Victoria's marine national parks make History

abridged by Regina Gleeson from material collated by Tim Allen of the Marine & Coastal Community Network

Brief overview

- Independent state-wide investigation (Land Conservation Council(LCC)) instigated by Kirner ALP Government in 1991. Continued by the Kennett Liberal Government.
- 3 reports followed with 3 periods of formal consultation
- Kennett Government replaced advisory body in 1997 with a new advisory body - the Environment Conservation Council.
- 2 further draft reports followed and 3 periods of formal public consultation held
- 4,500 public submissions received over course of investigation
- Final report tabled to Bracks Government in October 2000
- Government undertook further consultation with peak bodies
- Legislation tabled in May 2001
- Legislation withdrawn in June 2001 after Government was unable to secure the support of the Independents and the Liberal Opposition - key sticking points included compensation for commercial fishermen, the inclusion of a section 85 provision to allow plaintiffs to appeal to the Supreme Court
- New legislation drafted and released for comment in April 2002
- Further negotiation with State Opposition
- Final legislation creating Victoria's system of 13 fully protected marine national parks and 11 fully protected marine sanctuaries passed on 13 June 2002 after an agreement was struck between the State Government and the Liberal Party.

The details

On 26 March 2002 the Victorian Premier Steve Bracks and the Minister for Environment and Conservation, Sherryl Garbutt announced a revised plan to create the parks and sanctuaries. The Government's revised proposals included the Cape Howe Marine National Park in East Gippsland and a marine sanctuary at Ricketts Point near Sandringham. The Government's proposals also spelt out:

1. A compensation scheme for eligible fishery licence holders.
2. Details for an Independent Compensation Assessment Panel and Independent Compensation Appeals Tribunal.
3. The Government's intention not to alter or vary section 85 of the Constitution Act 1975 in relation to the jurisdiction of the Supreme Court.

While some commercial and recreational fishermen maintained their opposition to the Government's proposals, community pressure intensified on the Parliamentary Liberal Party to support the introduction of marine national parks.

By early May, with the Parliamentary timeline for the Autumn Session starting to shorten, pressure was mounting on both political parties to seek a resolution to the issue. Meetings intensified between the Government and a negotiating team from the Liberal Party in an attempt to reach an agreement. This was finally achieved on 9 May.

The further changes that were made as a result of the negotiations include:

1. A number of amendments to the boundaries of some marine national parks:
2. An expansion to the compensation scheme for fin fish and other specified licence holders, plus eligible charter boat operators.
3. Provision in the compensation scheme to enable advance payments to be made to eligible fishery licence holders and charter boat operators in cases of financial hardship.
4. Requirement for the Government to prepare reports on the condition of relevant fisheries, to table the reports in Parliament and to consider the reports in the administration of the Fisheries Act.
5. An increased emphasis on the assistance available outside the legislation for businesses and individuals who may be affected by the parkThe proposed parks and sanctuaries will cover approximately 5.3% of the State's coastal waters. The legislation means that the parks and sanctuaries will be proclaimed on 16 November 2002.

What influenced the passage of the legislation?

- A persistent and coordinated campaign by conservation interests with the backing of the marine science community, tourism interests, and the education sector
- Community pressure that was expressed to politicians through emails, letters, & media reports - the expectation that 10 years of work and public funding would see an outcome
- Pressure from international experts e.g. Dr Sylvia Earle, Professor David Bellamy
- It was a policy commitment of the Government, and both the Minister for Environment and the Premier championed the concept
- The concept had the active support of the Department of Natural Resources and Environment
- The process had ‘ownership’ by both the major political parties - it had survived 3 successive State Governments
- Recommendations of the public land-use advisory body had a 30 year history of bi-partisan support
- Both major political parties wanted closure and were prepared to negotiate and compromise
- Conservation interests were prepared to negotiate
- Public polling by the State Government indicated that the "environment vote" was increasing

Discussion Questions:

1. Which body developed the initial proposals to create Marine National Parks? Who established this body?
2. Who was able to provide input to this process?
3. Which body made the decision to pass legislation to create the Marine National Parks?
4. What role did the political parties play in the decision-making process?
5. Which interest groups, do you think, might have sought to influence the decision-making process? Which groups would have supported the plans, which opposed them?
6. What strategies might have been employed to convince the decision-makers?

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