{"id":"F2008B00733","name":"Environment Protection and Biodiversity Conservation Act 1999 - Proclamation - Norfolk Island National Park (30/01/1986)","slug":"environment-protection-and-biodiversity-conservation-act-1999-proclamation-norfolk-island-national-p","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":72054,"registerId":"commonwealth-F2008B00733-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 National Park (30/01/1986)","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 sub-section 7 (11) of the National Parks and Wildlife Conservation Act 1985, 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 park;\n\n(b) assign the name ‘Norfolk Island National Park’ to that park; 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 park as the depth to which the subsoil below that land shall be taken to be within that park.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nSCHEDULE\n\nDESCRIPTION OF AREA OF PARK\n\nAll that parcel of land situated in Norfolk Island containing an area of 480.1 hectares more of less: COMMENCING at a point being the intersection of the northeasterly prolongation of the northwestern boundary of portion 104a with high-water mark South Pacific Ocean; thence by that prolongation and the northwestern boundary of portion 104a bearing 209 degrees 09 minutes 10 seconds for about 325 metres in all to the westernmost corner of portion 104a; thence by the southwestern boundary of that portion bearing 119 degrees 09 minutes 10 seconds for 460.15 metres to the northwestern boundary of a road; thence by that road boundary bearing 208 degrees 53 minutes 50 seconds for 39.6 metres to the northeastern corner of portion 104c2; thence by the northwestern boundary of that portion bearing 242 degrees 19 minutes for 215.31 metres to the northeastern corner of portion 122e; thence by the northeastern boundaries of that portion and portions 122d2 and 122d1 bearing 299 degrees 13 minutes 10 seconds for 114.66 metres in all to the northernmost corner of portion 122d1; then by the northwestern boundary of that portion and its prolongation across Red Road being 209 degrees 01 minutes 30 seconds for 466.295 metres in all to a point on the southwestern boundary of Red Road; thence generally southeasterly by that road boundary bearing 130 degrees 27 minutes 30 seconds for 36.095 metres 119 degrees 32 minutes 30 seconds for 42.29 metres 100 degrees 10 minutes 30 seconds for 9.4 metres to the northwestern boundary of J. E. Road; thence generally southwesterly and southerly by that road boundary bearing 225 degrees 18 minutes 30 seconds for 24.84 metres 198 degrees 50 minutes 30 seconds for 37.71 metres 165 degrees 20 minutes 30 seconds for 106.83 metres 140 degrees 25 minutes 30 seconds for 4.78 metres to the northernmost corner of portion 136k; thence by the northwestern boundaries of that portion and portion 136o bearing 226 degrees 27 minutes 40 seconds for 591.33 metres in all to the eastern boundary of Selwyn Pine Road; thence generally northwesterly by that road boundary bearing 339 degrees 34 minutes 40 seconds for 49.045 metres 344 degrees 48 minutes 40 seconds for 118.89 metres 310 degrees 10 minutes 40 seconds for 50.12 metres 329 degrees 25 minutes 40 seconds for 86.3 metres 344 degrees 32 minutes 40 seconds for 39.15 metres; thence across Selwyn Pine Road bearing 254 degrees 32 minutes 40 seconds for 12.07 metres to the northernmost corner of portion 156b1; thence by part of the northwestern boundary of that portion bearing 226 degrees 21 minutes for 22.83 metres to the easternmost corner of portion 154c2; thence by the eastern boundary the northwestern boundary and part of the southwestern boundary of that portion bearing 344 degrees 32 minutes 40 seconds for 98.37 metres 18 degrees 13 minutes 40 seconds for 64.39 metres 351 degrees 19 minutes 40 seconds for 50.73 metres 226 degrees 21 minutes 50 seconds for 456.07 metres 136 degrees 21 minutes 50 seconds for 20.11 metres to the northernmost corner of portion 154h; thence by the northwestern boundaries of that portion and portion 154g bearing 226 degrees 18 minutes 10 seconds for 464.24 metres in all to the eastern boundary of Mount Pitt Road; thence generally northerly by that road boundary bearing 314 degrees 13 minutes 50 seconds for 29.365 metres 342 degrees 36 minutes 50 seconds for 37.175 metres 359 degrees 14 minutes 30 seconds for 50.82 metres 346 degrees 13 minutes 30 seconds for 24.745 metres 358 degrees 45 minutes 30 seconds for 38.605 metres 341 degrees 32 minutes for 60 metres 314 degrees 22 minutes for 50.56 metres 346 degrees 14 minutes for 47.99 metres 8 degrees 36 minutes for 51.08 metres 350 degrees 55 minutes for 64.91 metres 349 degrees 32 minutes for 24.27 metres; thence across Mount Pitt Road bearing 259 degrees 32 minutes for 12.07 metres to the northernmost corner of portion 128e; thence by the northwestern boundaries of that portion and portion 128f bearing 218 degrees 42 minutes 20 seconds for 482.56 metres in all to the northeastern boundary of portion 175c; thence by part of that boundary and the northwestern boundaries of that portion bearing 307 degrees 56 minutes for 51.63 metres 222 degrees 25 minutes 20 seconds for 159.1 metres 149 degrees 01 minutes 30 seconds for 62.44 metres 221 degrees 56 minutes 40 seconds for 47.85 metres 202 degrees 29 minutes 15 seconds for 103 metres 206 degrees 07 minutes for 34.44 metres 254 degrees 19 minutes 50 seconds for 81.6 metres 329 degrees 47 minutes 10 seconds for 94.55 metres 13 degrees 08 minutes 30 seconds for 156.46 metres 234 degrees 26 minutes 10 seconds for 155.88 metres 270 degrees 57 minutes 10 seconds for 67.32 metres to the northernmost corner of a road; thence by the northern boundaries of that road bearing 271 degrees 37 minutes 40 seconds for 180.2 metres 249 degrees 42 minutes 40 seconds for 170.24 metres 281 degrees 50 minutes 40 seconds for 41.3 metres 300 degrees 31 minutes 40 seconds for 50.69 metres to the southeastern corner of portion 140b; thence by the southeastern boundary of that portion bearing 42 degrees 05 minutes 30 seconds for 334.71 metres to the easternmost corner of that portion thence by the northeastern boundaries of that portion, a road and portion 124 bearing 311 degrees 53 minutes 30 seconds for 658.9 metres in all; thence by part of the northwestern boundary of portion 124 bearing 246 degrees 32 minutes 50 seconds for 40.15 metres to the eastern boundary of Anson Bay Road; thence generally northerly by that road boundary bearing 18 degrees 29 minutes 10 seconds for 170.87 metres 3 degrees 49 minutes 10 seconds for 142.39 metres 357 degrees 47 minutes 30 seconds for 76.1 metres 32 degrees 11 minutes for 248.91 metres 358 degrees 46 minutes 10 seconds for 32.805 metres to its intersection with the southeastern boundary of Bullocks Hut Road; thence generally northeasterly by that road boundary bearing 59 degrees 21 minutes 50 seconds for 212.87 metres 52 degrees 40 minutes 50 seconds for 478.94 metres to the southern boundary of Duncombe Bay Road; thence generally easterly and northeasterly by that road boundary bearing 95 degrees 05 minutes 30 seconds for 28.215 metres 97 degrees 20 minutes 10 minutes 40.45 metres 86 degrees 18 minutes 10 seconds for 87.46 metres 97 degrees 00 minutes 10 seconds for 65.79 metres 147 degrees 28 minutes 10 seconds for 68.12 metres 116 degrees 47 minutes 10 seconds for 51.96 metres 59 degrees 51 minutes 10 seconds for 75.16 metres 334 degrees 39 minutes 10 seconds for 99.36 meters 99 degrees 40 minutes 10 seconds for 88.64 metres 355 degrees 37 minutes 10 seconds for 98.25 metres for 24 degrees 28 minutes 10 seconds for 68.23 metres; thence across Duncombe Bay Road bearing 64 degrees 13 minutes 20 seconds for 23.495 metres to the northeastern boundary of a road; thence northwesterly by that road boundary bearing 302 degrees 26 minutes for 525.67 metres to the southernmost corner of portion 100f; thence by the southeastern boundary of that portion and its northeasterly prolongation bearing 32 degrees 26 minutes for about 525 metres in all to high-water mark South Pacific Ocean; thence generally easterly and southeasterly by that high-water mark 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":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This proclamation implements the statutory power to declare a national park: it gives park status, a name, sets a detailed boundary and includes the subsoil to a depth of 1,000 metres. That is consistent with the ordinary and stated purpose of declaring a park under the cited Act. It does not, on its face, broaden the instrument's purpose beyond declaring and defining the park area; it does not add substantive regulatory regimes or new classes of powers beyond those provided for by the enabling Act."},"complexity_factors":["Operative instrument is short and contains three clear operative steps (declare park, assign name, specify subsoil depth).","Single technical Schedule: long metes-and-bounds boundary description (many bearings, distances and references to portion numbers and roads).","Cross-references to the National Parks and Wildlife Conservation Act 1985 (subsections 7(2), 7(6)(a) and 7(11)) but no internal definitions or multiple parts.","No layered conditional logic, exceptions, or multiple schedules; the only substantive non-obvious element is the 1,000 metre subsoil specification.","Administrative provenance is explicit (Governor-General on Federal Executive Council advice following Director's report), reducing interpretive ambiguity about authority to make the proclamation."],"plain_english_summary":"**What this proclamation does (mechanics)\n\n- Declares a specific parcel of land on Norfolk Island to be a national park and gives it the name “Norfolk Island National Park.” (Operative steps (a) and (b) of the instrument.)\n- States that, for the declared park, the subsoil beneath any land in the park is to be taken as part of the park down to a depth of 1,000 metres below the surface. (Operative step (c).)\n- Fixes the park’s boundary by a detailed metes-and-bounds description in the Schedule — a point-by-point description of the perimeter using property portions, roads, bearings and distances.\n- Is made by the Governor‑General acting on the advice of the Federal Executive Council and after consideration of a report by the Director of National Parks and Wildlife, pursuant to provisions of the National Parks and Wildlife Conservation Act 1985 (the specific statutory subsections cited in the instrument are 7(2), 7(6)(a) and 7(11)).\n\nWho is directly affected\n\n- Land within the described parcel: the legal status of that land is changed to park land, bringing it within the statutory regime that applies to parks under the referenced Act.\n- Any current or prospective users of that land (owners, occupiers, businesses, developers, miners, utility providers, and persons seeking permits) will be affected because park status typically limits allowable uses and requires compliance with the Act and any management rules made under it.\n- The Commonwealth (through the relevant park management authority) becomes the decision-maker responsible for park management and enforcement under the enabling Act.\n\nWhy it matters (practical effects and legal consequences)\n\n- Park status attaches a conservation/management legal regime to the land: activities inconsistent with that regime will require approval or be prohibited under the enabling Act. This changes what private parties may lawfully do on or under the land.\n- Specifying the subsoil to 1,000 metres brings subsurface rights and activities (for example, exploration or extraction) within the park boundary as defined by this instrument — those activities will therefore be subject to the park legal regime. The proclamation does not itself set detailed rules or penalties, but it places the area within the scope of the Act that does.\n- The precise survey description in the Schedule is intended to reduce boundary uncertainty, but the long technical metes-and‑bounds text makes practical interpretation dependent on cadastral maps, surveys and possibly contemporaneous land title records.\n\nOfficial purpose-claim and assessment against practical trade-offs\n\n- The instrument records that it was made after the Director of National Parks and Wildlife provided a report and in exercise of the statutory power to declare parks. The explicit purpose-claim is to create and name a national park and define its vertical extent. (See references to sub-sections 7(2), 7(6)(a) and 7(11) of the National Parks and Wildlife Conservation Act 1985.)\n\n- Testing that claim against implementation costs and incentives:\n  - Who pays: management and upkeep costs of the park are ordinarily borne by the Commonwealth (or its delegated park authority); compliance costs fall on land users and owners who must change or cease activities inconsistent with park management. The proclamation itself does not specify compensation, so any compensation obligations would depend on the enabling Act or separate agreements.\n  - Behaviour changes: private parties with interests in the land or subsoil will face limits on development and resource access; they will need to seek approvals under the applicable park/regulatory regime if activities are to continue. This creates an opportunity cost (foregone alternative uses) for those parties.\n  - Bureaucratic discretion and implementation risk: the instrument delegates operational decisions (management, permitting, enforcement) to the statutory regime; outcome depends on how the administering authority applies the Act. The long boundary description reduces some uncertainty, but precise implementation requires up-to-date cadastral interpretation.\n  - Market effects: by bringing the surface and subsoil within park controls, the proclamation can restrict resource extraction and development opportunities on those parcels; that may affect property values, commercial plans, or contract obligations tied to those parcels. Those effects are concentrated on owners/users; costs are dispersed across potential applicants and the public budget for management.\n\nPractical note on legal operation\n\n- The proclamation is narrowly targeted: it does not list prohibitions, regulations, or management actions. Instead it changes legal status and physical scope (including subsurface to 1,000 metres), thereby making the land subject to the park provisions of the enabling Act. Anyone impacted must consult the relevant park rules and the administering authority for the concrete permissions and prohibitions that follow from park status.\n\n(References: operative text declaring the park and naming it; the Schedule giving the metes-and-bounds boundary; operative clause specifying subsoil to 1,000 m; references to subsections 7(2), 7(6)(a) and 7(11) of the National Parks and Wildlife Conservation Act 1985.)"},"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":3,"scope_assessment":{"changed":false,"description":"This is a historical proclamation from 1986 that performed exactly its intended function: declaring a specific area as a national park with defined boundaries. It has not expanded beyond its original purpose."},"complexity_factors":["Single-purpose instrument with straightforward declaratory structure (three simple operative paragraphs)","Extensive Schedule containing detailed cadastral survey description with 70+ boundary segments using compass bearings and distances","References to repealed legislation (National Parks and Wildlife Conservation Act 1985) requiring historical context to understand current legal status","No defined terms, conditional logic, or cross-references within the instrument itself","Length inflated by technical land surveying notation rather than legal complexity"],"plain_english_summary":"This proclamation declares about 480.1 hectares of land on Norfolk Island as \"Norfolk Island National Park,\" placing it under national park protection and management. The park’s protection extends 1,000 metres below the surface, restricting mining and major development. It affects landowners, developers, visitors, and the Australian government by subjecting the area to strict conservation rules and park management."}},"importantCases":[],"_links":{"self":"/api/acts/environment-protection-and-biodiversity-conservation-act-1999-proclamation-norfolk-island-national-p","history":"/api/acts/environment-protection-and-biodiversity-conservation-act-1999-proclamation-norfolk-island-national-p/history","analysis":"/api/acts/environment-protection-and-biodiversity-conservation-act-1999-proclamation-norfolk-island-national-p/analysis","conflicts":"/api/acts/environment-protection-and-biodiversity-conservation-act-1999-proclamation-norfolk-island-national-p/conflicts","importantCases":"/api/acts/environment-protection-and-biodiversity-conservation-act-1999-proclamation-norfolk-island-national-p/important-cases","documents":"/api/acts/environment-protection-and-biodiversity-conservation-act-1999-proclamation-norfolk-island-national-p/documents"}}