Australian National Botanic Gardens Management Plan 2012-2022

Overview

The Australian National Botanic Gardens Management Plan 2012-2022 was enacted in 2012 to guide the management of the Australian National Botanic Gardens, a Commonwealth reserve established under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This Act replaced the National Parks and Wildlife Conservation Act 1975, which initially declared the Gardens as a reserve. The management plan, prepared by the Director of National Parks, outlines the philosophy and direction of management for the Gardens over the next decade. It enables certain activities that would otherwise be restricted under the EPBC Act, while also incorporating public feedback and adhering to the management principles of the previous plan. The overarching policy objective is to use the Gardens' living collection to inspire, inform, and connect people with Australia's unique plant diversity, supporting botanical and horticultural science and education.

Scope and Application

The Australian National Botanic Gardens Management Plan 2012-2022 applies to the Australian National Botanic Gardens, a Commonwealth reserve established under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This management plan outlines the direction and philosophy for the management of the Gardens over the next ten years, detailing how the Gardens will continue to curate Australia's national living collection to inspire, inform, and connect people with Australian flora. The plan facilitates the management activities that would otherwise be restricted under the EPBC Act and associated regulations and enables certain management, recreational, and commercial activities within the Gardens. It is prepared in accordance with Section 368 of the EPBC Act and requires approval by the Minister and registration under the Legislative Instruments Act 2003 to come into operation. The plan is compatible with human rights and freedoms recognised in international instruments, as advised by the Office of Best Practice Regulation.

Key Provisions

The Australian National Botanic Gardens Management Plan 2012-2022, as per the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), outlines the management philosophy and direction for the Australian National Botanic Gardens over the next decade. This plan, prepared by the Director of National Parks in accordance with Section 368 of the EPBC Act, serves to guide management activities, reconcile competing interests, and set resource allocation priorities (s. 368). It allows certain activities that would otherwise be restricted under the EPBC Act, and enables specific management, recreational, and commercial activities. The plan, which supersedes the previous management plan, is based on public comments received during the planning process and after the release of the draft plan in November 2011. The draft management plan was open for public comment for 70 days, with invitations to comment published in the Australian Government Gazette, newspapers, and on the department’s website. The Director considered all public submissions, making minor changes to the plan as a result. The obligations and requirements imposed by the management plan on the parties or entities it governs are primarily centred around the effective management and conservation of the Australian National Botanic Gardens. The plan mandates the curation of Australia’s national living plant collection to inspire, inform, and connect people with Australian flora, supporting botanical and horticultural science and the work of academic institutions. Conservation efforts will increasingly influence the development of the living collection, with an emphasis on using the collection to connect people with plants through various display, design, and communication techniques, encouraging learning at all ages. The plan also requires the Gardens to serve as a reference source for botanical and horticultural science and to represent Australia’s unique plant diversity through its collection. Under the EPBC Act and associated Regulations, certain activities within the Australian National Botanic Gardens and other Commonwealth reserves are prohibited. The management plan enables certain activities that would otherwise be restricted, ensuring that management can proceed in an orderly way. The plan also involves extensive consultation with local and national stakeholders, beginning in 2009, and incorporates public comments received during the planning process. The Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not required for this management plan, as it does not place any new restrictions on individuals or businesses. The plan is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, and does not restrict any of the applicable rights or freedoms. There are no specific offences, penalties, or civil/criminal consequences outlined in the management plan itself. However, breaches of the EPBC Act or associated Regulations, which the management plan seeks to facilitate, can result in various penalties. The EPBC Act provides for both civil and criminal penalties, depending on the nature and severity of the breach. For example, unauthorised activities in a Commonwealth reserve can result in civil penalties of up to $222,200 for individuals and $1,111,000 for corporations, as well as criminal penalties of up to two years imprisonment for individuals and $111,100 for corporations. The specific penalties for breaches of the EPBC Act or associated Regulations will depend on the nature and severity of the breach, as well as any relevant circumstances.