Environment Protection and Biodiversity Conservation Act 1999 - Amending Proclamation - Kakadu National Park (21/06/1991)

Administered by Department of the Environment and Energy

Legislation au F2009B00247 Not in force Legislative Instrument

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PROCLAMATION

 

Commonwealth of Australia By His Excellency

 the Deputy of the

 Governor-General of the

 Commonwealth of Australia

P.R. Sinclair

Deputy of the

Governor-General

 

I, PETER ROSS SINCLAIR, Deputy of the Governor-General of the Commonwealth of

Australia, acting with the advice of the Federal Executive Council, under subsection 7(8) of the National Parks and Wildlife Conservation Act 1975:

 

(a) amend the Proclamation under subsection 7(2) of that Act published in the Commonwealth of Australia Gazette on 5 April 1979, as amended by the Proclamation published in the Gazette on 20 December 1985, 12 June 1987 and 22 November 1989, by adding at the end of the Schedule to the first-mentioned Proclamation the Parts set out in the Schedule to this Proclamation; and

 

(b) for the purposes of paragraph 8A(5)(a) of that Act, declare that this Proclamation is to come into operation immediately after the Proclamation that revokes the proclamation under subsection 8A(2) of that Act published in the Commonwealth of Australia Gazette on 22 November 1989.

 

SCHEDULE

 

PART X

All that piece of land at Coronation Hill in the Northern Territory of Australia containing an area of 13 square kilometres more or less and bounded by a line commencing at the intersection of coordinates 241461E and 8493609N thence northeasterly to the intersection of coordinates 242790E and 8494504N thence northwesterly to the intersection of coordinates 242704E and 8494679N thence northerly to the intersection of coordinates 242696E and 8494946N thence northwesterly to the intersection of coordinates 242495E and 8495463N thence northerly to the intersection of coordinates 242473E and 8495650N thence northerly to the intersection of coordinates 242492E and 8495883N thence northwesterly to the intersection of coordinates 242375E and 8496475N thence northwesterly to the intersection of coordinates 242175E and 8496700N thence northwesterly to the intersection of coordinates 241900E and 8496875N thence northwesterly to the intersection of coordinates 241675E and 8496950N thence northwesterly to the intersection of coordinates 241409E and 8496993N thence southwesterly to the intersection of coordinates 241189E and 8496958N thence northwesterly to the intersection of coordinates 240739E and 8497057N thence northwesterly to the intersection of coordinates 240275E and 8497400N thence northwesterly to the intersection of coordinates 239150E and 8497950N thence northwesterly to the intersection of coordinates 238550E and 8498150N thence northwesterly to the intersection of coordinates 238224E and 8498189N thence northwesterly to the intersection of coordinates 237550E and 8498900N thence southwesterly to the intersection of coordinates 236371E and 8497816N thence southeasterly to the intersection of coordinates 238593E and 8496176N thence southeasterly to the intersection of coordinates 240095E and 8495100N thence southeasterly to the point of commencement.  All coordinates have been derived from the Australian Map Grid Zone 53.

 

PART XI

All that piece of land in the Northern Territory of Australia containing an area of 34.5 square kilometres more or less and bounded by a line commencing at the eastern corner of land subject to Mining Lease Application No. 1382 thence southwesterly by the southeastern boundary of that land and part of the southeastern boundary of land subject to Mining Lease Application No. 1381 to its intersection with a line 50 metres from and parallel to the right bank of the South Alligator River thence generally northwesterly by that line to its intersection with a northeastern boundary of a Registered Aboriginal Sacred Site known as the Upper South Alligator Bula Complex thence northwesterly and westerly by a northeastern boundary and part of a northern boundary of that Registered Aboriginal Sacred Site to its intersection with the southwestern prolongation of the northwestern boundary of land subject to Mining Claim No. 350 thence northeasterly to the western corner of that land subject to Mining Claim No. 350 thence northeasterly by the northwestern boundary of that land and the northeasterly prolongation of that boundary to its intersection with a southwestern boundary of the Kakadu National Park (Part VII) thence southeasterly by part of that boundary to the intersection of the parallel of south latitude 13 degrees 30 minutes 47 seconds with the meridian of east longitude 132 degrees 33 minutes 10 seconds thence southeasterly to the intersection of the parallel of south latitude 13 degrees 34 minutes 10 seconds with the meridian of east longitude 132 degrees 36 minutes 51 seconds thence southwesterly to the point of commencement.

 

GIVEN under my Hand and

the Great Seal of Australia

(L.S.)          on

21 JUN 1991

By His Excellency's Command,

 

 

Ros Kelly

Minister of State for the Arts, Sport,

the Environment, Tourism and Territories

 

GOD SAVE THE QUEEN!

 

 

 

 

Overview

The National Parks and Wildlife Conservation Amendment Proclamation 1991 (F2009B00247) was enacted to amend the Proclamation under subsection 7(2) of the National Parks and Wildlife Conservation Act 1975, by adding new areas to be protected as national parks in the Northern Territory. The Proclamation was issued under the authority of the Deputy of the Governor-General, Peter Ross Sinclair, acting on the advice of the Federal Executive Council. The Proclamation aimed to address the need for further conservation and protection of significant natural and cultural areas within the Northern Territory, particularly those with recognised Aboriginal sacred sites and unique ecological features. The policy objective was to ensure the preservation of these areas for their natural, cultural, and scientific value, while allowing for sustainable use and enjoyment by the public.

Scope and Application

The Proclamation F2009B00247 amends the National Parks and Wildlife Conservation Act 1975 by adding new parts to the Schedule of a previous Proclamation, thereby expanding the areas designated under the Act. Specifically, the Proclamation incorporates two new parts into the Schedule: Part X, which encompasses a 13 square kilometre area at Coronation Hill in the Northern Territory, and Part XI, which includes a 34.5 square kilometre area near the South Alligator River in the Northern Territory. The amended Proclamation applies to the entirety of these newly designated areas, which now fall under the protection and regulations stipulated by the National Parks and Wildlife Conservation Act 1975. The geographic scope of this legislation is limited to the Northern Territory, and it does not extend to any other states or territories of Australia. The application of this Act is governed by the existing provisions of the National Parks and Wildlife Conservation Act 1975, which may be further clarified or extended through subordinate instruments.

Key Provisions

This proclamation, made under subsection 7(8) of the National Parks and Wildlife Conservation Act 1975, amends the existing proclamation published in the Commonwealth of Australia Gazette on 5 April 1979 and subsequently amended by proclamations on 20 December 1985, 12 June 1987, and 22 November 1989. The amendment involves the addition of two new parts to the schedule of the original proclamation: Part X and Part XI. Part X pertains to a specific area of land at Coronation Hill in the Northern Territory, which now encompasses an additional 13 square kilometres. The new land area is defined by a precise set of coordinates that outline the boundaries of the land, derived from the Australian Map Grid Zone 53. Part XI includes a different area of land in the Northern Territory, adding approximately 34.5 square kilometres to the existing protected area. This new land is defined by a series of boundaries starting from the eastern corner of land subject to Mining Lease Application No. 1382, and it incorporates boundaries of other lands and natural features such as the South Alligator River and a Registered Aboriginal Sacred Site. The Act imposes several obligations on the parties or entities governed by it. Primarily, these obligations revolve around the protection and conservation of the specified areas of land. The added parts to the proclamation are intended to expand the protected zones, ensuring that these areas are preserved for their ecological, cultural, or other significant values. Entities within these areas must comply with the regulations set forth under the National Parks and Wildlife Conservation Act 1975, which could include restrictions on activities such as mining, logging, or other forms of exploitation that could harm the natural or cultural resources of the land. Additionally, any proposed activities that might affect these areas must undergo a thorough review process to ensure compliance with conservation objectives. For breaches of the provisions outlined in the National Parks and Wildlife Conservation Act 1975, the Act provides for various offences, penalties, and consequences. Civil and criminal penalties may apply depending on the severity of the breach. For instance, unauthorised activities within the protected areas could result in fines, with the maximum penalty varying based on the specific offence and jurisdiction. In more severe cases, criminal charges could lead to imprisonment. The exact penalties are detailed within the Act itself and are subject to interpretation and enforcement by relevant authorities, such as the Department of the Environment and Energy or state-level environmental protection agencies. The enforcement of these provisions is crucial to maintaining the integrity and conservation status of the protected areas.

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