Compliance and enforcement

The EPBC Act and Regulations prohibit a range of activities in Commonwealth parks and gardens unless authorised in accordance with the Act. Under the regulations, the Director may also prohibit, restrict or determine the manner of conduct of certain activities. Failure to comply is a criminal offence and for certain unauthorised actions civil pecuniary penalties may be imposed.

Wardens and rangers are appointed under the EPBC Act to exercise compliance and enforcement powers in relation to the Act and its regulations. Members of the Australian Federal Police and officers of the Australian Customs and Border Protection Service are ex officio wardens by force of the Act. In accordance with the Commonwealth Fraud Control Guidelines and the Australian Government Investigation Standards, Parks Australia’s wardens are trained in Certificate IV in Government (Investigations) and rangers are trained in relevant modules of the certificate.

A whole-of-government approach is taken to compliance and enforcement in Australian Marine Parks, supporting aerial and vessel patrols, vessel monitoring and enforcement investigations. In addition to the role of Australian Federal Police and customs officers, officers from other agencies, including the Australian Fisheries Management Authority, state and territory police, and fisheries and conservation agencies, can be appointed wardens under the EPBC Act after the required training. These arrangements greatly improve the Director’s ability to enforce the Act in remote and rarely frequented Australian Marine Parks.

The following matters were determined by courts during 2019–20:

• On 20 January 2020, five defendants appeared before the Northern Territory Local Court. All five were convicted of offences relating to illegal hunting and entering prohibited areas in Kakadu National Park between 26–29 September 2018. A cumulative total of $23,635 in fines and costs were handed down. The court also ordered the forfeiture of seized hunting equipment.
• On 24 March 2020, the Federal Court imposed civil penalties of $81,900 on J.N. and K.C. Basile Pty Ltd (fishing concession holder) and $12,000 on Mr Joseph Basile (fishing vessel skipper) for illegal commercial fishing operations. The respondents were also ordered to pay $42,500 in court costs. Between 28 –29 June 2017, the Australian Fishing Vessel Tunamoon was used for commercial pelagic longline fishing in the Marine National Park Zone of the Flinders Commonwealth Marine Reserve (now Flinders Marine Park).

Parks Australia takes its regulatory role seriously. We continually look for ways to ensure our approach to compliance and enforcement across the estate meets relevant best practice standards. Detail of compliance and enforcement in terrestrial and marine parks can be found in Table 20: Compliance and enforcement actions in terrestrial parks and gardens during 2019–20, Table 21: Compliance and enforcement actions in marine parks during 2019–20 and Table Table 22: Five-year overview of compliance and enforcement (terrestrial and marine parks and gardens).

Work health and safety

This section provides information required of the Director of National Parks under Section 2, Part 4 of the Work Health and Safety Act 2011. The Director works in cooperation with the Department to ensure responsibilities for the health and safety of staff (including employees, contractors and volunteers) are met by both parties. Detailed health and safety information related to Departmental and Parks Australia staff undertaking the work of the Director is provided in the former Department of the Environment and Energy annual report for 2019–2020.

The Director maintains a commitment to a ‘zero harm’ approach to the health, safety and welfare of staff and visitors to Commonwealth parks and gardens. The health, safety and welfare of staff and visitors to the national parks, for whom the Director has primary responsibility, is of paramount importance to the Director.

The Department provides oversight of all health and safety matters through its Health and Safety Committee. The Director is represented on this committee by a member of Parks Australia Executive, with the DNP Work Health and Safety (WHS) Advisor as an advisor to the committee.

The Director of National Parks Work Health and Safety Committee met quarterly throughout 2019–20, and comprises Health and Safety Representatives (HSRs) in metropolitan office locations, as well as representatives from each of the local health and safety committees operating in parks and gardens.

At each meeting the committee reviews reports from the local committees, WHS incident and statistical reports, discusses WHS issues and control measures and considers draft WHS policies. WHS operational policies referred to the Committee for review during the year included Vehicle Use, WHS Planning and Risk Management, and Hazardous Manual Handling.

Parks staff can encounter a broad range of hazards when working in the field. These hazards include interactions with wildlife, operating vehicles, vessels and other machinery, operating from aircraft, using chemicals, responding to and managing incidents involving visitors in need of rescue, and coping with life in remote and sometimes challenging locations.

The Director’s firm commitment to staff and visitor safety had been reflected in a general downward trend in the numbers of reported WHS incidents over the past three reporting years. There was an increase in visitor-related WHS incidents in the lead up to the Uluṟu climb closure in October 2019, corresponding to the overall increase in visitors during this period.

A total of 137 WHS incidents were reported to the Director of National Parks in 2019–20, consisting of 44 staff related incidents and 93 non-staff related incidents. This figure represents an increase of 17 incidents from the 2018–19 figure of 119, but still less than the total of 138 incidents reported in 2017–2018. 60 per cent of non-staff related incidents reported in 2019–2020 occurred in Uluṟu-Kata Tjuṯa National Park.

In contrast to the increase in the overall number of incidents, the numbers of injuries to staff in 2019–2020 remained constant compared to the previous year, with 32 incidents again recorded involving injuries to staff. Details of the cause of staff injuries is included in Table 23: Cause of worker injuries 2019–20. One major incident occurred during the year resulting in an injury to a Parks staff member at the Australian National Botanic Gardens who stumbled on loose stones while watering a garden. Details of the consequence rating for injuries and near misses involving staff over a five-year period is included in Table 24: Consequence rating for injuries and near misses to employees and visitors from 2015–20 and Table 25: Five-year overview of number and severity of safety incidents recorded.

Comcare conducted a desktop verification of the implementation of the Emergency Management Plan (EMP) for Kakadu National Park, following up on progress since Comcare’s previous inspection of the park in 2018. The inspection team provided their report in April 2020 noting the park’s compliance with all requirements.

Comcare also conducted familiarisation visits and inspections of the Christmas Island and Pulu Keeling National Parks. These visits form part of Comcare’s program to promote WHS and support client agencies within the WHS regulator’s jurisdiction in meeting their obligations under the WHS Act. An anticipated visit by Comcare to the Norfolk Island National Park was cancelled due to COVID-19 travel restrictions.

Initiatives and outcomes

See Table 26 for Work Health and Safety initiatives and outcomes for the Director of National Parks during the financial year.

Incidents and investigations

Under Schedule 2, Part 3 of the Work Health and Safety Act 2011 (WHS Act), certain incidents must be notified to the regulator, Comcare, within specific time frames. One incident was reported to Comcare as a notifiable incident in 2019–20. The incident was classified as dangerous¹ and involved a staff member who broke their leg when they slipped on loose stones while watering a garden bed in the Australian National Botanic Gardens in June.

Comcare was also advised of the three fatal incidents that occurred within the Kakadu National Park although those incidents were not classified as notifiable incidents under the WHS Act.

Ecologically sustainable development and environmental performance

Management of Commonwealth parks and gardens conserves and enhances natural and cultural values for current and future generations. Proposed development activities may only be permitted when proven consistent with these primary management objectives.

The provisions of the EPBC Act ensure that management plans for Commonwealth parks and gardens properly integrate environmental, economic and social considerations, and that appropriate environmental monitoring and reporting regimes are in place.

The Director’s statement under section 516A of the EPBC Act relating to the organisation’s contribution to ecologically sustainable development and environmental performance can be found in Appendix C: Ecologically sustainable development and environmental performance.

Regulatory Performance Framework

The Director contributes to the Department’s reporting under the Regulatory Performance Framework for provisions relating to protected area management under the EPBC Act.

Advertising and marketing research

Under section 311A of the Commonwealth Electoral Act 1918, amounts paid to market research, polling, direct mail or media advertising organisations must be reported.

In 2019–20 no market research, polling, direct mail or media advertising work was undertaken directly by Parks Australia (or through the Department on behalf of Parks Australia) that exceeded the advertising and market research reporting threshold of
$14,000 (GST inclusive).

Freedom of information

Under section 8 of the Freedom of Information Act 1982 (FOI Act), the Director of National Parks is required to publish a range of information online as part of an information publication scheme.

An agency plan that describes how the Director proposes to comply with its obligations under the information publication scheme—its structure, functions, appointments, annual reports, consultation arrangements and details of a freedom of information contact officer—must be published online. Information routinely released from freedom of information requests and routinely provided to Parliament must also be published online. This information is available at www.environment.gov.au/parks/ips.html

The Department handles requests by the public under the FOI Act on behalf of the Director. Contact details for the freedom of information contact officer are:

Phone: (02) 6274 2098

Email: foi [at] environment.gov.au

Formal freedom of information requests must:

• be in writing
• state that the request is an application for the purposes of the Freedom of Information Act 1982
• provide information about the document(s) to assist us to process your request
• provide an address for reply.

Requests should be addressed to:

Freedom of Information Contact Officer

Environment Legal Branch

Department of Agriculture, Water and the Environment

GPO Box 787

Canberra ACT 2601