{"id":"F2007B00696","name":"Environment Protection and Biodiversity Conservation Act 1999 - Proclamation - Australian National Botanic Gardens (10/09/1991)","slug":"environment-protection-and-biodiversity-conservation-act-1999-proclamation-australian-national-botan","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":62490,"registerId":"commonwealth-F2007B00696-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Environment Protection and Biodiversity Conservation Act 1999 - Proclamation - Australian National Botanic Gardens (10/09/1991)","content":"PROCLAMATION\n\nCommonwealth of Australia By His Excellency the\n\nGovernor-General of the\n\nCommonwealth of Australia\n\nHAYDEN\n\nGovernor-General\n\nI, WILLIAM GEORGE HAYDEN, Governor-General of the Commonwealth of\n\nAustralia, acting with the advice of the Federal Executive Council, being advice\n\nthat has taken into consideration a report by the Director of National Parks and\n\nWildlife, under subsection 7 (2) of the National Parks and Wildlife Conservation\n\nAct 1975:\n\n(a) declare the area constituted by the areas specified in the Schedule to\n\nbe a reserve; and\n\n(b) assign to that reserve the name “Australian National Botanic\n\nGardens\"; and\n\n(c) specify the depth of 1,000 metres below the surface of any land within\n\nthe reserve as the depth to which the subsoil beneath that land is to be\n\ntaken to be within the reserve; and\n\nspecify the depth of 1,000 metres below the sea-bed beneath any sea\n\nwithin the reserve as the depth to which the subsoil beneath that sea\\-\n\nbed is to be taken to be within the reserve.\n\n  \n\nSCHEDULE\n\nDESCRIPTION OF AREA OF AUSTRALIAN NATIONAL\n\nBOTANIC GARDENS\n\n| Area                                | Divisionor District  | Block    | MapReference                   |\n| ----------------------------------- | -------------------- | -------- | ------------------------------ |\n|                                     |                      |          |                                |\n| Australian National Botanic Gardens | CanberraCityDistrict | 13311332 | B2080-6030B2080-6030B2080-6045 |\n|                                     |                      | 1333     | B2080-6045                     |\n|                                     |                      |          |                                |\n|                                     | Jervis BayTerritory  | 144      | JBT25000                       |\n\nGIVEN under my Hand\n\nand the Great Seal of\n\nAustralia on\n\n10 SEP 1991\n\nBy His Excellency’s Command,\n\nRos Kelly\n\nMinister of State for the Arts, Sport,\n\nthe Environment, Tourism and Territories\n\nGOD SAVE THE QUEEN!","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation performs exactly the function intended by the National Parks and Wildlife Conservation Act 1975: declaring specific land as a protected reserve with defined boundaries. The scope remains tightly focused on establishing the Australian National Botanic Gardens reserve with appropriate vertical depth protections. No mission creep or expansion beyond the original statutory purpose."},"complexity_factors":["Very short document (under 500 words)","Only 4 defined elements: the reserve name, surface area (via Schedule table), and two depth measurements (1,000m for land subsoil and 1,000m for sea-bed subsoil)","No cross-references to other legislation beyond a single mention of the empowering Act (National Parks and Wildlife Conservation Act 1975)","Simple conditional structure: single triggering condition (report from Director) followed by four declaratory actions","Schedule contains straightforward cadastral descriptions (block and map references) — standard land identification","No exceptions, exemptions, or nested conditions"],"plain_english_summary":"The proclamation formally created the Australian National Botanic Gardens as a Commonwealth protected reserve, covering specified sites in Canberra and Jervis Bay and giving the area legal protection equivalent to national parks.  \n\nIt names the reserve and extends protection vertically (including the seabed) to 1,000 metres, restricting development or mining beneath the gardens and safeguarding plant collections, research areas, visitors, and the Commonwealth’s management of these sites."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation implements its original purpose: to constitute the listed areas as a named reserve and to specify subsoil depth. It does not add conditions, exemptions, financial obligations or separate regulatory regimes beyond declaring the reserve and its vertical extent."},"complexity_factors":["Single-step legal action (proclamation) with a clear, limited purpose: declare and name a reserve.","Cross-reference to an earlier statute and a specific subsection (subsection 7(2) of the National Parks and Wildlife Conservation Act 1975).","Technical specification of subsoil depth (1,000 metres) for both land and sea-bed areas.","Geographic specificity in the Schedule via district, block numbers and map references (requires cadastral/map lookup to apply practically).","Involves multiple territorial jurisdictions (Canberra City District and Jervis Bay Territory), which can affect administration and enforcement."],"plain_english_summary":"This proclamation formally creates the Australian National Botanic Gardens by declaring the land areas listed in the Schedule to be a reserve, giving it that name and treating subsoil down to 1,000 metres beneath land and sea-bed within those areas as part of the reserve. It was made by the Governor‑General on advice of the Federal Executive Council, taking into account a Director’s report under subsection 7(2) of the National Parks and Wildlife Conservation Act 1975; it affects land managers, users and developers because the listed land is legally reserved."}},"importantCases":[],"_links":{"self":"/api/acts/environment-protection-and-biodiversity-conservation-act-1999-proclamation-australian-national-botan","history":"/api/acts/environment-protection-and-biodiversity-conservation-act-1999-proclamation-australian-national-botan/history","analysis":"/api/acts/environment-protection-and-biodiversity-conservation-act-1999-proclamation-australian-national-botan/analysis","conflicts":"/api/acts/environment-protection-and-biodiversity-conservation-act-1999-proclamation-australian-national-botan/conflicts","importantCases":"/api/acts/environment-protection-and-biodiversity-conservation-act-1999-proclamation-australian-national-botan/important-cases","documents":"/api/acts/environment-protection-and-biodiversity-conservation-act-1999-proclamation-australian-national-botan/documents"}}