Environment Protection - (Temporary Prohibition on Entering and Remaining on Phillip Island, Norfolk Island National Park) Notice 2022

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to provide a framework for the protection of the environment and biodiversity in Australia, addressing the need for comprehensive regulations to safeguard natural resources and ecosystems. The Regulations were introduced by the Parliament of Australia, aiming to implement the provisions of the Environment Protection and Biodiversity Conservation Act 1999. The policy objective of these regulations is to ensure the protection of matters of national environmental significance by providing detailed mechanisms for the assessment and approval of actions that may impact the environment. In light of this legislative framework, a temporary prohibition on entering and remaining on Phillip Island within the Norfolk Island National Park was issued under sub regulation 12.23(3) of the Environment Protection and Biodiversity Conservation Regulations 2000. This prohibition was enacted to protect roosting and nesting seabirds, specifically targeting the management of the Tarler Bird (Porphyrio melanotus) population on Phillip Island during a specified period. The use of firearms to control the bird population and the restriction on public access to the island are measures aimed at preserving the ecological balance and ensuring the safety of both the birds and the public. Certain exemptions apply to specific classes of persons as per subregulation 12.06(1) of the Regulations. Further inquiries regarding this prohibition can be directed to the Norfolk Island National Park Manager, Mr Nigel Greenup.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, specifically sub regulation 12.23(3), applies to the prohibition of all persons entering or remaining on Phillip Island within the Norfolk Island National Park during specified hours to safeguard the roosting and nesting seabirds. This prohibition, enacted by Jody Swirepik, the Director of National Parks, is in place from 0700 Norfolk Island Standard Time on Monday 18 July 2022 to 1700 Norfolk Island Standard Time on Friday 22 July 2022. The regulation aims to protect the seabirds, particularly the Tarler Birds (Porphyrio melanotus), through the use of firearms to manage their population on Phillip Island. The scope of this regulation covers any individual or entity present on Phillip Island during the specified timeframe unless they fall under certain exemptions as outlined in subregulation 12.06(1) of the Regulations. The jurisdictional reach of this prohibition is limited to Phillip Island within the Norfolk Island National Park, which is under the purview of the Commonwealth. For further information or queries, the public can contact the Norfolk Island National Park Manager, Mr Nigel Greenup.

Key Provisions

The primary provision of Notice 2022, as stipulated in subregulation 12.23(3) of the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations), is a temporary prohibition on entering or remaining on Phillip Island within the Norfolk Island National Park during the specified time frame (subregulation 12.23(3)). This prohibition is enforced to safeguard roosting and nesting seabirds, specifically targeting the control of the Tarler Bird (Porphyrio melanotus) population on Phillip Island during the Relevant Time, which runs from 0700 (Norfolk Island Standard Time) on Monday, 18 July 2022, to 1700 (Norfolk Island Standard Time) on Friday, 22 July 2022. Firearms will be utilised to manage the bird population during this period. Notably, certain individuals may be exempt from this prohibition under subregulation 12.06(1) of the Regulations. The obligations imposed by this notice are clear and direct. All individuals, unless exempt, are prohibited from entering or remaining on Phillip Island within the Norfolk Island National Park during the Relevant Time. This prohibition is in place to ensure the safety and protection of the seabirds, particularly the Tarler Bird, during their critical roosting and nesting periods. Compliance with these regulations is mandatory for all individuals during the specified timeframe. Failure to comply with the prohibition outlined in this notice may result in legal consequences. While the notice does not explicitly state the specific penalties for breach, under the Environment Protection and Biodiversity Conservation Act 1999, breaches of the Regulations can result in substantial penalties. Civil penalties can include fines of up to $66,000 for individuals and up to $330,000 for bodies corporate, while criminal penalties can include fines of up to $660,000 for individuals and up to $3.3 million for bodies corporate, along with potential imprisonment. These penalties underscore the seriousness of non-compliance and the importance of adhering to the provisions of the notice to protect the environment and comply with the law.