Environment Protection and Biodiversity Conservation (Prohibition from Entering or Remaining on Phillip Island) Notice 2022

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the growing need for a comprehensive framework to protect and manage Australia's environment, particularly in relation to biodiversity conservation and significant environmental impacts. This legislation was introduced by the Commonwealth Parliament to provide a unified approach to environmental protection, aiming to safeguard Australia's unique ecosystems and heritage. The policy objective of the Act is to ensure that development and other activities do not have significant adverse impacts on matters of national environmental significance, including World Heritage properties, listed threatened species and ecological communities, and Ramsar-listed wetlands. The Environment Protection and Biodiversity Conservation Regulations 2000 were made under the EPBC Act to provide further detail on the implementation of the Act. These regulations outline the procedures and requirements for assessing and managing activities that may impact the environment, including the prohibition of entry onto specific areas to protect wildlife, as demonstrated in the Phillip Island notice. This specific notice was issued to manage the Tarler Bird population on Phillip Island within the Norfolk Island National Park, ensuring the protection of roosting and nesting seabirds through controlled firearm use. The notice prohibits entry onto the island during specified times to mitigate potential disturbances to the birds and their habitat.

Scope and Application

The Environment Protection and Biodiversity Conservation (Prohibition from Entering or Remaining on Phillip Island) Notice 2022 applies to all individuals intending to enter or remain on Phillip Island, a part of the Norfolk Island National Park, during the specified period. This prohibition is established to facilitate the management of Tarler Birds (Poryphrio melanotus) on the island through the use of firearms, which is deemed necessary to safeguard the roosting and nesting sites of these seabirds. The notice is issued under the authority of subregulation 12.23(3) of the Environment Protection and Biodiversity Conservation Regulations 2000. While the prohibition generally applies to all persons, certain classes of individuals are exempt from this restriction as per subregulation 12.06(1) of the Regulations. The jurisdictional reach of this notice is limited to Norfolk Island, operating under the Commonwealth’s purview. For further information or queries, the public is directed to contact the Norfolk Island National Park Manager, Mr Nigel Greenup.

Key Provisions

The Environment Protection and Biodiversity Conservation (Prohibition from Entering or Remaining on Phillip Island) Notice 2022 (Notice) establishes a prohibition on entering or remaining on Phillip Island within the Norfolk Island National Park during specified times. Under subregulation 12.23(3) of the Environment Protection and Biodiversity Conservation Regulations 2000, all persons are prohibited from entering or remaining on Phillip Island between 0700 Norfolk Island Standard Time on Thursday 16 June 2022 and 1700 Norfolk Island Standard Time on Friday 17 June 2022 (referred to as the Relevant Time). This prohibition is in place due to the use of firearms during this period to manage the population of Tarler Birds (Porphyrio melanotus) on the island, a measure necessary to protect roosting and nesting seabirds. The Notice imposes obligations on the public to adhere to the specified prohibition and avoid entering or remaining on Phillip Island during the Relevant Time. Certain classes of persons are exempt from this prohibition as per subregulation 12.06(1) of the Regulations, although the Notice does not specify which classes are exempt. The primary obligation for those subject to the Notice is to ensure compliance by avoiding Phillip Island during the stated period. Breach of the prohibition may result in civil and/or criminal penalties. While the Notice does not explicitly state the specific penalties for breach, under the Environment Protection and Biodiversity Conservation Act 1999, penalties for contravening the Regulations can include substantial fines and, in some cases, imprisonment. The exact penalties depend on the severity of the offence and the discretion of the court. For more information or queries regarding the prohibition, individuals can contact the Norfolk Island National Park Manager, Mr Nigel Greenup, via email or phone.