EXPLANATORY STATEMENT
Select Legislative Instrument 2007 No. 143
Issued by the Authority of the Minister for the Environment and Water Resources
Antarctic Treaty (Environment Protection) Act 1980
Antarctic Seals Conservation Repeal Regulations 2007
Subsection 29(1) of the Antarctic Treaty (Environment Protection) Act 1980 (‘the Act’) provides, in part, that the Governor-General may make regulations not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The purpose of the Repeal Regulations is to repeal the Antarctic Seals Conservation Regulations 1986 (‘the Regulations’) which have, to date, implemented Australia’s obligations under the Convention for the Conservation of Antarctic Seals. The Regulations will become inoperative once Schedule 1 to the Environment and Heritage Legislation Amendment (Antarctic Seals and Other Measures) Act 2006 (‘the Amendment Act’) comes into effect.
The Amendment Act has, in effect, incorporated the Regulations into the Act. When it commences, Schedule 1 will also repeal the provisions in the Act which allow the
Governor-General to make regulations to give effect to the Seals Convention.
The purpose of incorporating the regulations relating to seals into the Act was to better implement Australia’s international obligations to protect Antarctic seals and also conserve the Antarctic environment. Transfer of provisions concerning the protection of Antarctic seals from the Regulations to the Act will also enable appropriate penalties to be imposed for offences relating to seals.
The Amendment Act received Royal Assent on 11 December 2006. Schedule 1 to the Amendment Act will commence on 11 June 2007 unless proclaimed earlier. The Repeal Regulations will commence on the commencement of Schedule 1.
The Repeal Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The details of the Repeal Regulations are included in the Attachment.
Details of the Antarctic Seals Conservation Repeal Regulations 2007
Regulation 1 – Name of Regulations
This regulation provides that the title of the Regulation is the Antarctic Seals Conservation Repeal Regulations 2007.
Regulation 2 – Commencement
This regulation provides that the Regulations are to commence on the commencement of Schedule 1 to the Environment and Heritage Legislation Amendment (Antarctic Seals and Other Measures) Act 2006. The commencement date for this Schedule is expected to be
11 June 2007.
Regulation 3 – Repeal of Antarctic Seals Conservation Regulations 1986
This regulation repeals the Antarctic Seals Conservation Regulations 1986.