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 sub-section 7 (2) of that Act and for the purposes of paragraph 7 (6) (a) of that Act, hereby
(a) declare the area specified in the Schedule to be a reserve;
(b) assign the name 'Norfolk Island Botanic Garden' to that reserve; and
(c) specify the depth of 1,000 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.
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SCHEDULE
DESCRIPTION OF AREA OF RESERVE
All that parcel of land situated in Norfolk Island being the whole of portions 152d1 and 152e and containing an area of 6084 square metres more or less: COMMENCING at a point on the northwestern boundary of Mission Road being the most easterly corner of portion 152c and bounded thence by the northeastern boundary of that portion bearing 306 degrees 54 minutes for 96.29 metres to the southeastern boundary of portion 152d3; thence by part of that boundary bearing 36 degrees 54 minutes for 20.505 metres 71 degrees 43 minutes 30 seconds for 54.29 metres to the most western corner of portion 152d2; thence by the southwestern boundary of that portion bearing 126 degrees 57 minutes 50 seconds for 81.07 metres to the northwestern boundary of Mission Road; thence southwesterly by that road boundary bearing 230 degrees 33 minutes 10 seconds for 66.86 metres to the point of commencement.
(L.S.) GIVEN under my Hand and the Great Seal of
Australia on 30 January 1986
By His Excellency's Command,
BARRY COHEN
Minister of State for Arts,
Heritage and Environment
GOD SAVE THE QUEEN!
Overview
The Norfolk Island Botanic Garden was proclaimed under the National Parks and Wildlife Conservation Act 1975, enacted by the Commonwealth Parliament to address the need for conservation of Australia’s unique flora and natural heritage. This legislation seeks to establish reserves that protect significant natural and cultural areas. On 30 January 1986, the Governor-General, Sir Ninian Martin Stephen, acting on advice from the Director of National Parks and Wildlife and the Federal Executive Council, declared the specified area on Norfolk Island as a reserve, named the Norfolk Island Botanic Garden, and extended the reserve's subsoil protection to 1,000 metres below the surface. This proclamation aims to preserve the ecological and aesthetic values of the area, ensuring its protection for future generations in line with the broader policy objectives of the National Parks and Wildlife Conservation Act.
Scope and Application
The proclamation, F2008B00735, issued under the National Parks and Wildlife Conservation Act 1975, pertains to the declaration of a specified area on Norfolk Island as a reserve, named the Norfolk Island Botanic Garden. This legal instrument, enacted by the Governor-General of the Commonwealth of Australia, designates a parcel of land, encompassing portions 152d1 and 152e, as a reserve with a total area of approximately 6084 square metres, including the subsoil to a depth of 1,000 metres below the surface. The proclamation is geographically focused on Norfolk Island and operates within the legislative framework provided by the National Parks and Wildlife Conservation Act 1975, which governs the establishment and management of protected areas in Australia. The proclamation itself does not detail any exclusions or exemptions, and its application is limited to the specific geographic and spatial parameters outlined within the schedule. The Act may further define or extend the scope of such reserves through subordinate instruments, ensuring comprehensive protection and management of the designated area.
Key Provisions
The Proclamation, issued under the National Parks and Wildlife Conservation Act 1975, establishes the Norfolk Island Botanic Garden as a reserve. Specifically, section (a) declares the specified area on Norfolk Island as a reserve, section (b) assigns the name 'Norfolk Island Botanic Garden' to this reserve, and section (c) specifies that the subsoil within this reserve extends to a depth of 1,000 metres below the surface. The Schedule provides a detailed description of the reserve's boundaries, encompassing portions 152d1 and 152e, with a total area of approximately 6,084 square metres.
This legislation imposes certain obligations on the parties involved, primarily focusing on the protection and conservation of the Norfolk Island Botanic Garden. The reserve's establishment aims to safeguard the natural and cultural heritage within the specified area, ensuring its preservation for future generations. Furthermore, the subsoil inclusion within the reserve extends the scope of conservation efforts to encompass geological and archaeological resources.
Breaches of the provisions outlined in this Proclamation may lead to various civil and criminal consequences. Under the National Parks and Wildlife Conservation Act 1975, unauthorised activities within the reserve, such as damaging or removing flora, fauna, or geological features, may result in penalties. The specific penalties for such offences are not detailed in the Proclamation but are typically outlined in the main Act, which could include fines and imprisonment terms depending on the severity of the offence. The exact penalties would be determined by the courts based on the circumstances of each case.