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 significant environmental protection issues in Australia, particularly those of national and international importance. The Act aims to provide a framework for the protection of the environment, particularly by regulating activities that may have a significant impact on matters of environmental significance. This includes actions that may affect endangered species, their habitats, and ecosystems of national or international importance. The Act was established by the Commonwealth Parliament and its policy objective is to balance and integrate biodiversity conservation with sustainable development, ensuring that Australia's natural resources are managed in a way that protects and conserves biodiversity. The Norfolk Island National Park is undertaking a controlled activity to manage the population of the Purple Swamp Hen, also known as Tarler Birds, on Phillip Island from 6 to 22 August 2019. This activity, which requires the use of firearms, necessitates the temporary prohibition of public entry to Phillip Island to mitigate public safety risks. This action is in line with the objectives of the Environment Protection and Biodiversity Conservation Act 1999, which aims to protect and conserve biodiversity by managing activities that may impact endangered species and their habitats. The temporary closure of Phillip Island to the public is intended to facilitate the effective control of the Tarler Birds while ensuring the safety of the public.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 governs the temporary prohibition of public entry to Phillip Island, Norfolk Island, to allow for the control of Purple Swamp Hen, also known as Tarler Birds, within the Norfolk Island National Park. This Act applies to the management of the Tarler Birds, which are identified as a priority for the protection of roosting and nesting seabirds. The temporary prohibition of public access to Phillip Island is necessitated by the use of firearms involved in the controlled activity, which presents a public safety risk. During the specified period from 6 to 22 August 2019, access to the island will be restricted to authorised personnel only, with all access points clearly signposted. Notifications about the closures will be disseminated to the Norfolk Island media both before and during the actual dates of the activity. Further inquiries should be directed to the Park Manager, Mr Nigel Greenup, of the Norfolk Island National Park. While the Act itself imposes these restrictions, its implementation is subject to the detailed regulations and any subordinate instruments that may further define the scope and execution of the controlled activity.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the controlled activity on Phillip Island, which is conducted by the Norfolk Island National Park. Section 12.23(3) of the Act provides the legal basis for the temporary prohibition of public entry to Phillip Island, allowing for the control of the Purple Swamp Hen, also known as Tarler Birds (Porphyrio melanotus), from 6 to 22 August 2019. This control activity is necessary for the protection of roosting and nesting seabirds on the island. Given that firearms will be used during the operation, the temporary closure of the island is mandated to ensure public safety. Under the EPBC Act, Norfolk Island National Park must comply with several obligations when conducting the controlled activity. The park is required to manage the Tarler Birds in a manner that safeguards the nesting and roosting sites of other seabirds. The use of firearms necessitates stringent safety measures and the exclusion of the public to prevent any potential harm. Additionally, all access points to Phillip Island must be clearly signposted, and the Norfolk Island media will be informed both prior to and during the closure period. This ensures that the public is aware of the restrictions and the reasons behind them. Breaches of the provisions under the EPBC Act may result in civil or criminal penalties. While the specific penalties for the controlled activity on Phillip Island are not detailed in the notice, the Act generally allows for hefty fines and even imprisonment for non-compliance with its requirements. The maximum penalties can vary depending on the severity of the breach but can include substantial fines and imprisonment terms that reflect the seriousness of the offence. It is crucial for the Norfolk Island National Park to adhere to the regulations to avoid such consequences. In summary, the controlled activity on Phillip Island is governed by Section 12.23(3) of the EPBC Act, which mandates the temporary closure of the island to control the Purple Swamp Hen population. The Norfolk Island National Park must ensure that the activity is conducted safely and in compliance with the Act's provisions. Failure to adhere to these regulations could result in significant civil or criminal penalties, highlighting the importance of strict compliance with the Act.