The Territory of Heard Island and McDonald Islands

The Territory of Heard Island and McDonald Islands (HIMI Territory) is an external territory of Australia. It was declared to be a Territory of the Commonwealth under the Heard Island and McDonald Islands Act 1953. It comprises a sub-Antarctic island group and associated waters located in the southern Indian Ocean, about 4,000 km south-west of mainland Australia and approximately 1,700 km north of Antarctica.

The islands are largely undisturbed by human activity.

A map showing the territory of Heard Island and McDonald Islands
A map showing the territory of Heard Island and McDonald Islands Photo: Commonwealth of Australia

Governance and administration

The current legal regime for the HIMI Territory was established via the Heard Island and McDonald Islands Act 1953. The Act identifies four sources of law that apply to the HIMI Territory, in order of priority:

  • Commonwealth laws expressly applying to the Territory, and Commonwealth laws expressed to extend to the Territory
  • Ordinances made by the Governor–General for the peace, order and good government of the Territory
  • The laws (other than the criminal laws), in force in the Australian Capital Territory (so far as they are applicable and not inconsistent with any Ordinance)
  • The criminal laws in force in the Jervis Bay Territory (so far as they are applicable and not inconsistent with any Ordinance).

As set out in the Australian Administrative Orders (AAO), the Department of Climate Change, Energy, the Environment and Water is responsible for the administration of the HIMI Territory, including administering key Australian legislation that applies to the HIMI Territory, on behalf of the Minister for the Environment and Water. The Australian Antarctic Division fulfils this role for the Department.

Key legislation includes:

Protection and management

The Environment Protection and Management Ordinance 1987, made under the Heard Island and McDonald Islands Act 1953 provides for the protection of the HIMI Territory’s environment and wildlife, and includes the requirement for a permit to enter or undertake activities in the HIMI Territory.

The HIMI Territory is part of the Heard Island and McDonald Islands Marine Reserve which was first declared in 2002 under the Environment Protection and Biodiversity Conservation Act 1999 for the purpose of protecting the conservation values of HIMI and the adjacent and vulnerable marine ecosystems. The Marine Reserve was expanded in 2025 and a new Management Plan is under development.

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