National Parks and Wildlife Conservation Act 1975
PROCLAMATION
I, WILLIAM GEORGE HAYDEN, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council following consideration by the Federal Executive Council of a report by the Director of National Parks and Wildlife:
(a) under subsection 7 (2) of the National Parks and Wildlife Conservation Act 1975:
(i) declare the area described in the Schedule to be a park; and
(ii) assign the name “Pulu Keeling National Park” to the park; and
(iii) declare the park to be a wilderness zone; and
(b) for the purposes of subsection 7 (6) of that Act:
(i) specify subsoil to the depth of 1,000 metres below the surface of any land within that area; and
(ii) specify subsoil to the depth of 1,000 metres below the surface of any sea-bed within that area.
Signed and sealed with the
Great Seal of Australia
on 12 DECEMBER 1995.
BILL HAYDEN
Governor-General
By His Excellency's Command,
John Faulkner
Minister for the Environment, Sport and Territories
SCHEDULE
AREA OF PULU KEELING NATIONAL PARK
The area, containing 2601.9 hectares more or less, bounded by a line commencing (under World Geodetic System 1972) at the point of intersection of the Parallel of
Latitude 11° 51' 23.7" South and the Meridian of Longitude 96° 47' 59.7" East and proceeding in a northerly direction along that Meridian to the point of intersection with Latitude 11° 48' 26.2" South, then in an easterly direction along that Parallel to the point of intersection with Longitude 96° 50' 37.3" East, then in a southerly direction along that Meridian to the point of intersection with Latitude 11° 51' 23.7" South, then in a westerly direction along that Parallel to the point of commencement.
Overview
The National Parks and Wildlife Conservation Act 1975 was enacted by the Commonwealth Parliament to address the need for the conservation and protection of Australia's natural heritage, including parks and wildlife. The Act provides a legislative framework for the establishment and management of national parks and reserves across the country, ensuring the preservation of biodiversity, cultural heritage, and natural landscapes for future generations. The Act also aims to balance the need for conservation with sustainable use and enjoyment of natural areas by the public. The 1995 proclamation by the Governor-General, Bill Hayden, under the authority of the Act, designated a specific area as the Pulu Keeling National Park and designated it as a wilderness zone, reflecting a commitment to protecting unique and ecologically significant areas from development and exploitation.
The policy objective of the Act is to conserve and protect Australia's natural and cultural heritage, including national parks and wildlife, by providing for their management in a manner that ensures their conservation and sustainable use. The Act aims to achieve this objective through the establishment of national parks and reserves, the regulation of activities within these areas, and the promotion of public awareness and appreciation of the importance of conservation. The Pulu Keeling National Park proclamation exemplifies the Act's purpose by creating a protected area that safeguards the natural environment and ecological significance of the region for both present and future generations.
Scope and Application
The National Parks and Wildlife Conservation Act 1975, as evidenced by the proclamation, applies to the declaration of specified areas as national parks and the classification of such parks into zones, including wilderness areas. This particular legislative instrument declares a specific area as Pulu Keeling National Park and designates it as a wilderness zone. The Act extends to the Commonwealth level, covering the establishment and management of national parks within Australian territories. The Act applies to persons, entities, and activities occurring within the designated park area, encompassing both terrestrial and marine environments, including the subsoil to a depth of 1,000 metres. This proclamation ensures that activities such as mineral exploration and extraction are regulated within the park boundaries. The Act may be further detailed through subordinate instruments, which can provide additional regulations and guidelines for the management and protection of the designated park area.
Key Provisions
The National Parks and Wildlife Conservation Act 1975 (section 7) empowers the Governor-General, on the advice of the Federal Executive Council, to declare areas as national parks and assign them specific names. In this instance, the proclamation designates an area as the Pulu Keeling National Park, encompassing approximately 2601.9 hectares. The Act also mandates that this area be designated as a wilderness zone, indicating a high level of conservation and minimal human intervention (subsection 7(6)). Additionally, the proclamation extends the protection to subsoil to a depth of 1,000 metres below both land and sea-bed within the park’s boundaries.
The Act imposes several obligations on parties and entities within the Pulu Keeling National Park. These include ensuring that activities within the park adhere to the stringent standards applicable to a wilderness zone. This typically means that any form of development, resource extraction, or significant human activity must be strictly limited to preserve the natural state of the area. Furthermore, the subsoil rights extend to the protection of geological features and resources, prohibiting any extraction or alteration of the subsoil without explicit authorisation.
Breaches of the provisions outlined in the Act may lead to various legal consequences. For instance, unauthorised activities within the park could result in enforcement actions under the Act. The Act may provide for civil penalties, which could include fines, or criminal penalties for more severe violations. While the specific maximum penalties are not detailed in this excerpt, they could encompass substantial financial penalties and, in cases of severe environmental damage, potential imprisonment. Compliance with the Act is crucial to avoid these consequences and to uphold the conservation objectives of the Pulu Keeling National Park.