The park and botanic garden are also estThe park and botanic garden are also established under the Norfolk Island National Park and Norfolk Island Botanic Garden Act 1984 (NI), which operates subject to the EPBC Act. For the purposes of this Act, one or more persons may be appointed by the responsible Minister as Officers. In the past, the park manager has been appointed as an Officer, with the designation of Park Superintendent.

The park and botanic garden are also established under the Norfolk Island National Park and Norfolk Island Botanic Garden Act 1984 (NI), which operates subject to the EPBC Act. For the purposes of this Act, one or more persons may be appointed by the responsible Minister as Officers. In the past, the park manager has been appointed as an Officer, with the designation of Park Superintendent.

Planning process

Management plans

Section 366 of the EPBC Act requires the Director to prepare management plans for the park and the botanic garden. When prepared, a plan is given to the Minister for approval. A management plan is a ‘legislative instrument’ for the purposes of the Legislation Act 2003 and must be registered under that Act. Following registration the plan is tabled in each House of the Commonwealth Parliament and may be disallowed by either House on a motion moved within 15 sitting days of the House after tabling.

A management plan for a Commonwealth reserve has effect for ten years, subject to being revoked or amended earlier by another management plan for the reserve.

Purpose, content and matters to be taken into account in a management plan

The purpose of this management plan is to describe the philosophy and direction of management for the park and botanic garden for the next ten years in accordance with the EPBC Act. The plan enables management to proceed in an orderly way; it helps reconcile competing interests and identifies priorities for the allocation of available resources.

Under s.367(1) of the EPBC Act, a management plan for a Commonwealth reserve (in this case, the park and the botanic garden) must provide for the protection and conservation of the reserve. In particular, each plan must:

(a) assign the reserve to an IUCN protected area category (whether or not a proclamation has assigned the reserve or a zone of the reserve to that IUCN category); and

(b) state how the reserve, or each zone of the reserve, is to be managed; and

(c) state how the natural features of the reserve, or of each zone of the reserve, are to be protected and conserved; and

(d) if the Director holds land or seabed included in the reserve under lease—be consistent with the Director’s obligations under the lease; and

(e) specify any limitation or prohibition on the exercise of a power, or performance of a function, under the EPBC Act in or in relation to the reserve; and

(f) specify any mining operation, major excavation or other works that may be carried on in the reserve, and the conditions under which it may be carried on; and

(g) specify any other operation or activity that may be carried on in the reserve; and

(h) indicate generally the activities that are to be prohibited or regulated in the reserve, and the means of prohibiting or regulating them; and