Biodiversity and Environment Protection - (Temporary Prohibition on Entering and Remaining on Phillip Island, Norfolk Island National Park) Notice 2022

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted by the Parliament of Australia to address the need for comprehensive protection of the nation's biodiversity and environment. This legislative framework provides a mechanism to manage and protect areas of national significance, including national parks, through the establishment of regulations that govern activities within these areas. In the case of Norfolk Island National Park, the regulations facilitate specific management strategies to ensure the protection of native species and their habitats. The 2022 notice under sub regulation 12.23(3) is an example of such regulatory action, aimed at temporarily prohibiting entry to Phillip Island to safeguard roosting and nesting seabirds, particularly the Tarler Birds. This prohibition is enforced to maintain the ecological balance and safety of the species, reflecting the policy objective of preserving biodiversity within the park.

Scope and Application

The Notice 2022 issued under sub regulation 12.23(3) of the Environment Protection and Biodiversity Conservation Regulations 2000 imposes a temporary prohibition on entering or remaining on Phillip Island within the Norfolk Island National Park during specified hours to safeguard the roosting and nesting seabirds, specifically managing the population of Tarler Birds (Porphyrio melanotus). This prohibition applies to all persons within the designated time frame of 0700 (Norfolk Island Standard Time) on Monday 29 August 2022 and 1700 (Norfolk Island Standard Time) on Friday 2 September 2022. The application of this prohibition is geographically confined to Phillip Island within the Norfolk Island National Park. Although the prohibition broadly applies to all persons, certain exemptions may apply under subregulation 12.06(1) of the Regulations, though specific details of these exemptions are not outlined in the notice. For further information or queries, contact details for the Park Manager, Mr Nigel Greenup, are provided. The Notice extends its application to ensure the protection of the island’s biodiversity through the use of firearms during the specified period.

Key Provisions

The main operative sections of this legislation are subregulation 12.23(3) of the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations), which allows the Director of National Parks to issue a notice prohibiting entry to and remaining on Phillip Island within the Norfolk Island National Park during specified times. This prohibition is intended to protect roosting and nesting seabirds, particularly the Tarler Bird (Porphyrio melanotus), during which time firearms will be used for management purposes. The notice is applicable between 0700 (Norfolk Island Standard Time) on Monday, 29 August 2022, and 1700 (Norfolk Island Standard Time) on Friday, 2 September 2022. Subregulation 12.06(1) of the Regulations provides exemptions for certain classes of persons, although specific details are not provided in the notice. The Act imposes obligations on the public to comply with the prohibition by not entering or remaining on Phillip Island within the specified time frame. The Director of National Parks, Jody Swirepik, has exercised her authority to implement this prohibition to ensure the protection of the seabirds and to manage the population of Tarler Birds through the use of firearms. The notice clearly outlines the timeframe of the prohibition and provides contact details for the Park Manager, Nigel Greenup, should any queries arise. Additionally, it directs individuals to a website for more information regarding Norfolk Island National Park and Norfolk Island Botanic Garden. There are potential civil and criminal consequences for breaching the provisions of this notice. While the notice does not explicitly state the penalties, under the Environment Protection and Biodiversity Conservation Act 1999, unauthorised entry onto protected areas can result in substantial fines. The exact penalties would depend on the specific circumstances of the breach, but the seriousness of the offence and any previous convictions may influence the severity of the penalty. The notice serves as a formal warning that non-compliance with the prohibition could lead to legal action.