Migratory Birds (Amendment) Ordinance 1988 (HIMI)

Overview

The Migratory Birds (Amendment) Ordinance 1988 was enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, under the Heard Island and McDonald Islands Act 1953. This legislative instrument aimed to address gaps and update provisions in the Migratory Birds Ordinance 1980, particularly in relation to the regulation of permits for the taking and purchase of migratory birds. The policy objective is to ensure compliance with international agreements for the protection of migratory birds, birds in danger of extinction, and their environment, as Australia is a party to these agreements. The ordinance includes amendments to definitions, permit provisions, and regulations to align with these international obligations, while repealing outdated schedules and replacing them with updated lists of migratory bird species.

Scope and Application

The Migratory Birds (Amendment) Ordinance 1988 amends the Migratory Birds Ordinance 1980, which pertains to the protection and regulation of migratory birds in the Territory of Heard Island and McDonald Islands. This legislative instrument applies to individuals and entities involved in activities related to migratory birds, such as taking, purchasing, or possessing these birds within the specified territory. It targets specific species listed in the amended Schedule 3, which includes various species of albatrosses, petrels, shearwaters, and other migratory birds. The scope of this legislation is geographically confined to the Territory of Heard Island and McDonald Islands, ensuring that the provisions are specifically tailored to the unique ecological context of this region. The Act does not explicitly state exclusions or exemptions, but it is implicit that activities not directly related to the listed migratory birds or those not conducted within the territory would not fall under its purview. Furthermore, the application and interpretation of this Act may be further refined through subordinate instruments, which can provide additional details and regulations to implement the legislative intent effectively.

Key Provisions

The Migratory Birds (Amendment) Ordinance 1988 (section 1) modifies the Migratory Birds Ordinance 1980 by amending various sections. Firstly, section 3 redefines the term "Agreement" by removing it from subsection (1) and omitting subsection (2). Secondly, section 4 removes the requirement that permits to take birds must be for a purpose consistent with the Agreement, by omitting paragraph (5)(e). Similarly, section 10 removes the requirement that permits for the purchase of birds must be for a purpose consistent with the Agreement by omitting paragraph (5)(d). Lastly, section 25 modifies the conditions under which permits may be issued, replacing the phrase "that is not consistent with the Agreement" with "unless the Minister considers that that purpose is consistent with international agreements relating to the protection of migratory birds, birds in danger of extinction and their environment, as in force from time to time, to which Australia is a party" in subsection (2). The Migratory Birds (Amendment) Ordinance 1988 imposes obligations on parties or entities it governs. These obligations include complying with the amended sections, which require the removal of certain conditions and criteria from permits to take or purchase migratory birds. The Ordinance also mandates that any permits issued must be for purposes consistent with international agreements relating to the protection of migratory birds, birds in danger of extinction, and their environment, to which Australia is a party. This ensures that activities involving migratory birds are conducted in a manner that aligns with international conservation efforts and agreements. The Migratory Birds (Amendment) Ordinance 1988 does not explicitly state specific offences, penalties, or consequences for breach. However, it is reasonable to infer that any breaches of the amended sections, such as issuing permits for purposes inconsistent with international agreements, could lead to legal consequences under the broader Migratory Birds Ordinance 1980 or other relevant legislation. The penalties for such breaches could include fines, imprisonment, or both, depending on the severity of the offence and the discretion of the court. It is essential for parties and entities governed by the Ordinance to ensure compliance to avoid potential legal repercussions.