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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to address the protection and conservation of Australia's biodiversity, including threatened species and their habitats. This federal Act was introduced to ensure that the nation's environmental protection and biodiversity conservation laws are adequate and enforceable. The Act is administered by the Commonwealth Government and aims to provide for the protection of the environment, particularly by preventing significant harm to the environment from actions that impact biodiversity. A recent application of this legislation is evident in the Environment Protection and Biodiversity Conservation Regulations 2000, specifically Notice 2022, which prohibits the entry and presence of individuals on Phillip Island within the Norfolk Island National Park during certain hours to safeguard the roosting and nesting of seabirds, particularly the Tarler Birds. This notice was issued by Jody Swirepik, Director of National Parks, under the authority provided by subregulation 12.23(3) of the Regulations, in order to protect these birds and manage their population on Phillip Island. The prohibition is in effect between 0700 (Norfolk Island Standard Time) on Monday 11 July 2022 and 1700 (Norfolk Island Standard Time) on Friday 15 July 2022. Exceptions to this prohibition are outlined in subregulation 12.06(1) of the Regulations, and any inquiries can be directed to the Park Manager, Nigel Greenup, at the Norfolk Island National Park.

Scope and Application

The notice issued by Jody Swirepik, Director of National Parks, under sub regulation 12.23(3) of the Environment Protection and Biodiversity Conservation Regulations 2000, applies to all persons intending to enter or remain on Phillip Island within the Norfolk Island National Park during the specified time frame of 0700 Norfolk Island Standard Time on Monday, 11 July 2022, to 1700 Norfolk Island Standard Time on Friday, 15 July 2022. This prohibition is enacted to safeguard roosting and nesting seabirds, particularly the Tarler Birds (Porphyrio melanotus), by controlling their numbers through the use of firearms. The jurisdictional reach of this regulation is encapsulated within the Commonwealth purview, as it is administered by the Director of National Parks, and is directed towards the protection of biodiversity within a national park. Any exemptions from this prohibition are detailed under subregulation 12.06(1) of the Regulations, although the specific exemptions are not elaborated upon in the notice. Further inquiries can be directed to the Park Manager, Mr Nigel Greenup, via the provided contact information.

Key Provisions

The primary operative section of this Notice, pursuant to subregulation 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. This prohibition applies to all persons and is in effect between the hours of 0700 Norfolk Island Standard Time on Monday, 11 July 2022, and 1700 Norfolk Island Standard Time on Friday, 15 July 2022. The purpose of this prohibition is to safeguard roosting and nesting seabirds, specifically the Tarler Birds (Porphyrio melanotus), by using firearms to manage their population during this period. It is important to note that certain individuals may be exempt from this prohibition, as outlined in subregulation 12.06(1) of the Regulations. The Notice imposes clear obligations on all individuals who might otherwise be on Phillip Island during the specified time frame. All persons are required to refrain from entering or remaining on Phillip Island within the Norfolk Island National Park between the stated hours. This includes any activities that would ordinarily be permissible within the park, such as walking, camping, or other recreational pursuits. Compliance with this prohibition is mandatory to ensure the safety of the seabirds and the effectiveness of the population management activities. Failure to adhere to these obligations could lead to enforcement actions. In the event of a breach of this prohibition, there are potential civil and criminal consequences. The specific penalties for non-compliance are not detailed in this Notice; however, breaches of the Environment Protection and Biodiversity Conservation Regulations 2000 can result in significant penalties under Australian law. For individuals, penalties may include fines and, in some cases, imprisonment. For corporations, the fines can be substantially higher. It is advisable for anyone with queries about the prohibition or potential exemptions to contact the Norfolk Island National Park Manager, Mr Nigel Greenup, whose contact details are provided in the Notice. For more comprehensive information, the public can visit the official website of the Norfolk Island National Park.