{"id":"F2008B00735","name":"Environment Protection and Biodiversity Conservation Act 1999 - Proclamation - Norfolk Island Botanic Garden (31/01/1986)","slug":"environment-protection-and-biodiversity-conservation-act-1999-proclamation-norfolk-island-botanic-ga","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":72055,"registerId":"commonwealth-F2008B00735-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 - Norfolk Island Botanic Garden (31/01/1986)","content":"PROCLAMATION\n\n| Commonwealth ofAustraliaN. M. STEPHENGovernor-General | By His Excellency the Governor-General of the Commonwealth of Australia |\n| ----------------------------------------------------- | ----------------------------------------------------------------------- |\n\nI, SIR NINIAN MARTIN STEPHEN, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and after consideration by the Federal Executive Council of a report by the Director of National Parks and Wildlife in accordance with subsection 7 (11) of the National Parks and Wildlife Conservation Act 1975, pursuant to sub-section 7 (2) of that Act and for the purposes of paragraph 7 (6) (a) of that Act, hereby\n\n(a) declare the area specified in the Schedule to be a reserve;\n\n(b) assign the name 'Norfolk Island Botanic Garden' to that reserve; and\n\n(c) specify the depth of 1,000 metres below the surface of any land within the area so declared to be a reserve as the depth to which the subsoil beneath that land shall be taken to be within that reserve.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nSCHEDULE\n\nDESCRIPTION OF AREA OF RESERVE\n\nAll that parcel of land situated in Norfolk Island being the whole of portions 152d1 and 152e and containing an area of 6084 square metres more or less: COMMENCING at a point on the northwestern boundary of Mission Road being the most easterly corner of portion 152c and bounded thence by the northeastern boundary of that portion bearing 306 degrees 54 minutes for 96.29 metres to the southeastern boundary of portion 152d3; thence by part of that boundary bearing 36 degrees 54 minutes for 20.505 metres 71 degrees 43 minutes 30 seconds for 54.29 metres to the most western corner of portion 152d2; thence by the southwestern boundary of that portion bearing 126 degrees 57 minutes 50 seconds for 81.07 metres to the northwestern boundary of Mission Road; thence southwesterly by that road boundary bearing 230 degrees 33 minutes 10 seconds for 66.86 metres to the point of commencement.\n\n(L.S.) GIVEN under my Hand and the Great Seal of\n\nAustralia on 30 January 1986\n\nBy His Excellency's Command,\n\nBARRY COHEN\n\nMinister of State for Arts,\n\nHeritage and Environment\n\nGOD SAVE THE QUEEN!","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation performs exactly the function intended: creating a specific reserve. There is no scope creep or expansion beyond the original purpose of protecting this particular parcel of land."},"complexity_factors":["Single, straightforward administrative action with three clear components (declaration, naming, depth specification)","Only one substantive section with a simple schedule containing a land description","No defined terms, cross-references to other legislation sections, or conditional logic","Land description uses standard surveyor's bearings and distances but is otherwise uncomplicated","Historical legislative reference (National Parks and Wildlife Conservation Act 1975) is cited but not complex"],"plain_english_summary":"The proclamation formally establishes a 6,084 m² parcel on Norfolk Island as the Norfolk Island Botanic Garden and extends protection 1,000 metres below ground, preventing surface and subsurface development. It applies to anyone owning, managing or seeking to use that land and followed a Director of National Parks and Wildlife report.\n\nIts effect is to preserve that mapped site’s plants and environment under the national parks conservation framework (originally under the 1975 Act, referenced to later legislation)."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not extend or remove the underlying statutory powers; it effects a targeted change by declaring the specified land a Commonwealth reserve, assigning its name and fixing subsoil depth. It does not purport to alter other rights or broader statutory scope beyond that declaration."},"complexity_factors":["Statutory basis cited: made under National Parks and Wildlife Conservation Act 1975 (sub‑s 7(2), para 7(6)(a), s 7(11) referenced) — clear legal authority reduces ambiguity.","Precise cadastral description: metes-and-bounds description of portions 152d1 and 152e and stated area (6,084 m²) requires survey accuracy for implementation.","Subsoil specification: explicit inclusion of subsoil down to 1,000 metres adds mineral/extraction rights complexity for that depth.","Decision‑maker and process: Governor‑General acting with Federal Executive Council based on a Director's report — administrative chain is explicit.","Narrow operative effect: instrument is declaratory (creates a reserve and name) and does not set regulatory regimes or operational management rules.","Historical instrument (dated 30 Jan 1986): context may affect current dealings but does not on its face amend other statutes."],"plain_english_summary":"This proclamation mechanically declares portions 152d1 and 152e on Norfolk Island (about 6,084 m²) to be a Commonwealth reserve named `Norfolk Island Botanic Garden` and includes the subsoil down to 1,000 metres. It was made on the basis of a Director of National Parks and Wildlife report under the National Parks and Wildlife Conservation Act 1975 and changes land‑use authority for that parcel, affecting land users, developers and government managers by shifting permissions and constraining activities such as development or extraction."}},"importantCases":[],"_links":{"self":"/api/acts/environment-protection-and-biodiversity-conservation-act-1999-proclamation-norfolk-island-botanic-ga","history":"/api/acts/environment-protection-and-biodiversity-conservation-act-1999-proclamation-norfolk-island-botanic-ga/history","analysis":"/api/acts/environment-protection-and-biodiversity-conservation-act-1999-proclamation-norfolk-island-botanic-ga/analysis","conflicts":"/api/acts/environment-protection-and-biodiversity-conservation-act-1999-proclamation-norfolk-island-botanic-ga/conflicts","importantCases":"/api/acts/environment-protection-and-biodiversity-conservation-act-1999-proclamation-norfolk-island-botanic-ga/important-cases","documents":"/api/acts/environment-protection-and-biodiversity-conservation-act-1999-proclamation-norfolk-island-botanic-ga/documents"}}