Overview
The Environment Protection and Management (Amendment) Ordinance 1991 was enacted to make amendments to the Environment Protection and Management Ordinance 1987, aiming to address specific administrative and operational gaps in the environmental protection and management framework of the Territory of Heard Island and McDonald Islands. This amendment was introduced to enhance the efficiency and effectiveness of the environmental regulatory regime by allowing the Minister to delegate certain powers to the Director of the Antarctic Division of the Department. This delegation seeks to streamline administrative processes while ensuring that the stringent environmental protection standards are maintained. The Ordinance was made under the Heard Island and McDonald Islands Act 1953, reflecting the Australian Government's commitment to preserving the unique ecological environment of the territory.
The primary policy objective of this amendment is to improve the governance and enforcement mechanisms for environmental protection within the Territory, ensuring that the environmental integrity of Heard Island and McDonald Islands is upheld by empowering the appropriate authority to manage and administer the permit processes more effectively. The changes were implemented by the Governor-General, with the advice of the Federal Executive Council, to underscore the significance and authority of the legislative adjustments. This legislative action underscores the federal government's dedication to responsible environmental stewardship in Australian territories.
Scope and Application
The Environment Protection and Management (Amendment) Ordinance 1991 amends the Environment Protection and Management Ordinance 1987, which governs environmental protection and management in the Territory of Heard Island and McDonald Islands. This legislative instrument applies to the Minister responsible for the Territory, the Director of the Antarctic Division of the Department, and any person to whom powers are delegated under section 19A of the amended Ordinance. The amendment primarily affects the delegation of specific powers related to environmental permits and management, allowing the Minister to delegate certain authorities to the Director of the Antarctic Division. The jurisdictional reach of this Ordinance is limited to the Territory of Heard Island and McDonald Islands, reflecting its territorial specificity. While the Ordinance does not explicitly state exclusions or exemptions, the scope of the delegation of powers may implicitly exclude certain functions, such as the approval of application forms, which remain with the Minister. The Ordinance extends its application through subordinate instruments, as indicated by the power of delegation granted to the Minister.
Key Provisions
The Environment Protection and Management (Amendment) Ordinance 1991 makes significant changes to the Environment Protection and Management Ordinance 1987, particularly focusing on the delegation of powers to the Director of the Antarctic Division of the Department. The key provision (section 3) allows the Minister to delegate certain powers to the Director, as outlined in section 19A of the original Ordinance. Specifically, the Minister can delegate powers under section 15, except the power to approve a form of application for a permit, and under section 17(1) and section 19, to the Director of the Antarctic Division. This change aims to streamline decision-making and ensure more efficient management of environmental protection measures in the Territory of Heard Island and McDonald Islands.
The Act imposes specific obligations on the Minister and the Director of the Antarctic Division. The Minister, under the new section 19A, must ensure that any delegation of powers is done by a signed instrument and that the delegated powers are exercised appropriately and within the scope of the original Ordinance. The Director, upon receiving delegated powers, must adhere to the guidelines and conditions set forth by the Minister. These obligations are crucial to maintaining the integrity of the environmental protection measures and ensuring compliance with the legislative framework.
Breaches of the provisions of the Environment Protection and Management (Amendment) Ordinance 1991 can result in serious consequences. Although specific offences and penalties are not detailed in the provided text, the Ordinance likely incorporates general provisions from the original 1987 Ordinance, which may include fines or imprisonment for serious violations. The exact penalties would depend on the nature and severity of the breach, and could also include civil consequences such as compensation for environmental damage. The overarching intent is to enforce compliance and protect the unique environment of Heard Island and McDonald Islands.