PROCLAMATION
Environment Protection and Biodiversity Conservation Act 1999
I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and under subsection 350(1) of the Environment Protection and Biodiversity Conservation Act 1999, amend the Proclamation made under subsection 7(2) of the National Parks and Wildlife Conservation Act 1975 and published in the Gazette No. 32 of 16 August 1983 establishing Ashmore Reef National Nature Reserve by omitting the schedule to that Proclamation and substituting the schedule to this Proclamation.
Signed and sealed with the
Great Seal of Australia
on 4 November 2004
P. M. Jeffery
Governor-General
By His Excellency’s Command
Ian Campbell
Minister for the Environment and Heritage
SCHEDULE
Ashmore Reef National Nature Reserve
All of that area within the Indian Ocean contained within and bounded as follows*:
(i) commencing at the point of latitude 12 degrees 9 minutes 55 seconds south, longitude 123 degrees 0 minutes 4.5 seconds east;
(ii) then east along the parallel of latitude 12 degrees 9 minutes 55 seconds south to its intersection with the meridian of longitude 123 degrees 14 minutes 4.5 seconds east;
(iii) then generally southeast along the geodesic to the point of latitude 12 degrees 12 minutes 55 seconds south, longitude 123 degrees 16 minutes 4.5 seconds east;
(iv) then south along the meridian of longitude 123 degrees 16 minutes 4.5 seconds east to its intersection with the parallel of latitude 12 degrees 15 minutes 55 seconds south;
(v) then generally southwest along the geodesic to the point of latitude 12 degrees 19 minutes 55 seconds south, longitude 123 degrees 10 minutes 4.5 seconds east;
(vi) then generally west along the geodesic to the point of latitude 12 degrees 18 minutes 55 seconds south, longitude 123 degrees 0 minutes 4.5 seconds east;
(vii) then generally northwest along the geodesic to the point of latitude 12 degrees 13 minutes 55 seconds south, longitude 122 degrees 53 minutes 4.5 seconds east;
(viii) then generally northeast along the geodesic to the point of latitude 12 degrees 11 minutes 55 seconds south, longitude 122 degrees 55 minutes 4.5 seconds east; and
(ix) then generally northeast along the geodesic to the point of commencement.
* All geographic coordinates are expressed in terms of the Geocentric Datum of Australia 1994 (GDA94) as described in the Commonwealth of Australia Gazette GN35 of 6 September 1995.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, under the constitutional authority of the Commonwealth. This legislation was introduced to address the problem of inadequate environmental protection mechanisms and to fill gaps in environmental conservation efforts, particularly concerning threatened species and ecological communities, nuclear actions, and other matters of national environmental significance. The Act was enacted by the Australian Parliament and aims to protect and manage the environment through a collaborative approach involving both federal and state governments. This legislative instrument amends the Ashmore Reef National Nature Reserve under the National Parks and Wildlife Conservation Act 1975, reflecting the ongoing commitment to environmental conservation and biodiversity protection within Australia.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999, as amended, applies to a wide range of entities and activities that may impact on matters of national environmental significance, including those within the Ashmore Reef National Nature Reserve. This Act imposes obligations on individuals, corporations, and the Commonwealth, state and territory governments to prevent significant environmental harm. The geographic scope of the Act extends to the entirety of Australian territory, including external territories, and to actions taken by Australian citizens and entities both domestically and overseas that have, or are likely to have, a significant environmental impact within Australia. The Act allows for the establishment of protected areas such as the Ashmore Reef National Nature Reserve, which is designated through a schedule to the Proclamation and applies to the specific area defined within the Indian Ocean. Certain exclusions and exemptions may apply, often detailed in subordinate instruments or regulations, which can provide further clarity on the application of the Act to specific activities or entities. The Act's broad jurisdictional reach and detailed provisions ensure comprehensive protection of Australia’s environmental heritage.
Key Provisions
The main operative sections of this legislation involve the amendment of the Proclamation under the National Parks and Wildlife Conservation Act 1975, specifically concerning the Ashmore Reef National Nature Reserve. Section 7(2) of the National Parks and Wildlife Conservation Act 1975 is amended by removing the previous schedule that defined the boundaries of the Ashmore Reef National Nature Reserve and substituting it with a new schedule. This new schedule details the specific geographical coordinates of the reserve using the Geocentric Datum of Australia 1994 (GDA94) to ensure precision and clarity in the location and extent of the reserve.
The obligations and requirements imposed by this Act on the parties or entities it governs primarily involve the protection and conservation of the Ashmore Reef National Nature Reserve. This includes the duty to maintain the ecological integrity of the area, manage any human activities that may impact the reserve, and enforce regulations designed to preserve the natural and cultural heritage of the region. The Act also places a responsibility on the relevant authorities to monitor the reserve and take necessary actions to prevent any degradation or harm to the environment.
In terms of offences, penalties, or civil/criminal consequences for breach, the Act does not specify any particular offences or penalties within the text provided. However, under the broader scope of the Environment Protection and Biodiversity Conservation Act 1999, which this legislation is part of, violations can lead to significant penalties. For example, unauthorised activities within protected areas can result in substantial fines and even imprisonment. The specific penalties would depend on the nature and severity of the breach, but they can include fines up to a substantial amount and/or imprisonment for a period that varies according to the severity of the offence.