Document ID: chunk:federal_register_of_legislation:F2015L01818:front:0:p118
Version: federal_register_of_legislation:F2015L01818
Segment Type: other
Provision Reference: 
Character Range: 337160–340344

park.

    9.6.3        Appropriate and accurate information about incidents and emergency operations will be maintained.

    9.6.4        Subject to legal requirements, the Director may seek reimbursement or contributions for the cost of responding to incidents, in particular search and rescue operations, in accordance with guidelines approved by the Board.

Actions

    9.6.5        Prepare emergency plans and/or policies as required.

    9.6.6        Maintain a functional incident control centre and a trained incident management team.

    9.7           Compliance and enforcement

Aim
    * Relevant legislation is complied with as a result of effective education and enforcement programs.

Background
Enforcement of the EPBC Act and EPBC Regulations and other relevant legislation which applies in Jervis Bay Territory is necessary to ensure that the purposes of the park are maintained and respected, and this plan is appropriately implemented.

Park staff and Australian Federal Police located at Jervis Bay are the main source of enforcement officers in the park and Territory. Staff may be appointed by the Minister under the EPBC Act as rangers or wardens, and exercise the powers and functions conferred on them by the Act and the Regulations; all members and special members of the Australian Federal Police are ex officio wardens. Officers or employees of other Australian, state or territory government agencies may be appointed by the Minister as rangers or wardens. The Australian Government requires that investigating officers be trained to standards prescribed in the Commonwealth Fraud Control Guidelines. Rangers and wardens conduct monitoring and enforcement operations while on routine patrols and during specific, targeted programs.
Park staff not appointed as wardens and rangers cannot exercise these powers but can encourage compliance with legislation through education to raise public awareness of appropriate behaviour.

During the first plan, breaches of the EPBC Act and Regulations included taking in excess of recreational fishing bag limits, walking off track and non-compliance with orders to pay parking and other fees. Vandalism and break-ins at isolated carparks are a continuing issue. Minor breaches are dealt with by issuing infringement notices or simple cautions; in other cases prosecution briefs may be prepared for consideration by the Director of Public Prosecutions and court action may result.

Part 17 of the EPBC Regulations provides for permits to be issued, subject to conditions, for activities that are otherwise prohibited.

Issues
    * Resources are needed to ensure adequate levels of training and enforcement.

    * Effective working relationships with neighbouring compliance agencies need to be established and maintained.

    * Vandalism and break-ins at carparks are continuing issues.

Prescriptions

Policies

    9.7.1        Compliance and enforcement effort will reflect analysis of the risks, zoning priorities and visitation levels.

    9.7.2        Provide an appropriate number of authorised and trained park staff at all times to undertake compliance activities under relevant legislation to