Environment Protection and Biodiversity Conservation Act 1999 - Amendment Proclamation - Ningaloo Marine Park (Commonwealth Waters) (21/07/1992)

Administered by Department of the Environment and Energy

Legislation au F2007B00720 Not in force Legislative Instrument

Legislation content

PROCLAMATION

 

Commonwealth of Australia

 

 

BILL HAYDEN

Governor-General

By His Excellency the

Governor-General of the

Commonwealth of Australia

 

 

I, WILLIAM GEORGE HAYDEN, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council after consideration by the Council of the report of the Director of National Parks and Wildlife notified in the Gazette on 27 March 1991 under subsection 7(12) of the National Parks and Wildlife Conservation Act 1975, under subsection 7(8) of the Act amend the Proclamation under subsection 7(2) of the Act published in the Gazette on 20 May 1987 by adding at the end of clause 2 of the Schedule:

 

2(c) the area bounded by an imaginary line:

(i)                 commencing at the point of Latitude 21o40’00” South, Longitude 114o00’00”East; and

 

(ii)               running thence south along the meridian of Longitude 114o00’00”East to its intersection by the parallel of Latitude 21o45’00”South; and

 

(iii)            thence west along that parallel to its intersection by the meridian of Longitude 113o55’00”East; and

 

(iv)             thence south along that meridian to its intersection by a line every point on which is three nautical miles seaward of the baseline; and

 

(v)               thence generally north-easterly along that line to its intersection by the geodesic line between the points of Latitude 21o47’00”South, Longitude 114o19’00”East and Latitude 21o40’00”South, Longitude 114o13’00”East; and

 

(vi)             thence north-westerly along the geodesic line to the point of Latitude 21o40’00”South, Longitude 114o13’00”East; and

 


(vii)           thence west along the parallel of latitude 21o40’00”South to the point of commencement.

 

(L.S.)

Given under my Hand and

the Great Seal of Australia

on 21 July 1992

By His Excellency’s Command,

 

 

Ros Kelly

Minister of State for the Arts, Sport,

the Environment and Territories

 

GOD SAVE THE QUEEN!

Overview

The National Parks and Wildlife Conservation Act 1975 was enacted to address the need for the conservation and management of Australia's national parks and wildlife. This Act provides a framework for the establishment, management, and protection of national parks and wildlife reserves across the country, ensuring the preservation of Australia's unique natural heritage. The Act was introduced by the Australian Parliament, with the intent to protect and conserve the nation's biodiversity and natural resources for future generations. In 1992, the Governor-General, William George Hayden, issued a Proclamation under the authority of the National Parks and Wildlife Conservation Act 1975 to amend the existing Proclamation published in 1987. The amendment aimed to expand the protected area in Western Australia by adding a specific region bounded by a defined imaginary line. This action was taken following a report by the Director of National Parks and Wildlife, as required by the Act, to ensure the ongoing protection and conservation of critical wildlife habitats and ecosystems within the newly designated area.

Scope and Application

The legislation F2007B00720 is a proclamation issued under the National Parks and Wildlife Conservation Act 1975, extending the geographical boundaries of a designated area for national parks and wildlife conservation in Australia. This proclamation applies to the specific area bounded by an imaginary line defined in the text, which is intended to enhance the protection of native flora and fauna and maintain ecological integrity. The proclamation's jurisdictional reach is national, as it operates under the authority of the Commonwealth of Australia, and it aims to integrate additional land into the national parks system. The legislation does not explicitly state any exclusions, exemptions, or thresholds, but its implementation would likely be subject to the conditions and stipulations outlined in the parent Act, the National Parks and Wildlife Conservation Act 1975. The proclamation may also be subject to further definition and regulation through subordinate instruments, which would provide additional detail on the management and use of the newly designated area.

Key Provisions

The main operative sections of this legislation (subsections 7(12) and 7(8) of the National Parks and Wildlife Conservation Act 1975, and subsection 7(2)) detail the process by which the Governor-General, following advice from the Federal Executive Council, can amend a Proclamation concerning a specific area designated for conservation purposes. The amendment adds a new protected area, defined by precise geographic coordinates and boundaries, to the Schedule of the Proclamation. In terms of obligations and requirements, the Act mandates that the Governor-General act upon the advice of the Federal Executive Council, which in turn must consider a report from the Director of National Parks and Wildlife. This process ensures that the decision to amend the Proclamation is informed by expert environmental and conservation assessments. The Director’s report, published in the Gazette, is a critical component of this process, providing the necessary data and recommendations that underpin the decision to expand the protected area. The legislation also imposes specific obligations on entities and individuals operating within or near the newly designated area. These obligations include adhering to the conservation goals outlined in the National Parks and Wildlife Conservation Act 1975, which generally aim to protect biodiversity, maintain natural and cultural resources, and regulate activities that could adversely affect the environment. Furthermore, the Act outlines potential civil and criminal consequences for breaches of the conservation regulations. While the specific penalties are not detailed within the text provided, such breaches can lead to substantial fines, imprisonment, or both, depending on the severity and nature of the violation. These penalties are intended to deter non-compliance and enforce the importance of protecting the designated conservation areas.

Legal classification tags

Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Enforcement Powers

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.