Document ID: chunk:federal_register_of_legislation:F2021L00219:body:0:p40
Version: federal_register_of_legislation:F2021L00219
Segment Type: other
Provision Reference: 
Character Range: 115297–118319

The Director has the function under the EPBC Act of administering, managing and controlling the park and botanic garden. Also, the Director has a duty of care for employees and visitors, and a duty under the Work Health and Safety Act 2011 to take reasonably practicable steps to protect employees and visitors from risks to their health and safety.

         Police do not have a statutory role in relation to incidents of the type referred to in this Section unless an incident is a disaster or emergency, requiring counter disaster measures. However, police forces are generally responsible for marine search and rescue operations for persons or ships in waters within the limits of ports of a state/territory and in respect of pleasure craft and fishing vessels; provision and coordination of land searches for missing civil aircraft; and overall coordination of searches for hikers and land vehicles. In complex rescues the Police Officer-in-Charge controls the incident in liaison with representatives from each agency involved, including Parks Australia, fire and rescue and emergency services. The Police Officer-in-Charge has powers to draw on available resources, wherever they are and whoever controls them.

         Issues
           •      The operation of Commonwealth reserves can involve exposure of a range of risks to visitors, staff and contractors.
           •      Public interest in adventure tourism increases the potential for incidents, especially on Phillip Island.
           •      Park staff are called upon from time to time to respond to emergencies in and outside the park and botanic garden, as part of the Norfolk Island community emergency response arrangements.
           •      There is a need for appropriate numbers of properly trained and resourced personnel to provide an effective incident response system.

         Prescriptions
4.5.1          An incident response and management capacity will be maintained within the park and botanic garden.
4.5.2          The Director may prohibit or restrict activities that present a risk to public safety or may prohibit or restrict access to areas of the park and botanic garden where it is considered necessary to do so to protect the values of the park and botanic garden, biodiversity or heritage in the park and botanic garden, use by other persons, or in the interests of public safety.

4.5.3          Fire bans may be declared in the park and botanic garden under r.12.30 of the EPBC Regulations during periods of high fire risk.
4.5.4          Subject to legal requirements, the Director may seek reimbursement or contributions for the cost of responding to incidents, in particular search and rescue operations.

         Actions
4.5.6          Cooperate with relevant emergency services agencies and volunteer organisations to ensure that emergency response plans are in place and effective, with clearly defined roles and response procedures.
4.5.7          Regularly assess and review risks in the park and botanic garden,