Notice Inviting Comments on a Proposal to Prepare Two Draft Management Plans

Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Parliament of Australia, was designed to provide for the protection of the environment, especially areas of national and world significance. The Act aims to create a robust framework for the conservation and management of Australia's biodiversity and heritage, and to address the gaps in protection of the nation’s ecosystems and species. This notice under subsection 368(2) of the Act invites public input on the proposed draft management plans for two significant marine parks: the Christmas Island Marine Park and the Cocos (Keeling) Islands Marine Park. The policy objective is to ensure that the management plans reflect public input and effectively guide the conservation efforts in these marine parks over the next decade.

Scope and Application

The notice issued under subsection 368(2) of the Environment Protection and Biodiversity Conservation Act 1999 pertains to the development of draft management plans for the Christmas Island Marine Park and Cocos (Keeling) Islands Marine Park, located in Australia's Indian Ocean Territories. The Director of National Parks has opened a consultation period inviting the public to submit suggestions on the content of these draft management plans, ensuring that the comments are specific to the relevant marine park. Submissions must be made by 3:30 AM AEST on 2 August 2023, either through the Department of Climate Change, Energy, the Environment and Water’s Consultation Hub or via email to IOTmarineparksNOI@dcceew.gov.au. All comments received will be treated as public documents and may be published on the respective department’s websites. Personal information provided will be managed in accordance with the privacy policy of the Director of National Parks, which can be accessed via the department's website. Once the draft management plans are finalised, they will serve as the guiding documents for the management of these marine parks over a period of ten years. This consultation process is integral to the planning and conservation efforts outlined in the EPBC Act, extending its application to the management of these specific marine environments within the Commonwealth jurisdiction.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is the primary federal legislation governing the protection and conservation of the environment, including marine parks within Australia’s Indian Ocean Territories. Under subsection 368(2) of the EPBC Act, the Director of National Parks is required to develop management plans for marine parks, and the notice invites the public to provide input on the draft management plans for the Christmas Island Marine Park and Cocos (Keeling) Islands Marine Park (subsection 368(5)). Public comments on these draft plans must be submitted via the Department of Climate Change, Energy, the Environment and Water’s Consultation Hub by 3.30 AM AEST on 2 August 2023. Submissions sent after this deadline or through other means may not be considered. The Act imposes several obligations on interested parties and entities. Firstly, the public is encouraged to submit comments on the draft management plans, with clear identification of the specific marine park(s) being commented on. Secondly, all comments become public documents and may be published on the Director of National Parks’ website and the Department of Climate Change, Energy, the Environment and Water’s website. Thirdly, any personal information provided in the comments will be managed in accordance with the applicable privacy policy, which is available on the Director of National Parks’ website. Additionally, the Director of National Parks must take the received comments into account when preparing the draft management plans, which will then be made available for further public consultation before finalisation. Failure to comply with the requirements of the EPBC Act may result in civil or criminal consequences. While the notice does not explicitly detail specific offences or penalties for non-compliance, breaches of the Act generally attract penalties under the relevant sections of the legislation. For instance, breaches of the EPBC Act may lead to fines of up to $66,600 for individuals and $333,000 for corporations, as per the general penalty provisions in section 537 of the Act. Additionally, individuals found guilty of criminal offences under the Act may face imprisonment for up to two years, as stipulated in section 539 of the Act. The specific penalties depend on the nature and severity of the breach, and the court may consider various factors when determining the appropriate penalty.