Environment Protection and Biodiversity Conservation Act 1999
INCLUSION OF A PLACE IN THE NATIONAL HERITAGE LIST
FITZGERALD RIVER NATIONAL PARK
I, Greg Hunt, Minister for the Environment, having considered in relation to the place described in the Schedule of this instrument:
(a) the Australian Heritage Council's assessment whether the place meets any of the National Heritage criteria; and
(b) the comments relating to the place given to the Council under sections 324JG and 324JH of the Environment Protection and Biodiversity Conservation Act 1999; and
being satisfied that the place described in the Schedule has the National Heritage values specified in the Schedule, pursuant to section 324JJ of the Environment Protection and Biodiversity Conservation Act 1999, include the place and its National Heritage values in the National Heritage List.
Dated 4 May 2016
[signed]
Greg Hunt
Minister for the Environment
SCHEDULE
STATE / TERRITORY
Local Government
Name
Location / Boundary
Criteria / Values
WESTERN AUSTRALIA
Shire of Jerramangup; Shire of Ravensthorpe
Fitzgerald River National Park:
An area of approximately 29,7244ha, south of the South Coast Highway between Jerramungup, Ravensthorpe, Hopetoun and Bremer Bay, comprising the whole of the Fitzgerald River National Park as gazetted on 19/1/1973.
| Criterion | Values |
(a) | the place has outstanding heritage value to the nation because of the place's importance in the course, or pattern, of Australia's natural or cultural history. | The Fitzgerald River National Park contains an exceptional concentration of plant species richness and endemism. The Fitzgerald River National Park has approximately 1,748 plant species, of which 75 are endemic to the National Park and around 250 are considered rare or geographically restricted. The highly weathered soils of the region have driven high rates of speciation and local endemism, as plants have evolved different strategies to acquire and use available nutrients. Plant species richness and endemism is particularly high in the Fitzgerald River National Park due to its wide range of landforms, geology and soil types. This supports a diverse community of shrublands and heath, often dominated by eucalypt mallee species. Woodlands occur mainly along rivers and in swamps. While endemic and rare plant species occur throughout the National Park, there is a particularly high concentration of these species in the rugged quartzite ranges, known as the Barren Ranges. The Fitzgerald River National Park is one of the most important places in Australia for demonstrating species richness and endemism in several plant families and genera including: the Myrtaceae family, including the genera of Eucalyptus, Melaleuca (paper barks) and Verticordia (feather flowers); the Fabaceae family, including the genera of Acacia (wattles), Gastrolobium (poison peas) and Daviesia (bitter peas); the Proteaceae family, including the genera of Banksia, Hakea and Grevillea; and the Ericaceae family, including the Leucopogon (beard heath) genus. The National Park also contains outstanding species richness and endemism in the plant families of Epacridaceae (southern heaths); Thymelaeaceae (pimeleas); and Rutaceae (e.g. boronia, correa). |
(d) | the place has outstanding heritage value to the nation because of the place's importance in demonstrating the principal characteristics of: (i) a class of Australia's natural or cultural places; or (ii) a class of Australia's natural or cultural environments. | South-west Australia is one of 35 internationally recognised 'hotspots' for biodiversity, containing high levels of plant species richness and endemism. The Fitzgerald River National Park is one of the best places to demonstrate the extraordinary plant life of the region. It contains over one-quarter of the plant species found in south-west Australia, including a high number of endemic and geographically restricted plants. The Fitzgerald River National Park is therefore one of the most important reserves for plant conservation in Australia. |
For more information search the Australian Heritage Database at http://www.environment.gov.au/cgi-bin/ahdb/search.pl using the name of the place.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, especially matters of national environmental significance, and to establish a framework for the assessment and approval of actions that may have a significant impact on the environment. This Act was introduced to address the need for a comprehensive approach to environmental protection that encompasses both natural and cultural heritage, recognising their importance to the nation. The Act was passed by the Parliament of Australia and aims to integrate environmental considerations into decision-making processes at all levels of government. The inclusion of Fitzgerald River National Park in the National Heritage List under this Act recognises its outstanding natural heritage values, including its exceptional plant species richness and endemism, thereby providing a legal framework for its protection and conservation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to a wide range of entities and activities that have potential impacts on matters of national environmental significance. This Act, under the purview of the Minister for the Environment, enables the inclusion of places in the National Heritage List if they meet specific criteria of national heritage value. In this instance, the Fitzgerald River National Park in Western Australia has been included in the National Heritage List due to its outstanding natural heritage value, which is evidenced by its exceptional plant species richness and endemism. The Act applies to the whole of the Fitzgerald River National Park, covering approximately 29,724 hectares within the Shire of Jerramungup and the Shire of Ravensthorpe, and recognises the area's significance in Australia's natural history and its demonstration of principal characteristics of Australia's natural environments. The Act’s application is extended through subordinate instruments to ensure comprehensive protection and management of the heritage values identified.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) has been used to include Fitzgerald River National Park in the National Heritage List. Under section 324JJ of the Act, the Minister for the Environment, having assessed the Australian Heritage Council's evaluation of the place's National Heritage criteria and considered relevant comments, has determined that Fitzgerald River National Park meets the criteria and thus included it in the National Heritage List. The inclusion recognises the park's outstanding heritage values, particularly its exceptional plant species richness and endemism, and its importance in demonstrating principal characteristics of a class of Australia's natural places.
The Act imposes specific obligations on parties and entities governed by it, particularly concerning the management and conservation of the National Heritage-listed areas. For the Fitzgerald River National Park, these obligations include ensuring that activities within the park are managed in a way that preserves its outstanding heritage values. This means that any actions or developments within the park must be assessed for their potential impact on the park's unique biodiversity and heritage values. The Act requires that such assessments be conducted in accordance with relevant environmental impact assessment processes and that any significant adverse impacts be mitigated.
Failure to comply with the obligations imposed by the Act can lead to significant penalties and legal consequences. Under the Act, breaches of the National Heritage provisions can result in both civil and criminal penalties. For example, civil penalties for contravening the Act can include fines of up to $666,000 for individuals and $3.33 million for corporations, as stipulated under section 666A. In addition to financial penalties, criminal penalties can also be imposed, which may include imprisonment for up to five years for individuals and higher fines for corporations. These penalties underscore the seriousness with which the Act treats the protection and conservation of Australia's National Heritage places.