PROCLAMATION
Commonwealth of By His Excellency the
Australia Governor-General of
N. M. STEPHEN the Commonwealth of
Governor-General 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 ‘Lihou Reef 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
Lihou Reef National Nature Reserve
The area the boundary of which
(1) commences at the point of Longitude 151o8’East Latitude 17o54’South;
(2) runs thence north along the meridian of Longitude 151o8’East to its intersection by the parallel of Latitude 17o21’South;
(3) runs thence north-easterly along the geodesic to the point of Longitude 151o54’East Latitude 16o57’South;
(4) runs thence east along the parallel of Latitude 16o57’South to its intersection by the meridian of Longitude 152o20’East;
(5) runs thence south along the last-mentioned meridian to its intersection by the parallel of Latitude 17o27’South; and
(6) 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 Lihou Reef National Nature Reserve was established under the National Parks and Wildlife Conservation Act 1975, enacted by the Commonwealth Parliament to safeguard Australia's national parks and wildlife. The 1982 Proclamation, signed by the Governor-General, Sir Ninian Martin Stephen, and advised by the Federal Executive Council, aimed to address the need for specific areas to be preserved due to their ecological significance. This legal instrument declares Lihou Reef, located off the coast of Queensland, as a protected reserve and names it the 'Lihou Reef National Nature Reserve', ensuring its conservation under federal oversight. The proclamation was made after due consideration of a report from the Director of National Parks and Wildlife, aligning with the policy objectives of the Act to protect and conserve Australia's natural heritage.
Scope and Application
The proclamation establishes the Lihou Reef National Nature Reserve as a protected area under the National Parks and Wildlife Conservation Act 1975, covering a specific geographical area off the coast of Australia. This Act applies to the designated marine reserve, encompassing all wildlife, natural habitats, and ecological processes within its boundaries. The proclamation is confined to a particular area within the Northern Territory, following the necessary consultation with the Director of National Parks and Wildlife and the consideration by the Federal Executive Council. The reserve's boundaries are meticulously outlined in the schedule, providing a clear definition of the geographical limits of the protected area, extending to a depth of 1,000 metres below the surface. The proclamation is a specific application of the broader legislative framework, and any further regulations or management of the reserve would be subject to the provisions of the National Parks and Wildlife Conservation Act 1975.
Key Provisions
The main operative sections of this Proclamation (sections (a), (b), and (c)) declare the specified area as a reserve, assign the name "Lihou Reef National Nature Reserve" to this reserve, and specify a depth of 1,000 metres for the purposes of the National Parks and Wildlife Conservation Act 1975. These sections are straightforward and aim to establish the area as a protected reserve under the Act.
The obligations and requirements imposed by this Act are primarily on the Governor-General and the Federal Executive Council. The Governor-General, in declaring the area as a reserve and assigning it a name, must act in accordance with the advice of the Federal Executive Council and the report from the Director of National Parks and Wildlife. This ensures that the declaration is informed and considered, reflecting the need for careful deliberation in establishing a reserve.
In terms of breaches and penalties, the Proclamation itself does not explicitly state the offences or penalties for breaching its provisions. However, any breaches of the National Parks and Wildlife Conservation Act 1975, under which this Proclamation is made, may result in civil or criminal consequences. The Act generally provides for offences such as damaging or interfering with a reserve, and penalties can include substantial fines and imprisonment, depending on the severity of the offence and the specific provisions of the Act.