PROCLAMATION
Commonwealth of Australia N. M. STEPHEN Governor-General | By His Excellency the Governor-General of the Commonwealth of Australia |
I, SIR NINIAN MARTIN STEPHEN, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and after consideration by the Federal 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, pursuant to subsection 7 (2) of that Act and for the purposes of subsection 7 (3) and paragraphs 7 (6) (a) and 7 (6) (c) of that Act hereby:
(a) declare the area specified in the Schedule to be a reserve;
(b) assign the name ‘Elizabeth and Middleton Reefs Marine National Nature Reserve’ to that reserve;
(c) specify the purposes for which the reserve is declared as conservation, protection of marine wildlife and habitats, scientific research and education; and
(d) specify the depth of 1000 metres below the surface of any land within the area so declared to be a reserve as the depth to which the subsoil beneath that land shall be taken to be within that reserve; and
(e) specify the depth of 1000 metres below the sea-bed beneath any sea within the area so declared to be a reserve as the depth to which the subsoil beneath that sea-bed shall be taken to be within that reserve.
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SCHEDULE
Description of Area within Reserve
1. (1) All latitudes and longitudes referred to in clause 2 are latitudes and longitudes determined by reference to the World Geodetic System 1984.
(2) Where, for the purposes of clause 2, it is necessary to determine the position on the surface of the Earth of a point, line or area by reference to the World Geodetic System 1984, that position shall be determined by reference to a spheroid having its centre at the centre of the Earth and a major semi-axis of 6378137 metres and a flattening of 1/298.257223563.
2. The area specified is the area bounded by a line:
(a) commencing at the point of Latitude 29o21’South, Longitude 158o59’East;
(b) running thence east along the parallel of Latitude 29o21’South to its intersection by the meridian of Longitude 159o14’East;
(c) thence south-westerly along the geodesic to the point of Latitude 30o03’South, Longitude 159o10’East;
(d) thence west along the parallel of Latitude 30o03’South to its intersection by the meridian of Longitude 158o55’East; and
(e) thence north-easterly along the geodesic to the point of commencement.
(L.S.) GIVEN under my Hand and the Great Seal of Australia on 11 December 1987. |
By His Excellency’s Command,
GRAHAM RICHARDSON
Minister of State for
the Environment and the Arts
GOD SAVE THE QUEEN!
Overview
The Elizabeth and Middleton Reefs Marine National Nature Reserve was established under the National Parks and Wildlife Conservation Act 1975, proclaimed by the Governor-General on 11 December 1987. This legislation aimed to address the need for the conservation and protection of the unique marine ecosystems surrounding Elizabeth and Middleton Reefs. The proclamation followed a report by the Director of National Parks and Wildlife, ensuring that the establishment of the reserve was based on scientific and environmental considerations. The reserve was created to conserve marine wildlife and habitats, support scientific research, and facilitate educational activities, highlighting the policy objective of preserving the natural and cultural heritage of these areas.
Scope and Application
The Proclamation issued under the National Parks and Wildlife Conservation Act 1975 declares a specific area in the waters around Australia to be a reserve known as the Elizabeth and Middleton Reefs Marine National Nature Reserve. This proclamation is geographically focused on a designated area bounded by precise latitudes and longitudes determined by the World Geodetic System 1984, thereby establishing its exact location. The purposes of this reserve include conservation, protection of marine wildlife and habitats, scientific research, and education. The proclamation also extends the reserve's jurisdiction to include the subsoil beneath the specified land and seabed areas to a depth of 1000 metres below the surface. The scope of this Act applies to the entire area specified within the reserve and its surrounding waters, and the legislation ensures comprehensive protection and management of the marine environment within these boundaries.
Key Provisions
The primary sections of this legislation, F2007B00726, establish the creation of the Elizabeth and Middleton Reefs Marine National Nature Reserve. Section (a) declares a specific area as a reserve, while section (b) names the reserve as the ‘Elizabeth and Middleton Reefs Marine National Nature Reserve’. The purposes of the reserve, outlined in section (c), are for conservation, protection of marine wildlife and habitats, scientific research, and education. The subsoil to a depth of 1000 metres below the surface of any land and 1000 metres below the sea-bed within the reserve are also included in the reserve, as specified in section (d) and (e).
The legislation imposes several obligations on the parties or entities it governs. Firstly, the area declared as a reserve must be managed for the purposes of conservation, protection of marine wildlife and habitats, scientific research, and education. Additionally, any activities within the reserve must comply with the provisions of the National Parks and Wildlife Conservation Act 1975. The legislation also requires that the subsoil to a depth of 1000 metres below the surface of any land and 1000 metres below the sea-bed within the reserve be managed in accordance with the purposes of the reserve.
Breach of this legislation may result in civil or criminal consequences. Specifically, section 24 of the National Parks and Wildlife Conservation Act 1975 provides for the imposition of fines and/or imprisonment for offences such as damaging or destroying wildlife, interfering with scientific research, or entering the reserve without permission. The maximum penalty for each offence varies depending on the severity of the breach, but may include fines of up to $105,000 and/or imprisonment for up to two years. Additionally, section 25 of the Act provides for the imposition of civil penalties for breaches of the Act, including fines of up to $63,000.
In summary, this legislation creates the Elizabeth and Middleton Reefs Marine National Nature Reserve for the purposes of conservation, protection of marine wildlife and habitats, scientific research, and education. It imposes obligations on parties or entities governed by the Act to manage the reserve in accordance with these purposes and to comply with the provisions of the National Parks and Wildlife Conservation Act 1975. Breach of the legislation may result in civil or criminal consequences, including fines and/or imprisonment.