Environment Protection and Biodiversity Conservation Act 1999
Notice under subsection 368(2)
INDIAN OCEAN TERRITORIES (NOTICE INVITING COMMENTS ON A PROPOSAL TO PREPARE TWO DRAFT MANAGEMENT PLANS) 2023
This instrument revokes the Notice Inviting Comments on a Proposal to Prepare Two Draft Management Plans (F2023N00181).
This instrument is to let interested parties know that the Director of National Parks proposes to prepare a draft of the first Christmas Island Marine Park Management Plan and the first Cocos (Keeling) Islands Marine Park Management Plan. The Director now invites members of the public to make suggestions about the content of these draft management plans. Comments must clearly identify the marine park which is the subject of the comments. If comments are intended to apply to both marine parks, this must be clearly expressed.
Comments should be submitted to the Department of Climate Change, Energy, the Environment and Water’s Consultation Hub at: https://consult.dcceew.gov.au/ no later than 3.30 AM AEST, 17 August 2023. Anyone unable to use the portal may send their comments to IOTmarineparksNOI@dcceew.gov.au. Comments submitted after the indicated date or via other means may not be considered in the preparation of the draft management plans.
All comments will be treated as public documents and may be published on both the Director of National Parks website and the Department of Climate Change, Energy, the Environment and Water website.
All comments and personal information will be managed in accordance with the privacy policy applicable to the Director of National Parks which is available at https://www.dcceew.gov.au/parks-heritage/national-parks/parks-australia/privacy-policy. Your personal information may be disclosed to the Minister, relevant government agencies and where required by law.
Comments will inform the preparation of draft management plans for Christmas Island Marine Park and Cocos (Keeling) Islands Marine Park. The draft management plans will be made available for comment in accordance with subsection 368(5) of the EPBC Act before they are finalised. Once finalised, the plans will guide management of the two marine parks for a period of 10 years.
More information about the management plan development process and general information about Christmas Island Marine Park and Cocos (Keeling) Islands Marine Park is available at https://parksaustralia.gov.au/marine/parks/indian-ocean-territories/. For further information or if you have a question, please email iotmarineparks@dcceew.gov.au.
[signed]
Jason Mundy
Division Head
On behalf of the Director of National Parks
04/07/2023
Overview
The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Parliament of Australia, aims to protect and manage Australia's environment and its biodiversity, both within and outside Australian territory. The legislation was introduced to address the need for a comprehensive approach to environmental protection, including the management of marine parks. The Indian Ocean Territories (Notice Inviting Comments on a Proposal to Prepare Two Draft Management Plans) 2023 notifies the public of the Director of National Parks' proposal to develop draft management plans for the Christmas Island Marine Park and the Cocos (Keeling) Islands Marine Park. The notice invites public comments on the draft plans, aiming to incorporate community input into the management frameworks, which will ultimately guide the parks' management over a ten-year period.
Scope and Application
The notice under the Environment Protection and Biodiversity Conservation Act 1999, concerning the Indian Ocean Territories, invites public comments on the proposed preparation of draft management plans for the Christmas Island Marine Park and the Cocos (Keeling) Islands Marine Park. This notice applies to any person or entity interested in the content and future management of these marine parks, inviting their input on the draft plans. The geographic reach of this notice is limited to the Indian Ocean Territories, specifically these two marine parks. It does not extend to other marine parks or territories outside these specified areas. The notice sets a clear deadline for comment submission, and any comments received after this deadline may not be considered. Additionally, the notice specifies that comments will be treated as public documents and may be published on relevant government websites, with personal information managed according to the privacy policy of the Director of National Parks. This notice does not specify any exclusions, exemptions, or thresholds, but it does clarify that the management plans, once finalised, will guide the management of the two marine parks for a period of ten years.
Key Provisions
The key operative sections of the legislation (F2023N00201) are primarily concerned with inviting public comments on the proposed draft management plans for the Christmas Island Marine Park and Cocos (Keeling) Islands Marine Park. The Director of National Parks under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is proposing to prepare these management plans and seeks public input on their content (ss. 368(2) and 368(5)). Public comments are invited to be submitted via a dedicated consultation portal or email by a specified deadline (s. 368(2)). All submissions will be treated as public documents and will be managed in accordance with the privacy policy of the Director of National Parks (s. 368(2)). These comments will be considered in the drafting process of the management plans, which will subsequently be made available for further public comment before finalisation (s. 368(5)).
The legislation imposes specific obligations on interested parties who wish to provide comments. Firstly, comments must clearly identify the marine park they pertain to, whether it be Christmas Island, Cocos (Keeling) Islands, or both. Secondly, submissions must be made via the specified online portal or email by the deadline of 3.30 AM AEST on 17 August 2023, as comments received after this time may not be considered (s. 368(2)). Additionally, the Act stipulates that all submitted comments and personal information will be treated as public documents and may be published on relevant government websites (s. 368(2)). The privacy policy applicable to the Director of National Parks, detailing how personal information will be managed and potentially disclosed, is available online (s. 368(2)).
There are no explicit offences, penalties, or consequences for breach outlined in the notice itself. However, failure to adhere to the specified submission guidelines, such as missing the deadline or not clearly identifying the relevant marine park, may result in the comments not being considered in the drafting of the management plans. This could indirectly impact the final management plans if critical feedback is omitted due to non-compliance with the notice requirements. Furthermore, the public nature of the comments means that any misinformation or misleading statements could potentially affect public perception and the efficacy of the management plans.