National Parks and Wildlife Regulations (Amendment)

Overview

The National Parks and Wildlife Regulations (Amendment) 2004, issued under the authority of the Minister of State for the Arts, Sport, the Environment, Tourism and Territories, addresses various concerns identified by the Senate Standing Committee on the Scrutiny of Bills regarding the National Parks and Wildlife Regulations. These concerns included the necessity for strict liability offences, reconsideration and review rights for individuals notified of a primary decision, and the need for identification cards for police officers acting as wardens. The amendments aim to provide a clearer legal framework for enforcement and public awareness, including making it mandatory for persons to apply for a permit to land fixed-wing and rotary-winged aircraft in parks or reserves and to include the common names of animal families and classes in Schedule 1 to enhance public understanding. The policy objective is to strengthen the regulatory environment while ensuring that strict liability remains in certain contexts, such as the carriage of firearms and the presence of dogs in parks where the Director has given consent.

Scope and Application

The National Parks and Wildlife Regulation (Amendment) Act applies to all individuals and entities within Australia who are subject to the National Parks and Wildlife Act, which includes the public, commercial operators, and visitors to national parks and wildlife reserves. The amendment affects a broad range of conduct and transactions, including the landing of aircraft, taking of animals or plants, damaging archaeological sites, and fishing in parks or reserves. The jurisdictional reach of the Act is national, as it applies across all states and territories in Australia. Certain exceptions to the offences are provided for in cases of emergency, where a reasonable excuse exists, or in the case of authorised activities such as the use of firearms and dogs in designated areas. The Act also mandates that individuals must apply for a permit to land aircraft in parks or reserves, and requires police officers acting as wardens to carry appropriate identification. Furthermore, the Act ensures that individuals are informed of their rights to internal review or appeal when notified of a decision. The common names of species in Schedule 1 have been included to enhance public understanding of the types of animals and plants protected by the Act. The application of the Act may be further defined or extended through subordinate instruments, which could include specific guidelines or further regulations.

Key Provisions

The National Parks and Wildlife Regulations (Amendment) provide several key amendments to existing regulations. Regulation 2 modifies Regulation 2B by inserting "except in an emergency" after "not" in subregulation (4). Regulation 3 amends Regulation 4 to establish that offences in parks and reserves will only arise if there is no reasonable excuse defence. Regulation 4 modifies Regulation 6 by inserting "except in an emergency" after "not" in sub-regulations (1), (1A), and (2). Regulation 5 amends Regulation 6A to require a person to apply to the Director for a permit to land fixed-winged or rotary-winged aircraft. Regulation 6 amends Regulation 7 by inserting "knowingly" after "not" in subregulation (5) to ensure that the offence of taking animals or plants into a park or reserve will only arise if there is no reasonable excuse defence. The Regulations impose several obligations and requirements on the parties and entities they govern. Persons must apply to the Director for a permit to land fixed-winged or rotary-winged aircraft (Regulation 5). They must also ensure that they have a reasonable excuse defence for certain offences, including taking animals or plants into a park or reserve, using roads or tracks designated for authorised persons only, entering areas of water in which a declaration is in force, taking fish from waters in a park or reserve, and defacing or damaging an archaeological site or removing an archaeological artefact from an archaeological site (Regulations 3, 6, 8, 9, 10, and 11). Police officers acting as wardens must provide written evidence of their membership in their police force when enforcing the Regulations (Regulation 12). Persons who are entitled to seek internal review of a decision, or who are obliged to seek a review before appealing to the Administrative Appeals Tribunal, must be advised of this right when being given notice of the decision (Regulation 13). The Regulations also outline potential offences, penalties, or civil/criminal consequences for breach. Offences that occur only where there is no reasonable excuse defence include taking animals or plants into a park or reserve, using roads or tracks designated for authorised persons only, entering areas of water in which a declaration is in force, taking fish from waters in a park or reserve, and defacing or damaging an archaeological site or removing an archaeological artefact from an archaeological site (Regulations 3, 6, 8, 9, 10, and 11). Commercial dealings, such as the sale or purchase of protected animals, will remain the subject of strict liability (Regulation 11). Failure to comply with the Regulations may result in fines and/or imprisonment, depending on the severity of the offence. The maximum penalties are not specified in the Explanatory Statement. However, the National Parks and Wildlife Act 1974 provides for penalties of up to $16,500 for individuals and $82,500 for bodies corporate for offences under the Act. The Regulations also facilitate public awareness of the nature of the species in Schedule 1 of the Principal Regulations by reflecting the common name of the families and classes of animals included in it (Regulation 14). This is intended to help the public understand the types of species that are protected under the Regulations. Overall, the Regulations aim to balance the need to protect national parks and wildlife with the need to provide reasonable excuse defences and review rights for persons affected by the Regulations.