Norfolk Island National Park and Norfolk Island Botanic Garden Management Plan 2020
Appendix BAppendix B
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Appendix B
Legislative context
Establishment of the National Park and Botanic Garden
The Mt Pitt section of the park and the Botanic Garden were established when the Norfolk Island National Park and Norfolk Island Botanic Garden Act 1984 (Norfolk Island) came into effect on 12 February 1985. Prior to this, both Mt Pitt Reserve and Phillip Island had been public reserves declared under the Commons and Public Reserves Ordinance 1936 (Norfolk Island). The Mt Pitt section of the Park and the Botanic Garden were subsequently also proclaimed under the National Parks and Wildlife Conservation Act 1975 (Commonwealth) (NPWC Act) on 31 January 1986 following a request of the Norfolk Island Legislative Assembly.
The Phillip Island section of the park was proclaimed under the NPWC Act on 24 January 1996. The NPWC Act was replaced by the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) in July 2000. The park and the botanic garden continue as Commonwealth reserves under the EPBC Act pursuant to the Environmental Reform (Consequential Provisions) Act 1999, which deems the park to have been declared for the following purposes:
• the preservation of the area in its natural condition
• the encouragement and regulation of the appropriate use, appreciation and enjoyment of the area by the public
and deems the botanic garden to have been declared for the purpose of:
• increasing 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.
The Director of National Parks is responsible for the management of Norfolk Island National Park and Norfolk Island Botanic Garden.
Director of National Parks
The Director is a corporation-sole under the EPBC Act (s.514A) and a corporate Commonwealth entity for the purposes of the Public Governance, Performance and Accountability Act 2013. The corporation is constituted by the person appointed by the Governor-General to the office that is also called the Director of National Parks (s.514F of the EPBC Act).
The functions of the Director (s.514B) include the administration, management and control of the park and botanic garden. The Director generally has power to do all things necessary or convenient for performing the Director’s functions (s.514C). The Director has a number of specified powers under the EPBC Act and EPBC Regulations, including the power to prohibit or control some activities and to issue permits or enter into licences for activities that are otherwise prohibited. The Director performs functions and exercises powers in accordance with this management plan.