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Review of ship safety and pollution prevention measures in the Great Barrier Reef

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1. INTRODUCTION

Terms of Reference

1.1 The Commonwealth Minister for Transport and Regional Services, the Hon John Anderson MP, announced the review of ship safety and pollution prevention measures on 6 November 2000.

1.2 The review was initiated in recognition of the potential impacts of shipping on the unique values of the Great Barrier Reef and the need for continuous improvements in regulatory arrangements and operational practices for shipping in the region.

1.3 The terms of reference (at Attachment A) require the review to develop strategies to address five specific areas:

Extending the compulsory pilotage area in the Reef taking into account availability of skilled pilots and possible impacts on fatigue management;

Advancing the introduction of technological developments to track and monitor shipping operations in the Reef;

Enhancing existing ship routeing, traffic management and Emergency Response Division arrangements;

Constraining certain types of ships from operation in the Reef, or adjacent to it, having regard to their condition, operational status and cargo; and

Improving legislative powers of intervention and enforcement, heightening the level of offences and penalties, and ordering restitution, to the maximum extent possible under international law.

The Way Ahead - A Shipping Management Plan

1.4 The review has identified a range of considerations relating to the use of the Great Barrier Reef (GBR) region by shipping. In conducting the review, it was apparent there is no overall coordinated policy relating to shipping in the GBR. Several authorities at Commonwealth and State level have regulatory responsibilities for different aspects of shipping and there is a complex web of legislative requirements.

1.5 The response to the Bunga Teratai Satu incident clearly demonstrated the weaknesses and complexities of these shared arrangements, despite the close and effective working relationship among the various authorities with responsibilities for shipping in the GBR region.

1.6 The four agencies with principal responsibility for management of shipping in the region – the Australian Maritime Safety Authority (AMSA), Queensland Transport (QT), the Great Barrier Reef Marine Park Authority (GBRMPA) and the Commonwealth Department of Transport and Regional Services (DTRS) – believe a better coordinated management approach is essential to balance the legitimate operations of shipping and the need to protect the sensitive environment of the GBR.

1.7 These four agencies agree there is a need to form a Great Barrier Reef Shipping Management Group to progress the initiatives identified in this report and to work with other agencies, such as Queensland Fisheries and the Australian Fisheries Management Authority, on policies and practices to improve ship safety and environmental protection for the Great Barrier Reef.

Recommendation 1

The review recommends establishment of an ongoing Great Barrier Reef Shipping Management Group, including executive representation from AMSA, DTRS, Queensland Transport and GBRMPA, to carry forward the review’s recommendations and to ensure ongoing clarification of roles and responsibilities of all relevant agencies involved with shipping operations in the Great Barrier Reef and Torres Strait.

1.8 Management of shipping in the region would be improved by the development of a coordinated Shipping Management Plan. The Plan should clarify the legal regime and responsibilities of Commonwealth and State authorities, and establish broad objectives and policy parameters for shipping to guide management of the region and regulation of the industry.

1.9 It should aim to provide an integrated management regime that is consistent with the multiple use management objectives of the Marine Park, and sustainable access to ports in the region. It should also work towards simplifying the existing complex shared jurisdictional arrangements between agencies.

1.10 In preparing and updating the Plan, there should be full consultation with all interested parties, including the shipping industry, pilots, indigenous communities, the fishing and tourism industries and conservation groups.

Recommendation 2

The review recommends that the Great Barrier Reef Shipping Management Group prepare a Shipping Management Plan as part of a three year rolling program of management for shipping in the Great Barrier Reef.

Recommendation 3

The review recommends that the Great Barrier Reef Shipping Management Group regularly update progress on the review initiatives and provide an annual report to their respective Ministers.

1.11 Proper multiple-use management of the GBR Marine Park requires an understanding of the full economic, environmental and social impacts of the various activities conducted within its boundaries. Impact studies have been prepared already for fishing and tourism. It would be appropriate that a comparable study be carried out for shipping activities.

1.12 Some data is already available from the 1995 Great Barrier Reef and Torres Strait Shipping Study and the Bureau of Transport Economics and private evaluations of the impact of selected ports in the region. This data should be updated and supplemented with information on environmental and social aspects, including indigenous community considerations.

Recommendation 4

The review recommends the Great Barrier Reef Shipping Management Group develop a study of the economic, environmental and social impact of shipping in the Great Barrier Reef Marine Park and Torres Strait, to assist with the long-term management of the industry within the region.

Conduct of the Review

1.13 The review was undertaken by a Steering Committee comprising senior officials of the Australian Maritime Safety Authority (AMSA), Queensland Transport (QT), the Great Barrier Reef Marine Park Authority (GBRMPA) and the Commonwealth Department of Transport and Regional Services (DTRS).

1.14 The Steering Committee presented an interim report to Minister Anderson on 15 December 2000, identifying key directions for discussion with stakeholders.

1.15 The review involved an extensive consultative process in line with its terms of reference. Over 80 stakeholders were invited to participate, including coastal pilots and pilotage service providers, the shipping industry, environmental groups, indigenous representatives and other interested parties.

1.16 In late January 2001, a public advertisement invited submissions to be made by 31 March 2001. This deadline was later extended by the Steering Committee to 30 April 2001 for certain indigenous groups needing further time to consult with their communities.

1.17 A discussion paper, which canvassed major issues involved in the review, was released in January 2001 and circulated to stakeholders.

1.18 An initial round of consultative forums were held between 5 and 9 February 2001 in Cairns, Townsville and Brisbane. These involved separate sessions for environmental groups, indigenous representatives, shipping interests and for the general public. Separate meetings were held with pilots and pilotage providers in Cairns and Brisbane.

1.19 Another series of consultations were held from 12 to 14 March 2001 on three Torres Strait islands and in Townsville. These focused on further meetings with indigenous representatives, involving visits to local communities on Thursday, Coconut (Poruma) and Yorke (Masig) Islands in the Torres Strait and another forum with indigenous groups in Townsville.

1.20 The review received 65 submissions from interested parties. A summary of persons and organisations making submissions is at Attachment B. Submissions were received from Commonwealth and State Government agencies, the shipping industry, coastal pilots and their representative organisations, pilotage service providers, conservation groups, ports, users of shipping, community and indigenous groups and concerned members of the public.

Significance of the Great Barrier Reef

1.21 The Great Barrier Reef (GBR) is internationally recognised as a unique marine environment. It is the largest coral reef ecosystem and the world’s largest living structure. It extends over 2,300 kilometres from Lady Elliot Island off the coast south of Gladstone to the tip of Cape York Peninsula in the north, as shown in Figure 2.1.

1.22 The protection of its outstanding natural qualities was enhanced with the establishment of the Great Barrier Reef Marine Park in 1975. This is the world’s largest marine park, covering an area of 345,000 square kilometres, and is under the management of the Great Barrier Reef Marine Park Authority (GBRMPA).

1.23 In addition to its environmental and cultural significance, the GBR has important economic significance. It supports a billion dollar sector of the tourism industry and a $250 million sector of the fishing industry. In total the GBR is estimated to contribute around $2 billion per annum to the Queensland economy.

1.24 Exports from all Queensland ports, is valued at $16.24 billion or 15% of the State’s GDP. Of this around $10 billion of export merchandise, or about 9% of Queensland GDP, used the eleven ports and shipping in the GBR region. The four major ports in the GBR (Cairns, Townsville, Mackay and Gladstone) are estimated to contribute some $3 billion and 23,000 jobs directly into the Queensland and regional economies.¹

1.25 Accordingly, the legislative and management arrangements for the Marine Park provide for its multiple use management, in a way that ensures conservation and scientific research while also allowing reasonable use of the Great Barrier Reef Region and its resources for commerce and recreation.

1.26 Indigenous communities have a close association over thousands of years with the coastal and marine environment in the Great Barrier Reef region for both cultural and economic purposes. Measures impacting on the management of the region need to recognise the continuing use and interest of indigenous communities in pursuit of their culture and protection of their heritage.

1.27 The review recognises the importance for indigenous communities to be involved in development of management plans to ensure their traditional use of resources and rights and interests in the land and sea are respected. There also is a need for culturally appropriate interaction with indigenous communities by agencies and cooperative management arrangements where relevant.

1.28 The GBR was inscribed on the World Heritage List in 1981 under the 1972 Convention Concerning the Protection of World Cultural and National Heritage. It is the world’s largest World Heritage area.

1.29 The International Maritime Organization (IMO), a specialised agency of the United Nations, designated the Great Barrier Reef Marine Park in 1990 as one of the world’s first Particularly Sensitive Sea Areas (PSSA). This provided international recognition by the shipping industry of its unique ecology and environmental sensitivity, and allowed implementation by Australia of associated special protective measures to control shipping operations. These include restrictions on discharges from ships, adoption of ship routeing measures near or in the area in accordance with IMO general principles on ships’ routeing, and other navigational measures, such as compulsory pilotage and vessel traffic management systems.

The Torres Strait

1.30 The Torres Strait between Cape York and Papua New Guinea adjoins the northern boundary of the Great Barrier Reef Marine Park and is an important international shipping lane, as well as containing significant fishing grounds. It is similarly an environmentally sensitive area. Its waters are essential for the livelihood of the Torres Strait Islander people and the coastal communities of Papua New Guinea, whose spiritual and cultural heritage and economic needs are inseparably linked to the marine ecology of this region.

1.31 There are over 100 islands and numerous coral cays, exposed sandbanks and reefs in Torres Strait. There about 8,000 people living throughout the Strait in 19 small island communities, of which approximately 6,000 are Torres Strait Islanders and Aboriginal people. The communities are all remote, approximately 1000 kilometres from the nearest city, and highly interactive with the marine environment to support their way of life and cultural heritage.

1.32 The Torres Strait is a major shipping channel for Australia linking the Coral Sea in the east with the Arafura Sea in the west. At its narrowest point, north to south, it is 150 kilometres across. It is the only part of Australia sharing a border with another country and therefore the issues of surveillance and defence are a major consideration.

1.33 The Torres Strait Treaty between Australia and Papua New Guinea, which entered into force in February 1985, defines the border between the two countries and provides a framework for the management of the common border area.

1.34 The Treaty declares the Torres Strait Protected Zone, which is an area of the Torres Strait recognised by Australia and Papua New Guinea as needing special attention. The Zone is primarily aimed at allowing Torres Strait Islanders and the coastal people of Papua New Guinea to carry on their traditional way of life.

1.35 For example, traditional people from both countries may move freely (without passports or visas) for traditional activities in the Protected Zone. The Zone assists in the preservation and protection of the land, sea and air of the Torres Strait, including the native plant and animal life. Subsidiary management arrangements for commercial fisheries in the Zone have also been put in place under the Treaty.

1.36 The Torres Strait also falls within the area of the Convention for the Protection of the Natural Resources and the Environment of the South Pacific Region to which Australia is a signatory.

¹ Capt J Watkinson, 2001, Sustainable Shipping Access to the Great Barrier Reef.

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last updated: 5 September 2001