Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to provide a comprehensive framework for the protection of the environment and biodiversity in Australia, addressing significant environmental challenges and aiming to prevent harm to the environment and biodiversity. These regulations were introduced by the Commonwealth Parliament and aim to ensure that activities within Australia, or by Australians overseas, do not significantly harm the environment or its biodiversity. This includes managing the impact of activities on listed threatened species and ecological communities, and controlling activities that could lead to the extinction of species or ecological communities. In response to specific circumstances within Booderee National Park, Dr James Findlay, Director of National Parks, has exercised the powers under subregulations 12.23(3) and 12.23A(3) of the Regulations to prohibit entry to and activities within the park, and to revoke an earlier prohibition. The objective of these actions was to safeguard public safety, with the prohibitions applying to all areas and activities within the park, except for certain exempted persons and times as specified in the Schedule. This measure was in effect from the date of the prohibition until 11:59pm AEST on 23 June 2020.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000 apply to the prohibition and revocation of access to certain areas and the undertaking of certain activities within Booderee National Park. Specifically, under subregulations 12.23(3) and 12.23A(3), the Director of National Parks, Dr James Findlay, has prohibited the entry into and activities within the Park by any person, except residents of the Jervis Bay Territory, invited visitors of such residents, and minimum services personnel, for the safety of the public. The prohibition applies to all areas within the Park, to activities of entering and being in the Park, and to all persons except those specified in the Schedule. The prohibition is effective at all times from the date of the prohibition until 11:59pm AEST on 23rd June 2020. Subordinate instruments may extend or restrict the application of the prohibition.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations) that apply here are subregulations 12.23(3) and 12.23A(3). These subregulations empower the Director of National Parks to prohibit access to and activities within specified areas of the Booderee National Park if it is deemed necessary for public safety. The prohibition declared under these subregulations restricts entry into and presence within the entire park, and certain activities specified in the Schedule, by particular persons and during specific times (Schedule). It also revokes a previous prohibition issued on 28 April 2020. The obligations and requirements imposed by the Regulations are detailed in the Schedule. The prohibition applies to all areas of the Booderee National Park, barring entry and presence within these areas. It also prohibits certain activities, though the specific activities are detailed in the Schedule. The prohibition applies to all persons except residents of the Jervis Bay Territory, invited visitors of such residents, and minimum services personnel performing their duties. Minimum services personnel include healthcare workers, those involved in the delivery or sale of essential items, utilities providers, government service providers, and emergency service personnel. Exemptions may also apply under other subregulations, as noted in the Schedule. The prohibition carries with it significant consequences for breaches. Engaging in prohibited activities or entering the prohibited areas during the specified times can lead to civil or criminal penalties. The exact nature and severity of these penalties would be determined by the applicable laws, but they may include fines and imprisonment depending on the breach. The prohibition is in effect from the date it is enacted and remains in force until 11:59pm AEST on 23 June 2020. Failure to comply with this prohibition can result in legal action being taken against the violator.