Overview

The Public Reserves (Animals) Act 1983 was enacted by the Legislative Assembly of Norfolk Island to address the issue of the removal of animals from designated public reserves without proper authorisation. The primary objective of the Act is to ensure that any removal of animals from these reserves requires the written permission of the Administrator, thereby protecting these public reserves from unauthorised animal removals. The Act came into operation on 26 January 1984, following a notice in the Norfolk Island Government Gazette. It includes provisions for the declaration of public reserves as designated public reserves by the Administrator, and imposes penalties for unauthorised removal of animals from these reserves, including imprisonment for up to six months, a fine of up to 20 penalty units, or both.

Scope and Application

The Public Reserves (Animals) Act 1983 applies to any person involved in the removal of animals from designated public reserves on Norfolk Island. This legislation specifically targets the removal of animals, which includes birds, from areas declared as designated public reserves by the Administrator under the Commons and Public Reserves Act 1936. The Act mandates that no person shall remove or be knowingly involved in the removal of animals from these designated areas without the written permission of the Administrator, with penalties including imprisonment for up to six months, a fine of 20 penalty units, or both. The Administrator has the authority to grant permission for the removal of animals either generally or for specific instances, thereby providing a regulatory framework to manage and protect animal life within the designated public reserves on Norfolk Island.

Key Provisions

The Norfolk Island Public Reserves (Animals) Act 1983 (section 4) grants the Administrator the authority to declare any public reserve a designated public reserve by publishing a notice in the Norfolk Island Government Gazette. This designation is made for the purposes of regulating the removal of animals from these areas. The act also defines 'animal' to include birds and 'designated public reserve' as any public reserve that has been declared as such by the Administrator under section 4. Furthermore, section 5(1) of the Act states that a person must not remove or be knowingly involved in the removal of any animal from a designated public reserve without the Administrator's written permission. Violation of this provision may result in imprisonment for up to six months, a fine of up to 20 penalty units, or both (section 5(1)). However, the Administrator has the discretion to grant permission for the removal of animals from a designated public reserve, which can be granted either generally or specifically (section 5(2) and (3)). The Norfolk Island Public Reserves (Animals) Act 1983 imposes certain obligations and requirements on individuals and entities governed by the Act. Firstly, any person intending to remove an animal from a designated public reserve must obtain the written permission of the Administrator (section 5(1)). Failure to do so may result in the imposition of penalties. Additionally, the Administrator is tasked with the responsibility of granting permission for the removal of animals from designated public reserves, which can be granted either in a general or specific manner (section 5(2) and (3)). This grants the Administrator significant discretion in managing the removal of animals from these reserves. Breaching the provisions of the Norfolk Island Public Reserves (Animals) Act 1983 may result in various civil, criminal, or administrative consequences. Specifically, section 5(1) outlines that a person who removes or is knowingly involved in the removal of an animal from a designated public reserve without the written permission of the Administrator may be subject to imprisonment for up to six months, a fine of up to 20 penalty units, or both. These penalties serve as a deterrent against unauthorised removal of animals from designated public reserves and ensure compliance with the Act.