Environment Protection and Biodiversity Conservation Regulations 2000
Subregulation 12.23(3)
PROHIBITION AND REVOCATION ON ENTERING OR REMAINING IN CERTAIN AREAS OF LORD HOWE MARINE PARK
I, Jason Munday, Acting First Assistant Secretary, Parks Australia Division, Department of Agriculture, Water and the Environment, acting under delegation and pursuant to subregulation 12.23(3) of the Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations), having taken into account and being satisfied that access to certain areas within the Lord Howe Marine Park (Park) might endanger public safety, HEREBY PROHIBIT entering or remaining in all areas specified in the Schedule, by all persons other than persons acting on behalf, or under the instruction of a Commonwealth agency performing any activity that is reasonably necessary to remove unexploded ordnance from the Park.
Dated this 24 day of December 2020
Jason Mundy
Acting First Assistant Secretary
Parks Australia Division
SCHEDULE
Part of the NATIONAL PARK ZONE (IUCN IV) TELHINPZ02
All of that area bounded by the line:
(i) commencing at the point of latitude 29° 26′ 35″ S, longitude 159° 2′ 55 ″ E;
(ii) from there east along the parallel of latitude 29° 26′ 35″ S to its intersection by the meridian of longitude 159° 3′ 33″ E;
(iii) from there south along that meridian to its intersection with the parallel of latitude 29° 27′ 7″ S;
(iv) from there west along that parallel to its intersection by the meridian of longitude 159° 2′ 55″ E.
(v) then north along that meridian to the point of commencement.
Note 1: Geographic coordinates are expressed in terms of the Geocentric Datum of Australia 1994 (GDA94) as described in the Commonwealth of Australia Gazette GN35 of 6 September 1995.
Note 2: National Park Zone (IUCN IV) telhinpz02 is described in the Temperate East Marine Parks Network Management Plan 2018
Overview
The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted to provide comprehensive protection for Australia's biodiversity and environment. These regulations address the gap in existing legislation by providing a robust framework to protect significant natural areas, including marine parks, from activities that may endanger public safety or harm biodiversity. The regulations were introduced by the Australian Parliament under the authority of the Environment Protection and Biodiversity Conservation Act 1999, with the policy objective of ensuring the conservation and sustainable use of Australia's environment and heritage. The specific regulation in question, subregulation 12.23(3), was introduced to manage and restrict access to certain areas within the Lord Howe Marine Park to mitigate potential risks to public safety, particularly concerning unexploded ordnance from past military activities. This measure aims to balance the need for environmental protection with the imperative to ensure the safety of individuals who might inadvertently enter these high-risk areas.
Scope and Application
The Environment Protection and Biodiversity Conservation Regulations 2000, as amended, govern the entry and activities within specific areas of the Lord Howe Marine Park, particularly under subregulation 12.23(3). This regulation restricts access to designated zones within the National Park Zone (IUCN IV) TELHINPZ02, which is outlined by specific geographic coordinates. The prohibition applies to all persons except those acting on behalf of, or under the instruction of, a Commonwealth agency undertaking activities necessary for the removal of unexploded ordnance from the park. This restriction is in place to safeguard public safety. The regulation operates within the Commonwealth jurisdiction, encompassing federal waters and protected marine areas, thereby extending its reach across state and territory boundaries. Exclusions are made for authorised Commonwealth activities, ensuring that critical operations can proceed without hindrance. The scope of the regulation may be further extended or modified through subordinate instruments, allowing for adjustments based on evolving circumstances or additional findings.
Key Provisions
The main operative sections of this regulation, as stated under subregulation 12.23(3) of the Environment Protection and Biodiversity Conservation Regulations 2000, establish a prohibition on entering or remaining in certain areas of the Lord Howe Marine Park. This prohibition applies to all persons except those acting on behalf of, or under the instruction of, a Commonwealth agency that is performing activities necessary to remove unexploded ordnance from the Park. The Schedule specifies the exact areas within the National Park Zone (IUCN IV) that are subject to these restrictions. The coordinates provided delineate the boundaries of the prohibited area, ensuring clarity on which parts of the Park are off-limits.
The obligations imposed by this regulation are clear: any individual or entity found entering or remaining in the specified areas of the Lord Howe Marine Park, without being authorised by a Commonwealth agency to remove unexploded ordnance, is in breach of the regulation. This includes a requirement for all Commonwealth agencies to ensure that any activities conducted within the Park comply with the terms of this regulation. The regulation aims to protect public safety by restricting access to these areas, which may contain hazards due to the presence of unexploded ordnance.
Breaches of this regulation can lead to civil and criminal consequences. The specific offences under the Environment Protection and Biodiversity Conservation Act 1999 can result in penalties for individuals and corporations. For individuals, the maximum penalty for contravening this regulation can be substantial, potentially reaching up to $222,000 for a serious indictable offence. Corporations, on the other hand, can face penalties of up to $1,110,000 for similar breaches. These penalties underscore the seriousness of disregarding the prohibitions set forth in the regulation, serving as a deterrent to unauthorised entry into the specified areas of the Park.