Notice of Temporary Prohibition on Entering and Remaining on Phillip Island, Norfolk Island National Park

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to provide a comprehensive legal framework for the protection of the environment and biodiversity across Australia. These regulations were introduced to address the critical need for coordinated and effective management of natural resources and biodiversity conservation, filling gaps in previous legislation by establishing clear guidelines and restrictions on activities that could potentially harm the environment and native species. The enacting body was the Parliament of Australia, with the overarching policy objective being the sustainable protection and conservation of Australia’s unique natural heritage. In the specific context of Phillip Island within the Norfolk Island National Park, the temporary prohibition on entering and remaining on the island during certain hours aims to safeguard the roosting and nesting seabirds, particularly the Tarler Birds, by controlling their population through the use of firearms. This measure ensures the protection of these vulnerable species while balancing public safety concerns.

Scope and Application

The notice of temporary prohibition on entering and remaining on Phillip Island within the Norfolk Island National Park, issued under sub regulation 12.23(3) of the Environment Protection and Biodiversity Conservation Regulations 2000, applies to all persons intending to enter or remain on the island during the specified period. This prohibition is in place to safeguard the roosting and nesting seabirds, particularly targeting the management of the Tarler Bird (Porphyrio melanotus) population. The regulation is enforced by the Director of National Parks, Jody Swirepik, and the restriction will be in effect from 0700 Norfolk Island Standard Time on Tuesday 26 April 2022 until 1700 Norfolk Island Standard Time on Wednesday 27 April 2022. Firearms will be used during this period to control the bird population. However, certain classes of persons will be exempt from this prohibition as per subregulation 12.06(1) of the Regulations. Any questions regarding this prohibition can be directed to the Park Manager, Mr Nigel Greenup, via email or phone. The jurisdictional reach of this regulation is confined to the Norfolk Island National Park, and it is enforced within the boundaries of the Commonwealth of Australia.

Key Provisions

The Environment Protection and Biodiversity Conservation Regulations 2000, specifically under subregulation 12.23(3), have issued a Notice of Temporary Prohibition (section 12.23(3)) that restricts entry and presence on Phillip Island within the Norfolk Island National Park during a specified period. The Notice is in effect from 0700 Norfolk Island Standard Time on Tuesday, 26 April 2022, to 1700 Norfolk Island Standard Time on Wednesday, 27 April 2022. This prohibition is to safeguard the roosting and nesting seabirds and manage the population of Tarler Birds (Porphyrio melanotus) on the island. Firearms will be employed during this period to ensure compliance with the restrictions, thereby limiting human presence on Phillip Island. Certain individuals may be exempt from these restrictions as per subregulation 12.06(1) of the Regulations. Under the Notice, all individuals are required to adhere to the prohibition of entering or remaining on Phillip Island within the Norfolk Island National Park during the specified Relevant Time. The primary purpose of this restriction is to protect the habitat of the roosting and nesting seabirds and to manage the Tarler Bird population effectively. The Notice is issued by Jody Swirepik, the Director of National Parks, taking into account public safety and ecological considerations. Compliance with this Notice is mandatory, and any persons found on the island during the prohibited hours will be subject to the restrictions imposed. Breach of the Notice of Temporary Prohibition could lead to various consequences. Under the Environment Protection and Biodiversity Conservation Act 1999, violations of such prohibitions may result in both civil and criminal penalties. The specific penalties are not detailed in the Notice but are likely to include fines and potential imprisonment, depending on the severity of the breach. The Notice provides contact information for the Norfolk Island National Park Manager, Mr Nigel Greenup, should any queries arise regarding the prohibition. The enforcement of these regulations is crucial to maintaining the ecological balance and ensuring the safety of both wildlife and visitors to the park.