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. S 171 of 16 August 1982 establishing Coringa-Herald 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
Coringa-Herald National Nature Reserve
All of that area within the Coral Sea contained within and bounded as follows*:
(i) commencing at the point of latitude 17 degrees 11 minutes south, longitude 150 degrees 5 minutes east;
(ii) then west along the parallel of latitude 17 degrees 11 minutes south to its intersection with the meridian of longitude 149 degrees east;
(iii) then north along the meridian of longitude 149 degrees east to its intersection with the parallel of latitude 16 degrees 46 minutes south;
(iv) then east along the parallel of latitude 16 degrees 46 minutes south to its intersection with the meridian of longitude 149 degrees 48 minutes east;
(v) then generally northeast along the geodesic to the point of latitude 16 degrees 23 minutes south, longitude 150 degrees 12 minutes east;
(vi) then east along the parallel of latitude 16 degrees 23 minutes south to its intersection with the meridian of longitude 150 degrees 30 minutes east;
(vii) then south along the meridian of longitude 150 degrees 30 minutes east to its intersection with the parallel of latitude 16 degrees 52 minutes south; and
(viii) then generally southwest 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 (EPBC Act) was enacted by the Parliament of Australia to address significant environmental issues, including the protection of native flora and fauna, their habitats, and culturally significant sites. This legislation fills a critical gap in comprehensive environmental protection and biodiversity conservation, providing a unified framework for the management of environmental matters of national and international significance. The Act aims to promote ecologically sustainable development through the protection of the environment, heritage, and biodiversity. This proclamation, issued under the authority of the EPBC Act, amends the 1975 National Parks and Wildlife Conservation Act to redefine the boundaries of the Coringa-Herald National Nature Reserve, ensuring that the reserve's boundaries are updated and accurately reflect the intended conservation areas in the Coral Sea.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to a broad range of activities and entities, with a particular focus on those that may have significant impacts on the environment, including matters of national environmental significance. The Act extends its jurisdiction to actions that occur within the Australian territory and beyond, including offshore places and activities of Australian citizens and entities. This means that it covers both domestic and international actions, provided they affect the matters protected under the Act. The geographic reach of the Act is national and includes any part of Australia, its territorial seas, and certain external territories. The Act includes provisions for exemptions and thresholds, such as for minor actions that are unlikely to have a significant impact on protected matters. The application and scope of the Act can be further detailed or modified through subordinate instruments, enabling the inclusion or exclusion of specific activities, species, or areas based on the evolving needs of environmental conservation and protection.
Key Provisions
The legislative instrument amends the Coringa-Herald National Nature Reserve, which was established under the National Parks and Wildlife Conservation Act 1975. The primary change involves the substitution of the original schedule with a new one, redefining the boundaries of the reserve (Schedule). The new boundaries are meticulously described using geographic coordinates and are based on the Geocentric Datum of Australia 1994 (GDA94), ensuring precision and clarity regarding the reserve's location and extent.
The Act imposes specific obligations on the entities and individuals responsible for managing and protecting the Coringa-Herald National Nature Reserve. These include the implementation of measures to preserve the natural and cultural values of the reserve, adherence to environmental standards, and the prevention of activities that could harm the reserve's ecological integrity. The reserve is now overseen under the Environment Protection and Biodiversity Conservation Act 1999, which means that its management must align with broader national environmental protection objectives and standards.
In terms of enforcement and compliance, the Act provides for a range of potential penalties and consequences for breaches. Offences under the Environment Protection and Biodiversity Conservation Act 1999 can include both criminal and civil penalties. Criminal offences may result in fines and imprisonment, with the specific penalties depending on the nature and severity of the offence. For instance, significant breaches that cause substantial harm to the environment could lead to fines of up to $1.1 million for corporations and $220,000 for individuals, alongside imprisonment terms that can extend up to several years. Additionally, civil penalties may apply, which can include substantial fines for non-compliance with environmental regulations and standards. These provisions underscore the importance of adhering to the Act's requirements to avoid severe legal repercussions.