Determination Prohibiting Use of Vessels - Kakadu National Park

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to provide a framework for the protection of the environment, particularly biodiversity, and to regulate activities that could potentially harm the environment. This legislation was introduced to address the need for stringent controls on activities that may impact on the biodiversity within Australia’s ecosystems, especially in areas of national significance such as national parks. The Regulations were made under the authority of the Australian Parliament, with the overarching policy objective being to ensure the conservation of Australia's biodiversity and to protect its natural and cultural heritage. The 2020 determination prohibiting the use of vessels in a specified area of the East Alligator River in Kakadu National Park exemplifies the application of these regulations to preserve the delicate ecological balance within the park, thereby safeguarding its biodiversity and heritage for future generations.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, as amended by subregulation 12.56(2), apply to all persons, entities, and vessels within the specified geographic area of the East Alligator River in Kakadu National Park. This regulation prohibits the use of vessels in the determined area at all times until the determination is revoked. The authority to implement this prohibition is delegated to Kate Turner, Assistant Secretary, Kakadu and Strategic Priorities Branch, Parks Australia Division, Department of Agriculture, Water and the Environment. This regulation has a direct jurisdictional reach within the Commonwealth of Australia and specifically targets conduct related to the operation of vessels in the East Alligator River. There are no stated exclusions, exemptions, or thresholds specified in this particular determination, and the regulation's application extends strictly within the demarcated area as outlined in the Schedule.

Key Provisions

The main operative sections of this legislation, specifically subregulation 12.56(2) of the Environment Protection and Biodiversity Conservation Regulations 2000, prohibit the use of vessels in a designated area of the East Alligator River within Kakadu National Park. This determination (section 1) identifies the specific area of the river where vessel use is forbidden, as outlined in the Schedule to the document. The regulation aims to protect the natural environment and biodiversity of the park by restricting human activities that could potentially harm the ecosystem. Under this regulation, the obligations and requirements imposed on parties or entities include adhering to the prohibition of vessel use in the specified area of the East Alligator River. This means that any individual, business, or entity operating within the park boundaries must refrain from using vessels in the designated area. This prohibition is in place to safeguard the park's unique flora and fauna, as well as to protect the cultural heritage of the region, which is of significant importance to the local Indigenous communities. In terms of offences, penalties, or consequences for breach, the legislation does not explicitly state the specific penalties within the document itself. However, breaches of the Environment Protection and Biodiversity Conservation Act 1999, under which these regulations fall, can result in both civil and criminal penalties. Civil penalties can include fines of up to AUD 666,000 for individuals and AUD 3,330,000 for corporations, while criminal penalties can include fines of up to AUD 10,500 per day for individuals and AUD 52,500 per day for corporations, as well as potential imprisonment. The specific penalties for violating this vessel use prohibition would be determined by the courts based on the circumstances of the breach.