National Parks and Wildlife Conservation Act 1975
PROCLAMATION
I, WILLIAM GEORGE HAYDEN, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council following consideration by the Council of a report by the Director of National Parks and Wildlife, and under subsection 7 (8) of the National Parks and Wildlife Conservation Act 1975, amend, as set out in the Schedule to this Proclamation, the Proclamation made under subsection 7 (2) of that Act on 30 January 1986 (being the Proclamation declaring the area specified in that Proclamation to be a park and assigning the name “Norfolk Island National Park” to that park).
Signed and sealed with the
Great Seal of Australia
on 24 January 1996
(L.S.)
BILL HAYDEN
Governor-General
By His Excellency’s Command,
John Faulkner
Minister for the Environment, Sport and Territories
SCHEDULE
AMENDMENTS TO THE PROCLAMATION OF 30 JANUARY 1986
- Omit “pursuant to sub-section 7(2) of that Act and for the purposes of paragraph 7 (6) (a) of that Act, hereby - ”, substitute “acting under subsection 7 (2) of that Act:”.
2. Omit paragraph (a), substitute:
“(a) declare the areas specified in the Schedule to be a park; and”.
3. Omit paragraph (c), substitute:
“(c) for the purposes of paragraph 7 (6) (a) of that Act, specify subsoil to the depth of 1,000 metres below the surface of the land within those areas; and
“(d) for the purposes of paragraph 7 (6) (c) of that Act, specify subsoil to the depth of 1,000 metres below the surface any sea-bed within those areas.”.
4. Schedule:
Omit:
“DESCRIPTION OF AREA OF PARK”:
Substitute:
“DESCRIPTION OF AREA OF PARK:
Land on Norfolk Island”.
5. Add at the end of the Schedule:
“Phillip Island
The area, being all of that area of land of approximately 190 hectares bounded by the high water mark and shown as Lot 1 Section 36 Phillips Island on Sheet Number 98 of the Norfolk Island Official Plan.”.
Overview
The National Parks and Wildlife Conservation Act 1975 was enacted by the Parliament of Australia to establish a framework for the conservation of national parks and wildlife. This Act was introduced to address the need for comprehensive protection and management of natural and cultural heritage sites, ensuring that these areas are preserved for their ecological, scientific, educational, and recreational values. The Act empowers the relevant authorities to designate specific areas as national parks, thereby providing legal protection against activities that could harm these ecosystems. The 1996 proclamation under the Act, amending the original proclamation made in 1986, aimed to refine the boundaries and specifications of the Norfolk Island National Park, including the subsoil and seabed within the park's designated areas. This legislative instrument underscores the policy objective of maintaining and enhancing the natural and cultural integrity of designated national parks.
Scope and Application
The National Parks and Wildlife Conservation Act 1975, as amended by the Proclamation dated 24 January 1996, establishes the legal framework for the conservation and management of national parks and wildlife in Australia. This Act applies to the federal government, which has the authority to declare and manage areas designated as national parks. The Act extends to any land or sea-bed specified in the Proclamation, including Norfolk Island and Phillip Island, where it governs activities and ensures the preservation of natural and cultural heritage within these areas. The Act also specifies subsoil rights extending to a depth of 1,000 metres below the surface and beneath the sea-bed within these parks. The geographic reach of this Act is national, applying across all Australian territories and ensuring uniform standards for the protection and management of these significant natural and cultural assets.
Key Provisions
The National Parks and Wildlife Conservation Act 1975, as amended by the proclamation, sets out the legislative framework for the Norfolk Island National Park. Section 7(2) of the Act is particularly significant, as it provides the basis for the declaration and management of the park. The main operative sections of the proclamation, as detailed in the schedule, include the declaration of specific areas on Norfolk Island as a park (section 7(2)), the specification of the subsoil rights to a depth of 1,000 metres below the surface of the land and sea-bed within these areas (section 7(6)(a) and (c)). The amendment further clarifies the scope of the park by explicitly including Phillip Island within its boundaries.
The obligations imposed by the Act on the parties and entities it governs include the protection and conservation of the designated park areas. This involves ensuring that activities within the park do not harm the natural environment, flora, fauna, or historical and cultural heritage. The Act also mandates the maintenance of public access and enjoyment of the park in a manner that is consistent with its conservation objectives. Management responsibilities typically fall to the relevant authorities or agencies, which must implement conservation policies, monitor environmental conditions, and enforce regulations to safeguard the park.
Breaches of the Act can result in both civil and criminal consequences. Civil penalties may include fines and other monetary penalties for violations such as unauthorised activities within the park, damage to natural resources, or failure to comply with specific management directives. The maximum penalties for such offences are outlined in the regulations associated with the Act and can vary depending on the severity of the infraction. Criminal offences, which are more severe, can lead to imprisonment, substantial fines, or both. The exact penalties are determined by the courts and can be influenced by factors such as the extent of the damage caused and the intent behind the violation.