Environment Protection and Management (Amendment) Ordinance 1990

No. 1 of 1990

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Heard Island and McDonald Islands Act 1953.

Dated 9 November 1990.

BILL HAYDEN

 Governor-General

By His Excellency's Command,

An Ordinance to amend the Environment Protection and Management Ordinance 1987

Short title

1. This Ordinance may be cited as the Environment Protection and Management (Amendment) Ordinance 1990.1

Principal Ordinance

2. In this Ordinance, “Principal Ordinance” means the Environment Protection and Management Ordinance 1987.2

Interpretation

 3. Section 4 of the Principal Ordinance is amended by omitting “an air­-

 cushion vehicle” from the definitions of “vehicle” and “vessel” and substituting “a hovercraft”.

Ordinance to bind the Crown

4. Section 6 of the Principal Ordinance is amended by inserting in subsection (1) “of the Australian Capital Territory,” after “States,”.

Plans of Management

5. Section 8 of the Principal Ordinance is amended by omitting from paragraph (3) (b) “a date of publication of that notice,” and substituting “less than one month after the date of publication of the notice,”.

R. KELLY

Minister of State for the Arts, Sport, the Environment, Tourism and Territories

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2    Environment Protection and Management (Amendment)         No. 1, 1990

Access to the Territory

6. Section 12 of the Principal Ordinance is repealed and the following section substituted:

Access to the Territory

“12. (1) Subject to subsection (2), a person who knowingly or recklessly enters the Territory is guilty of an offence punishable, on conviction, by a fine not exceeding:

 (a) in the case of a natural person — $10,000 or imprisonment for 5

 years or both; or 

 (b) in the case of a body corporate — $50,000.

“(2) A person may enter the Territory:

(a) in accordance with a permit; or

(b) during the course of an emergency, involving possible loss of human

life or injury to persons, or risk to the safety of an aircraft, a vehicle or a vessel; or

(c) in the performance of the duties of that person as an inspector.”.

Introduction of diseased organism or live poultry

 7. Section 13 of the Principal Ordinance is amended by inserting

“knowingly or recklessly” after “who”.

Acts prohibited within the Territory

 8. Section 14 of the Principal Ordinance is amended:

 (a) by omitting from subsection (1) “A person who, except in accordance

 with a permit:" and substituting "Subject to subsection (2), a person

 who, knowingly or recklessly:”;

 (b) by omitting “enters the Territory,” from paragraph (1) (e);

 (c) by omitting subsection (2) and substituting the following subsection:

“(2) A person does not commit an offence under subsection (l)

 if the act in question:

(a) was done to avoid possible loss of human life or injury to

     persons, or risk to the safety of an aircraft, a vehicle or a vessel; or

(b) was done in accordance with a permit issued under this

     Ordinance, the Endangered Species Ordinance 1980 or the

     Migratory Birds Ordinance 1980”.

Permits

9. Section 15 of the Principal Ordinance is amended by omitting from subsection (4) “fees” and substituting “fees, not exceeding $50,”.

Contravening conditions of permits

 10. Section 18 of the Principal Ordinance is amended by inserting

“knowingly or recklessly” after “who”.

NOTES

l. Notified in the Commonwealth of Australia Gazette on 16 November 1990.

2. No. 1, 1987.

Environment Protection and Management (Amendment)       No. 1. 1990    3

11. After section 19 of the Principal Ordinance the following section is

inserted:

  Delegation of powers

“19A. The Minister may, by instrument signed by him or her, delegate to a person all or any of the powers conferred on the Minister by sections 15 and 19, other than the power to approve a form of application for a permit.” .

Appointment of inspectors

12. Section 20 of the Principal Ordinance is amended by omitting from subsection (3) “a certificate” and substituting “an identity card that bears a photograph of the holder and contains a statement”.

Return of inspectors’ certificates

13. Section 21 of the Principal Ordinance is amended:

(a) by omitting “a certificate” and substituting “an identity card”;

(b) by omitting “that certificate” and substituting “that identity card”.

Review of decisions

 14. Section 23 of the Principal Ordinance is amended:

             (a) by omitting from subsection (2) “in writing served personally or by

     post on” and substituting “, served in accordance with subsection

     (2A), notify”;

 (b) by omitting from subsection (2) “notify that applicant or permit

      holder of the decision so made,” and substituting “of the decision”;

 (c) by inserting after subsection (2) the following subsection:

      “(2A) A notice under subsection (2) shall be served on the applicant or permit holder, as the case may be, within 28 days of the making of the decision to which it relates, and may be served:

(a) personally; or

(b) by post; or

(c) if the person to be served is not present in a State or internal

Territory, by radio, telephone or other electronic means.”.

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