How does the government decide which areas are protected as national parks or reserves?

In Plain English

The Australian government can declare areas of land and sea as Commonwealth reserves, including national parks and marine parks. This can happen if the government owns the land or leases it, or if the area is in Commonwealth waters. The Environment Protection and Biodiversity Conservation Act 1999 outlines the rules for this.

Before declaring an area as a reserve, the government often assesses it to see if it's worth protecting due to its biodiversity, natural features, or heritage. The Governor-General makes the final decision via a proclamation.

These reserves are assigned a category based on guidelines from the International Union for Conservation of Nature (IUCN). These categories determine how the area is managed. For example, a "strict nature reserve" is mainly for scientific research, while a "national park" is for protecting natural beauty and allowing tourism. Management plans are created for each reserve, and these plans must align with the IUCN category assigned to the area. The Director of National Parks is responsible for managing these reserves according to these plans.

Detailed Explanation

The process for deciding which areas are protected as national parks or reserves is governed by the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and associated regulations. Here's a breakdown:

1. Declaration of Commonwealth Reserves:

   • The Governor-General can declare areas of land or sea as Commonwealth reserves via proclamation, as per s.344 of the Environment Protection and Biodiversity Conservation Act 1999.
   • These areas can include:
     • Land owned or leased by the Commonwealth.
     • Areas within the Commonwealth marine area (generally from the 3 nautical mile limit to the edge of Australia's exclusive economic zone).
     • Areas outside Australia where Australia has international obligations to protect biodiversity or heritage.

2. Assessment and Conservation Zones:

   • Before declaring an area a Commonwealth reserve, the Minister must be satisfied that the area should be assessed to determine whether its biodiversity, natural features, and heritage warrant protection by including it in a Commonwealth reserve (s.390D of the Environment Protection and Biodiversity Conservation Act 1999).
   • The Governor-General may declare a Commonwealth area outside a Commonwealth reserve to be a conservation zone (s.390D of the Environment Protection and Biodiversity Conservation Act 1999).

3. IUCN Categories:

   • The Environment Protection and Biodiversity Conservation Act 1999 requires Commonwealth reserves (and any zones within them) to be assigned to one of the seven categories prescribed by the EPBC Regulations, corresponding to IUCN categories. These categories include:
     • Strict Nature Reserve (Ia)
     • Wilderness Area (Ib)
     • National Park (II)
     • Natural Monument (III)
     • Habitat/Species Management Area (IV)
     • Protected Landscape/Seascape (V)
     • Managed Resource Protected Area (VI)

4. Management Plans:

   • The Director of National Parks is responsible for preparing a management plan for each Commonwealth reserve, as required by the Environment Protection and Biodiversity Conservation Act 1999.
   • These plans must provide for the protection and conservation of the reserve (s.367 of the Environment Protection and Biodiversity Conservation Act 1999).
   • The management plan may divide the reserve into zones and assign each zone to an IUCN category.
   • The provisions of the management plan must be consistent with the Australian IUCN reserve management principles for the assigned IUCN category.

5. Decision-Making and Considerations:

   • In preparing a management plan, the Director must consider various factors (s.368 of the Environment Protection and Biodiversity Conservation Act 1999), including:
     • Reports considered by the Minister before the reserve was declared.
     • Regulation of the use of the reserve.
     • The interests of landowners, traditional owners, Indigenous persons, and those with existing usage rights.
     • Protection of special features, biodiversity, and heritage.
     • Protection against damage.
     • Australia’s obligations under international agreements.

6. Proclamation and Legal Framework:

   • The legal basis for the establishment and management of Commonwealth reserves is provided by the Environment Protection and Biodiversity Conservation Act 1999 and the EPBC Regulations.
   • The proclamation declaring the reserve must assign it to a particular IUCN category (s.346(1)(e) of the Environment Protection and Biodiversity Conservation Act 1999).