Federal Register of Legislation - Australian Government

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Plans/Management of Sites & Species as made
This plan is the Australian National Botanic Gardens Management Plan 2012-2022.
Administered by: Environment and Energy
Registered 28 May 2012
Tabling HistoryDate
Tabled HR18-Jun-2012
Tabled Senate18-Jun-2012

 

EXPLANATORY STATEMENT

 

Australian National Botanic Gardens Management Plan 2012-2022

 

The Australian National Botanic Gardens

The Australian National Botanic Gardens was declared a reserve on 17 September 1991 under the National Parks and Wildlife Conservation Act 1975 which was replaced by the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) in July 2000. It continues as a Commonwealth reserve under the EPBC Act, pursuant to the Environmental Reform (Consequential Provisions) Act 1999, which deems the Australian National Botanic Gardens to have been declared for the purpose of 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.

Under this management plan, the Australian National Botanic Gardens will continue to curate Australia’s national living collection to inspire, inform and connect people to Australian flora and provide a reference source which supports botanical and horticultural science, as well as supporting the work of other academic institutions. The collection is a representation of Australia’s unique plant diversity and several parts of the collection are displayed to illustrate ecosystems and landscapes. Increasingly, conservation will influence the development of the living collection. There will be a greater emphasis on using the collection to connect people with plants through various display, design and communication techniques and learning at all ages will be encouraged.

Overview of the Legislative Instrument

The Director of National Parks prepares management plans for Commonwealth reserves in accordance with Section 368 of the EPBC Act. The purpose of this management plan is to describe the philosophy and direction of management for the Australian National Botanic Gardens for the next ten years in accordance with the EPBC Act. The plan enables management to proceed in an orderly way, helps to reconcile competing interests, and identifies priorities for the allocation of available resources.

The EPBC Act and associated Regulations prohibit certain activities from occurring in the Australian National Botanic Gardens and other Commonwealth reserves. The management plan for the Gardens is an enabling document. It allows management activities to occur that would otherwise be restricted under EPBC legislation, and enables certain management, recreational and commercial activities to occur.

This management plan is based on the management principles and intent of the previous plan, taking into consideration public comments towards the initial development of the plan, and public comments submitted on a draft of the management plan that was released for public comment in November 2011.


 

 

 

Consultation

On 17 December 2008 a notice was published in the Australian Government Gazette, the Australian and Canberra Times newspapers, and placed on the department’s website, inviting comments on the proposal to prepare a draft management plan. A Have Your Say brochure was also circulated to stimulate awareness of the planning process and the opportunity to contribute to the plan.

Taking into consideration the comments submitted on the proposal to prepare a plan for the Gardens, the Director then prepared a draft management plan in accordance with Section 368 of the EPBC Act. The development of the draft plan also involved extensive consultation with local and national stakeholders beginning in 2009.

The draft management plan was released on 23 November 2011 and a 70 day public comment period was approved to provide sufficient time for stakeholders to consider the draft plan and provide comments. The public comment period closed on 31 January 2012. Invitations to comment on the draft plan were published in the Australian Government Gazette, the Australian and Canberra Times newspapers, and placed on the department’s website.

The Director considered all public submissions and has changed minor aspects of the plan as a result of his consideration of these submissions.

Period of operation

This management plan will come into operation, following approval by the Minister under s.370 of the EPBC Act, at the beginning of the day after it is registered under the Legislative Instruments Act 2003. The plan will cease to have effect ten years after commencement, unless revoked or amended earlier by another management plan.

Regulation Impact Statement

This management plan has been written to encourage greater access to the resources of the Gardens and does not place any new restrictions upon individuals or businesses. The Office of Best Practice Regulation (OBPR) advised that a Regulatory Impact Statement was not required for this management plan (OBPR reference: ID 2012/13605).

Statement of Compatibility

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This Legislative Instrument does not restrict any of the applicable rights or freedoms.

 

 

Peter Cochrane
Director of National Parks

May 2012