EXPLANATORY STATEMENT
Norfolk Island National Park and Norfolk Island Botanic Garden 2018-2028
Overview of the Legislative Instrument
The Director of National Parks prepares management plans for Commonwealth reserves in accordance with Section 368 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The purpose of this management plan is to describe the philosophy and direction of management for Norfolk Island National Park and Norfolk Island Botanic Garden for the next 10 years in accordance with the EPBC Act. The plan enables management to proceed in an orderly way, helps to reconcile competing interests, and identifies priorities for the allocation of available resources.
The management plan and botanic garden is an enabling document. It allows management activities to occur that would otherwise be restricted under EPBC legislation, and enables certain management, recreational and commercial activities to occur.
The third management plan for the park and botanic garden ceased to have effect on the 12 February 2018. Since that time Norfolk Island National Park and Norfolk Island Botanic Garden has been managed under s.357 of the EPBC Act, effectively guiding the interim management of the park by the actions and principles of the previous management plan until the fourth plan comes into effect.
Norfolk Island National Park and Norfolk Island Botanic Garden
Norfolk Island National Park covers 650 hectares in two sections. The Mount Pitt Section, which encompasses the slopes of Mount Pitt and Mount Bates on Norfolk Island, covers 460 hectares. The other section of the national park comprises 190 hectares on neighbouring Phillip Island. The Norfolk Island Botanic Garden covers 5.5 hectares and is located near the Mount Pitt Section of the park.
The Mount Pitt Section of the park and the Botanic Garden were first established by the Norfolk Island National Park and Norfolk Island Botanic Garden Act 1984 (NI) when it came into force on 12 February 1985. These areas were subsequently declared a national park and botanic garden under the National Parks and Wildlife Conservation Act 1975 (Cwlth) by proclamation under that Act on 31 January 1986 following a request of the Norfolk Island Legislative Assembly. The Phillip Island Section of the park was proclaimed under the Commonwealth Act on 24 January 1996.
In July 2000 the (Commonwealth) Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) came into force and replaced a number of Acts relevant to the management of the park and botanic garden including the National Parks and Wildlife Conservation Act 1975. Since 16 July 2000, the park and the botanic garden have been managed under the EPBC Act.
The natural values of the park and botanic garden come from being part of the Territory of Norfolk Island. Set in the south-west Pacific Ocean, the Territory provides a link between tropical and temperate oceanic island environments. The remote location, coupled with colonisation by plants and animals dispersed over vast distances of ocean, means that the Territory of Norfolk Island is important for its values as habitat for endemic species, habitat and breeding areas for species with limited distribution and migratory species including large colonies of breeding seabirds, and for its unique vegetation assemblages.
The park and botanic garden values include historic cultural heritage values. The area which is now the Mount Pitt Section of the park has been the site of a number of significant events in the human history of the island, including its discovery and settlement by Europeans and its defence during the Second World War. Both the park and botanic garden include artefacts relating to the Second World War.
The purpose for which the botanic garden was declared is consistent with the characteristics for World Conservation Union (IUCN) protected area management category IV, habitat/species management area.
The national park is divided by this plan into two zones—the Forestry Area to be managed as IUCN category VI, managed resource protected area, reflecting the purposes for which the area is used; and the balance of the Mount Pitt Section of the park and Phillip Island are managed as IUCN category II, national park.
Consultation
On 28 June 2017, consistent with s. 368 (1) (a) of the EPBC Act, a notice was published in the Australian Government Gazette, the Australian newspaper, the Norfolk Islander local newspaper and placed on the Department of the Environment and Energy website, inviting comments on the proposal to prepare a draft management plan. A Have Your Say brochure was also circulated to stimulate awareness of the planning process and the opportunity to contribute to the plan. This initial comment period closed on 27 August 2017 and 21 public submissions were received.
Following consideration of these submissions, the Director then prepared a draft plan in accordance with s.368 (1) (b) of the EPBC Act, that was released for public comment on 5 February 2018 until 7 March 2018.
Invitations to comment were published in the Australia Government Gazette, The Australian newspaper, the Norfolk Islander local newspaper, Norfolk Online and on the Department’s website. Over 30 emails were sent to individual stakeholders with an invitation to comment. Electronic versions of the draft plan were available from the Department’s website and were attached to emails sent to stakeholders.
Meetings with the Norfolk Island Regional Council, the Norfolk Island National Park Advisory Committee, the Administrator of Norfolk Island, the Department of Infrastructure and Regional Development and with other stakeholders occurred during the consultation period to discuss management of the park and botanic garden.
Six stakeholders provided submission on the draft management plan during the public comment period, including representatives from local government, a tourism operator and local residents. In accordance with s.368 (1) (e) of the EPBC Act, the Director considered the comments provided in the submissions and changed some aspects of the plan in response to this advice.
Period of operation
This management plan will come into operation, following approval by the Assistant Minister for the Environment under s.370 of the EPBC Act, at the beginning of the day after it is registered under the Legislation Act 2003. The plan will cease to have effect ten years after commencement, unless revoked or amended earlier by another management plan.
Regulatory Impact
This management plan has been written to describe actions and policies which conserve and enhance the natural and cultural values of the park and botanic garden, while providing visitors with a range of recreational opportunities that enrich their visit to Norfolk Island. It does not place any new restrictions upon individuals or businesses. The Office of Best Practice Regulation (OBPR) advised that a Regulatory Impact Statement was not required for this management plan (OBPR reference: OBPRID 23689).
Judy West
Acting Director of National Parks
29 March 2018
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Norfolk Island National Park and Norfolk Island Botanic Garden 2018-2028
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Director of National Parks prepares management plans for Commonwealth reserves in accordance with Section 368 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The purpose of this management plan is to describe the philosophy and direction of management for Norfolk Island National Park and Norfolk Island Botanic Garden for the next ten years in accordance with the EPBC Act. The plan enables management to proceed in an orderly way, helps to reconcile competing interests, and identifies priorities for the allocation of available resources.
The EPBC Act and associated Regulations prohibit certain activities from occurring in Norfolk Island National Park and Norfolk Island Botanic Garden and other Commonwealth reserves. The management plan for the park is an enabling document. It allows management activities to occur that would otherwise be restricted under EPBC legislation, and enables certain management, recreational and commercial activities to occur.
Human rights implications
This Legislative Instrument engages with the following human rights:
Right to freedom of movement
In order to achieve the objectives of the management plan it is necessary to restrict some access and uses that may impact on the natural and cultural values of the park and botanic garden, or to restrict access to areas that are dangerous to human health and safety. This may involve the right to freedom of movement; however, this is not an absolute right and may be subject to permissible limitations where there is a legitimate objective, in this case the conservation and protection of natural and cultural values into the future and to ensure the health and safety of visitors to the park. Limitations on access and use of the park and botanic garden under the management plan are reasonable, necessary and proportionate responses to the potential threats posed to achieving the objectives of the management plan.
Right to enjoy and benefit from culture
The right to enjoy and benefit from culture includes allowing people to take part in cultural life and enjoy the benefits of scientific progress. The management plan promotes this right by seeking to involve interested stakeholders and the community in management actions and to allow the customary use of a selection of natural resources in the park.
The management plan may limit this right in some instances where proposed activities are not consistent with the primary objective of the management plan to protect and conserve biodiversity and other natural and cultural values. However, these instances are expected to be rare, and will be carefully considered prior to a decision being undertaken.
Conclusion
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 and to the extent that it may limit any human rights, those limitations are reasonable, necessary and proportionate.
Judy West
Acting Director of National Parks
29 March 2018