Environment Protection and Biodiversity Conservation Act 1999 - Proclamation - Australian National Botanic Gardens (10/09/1991)

Overview

The National Parks and Wildlife Conservation Act 1975, as evidenced by the legislative instrument F2007B00696, was enacted to address the need for the conservation and preservation of areas of significant natural and cultural value across Australia. This legislation was introduced to provide a legal framework for the declaration and management of national parks and reserves, thereby ensuring the protection of Australia’s unique flora, fauna, and natural landscapes. The enacting body for this proclamation is the Commonwealth of Australia, specifically through the authority of the Governor-General, acting on the advice of the Federal Executive Council, which underscores the importance and gravity of the decision to designate the Australian National Botanic Gardens. The policy objective articulated in this proclamation is to formally recognise and safeguard the area specified in the Schedule as a reserve, named the Australian National Botanic Gardens, thereby providing a dedicated space for botanical research, education, and the preservation of plant species.

Scope and Application

The Proclamation of the Australian National Botanic Gardens under the legislative instrument F2007B00696 applies to the specific areas designated in the Schedule, which are located in Canberra City District and Jervis Bay Territory. This Act serves to declare these areas as a reserve and assigns them the name "Australian National Botanic Gardens." The scope of this Act extends to the subsoil beneath the land and sea within the reserve, up to a depth of 1,000 metres below the surface or sea-bed. This declaration is made under the authority of the National Parks and Wildlife Conservation Act 1975, which provides the legislative framework for the establishment of such reserves. The Act does not specify any exclusions, exemptions, or thresholds within the text, but the detailed application and enforcement of the Act may be further defined through subordinate instruments or regulations. The geographic reach of this Act is limited to the Commonwealth level, impacting the specified areas within the Australian Capital Territory and Jervis Bay Territory.

Key Provisions

This legislative instrument, F2007B00696, declares a specific area to be a reserve under the National Parks and Wildlife Conservation Act 1975. The Governor-General, William George Hayden, acting on the advice of the Federal Executive Council, has proclaimed the area to be the Australian National Botanic Gardens. This proclamation (section 7(2)) specifies the geographical boundaries of the reserve and assigns it the name "Australian National Botanic Gardens". The proclamation also extends the reserve's boundaries to a depth of 1,000 metres below the surface of any land or sea within the specified areas, indicating that subsoil beneath these depths is also part of the reserve. The Act imposes certain obligations and requirements on the parties and entities governed by it. For instance, it mandates that the subsoil and land within the declared area are to be managed as part of the reserve. This includes any activities related to land use, conservation, and management within the specified boundaries. The Act likely imposes restrictions on activities such as mining, drilling, and any other form of exploitation that might affect the integrity of the reserve. It also requires the relevant authorities to ensure that any development or use of the land complies with conservation objectives. Breaches of the provisions outlined in the Act can result in civil and criminal penalties. The specific consequences for non-compliance can vary, but they may include fines, imprisonment, or both. The maximum penalties for contravening the Act are not detailed within this proclamation but would be specified in the overarching National Parks and Wildlife Conservation Act 1975. Offences may involve unauthorized activities within the reserve, such as unauthorized drilling, land use that compromises the reserve's integrity, or failure to comply with conservation directives. The enforcement of these penalties aims to protect the ecological and cultural significance of the Australian National Botanic Gardens.