Notice of Controlled Activity - Temporary Prohibition of Public Entry to Phillip Island to Allow Control of Purple Swamp Hen (Tarler Birds) (Poryphrio melanotus)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for a robust framework for the protection of the environment, particularly focusing on biodiversity conservation, and the management of activities that may have a significant impact on the environment. The Act was designed to provide for the protection of the environment by regulating activities that may harm native species and ecological communities, and it was established to ensure that the interests of the environment are adequately considered in decision-making processes. The Act empowers the Federal Government, through the relevant authorities, to manage and control activities that may impact the environment, including species and ecological communities of national and international significance. The policy objective of the Act is to promote the sustainable use and conservation of biodiversity, ensuring that the actions taken today do not compromise the ability of future generations to meet their own needs. This legislation is a critical tool in Australia's efforts to protect its unique biodiversity and manage the environmental impacts of various activities.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 governs the activities and entities involved in the protection and conservation of Australia's biodiversity, including the management of threatened species and their habitats. Under this Act, Norfolk Island National Park is authorised to undertake controlled activities aimed at the protection of native species, such as the Tarler Bird, by temporarily prohibiting public entry to Phillip Island. This controlled activity is specifically targeted to manage the population of Purple Swamp Hen, also known as Tarler Birds, to protect their roosting and nesting sites. The Act applies to the Norfolk Island National Park and its authorised personnel, as well as to the public who are required to adhere to the temporary prohibition of access to Phillip Island during the specified period. The geographic reach of this application is limited to Phillip Island within the Norfolk Island National Park, a territory under Australian jurisdiction. The controlled activity and subsequent temporary prohibition of public entry are explicitly defined for the period of 21 to 31 May 2019, contingent upon local weather conditions. The Act ensures that all access points to Phillip Island are clearly signposted, and the Norfolk Island media will be informed both prior to and during the closure period. This measure is enacted to mitigate public safety risks associated with the use of firearms during the activity. For further information or queries, the public can contact the Park Manager, Mr Nigel Greenup, via email or phone.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the temporary prohibition of public entry to Phillip Island, as detailed in the gazetted notice C2019G00434. Section 12.23(3) of the Act outlines a controlled activity to manage the Tarler Birds (Porphyrio melanotus) on Phillip Island, which is a crucial aspect of protecting roosting and nesting seabirds. The activity, scheduled between 21 to 31 May 2019, depending on local weather conditions, involves the use of firearms and poses a public safety risk, necessitating the island's closure to the public during this period. The primary obligations under this legislation include the restriction of access to Phillip Island to authorised personnel only. This requirement is intended to ensure the safety of individuals and to prevent interference with the controlled activity aimed at managing the Tarler Bird population. Signage will be posted at all access points, and notifications will be made to the Norfolk Island media to inform the public of the temporary closure and the reasons behind it. The Park Manager, Mr. Nigel Greenup, has been designated as the point of contact for any inquiries regarding this controlled activity. The Act imposes significant responsibilities on the Norfolk Island National Park and its management to conduct the controlled activity in a manner that minimises risks to public safety and adheres to the provisions of the EPBC Act. This includes ensuring that all necessary precautions are taken during the use of firearms and that the activity is carried out in compliance with environmental protection standards. Failure to comply with these obligations could result in civil or criminal consequences. Breaches of the provisions outlined in the EPBC Act may lead to offences under the legislation. The specific penalties for these breaches are not detailed in the notice but could include substantial fines and potential imprisonment, depending on the severity of the violation. The Act provides for enforcement actions to be taken against any party found to be in breach of its requirements, underscoring the importance of adhering to the stipulated guidelines and obligations.