Migratory Birds (Repeal) Ordinance 2002 (Coral Sea Islands)

Overview

The Migratory Birds (Repeal) Ordinance 2002 was enacted to repeal outdated migratory bird-related regulations under the Coral Sea Islands Act 1969. This legislative instrument was created by Peter John Hollingworth, the Governor-General of the Commonwealth of Australia, on 2 May 2002, with the advice of the Federal Executive Council. The Ordinance repeals the Migratory Birds Ordinance 1980, the Migratory Birds Ordinance 1985, and the Migratory Birds Ordinance 1988, with the intent of updating and streamlining the legal framework governing migratory birds in the Coral Sea Islands Territory. The policy objective of this repeal is to ensure that the laws remain current and effective in protecting migratory bird species within the Territory.

Scope and Application

The Migratory Birds (Repeal) Ordinance 2002 applies to the Coral Sea Islands Territory and pertains to the repeal of the Migratory Birds Ordinance 1980, as well as subsequent amendments made in 1985 and 1988. This legislation operates within the jurisdictional reach of the Commonwealth of Australia, specifically under the authority granted by the Coral Sea Islands Act 1969. The repeal of these previous ordinances likely affects regulations and legal frameworks governing the protection and management of migratory birds within the Coral Sea Islands Territory, thereby removing outdated or superseded provisions to streamline and modernise the legal structure. There are no explicit exclusions, exemptions, or thresholds mentioned in the text of the Ordinance itself, though the application and implications of this repeal may be further defined through subordinate instruments or subsequent legislation.

Key Provisions

The Migratory Birds (Repeal) Ordinance 2002 (section 1) serves to repeal the Migratory Birds Ordinance 1980, marking a significant change in the legislative framework governing migratory birds within the Coral Sea Islands Territory. Section 2 of the Ordinance specifies that it comes into effect immediately upon gazettal, meaning that the repeal takes effect as soon as the Ordinance is published in the Commonwealth of Australia Gazette. The key change is the repeal of three previous Ordinances: No. 1 of 1980, No. 2 of 1985, and No. 1 of 1988 (section 3). These repealed Ordinances, which previously regulated aspects of migratory birds within the territory, are no longer in force as of the commencement of the Repeal Ordinance. The repealed Ordinances imposed various obligations and requirements related to the protection, management, and control of migratory birds in the Coral Sea Islands Territory. These obligations included measures to protect migratory bird species, regulate their hunting and capture, and establish management protocols for their conservation. While these specific obligations are no longer in effect, the repeal implies that any new legislation or regulations will need to be enacted to govern the treatment of migratory birds within the territory. This shift necessitates careful consideration to ensure that appropriate protections and management strategies are established to maintain ecological balance. In terms of legal consequences, the repealed Ordinances had associated penalties for non-compliance with their provisions. While the new Repeal Ordinance does not explicitly outline penalties, it is likely that any future legislation enacted to replace the repealed Ordinances will include similar or updated provisions for offences and penalties. Non-compliance with regulations governing migratory birds can result in both civil and criminal penalties, including fines and potential imprisonment, depending on the severity of the offence and the specific provisions of the new legislation. It is essential for parties or entities involved in activities related to migratory birds within the Coral Sea Islands Territory to be aware of any new requirements and ensure compliance to avoid legal repercussions.