Environment Protection and Biodiversity Conservation (Prohibition from Entering or Remaining on Phillip Island) Notice (No. 1) 2023

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted by the Australian Parliament to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to establish a framework for the conservation of biodiversity. This Act addresses gaps in environmental protection and biodiversity conservation by providing a comprehensive legislative framework that enables the identification, protection, and management of areas of significant environmental value. The policy objective of the Act is to ensure the sustainable use of natural resources while protecting the environment and biodiversity. The Environment Protection and Biodiversity Conservation Regulations 2000 (Cth) further elaborate on the provisions of the Act, providing specific rules and guidelines for the protection of the environment and biodiversity. The Environment Protection and Biodiversity Conservation (Prohibition from Entering or Remaining on Phillip Island) Notice (No. 1) 2023 (Cth) was issued under the authority of the Regulations to prohibit all persons from entering or remaining on Phillip Island within the Norfolk Island National Park during specified hours to protect roosting and nesting seabirds.

Scope and Application

The Environment Protection and Biodiversity Conservation (Prohibition from Entering or Remaining on Phillip Island) Notice (No. 1) 2023 applies to all persons intending to enter or remain on any part of Phillip Island within the Norfolk Island National Park, during the specified hours of 0700 on Thursday 25th May 2023 to 1700 on Friday 26th May 2023. The regulation is issued under the authority of subregulation 12.23(3) of the Environment Protection and Biodiversity Conservation Regulations 2000, which aims to protect roosting and nesting seabirds. Notably, the use of firearms during the specified period is authorised to manage the population of Tarler Birds (Porphyrio melanotus) on Phillip Island. While the prohibition is broad, certain individuals may be exempt under subregulation 12.06(1) of the Regulations, though the specific exemptions are not detailed in the notice. Any inquiries regarding this prohibition should be directed to the Norfolk Island National Park, Park Manager, Mr Nigel Greenup. The geographic scope of this legislation is confined to Phillip Island within the Norfolk Island National Park, under the Commonwealth jurisdiction.

Key Provisions

The Environment Protection and Biodiversity Conservation (Prohibition from Entering or Remaining on Phillip Island) Notice (No. 1) 2023, issued under subregulation 12.23(3) of the Environment Protection and Biodiversity Conservation Regulations 2000, establishes a prohibition on any person entering or remaining on Phillip Island within the Norfolk Island National Park during specific hours. This prohibition is in place from 0700 Norfolk Island Standard Time on Thursday 25 May 2023 to 1700 Norfolk Island Standard Time on Friday 26 May 2023 (the Relevant Time). The primary purpose of this prohibition is to protect roosting and nesting seabirds, including the Tarler Birds (Porphyrio melanotus), by controlling the number of these birds through the use of firearms. This measure is intended to ensure the preservation of the bird populations and their habitats during this critical period. Under the Notice, the prohibition applies to all persons entering or remaining on Phillip Island during the Relevant Time, unless they fall into a class of person exempt from this prohibition by operation of subregulation 12.06(1) of the Regulations. These exemptions are not specified within the Notice itself but would need to be referenced from the Regulations. The Notice is issued by Jody Swirepik, Director of National Parks, who has considered public safety in making this decision. Any questions or concerns regarding the prohibition can be directed to the Norfolk Island National Park Manager, Mr Nigel Greenup, whose contact details are provided. The Notice imposes specific obligations on individuals who may be affected by the prohibition. Any person found entering or remaining on Phillip Island during the Relevant Time without a valid exemption will be in breach of the Notice and may face civil or criminal consequences, depending on the nature and severity of the breach. The Notice clearly outlines the time frame and location of the prohibition, ensuring that affected parties are aware of their obligations under the law. Additionally, the Notice provides a point of contact for further information or clarification regarding the prohibition. Any breach of the prohibition outlined in the Notice may result in civil or criminal penalties. The specific penalties for such breaches are not detailed in the Notice but would be determined in accordance with the relevant provisions of the Environment Protection and Biodiversity Conservation Act 1999 and the Environment Protection and Biodiversity Conservation Regulations 2000. Civil penalties can include fines, while criminal penalties may include imprisonment. The Notice serves as an official warning of the potential legal consequences for non-compliance with the prohibition.