Environment Protection and Management (Amendment) Ordinance 1990 (HIMI)

Overview

The Environment Protection and Management (Amendment) Ordinance 1990 was enacted by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, under the Heard Island and McDonald Islands Act 1953. This Ordinance amends the Environment Protection and Management Ordinance 1987 to address issues related to environmental protection and management of the Territory of Heard Island and McDonald Islands. The policy objective is to provide stricter regulations and penalties for unauthorised entry into the Territory and to strengthen the enforcement of environmental protection measures, including the modification of permit conditions and the delegation of powers to the Minister. The Ordinance introduces changes such as updating the definition of certain terms, modifying the penalties for unauthorised entry into the Territory, altering the conditions under which permits can be issued, and enhancing the means of serving notices to applicants and permit holders. It also introduces provisions for the delegation of powers to the Minister, ensuring that the management and enforcement of the Ordinance can be efficiently carried out. The amendments aim to improve the effectiveness of environmental protection and management practices in the Territory of Heard Island and McDonald Islands.

Scope and Application

The Environment Protection and Management (Amendment) Ordinance 1990 applies to individuals and corporate entities who seek to enter or conduct activities within the Territory of Heard Island and McDonald Islands, thereby extending its jurisdictional reach to these specific Antarctic territories under the Heard Island and McDonald Islands Act 1953. The Ordinance amends the Environment Protection and Management Ordinance 1987 to impose stricter penalties for unauthorised entry into the Territory and for committing prohibited acts without a permit. It specifies that a person, whether natural or corporate, who knowingly or recklessly enters the Territory without authorisation or a permit is subject to significant fines and potential imprisonment. The Ordinance also modifies permit conditions and procedures, including the issuance and delegation of permits, the identification and authority of inspectors, and the process for notifying applicants and permit holders of decisions related to permits. The scope of the legislation is further clarified by the exclusion of certain acts if done to avoid imminent threats to human life or property, or if carried out in accordance with a permit issued under relevant Ordinances.

Key Provisions

The Environment Protection and Management (Amendment) Ordinance 1990 introduces several amendments to the Environment Protection and Management Ordinance 1987. Section 3 of the amendment Ordinance redefines the terms “vehicle” and “vessel” in the Principal Ordinance to exclude "air-cushion vehicles" and include "hovercraft" instead. This change aims to ensure that the definitions are more precise and relevant to the current context. Section 5 modifies the timeframe for the implementation of Management Plans, requiring that they be put into effect less than one month after the publication of the relevant notice. Section 6 repeals the previous restriction on accessing the Territory and replaces it with a new provision stating that knowingly or recklessly entering the Territory is an offence. It also specifies permissible circumstances under which entry is allowed, such as during an emergency or while performing duties as an inspector. Section 7 amends the prohibition on introducing diseased organisms or live poultry into the Territory to require that such actions be done knowingly or recklessly. The obligations imposed by the Ordinance include obtaining permits for entry into the Territory, unless it is during an emergency or while performing duties as an inspector. Section 8 ensures that actions taken to avoid loss of human life, injury, or risk to safety are not considered offences if done knowingly or recklessly. Section 12A allows the Minister to delegate certain powers to others, except for the power to approve permit application forms. Section 13 mandates that inspectors carry identity cards bearing a photograph and a statement, instead of certificates. Section 14 ensures that decisions are communicated to the relevant parties within 28 days, specifying various methods of service, including personal delivery, post, and electronic means if the recipient is not present in a State or internal Territory. The Ordinance also outlines consequences for breaches. Section 12 imposes fines and/or imprisonment for knowingly or recklessly entering the Territory. Section 14 specifies that knowingly or recklessly performing prohibited acts within the Territory is an offence, except in cases where the act was necessary to avoid loss of human life or injury or was done under a permit. Section 18 further stipulates that knowingly or recklessly contravening permit conditions is an offence. Additionally, Section 9 limits permit fees to a maximum of $50, and failure to adhere to this could result in administrative penalties. These provisions collectively aim to enforce stricter environmental protection and management within the Territory.