Part 17 of the EPBC Regulations provides for permits to be issued, subject to conditions, for activities that are otherwise prohibited.
Resources are needed to ensure adequate levels of training and enforcement.
Effective working relationships with neighbouring compliance agencies need to be established and maintained.
Vandalism and break-ins at carparks are continuing issues.
9.7.1 Compliance and enforcement effort will reflect analysis of the risks, zoning priorities and visitation levels.
9.7.2 Provide an appropriate number of authorised and trained park staff at all times to undertake compliance activities under relevant legislation to protect flora and fauna, including incidents involving marine mammals.
9.7.3 Appropriate training will be provided to staff to ensure they understand and can adequately operate in the legal framework under which the park operates. Emphasis will be placed on providing appropriate training in relevant legislation and practical law enforcement for field staff. Specialist staff or other experts will be seconded as necessary for training park staff.
9.7.4 Rangers and wardens shall take an educational approach to enforcement, ensuring park users are aware of the reasons behind park regulations and are given appropriate warnings and information.
9.7.5 Prepare compliance and enforcement priorities annually for consideration by the Board.
9.7.6 Regularly review law enforcement incidents such as car break-ins and consider the levels and risks of incidents in preparing compliance and enforcement priorities (see Section 9.7.5). Continue to improve security arrangements in consultation with relevant authorities including the Australian Federal Police, Jervis Bay Marine Park and NSW National Parks and Wildlife Service.
9.7.7 Undertake regular marine and terrestrial patrols and spot checks of visitors to the park by appropriately trained and qualified park staff to ensure that the relevant regulatory requirements are being met. Enforcement effort shall reflect the annual compliance and enforcement priorities agreed to by the Board.
9.8 How proposals will be evaluated
Park management activities meet legal requirements, conform to the highest practicable environmental standards and maintain the park’s natural and cultural integrity.
The Director is responsible for managing the park under the EPBC Act. The Act and Regulations prescribe the way matters that have the potential to impact on the physical and cultural environment, are progressed. In addition, under the Lease, the Director is obliged to promote and protect the interests of the Wreck Bay Aboriginal Community, and to protect sacred sites, areas and things of significance to the Community, as well as protecting the listed heritage values of the area.
Part Part 17 - Approval of the Booderee National Park Management Plan 2015-2025 - of the EPBC Regulations provides for permits to be issued, subject to conditions, for activities that are otherwise prohibited. | Zoe
As noted in Section 2.4, Legislative Context, actions that could have a significant environmental impact on the park may trigger the assessment and approval provisions of the EPBC Act and may be ‘controlled actions’.
Where the Director considers that a proposed action may be a controlled action in relation to the park the Director may refer the proposal to the Minister under s.71 of the EPBC Act for a decision whether or not the action is a controlled action. Proposed actions in the park that are not controlled actions under the EPBC Act may still be subject to environmental assessment by the Director and park staff in accordance with the guidelines (see Table 8) and prescriptions established by this plan.
Assessment of proposals by staff can require significant resources.
Some assessments may require independent review.
9.8.1 As part of the planning process, major proposals and major park management activities will be assessed in accordance with guidelines established by this plan (see Table 8).
9.8.2 Any proposals that may have a potential impact on the interests of the Wreck Bay Aboriginal Community will be referred to the Council for consideration and advice.
9.8.3 Any proposals relating to the marine component of the park will be referred to Defence and the NSW Marine Parks Authority for consideration and advice.
9.8.4 The Director may require that an independent third party carry out environmental assessment processes.
9.8.5 Proposed actions that may be a controlled action under the EPBC Act will be referred to the Minister in accordance with procedures under the Act.
9.8.6 Environmental assessment of actions that are not a controlled action under the EPBC Act will be in accordance with the requirements of this plan. The Park Manager will refer Category 3 matters to the Board (see Table 8).
9.8.7 As a priority, in the first year of the plan, develop guidelines which assist in assessing the Community benefit test for the approval of the Board.
9.8.8 Early in the life of this plan review and update environmental assessment guidelines with which all contractors working in the park must comply and provide the guidelines to other parties responsible for land management and development in the Territory.
9.9 Resource use in park operations
The park’s ecological footprint is minimised as far as practicable through the wise use and management of available resources.
The Director supports environmental best practice principles on the use of resources and management of waste products in the park. These principles are consistent with the need to conserve the park’s natural and cultural values as well as meeting broader commitments to reduce greenhouse gas emissions.
Fresh water is a particularly limited commodity in the park and accordingly water use requires special attention. Measures that focus on energy and water conservation, recycling and waste minimisation are also required to reduce resource use in park operations.
There is a need to improve understanding of the size and nature of the park’s carbon footprint to allow performance to be measured and improved over time.
There is potential to improve waste management (including recycling), water use and energy efficiency in park operations.
9.9.1 Recycled and renewable resources, and technologies that minimise environmental impacts and reduce energy and water consumption, will be used within the park where possible.
9.9.2 New infrastructure will as far as possible aim for maximum energy efficiency ratings.
Table 8: Guidelines for environmental assessment requirements
| Category 1 |
| Activities that have little or no impact on the park’s natural and cultural heritage and/or have no impact on the interests of the Wreck Bay Aboriginal Community. These include:<br>routine maintenancerepairing and replacing existing structures in their present formimprovements to mitigate environmental damageinstalling signs.<br>Activities in this category are unlikely to require formal environmental assessment. |
| Category 2 |
| Activities that have an impact on the park’s natural and cultural heritage at a local level and/or that may have an impact on the interests of the Wreck Bay Aboriginal Community. These include:<br>establishing new facilitiesconstructing walking tracks and carparksupgrading facilitiesminor realigning or minor upgrading of existing roadsmaintenance that requires importing organic materialany activity in endangered species habitatsome commercial activitiesactivities which may result in changes to local water flow and environmental systems.<br>Activities in this category require formal environmental assessment and may require the Board’s approval. Generally, such assessments will be carried out by park staff. |
| Category 3 |
| Activities that would be likely to have a major impact on the park’s natural and cultural heritage and/or significantly alter visitor use, and/or are a major departure from the existing facilities or services in the park and/or have an impact on the interests of the Wreck Bay Aboriginal Community. These include:<br>major realignment of existing roads or tracksestablishing major infrastructureconstructing new roads and servicesestablishing new types of commercial activities (see also Section 7.9).<br>Detailed environmental assessment is required for all activities in this category. Activities in this category will require the Board’s approval and will take into account the views of the Council. |
9.9.3 Investigate options for using the best available energy and water efficient technologies in the development of new infrastructure, and in existing infrastructure where possible and as needed.
9.9.4 Investigate, and where feasible implement, cost effective measures to reduce greenhouse gas emissions in park operations.
9.9.5 Work with other organisations, suppliers, contractors and other relevant people to minimise environmental impacts by:
(a) promoting and implementing best practice environmental work practices and activities in the park
(b) complying with park environmental management plans and relevant government policy and legislation, including toxic and hazardous waste disposal requirements.
9.10 Subleases, licences and associated occupancy issues
Subleases, licences and the management of associated occupancy issues are provided for appropriately.
As noted elsewhere in this plan, the park is Aboriginal-owned land under the Land Grant Act and is leased to the Director.
Section 358(2) of the EPBC Act allows the Director to grant a sublease or licence relating to land in the park provided it is in accordance with a management plan. In addition, the Lease requires the Director to have the written agreement of the Council before granting any sublease or licence.
The Lease provides for ongoing use of the park by the Wreck Bay Aboriginal Community, including to reside in the park (at locations specified in the management plan) subject to any limitations prescribed by the plan.
The Lease also provides that subleases and licences of land may be granted to Community members, provided the request is made by the Council on behalf of the person.
During the life of the plan it may be appropriate to consider granting subleases and licences of land in the park for other purposes, e.g. to new and emerging business enterprises or to utility providers (for areas of land containing cables and pipes for electricity, gas, water or communication services).
Leases, subleases, licences and other occupancies need to be established and maintained to appropriate standards, including minimising impacts on park values.
In order to help support Council interests (and minimise impacts on the park) rights to occupy and use land in the park should be formalised as far as possible.
9.10.1 The Director may, with the written consent of the Council and approval of the Board, grant subleases and licences relating to land in the park, including:
(a) granting subleases or licences for exclusive-use commercial activities approved by the Board; and
(b) granting a sublease to the Council or other entity.
9.10.2 Decisions about subleases and licences will take into account the impact assessment of the proposal under Section 9.8, How proposals will be evaluated.
9.10.3 The Director, in consultation with the Board, may determine the rent/occupation fee for each sublessee or licensee and the length of any sublease or licence.
9.10.4 Subleases and licences will:
(a) be consistent with the conditions of the Lease between the Council and the Director
(b) clearly define the area covered by the sublease or licence
(c) include provisions for minimising impacts on park values
(d) include environmental protection measures including, where necessary, waste management.
9.10.5 Monitor and take appropriate action to ensure that occupation and use of land in the park have minimal impact on park values.
9.11 New activities not otherwise provided for in this plan
The Director and the Board are able to respond to new issues and proposals consistent with this plan, the EPBC Act and EPBC Regulations.
This plan sets out how the park will be managed for a period of ten years. During that time, circumstances may arise or proposals be brought forward for actions which were not foreseen at the time the plan was prepared and which require the Director to take actions that are not covered by specific prescriptions in this plan.
As noted in Section 2.4, Legislative Context, under ss.354 and 354A of the EPBC Act certain types of actions can only be taken if they are authorised by this plan (including acts in relation to native species, works, and actions for commercial purposes). The Director is required by the EPBC Act (s.362) to exercise the Director’s powers (for example, to issue permits and to perform the Director’s functions) so as to give effect to the plan.
This management plan needs to enable appropriate actions to be taken and authorised that are not otherwise specified because they were not foreseen at the time of the plan’s preparation.
9.11.1 The Director may take actions that are not covered by specific prescriptions in this plan, including actions covered by ss.354 and 354A of the EPBC Act.
9.11.2 The Director may authorise (whether by permit, contract, lease or licence) actions by other persons that are not covered by specific prescriptions in this plan, including actions covered by ss.354 and 354A of the EPBC Act.
9.11.3 Except in cases of emergency, the decision-making and evaluation of proposals processes prescribed in Sections 4.1 and 9.8 of this plan apply to actions under this Section.
9.12 Implementation and evaluation
Progress in implementing the plan is evaluated and a final technical audit is conducted.
Plan implementation
It is the Director’s responsibility under s.514B of the EPBC Act to administer, control, protect, conserve and manage biodiversity in Commonwealth reserves. Funds for the management of the park are allocated from the Australian National Parks Fund as provided for by the EPBC Act. The Director is also subject to the requirements of Public Governance, Performance and Accountability Act 2013 as well as other relevant legislative requirements and government policies.
Under s.356A of the EPBC Act the Director may collect charges for activities undertaken in Commonwealth reserves, subject to the Minister’s approval. Park-use fees were first introduced in 1993 and fees are also levied for camping and some other activities.
Park staff are responsible for managing the park’s budget in accordance with the Chief Executive Instructions and policies of the Director and relevant government policies. Park funds are principally expended in implementing this plan.
At the time of preparing this plan, the majority of park staff are employees of the Department of the Environment. The department has a hierarchy of linked strategic plans aimed at implementing the government’s priorities and meeting legislative requirements. These are the Departmental Strategic Plan, Portfolio Budget Statements, the Parks Australia Divisional Plan and individual performance and development plans, as well as this plan. The department provides learning and development opportunities for staff related to their agreed work plans and career development.
Staffing structures and numbers in the park continue to change over time, reflecting changes in management approaches and the development of joint management, particularly in regard to the requirements under the Lease to provide employment opportunities for traditional owners. Future management of Booderee requires staff trained in protected area management able to support transition towards sole management.
Plan evaluation
Two of the Board’s primary functions are to make decisions relating to the park’s management consistent with this plan and, in conjunction with the Director, to monitor the park’s management. Parks Australia’s Strategic Planning and Performance Assessment Framework is used to help monitor and improve the management of Commonwealth reserves.
The prescriptions contained in this plan are based on achieving key result area outcomes and meeting government legislative requirements (including EPBC Act requirements and the Director’s Lease obligations) that deal with specific attributes and issues related to the park’s management. The plan includes performance indicators to allow assessment and reporting against relevant key result areas (Table 9).
During the life of the first plan, park staff were active in developing a system for the implementation of management plans via a database which tracked progress against all prescriptions contained in the first plan; this system has subsequently been adopted in other Commonwealth reserves.
Adequate resources are needed to enable implementation of the plan.
The Board needs clear, accurate and regular information to enable it to effectively monitor and evaluate implementation of this plan, and advise on adapting management directions.
9.12.1 Sufficient funds to effectively implement this plan will be sought.
9.12.2 Priorities for implementing the actions in this plan will be determined by the need to:
(a) protect and promote the natural and cultural heritage values of the park
(b) ensure visitor safety
(c) provide benefits to the traditional owners
(d) ensure cost effectiveness.
9.12.3 Park work programs, expenditure, staff learning and development plans, staff training and development activities will focus on implementing this plan and any other priorities as determined by the Board.
9.12.4 The performance indicators described in Table 9 will provide the basis for assessing and reporting on performance in implementing this plan (see also Sections 4.1.10, 6.7.19, 6.8.16, 6.10.18 and 7.4.7).
9.12.5 Revenue-raising activities will:
(a) be consistent with the aims of this plan
(b) be consistent with the values of the park
(c) not be at the expense of conservation programs in the park
(d) complement Council revenue-raising activities where appropriate
(e) directly benefit the traditional owners.
9.12.6 Report regularly to the Board on the implementation of this plan and on park expenditure in a manner requested by the Board and consistent with any government requirements.
9.12.7 Develop an implementation schedule for this plan and use it to determine and report on annual priorities and work plans.
9.12.8 Following consultation with relevant stakeholders, develop and/or periodically review park policies and operational procedures and present them to the Board for consideration.
9.12.9 Regularly review park entry and use fees during the life of this plan and, in accordance with the EPBC Act, submit recommended revisions to the Minister for approval.
9.12.10 Before preparing the third plan, prepare and present to the Board a technical audit of this plan. The audit will include but may not be limited to:
(a) consideration of each prescribed management policy and action and whether or not it was successfully implemented
(b) evaluation of the performance of each prescribed policy and action in relation to the aim or aims it was intended to serve
(c) in the case of any prescribed policy or action that was not implemented, or which failed to achieve the desired aim, determination of the cause
(d) reporting of the audit results to the Board, together with an overall assessment of the delivery of the plan in relation to its objectives
(e) recommendations to the Director and to the Board regarding any changes to aims, policies and actions that should be considered during the preparation of the third plan.
Table 9: Performance indicators
| Section of the plan | Measure | Minimum frequency of reporting to Board |
| Joint management | Traditional owners’ level of satisfaction in relation to implementation of the plan and the Training Strategy and conduct of Community liaison activities | Annually |
| Working towards sole management | Between 80% and 100% of all park functions are managed by Wreck Bay Aboriginal Community Council within five years of the commencement of this planImproved ratio of Indigenous employees (employed directly and under contract) to non-Indigenous employees | Annually <br>Annually |
| Looking after culture and country<br> | Degree of management compliance with the relevant Australian IUCN reserve management principlesImproved trends in plant species diversity in selected fire sensitive vegetation communitiesImproved trends in population of selected threatened and significant speciesReduction in trends for distribution and abundance of selected invasive speciesWithin the first year of this plan an appropriate cultural heritage strategy is developed for consideration by the Board.Traditional owners’ level of satisfaction with implementation of cultural heritage strategies and cultural site management. | Annually <br>Annually <br>Annually <br>Annually <br>12 months after commencement of plan<br>Annually |
| Visitor management and park use | Trends in visitor numbersTrends in visitor revenue yieldLevels of visitor satisfactionLevels of satisfaction of traditional owners with the park’s tourism directions | Annually<br>Annually<br>Two-yearly survey<br>Annual survey |
| Stakeholders and partnerships | Cooperative written agreements between the park and relevant stakeholders, neighbours and partners are established and maintainedCompliance with established agreements | Annually <br>Annually |
| Business management | 95% compliance with an implementation plan for this management planEffectiveness in implementation of management plan | Annually <br>End of plan technical audit |
Commonwealth Heritage values of Booderee National Park
Disclaimer: The following statements of significance and values reflect the official record on the Australian Heritage Database at the time of preparing this plan and may contain information that is no longer current or has been superseded. Further information on the Commonwealth Heritage list can be obtained from:
Jervis Bay Botanic Gardens (Booderee Botanic Gardens)
The Booderee Botanic Gardens, formerly known as the Australian National Botanic Gardens at Jervis Bay, are important to the Wreck Bay community who have strong cultural and traditional ties to the area. The gardens were returned to the community in 1995. (Criterion A4)
It is important as an example of a mid twentieth century Australian Botanic Garden established to propagate and display Australian native plants in a naturalistic style (Criterion D2). Australian Historic Themes: 8.1.3 Developing Public Parks and Gardens, 8.10.5 Advancing knowledge in science and technology.
The gardens provide a research and teaching site based on an extensive living collection that is linked to the Australian National Herbarium in Canberra, with an emphasis on the flora of the New South Wales South Coast. (Criterion C.2)
The gardens have aesthetic significance, based on the visual effects of the white trunked eucalypts, the tree framed internal views within the garden, the textures of the rock outcrops, heathlands and other vegetation. (Criterion E1)
The place has significant heritage value because of the place’s importance in the course, or pattern, of Australia’s natural or cultural history
The Booderee Botanic Gardens, formerly known as the Australian National Botanic Gardens at Jervis Bay, are important to the Wreck Bay community who have strong cultural and traditional ties to the area. The gardens were returned to the community in 1995.
Attributes - the whole gardens.
The place has significant heritage value because of the place's potential to yield information that will contribute to an understanding of Australia's natural or cultural history
The gardens provide a research and teaching site based on an extensive living collection that is linked to the Australian National Herbarium in Canberra, with an emphasis on the flora of the New South Wales South Coast.
Attributes - the living collection that is linked to the Australian National Herbarium.
Criterion: D
The place has significant heritage value because of the place’s importance in demonstrating the principal characteristics of:
a class of Australia’s natural or cultural places; or
a class of Australia’s natural or cultural environments
It is important as an example of a mid-twentieth century Australian Botanic Garden established to propagate and display Australian native plants in a naturalistic style.
Attributes: the whole of the gardens including endemic and introduced plants, the freshwater lake, walkways plus interpretation and public facilities.
Criterion: E
The place has significant heritage value because of the place's importance in exhibiting particular aesthetic characteristics valued by a community or cultural group
The gardens have aesthetic significance, based on the visual effects of the white trunked eucalypts, the tree framed internal views within the garden, the textures of the rock outcrops, heathlands and other vegetation.
Attributes - all the features noted above.
Condition and Integrity
In good condition.
Cape St George Lighthouse Ruins and Curtilage
The Cape St George Lighthouse ruins, built in 1859, are significant for their association with the development and establishment of navigational aids along the Australian coastline. Its construction is associated with the 1856 Lighthouse Commission which created the first Inter-colonial Agreement on the provision of lights around Australia (Criterion A.4). The ruins of the lighthouse and associated buildings are significant as an integral part of Australia's maritime history, because of their original incorrect siting.
The ruins, despite their short working life, are significant for providing important information in the interpretation and understanding of an important phase in Australia's history (Criteria A.4 and C.1). The ruins, situated on a high clifftop, are significant for their aesthetic value. The fact that the lighthouse was incorrectly sited, the subsequent abandonment of the place and its reduction to a ruin add to its historical and landmark significance (Criterion E.1). The Lighthouse ruins are of historical significance as evidence of the settlement around it, which was the first on the Bherwerre Peninsula (Criterion A.4).
The place has significant heritage value because of the place’s importance in the course, or pattern, of Australia’s natural or cultural history
The Cape St George Lighthouse ruins, built in 1859, are significant for their association with the development and establishment of navigational aids along the Australian coastline. Its construction is associated with the 1856 Lighthouse Commission, which created the first Inter-colonial Agreement on the provision of lights around Australia.
The Lighthouse ruins are of historical significance as evidence of the settlement around it, which was the first on the Bherwerre Peninsula. The ruins of the lighthouse and associated buildings are significant as an integral part of Australia's maritime history, because of their original incorrect siting.
Attributes - the location of the ruin and all of the remnant fabric.
The place has significant heritage value because of the place's potential to yield information that will contribute to an understanding of Australia's natural or cultural history
The ruins, despite their short working life, are significant for providing important information in the interpretation and understanding of an important phase in Australia's history.
Attributes - the location of the ruin and all of the remnant fabric.
Criterion: E
The place has significant heritage value because of the place's importance in exhibiting particular aesthetic characteristics valued by a community or cultural group
The ruins, situated on a high clifftop, are significant for their aesthetic value. The fact that the lighthouse was incorrectly sited, the subsequent abandonment of the place and its reduction to a ruin add to its historical and landmark significance.
Attributes - the visual prominence of the site.
Condition and Integrity
The ruins are currently in an advanced state of deterioration due to damage caused during its bombing and subsequent erosion of the exposed interior sandstone walls of the buildings. None of the buildings have any roofing or flooring and the eastern face of the lighthouse building is extensively damaged. Much of the site has been overgrown by Lomandra and Leptospermum. A wire mesh fence has been erected around the ruins to exclude the public, but this has been breached in places and the gates have been forced open at times. The site is currently unsafe for visitors and subject to vandalism. (1992).
Jervis Bay Territory
The Commonwealth owned Jervis Bay Territory, including Bherwerre Peninsula, Bowen Island, and that part of Jervis Bay from Captains Point to Bowen Island, occurs near the southern boundary of the Hawkesbury Sandstone. Accordingly it has a high diversity of plants and represents a northern or southern distribution limit for 33 species of plants. There are 625 indigenous plant species in the place, occurring in 38 communities on Bherwerre Peninsula and 14 communities on Bowen Island. Dominant vegetation types include forests, woodlands, heathlands and shrublands. The place includes well preserved examples of mangrove, saltmarsh and littoral rainforest communities.
The area is home to the Koori people of Wreck Bay who have always lived in, and have strong cultural ties to, the area. These cultural ties are evidenced today through oral traditions, the knowledge and practice of the use of natural resources for food and the making of utensils and crafts, and in the respect for country. Through strong family ties, Koori people of Wreck Bay have maintained their traditional association with the area by passing on the ancestral stories and creation stories relating to the area. Parents recite such stories today to their children.
The place contains a large number of prehistoric Aboriginal sites. Rock shelters, stone-flaking sites and axe-sharpening grooves and shell middens demonstrate the length of Aboriginal occupation of the area. Ceremonial BUNAAN or BORA grounds, used for initiation, are known only from the immediate hinterland of Wreck Bay, and nearly all known grinding groove sites are in the catchments of Mary and Summercloud Bays. These sites demonstrate past cultural practices and are important to the Wreck Bay community.
The fish bones and fishing implements in the middens document changing fishing practices over the last 3,000 years. There is a concentration of middens towards the eastern end of Wreck Bay. The high density of midden sites in this area reflects the preferred fishing zones of the present community demonstrating a continuity of use despite changing lifestyles. The continuing importance of marine resources to the Wreck Bay Community is also reflected in their choice of Booderee, an Aboriginal word from the Dhurga language meaning 'bay of plenty' or 'plenty of fish', as the name for the jointly managed National Park.
The clear waters of Jervis Bay Territory support substantial beds of seagrass strapweed (Posidonia australis) west of Bowen Island and along the northern shore of Bherwerre Peninsula. The beds are significant in terms of macroinvertebrate species richness and provide a valuable nursery, spawning ground and feeding ground for many fish species.
The bay itself is an unusual geological formation, formed by downfolding of the earth's crust and subsequent flooding as sea levels rose. This is in marked contrast to other bays of comparable size in eastern Australia, which were formed by the flooding of river valleys. The coastline of Jervis Bay Territory is noted for the variety of marine environments, including the highest sea cliffs found along the New South Wales coast (135m at Steamers Beach), sea caves, vertical gutters, intertidal rock platforms, deepwater seagrass beds and sub littoral rocky reefs.
The Jervis Bay Territory supports a high number of significant fauna species, including the nationally endangered eastern bristle bird (Dasyornis brachypterus), Gould’s petrel (Pterodroma leucoptera leucoptera) and the nationally vulnerable giant burrowing frog (Heleioporus australiacus).
The Wreck Bay Settlement was established by Koori initiatives in the early 1900s. They favoured the area because of strong traditional and cultural ties, its closeness to both the bush and the sea for collection of food and other resources, and its distance from non-Aboriginal settlements. The settlement, the graveyard and other Aboriginal graves on the peninsula are highly significant to the Wreck Bay Community. Wreck Bay is one of the areas associated with the Aboriginal Land Rights movement in the 1970s and 1980s. It was the scene of protests and blockades to ensure that Wreck Bay remained an Aboriginal community.
Historic sites and places within the Jervis Bay Territory (part) with identified and assessed national estate values, and which are individually significant, include Cape St George Lighthouse & Curtilage (1859) (RNE File No. 8/02/002/0002), HMAS Creswell (1913) the Commonwealth Naval College (RNE File No. 8/02/0002/0001), and Christian's Minde (1896) (RNE File No. 8/02/0002/0003) the first guest house on the south coast between Port Hacking and Twofold Bay. The whole of the Jervis Bay Territory is important for its association with the establishment of a Royal Australian Naval College, which lead to the selection of Jervis Bay in 1911and the development of the Annexe to the Australian National Botanic Gardens in Canberra. In 1951 a frost free annexe to the Canberra Botanic Gardens was developed on a site at Lake Mackenzie (Register File No. 8/02/002/0006). (Australian Historic Themes: 3.22 Lodging people, 3.23 catering for tourists, 3.08.01 Shipping to and from Australian ports, 3.08.02 Safeguarding Australian products for long journeys, 7.07 Defending Australia, 7.07.01 Providing for the common defence, 8.03 Going on holiday, 9.07.03 Remembering the dead)
The grave of Harriet Parker at Green Patch, associated with Cape St George Lighthouse, and the Ellmoos family private cemetery, also at Christian's Minde, are considered to have national estate values by virtue of their associations. However, not all sites of historic cultural heritage significance within the area of Jervis Bay Territory have been fully identified or assessed.
The place has significant heritage value because of the place’s importance in the course, or pattern, of Australia’s natural or cultural history
The Jervis Bay Territory occurs in the transition zone between the warm temperate (or Peronian) and the cool temperate (or Maugean) biogeographic provinces, therefore, many marine species found here are at the northern or southern limit of their distribution range (West 1987).
The Jervis Bay Territory occurs near the southern limit of the Hawkesbury Sandstone geological unit. Therefore, many flora species associated with this unit occur at the limit of their distribution. The place represents the southern limit for 29 species, including Acacia elongata var. dilatata, Callistemon linearis, and Melaleuca capitata. The place is the northern limit for four flora species including Atriplex cinerea, and Olearia axillaris (Taws 1997).
The place includes several areas of habitat for waterbirds, including sandy beaches, rocky intertidal platforms, mangroves, saltmarshes and two freshwater lakes (NSW Fisheries 1994). The place supports 25 waterbird species listed on international migratory bird agreements (JAMBA, CAMBA and the Bonn Convention). (Booderee National Park bird pamphlet)
The clear waters of Jervis Bay Territory support beds of seagrass strapweed (Posidonia australis) west of Bowen Island and along the northern shore of Bherwerre Peninsula. The beds are significant in terms of macroinvertebrate species richness and provide a valuable nursery, spawning ground and feeding ground for many fish species. (Collett et al. 1984; Ferrell et al. 1992; CSIRO Division of Fisheries 1994; NSW Fisheries 1994).
Mangrove and saltmarsh communities along Sussex Inlet provide a sheltered nursery for a number of commercial and sport fish species, including bream, whiting, mullet, blackfish, flathead, garfish and trevally (NSW Fisheries 1994).
Rocky reefs occur in patches along the northern coast of Bherwerre Peninsula, and around Bowen Island. This habitat supports a rich fish fauna. Rocky reefs in different areas of Jervis Bay have been identified to fulfil different ecological functions. Therefore, each area of rocky reef is ecologically important (NSW Fisheries 1994).
Jervis Bay is an unusual geological formation. It is a syncline that has been flooded, rather than the more usual flooded river valley (Doughton 1973; Breckwoldt 1986). The coastline of Jervis Bay Territory has the highest sea cliffs in New South Wales, up to 135 metres at Steamers Beach (Geoscience and Environmental Map of Jervis Bay Territory)
The place supports a rich diversity of flora, with 625 indigenous species from 120 different families. Dominant families include the Fabaceae, Poaceae, Cyperaceae, Myrtaceae, Asteraceae and Orchidaceae (Taws 1997).
The Jervis Bay Territory supports a variety of plant communities. Bherwerre Peninsula supports 38 communities, including forest, rainforest, woodland, mallee forest and woodland, heathland, shrubland, sedgeland, rushland, herbland, swamps, mangroves and saltmarshes. Bowen Island supports 14 communities, seven of which do not occur on the adjacent mainland. Island communities include forest, rainforest, woodland, shrubland, coastal scrub, heathland, sedgeland, rushland and grassland (Taws 1997).
The macroinvertebrate fauna of the Posidonia beds in the whole of Jervis Bay is diverse, with 96 species recorded. The density of individuals is also high, with up to 2,941 per square metre recorded. In a study of ten Posidonia beds in New South Wales, the beds in Jervis Bay generally ranked third in terms of species richness and fifth in terms of the numbers of individual animals per square metre (Collett et al. 1984). The waters of the Jervis Bay Territory include several deepwater Posidonia beds (NSW Fisheries 1994).
The place contains a large number of prehistoric Aboriginal sites. Rock shelters, stone-flaking sites and axe-sharpening grooves and shell middens demonstrate the length of Aboriginal occupation of the area. There is a concentration of Aboriginal middens towards the eastern end of Wreck Bay. The fish bones and fishing implements in the middens document changing fishing practices over the last 3,000 years (Booderee National Park Board of Management 2002).
The Wreck Bay Settlement demonstrates the way Koori people maintained their culture and developed an economic role following European settlement. It was established by Koori initiatives in the early 1900s. They favoured the area because of strong traditional and cultural ties, its closeness to both the bush and the sea for collection of food and other resources, and its distance from non-Aboriginal settlements (Booderee National Park Board of Management 2002).
Wreck Bay is one of the areas associated with the Aboriginal Land Rights movement in the 1970s and 1980s. It was the scene of protests and blockades to ensure that Wreck Bay remained an Aboriginal community (Booderee National Park Board of Management 2002).
Two flora species occur as outlier populations; Philotheca buxifolius subsp. Buxifolius is largely known from the Sydney area, and Leucopogon rodwayi occurs mainly on the northeast coast of New South Wales (Taws 1997).
The shrub Leptospermum epacridoideum is restricted to the Jervis Bay region (Taws 1997).
The marine environment of the Jervis Bay Territory includes a variety of habitats. The place includes high sea cliffs pockmarked with vertical gutters and sea caves, intertidal rock platforms, deepwater seagrass beds and sublittoral rocky reefs (West 1987; NSW Fisheries 1994).
Criterion: B
The place has significant heritage value because of the place's possession of uncommon, rare or endangered aspects of Australia's natural or cultural history
The place includes several flora species of conservation significance. The nationally rare and vulnerable rainforest tree magenta lilly pilly (Syzygium paniculatum) is found in small rainforest pockets between Elmoos Road and St Georges Basin. The place also supports fifteen species that are rare in New South Wales (Taws 1997).
The marine environment of the Jervis Bay Territory includes a variety of habitats. The place includes high sea cliffs pockmarked with vertical gutters and sea caves, intertidal rock platforms, deepwater seagrass beds and sublittoral rocky reefs (West 1987; NSW Fisheries 1994).
Littoral rainforests, occurring on coastal headlands, hind dune zones and some coastal lakes, represent one of the most threatened vegetation formations in New South Wales (Adam 1987; Williams 1993; Evans 1993). This community occurs in sheltered gullies at the place and contains several species at the southern limit of their distribution (Taws 1997).
The place has significant heritage value because of the place's potential to yield information that will contribute to an understanding of Australia's natural or cultural history
The place is a valuable research site for ecological and paleoecological studies. The University of Canberra has a field station at the place and regularly uses this resource for research and teaching (Cho 1995).
Criterion: G
the place has significant heritage value because of the place's strong or special association with a particular community or cultural group for social, cultural or spiritual reasons
The place is home to the Koori people of Wreck Bay who have always lived in, and have strong cultural ties to, the area. These cultural ties are evidenced today through oral traditions, the knowledge and practice of the use of natural resources for food and the making of utensils and crafts, and in the respect for country. Through strong family ties, Koori people of Wreck Bay have maintained their traditional association with the area by passing on the ancestral stories and creation stories relating to the area. Parents recite such stories today to their children (Booderee National Park Board of Management 2002).
The high density of midden sites towards the eastern end of Wreck Bay reflects the preferred fishing zones of the present Wreck Bay Community demonstrating a continuity of use despite changing lifestyles (Booderee National Park Board of Management 2002).
The settlement, the graveyard and other Aboriginal graves on the peninsula are highly significant to the Wreck Bay Community (Egloff, Navin & Officer 1981).
Criterion: I
The place has significant heritage value because of the place's importance as part of Indigenous tradition
Ceremonial BUNAN or BORA grounds, used for initiation, are known only from the immediate hinterland of Wreck Bay, and nearly all known grinding groove sites are in the catchments of Mary and Summercloud Bays (Booderee National Park Board of Management 2002). These sites demonstrate past cultural practices and the BUNAN are spiritually important to the Wreck Bay community.
Condition and Integrity:
Natural Values:
The majority of the Jervis Bay Territory is still in a natural state. However, small areas have been cleared for the Jervis Bay Village, University of Canberra Field Station, Jervis Bay Range Facility, Jervis Bay Botanic Gardens and Christians Minde. Approximately 350 hectares of blackbutt (Eucalyptus Pilularis) dry forest were logged in the 1950s and planted with pines. Smaller areas of blackbutt wet sclerophyll forest near Murrays Beach were also logged. Pine plantations have since been removed and both forest types are regenerating.
Cleared areas behind Bherwerre Beach have been stabilised by the planting of marram grass (Ammophila arenaria), spinifex (Spinifex sericeus), Acacia sophorae, Leptospermum laevigatum, and bitou (Chrysanthemoides monolifera subsp. rotundata). The site now supports a shrubland dominated by the latter three species. Bitou has become a major weed, with widespread infestations in the place. Control measures hold the infestation at its current level. Another major weed infestation occurs on Bowen Island, where kikuyu grass (Pennisetum clandestinum) grows in Lomandra longifolia tussock rushland. This infestation has been reduced through control measures.
Foxes are common and subject to an ongoing control program.
Soil on part of the Jervis Bay Range Facility has been contaminated by fuel sources. The source of the contamination has been removed. (April 2001).
Values at the airfield and associated infrastructure are no longer present.
Historic Values:
Refer to individual place reports for statements of condition and integrity: environment.gov.au/heritage/places/commonwealth/index.html.
APPENDIX B
Provisions of Lease between the Director of National Parks and the Wreck Bay Aboriginal Community Council
ANNEXURE TO MEMORANDUM OF LEASE BETWEEN WRECK BAY ABORIGINAL COMMUNITY COUNCIL AND DIRECTOR OF NATIONAL PARKS
DATED 21 OCTOBER 2003
COVENANTS AND CONDITIONS OF LEASE
BETWEEN:
Wreck Bay Aboriginal Community Council established by the Aboriginal Land Grant (Jervis Bay) Act 1986, of Administration Building, Wreck Bay in the Jervis Bay Territory
AND
Director of National Parks a corporation under the Environment Protection and Biodiversity Conservation Act 1999, of John Gorton Building, King Edward Terrace in the Australian Capital Territory
RECITALS:
A The area of land, and that part of Jervis Bay, in Jervis Bay Territory described in the Schedule was declared a national park by Proclamation under the National Parks and Wildlife Conservation Act 1975 and assigned the name Booderee National Park, and the Proclamation of the Park continues in force under the EPBC Act so that the Park is a Commonwealth reserve under that Act.
B The functions of the Director include to administer manage and control Commonwealth reserves.
C By virtue of its body of Aboriginal traditions, observances, customs and beliefs the traditional Aboriginal owners are the custodians of the Park and the Park is of significance to the traditional Aboriginal owners.
D In recognition of the rights of the traditional Aboriginal owners:
the Government of the Commonwealth of Australia on behalf of the Australian people granted inalienable freehold title to the Park to the Council to hold on behalf of and for the benefit of the Community, and
the management and care of the Park was returned to the Council on behalf of the Community in keeping with their traditional custodian relationship with the Park.
E The Council leased the Park to the Director for the purpose of being managed as a national park for a period of 99 years commencing on 11 October 1995.
F A Board of Management is established for the Park under the EPBC Act, with a majority of members being Aboriginal persons nominated by the traditional Aboriginal owners, and with functions that include to prepare management plans for the Park in conjunction with the Director, and to make decisions relating to the management of the Park that are consistent with the management plan in operation for the Park.
G The Director recognises the Council's long-term goal for self-sufficiency through the control and management of its own lands and acknowledges the need to support actions during the term of this lease to achieve that goal.
H The Council is committed to ensuring the Park is managed in accordance with the purposes for which it was declared and to the highest possible standards.
I The Council and the Director have agreed to vary the provisions of the Park lease, to surrender of the lease, and to the grant of a further lease for the unexpired portion of the 99 year term on the terms and conditions set out in this Lease.
THE COUNCIL HEREBY GRANTS A LEASE OF THE PARK TO THE DIRECTOR SUBJECT TO AND IN ACCORDANCE WITH THE FOLLOWING RESERVATIONS, PROVISIONS, COVENANTS AND CONDITIONS:
DEFINITIONS
In this Lease, including the Recitals, unless the contrary intention appears:
Aboriginal means a person who is a member of the Aboriginal race of Australia;
Aboriginal tradition means the body of traditions, observances, customs and beliefs of Aboriginals or of a community or group of Aboriginals, and includes those traditions, observances, customs, and beliefs as applied in relation to particular persons, sites, areas of Park things and relationships;
Board of Management means the Board of Management established for the Park under the EPBC Act;
Community means the community known as the Wreck Bay Aboriginal Community;
Council means the Wreck Bay Aboriginal Community Council established and constituted by the Aboriginal Land Grant (Jervis Bay) Act 1986 and where the context permits includes a reference to any executive committee established pursuant to Part IV Division 4 of that Act from time to time which has delegated authority to act on behalf of the Council on matters arising under the Lease;
Director means the Director of National Parks, the corporation established by the National Parks and Wildlife Conservation Act 1975 and continued in existence by section 514A of the EPBC Act;
EPBC Act means the Environment Protection and Biodiversity Conservation Act 1999 and includes any Act that amends it;
Lease meads the provisions of this Memorandum of Lease;
Management Plan means the management plan in operation for the Park from time to time under the EPBC Act;
Park means the area of land, and that part of Jervis Bay, in Jervis Bay Territory described in the Schedule that was declared a national park by Proclamation under the National Parks and Wildlife Conservation Act 1975 and assigned the name Booderee National Park, and that continues in force under the Environment Protection and Biodiversity Conservation Act 1999 so that the Park is a Commonwealth reserve under that Act;
person includes a body corporate and any other entity recognised by law;
Register means the register of members of the Council maintained pursuant to the provisions of the Aboriginal Land Grant (Jervis Bay) Act 1986 and the regulations made thereunder;
sacred sites means a site that is sacred to Aboriginals or is otherwise of significance according to Aboriginal tradition;
Schedule means the Schedule to the Lease;
traditional Aboriginal owners means those members of the Community whose names are recorded on the Register as being members of the Council.
1.2 A reference in the Lease to an act or regulation includes any amendment to that act or regulation for the time being in force and only to any act or regulation passed in substitution thereof.
PART I - CONDITION PRECEDENT & RESERVATIONS
2. CONDITIONS PRECEDENT, RESERVATIONS & ENTRY RIGHTS
2.1 The Council reserves a right in favour of the Chairman of the Council and any person authorised in writing by the Council after reasonable notice and at all reasonable times, to enter upon the Park or any part of it and to inspect the Park and any improvements on the Park subject to such reasonable constraints as may be contained in the Management Plan for reasons of safety, security, privacy or protection of the Park.
3. THE COMMUNITY'S RIGHT TO USE & OCCUPY
3.1 The Council reserves in favour of the Community the following rights:
(a) the right to enter upon the Park and use or occupy the Park to the extent that entry, occupation or use is in accordance with the Aboriginal tradition of the Community governing the rights of Community members with respect to the Park, whether or not those rights are qualified as to place, time, circumstances, purpose, permission or any other factor;
(b) the rights to continue, in accordance with law, the traditional use of any area of the Park for hunting or food-gathering (otherwise than for purposes of sale);
(c) the right to continue the traditional use of any area of the Park for ceremonial and religious purposes; and
(d) the right to reside within the Park at such locations specified in the Management Plan together with rights of access and residence for their employees, staff, invitees and agents.
3.2 The reservations in sub-clause 3.1 are subject to:
(a) the prior approval of the Council;
(b) such reasonable constraints as may be contained in the Management Plan; and
(c) directions or decisions of the Board of Management with respect to health, safety, privacy or protection of the Park.
4. SUBLETTING AND LICENCES
4.1 The Council reserves the right to request the Director to sublet or grant a licence to occupy any reasonable part of the Park to a Community member.
4.2 Provided a request for a sublease or licence by a Community member is made by the Council on behalf of the Community member the Director shall not unreasonably or capriciously refuse to grant such sublease or licence to the Community member where it is in accordance with the Act and the Management Plan.
4.3 The Director shall not grant a sublease or licence to any Community member unless the request for such sublease or licence is made by the Council on behalf of the person.
PART II - LEASE PROVISIONS
5. COMMENCEMENT
5.1 The Lease shall commence, or be deemed to have commenced, on the 11th day of October 2003.
6. TERM
6.1 The lease shall be for a term of ninety one (91) years expiring on 10 October 2094.
7. RENT
7.1 The Director shall pay to the Council in advance each year an annual rent. The annual rent for the period commencing on 11 October 2003 and ending on 10 October 2004 will be $215,758-21
AND THE DIRECTOR SHALL FURTHER PAY to the Council;
(a) an amount equal to 25% of receipts from any charges imposed under section 356A of the EPBC Act, or rents received from sub-lessees, such amounts to be paid quarterly calculated by reference to receipts of the previous quarter.
(b) an amount equal to 25% of receipts of any charge, penalty, fee, fine or impost received by the Director or the Commonwealth of Australia arising out of the operation of the provisions of the EPBC Act or the Regulations made thereunder in respect of commercial activities undertaken within the Park to be paid annually in arrears and calculated by reference to receipts of the previous year.
7.2 Not withstanding any term or provision of the Lease to the contrary nothing in this clause extends to any charge, penalty, fee, fine, or impost received by the Director or the Commonwealth of Australia and arising out of the operation of the provisions of the EPBC Act or the Regulations made thereunder other than the charges, penalties, fees, fines or imposts referred to in sub-clause 7.1.
7A. GOODS AND SERVICES TAX
7A.1 For the purposes of clause 7:
'GST Act' means A New Tax System (Goods and Services Tax) Act I999.
'GST' and 'taxable supply' have the meanings given to those terms in the GST Act.
'related taxable supply' means any taxable supply to the Lessor incorporated in a taxable supply by the Lessor to the Lessee pursuant to this lease for which the Lessor seeks direct reimbursement from the Lessee.
Subject to sub-clause 7A.3, if GST applies to this lease because it is a taxable supply, the rent and any other moneys payable under this lease by the Lessee to the Land Council ('the lease amounts') will be increased by the amount of GST payable on the lease amounts as if the lease amounts represent the value of the taxable supply for the purposes of the GST Act.
Before calculating an increase under sub-clause 7A.2 the following amounts must be deducted from the lease amounts:
(a) an amount (if any) which is equivalent to the benefit of any reduction in or the removal of taxes, duties or charges which impact upon the costs to the Lessor and Land Council in performing this lease; and
(b) an amount equivalent to the input tax credits to which the Lessor is entitled in respect of any related taxable supply.
If GST applies to a taxable supply by the Lessee to the Lessor or Land Council under this lease the consideration for that supply ('the consideration') will be increased by the amount of GST payable on the consideration as if the consideration represents the value of the taxable supply for the purposes of the GST Act.
After receiving each payment due under this lease from:
(a) the Lessee, the Lessor or Land Council must give the Lessee a tax invoice for that payment; and
(b) the Lessor, the Lessee must give the Lessor or Land Council a tax invoice for that payment.
Nothing in this lease obliges the Lessee to pay to the Lessor or Land Council any amount for GST paid or payable by the Lessor in respect of a related taxable supply to the extent to which the Lessor is entitled to claim an input tax credit in respect of that supply.
If required by the Lessee, the Lessor must substantiate to the Lessee's reasonable satisfaction how any reduction or increase in the lease amounts determined under this clause have been calculated before those changes take effect.
8. RENT REVIEW
8.1 For the purposes of this clause:
(a) 'CPI' means the Consumer Price Index (All Groups) for the city of Sydney kept by the Australian Statistician and published from time to time by the Australian Bureau of Statistics ("the Index") and in the event of the Index being discontinued or abolished then such price index as the Australian Statistician substitutes for it;
(b) 'Review Date' means each anniversary of the commencement date in clause 5; and
(c) 'Rent Period' means the period commencing on a Review Date and ending on the day before the following Review Date; or
8.2 The annual rent to be paid under clause 7 on and from the beginning of the relevant Rent Period is the rent calculated in accordance with the formula set out in sub-clause 8.3.
8.3 The following formula is the formula referred to in sub-clause 8.2:
A = B x C/D
where:
A is the annual rent on and from the Review Date;
B is the annual rent immediately prior to the Review Date;
C is the CPI last published as being current at the relevant Review Date; and
D is the CPI last published as being current at the immediately preceding Review Date (which in the case of the first Review Date is the Commencement Date).
8.4 In the event of there being a variation in the rent by operation of sub-clause 8.2 then any necessary adjustment and payment or repayment, as the case may be, must be made between the Lessor and Lessee.
8.5 The rent will not be reduced in the event of a decrease in the index number since the previous review date.
PART III - COVENANTS AND CONDITIONS
9. DIRECTOR'S COVENANTS
9.1 The Director covenants:
(a) to take all practicable steps to ensure compliance by all persons with the Lease, the EPBC Act, Regulations under the EPBC Act and the Management Plan;
(b) not to transfer, assign, sublet, part with the possession of, or otherwise dispose of the Park or any part thereof without the consent in writing of the Council and then only in accordance with the Management Plan;
(c) to pay all reasonable costs of and incidental to the registration, preparation, execution and stamping of the Lease;
(d) to pay all rates and taxes which may at any time become due in respect of the Park;
(e) (i) to carry all of the risk, and have adequate insurance, in respect of the timely reinstatement to full replacement value of any of the improvements in the Park which may be damaged or destroyed (without the prior written consent of the Council), being improvements existing at the date of the commencement of the Lease and such other improvements as may be made except such improvements in respect of which there exists a contract of insurance insuring the risk to the extent of liability imposed upon the Director under this sub-clause,
(ii) to carry all of the risk, and have adequate insurance, as occupier of the Park as regards any liability to any third person,
(iii) as far as is practicable, to make good any damage to the Park (other than improvements) being damage caused by the Director except where that damage to the Park or any other land owned by the Council and managed in association with the Park was occasioned with the prior written consent of the Council;
(f) to comply with all Acts, Regulations and other laws otherwise applicable to the Park.
10. DIRECTOR'S OBLIGATIONS
10.1 The Director covenants subject to the Management Plan:
(a) to promote and protect the interests of the Community;
(b) to protect sacred sites, areas and things of significance to the Community;
(c) to promote and assist in the provision of resources for the involvement of Community members in the development of Plans of Management;
(d) to encourage the maintenance of the Aboriginal tradition of the Community
(e) to promote and assist in the provision of resources for the involvement of Community members in the operations and management of the Park;
and, without limiting the generality of the foregoing;
(f) within six months of the commencement of the Lease to establish and implement a program for training reasonable numbers of the Community in skills relevant to the administration, management and control of the Park;
(g) to contract the Council's services and engage as many Community members as is practicable to provide services in and in relation to the Park;
(h) to take all steps reasonably required to adjust working hours and conditions to the needs and culture of Aboriginals contracted or employed in the Park;
(i) to identify and utilise the traditional skills of the Community in the management of the Park;
(j) to promote among non-Aboriginals contracted or employed in the management of the Park and, to the extent that is reasonably practicable, among visitors to the Park and residents of the Park and adjoining lands a knowledge and understanding of and respect for the traditions, languages, culture, customs and skills of the traditional Aboriginal owners and to arrange for appropriate instruction in connection therewith to be given, to the extent that is reasonably practicable, by Aboriginals engaged for the purpose;
(k) to encourage appropriate business and commercial initiatives and enterprises by the Council and Community members within the Park;
(l) to only consult with individual Community members who are not members of the Board of Management with the Council's prior consent;
(m) to consult with and have regard to the views of the Council in respect of the formulation of any educational and interpretive policy in relation to the Park;
(n) as far as practicable and subject to the Management Plan and to the Lease, to provide such capital equipment and machinery as is reasonably required for the adequate maintenance of roads, and all other improvements in the Park (being roads, facilities, or improvements owned by the Director or controlled by the Director);
(o) after consultation with and having regard to the views of the Council, and subject to the Management Plan, to implement a licensing and induction scheme for tour operators and other persons carrying on commercial activities in the Park;
(p) subject to the Management Plan and the EPBC Act to use the Director's best endeavours to collect rents, entrance and other charges and ensure such moneys are properly accounted for on an audited basis;
(q) provide funding to 'the Council for the purpose of fulfilling Community liaison functions in accordance with, and subject to satisfactory performance against, terms and conditions to be agreed between the Director and the Council, including (but not limited to) the functions, funding and reporting to the Board of Management; and
(r) assist with a business case and seek funding for the construction of a cultural centre and consult closely with the Council in the planning and design of the centre
The Director further covenants that, subject to the management plan, and taking into account the Director's duties under the Commonwealth Authorities and Companies Act 1997 (or any Act that amends or replaced that Act) and any relevant policies and guidelines of the Commonwealth Government relating to the procurement of goods and services, the Director will:
(a) contract out appropriate services in and in relation to the Park;
(b) give preference to the Council, its wholly owned company, Wreck Bay Enterprises Ltd, or another company wholly owned by the Council, for contracts to provide such services in and in relation to the Park,
and will encourage and support the Director's staff to implement this sub-clause 10.2.
11. DISPOSAL OF PARK PROPERTY AND EQUIPMENT
11.1 In this clause:
property or equipment means property or equipment of the Director that is used in the operation or management of the Park that the Director and the Council agree this clause will apply to; and
Community purchaser means the Council, or either a company wholly owned by the Council or a member of the Wreck Bay Community as nominated by the Council.
11.2 This clause is subject to the Director's obligations under the EPBC Act, Commonwealth Authorities and Companies Act 1997 and any other relevant laws of the Commonwealth.
11.3 Before the Director disposes of any plant or equipment the Director will give a Community purchaser the opportunity to purchase the item, and the following paragraphs will apply:
(a) the Director will give a written notice to the Council offering to sell the item to a Community purchaser for a fair market value specified in the notice;
(b) the offer may be accepted by a Community purchaser by giving written notice of acceptance within twenty eight (28) after the Director's notice is received by the Council;
(c) if the offer is not accepted within that period the Director may proceed to dispose of the item to any another person;
(d) if the offer is accepted within the twenty eight (28) day period a binding contract for sale of the item will exist between the Director and the Community purchaser for the price stated in the Director's notice of offer;
(e) the Community purchaser will complete the contract for sale within sixty (60) days of giving their notice of acceptance to the Director;
(f) if the Community purchaser fails to complete the contract for sale within sixty (60) days the Director may, without prejudice to any other legal rights or remedies that the Director may have against the purchaser, rescind the contract by giving twenty one (21) days written notice in writing to the purchaser, and a copy to the Council if it is not the purchaser;
(g) if the Director rescinds the contract for sale under paragraph (f) another Community purchaser ("the second Community purchaser") may accept the Director's offer to sell by giving the Director a written notice of acceptance within a further period of seven (7) days;
(h) if a notice of acceptance is given under paragraph (g) a binding contract for sale of the item will exist between the Director and the second Community purchaser for the price stated in the Director's notice of offer, and paragraphs (e) and (f) will apply;
(i) if a notice of acceptance is not given under paragraph (g), or if the Director rescinds the contract of sale with the second Community purchaser under paragraph (f), the Director may then dispose of the item to any other person.
12. FUNDING
12.1 Subject to the EPBC Act the Director will from monies lawfully available to the Director provide such moneys as are reasonably required for the administration of the Board of Management and, for the payment of any reasonable expenses incurred by members of the Board of Management in the performance of their duties ("the administrative costs of the Board of Management").
12.2 This clause does not have operation to the extent that the administrative costs of the Board of Management are met from another source or sources, including an appropriation by the Parliament.
13. STAFFING
13.1 The Director will use the Director's best endeavours to maintain staff and engage contractors within the Park at levels to ensure compliance with the Management Plan and the Director's covenants and obligations under this lease.
13.2 Subject to the Public Service Act 1999 and industrial awards and agreements, the Director agrees that any arrangements set out in the Management Plan in respect of the Council representation on staff or contractor selection panels shall continue for the term of the Lease and that such representation may be by any nominee or nominees of the Council.
13.3 If by operation of law sub-clause 13.2 is held to be of no force or effect, the Director agrees to consult with the Council or its nominee concerning the procedures for selection and appointment of any permanent staff or contractors in the Park where duties and functions will involve significant involvement with Park administration, management or control.
13.4 Where levels of staff or contractors in the Park fall significantly below those referred to in subclause 13.1 the Director and the Council shall meet and discuss matters arising as a result of the staff or contractor levels.
14. QUIET ENJOYMENT
The Director paying the rent hereby reserved and observing and performing the several covenants on the Director's part and the conditions herein contained shall during the whole of the term hereby granted quietly enjoy the demised land without any interruption or disturbance by the Council or any person claiming by, from, under or in trust for the Council.
15. RESTRICTIONS ON ACCESS
15.1 The Council may request the Director to restrict access to areas of the Park for the purposes of Community use of those areas, and where the Director is empowered to so restrict access to areas of the Park he shall accede to any reasonable request made under this clause.
16. AMENDMENT OF ACT
Where the enactment, repeal, or amendment of any Act or the making, repeal or amending of any regulation:
(a) is inconsistent with the Lease, the Management Plan, Council's rights as lessor or the Council's ownership of the fee simple in the Park; and
(b) is prejudicial to the rights of the Council or the Community in a material respect as regards the ownership, occupation, use, administration, management or control of the Park,
such shall be deemed to be a breach of a fundamental term of the Lease for which the Lease may (subject to sub-clause 16.2) be terminated on 18 months notice in writing ("a termination notice") by the Council to the Director.
(a) Where the Council alleges a breach pursuant to sub-clause 16.1 it must by notice in writing advise the Director of the alleged breach, and after service of that notice the parties shall meet in the Park or such other place as agreed within thirty (30) days of the receipt of the notice by the Director ("the thirty (30) day period") to discuss whether there has been a breach of sub-clause 16.1;
(b) where the Council is ready, willing and able to meet with the Director but the parties do not meet within the thirty (30) day period due to the wilful neglect failure or refusal by the Director, then the said alleged breach shall be deemed to be an actual breach of subclause 16.1, provided however that where the failure to meet is occasioned by the Council or by factors beyond the control of the Council or the Director then the parties shall meet at such other time as is mutually agreed upon but in any event within thirty (30) days of the expiration of the initial thirty (30) day period;
(c) where the parties agree within the thirty (30) day period or any extension thereof that the said alleged breach is an actual breach, there shall be deemed to be an actual breach of sub-clause 16.1;
(d) where the parties meet but do not agree within the thirty (30) day period or any extension thereof that the said alleged breach is an actual breach, the question of whether the said alleged breach is an actual breach shall be referred to arbitration pursuant to the provisions of the Lease;
(e) if there is deemed to be an actual breach, the parties agree that there is an actual breach or if an arbitrator finds that there is an actual breach, the Council may as from the date of any agreement, deeming or the finding (as the case may be) ("the trigger date") issue a termination notice.
Where a termination notice is issued, representatives of the Council and the Director shall as soon as possible within the period of the notice, meet and enter into bona fide negotiations with a view to the grant of a new lease.
Where, within one hundred and eighty (180) days after the trigger date, a termination notice is not issued as provided in sub-clause 16.2 then the Director and representatives of the Council shall meet to discuss whether to vary any provisions of the Lease including the rent, but not including the term.
Clauses 20 and 21 shall not apply to any negotiations entered into under sub-clause 16.3.
(a) Where the Act or regulations giving rise to a termination notice is amended prior to termination of the Lease so as to no longer offend against sub-clause 16.1, the said termination notice shall immediately upon commencement of the amending Act or regulation, cease to have any force or effect.
(b) Where the parties fail to agree that the amended Act or regulations no longer offend against sub-clause 16.1 the disagreement will upon notice by either party be referred to arbitration pursuant to the provisions of the Lease.
(c) Time shall not run with respect to termination notice from the date of the notice referred to in paragraph 16.6(b) until the date of the finding by the arbitrator.
Without limiting the generality of the meaning of the term "prejudicial to the rights of the Council or the Community in a material respect as regards the ownership, occupation, use, administration, management or control of the Park" an actual or proposed transfer, assignment sublease or parting with possession of the Park or any part of the Park by the Director without the consent in writing of the Council shall at all times be prejudicial to the rights of the Council and the Community in a material respect as regards the ownership, occupation, use, administration, management or control of the Park.
17. PARK TO BE MANAGED IN ACCORDANCE WITH THE ACT
17.1 The Council and the Director agree that notwithstanding any other provisions of the Lease the administration, management and control of the Park and the performance of the Director's obligations pursuant to the Lease shall be subject to and in accordance with the EPBC Act, the Regulations, the Management Plan, any other Act or Regulations applying to the Park or by which the Director is bound.
17.2 The Director covenants that he will promote the use of Aboriginal traditional land management practices in the management of the Park to the extent that such practices are not inconsistent with the Director's obligations under sub-clause 17.3.
17.3 The Director further covenants that the flora, fauna, cultural heritage, and natural environment of the Park shall be preserved, managed and maintained according to the best comparable management practices established for national parks and botanical gardens anywhere in the world or where no comparable management practices exist, to the highest standards practicable.
18. DIRECTOR TO INDEMNIFY THE COUNCIL
The Director shall indemnify the Council its servants agents or invitees (to the extent that the Council its servants agents or invitees is or are not negligent) against all actions and claims whatsoever that may be brought made or prosecuted against the Council its servants agents or invitees by any person in respect of any action or claim arising out of any act or omission (whether negligent or otherwise) of the Director, or of the Director's servants, agents or invitees in or in relation to the Park.
19. TERMINATION
The Lease may be terminated in writing at any time with the agreement of both the Council and the Director.
20. PARTIES TO NEGOTIATE FIVE YEARS BEFORE EXPIRY
20.1 Unless the Lease is terminated in accordance with the provisions herein prior to the expiry of the term the Council and the Director agree that they will enter into negotiations for the renewal or extension of the term of the Lease not later than five (5) years before its expiration.
21. VARIATION OF LEASE
21.1 The parties may from time to time by agreement in writing add to, substitute for, cancel or vary any of the provisions of the Lease.
21.2 The Director shall at least once in every five (5) years during the currency of the Lease meet with the representatives of the Council to discuss whether to vary any of the provisions of the Lease including the rent but not including the term and:
(a) if the Director and the Council agree upon any variation, the parties will execute all documents necessary or desirable to give full effect to the variation;
(b) if the Director and the Council fail to agree upon any variation of the Lease proposed by either party, the party which claims that a dispute or disagreement ("the Dispute") has arisen under or in relation to the Lease, must give written notice to the other party to the Lease specifying the nature of the Dispute.
On receipt of that notice by that other party, the parties to the Lease must endeavour in good faith to resolve the Dispute expeditiously using informal dispute resolution techniques such as mediation, expert evaluation or determination or similar techniques agreed by them.
If the Parties do not agree within seven (7) days of receipt of the notice (or such further period as agreed in writing by them) as to:
(i) the dispute resolution technique and procedures to be adopted;
(ii) the timetable for all steps in those procedures; and
(iii) the selection and compensation of the independent person required for such technique,
The Parties must mediate the Dispute in accordance with the Mediation Rules of The Law Society of New South Wales and the President of the Law Council of Australia (or its successor) or the President's nominee will select the mediator and determine the mediator's remuneration.
(c) in determining the question of any variation to the Lease, the mediator and the Parties shall have regard to the following matters:
(i) the preservation and protection of the Community ways of life, culture and tradition;
(ii) the interests, proposals, opinions and wishes of the Community in relation to the management, use and control of the Park;
(iii) the growth and development of the Community's social, cultural and economic structures;
(iv) freedom of access by Community members to the Park and their freedom to carry out in the Park rites, ceremonies and other activities in accordance with Aboriginal tradition;
(v) the preservation of the natural environment;
(vi) the use of the Park for tourist activities; and
(vii) the duties, actions and responsibilities of the Director in relation to the Park.
21.3 If the mediation pursuant to paragraph 21.2(b) does not bring about a resolution to the dispute within 180 days of a mediator being appointed then:
(a) the disagreement will be referred to arbitration by a barrister or solicitor of ten (10) years standing agreed between the parties or failing agreement, a person nominated by the Chief Judge of the Federal Court of Australia, or if the said Judge fails to appoint an arbitrator within thirty (30) days after having been requested in writing by one of the parties so to do, by an arbitrator appointed by the President for the time being of the Law Council of Australia or its successor;
(b) in determining the question of any variation to the Lease the provisions of the Commercial Arbitrator Act 1986 (ACT) shall apply and the arbitrator shall have regard to the matters set out in paragraph 2 1.2(c);
(c) Notwithstanding any of the foregoing, the arbitrator's determination shall:
(i) preserve the benefits and the essential rights conferred on the Council and the Community by the Lease; and
(ii) not reduce the payments or rates of payments payable in accordance with clauses 7 and 8.
(iii) Any and all variations to the Lease shall preserve the benefits and the essential rights conferred on the Council and the Community by the Lease.
22. DISPUTE RESOLUTION
22.1 If a dispute arises between the Council and the Director under or in relation to the Lease then either party may serve notice upon the other specifying the nature of the dispute.
22.2 Upon service of a notice under sub-clause 22.1 the provisions of paragraphs 21.2(b) and (c) will apply, and thereafter the provisions of paragraphs 2 1.3(a) to (c) will apply mutatis mutandis.
23. RESEARCH & EXCHANGE OF INFORMATION
23.1 The Director agrees to make available to the Chairman of the Council or any person authorised in writing by the Council, access to all information relating to the Park including research reports sponsored, procured or supported by the Director that are in the possession or control of the Director other than information that would be privileged from production in litigation and information the disclosure of which would, in the opinion of the Director, involve an unreasonable invasion of the privacy of an individual, which would contravene the Privacy Act 1988, or which is exempt from disclosure under the Freedom of Information Act 1982 whether or not that Act applies to the information.
23.2 The Council agrees that the Council may make available to the Director or a person duly authorised by the Director, all information of the Council relating to the Park including research reports sponsored, procured or supported by the Council that are in the possession of the Council other than information that would be privileged from production in litigation, protected by cultural or spiritual traditions or information the disclosure of which would, in the opinion of the Council, involve an unreasonable invasion of privacy of an individual, which would contravene the Privacy Act 1988, or which is exempt from disclosure under the Freedom of Information Act 1982 whether or not that Act applies to the information.
24. NOTICES
Any notice, demand, consent or other communication required or permitted to be given or made under or pursuant to the Lease shall be deemed to have been duly given or made when delivered in writing or sent by registered post or facsimile to the party to which such notice, demand or consent is required or permitted to be given or made under the Lease at the following addresses:
THE COUNCIL: The Chairperson, Wreck Bay Aboriginal Community Council, Administration Building, Wreck Bay, Jervis Bay Territory 2540.
Facsimile: (02) 4442 1 189
THE DIRECTOR:
Director of National Parks, John Gorton Building, King Edward Terrace, Parkes ACT 2601
Facsimile: (02) 6274 2228
or such other addresses as may from time to time notified by the parties for the purposes of this clause.
Any notice, demand, consent, or other communication shall be deemed to have been served on the third business day after the date of posting or if sent by facsimile upon receipt by the sending party of the answer back code of the recipient.
25. GOVERNING LAW
25.1 The Lease shall be governed by and construed in accordance with the laws in force in the Jervis Bay Territory of Australia.
25.2 The Acts Interpretation Act 1901 of the Commonwealth applies, so far as is applicable, to the interpretation of the Lease as if the Lease were an Act.
SCHEDULE
BOODEREE NATIONAL PARK
Firstly: All that piece of land in Jervis Bay Territory containing an area of 2706 hectares more or less and known as Blocks 114 and 121 Jervis Bay Territory as shown on the plan lodged at the Office of the Registrar of Titles Canberra as Deposited Plan 9351.
Secondly: All that piece of land in Jervis Bay Territory containing an area of 2806 hectares more or less and known as Block 122 Jervis Bay Territory as shown on the plan lodged at the Office of the Registrar of Titles Canberra as Deposited Plan 9350.
Thirdly: All that piece of land in Jervis Bay Territory being Bowen Island containing an area of 52 hectares more or less and known as Block 6 Jervis Bay Territory as shown on the plan lodged at the Office of the Registrar of Titles Canberra as Deposited Plan 468.
Fourthly: All of that part of Jervis Bay in Jervis Bay Territory containing an area of 875 hectares more or less and commencing at the northernmost point of Bowen Island also known as Block 6 Jervis Bay Territory as shown on the plan lodged at the Office of the Registrar of Titles Canberra as Deposited Plan 468, then generally southerly and easterly by the western and southern boundaries respectively of Block 6 to the Jervis Bay Territory boundary, then generally south westerly along that boundary to a point on the high water mark of Jervis Bay at Governor Head being a point on the northern boundary of Block 122 Jervis Bay Territory as shown on the plan lodged at the Office of the Registrar of Titles Canberra as Deposited Plan 9350, then generally westerly .south westerly and north westerly respectively along the northern boundary of Block 122 to its intersection with the eastern boundary of Block 117 Jervis Bay Territory as shown on the plan lodged at the Office of the Registrar of Titles Canberra as Deposited Plan 8990, then generally north westerly and westerly respectively by part of the northern boundary of Block 117 to its intersection with the New South Wales border, then generally easterly to the point of commencement.
APPENDIX C
Compliance with EPBC Regulations
EPBC Regulation 10.04 - Schedule 8
IUCN Management Principles relevant to Booderee National Park
| EPBC Regulation schedules and Management Principles | Sections of Plan that address principles |
| Australian IUCN reserve management principles (Schedule 8)<br>Part 1 General administrative principles | |
| 1 Community participation<br>Management arrangements should, to the extent practicable, provide for broad and meaningful participation by the community, public organisations and private interests in designing and carrying out the functions of the reserve or zone. | Sections 4, 5 and 8 |
| 2 Effective and adaptive management<br>Management arrangements should be effective and appropriate to the biodiversity objectives and the socio-economic context of the reserve or zone. They should be adaptive in character to ensure a capacity to respond to uncertainty and change. | Sections 4 to 6, 7.3, 7.9, 7.10, 9.3-9.4, 9.7, 9.8 |
| 3 Precautionary principle<br>A lack of full scientific certainty should not be used as a reason for postponing measures to prevent degradation of the natural and cultural heritage of a reserve or zone where there is a threat of serious or irreversible damage. | Section 6, 9.1, 9.2, 9.8 |
| 4 Minimum impact<br>The integrity of a reserve or zone is best conserved by protecting it from disturbance and threatening processes. Potential adverse impacts on the natural, cultural and social environment and surrounding communities should be minimised as far as practicable. | Sections 3.1, 6 and 7 |
| 5 Ecologically sustainable use<br>If resource use is consistent with the management principles that apply to a reserve or zone, it should (if it is carried out) be based on the principle (the principle of ecologically sustainable use) that:<br>(a) natural resources should only be used within their capacity to sustain natural processes while maintaining the life-support systems of nature; and<br>(b) the benefit of the use to the present generation should not diminish the potential of the reserve or zone to meet the needs and aspirations of future generations. | Sections 4.1, 4.2, 5.3, 7, 8.1, 9.5, 9.7, 9.8 |
| 6 Transparency of decision-making<br>The framework and processes for decision-making for management of the reserve or zone should be transparent. The reasons for making decisions should be publicly available, except to the extent that information, including information that is culturally sensitive or commercial-in-confidence, needs to be treated as confidential. | Sections 4.1, 6.12 and 9.8 |
| 7 Joint management<br>If the reserve or zone is wholly or partly owned, by Aboriginal people, continuing traditional use of the reserve or zone by resident Indigenous people, including the protection and maintenance of cultural heritage, should be recognised. | <br>Sections 4 and 5, 6.1, 6.2, 7.9, 7.10, 9.8<br> |
| Australian IUCN reserve management principles (Schedule 8)<br>Part 2 Principles for each IUCN category<br>3 National park (category II) | <br> <br> <br> |
| 3.01 The reserve or zone should be protected and managed to preserve its natural condition according to the following principles. | Section 3.1 |
| 3.02 Natural and scenic areas of national and international significance should be protected for spiritual, scientific, educational, recreational or tourist purposes. | Sections 3.1, 4, 6 and 7 |
| 3.03 Representative examples of physiographic regions, biotic communities, genetic resources, and native species should be perpetuated in as natural a state as possible to provide ecological stability and diversity. | Sections 6, 7, 9.2, 9.7 and 9.8 |
| 3.04 Visitor use should be managed for inspirational, educational, cultural and recreational purposes at a level that will maintain the reserve or zone in a natural or near natural state. | Sections 7 and 9.2 |
| 3.05 Management should seek to ensure that exploitation or occupation inconsistent with these principles does not occur. | Sections 3.1, 4.2, 6.2-6.6, 6.8-6.12, 7.5, 7.9, 7.10, 9.7, 9.8 and 9.10 |
| 3.06 Respect should be maintained for the ecological, geomorphologic, sacred and aesthetic attributes for which the reserve or zone was assigned to this category. | Sections 2.7, 2.8, 4 and 6 |
| 3.07 The needs of Indigenous people should be taken into account, including subsistence resource use, to the extent that they do not conflict with these principles. | Sections 4,5, 6.1, 6.2, 7.9, 7.10 and 9.8 |
| 3.08 The aspirations of traditional owners of land within the reserve or zone, their continuing land management practices, the protection and maintenance of cultural heritage and the benefit the traditional owners derive from enterprises, established in the reserve or zone, consistent with these principles should be recognised and taken into account. | The plan reflects the aspirations of traditional owners for joint management. This is specifically addressed in Section 4, 5, 6.1, 6.2, 7.9, 7.10, 9.8 |
| 5 Habitat/species management area (category IV)<br>5.01A This clause sets out the management principles for a habitat/species management area (IUCN protected area management category IV). | <br> <br>Section 3.1 |
| 5.01 The reserve or zone should be managed primarily, including (if necessary) through active intervention, to ensure the maintenance of habitats or to meet the requirements of collections or specific species based on the following principles. | Sections 6.9, 9.3 and 9.4 |
| 5.02 Habitat conditions necessary to protect significant species, groups or collections of species, biotic communities or physical features of the environment should be secured and maintained, if necessary through specific human manipulation. | Sections 6.9, 9.2, 9.3 and 9.4 |
| 5.03 Scientific research and environmental monitoring that contribute to reserve management should be facilitated as primary activities associated with sustainable resource management. | Section 6.12 |
| 5.04 The reserve or zone may be developed for public education and appreciation of the characteristics of habitats, species or collections and of the work of wildlife management. | Sections 7.3, 7.4, 9.3 and 9.4 |
| 5.05 Management should seek to ensure that exploitation or occupation inconsistent with these principles does not occur. | Sections 3.1, 4.2, 6.2-6.6, 6.8-6.12, 7.5, 7.9, 7.10, 9.7, 9.8 and 9.10 |
| 5.06 People with rights or interests in the reserve or zone should be entitled to benefits derived from activities in the reserve or zone that are consistent with these principles. | Sections 4, 5, 7.9, 7.10, 9.3 and 9.4 |
| 5.07 If the reserve or zone is declared for the purpose of a botanic garden, it should also be managed for the increase of knowledge, appreciation and enjoyment of Australia’s plant heritage by establishing, as an integrated resource, a collection of living and herbarium specimens of Australian and related plants for study, interpretation, conservation and display. | Sections 9.3 and 9.4 |
EPBC Regulation 10.03B - Schedule 7A
Management plans for Commonwealth Heritage places
| EPBC Commonwealth Heritage requirement | Compliance reference |
| A management plan must: | |
| (a) establish objectives for the identification, protection, conservation, presentation and transmission of the Commonwealth Heritage values of the place; and | Sections 6 and 7.3 |
| (b) provide a management framework that includes reference to any statutory requirements and agency mechanisms for the protection of the Commonwealth Heritage values of the place; and | Section 2.4 |
| (c) provide a comprehensive description of the place, including information about its location, physical features, condition, historical context and current uses; and | A description of Booderee National Park – pages 2 to 8<br>Official Commonwealth Heritage values, site description and condition included in Appendix A. |
| (d) provide a description of the Commonwealth Heritage values and any other heritage values of the place; and | Official Commonwealth Heritage values, site description and condition included in Appendix A. |
| (e) describe the condition of the Commonwealth Heritage values of the place; and | Section 6<br>Official Commonwealth Heritage values, site description and condition included in Appendix A. |
| (f) describe the method used to assess the Commonwealth Heritage values of the place; and | Commonwealth Heritage values will be assessed in accordance with EPBC Regulation 10.03(1) |
| (g) describe the current management requirements and goals, including proposals for change and any potential pressures on the Commonwealth Heritage values of the place; and | This plan describes the management intent for the Booderee National Park for the following 10 year and includes background on potential pressures and proposals for change throughout the plan. See also Section 9.8 - How proposals will be evaluated |
| (h) have policies to manage the Commonwealth Heritage values of a place, and include in those policies, guidance in relation to the following: | |
| (i) the management and conservation processes to be used; | Section 6 – Looking after country and culture. |
| (ii) the access and security arrangements, including access to the area for indigenous people to maintain cultural traditions; | Action 6.3.4, Sections 4.2 and 7 |
| (iii) the stakeholder and community consultation and liaison arrangements; | Sections 1.2 and 4.1 |
| (iv) the policies and protocols to ensure that Indigenous people participate in the management process; | Sections 4 and 5 |
| (v) the protocols for the management of sensitive information; | Section 4.1 |
| (vi) the planning and management of works, development, adaptive reuse and property divestment proposals; | Section 9.8 |
| (vii) how unforeseen discoveries or disturbance of heritage are to be managed; | Managed in accordance with the EPBC Act, in consultation with the Heritage Division of the Department |
| (viii) how, and under what circumstances, heritage advice is to be obtained; | Commonwealth Heritage values will be assessed in accordance with EPBC Regulation 10.03(1) |
| (ix) how the condition of Commonwealth Heritage values is to be monitored and reported; | Section 1.4 |
| (x) how records of intervention and maintenance of a heritage places register are kept; | Sections 6.1, 6.2, 6.3 |
| (xi) the research, training and resources needed to improve management; | Section 5.2 and 6.12<br> |
| (xii) how heritage values are to be interpreted and promoted; and | Section 7.3 |
| (i) include an implementation plan; and | Section 9.11 |
| (j) show how the implementation of policies will be monitored; and | Sections 1.4 and 9.11 |
| (k) show how the management plan will be reviewed. | Section 9.11 |
EPBC Regulation 10.03D - Schedule 7B
Commonwealth Heritage management principles
| EPBC Commonwealth Heritage requirement | Compliance reference |
| The objective in managing Commonwealth Heritage places is to identify, protect, conserve, present and transmit, to all generations, their Commonwealth Heritage values. | Key objectives - page i |
| 2. The management of Commonwealth Heritage places should use the best available knowledge, skills and standards for those places, and include ongoing technical and community input to decisions and actions that may have a significant impact on their Commonwealth Heritage values. | Section 1.2 - Planning Process<br>Section 5 - Joint management<br>Section 6 - Looking after country and culture<br>Section 8.1 - Neighbours, stakeholders and partners |
| 3. The management of Commonwealth Heritage places should respect all heritage values of the place and seek to integrate, where appropriate, any Commonwealth, State, Territory and local government responsibilities for those places. | Local, regional and national significance - page 5<br>Section 2.4 - Legislative Context<br>Section 8.1 - Neighbours, stakeholders and partners |
| 4. The management of Commonwealth Heritage places should ensure that their use and presentation is consistent with the conservation of their Commonwealth Heritage values. | Section 2.4 - Legislative Context<br>Section 2.6 - IUCN Category<br>Section 6.1 - Protecting and Promoting Culture and Knowledge<br>Section 6.2 - Aboriginal Sites of Significance<br>Section 6.3 - Historic Sites<br>Section 7.3 - Visitor Information, Education and Interpretation<br>Section 7.4 - Visitor Safety and Management |
| 5. The management of Commonwealth Heritage places should make timely and appropriate provision for community involvement, especially by people who: | |
| (a) have a particular interest in, or associations with, the place; and | Section 1.2 - Planning Process<br>Section 4 - Joint management<br>Section 8.1 - Neighbours, stakeholders and partners |
| (b) may be affected by the management of the place; | Section 1.2 - Planning Process<br>Section 4 - Joint management<br>Section 8.1 - Neighbours, stakeholders and partners |
| 6. Indigenous people are the primary source of information on the value of their heritage and that the active participation of indigenous people in identification, assessment and management is integral to the effective protection of indigenous heritage values. | Section 4 – Joint management |
| 7. The management of Commonwealth Heritage places should provide for regular monitoring, review and reporting on the conservation of Commonwealth Heritage values. | Section 1.4 - Assessing performance<br>Section 9.11 - Implementation and evaluation |
APPENDIX D
Key plans and strategies used in the management of the park
Plan ref. Fire and emergency p.65 6.7.3 6.7.13 p.64 6.7.2 6.7.14 N/A P. 121 p. 121 6.7.23 9.5.6
Referred to in management plan Plan says that fire operations will be conducted in accordance with this Plan indicates that this strategy was prepared in 1977. Plan indicates that a Fire Management Program will be developed every five years or more frequently as required. The Fire Management Plan will inform a park fire program The plan indicates that the Jervis Bay Territory Emergency Management Plan 2013 details the agreed emergency management arrangements for the Territory and defines agency responsibilities for prevention, preparedness, response and recovery. The plan indicates that in the case of a multi-agency response to fire, the Jervis Bay Territory Bushfire Operations Coordination Plan provides the framework for interagency cooperation within the Territory The plan indicates that an evacuation plan for the park needs to be developed. The plan indicates that an emergency plan needs to be developed.
Existing or planned? Existing May no longer be current Planned Drafted Existing Existing Planned Planned
Document Type Park Plan Strategy Park Plan Park Plan Cooperative plan Cooperative plan Park Plan Park Plan
Document title Booderee National Park Fire Action Plan Vegetation and fire management strategy Fire Management Program Fire Management Plan Draft 2010/11-2020/21) Jervis Bay Territory Emergency Management Plan 2013 Jervis Bay Territory Bushfire Operations Coordination Plan Evacuation plan for the park Emergency plan
Referred to in management plan The plan indicates that a weed management strategy is developed every five years for the park. The plan indicates that the lighthouse is managed in accordance with a conservation strategy The plan indicates that a control program will be maintained and monitored. Plan indicates that climate change strategy will be developed and implemented Plan indicates that a research and monitoring program for the park will be implemented. Plan indicates that a control strategy for introduced animals including emerging pest species such as deer.will be developed. Plan indicates that the living collection will be managed in accordance with the collection policy and that the policy will be reviewed Plan indicates that a master plan for the gardens will be developed. Plan indicates that a marketing plan to promote the commercial sale of plants.will be developed and implemented
Existing or planned? Existing Existing Existing Existing Existing To be developed Existing Planned Planned
Document Type Reference manual? Strategy Work program Strategy Work program Strategy Policy Park plan Park Plan
Document title Booderee National Park Weeds Management Manual Cape St George lighthouse conservation strategy Control program for foxes Booderee National Park Climate Change Strategy 2010-2015 Research and monitoring program for the park Control strategy for introduced animals Booderee National Park Botanic Gardens, Collection Policy Master plan for the Botanic Gardens Marketing plan
Plan ref. Tourism, visitors and interpretation 7.3.1 7.3.10 p. 87 9.2.22 p.88 7.9.8 p.102 7.10.6 7.10.7 7.1.2-4 7.2.1-2 7.2.4 7.2.4 7.6.10
Referred to in management plan Plan indicates that education and interpretation programs will be conducted in accordance with the Communication Guidelines as updated from time to time Plan indicates that a marketing plan for the park was completed in 2006. Plan indicates that the moorings policy will be reviewed. The lease requires the development of an educational and interpretive policy. This requirement is satisfied by the Training Strategy and the Cultural Heritage Strategy. The plan indicates that, in accordance with the Lease, the Director will maintain and review an induction program for tour operators and will require tour operators to use accurate information about the park Plan indicates that during the life of the first plan a policy on the management of weddings and other public gatherings was developed. Plan indicates that a Sustainable Business Plan will be developed Plan indicates that a promotions and marketing strategy to promote key elements of the Sustainable Visitation Strategy will be developed and implemented. Plan also indicates that a marketing plan was completed in 2006 (p.87) Plan indicates that a Walking Track Strategy will developed and implemented in consultation with the Council and the Board.
Document Type (Guidelines) Policy Park plan Policy Policy Work program Policy Strategy Strategy Strategy
Document title Booderee National Park Communication Guidelines Marketing plan Moorings policy Educational and interpretive policy Induction program for tour operators Policy on the management of weddings and other public gatherings Sustainable Business Plan Promotions and marketing strategy Walking track strategy
Plan ref. Business management 5.2.5 5.2.13 p.47 5.2.5 5.2.13 113 9.2.14 7.4.3 9.5.3 Table 8 9.2.5 9.2.22 6.1 – 6.3
Referred to in management plan Supersedes the training Strategy Plan indicates that the Training Strategy will be used to develop training and employment opportunities and employment targets. Plan indicates that a master plan was developed to rectify drainage, public safety, boat ramp access issues and to improve public amenity. Plan indicates that risk assessment will be in accordance with the Director’s Risk Management Policy Plan indicates that environmental assessment guidelines will be reviewed and updated–which all contractors working in the park must comply with. Table 8 of the plan Plan indicates that the Director may seek reimbursement or contributions for the cost of responding to incidents, in particular search and rescue operations, in accordance with guidelines approved by the Board. Commonwealth agencies that own or control Commonwealth Heritage Areas must prepare a written heritage strategy. The management plan may be considered a written strategy.
Existing or planned? Drafted Existing Existing Existing Existing Existing Planned This plan
Document Type Strategy Strategy Park plan Agency policy (Guidelines) Policy (Guidelines) Policy (Guidelines) Policy Strategy
Document title Training and Employment Strategy 2011-2016 Training Strategy 2005-2010 Master Plan for improvements to Murrays Boat Ramp Director’s Risk Management Policy Environmental assessment guidelines for contractors Guidelines for environmental assessment requirements (for all proposals) Cost recovery guidelines (Commonwealth) Heritage Strategy
Plan ref. Indigenous 6.1.10 6.1.11 4.2.7 9.8.7
Referred to in management plan Plan indicates that the park will prepare a CulturalHeritage Strategy in the first year of the plan Plan indicates that Guidelines for traditional use of areas within the park, (including camping). Will be prepared in consultation with the Council and the Board. Plan indicates that we will develop guidelines which assist in assessing the Community benefit test for the approval of the Board
Existing or planned? Drafted Planned Planned
Document Type Strategy (Guidelines)Policy (Guidelines)Policy
Document title Cultural Heritage Strategy Guidelines for traditional use of areas within the park, (including camping). Guidelines for assessing the Communitybenefit test
Appendix E
Significant Species of Booderee National Park
(a) Species listed under Commonwealth and New South Wales legislation
Scientific name Common name Legislative status Marine Cetacean Migratory CAMBA JAMBA ROKAMBA ACAP Bonn
Cwlth NSW
Mammals
Arctocephalus forsteri New Zealand fur seal V
Arctocephalus pusillus doriferus Australian fur seal V
Balaenoptera acutorostrata e minke whale
Cercartetus nanus eastern pygmy possum V
Delphinus delphis common dolphin
Dugong dugon a dugong E
Eubalaena australis southern right whale E V
Globicephala macrorhynchus e short-finned pilot whale
Globicephala melas e long-finned pilot whale
Grampus griseus e Risso’s dolphin
Hydrurga leptonyx a leopard seal
Megaptera novaeangliae humpback whale V V
Mesoplodon layardii e strap-toothed beaked whale
Neophoca cinerea a Australian sea-lion V
Orcinus orca e killer whale
Physeter macrocephalus e sperm whale V
Pseudomys gracilicaudatus eastern chestnut mouse V
Scientific name Common name Legislative status Marine Cetacean Migratory CAMBA JAMBA ROKAMBA ACAP Bonn
Cwlth NSW
Vascular Plants
Cryptostylis hunteriana leafless tongue orchid V V
Calochilus pulchellus pretty beard orchid E
Galium australe tangled bedstraw V
Syzygium paniculatum magenta cherry V E
Definitions
Cwlth: Listed as critically endangered (CE), endangered (E) or vulnerable (V) under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth)
NSW: Listed as critically endangered (CE), endangered (E) or vulnerable (V) under the Threatened Species Conservation Act 1995 (NSW) or as endangered (Ef) or as protected (P) under the Fisheries Management Act 1994 (NSW)
Marine: Listed as a marine species under the EPBC Act
Cetacean: A member of the sub-order Mysticeti or Odontoceti of the order Cetacea protected under Division 3 of the EPBC Act. Cetaceans include whales, dolphins and related marine mammals
Migratory: Listed as a migratory species under the EPBC Act
CAMBA: Listed under the Agreement between the Government of Australia and the Government of the People’s Republic of China for the Protection of Migratory Birds and their Environment
JAMBA: Listed under the Agreement between the Government of Australia and the Government of Japan for the Protection of Migratory Birds in Danger of Extinction and their Environment
ROKAMBA: Listed under the Agreement between the Government of Australia and the Republic of Korea on the Protection of Migratory Birds
ACAP: Listed under the Agreement on the Conservation of Albatrosses and Petrels
Bonn: Listed under the Convention on the Conservation of Migratory Species of Wild Animals
Notes:
(a) vagrant or accidental
(b) unconfirmed record
(c) may be extinct in park
(d) east coast population
(e) present in NSW waters adjacent to Booderee National Park
(f) listed as endangered under the Fisheries Management Act 1994 (NSW)
(b) Other Significant Species
Scientific name Common name Reason for Significance
Mammals
Dasyurus maculatus spotted-tailed quoll Extinct in Booderee but targeted for reintroduction.
Isoodon obesulus southern brown bandicoot Extinct in Booderee but targeted for reintroduction
Perameles nasuta long-nosed bandicoot Classic Critical Weight Range Mammal (35 to 5500 grams) representative of terrestrial Australian mammals very prone to extinction by fox predation. Monitored to measure success of fox baiting program.
Petauroides volans greater glider Formerly common arboreal folivore . Possibly adversely affected by fox control due to influx of large forest owls attracted to high P. peregrinus density.
Petaurus australis yellow-bellied glider Extinct in Booderee but targeted for reintroduction.
Potorous tridactylus long-nosed potoroo Extinct in Booderee but targeted for reintroduction.
Pseudocheirus peregrinus common ringtail possum Critical Weight Range Mammal”(35 to 5500 grams) and important component of the diet of BNPs larger native predators (grey goshawk, powerful owl, diamond python)
Trichosurus vulpecula common brushtail possum Critical Weight Range Mammal (35 to 5500 grams) representative of terrestrial Australian mammals very prone to extinction by fox predation. Monitored to measure success of fox baiting program.
Wallabia bicolor swamp wallaby Ecosystem engineer that at high densities transforms diverse sclerophyll forest to less diverse fern parkland.
Birds
Accipiter novaehollandiae grey goshawk One of the largest forest predators at Booderee.
Cinclosoma punctatum spotted quail-thrush Ground dwelling passerine known to be present in 1970s but now absent.
Epthianura albifrons white-fronted chat Ground dwelling passerine known to be present in 1970s but now absent.
Lopholaimus antarcticus topknot pigeon Rare bird at Booderee. Irregular visitor to rainforest.
Phasianus colchicus common pheasant Exotic species but Bowen Island population is one of the very few free ranging populations in Australia. Maybe conserved for cultural significance.
Phylidonyris melanops tawny-crowned honeyeater Rare bird at Booderee. Restricted to heath.
Stagonopleura bella beautiful firetail finch Rare bird at Booderee. Restricted to heath.
Stipiturus malachurus southern emu wren Rare bird at Booderee. Restricted to heath. Other sub-species have declined severely (Mount Lofty emu wren).
Reptiles
Acanthophis antarcticus common death adder Booderee has a substantial population of these snakes which are very patchily distributed in south-east NSW.
Cyclodomorphus michaeli mainland she-oak skink Relatively rare reptile with a patchy distribution.
Morelia spilota spilota diamond python Largest native terrestrial predator in the Park. Illegally taken by reptile collectors.
Fish
Achoerodus viridis eastern blue groper Heavily targeted by fishermen. Popular with divers.
Heterodontus portusjacksoni Port Jackson shark Very large breeding aggregations off Murray’s Beach.
Orectolobus spp. wobbegong shark Popular with divers.
Pagrus auratus Australasian snapper Heavily targeted by fishermen. Predator of overabundant sea urchin.
Squatina australis Australian angleshark Popular with divers.
Scientific name Common name Reason for Significance
Invertebrates
Eustacus sp Lake Windemere crayfish Distinctive crayfish that may be a species endemic to Booderee.
Haliotis rubra blacklip abalone Targeted by fishermen
Jasus verreauxi eastern rock lobster Targeted by fishermen. Predator of overabundant sea urchin.
Sepioteuthis australis southern calamari Targeted by fishermen. Formerly large breeding aggregations in BNP waters.
Vascular Plants
Thelychiton speciosum rock orchid Extensively harvested by collectors in the past now relatively uncommon. Formerly Dendrobium speciosum.
Dracophyllum oceanicum Grows only in the Jervis Bay area, - Booderee and Beecroft Peninsula on cliff faces.
Telopea speciosissima New South Wales waratah Flowers illegally harvested.
Zieria arborescens ssp. decurrens stinkwood Found only in the Jervis Bay area. Flora of NSW notes it as being rare.
Bibliography
Aquenal (2004). Marine Biodiversity at Booderee National Park, Field surveys of the marine community. Report commissioned by Parks Australia, Canberra
Berkemeier, P (2004). Wreck Bay Aboriginal Community and Booderee National Park Cultural Centre Pre-Design Study Final Report. Report commissioned by Parks Australia.
Briggs, J.D. and Leigh, J.H. (1995). Rare or threatened Australian plants Collingwood, Vic., Australia : CSIRO, Australia ; [Darwin, N.T.] : Australian Nature Conservation Agency
Egloff, B. (1981). Wreck Bay: an Aboriginal fishing community. Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra.
Egloff, B. Navin, K. and Officer, K. (1995). Jervis Bay National Park and Botanic Gardens as Aboriginal land. A final report to the Minister on the significance of the land and water in the Region of Jervis Bay Territory to indicate the appropriateness of a grant under the Aboriginal Land Grant (Jervis Bay Territory) Act 1986 (as amended).
Enmark Pty Ltd (2005a). Booderee National Park – Feasibility Analysis –Accommodation – Food Service – Retail. Report commissioned by Parks Australia.
Enmark Pty Ltd (2005b). Booderee National Park – Park Use Fee – Alternative Structures Considered (revised). Report commissioned by Parks Australia.
Hailey L. (2006). Pricing Restructure Marketing Plan. Report commissioned by Parks Australia.
Hyder Consulting Pty Ltd, (2008). The impacts and management implications of climate change for the Australian government’s protected areas; A report to the Department of Environment, Water, Heritage and the Arts and the Department of Climate Change, Canberra.
Ingwersen (1976). Vegetation of the Jervis Bay Territory. Department of the Capital Territory. Conservation Series Number 3.
IUCN – The World Conservation Union (1994). Guidelines for protected area management categories, IUCN, Switzerland.
McKenzie (2003). Cultural Heritage Program – Site Recording – Site Reassessment Report. Report commissioned by Parks Australia.
Navin, K. and Officer, K. (1993). Archaeological investigation: Proposed water, sewerage and transmission line easements, Bherwerre Peninsula, Jervis Bay.
Penman T. D. and Brassil T.E. (2008). Management of Amphibian Populations in Booderee National Park, South-Eastern Australia, Forest Resources Research, NSW Department of Primary Industries, Beecroft NSW
Sachs, K. (1997). Survey of Sullivan’s recorded Aboriginal site to assess site condition.
Sullivan, M. E. (1977). Aboriginal sites of Bherwerre Peninsula.
Taws, N. (1997). Vegetation survey and mapping of Jervis Bay Territory. Report commissioned by Parks Australia.
Taws, N. (1998). Fire and vegetation management in Jervis Bay Territory. Report commissioned by Parks Australia.
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