EXPLANATORY STATEMENT
(Issued by Authority of the Minister for the Environment)
Environment Protection and Biodiversity Conservation Act 1999
Environment Protection and Biodiversity Conservation Amendment (Heard Island and McDonald Islands) Proclamation 2014
Subsection 350(1) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides that the Governor-General may revoke or amend a Proclamation by another Proclamation.
Subsection 390J(5) of the Act provides for the Governor-General to make a Proclamation revoking or amending the Proclamation of a conservation zone established under the Act.
The purpose of the Proclamation is to:
- amend the Proclamation declaring the Heard Island and McDonald Islands Marine Reserve (the Reserve); and
- revoke the Proclamation of the interim Conservation Zone adjoining the Reserve.
The Reserve was declared by Proclamation under section 344(1) of the Act on 3 October 2002 for the purpose of ‘protecting the conservation values of Heard Island and McDonald Islands and the adjacent unique and vulnerable marine ecosystems’. It covers an approximate area of 65 000 square kilometres. Possessing a unique subantarctic ecosystem that is highly susceptible to human impacts, the Reserve is categorised as an International Union for Conservation of Nature Category 1a Strict Nature Reserve. Human activities in the Reserve are subsequently strictly managed and mostly limited to scientific research and monitoring.
At the same time that the Reserve was declared, four areas that had been proposed for inclusion in the Reserve were declared an interim Conservation Zone under section 390D of the Act to facilitate further scientific assessments to determine whether these areas possessed values that warranted conservation and protection in the Reserve. The Conservation Zone covers an approximate area of 12 000 square kilometres. The scientific assessments were concluded in 2009. They recommend that approximately 6 200 square kilometres of the Conservation Zone should be added to the Reserve on the basis of its high conservation value and that the remaining area of Conservation Zone (approximately 5 800 square kilometres) should be released into the surrounding Exclusive Economic Zone on the basis that values in this area are likely to be adequately represented elsewhere in the Reserve (see the Attachment).
Subsection 351(1) of the Act requires the Minister to consider a report from the Director of National Parks (the Director) on a Commonwealth Reserve proposal before the Governor-General makes a Proclamation to declare a Reserve, or a Proclamation to revoke or amend a Proclamation. Under subsection 351(2) of the Act, when preparing the report, the Director must publish a public notice stating the subject matter to be dealt with by the Proclamation and invite the public to comment on the same. Under paragraph 351(2)(b), the Director must consider any comments made in response to the invitation for public comment. Subsection 351(5) provides for a period of at least 60 days after the notice is published for public comments to be made.
The Director published a notice in the Gazette on 21 December 2011 inviting comments on the proposal. It specified that comments must be sent by 22 February 2012. A report prepared by the Director pursuant to s351(1) was considered by the Minister.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Proclamation commenced the day after it was registered on the Federal Register of Legislative Instruments.
Map showing areas of the Conservation Zone proposed for addition to the Heard Island and McDonald Islands Marine Reserve
Overview
The Environment Protection and Biodiversity Conservation Amendment (Heard Island and McDonald Islands) Proclamation 2014 amends the Proclamation declaring the Heard Island and McDonald Islands Marine Reserve and revokes the Proclamation of the interim Conservation Zone adjoining the Reserve. Enacted by the Parliament of Australia, this legislation addresses the need to update conservation measures for the unique subantarctic ecosystem of Heard Island and McDonald Islands, as well as their adjacent marine environments. The primary objective is to enhance the protection of these ecosystems, which are highly susceptible to human impacts, by incorporating scientific findings into the Reserve's management and expanding its area to include zones of high conservation value. This amendment follows the completion of scientific assessments in 2009 that recommended the expansion of the Reserve based on its ecological significance.
Scope and Application
The Environment Protection and Biodiversity Conservation Amendment (Heard Island and McDonald Islands) Proclamation 2014 amends the existing legal framework established under the Environment Protection and Biodiversity Conservation Act 1999 concerning the Heard Island and McDonald Islands Marine Reserve. The Proclamation applies to the area covered by the Marine Reserve, which spans approximately 65,000 square kilometres, and the adjoining Conservation Zone, which covers around 12,000 square kilometres. The Act is applicable to all persons and entities operating within these zones, regulating activities to ensure the protection of the unique and vulnerable ecosystems of Heard Island and McDonald Islands. The Proclamation is a Commonwealth instrument, thereby extending its jurisdictional reach across the national territory of Australia. Notably, the Proclamation revokes the interim Conservation Zone and incorporates approximately 6,200 square kilometres of it into the Marine Reserve, based on scientific assessments that concluded in 2009. The remaining area of the Conservation Zone, approximately 5,800 square kilometres, is released into the surrounding Exclusive Economic Zone. The Act allows for further amendments through subordinate instruments as deemed necessary by the Governor-General.
Key Provisions
The main operative sections of the Environment Protection and Biodiversity Conservation Amendment (Heard Island and McDonald Islands) Proclamation 2014 (the Proclamation) involve amending the Proclamation declaring the Heard Island and McDonald Islands Marine Reserve (the Reserve) and revoking the Proclamation of the interim Conservation Zone adjoining the Reserve. Specifically, the Proclamation amends the existing Reserve to expand its area by incorporating approximately 6,200 square kilometres from the interim Conservation Zone, while revoking the proclamation of the remaining 5,800 square kilometres of the Conservation Zone. This expansion is based on scientific assessments that concluded in 2009, which recommended the addition of the high conservation value areas to the Reserve. The Reserve, declared on 3 October 2002, aims to protect the unique subantarctic ecosystem of Heard Island and McDonald Islands, and is managed to limit human activities mostly to scientific research and monitoring.
The Proclamation imposes several obligations on the parties and entities it governs. Firstly, it requires the Minister for the Environment to consider a report from the Director of National Parks before making any proclamation to declare, revoke, or amend a Reserve. In preparing the report, the Director must publish a public notice in the Gazette, inviting public comment on the subject matter to be dealt with by the Proclamation. The Director is also required to consider any comments made in response to the public notice. This process ensures transparency and public participation in decisions regarding the conservation values of the Reserve. The public notice published on 21 December 2011 provided a period of at least 60 days for public comments, which were considered by the Minister in making the decision reflected in the Proclamation.
Any breach of the provisions outlined in the Proclamation may have civil and criminal consequences. While the specific offences, penalties, or consequences are not detailed in the Explanatory Statement, it is common under Australian legislation that breaches of environmental protection laws can result in substantial penalties. Typically, these may include fines for individuals and corporations, as well as potential imprisonment for serious or repeated offences. The exact penalties would depend on the specific nature of the breach and would be determined in accordance with the broader provisions of the Environment Protection and Biodiversity Conservation Act 1999 and any other relevant legislation. The overarching aim of these potential consequences is to enforce compliance and uphold the integrity of the conservation measures established by the Proclamation.