PROCLAMATION
Commonwealth of Australia | By His Excellency the Governor-General of the Commonwealth of Australia |
BILL HAYDEN
Governor-General
I, WILLIAM GEORGE HAYDEN, Governor-General of the Commonwealth of Australia, acting with the advice of the Executive Council and after consideration by the Executive Council of a report by the Director of National Parks and Wildlife in accordance with subsection 7 (11) of the National Parks and Wildlife Conservation Act 1975, under subsection 7 (8) of the Act amend the Proclamation made under subsection 7 (2) of the Act and published in the Gazette on 31 January 1986 by omitting the Schedule and substituting the following Schedule:
SCHEDULE
All that piece or parcel of land situated on Norfolk Island being portions 152d1, 152d4 and 152e having an area of 5.48 hectares or thereabouts: COMMENCING at a point on the southwestern side of Mount Pitt Road being the northern corner of portion 152d2 and bounded then on the southeast and northeast by northwestern and southwestern boundaries of that portion bearing 251 degrees 43 minutes 30 seconds 82.05 metres and 126 degrees 57 minutes 50 seconds 81.07 metres respectively to a point on the northwestern side of Mission Road being the southern corner of portion 152d2 then again on the southeast by part of that side of that road bearing 230 degrees 33 minutes 10 seconds 66.86 metres to a bend in the road being the eastern corner of portion 152c then on the southwest and again on the southeast by the northeastern and northwestern boundaries of that portion bearing 306 degrees 54 minutes 96.29 metres and 216 degrees 54 minutes 123.17 metres respectively to a point on a northeastern boundary of portion 152a then again on the southwest by part of that boundary of that portion bearing 307 degrees 02 minutes 20 seconds 328.71 metres to a point on a southeastern boundary of portion 175c being the northern corner of portion 152a then on the northwest by part of that boundary of that portion bearing 33 degrees 46 minutes 50 seconds 238.04 metres to a point on the southwestern boundary of portion 128f then again on the northeast by part of that boundary of that portion bearing 127 degrees 52 minutes 50 seconds 55.375 metres then generally on the east and north by the western and southern boundaries of portion 152d5 successively bearing 189 degrees 46 minutes 35.42 metres 173 degrees 06 minutes 20 seconds 91.1 metres 187 degrees 15 minutes 92.405 metres 156 degrees 16.71 metres 100 degrees 05 minutes 26.37 metres 140 degrees 03 minutes 20 seconds 37.285 metres 60 degrees 48 minutes 30 seconds 33.78 metres 76 degrees 59 minutes 30 seconds 106.265 metres 355 degrees 21.055 metres 81 degrees 58 minutes 110.785 metres to a point on the aforesaid southwestern side of Mount Pitt Road then again on the northeast by part of that side of that road bearing 144 degrees 25 minutes 20 seconds 19.19 metres to the point of commencement.
(L.S.)
GIVEN under my Hand and
the Great Seal of Australia
on 27 May 1993
By His Excellency’s Command,
Ros Kelly
Minister for the Environment,
Sport and Territories
GOD SAVE THE QUEEN!
Overview
The Commonwealth of Australia enacted the National Parks and Wildlife Conservation Amendment (Norfolk Island) Proclamation 1993 to amend the existing National Parks and Wildlife Conservation Act 1975 with respect to Norfolk Island. This legislative instrument was issued by the Governor-General, Bill Hayden, on 27 May 1993, following the advice of the Executive Council and a report by the Director of National Parks and Wildlife. The primary objective of this amendment was to redefine and adjust the boundaries of protected areas on Norfolk Island, ensuring better conservation and management of the island's natural resources. The proclamation replaces the previous schedule with a new one detailing the specific areas and boundaries of land that are to be protected, reflecting a more precise and updated approach to environmental conservation on Norfolk Island.
Scope and Application
The legislative instrument F2008B00736 pertains to the amendment of a Proclamation under the National Parks and Wildlife Conservation Act 1975. This specific amendment concerns the substitution of the land area specified in the original Proclamation published on 31 January 1986, replacing it with a new schedule that details particular land parcels on Norfolk Island. The new schedule meticulously outlines the boundaries and coordinates of portions 152d1, 152d4, and 152e, which collectively cover an area of approximately 5.48 hectares. This amendment applies to the geographical scope of Norfolk Island and is within the jurisdiction of the Commonwealth of Australia. The Act does not explicitly mention exclusions, exemptions, or thresholds but is likely to operate under the broader legal framework of the National Parks and Wildlife Conservation Act 1975, which may provide for such details in subordinate legislation or regulations.
Key Provisions
The key provisions of this proclamation, which amends the National Parks and Wildlife Conservation Act 1975, involve the substitution of the original schedule with a new schedule detailing specific land parcels on Norfolk Island. The main operative sections include subsection 7 (8) and subsection 7 (11) of the Act, which allow for amendments to be made to the land designated as a national park. Section 7 (8) enables the Governor-General to amend the proclamation based on a report by the Director of National Parks and Wildlife, while subsection 7 (11) requires this report to consider the conservation values of the land in question. The new schedule identifies specific land portions by their legal descriptions and coordinates, ensuring that the boundaries of the protected area are clearly and accurately defined.
The obligations and requirements imposed by this Act pertain primarily to the maintenance and management of the designated land as a national park. The Director of National Parks and Wildlife is responsible for ensuring that the land is protected and managed in accordance with the objectives of the National Parks and Wildlife Conservation Act. This includes the implementation of conservation measures, the prevention of activities that could harm the natural or cultural values of the land, and the facilitation of public access and enjoyment in a sustainable manner. The Act also requires the Director to prepare and submit reports to the Governor-General, as outlined in section 7 (11), to inform any potential amendments to the proclamation.
In terms of offences and penalties, the Act does not explicitly outline specific breaches or penalties within the proclamation itself. However, the overarching National Parks and Wildlife Conservation Act 1975 does provide for a range of offences related to the management and protection of national parks. These can include activities such as damaging park infrastructure, engaging in unauthorised activities within protected areas, and failing to comply with park regulations. Penalties for breaches of the Act can vary, but may include substantial fines and, in some cases, imprisonment. The exact penalties would be determined based on the nature and severity of the offence, as well as any relevant jurisdictional guidelines.