Environment Protection and Biodiversity Conservation Act 1999
INCLUSION OF A PLACE IN THE NATIONAL HERITAGE LIST
LESUEUR 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 Dandragan; Shire of Coorow
Lesueur National Park:
An area of approximately 27,235 ha, Coorow-Green Head road, 3km east of Green Head, comprising the whole of the Lesueur National Park as gazetted on 24/1/1992.
| 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 Lesueur National Park contains an exceptional concentration of plant species richness and endemism. The Lesueur National Park is estimated to contain over 900 plant species. This includes nine plant taxa which are endemic to the National Park and 111 taxa which are endemic to the surrounding region. A further 81 plant taxa are at the northern or southern limit of their distribution, which is significant for the evolution of new species. 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 Lesueur National Park due to its unusually large range of geology, soil types and topography. This supports a diverse community of shrublands and heath, as well as woodlands occurring mainly along creek lines and in lower parts of the landscape. The National Park is one of the most important places in Australia for demonstrating species richness and endemism within the Proteaceae plant family, including the genera of Banksia, Hakea, Dryandra, Grevillea and Isopogon. The National Park contains outstanding species richness and endemism in several other plant families such as: the Fabaceae family, including the genera of Gastrolobium (poison pea), Daviesia (bitter pea) and Jacksonia (dogwood); the Myrtaceae family, including the genera of Verticordia (feather flower) and Melaleuca (paper bark); the Haemodoraceae family (bloodroots, conostyles and kangaroo paws); the Stylidiaceae family (triggerplants); and the Droseraceae family (sundews). |
(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 Lesueur National Park is one of the best places to demonstrate the extraordinary plant life of the region. It contains over 10 per cent of the plant species found in south-west Australia, including a high number of locally endemic plants. The Lesueur National Park is therefore one of the most important reserves for plant conservation in Australia. |
For more information on the place 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 (C2016G00600), enacted by the Parliament of Australia, aims to provide for the protection of the environment, particularly by recognising and preserving places of significant heritage value. The Act was introduced to address the need for a unified framework to protect both natural and cultural heritage sites across Australia, ensuring their preservation for future generations. On 4 May 2016, Greg Hunt, the Minister for the Environment, added Lesueur National Park to the National Heritage List under section 324JJ of the Act. This decision was based on the Australian Heritage Council's assessment of the park's outstanding heritage value to the nation due to its exceptional plant species richness and endemism, as well as its role in demonstrating the principal characteristics of a class of Australia's natural environments. The inclusion of Lesueur National Park in the National Heritage List underscores the government's commitment to conserving areas of significant biodiversity and natural heritage.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to various entities and individuals engaged in activities that may impact the environment, including Commonwealth and state governments, businesses, and individuals, by regulating actions that could affect listed threatened species, ecological communities, and heritage places. The Act has a national jurisdiction, extending its reach across Australia to protect biodiversity and manage environmental impacts. The inclusion of Lesueur National Park in the National Heritage List under this Act highlights its outstanding natural heritage values, particularly its exceptional plant species richness and endemism, which are critical for the evolution of new species and for maintaining the biodiversity of south-west Australia. This inclusion is pursuant to the assessment by the Australian Heritage Council and the Minister for the Environment, Greg Hunt, who determined that the Park meets the criteria for national heritage significance. The Act's application to this Park is comprehensive, aiming to protect its unique environmental attributes and ensure sustainable management practices are adhered to by all relevant parties.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) contains provisions that allow for the inclusion of places in the National Heritage List, as demonstrated by the recent inclusion of Lesueur National Park in Western Australia. Section 324JJ (2) of the EPBC Act provides the legal basis for the Minister for the Environment to include a place in the National Heritage List if satisfied that the place meets the National Heritage criteria. This was the process followed in this instance where Minister Greg Hunt included Lesueur National Park in the National Heritage List based on its outstanding natural heritage values (Section 324JJ).
The Act imposes specific obligations on the parties involved. For Lesueur National Park, these obligations include ensuring the protection and conservation of the park’s unique biodiversity and natural heritage values. The Act also mandates the Minister to consider the assessment by the Australian Heritage Council and any public comments before making a decision on the inclusion of a place in the National Heritage List. The Minister must be satisfied that the place meets the criteria set out in the Act.
Breaching the obligations set out in the EPBC Act can lead to serious consequences. Under section 528 of the EPBC Act, any person who contravenes a provision of the Act can be subject to civil or criminal penalties. The civil penalty for an individual can be up to $666,000 or three times the benefit obtained from the breach, whichever is the greater. For a body corporate, the penalty can be up to $3.3 million or three times the benefit obtained, whichever is the greater. Additionally, a person found guilty of an offence under the Act can be subject to imprisonment, with the maximum penalty varying depending on the specific offence committed. These stringent penalties are in place to ensure compliance with the Act and the protection of Australia’s natural heritage.