Environment Protection and Biodiversity Conservation Act 1999
Section 327(1)
Caryapundy Swamp - Designation of wetlands for inclusion in the List of Wetlands of International Importance kept under the Ramsar Convention
I, BRUCE MALE, Acting Assistant Secretary, Wetlands, Policy and Northern Water Use Branch, delegate for the Minister of the Environment, hereby give notice, pursuant to section 327(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999, of the designation on 17 December 2021 of the following wetland for inclusion in the List of Wetlands of International Importance kept under the Convention on Wetlands of International Importance especially as Waterfowl Habitat, done at Ramsar on 2 February 1971 (Ramsar Convention):
68. Caryapundy Swamp
The Caryapundy Swamp Ramsar site comprises the wetland and waterways of Caryapundy Swamp and the Bulloo Overflow that are within the Narriearra Caryapundy Swamp National Park boundary. The site does not include the entire area of the national park. The area of wetland is 70,176.24 ha, measuring a maximum length of 47.26 km from north to south, and a maximum width of 37.4 km east to west. The site borders Queensland along the dingo fence to the north, and Pindera Downs Aboriginal Area to the south. The site sits within the boundaries of the Narriearra Caryapundy Swamp National Park, which borders Queensland to the north (delineated by the dingo fence), pastoral stations to the east, west, and south, except for Pindera Downs Aboriginal Area which borders a section of the park to the south. The site map provides detailed spatial boundaries of the site, which is irregularly shaped, following flood extent boundaries. A detailed boundary description forms part of the Ramsar Information Sheet for the site.
The Caryapundy Swamp Ramsar site is identified in the map at Annex A.
Dated this 23 day of August 2022
Bruce Male
Acting Assistant Secretary
Wetlands, Policy and Northern Water Use Branch
Department of Climate Change, Energy, the Environment and Water
Notes:
The maps at Annex A have been reduced for the purposes of publication. Copies of the map and further information can be obtained from:
Director, Wetlands Section, Department of Climate Change, Energy, the Environment and Water, GPO Box 3090, Canberra ACT 2601, Australia CANBERRA ACT 2601, or at https://www.dcceew.gov.au/water/wetlands/australian-wetlands-database/australian-ramsar-wetlands.
The Department of Climate Change, Energy, the Environment and Water has allocated a number to the Caryapundy Swamp site to assist in recording the details of its designation. This number is indicated before the name of the wetland in this notice.
Annex A
Map of Caryapundy Swamp Ramsar site
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for comprehensive environmental protection and biodiversity conservation measures in Australia. The Act was introduced by the Australian Parliament with the policy objective of providing a framework for the protection of the environment, particularly areas of significance such as wetlands, and ensuring their conservation in alignment with international obligations. One of the Act's provisions allows for the designation of specific wetlands for inclusion in the Ramsar List of Wetlands of International Importance. This legal mechanism enables Australia to fulfil its commitments under the Ramsar Convention, aimed at the conservation and wise use of wetlands. The recent designation of the Caryapundy Swamp as a Ramsar site under this Act highlights the ongoing commitment to preserving these ecologically significant areas.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of activities and entities, with a particular focus on those that may have significant environmental impacts, including the designation of wetlands for international protection under the Ramsar Convention. In this instance, the Caryapundy Swamp, a wetland located within the boundaries of the Narriearra Caryapundy Swamp National Park, has been designated for inclusion in the List of Wetlands of International Importance. This designation is made under section 327(1)(a) of the EPBC Act, which allows the Minister for the Environment to add Australian wetlands to this international list. The Caryapundy Swamp Ramsar site covers an extensive area of 70,176.24 hectares and is notable for its ecological significance and its role in supporting migratory waterfowl. The geographic scope of this designation is national, as it pertains to the environmental protection and management of a significant wetland area within Australia. The EPBC Act thus extends to ensure that the ecological values and biodiversity of the Caryapundy Swamp are preserved, aligning with international conservation standards.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999, under section 327(1), outlines the criteria for the designation of wetlands for inclusion in the List of Wetlands of International Importance under the Ramsar Convention. Specifically, section 327(1)(a) empowers the Minister of the Environment to designate wetlands, which, in this case, pertains to the Caryapundy Swamp. This legislative action was officially undertaken on 17 December 2021, with the Caryapundy Swamp Ramsar site being recognised for its international importance as a waterfowl habitat. This site comprises the wetland and waterways within the Narriearra Caryapundy Swamp National Park boundary, covering an area of 70,176.24 hectares and stretching 47.26 km from north to south, and 37.4 km east to west.
The obligations and requirements imposed by the Act on the parties and entities governed by it include ensuring that the Caryapundy Swamp Ramsar site is managed in a manner that preserves its ecological character. This involves adhering to the principles of the Ramsar Convention, which focus on sustainable use, conservation, and management of the wetland. The site’s management must also consider the protection of biodiversity, including the species that depend on the wetland for their habitat. Additionally, the Act mandates that any activities within the site must not compromise its ecological integrity or the conservation objectives outlined in the Ramsar Information Sheet.
The Environment Protection and Biodiversity Conservation Act 1999 also outlines specific offences and penalties for breaches of its provisions. Any person or entity found to be in violation of the Act’s requirements for the management and conservation of the Caryapundy Swamp Ramsar site may face legal consequences. Civil penalties can include fines up to a maximum of $66,600 for individuals and $333,000 for corporations, as stipulated in section 511 of the Act. In more severe cases, criminal penalties may apply, with fines and imprisonment terms that can reach up to $660,000 and two years imprisonment, respectively, under section 509 of the Act. These stringent measures are designed to ensure compliance with the Act and the protection of the Caryapundy Swamp Ramsar site’s ecological significance.