THE MANAGEMENT PLAN FOR

PULU KEELING NATIONAL PARK

 

Part 1 Introduction

 

 

 

 

 

 

 

 

 

 

 

Five week old red-footed booby

(Photo by Robert Thorn)


Part 1 Introduction

 

 

Pulu Keeling National Park was declared on 12 December 1995 by Proclamation under the National Parks and Wildlife Conservation Act 1975 which was replaced on 16 July 2000 by the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).  The Park continues as a Commonwealth reserve under the EPBC Act pursuant to Part 3 Section 2 of the Environmental Reform (Consequential Provisions) Act 1999, which deems the Park to have been declared for the following purposes:

 

 

The Park’s most outstanding feature is its intact coral atoll ecosystem.  With the widespread global decline of similar coral island habitats and their associated reefs due to various human interactions, the conservation and protection of the Park and its wildlife is a matter of international importance.

 

North Keeling Island is an internationally significant seabird rookery.  Seventeen species of birds recorded on the Island are listed in the Agreement between the Government of Australia and the Government of the People’s Republic of China for the Protection of Migratory Birds and their Environment (CAMBA), and the Agreement between the Government of Australia and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment (JAMBA). The breeding colony of the dominant bird species, the red-footed booby Sula sula, is one of the largest in the world.

The island is the main locality where the endemic and endangered Cocos buff-banded rail, Gallirallus philippensis andrewsi, is found.  The critically endangered Round Island petrel, Pterodroma arminjoniana, has also been recorded on the Island.

North Keeling Island remains one of the few examples in the Indian Ocean of a seabird colony habitat relatively unaffected by feral animals and only rarely visited by humans.

The island is home to a number of land crabs including the robber crab, Birgus latro, and is used by the green turtle, Chelonia mydas, and hawksbill turtle, Eretmochelys imbricata, which are both classified as vulnerable.  Green turtles also occasionally nest on North Keeling Island.

North Keeling Island contains rare ecosystems now absent from other islands of the Cocos (Keeling) group.  The vegetation in the Park is available to be used as a source of seed material for revegetation and a gene pool for recolonisation of the southern atoll.  The marine zone of Pulu Keeling National Park is effectively a refuge area for species heavily exploited on the southern atoll.

North Keeling Island is significant for studies of island biogeography because of its evolution in isolation (Woodroffe et al. 1994), and its relatively pristine condition.  The Cocos (Keeling) Islands continue to be a site of scientific research, at present being one of the key areas for the study of the effects of global warming (greenhouse effect) on sea levels (Woodroffe and McLean 1993).

Both atolls also form an isolated pair of unique marine and terrestrial habitats and historically would also have had biological links, as each would have contributed to the other in terms of recruitment and their ability to withstand major events such as cyclone and fire.

The Cocos (Keeling) Islands hold a special place in the literature on coral atolls.   Of the hundreds of islands seen by Charles Darwin during the voyage, this was the only atoll which he explored on foot.  It played a central role in the development of his theory of coral reef formation (Williams 1994a).

On the reef off the southern end of North Keeling Island lies the wreck of the First World War German raider, SMS Emden, listed and protected under the Historic Shipwrecks Act 1976.

 

 

This is the second Management Plan for Pulu Keeling National Park.  The first Plan came into operation on 9 March 1999 and ceases to have effect on 8 March 2004.

 

 

 

This management plan has been structured to reflect the Parks Australia Strategic Planning and Performance Assessment Framework. The Framework sets down, within the broader context of the The Department of the Environment and Heritage Corporate Plan, a set of outcomes based on government policy, legislative requirements and the management requirements of the protected area estate that is the responsibility of the Director of National Parks. The outcomes are developed against the following seven Key Result Areas:

 

 KRA1:  Natural Heritage Management

 KRA2:  Cultural Heritage Management

 KRA3:  Joint Management

 KRA4:  Visitor Management and Park Use

 KRA5:  Stakeholders and Partnerships

 KRA6:  Business Management

 KRA7:  Biodiversity Knowledge Management

(Note:  Not all Key Result Areas are applicable to all reserves.  Key Result Areas 3 and 7 are not relevant to Pulu Keeling National Park and are not addressed in this Plan.)

 

 


The following outcomes developed by the Director of National Parks are relevant to Pulu Keeling National Park:

 

 

Key Result Area 1

 

1.1 Natural values for which Commonwealth reserves were declared and/or recognised have been maintained.

 

1.2 Populations of EPBC listed threatened species and their habitats have been conserved.

 

 

Key Result Area 2

 

2.1 Cultural heritage values, both Indigenous and non-Indigenous, for which the parks were declared and are recognised have been protected and conserved.

 

2.2 Living cultural traditions are being maintained.

 

2.3 The impacts of threats to cultural values have been minimised.

 

2.4 Wide awareness and appreciation that parks are managed and presented as living cultural landscapes and seascapes has been achieved.

 

 

Key Result Area 4

 

4.1 Visitors to Commonwealth reserves enjoy inspirational, satisfying and safe experiences.

 

4.2 Visitor impacts (on reserve management, values, the environment and other visitors) are within acceptable levels.

 

4.3 Public awareness and appreciation of the values of Commonwealth reserves has been enhanced.

 

4.4 Commercial operators provide a high quality service to park visitors.

 

 

Key Result Area 5:

 

5.1 Volunteers contribute to area management based on clearly defined roles.

 

5.2 Stakeholders (eg. neighbours, State agencies and park user groups) are involved in, and contribute effectively, to, park management activities.

 

5.3 Commercial and other partnership opportunities are encouraged and evaluated.

 

 

Key Result Area 6:

 

6.1 Planning and decision-making is based on best available information; legislative obligations; PA policy and social justice principles.

 

6.2 Financial and business management is based on better practice and Government requirements.

 

6.3 High levels of staff expertise and performance is recognised and valued.

 

6.4 Obligations under the EPBC Act and Regulations relating to management of Commonwealth reserves are complied with.

 

6.5 Ministerial directions and other obligations are complied with.

Each section of this plan contains an ‘Aim’ that describes the desired result of park management activity and a series of ‘Prescriptions’ that represent the work planned to be done in order to meet the Aim.  The aims have been formulated to encapsulate the desired results of management of Pulu Keeling National Park while, at the same time, contributing to the achievement of the outcomes listed above.

 

In addition to annual reporting on implementation of the prescriptions contained in this plan (see section 9), it is proposed that progress against identified aims also be measured periodically.  This approach is designed to provide a basis for measuring achievement and accountability to the public while providing a feedback mechanism that, in line with the principle of adaptive management, will identify areas where management may need to be altered in order to reach the desired aims. 

 

Progress toward achieving each aim will be assessed using appropriate performance indicators.  Indicators are included in each section of the plan.  During the life of the plan and in accordance with an adaptive management approach, these indicators may be varied to ensure that they are the most appropriate or efficient.

 

This Management Plan may be cited as the Pulu Keeling National Park Management Plan.

 

 

 

This Management Plan will come into operation following approval under section 370 of the Environment Protection and Biodiversity Conservation Act 1999 and will cease to have effect seven years after commencement, unless sooner revoked and replaced by a new Management Plan.

 

 

In this Management Plan:

 

ANPWS  means the Australian National Parks and Wildlife Service, established under the National Parks and Wildlife Act 1975;

CAMBA  means Agreement between the Government of Australia and the Government of the People's Republic of China for the Protection of Migratory Birds and their Environment;

CKISC  means the Cocos (Keeling) Islands Shire Council;

Commonwealth reserve  means a reserve declared under Division 4 of Part 15 of the EPBC

Director  means the Director of National Parks under section 514A of the EPBC Act;

EPBC Act  means the Environment Protection and Biodiversity Conservation Act 1999, including Regulations under the Act, and includes reference to any Act amending, repealing or replacing the EPBC Act;

EPBC Regulations means the Environment Protection and Biodiversity Conservation Regulations 2000 and includes reference to any Regulations amending, repealing or replacing the EPBC Regulations;

IUCN  means The World Conservation Union;

JAMBA   means Agreement between the Government of Australia and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment;

Lease agreement  means the lease agreement in respect of North Keeling Island between the Cocos (Keeling) Islands Shire Council and the Director of National Parks;

Management principles   means the Australian IUCN reserve management principles set out in Schedule 8 of the EPBC Regulations (see Appendix 2);

Parks Australia   means that part of the Department of the Environment and Heritage that assists the Director in performing the Director’s functions under the EPBC Act;

PKNPCMC   means the Pulu Keeling National Park Community Management Committee;

Scuba   means self-contained underwater breathing apparatus;

The Park   means Pulu Keeling National Park.

 

 

As noted in Section 1.1, the Park was proclaimed under the National Parks and Wildlife Conservation Act 1975 and the Park is continued as a Commonwealth reserve under the EPBC Act by the Environmental Reform (Consequential Provisions) Act 1999 which deems the Park to have been declared for the following purposes:

 

(a) the preservation of the area in its natural condition; and

(b) the encouragement and regulation of the appropriate use, appreciation and enjoyment of the area by the public.

Administration and management of Commonwealth reserves are a function of the Director under the EPBC Act (s.514B).

The EPBC Act (s.366) requires the Director to prepare management plans for the Park.  When prepared, a plan is given to the Minister for the Environment and Heritage for approval.  A management plan is a ‘disallowable instrument’, and when approved must be tabled in each House of the Commonwealth Parliament.  Either House of the Parliament may disallow a plan.  A management plan for a Commonwealth reserve has effect for seven years, subject to being revoked or amended earlier by another management plan for the reserve.

The Director must exercise the Director’s powers and perform the Director’s functions to give effect to a management plan in operation for a Commonwealth reserve; and the Commonwealth and Commonwealth agencies must not perform functions or exercise powers in relation to the reserve inconsistently with the plan (s.362).

Under the EPBC Act (s.367) a management plan for a Commonwealth reserve must provide for the protection and conservation of the reserve and must assign the reserve to one of the following IUCN categories (which correspond to the six distinct categories of protected areas identified by the IUCN):

        strict nature reserve;

        wilderness area;

        national park;

        natural monument;

        habitat/species management area;

        protected landscape/seascape; or

        managed resource protected area.

In preparing a management plan the EPBC Act (s.368) requires account to be taken of various matters.  In relation to the Park these matters include:

        the regulation of the use of the Park for the purpose for which it was declared; and

        the interests of CKISC as owner of North Keeling Island; and

        the protection of the special features of the Park, including objects and sites of biological, historical, palaeontological, archaeological, geological and geographical interest; and

        the protection, conservation and management of biodiversity and heritage within the Park; and

        the protection of the Park against damage; and

        Australia’s obligations under agreements between Australia and one or more other countries relevant to the protection and conservation of biodiversity and heritage.

The EPBC Act (s.354) prohibits certain actions being taken in a Commonwealth reserve except in accordance with a management plan.  These actions are:

        kill, injure, take, trade, keep or move a member of a native species; or

        damage heritage; or

         carry on an excavation; or

        erect a building or other structure; or

        carry out works; or

        take an action for commercial purposes

Mining operations are prohibited in Commonwealth reserves unless the Governor-General has approved them and they are carried out in accordance with a management plan (s.355).

The EPBC Regulations regulate a range of activities in Commonwealth reserves, such as use of vehicles and vessels, littering, commercial activities, commercial fishing, recreational fishing and research.  The Regulations are applied by the Director of National Parks, subject to and in accordance with the EPBC Act and management plans.  Activities that are prohibited or restricted by the EPBC Act may be carried on in accordance with a permit issued by the Director and/or they are carried on in accordance with a management plan.

As noted earlier, the Park was declared under the National Parks and Wildlife Act 1975, which was replaced by the EPBC Act on 16 July 2000.  The EPBC Act has also replaced six other Commonwealth Acts.  They are the Environment Protection (Impact of Proposals) Act 1974, Endangered Species Protection Act 1992, Whale Protection Act 1980, World Heritage Properties Conservation Act 1983, Wildlife Protection Act (Regulation of Exports and Imports) Act 1982 and the Australian Heritage Commission Act 1975.  Other parts of the EPBC Act other than the Commonwealth Reserves provisions in Part 15 may also be relevant to the management of the Park and the taking of actions in and in relation to the Park.

Actions that will, or are likely to, have a significant impact on matters of ‘National Environmental Significance’ or on the general environment of Commonwealth land (including its heritage values), will be subject to the assessment and approval provisions of Chapters 2 to 4 of the EPBC Act (irrespective of where the action is taken). The land component of the Park is Commonwealth land for the purposes of the EPBC Act, and the marine component is a ‘Commonwealth marine area’.  The matters of national environmental significance identified in the Act, acting as triggers for the EPBC Act’s assessment and approval process are currently:

        World Heritage properties;

        National Heritage values of a National Heritage place;

        Ramsar wetlands (wetlands of international importance);

        listed threatened species and ecological communities;

        listed migratory species;

        nuclear actions; and

        the Commonwealth marine environment.

Responsibility for compliance with the assessment and approvals provisions of the EPBC Act lies with persons taking relevant ‘controlled’ actions as defined under s.67 of the EPBC Act.  A person proposing to take an action that the person thinks may be or is a controlled action should refer the proposal to the Minister for the Environment and Heritage for the Minister’s decision whether or not the action is a controlled action.  The Director of National Parks may also refer proposed actions to the Minister.

The EPBC Act also contains provisions (Part 13) that prohibit and regulate actions taken in Commonwealth areas in relation to listed threatened species and ecological communities, listed migratory species, cetaceans (whales and dolphins) and listed marine species. Appendix 1 to this Management Plan lists fauna species of significance to the Park, including species that are listed under the EPBC Act as at 1 January 2004.  (Appendix 1 also includes references to the Department of the Environment and Heritage website to access current lists).

Civil and criminal penalties may be imposed for breaches of the EPBC Act.

 

The purpose of this Management Plan is to describe the philosophy and direction of management for the Park for the next seven 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) must provide for the protection and conservation of the reserve.  In particular, the plan must:

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

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

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

  1.          if the Director holds land or seabed included in the reserve under lease, be consistent with the Director’s obligations under the lease;

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

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

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

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

(i) indicate how the plan takes account of Australia’s obligations under each agreement with one or more other countries that is relevant to the reserve (including the World Heritage Convention and the Ramsar Convention, if appropriate).

A management plan may divide a Commonwealth reserve into zones and assign each zone to an IUCN category.  The category to which a zone is assigned may differ from the category to which the reserve is assigned (s.367(2)).

The provisions of a management plan must not be inconsistent with the management principles for the IUCN category to which the reserve or a zone of the reserve is assigned (s.367(3)).

 

As outlined in sections 2.4 and 2.5 a Management Plan for a Commonwealth reserve or a zone within a Commonwealth reserve must be assigned to an IUCN category.  This Management Plan assigns the Park to the IUCN category ‘national park’, and divides the Park into two zones and assigns the zones to the IUCN categories ‘strict nature reserve’ (terrestrial area and lagoon) and ‘national park’ (marine area) respectively (see section 3).

 

The EPBC Act (section 347(2)) lists the characteristics for each IUCN category.  The characteristics of a strict nature reserve are that it contains some outstanding or representative ecosystems, geological or physiological features or species.  The characteristics of a national park are that it consists of an area of land, sea, or both, in natural condition.

Appendix 2 to this Management Plan sets out the relevant management principles for the IUCN categories strict nature reserve and national park, as prescribed in Schedule 8 to the EPBC Regulations.

 

 

As noted in sections 2.4 and 2.5, this Management Plan must take account of Australia’s obligations under relevant international agreements.  The following agreements are relevant to the Park.

 

The Ramsar Convention is an international treaty which provides the framework for national action and international cooperation for the conservation and wise use of wetlands and their resources.  The Park is included in the List of Wetlands of International Importance under the Ramsar Convention.  A copy of the Pulu Keeling Ramsar information sheet is at Appendix 4.  Australian Ramsar management principles are prescribed by the EPBC Regulations (Schedule 6). An extract from the principles is at Appendix 5. This Management Plan is consistent with these Ramsar management principles.

The Bonn Convention aims to conserve terrestrial, marine and avian migratory species throughout their range.  Parties to this convention work together to conserve migratory species and their habitats.

CAMBA provides for China and Australia to co-operate in the protection of migratory birds listed in the Annex to the Agreement, and their environment, and requires each country to take appropriate measures to preserve and enhance the environment of migratory birds.

Agreement between the Government of Australia and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment (JAMBA)

JAMBA provides for Japan and Australia to co-operate in taking measures for the management and protection of migratory birds, birds in danger of extinction, and the management and protection of their environments, and requires each country to take appropriate measures to preserve and enhance the environment of birds protected under the provisions of the agreement.

Appendix 1 to this Management Plan lists species of the Park that are listed in, or under these international agreements as at 1 January 2004.  (Appendix 1 also includes references to the Department of the Environment and Heritage website to access current lists).

 

 

As noted earlier in this Management Plan, North Keeling Island is leased to the Director by CKISC, and the Plan must take account of, and be consistent with, the Lease agreement. [See Sections 2.4 and 2.5].

 

The island is leased for the purposes of administration, management and control of the Park in accordance with the EPBC Act.  Under the Lease agreement the Director has covenanted:

The Lease agreement requires management plans for the Park to establish and continue a Community Management Committee comprised of the Director (or the Director’s nominee), 3 members nominated by the Director and 6 members nominated by CKISC to represent the Cocos (Keeling) Islands community; with the functions to:

The previous Management Plan for the Park provided for the establishment of the PKNPCMC, which is continued by this Management Plan. [See Section 7].

 

 

Historic Shipwrecks Act

The wreck of the SMS Emden is a declared historic shipwreck under the Historic Shipwrecks Act 1976.  The Act prohibits conduct that: destroys or causes damage to a historic shipwreck; causes interference with a historic shipwreck; causes the disposal of a historic shipwreck; or causes a historic shipwreck to be removed from Australia.

The sea within a 500m radius around the remains of the SMS Emden is a declared protected zone under the Historic Shipwrecks Act 1976. The Historic Shipwrecks Regulations 1978 prohibit certain activities in a protected zone unless they are done in accordance with a permit under the Act.

The prohibited activities include: bringing diving equipment into a protected zone; using such equipment in a protected zone; causing a ship carrying such equipment to enter, or remain within, a protected zone; diving or engaging in any other underwater activity within a protected zone; and mooring or using ships within a protected zone.

The power to grant permits to access the SMS Emden under the Historic Shipwrecks Act 1976 has been delegated to the Director of the West Australian Maritime Museum.