Biodiversity Conservation – Notice of Temporary Prohibition on Entering or Remaining on Phillip Island, Norfolk Island National Park

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000, enacted by the Australian Parliament, was introduced to address the need for comprehensive protection of the nation's environmental assets, including biodiversity. This legislation provides a legal framework for the conservation of biodiversity and the management of environmental impacts, aiming to protect species and ecosystems from threats such as habitat destruction, invasive species, and pollution. One of the specific measures under these regulations is the issuance of notices to prohibit entry or activity in certain areas to safeguard wildlife, such as the temporary prohibition on Phillip Island within the Norfolk Island National Park to protect roosting and nesting seabirds. The policy objective is to maintain ecological balance and ensure the preservation of native species and their habitats.

Scope and Application

The notice issued under subregulation 12.23(3) of the Environment Protection and Biodiversity Conservation Regulations 2000, signed by Jody Swirepik, Director of National Parks, mandates a temporary prohibition on entering or remaining on Phillip Island within the Norfolk Island National Park between 0700 Norfolk Island Standard Time on Thursday 18th May 2023 and 1700 Norfolk Island Standard Time on Friday 19th May 2023. This prohibition applies to all persons, except for those exempted under subregulation 12.06(1) of the Regulations, and is aimed at safeguarding roosting and nesting seabirds. The measure includes the use of firearms to manage the population of Tarler Birds (Porphyrio melanotus) on Phillip Island. The jurisdictional reach of this prohibition is confined to Phillip Island within the Norfolk Island National Park. Any inquiries regarding this prohibition can be directed to the Park Manager, Mr. Nigel Greenup, through the provided contact information. This regulatory action underscores the commitment to biodiversity conservation within the national park, ensuring the protection of sensitive ecological processes during a critical period for seabird activity.

Key Provisions

The key provisions of the notice issued under subregulation 12.23(3) of the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations) (paragraph 1) involve a temporary prohibition on entering or remaining on Phillip Island within the Norfolk Island National Park during a specified time frame, namely from 0700 Norfolk Island Standard Time on Thursday 18 May 2023 to 1700 Norfolk Island Standard Time on Friday 19 May 2023 (Relevant Time). This prohibition is aimed at safeguarding the roosting and nesting seabirds on the island. In particular, the notice mentions the use of firearms to manage the population of Tarler Birds (Porphyrio melanotus) during the Relevant Time. Notably, certain individuals may be exempt from this prohibition as per subregulation 12.06(1) of the Regulations. The obligations and requirements imposed by this notice primarily pertain to the prohibition of entry and loitering on Phillip Island within the designated Relevant Time. The primary objective is to protect the seabirds, especially during their critical roosting and nesting period. The use of firearms to manage the Tarler Bird population is a specific measure outlined in the notice to achieve this objective. Persons subject to the prohibition are expected to comply with this directive to ensure the successful execution of the conservation efforts. Should any individual or entity breach this prohibition, there may be civil or criminal consequences, although the specific penalties are not detailed in the notice itself. Generally, under the Environment Protection and Biodiversity Conservation Act 1999 (Cth), unauthorised entry onto protected areas can result in fines and imprisonment. Given the seriousness of the protected area and the specific conservation measures in place, it is reasonable to infer that breaches of this prohibition could lead to significant penalties, including fines and imprisonment terms that are commensurate with the severity of the breach. It is advisable for any person with questions or concerns regarding this prohibition to contact the Norfolk Island National Park, Park Manager, Mr Nigel Greenup, who can be reached via email at nigel.greenup@dcceew.gov.au or phone at 00116723 22695. Further information on Norfolk Island National Park and Norfolk Island Botanic Garden can be found on the website parksaustralia.gov.au/norfolk/.