National Parks and Wildlife Regulations (Amendment) 1995 No. 374
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 374
Issued by the authority of the Minister for Environment, Sport and Territories
National Parks and Wildlife Conservation Act 1975
National Parks and Wildlife Regulations (Amendment)
Section 71 of the National Parks and Wildlife Conservation Act 1975 (the Act provides for the making of regulations by the GovernorGeneral. Under subsection 71 (1), regulations may be made prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.".
Part 3 of the Regulations-Wildlife Conservation-was applied to Christmas Island by Statutory Rules 1992 No. 319 to provide a modem legislative regime for nature conservation outside the Christmas Island National Park. All wildlife is protected under the Regulations except those that are declared unprotected by the Minister.
Existing paragraph 48(1)(a) of the Regulations provides that the Minister may declare that an animal is not a protected animal.
The purpose of the amending regulations is to extend the provisions of paragraph 48(1)(a) so that the Minister may also declare that an animal is not a protected animal in a specified place or under specified circumstances. The amendment to the Regulations provides the flexibility required to allow for partial 'unprotection' in a specified circumstance or in a specified place.
On 22 October 1992 the Minister made a declaration to, inter alia, partially unprotect the Robber Crab outside the National Park on Christmas Island. At the time the declaration was made the Regulations did not provide for the partial unprotection of animals and as such, that part of the declaration was not valid.
The amending regulations enable the Minister to make a new declaration to ensure the protection of the Robber Crab on the golf course in the Territory of Christmas Island, while maintaining the customary rights of residents to take the crab (for personal consumption) in areas which lie outside the golf course and the National Park. The wildlife in the Park is protected under Part 2 of the Regulations.
Paragraph 46(a)(ii) in the interpretation section which defines a protected animal is also amended, commensurate with the amendment of paragraph 48(1)(a).
Overview
The National Parks and Wildlife Regulations (Amendment) 1995 No. 374 was enacted to address the gap in the National Parks and Wildlife Conservation Act 1975, which previously did not allow for the partial unprotection of wildlife in specified circumstances or locations. This regulation was issued under the authority of the Minister for Environment, Sport and Territories, aiming to provide the necessary flexibility to protect wildlife in certain areas while allowing for controlled use in others. Specifically, the amendment enabled the Minister to declare that an animal could be partially unprotected in specified places or under specified circumstances, a provision that was previously not available under the Act. This was demonstrated by the Minister's declaration to partially unprotect the Robber Crab outside the National Park on Christmas Island, a measure that could not be legally enforced under the existing regulations. The amendment ensures that wildlife protection can be tailored to specific situations, balancing conservation needs with local practices.
Scope and Application
The National Parks and Wildlife Regulations (Amendment) 1995 No. 374 applies to the provisions of the National Parks and Wildlife Conservation Act 1975, particularly focusing on wildlife conservation outside the Christmas Island National Park. These Regulations amend the existing framework to allow for more flexible management of wildlife protection, specifically enabling the Minister to declare that certain animals are not protected in specified places or under certain circumstances. This legislative amendment allows for partial 'unprotection' of animals, which was previously not possible under the original Regulations. The amendment was necessitated by a prior declaration that partially unprotected the Robber Crab outside the National Park on Christmas Island, a declaration that was rendered invalid due to the lack of legal provisions for such partial unprotection. The new regulations ensure that the protection of the Robber Crab can be managed in a more nuanced manner, allowing for its protection on the golf course while permitting customary rights of residents to take the crab for personal consumption in other areas. This amendment extends the jurisdictional reach of the Regulations to provide more comprehensive and adaptable wildlife conservation measures on Christmas Island.
Key Provisions
The National Parks and Wildlife Regulations (Amendment) 1995 No. 374 amends the existing National Parks and Wildlife Regulations to introduce flexibility in the protection status of wildlife on Christmas Island. The primary operative section in this amendment is section 48(1)(a), which was previously limited to declaring animals as unprotected without any geographical or situational specificity. The amendment now allows the Minister to declare that an animal is not a protected animal in a specified place or under specified circumstances, providing a nuanced approach to wildlife management (s. 48(1)(a)). This allows for the partial unprotection of certain animals, which was previously not possible under the existing regulations.
Under the amended regulations, the Minister now has the authority to tailor protection measures to specific areas or conditions, thereby offering a more flexible conservation strategy. For example, the Minister can declare certain animals unprotected in specific areas while maintaining their protected status elsewhere. This amendment is particularly relevant for managing the Robber Crab on Christmas Island, allowing for its protection in certain areas such as golf courses while permitting its use in other areas by residents. This flexibility ensures that both conservation goals and community practices can be balanced effectively.
The amended regulations impose several obligations on the Minister and relevant authorities. The Minister must now consider the specific circumstances and locations when making declarations about the protection status of animals. This involves assessing the ecological impact, the needs of the local community, and the conservation objectives for the area in question. The authorities responsible for enforcing these regulations must also be aware of and comply with these nuanced declarations, ensuring that wildlife protection measures are applied correctly and consistently across different areas of Christmas Island.
Breach of these regulations can lead to various civil and criminal consequences. For instance, if a person knowingly takes a protected animal in a specified area where it has been declared unprotected, they could be subject to penalties. The specific penalties are not detailed in the explanatory statement but typically include fines and, in severe cases, imprisonment. The exact penalties would be determined by the courts based on the circumstances of the offence and any relevant precedents. The introduction of these regulations aims to provide a balanced approach to wildlife conservation while accommodating the needs of the local community.