Proposal to prepare a Draft Management Plan - Norfolk Island National Park and Norfolk Island Botanic Garden

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for a comprehensive framework to protect and manage Australia's environment, including its biodiversity and heritage sites, through a collaborative and precautionary approach. This Act provides the legislative basis for the management and conservation of the nation's environmental assets, including national parks and botanic gardens, with a focus on sustainable use and preservation for future generations. The Act was enacted by the Parliament of Australia, reflecting the policy objective to integrate environmental protection with economic and social considerations. In response to a review by the Senate Standing Committee on Regulations and Ordinances, the Director of National Parks is proposing to prepare an amended draft management plan for the Norfolk Island National Park and Norfolk Island Botanic Garden, addressing technical issues identified in the existing plan. This initiative aims to ensure that the management of these reserves is effective and aligned with contemporary conservation standards and practices. The public is invited to provide comments on the proposal, which will be taken into account in the preparation of the draft management plan. Once prepared, the draft plan will be released for further public comment, ensuring community involvement in the management process of these important natural and cultural reserves.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to the proposed amendment of the management plan for the Norfolk Island National Park and Norfolk Island Botanic Garden. The Act applies to the conduct of the Director of National Parks, who is responsible for preparing the amended draft management plan. This legislative framework extends to the Commonwealth jurisdiction, specifically addressing the environmental and biodiversity conservation matters within the Norfolk Island National Park and Norfolk Island Botanic Garden. The Act does not specify exclusions, exemptions, or thresholds in the context of this proposal, and its application is directed towards ensuring the effective management of these reserves. The Act’s reach may be further defined or modified through subordinate instruments, though these are not detailed in the current proposal. The public is encouraged to provide feedback on the proposed draft management plan, which will then be subject to further review and public consultation before finalisation.

Key Provisions

The main operative sections of this notice under subsection 368(2) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertain to the proposed preparation of an amended draft management plan for the Norfolk Island National Park and Norfolk Island Botanic Garden (sections 368 and 369). This notice is issued in response to a review by the Senate Standing Committee on Regulations and Ordinances, which identified technical issues that need resolution in the current management plan. Section 368(2) requires that a draft management plan be prepared for these reserves, and section 369(1) mandates that this draft be released for public comment for a minimum of 30 days. The Director of National Parks is initiating this process to ensure the management plan aligns with legislative requirements and addresses the identified issues. The obligations imposed by the Act on the parties involved are primarily focused on the transparency and inclusiveness of the planning process. The Director of National Parks must ensure that the amended draft management plan is prepared with due consideration of public feedback, as per section 369(2). Members of the public are encouraged to submit their comments on the proposal by 29 January 2019, either via email to norfolk.plan@environment.gov.au or by post to Mr Nigel Greenup, Park Manager, at PO Box 310, Norfolk Island, SOUTH PACIFIC 2899. The public's input is critical as it will be taken into account during the preparation of the draft plan. Furthermore, once the draft management plan is prepared, it must be released for public comment as stipulated by section 369(1) of the EPBC Act. Breaching the requirements of the EPBC Act, particularly those related to the preparation and public consultation on the management plan, may lead to various consequences. While the specific offences and penalties are not detailed in this notice, it is understood that non-compliance with the Act could result in legal action. Under the EPBC Act, offences can lead to both civil and criminal penalties, depending on the nature and severity of the breach. For example, under section 528, a person found guilty of an offence against the Act can be subject to fines of up to $66,600 for individuals or $333,000 for bodies corporate, as well as potential imprisonment. The exact penalties would be determined by the court based on the specific circumstances of the breach. It is essential for all parties involved to adhere to the legislative requirements to avoid such consequences.