Migratory Birds (Amendment) Ordinance 1985 (AAT)

Overview

The Migratory Birds (Amendment) Ordinance 1985 was enacted to address the need for updated regulations concerning migratory birds in the Australian Antarctic Territory. This legislative instrument was made under the Australian Antarctic Territory Act 1954 by the Governor-General, acting with the advice of the Federal Executive Council, and it amends the Migratory Birds Ordinance 1980. The primary objective of this ordinance is to provide a comprehensive list of bird species that are in danger of extinction, thus ensuring their protection within the Australian Antarctic Territory. The revised schedule includes a detailed list of birds categorised by their common and scientific names, reflecting the updated status of species at risk. This amendment aims to enhance conservation efforts and align the legislation with current ecological understanding and conservation priorities.

Scope and Application

The Migratory Birds (Amendment) Ordinance 1985 amends the Migratory Birds Ordinance 1980, applying specifically within the Australian Antarctic Territory. This legislation pertains to migratory birds, particularly those listed in Schedule 2 as species in danger of extinction, and it is intended to provide stringent protections to these species. The ordinance applies to all persons and entities within the Australian Antarctic Territory, including Australian citizens, residents, and foreign nationals, as well as corporate entities operating in the region. The geographic reach of this ordinance is confined to the Australian Antarctic Territory, thereby limiting its application to activities and conduct occurring within this defined area. While the ordinance itself does not explicitly state exclusions, exemptions, or thresholds, the application of the law might be influenced by other relevant environmental and wildlife protection regulations within the Australian Antarctic Territory. Additionally, subordinate instruments could further define or restrict the application of this ordinance.

Key Provisions

The Migratory Birds (Amendment) Ordinance 1985 (section 2) primarily serves to update the Schedule 2 of the Migratory Birds Ordinance 1980 by repealing the existing list of birds in danger of extinction and substituting it with a new list. This updated schedule includes a range of bird species identified by their common and scientific names, detailing those species that are in danger of extinction (section 3). These species are categorised based on their common names and corresponding scientific names or subspecies, indicating the specific birds that are now protected under this legislation. The obligations imposed by this Ordinance on the parties or entities it governs primarily focus on the protection and conservation of the listed species. This includes prohibiting certain activities that might harm these endangered birds, such as hunting, capturing, or disturbing them in their natural habitats within the Australian Antarctic Territory. Entities and individuals must adhere to these regulations to ensure the preservation of these species, which are identified as being at risk of extinction. Breach of the provisions of this Ordinance can lead to serious consequences. Specifically, individuals or entities found in violation of the protections afforded to these endangered species may face offences that could result in criminal charges. The penalties for these offences can include substantial fines, with the exact amount not specified in the text provided but typically reflecting the severity of the violation. Additionally, such breaches can also lead to civil liabilities where the harmed party may seek compensation for the damages caused by the violation of the Ordinance's protections.