values. key ecological Elements of the Commonwealth marine environment that, based on best feature available scientific understanding, are considered to be of regional importance for either the region’s biodiversity or its ecosystem function and integrity. longline (demersal, A line that is horizontally set along the seafloor between weights to maintain auto-longline) contact with the seafloor. The main line has a vertical line attached at each end which is connected to buoys on the water surface. Baited hooks are attached to the main line via smaller lines (branch-lines or snoods). An auto-longline is a longline where the hooks are baited by a machine rather than manually. longline (pelagic) A line that is horizontally set near the surface of the water and avoids contact with the seafloor. The main line has a vertical line attached at each end which is connected to buoys on the surface of the water. Baited hooks are attached to the main line via smaller lines (branch-lines or snoods). Buoys are generally used intermittently along the main line to help maintain buoyancy in the water column. The line may be left to drift in the water or be anchored by vertical lines to the seafloor. MARPOL The International Convention for the Prevention of Pollution from Ships. MARPOL is the International Maritime Organization (IMO) convention covering prevention of pollution of the marine environment by ships from operational or accidental causes. This is the main international convention for the prevention of ship-sourced pollution in the marine environment. MARPOL addresses pollution that might result from accidents such as collisions or groundings, as well as all types of waste generated during the normal operation of a ship. Ships are permitted to discharge small quantities of certain wastes, subject to very strict controls. Any reference to MARPOL is a reference to MARPOL as it existed at the commencement of this management plan. Minister The Minister responsible for administering the EPBC Act. minor line Any line fishing with a small number of hooks, often just one (i.e. handline, rod (handline, rod and and reel, squid jigging and pole fishing). Trolling is dragging a lure or baited hook reel, trolling, squid behind a moving vessel and reeling it in (by hand, reel or winches). Poling is jig, poling) dragging a lure or baited hook on a fixed length of line behind a vessel and flicking or gaffing the fish into the boat. Squid jigging involves vertical lines with several barbless lures being mechanically jigged up and down to attract squid. National Australia’s comprehensive, adequate and representative system of marine Representative protected areas that contributes to the long-term ecological viability of marine System of Marine and estuarine systems, maintains ecological processes and systems and Protected Areas protects Australia’s biological diversity at all levels. (NRSMPA) Christmas Island Marine Park Management Plan 2025 60 Authorised Version F2025L00070 registered 11/02/2025 net (demersal) A rectangular mesh net anchored to the seafloor with weights. The net may have small floats along the upper line to maintain its shape in the water. Each end has a vertical line that is connected to buoys on the surface of the water. net (pelagic) A rectangular mesh net set near the surface of the water that is not in contact with the seafloor. The net generally has floats along the upper line to maintain buoyancy. Each end is connected to a buoy on the surface of the water. The net can be left to drift or connected to a boat. news of the day Contemporary reporting in relation to an unanticipated event that has occurred reporting in or adjacent to the park. Parks Australia The Division in the Department of Climate Change, Energy, the Environment and Water that supports the Director of National Parks to deliver its responsibilities. pelagic Open water. permit As described in Section 4.5.1 (Permits) of this plan. prescription Mandatory requirements for activities in Christmas Island Marine Park. pressures As described in Section 2.4 of this plan. protected species Species listed under the EPBC Act as threatened, migratory or marine species and/or cetaceans (whales, dolphins and porpoises). purse seine A semi-rectangular mesh net with floats along the top and a weighted line along the bottom. A vessel or buoy is used to anchor one end of the net while it is set around a fish aggregation in a circular pattern. The bottom of the net has a cable threaded through it which, when pulled, brings the bottom of the net together like a purse trapping the fish inside. The net is then pulled toward the vessel and the fish are either lifted or pumped on board the vessel. Ramsar Convention The Convention on Wetlands of International Importance. The Ramsar Convention was signed in Ramsar, Iran, in 1971. The convention aims to halt the worldwide loss of wetlands and to conserve, through wise use and management, those that remain. recreational fishing Taking marine species, including shells, not for commercial purposes and, to avoid doubt, does not include an activity that constitutes commercial fishing. stowed and All fishing apparatus, including nets and lines, are rendered inoperative in zones secured where fishing is not permitted, including that the apparatus is inboard the vessel and otherwise completely out of the water, or as determined by the Director. Christmas Island Marine Park Management Plan 2025 61 Authorised Version F2025L00070 registered 11/02/2025 transit Generally considered to be continuous and expeditious passage through an area. However, it also includes: - maintaining position (without anchoring) in an area when required – for example, when waiting to enter a port - stopping and anchoring when in distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress. trap, pot Traps and pots are made in a variety of shapes and sizes from various materials. They are generally baited to attract fish or crustaceans through one or more entrances or openings. Traps and pots are set on the seafloor and connected to a vertical line with a buoy on the surface of the water. trawl (demersal) A cone-shaped mesh net towed through the water column on or near the seabed that may come into contact with the seabed during use. The net is held open horizontally by otter boards or trawl doors while towing. The bottom of the net opening generally has chains, rubber or steel bobbins and spacers threaded along its length to help reduce snagging by slightly lifting the net off the seafloor. The last section of the net is a cod end, where the catch is retained. Long metal cables connect the net and boards to a vessel. The cable length and mesh size vary depending on the species being targeted (fish or prawns). These nets can be towed by one vessel in various configurations such as one or 4 nets. trawl (midwater) A cone-shaped mesh net towed through the water column that does not come into contact with the seabed at any stage during use. The net is held open horizontally by otter boards or trawl doors while towing. The bottom of the net opening is weighted. The last section of the net is a cod end, where the catch is retained. Long metal cables connect the net and boards to a vessel. The cable length and mesh size vary depending on the species being targeted (fish or prawns). These nets can be towed by one vessel in various configurations, such as one or 4 nets. trotline Very similar to a demersal longline a line that is horizontally set along the seafloor. The main line has a vertical line attached at each end which is connected to buoys on the surface of the water. Baited hooks are attached to the main line via smaller lines (branch-lines or snoods). Buoys are used intermittently along the main line to lift baited hooks away from the seafloor. UNCLOS United Nations Convention on the Law of the Sea, concluded at Montego Bay on 10 December 1982. values As described in Section 2.3 of this plan. Christmas Island Marine Park Management Plan 2025 62 Authorised Version F2025L00070 registered 11/02/2025 Index A Abbott’s booby seabirds, 13, 20, 22 activities allowable, authorisation of, 51 class approvals, 51 decisions about, 49 EPBC Regulations, governed by, 48 licences and leases, 53 management of, 37 new, 49 permits for, 51 prescriptions for, 38 proposed, assessment of, 50 Administrative Review Tribunal review of decisions by, 50 aquaculture, commercial, 42 authorisations, 49 B ballast water discharge, 46 batfish, 25 Biosecurity Act 2015 (Cth), 41 biosecurity controls, 28 bluefin trevally, 23 C cetaceans, species of, 20 Chinese and Malay communities, 16, 23 fishing, 23 maritime skills and traditions, 23 oral histories and stories, 23 Christmas Island Administrator, 11 cemeteries on, 17 community of, 16 fisheries on, 11 government, 11 history of, 16 Ocean Territory, 11 people of, 16 Christmas Island frigate bird, 22 Christmas Island Marine Park access, 40 biological processes in, 13 Commonwealth Reserve, 10 coral reefs, 13 description of, 13 drivers, 26 establishment, 10 fish species in, 13 general use, 40 63 Authorised Version F2025L00070 registered 11/02/2025 ‘green’ National Park Zone (IUCN II), 13, 14 hybrid marine fish, 13 IUCN zoning, 37 management plan overview, 10 national park, adjoining, 29, 30 objectives, 6 offshore deep-sea environment, 13 pressures, 26 values see values vision statement, ‘yellow’ Habitat Protection Zone (Christmas Island) (IUCN IV), 13, 15, 24, 28, 41 Christmas Island National Park, 13, 18, 22, 29, 30, 43 climate change, 26 coastal development, 28 Cocos (Keeling) Islands Marine Park establishment, 10 commercial activities, 24 Commonwealth Director of National Parks, 10 Community Advisory Committee establishment, 11, 34 meetings, 35 role, 34 coral bleaching, 18, 26, 27, 33 coral reefs, 13 climate and environmental change, 26 ecosystems, 18 endemic and hybrid fish, 18 marine life in, 18 reef fish communities, 18 cultural values, 23 D Department of Infrastructure, Transport, Regional Development, Communications and the Arts (DITRDCA), 11, 24 Director of National Parks management plans, preparing, 11 disease, 27 dogtooth tuna, 23 drivers Christmas Island Marine Park, on, 26 definition, 26 management of, 29 drones, 47 E education, 26 emergency responses, 46 employment, 26 Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act), 9, 10, 37, 45 Environment Protection and Biodiversity Conservation (Christmas Island Marine Park Management Plan) Instrument 2025 authority, 9 commencement, 9 name, 9 Environment Protection and Biodiversity Conservation Regulations (EPBC Regulations) 64 Authorised Version F2025L00070 registered 11/02/2025 activities governed by, 48 summary of, 48 Environment Protection (Sea Dumping) Act 1981, 51 Exclusive Economic Zone, 28, 40 F fisheries Christmas Island, on, 11 Fisheries Management Committee, 24, 28 management, 24 fishing commercial, 24, 28, 41 discarded gear, 29 illegal, 28 Malay and Chinese culture and lifestyle, 23 pressure, 28 recreational, 28, 43 flying fish, 22 Flying Fish Cove, 13, 23, 28 G golden bosun, 22 I Indian Ocean Territories administration of, 11 infrastructure, 28 international agreements, 54 International Convention for the Prevention of Pollution from Ships (MARPOL), 40, 46 International Union for the Conservation of Nature (IUCN), 36 invasive species, 27–8 L land crabs, 13, 19 M Malay community see Chinese and Malay communities management plans evaluation, 34 marine parks, for, 11 monitoring, 34 reporting, 34 management programs goals and desired outcomes, 31–3 marine debris, 27 marine environments healthy and thriving, 5 marine parks Australia, in, 10 management plans for, 11 maritime skills and traditions, 23 media, commercial, 43 mining, 44 Minister for Territories, 24 65 Authorised Version F2025L00070 registered 11/02/2025 monitoring activities, 45 multicultural community, 23 N national environmental significance matters of, 11 National Plan for Maritime Environmental Emergencies, 41 National Representative System of Marine Protected Areas (NRSMPA), 10, 36 national security, 46 natural values, 17 O open ocean ecosystem, 20 P Parks Australia, 34, 35 marine park management by, 10 website, 29 phosphate export, 28 plastic waste, 27 pollution, 27 maritime pollution, 41, 46 pressures Christmas Island Marine Park, on, 26 definition, 26 management of, 29 R recreational activities, 24, 29 red crabs, 13 life cycle of, 20 spawning season, 23 remotely piloted aircraft, 47 research, 26, 45 researchers, 13 restoration activities, 45 review of decisions, 51 S sampans, 23 scuba diving, 24, 25, 29 sea cultural significance, 17 importance of, 16–17 seabirds, 22 seafloor features, 20 seamounts, 20, 21 sharks, 23 shipping, commercial, 40 Smith Point, 23 snorkelling, 24, 29, 36 social and economic values, 24 South Equatorial Current, 13 southern blue fin tuna, 20 66 Authorised Version F2025L00070 registered 11/02/2025 squat lobsters, 21 structures and works, 44 T Taoism, 17 tourism activities, 13, 29 commercial , 43 U United Nations Convention on the Law of the Sea (UNCLOS), 40 V values Christmas Island Marine Park, of, 17 cultural values, 23 management of, 29 meaning of, 17 natural, 18 social and economic, 24 vision statement, 5 W wahoo, 23 waste management, 46 wellbeing of community, 26 whale sharks, 23 Y yellowfin tuna, 23, 24 Z zoning, 36–7 67 Authorised Version F2025L00070 registered 11/02/2025 68 Authorised Version F2025L00070 registered 11/02/2025