Overview

The Environment Protection and Biodiversity Conservation Regulations 2000 were enacted by the Parliament of Australia to provide comprehensive protection for biodiversity and environmental heritage. One specific aspect of these regulations is the prohibition on entering or remaining in certain areas of the Lord Howe Marine Park, as illustrated in the recent Gazette notice. This regulation was introduced to address the problem of potential danger to public safety that might arise from unauthorised access to particular zones within the Park. The Gazette notice issued by Dr. James Findlay, Director of National Parks, on 11 May 2020, specifies the prohibition on entering or remaining in the Recreational Use Zone (IUCN IV) during certain times, except for those acting on behalf of, or under instruction from, a Commonwealth agency tasked with removing unexploded ordnance. This action aims to safeguard both public safety and the delicate ecosystem within the Marine Park.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, specifically subregulation 12.23(3), pertains to the prohibition of entering or remaining in the Recreational Use Zone (IUCN IV) of the Lord Howe Marine Park during specified times. This prohibition applies to all persons except those acting on behalf of, or under the instruction of, a Commonwealth agency involved in activities reasonably necessary to remove unexploded ordnance from the Park. This regulation aims to ensure public safety by restricting unauthorised access to these areas. The jurisdiction of this Act extends to the Commonwealth level, ensuring its enforcement across national waters and territories. The regulation does not explicitly mention exclusions or exemptions beyond the authorised Commonwealth agency activities, thus covering all individuals and entities unless specified otherwise. The application of this prohibition is further defined by the geographical coordinates provided in the Schedule, which delineate the specific areas of the Lord Howe Marine Park that are subject to these restrictions.

Key Provisions

The Environment Protection and Biodiversity Conservation Regulations 2000 (Regulations) include subregulation 12.23(3), which specifically addresses the prohibition on entering or remaining in certain areas of the Lord Howe Marine Park. This regulation aims to ensure public safety by restricting access to the Recreational Use Zone (IUCN IV) during specified times. Under this subregulation, the Director of National Parks, Dr. James Findlay, has declared that all persons, except those acting on behalf of, or under the instruction of a Commonwealth agency tasked with removing unexploded ordnance, are prohibited from entering or remaining in the Recreational Use Zone during the times outlined in the Schedule. The obligations imposed by this regulation are clear: anyone found within the defined boundaries of the Recreational Use Zone during the restricted times must be acting under the direction of a Commonwealth agency involved in ordnance removal activities. The regulation meticulously details the geographical coordinates of the area, which is bounded by specific lines starting from latitude 29° 53′ 00″ S, longitude 158° 55′ 00″ E, moving eastward, southward, westward, and finally northward, back to the starting point. The Geographic coordinates are referenced to the Geocentric Datum of Australia 1994 (GDA94). Any breach of this regulation could lead to significant consequences. The act of entering or remaining in the specified area without proper authorisation could be considered an offence under the Environment Protection and Biodiversity Conservation Act 1999 (Cth). The penalties for such violations may include substantial fines and, in severe cases, imprisonment. The specific penalties would depend on the nature and severity of the breach, as well as any existing case law or precedents. The Act provides a robust framework for enforcement, ensuring compliance with the regulations designed to protect both the environment and public safety within the Lord Howe Marine Park.