PROCLAMATION
I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and under subsection 7(8) of the National Parks and Wildlife Conservation Act 1975:
(a) amend the proclamation made under subsection 7(2) of the Act and published in the Gazette on 17 September 1991 establishing the Australian National Botanic Gardens, by omitting the schedule to that proclamation and
substituting schedule 1; and
(b) amend the proclamation made under subsection 7(2) of the Act and published in the Gazette on 4 March 1992 (as amended by the proclamation made under subsection 7(8) of the Act and published in the Gazette on 21 January 1998) establishing Booderee National Park, by omitting the schedule to that proclamation and substituting schedule 2.
Signed and sealed with the
Great Seal of Australia
on 25 May 2000
WILLIAM DEANE
Governor-General
By His Excellency's Command
[signed]
Robert Hill
Minister for the Environment and Heritage
SCHEDULE l
DESCRIPTION OF AREA OF AUSTRALIAN NATIONAL BOTANIC
GARDENS
Area | Division or District | Block | Map References |
| | | |
Australian National Botanic Gardens | Canberra City District | 1331 1332 | B2080-6030 B2080-6030 B2080-6045 |
| | 1333 | B2080-6045 |
SCHEDULE 2
DESCRIPTION OF AREA OF BOODEREE NATIONAL PARK
Firstly: All that piece of land in Jervis Bay Territory containing an area of 2706 hectares more or less and known as Blocks 114 and 121 Jervis Bay Territory as shown on the plan lodged at the Office of the Registrar of Titles Canberra as Deposited Plan 9351.
Secondly: All that piece of land in Jervis Bay Territory containing an area of 2806 hectares more or less and known as Block 122 Jervis Bay Territory as shown on the plan lodged at the Office of the Registrar of Titles Canberra as Deposited Plan 9350.
Thirdly: All that piece of land in Jervis Bay Territory being Bowen Island containing an area of 52 hectares more or less and known as Block 6 Jervis Bay Territory as shown on the plan lodged at the Office of the Registrar of Titles Canberra as Deposited Plan 468.
Fourthly: All of that part of Jervis Bay in Jervis Bay Territory containing an area of 875 hectares more or less and commencing at the northernmost point of Bowen Island also known as Block 6 Jervis Bay Territory as shown on the plan lodged at the Office of the Registrar of Titles Canberra as Deposited Plan 468, then generally southerly and easterly by the western and southern boundaries respectively of Block 6 to the Jervis Bay Territory boundary, then generally south westerly along that boundary to a point on the high water mark of Jervis Bay at Governor Head being a point on the northern boundary of Block 122 Jervis Bay Territory as shown on the plan lodged at the Office of the Registrar of Titles Canberra as Deposited Plan 9350, then generally westerly south westerly and north westerly respectively along the northern boundary of Block 122 to its intersection with the eastern boundary of Block 117 Jervis Bay Territory as shown on the plan lodged at the Office of the Registrar of Titles Canberra as Deposited Plan 8990, then generally north westerly and westerly respectively by part of the northern boundary of Block 117 to its intersection with the New South Wales border, then generally easterly to the point of commencement.
Overview
The National Parks and Wildlife Conservation Act 1975, enacted by the Australian Parliament, was introduced to address the need for comprehensive protection and management of national parks and wildlife across Australia. One of the key roles of this Act is to provide the legal framework for the establishment and administration of national parks, ensuring the preservation of Australia's natural heritage for future generations. The 2000 legislative instrument amends the proclamations establishing the Australian National Botanic Gardens and Booderee National Park, reflecting updated boundaries and areas to be protected. This legislative instrument underscores the policy objective of the Act to maintain and enhance the natural and cultural values of national parks through precise and updated legal definitions of protected areas.
Scope and Application
The F2007B00688 proclamation, issued under the National Parks and Wildlife Conservation Act 1975, pertains specifically to the amendment of the schedules defining the Australian National Botanic Gardens in Canberra and Booderee National Park in Jervis Bay Territory. This legislative instrument applies to the geographic areas outlined in the schedules, affecting the management and conservation of these national parks within the Commonwealth of Australia. The legislation targets entities involved in the administration and preservation of these national parks, including the Australian government, relevant federal authorities, and possibly local stakeholders within the parks’ jurisdictions. The proclamation delineates the specific blocks and hectares of land that constitute the parks, ensuring a clear definition of their boundaries for legal, administrative, and conservation purposes. Subordinate instruments may further detail the management practices, conservation efforts, and regulatory measures within these parks, extending or specifying the application of the primary Act.
Key Provisions
The legislative instrument, F2007B00688, amends two proclamations related to the Australian National Botanic Gardens and Booderee National Park under the National Parks and Wildlife Conservation Act 1975. Specifically, it updates the areas defined in the schedules of these proclamations. The Australian National Botanic Gardens is now defined by a detailed description of blocks in the Canberra City District, as listed in Schedule 1. Similarly, Booderee National Park is defined by a description of specific land areas in Jervis Bay Territory, including Blocks 114, 121, 122, and Bowen Island, as well as a section of Jervis Bay itself, detailed in Schedule 2.
The Act imposes obligations on the parties involved to adhere to the newly defined boundaries for these parks. These obligations include ensuring that activities within the specified areas comply with the provisions of the National Parks and Wildlife Conservation Act 1975, which aims to conserve wildlife, habitats, and ecosystems. Park authorities and other relevant entities must manage and protect these areas according to the updated descriptions, ensuring that all conservation efforts are focused within the newly defined boundaries.
Breaches of the provisions outlined in the Act can lead to legal consequences. Offences under the National Parks and Wildlife Conservation Act 1975 may result in both civil and criminal penalties. For instance, unauthorised activities that violate park boundaries or conservation efforts can lead to fines and, in severe cases, imprisonment. The exact penalties depend on the nature and severity of the offence, but the Act provides for significant deterrents to ensure compliance with its conservation objectives. The potential penalties underscore the importance of adhering to the legislative requirements and the serious consequences of non-compliance.