Institutional Context of the Biosphere Foundation
The Mornington Peninsula & Western Port Biosphere Reserve Foundation (the Biosphere Foundation) conducts all of its business in the context of an array of institutional and statutory obligations, expectations and commitments.
It seeks to remain true both to the spirit of the vision that drove nomination of this biosphere reserve (the Biosphere) to UNESCO and to the mandatory obligations that underpin the Man and the Biosphere Program.
International:
UNESCO’s Man and the Biosphere (MAB) Program
Current obligations applying to member biosphere reserves are outlined on UNESCO's web site. In particular, the Seville Strategy (PDF 1.08 MB) and the Madrid Action Plan set out the agenda for action of the MAB Program and its biosphere reserves for the period 2008-2013.
These documents, including revised or new MAB policies form an important part of our operating context.
National:
The Commonwealth endorsed the nomination of our Biosphere on 30 April 2002.
The Commonwealth’s Environment Protection and Biodiversity Conservation Act 1999, specifically Chapter 5 Part 15 Division 3 (sections 337-341), addresses the management of biosphere reserves. Division 3 provides for establishment of Australian biosphere reserve management principles under EPBC Regulations, as well as planning for management of biosphere reserves and provision of Commonwealth assistance for protecting biosphere reserves. EPBC Regulations 2000 prescribe the Australian biosphere reserve management principles through Division 4 (Regulation 10.03) and Schedule 7.
Part of our Biosphere is listed as a wetland of international importance under the Ramsar Convention — see Western Port Ramsar Site Strategic Management Plan (PDF 1.44 MB).
The Biosphere Foundation was established as a company under the Corporations Act 2001 (Commonwealth) and is obliged to conduct its corporate affairs in accordance with the act and relevant regulations.
It must continue to comply with the rulings of the Australian Taxation Office with respect to charitable status in order to maintain eligibility for the tax-deductibility of donations to its public fund.
State:
The Victorian State Government policy on biosphere reserves sets out the parameters for assessing proposals for new biosphere reserves and for evaluating the performance of biosphere reserves.
The Victorian State Government also provided advice about its requirements and expectations in letters of 28 June 2002 conditionally endorsing the nomination (signed by then Environment Minister Sherryl Garbutt), and of 1 December 2003 approving the proposed administrative arrangements for the Biosphere Foundation (signed by then Minister for the Environment John Thwaites).
Local:
The nomination was endorsed by each of the five local government authorities that are included in part or in full within the Biosphere. These are the Cities of Casey and Frankston and the Shires of Bass Coast, Cardinia and Mornington Peninsula).
Foundation:
The Biosphere nomination document (PDF 4 MB) contains a number of commitments regarding governance and management.
The Biosphere Foundation’s constitution (PDF 3 MB) was adopted at the inaugural meeting in December 2003, and in conjunction with the Corporations Act 2001 (Commonwealth), sets the statutory governance framework for the foundation.
There is a procedural pathway prescribed for changing the constitution, should that prove necessary or desirable. However, the organisational review conducted during 2005 concluded that no changes to the constitution were warranted at that time.
The Biosphere Foundation’s charter (PDF 876 KB)was also adopted at the inaugural meeting in December 2003. The charter reflects both the aspirational objectives of the foundation and the specific governance expectations of the Victorian State Government. It provides the broad vision for implementation of the Biosphere.
The Biosphere Foundation’s Living Strategy (PDF 175 KB) provides a concise description of its strategy to achieve MAB objectives in the Biosphere.