PROCLAMATION
Commonwealth of Australia N. M. STEPHEN Governor-General | By His Excellency the Governor-General of the Commonwealth of Australia |
WHEREAS it is provided by sub-section (2) of section 7 of the National Parks and Wildlife Conservation Act 1975 that, amongst other things, the Governor-General may, by Proclamation, declare an area specified in the Proclamation to be a reserve and assign a name to that reserve.
AND WHEREAS it is provided by sub-section (11) of that section that the Governor-General shall not make a Proclamation under that section, other than a Proclamation in relation to certain land or sea in the Northern Territory of Australia referred to in sub-section (11A) of that section, except after consideration by the Federal Executive Council of a report by the Director of National Parks and Wildlife in relation to the matter dealt with by the Proclamation.
AND WHEREAS the Federal Executive Council has considered a report by the Director of National Parks and Wildlife in relation to the declaration of the area specified in the Schedule to be a reserve.
NOW THEREFORE I, Sir Ninian Martin Stephen, the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby
(a) declare the area specified in the Schedule to be a reserve;
(b) assign to that reserve the name ‘Coringa-Herald National Nature Reserve’; and
(c) for the purposes of paragraphs (6) (a) and (c) of that section, specify a depth of 1,000 metres.
SCHEDULE
Coringa-Herald National Nature Reserve
The area of the boundary which
(1) commences at the point of Longitude 150o5’East Latitude 17o11’South;
(2) runs thence west along the parallel of Latitude 17o11’South to its intersection by the meridian of Longitude 149oEast;
(3) runs thence north along the last-mentioned meridian to its intersection by the parallel of Latitude 16o46’South;
(4) runs thence east along the last-mentioned parallel to its intersection by the meridian of Longitude 149o48’East;
(5) runs thence north-easterly along the geodesic to the point of Longitude 150o12’East Latitude 16o23’South;
(6) runs thence east along the parallel of Latitude 16o23’South to its intersection by the meridian of Longitude 150o30’East;
(7) runs thence south along the last-mentioned meridian to its intersection by the parallel of Latitude 16o52’South; and
(8) runs thence south-westerly along the geodesic to the point of commencement.
| (L. S.) GIVEN under my Hand and the Great Seal of Australia on 3 August 1982. |
By His Excellency’s Command
D. T. McVEIGH
Minister of State for
Home Affairs and Environment
GOD SAVE THE QUEEN!
Overview
The Coringa-Herald National Nature Reserve was established under the National Parks and Wildlife Conservation Act 1975. This proclamation, made by Sir Ninian Martin Stephen, the Governor-General of the Commonwealth of Australia, and enacted on 3 August 1982, aimed to address the need for the conservation of unique and ecologically significant areas in Australia. This legislative instrument was introduced to ensure that specific areas, such as the Coringa-Herald National Nature Reserve, are protected and managed effectively for their environmental, cultural, and scientific values. The proclamation was issued following consideration by the Federal Executive Council of a report by the Director of National Parks and Wildlife, thereby fulfilling the legislative requirement for such a declaration to be subject to expert evaluation and federal oversight.
Scope and Application
The Proclamation under the National Parks and Wildlife Conservation Act 1975 pertains to the declaration of a specified area as a reserve and the assignment of a name to that reserve within the Northern Territory of Australia. The Governor-General, with the advice of the Federal Executive Council, exercises the authority to make such a proclamation, contingent on the consideration of a report by the Director of National Parks and Wildlife. The proclamation specifically declares an area as the Coringa-Herald National Nature Reserve and sets a depth of 1,000 metres for certain purposes as outlined in the Act. The proclamation applies to the geographical boundaries defined in the Schedule, which detail the specific coordinates delineating the reserve’s limits. The legislation does not specify exclusions, exemptions, or thresholds within the text, and any further details would be subject to subordinate instruments or additional legislation.
Key Provisions
The Proclamation declares a specified area to be a reserve, named the Coringa-Herald National Nature Reserve, under the authority provided by section 7 of the National Parks and Wildlife Conservation Act 1975 (sections 7(2) and 7(11)). This reserve is defined by a series of geographical coordinates that outline its boundaries (Schedule). The proclamation also specifies a depth of 1,000 metres for the purposes of certain provisions within the Act (section 7(6)(a) and (c)).
The Act imposes certain obligations on the parties involved in the management and protection of the reserve. These include the requirement that the Governor-General consider a report by the Director of National Parks and Wildlife before making such a proclamation, unless it pertains to land or sea in the Northern Territory of Australia (section 7(11) and 7(11A)). The proclamation itself ensures that the area is legally designated as a reserve, thereby subjecting it to the protections and management practices outlined in the Act.
In terms of consequences for breaches of the Act, the legislation does not explicitly state offences, penalties, or civil/criminal consequences within the Proclamation itself. However, the overarching National Parks and Wildlife Conservation Act 1975 may contain provisions that could lead to penalties or enforcement actions for violations related to the management and protection of national parks and nature reserves. These could include fines or other penalties as prescribed by the relevant legislation. The exact nature and extent of penalties would be governed by the broader Act and any subsidiary regulations.