Environment Protection and Biodiversity Conservation Regulations 2000 - Subregulation 12.23(3) - Prohibition on Entering or Remaining on Phillip Island, Norfolk Island National Park

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000, enacted by the Parliament of Australia, aim to provide comprehensive protection for Australia's biodiversity and its environment. This legislative instrument was introduced to fill a gap in environmental governance, ensuring that significant impacts on the environment, including flora, fauna, ecological communities, and heritage values, are assessed and managed effectively. The policy objective is to prevent, mitigate, or offset the adverse impacts of proposed activities that may harm the environment, particularly those actions that could lead to the extinction of species or the degradation of ecosystems. The specific regulation in question, Subregulation 12.23(3), empowers authorised officers to prohibit entry or remain on designated areas, such as Phillip Island within the Norfolk Island National Park, when it is deemed necessary to protect public safety. In this instance, the Assistant Secretary of the Marine and Island Parks Branch has exercised this power to prohibit access to Phillip Island from 11:59 pm on 12 April 2021 to 11:59 pm on 22 April 2021, reflecting the stringent measures taken to safeguard both the environment and public welfare.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, specifically under subregulation 12.23(3), applies to all persons by prohibiting entry to or remaining on Phillip Island within the Norfolk Island National Park from 11:59pm on 12th April 2021 to 11:59pm on 22nd April 2021. This prohibition was issued by Barbara Musso, the Assistant Secretary of the Marine and Island Parks Branch of the Department of Agriculture, Water and the Environment, on behalf of the Director of National Parks, based on a determination that access to this area might endanger public safety. The jurisdictional reach of this prohibition is national, given the regulatory basis under the Commonwealth's Environment Protection and Biodiversity Conservation Act 1999. The prohibition is strictly temporal and geographic, focusing solely on Phillip Island within the Norfolk Island National Park during the specified period. No exclusions, exemptions, or thresholds are mentioned in this particular prohibition, which means it applies universally to all individuals within the stipulated timeframe and location. The application of such regulatory measures may be further detailed or modified through subordinate instruments issued under the Act, although this specific notice does not extend beyond its immediate terms and conditions.

Key Provisions

The primary operative section of the Environment Protection and Biodiversity Conservation Regulations 2000, subregulation 12.23(3), provides the legal basis for prohibiting access to Phillip Island in Norfolk Island National Park from 11:59pm on 12th April 2021 to 11:59pm on 22nd April 2021. This prohibition is enacted due to concerns over public safety. The regulation specifies that no person is permitted to enter or remain on Phillip Island during this period, effectively barring any human presence on the island for the duration of the ban. Under this regulation, the obligations imposed on the public are clear: no individual, regardless of their reason for wanting to access Phillip Island, is allowed to enter or remain on the island during the specified timeframe. This prohibition extends to all persons, including residents, tourists, and other visitors, ensuring that no one can ignore the regulation without facing legal consequences. It is the responsibility of the public to adhere to this directive to ensure compliance with the law. Breaching this prohibition can result in serious legal consequences. Those found entering or remaining on Phillip Island in violation of this regulation may face criminal charges. The specific offences, penalties, or consequences are not detailed in the text provided, but typically, breaches of environmental protection laws can result in significant fines and potential imprisonment under Australian law. The maximum penalties can vary based on the severity of the breach and the jurisdiction's specific regulations, but they are designed to ensure strict compliance with environmental protection directives.