Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL PARKS AND WILDLIFE REGULATIONS (AMENDMENT) 1995 NO. 374

STATUTORY RULES 1995 No. 374

Issued by the authority of the Minister for Environment, Sport and Territories

National Parks and Wildlife Conservation Act 1975

National Parks and Wildlife Regulations (Amendment)

Section 71 of the National Parks and Wildlife Conservation Act 1975 (the Act provides for the making of regulations by the GovernorGeneral. Under subsection 71 (1), regulations may be made prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.".

Part 3 of the Regulations-Wildlife Conservation-was applied to Christmas Island by Statutory Rules 1992 No. 319 to provide a modem legislative regime for nature conservation outside the Christmas Island National Park. All wildlife is protected under the Regulations except those that are declared unprotected by the Minister.

Existing paragraph 48(1)(a) of the Regulations provides that the Minister may declare that an animal is not a protected animal.

The purpose of the amending regulations is to extend the provisions of paragraph 48(1)(a) so that the Minister may also declare that an animal is not a protected animal in a specified place or under specified circumstances. The amendment to the Regulations provides the flexibility required to allow for partial 'unprotection' in a specified circumstance or in a specified place.

On 22 October 1992 the Minister made a declaration to, inter alia, partially unprotect the Robber Crab outside the National Park on Christmas Island. At the time the declaration was made the Regulations did not provide for the partial unprotection of animals and as such, that part of the declaration was not valid.

The amending regulations enable the Minister to make a new declaration to ensure the protection of the Robber Crab on the golf course in the Territory of Christmas Island, while maintaining the customary rights of residents to take the crab (for personal consumption) in areas which lie outside the golf course and the National Park. The wildlife in the Park is protected under Part 2 of the Regulations.

Paragraph 46(a)(ii) in the interpretation section which defines a protected animal is also amended, commensurate with the amendment of paragraph 48(1)(a).