Overview

The Director of National Parks has used the powers granted under the Environment Protection and Biodiversity Conservation Regulations 2000 to enact a temporary prohibition on certain activities within the Kakadu National Park, effective from May 2021. This prohibition, authorised by subregulations 12.23A(3), 12.42(1) and 12.55(4) of the Regulations, is aimed at protecting Aboriginal cultural heritage and practices in specific areas of the park. The prohibition includes the banning of activities in the Merl Campground and the use of certain roads and tracks such as Ubirr Road and several walking trails. The regulation acknowledges exemptions for certain classes of individuals as stipulated in subregulations 12.06(1) and 12.23(2) of the Regulations. The prohibition is set to remain in effect until 11:59pm CEST on 13 June 2021, providing a defined period during which these measures will be in place to safeguard the cultural significance of the area.

Scope and Application

The Director of National Parks, acting under the authority of the Environment Protection and Biodiversity Conservation Regulations 2000, has issued a prohibition on certain activities and use of roads and tracks within the Kakadu National Park to respect and protect Aboriginal cultural purposes. This prohibition applies to all persons and encompasses a ban on activities in the Merl Campground as well as the use of specific roads and tracks, including Ubirr Road, the Bardedjilidji walk, the Badbong Wodjmeng sandstone river walk, and the Manngarre rainforest walk. This prohibition is intended to ensure the preservation and sanctity of the cultural heritage sites within the park, and it operates under the specified subregulations of the Regulations. The prohibition applies nationally within the Commonwealth jurisdiction, affecting all individuals and entities found within the designated areas of the park. Certain individuals may be exempt from this prohibition as outlined in subregulations 12.06(1) and 12.23(2) of the Regulations, but this is not explicitly detailed in the text provided. The prohibition is in effect from the later of the date it takes effect under law or the expiration of the prohibition instrument dated 23 April 2021, and it will remain in place until 11:59pm CEST on 13 June 2021.

Key Provisions

The primary operative sections of this legislation pertain to the prohibition of activities and the use of certain roads and tracks within the Kakadu National Park. Specifically, subregulations 12.23A(3), 12.42(1), and 12.55(4) of the Environment Protection and Biodiversity Conservation Regulations 2000 impose restrictions on activities in the Merl Campground, as well as the use of Ubirr Road, the Bardedjilidji walk, the Badbong Wodjmeng sandstone river walk, and the Manngarre rainforest walk. This prohibition is in effect to protect Aboriginal cultural sites and practices within the Park. The prohibition on activities and road use is intended to safeguard these areas for their cultural significance, ensuring that they remain undisturbed and preserved. The Act imposes specific obligations on all persons within the park to comply with the prohibitions outlined. This includes refraining from engaging in any activities in the Merl Campground and avoiding the use of the specified roads and tracks for all vehicles, walking, and riding. These obligations are designed to ensure that the cultural integrity and natural environment of the Park are maintained and respected. By prohibiting certain activities and access to specific areas, the legislation aims to protect the cultural heritage and ecological integrity of the Park. The legislation also outlines the consequences for breaches of these prohibitions. While the specific penalties are not detailed in the provided text, breaches of the Environment Protection and Biodiversity Conservation Regulations 2000 can typically result in both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can include imprisonment, depending on the severity of the breach and the discretion of the court. The exact penalties would be determined by the relevant authorities in accordance with the broader legislative framework. It is important for individuals and entities subject to these regulations to be fully aware of their obligations to avoid any potential legal consequences.