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 provide for the protection of the environment, particularly by preventing significant damage to the natural heritage of Australia from harmful activities. This Act was introduced by the Australian Parliament to address the gap in comprehensive environmental protection and biodiversity conservation, ensuring that activities which might adversely affect the environment are regulated and controlled. The policy objective of the Act is to preserve and enhance Australia’s biodiversity and the ecological processes upon which it depends. In the case of Norfolk Island National Park’s management of the Tarler Birds, the Act allows for controlled activities that are necessary for the conservation of species, provided they do not cause significant harm to the environment. This involves temporarily prohibiting public entry to Phillip Island to safely manage the population of Purple Swamp Hens, ensuring the safety of the public and the conservation of the species.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 governs the management of activities that may impact the environment, including the control of wildlife and the protection of threatened species. Under this Act, Norfolk Island National Park is authorised to undertake a controlled activity aimed at managing the Tarler Birds, also known as Purple Swamp Hens, on Phillip Island. The specified period for this activity is from 14 to 21 May 2019, contingent upon local weather conditions. The use of firearms during this operation poses a safety risk to the public, necessitating the temporary prohibition of public entry to Phillip Island. This restriction applies to all individuals and entities except those with express authorisation from Norfolk Island National Park. The geographic scope of this controlled activity is limited to Phillip Island within the Norfolk Island National Park, and the exclusion of the public is enforced through signposting and communication with the Norfolk Island media. Further details and inquiries can be directed to the Park Manager, Mr Nigel Greenup, via the provided contact information.

Key Provisions

The primary operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) that pertain to the notice of controlled activity on Phillip Island are sections 12.23(3) and related provisions. Section 12.23(3) specifies that a temporary prohibition of public entry can be enforced to allow for the control of a species, in this case, the Purple Swamp Hen, also known as Tarler Birds (Porphyrio melanotus), within the Norfolk Island National Park. This temporary prohibition is a controlled activity that requires the use of firearms, and due to the inherent public safety risk, Phillip Island will be closed to the public during the operation. The closure will be in effect from 14 to 21 May 2019, contingent on local weather conditions. Under the EPBC Act, Norfolk Island National Park has an obligation to protect and manage the biodiversity within its jurisdiction. This includes the management of species such as the Tarler Birds, which are identified as a priority for the protection of roosting and nesting seabirds. The Park is required to implement controlled activities that ensure the conservation of these species while also considering public safety. The Act mandates that any controlled activities involving the use of firearms must be conducted in a manner that minimises risk to the public, which in this case, results in the temporary closure of Phillip Island. The Park must also provide clear communication and signage regarding the temporary closure and keep the Norfolk Island media informed about the dates and nature of the closures. Failure to comply with the provisions of the EPBC Act can result in both civil and criminal consequences. For instance, unauthorised entry to Phillip Island during the controlled activity could lead to a contravention of the Act, potentially resulting in fines and penalties. Under the Act, the maximum penalties for such offences can include fines of up to $66,000 for an individual and $330,000 for a corporation, depending on the severity of the breach. Additionally, the public safety risks associated with the use of firearms during the controlled activity necessitate strict adherence to the Act’s requirements to avoid any potential criminal liability for harm caused by non-compliance.