| C2004C07983 | WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983
- Updated as at 1 November 1996 (#DATE 01:11:1996)
*1* The World Heritage Properties Conservation Act 1983 as shown in this reprint comprises Act No. 5, 1983 amended as indicated in the Tables below. The World Heritage Properties Conservation Act 1983 was modified by the A.C.T. Self-Government (Consequential Provisions) Regulations as amended. (See Note 2.) Table of Acts Act Date Date of Application Number and of Assent Commencement saving or Year transitional provisions World Heritage Properties Conservation Act 1983 5, 1983 22 May 1983 22 May 1983 Statute Law (Miscellaneous Provisions) Act (No. 1) 1983 39, 1983 20 June 1983 S. 3: 18 July 1983 (a) - Conservation Legislation Amendment Act 1988 7, 1988 31 Mar 1988 31 Mar 1988 - Lands Acquisition (Repeal and Consequential Provisions) Act 1989 21, 1989 20 Apr 1989 9 June 1989 - (see s. 2 and Gazette 1989, No. S185) Arts, Environment and Territories Legislation Amendment Act 1993 6, 1994 18 Jan 1994 S. 5: Royal Assent (b) - Statute Law Revision Act 1996 43, 1996 25 Oct 1996 Schedule 2 (items 140 and 141): (c) - (a) The World Heritage Properties Conservation Act 1983 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, subsection 2 (1) of which provides as follows: "(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent." (b) The World Heritage Properties Conservation Act 1983 was amended by section 5 only of the Arts, Environment and Territories Legislation Amendment Act 1993, subsection 2 (1) of which provides as follows: "(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent." (c) The World Heritage Properties Conservation Act 1983 was amended by Schedule 2 (items 140 and 141) only of the Statute Law Revision Act 1996, subsection 2 (2) of which provides as follows: "(2) Each item in Schedule 2 commences or is taken to have commenced (as the case requires) at the time specified in the note at the end of the item." Items 140 and 141 are taken to have commenced immediately after the commencement of the Conservation Legislation Amendment Act 1988. The Conservation Legislation Amendment Act 1988 came into operation on 31 March 1988. Table of Amendments ad=added or inserted am=amended rep=repealed rs=repealed and substituted Provision affected How affected S. 3 am. No. 7, 1988 S. 3A ad. No. 7, 1988 S. 3B ad. No. 7, 1988 am. No. 6, 1994 S. 9 am. No. 7, 1988 S. 17 am. No. 39, 1983 rs. No. 7, 1988 am. No. 21, 1989 Ss. 17A-17C ad. No. 7, 1988 S. 20 am. No. 43, 1996 WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
3A. Identified property
3B. Judges
4. Application
5. Act to bind Crown
6. Property to which section 9 applies
7. Property to which section 10 applies
8. Sites to which section 11 applies
9. Unlawful acts
10. Unlawful acts by certain corporations
11. Unlawful acts in relation to Aboriginal sites
12. Certain acts not unlawful
13. Consents given pursuant to sections 9, 10 and 11
14. Enforcement
15. Copies of Proclamations to be laid before Parliament
16. Revocation of Proclamations under sections 6, 7 and 8
17. Compensation
17A. Entry and search etc.
17B. Obstruction of inspectors
17C. Confidentiality
18. Delegation by Minister
19. Effect of World Heritage (Western Tasmania Wilderness)
Regulations
20. Jurisdiction of Courts
21. Regulations
SCHEDULE
CONVENTION FOR THE PROTECTION OF THE WORLD CULTURAL
AND NATURAL HERITAGE
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - LONG TITLE
SECT
An Act relating to the protection and conservation of
certain property, and for related purposes
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - SECT 1
Short title
SECT
1. This Act may be cited as the World Heritage Properties Conservation Act
1983.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - SECT 2
Commencement
SECT
2. This Act shall come into operation on the day on which it receives the
Royal Assent.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - SECT 3
Interpretation
SECT
3. (1) In this Act, unless the contrary intention appears:
"Convention" means the Convention for the Protection of the World Cultural
and Natural Heritage that has been adopted by the General Conference of the
United Nations Educational, Scientific and Cultural Organization, being the
convention a copy of the English text of which is set out in the Schedule;
"cultural heritage" has the same meaning as in the Convention;
"Federal Court" means the Federal Court of Australia;
"inspector" means an inspector appointed under subsection 17A (1);
"minerals" includes sand, gravel, rock, clay, oil and natural gas;
"natural heritage" has the same meaning as in the Convention.
(3) A Proclamation made under this Act comes into force on the day on which
it is published in the Gazette.
(4) A reference in this Act to damage to, or the destruction of, property or
a site shall be read as including a reference to damage to, or the destruction
of, any part or feature of that property or site.
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - SECT 3A
Identified property
SECT
3A. (1) A reference in this Act to identified property is a reference to:
(a) any property in respect of which one or more of the following conditions
is satisfied:
(i) the property is subject to an inquiry established by a law of
the Commonwealth whose purpose, or one of whose purposes, is to consider
whether the property forms part of the cultural heritage or natural heritage;
(ii) the property is subject to World Heritage List nomination;
(iii) the property is included in the World Heritage List provided
for in paragraph 2 of Article 11 of the Convention;
(iv) the property forms part of the cultural heritage or natural
heritage and is declared by the regulations to form part of the cultural
heritage or natural heritage; or
(b) any part of property referred to in paragraph (a).
(2) For the purposes of subparagraph (1) (a) (i), property shall be taken to
be subject to an inquiry of the kind referred to in that subparagraph until
the end of 42 days after the report, or the final report, of the inquiry is
given to the person to whom it is required to be given.
(3) For the purposes of subparagraph (1) (a) (ii), where the Commonwealth
has, under Article 11 of the Convention, submitted property to the World
Heritage Committee, whether before or after the commencement of this Act, as
suitable for inclusion in the World Heritage List provided for in paragraph 2
of that Article, the property shall be taken to be subject to World Heritage
List nomination from the time of its submission until the end of 7 days after
the day on which the Committee informs, or first informs, Australia that it
has included or decided not to include the whole or any part of the property
in the list.
(4) Where any property ceases to be identified property:
(a) any Proclamation under subsection 6 (3) or section 7, and any regulation
for the purposes of subsection 9 (1) or paragraph 10 (2) (m), in relation to
the property or any part of the property ceases to be in force; and
(b) any Proclamation under subsection 8 (3), and any regulation for the
purposes of paragraph 11 (1) (j), in relation to a site being, or situated
within, the property ceases to be in force.
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - SECT 3B
Judges
SECT
3B. (1) In this Act:
"eligible Judge" means a Judge in relation to whom a consent under
subsection (2) and a declaration under subsection (3) are in force;
"Judge" means a person who is a Judge of a court created by the Parliament.
(2) A Judge may by writing consent to be nominated by the Minister under
subsection (3).
(3) The Minister may by writing declare Judges in relation to whom consents
are in force under subsection (2) to be eligible Judges for the purposes of
this Act.
(4) An eligible Judge has, in relation to the performance or exercise of a
function or power conferred on an eligible Judge by this Act, the same
protection and immunity as a Justice of the High Court has in relation to
proceedings in the High Court.
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - SECT 4
Application
SECT
4. This Act extends to all the external Territories and has
extra-territorial operation according to its tenor.
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - SECT 5
Act to bind Crown
SECT
5.*2* This Act binds the Crown in right of the Commonwealth, of each State,
of the Northern Territory and of Norfolk Island, but nothing in this Act
renders the Crown in right of the Commonwealth, of a State, of the Northern
Territory or of Norfolk Island liable to be prosecuted for an offence.
*2* Sections 5 and 13 (3) - The World Heritage Properties Conservation Act
1983 was modified by regulation 2 and Schedule 1 of the A.C.T. Self-Government
(Consequential Provisions) Regulations as amended. The provisions of Schedule
1 applicable to the abovementioned Act quoted below are not incorporated in
this reprint.
"Section 5: After 'State', (twice occurring) insert 'of the Australian
Capital Territory,'.
"Section 13 (3): After in a State, insert 'in the Australian Capital
Territory,'."
Regulation 2 of the A.C.T. Self-Government (Consequential Provisions)
Regulations as amended provides as follows:
"These Regulations are to be taken to have commenced on 21 December 1989."
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - SECT 6
Property to which section 9 applies
SECT
6.*3* (1) A Proclamation may be made under subsection (3) in relation to
identified property that is not in any State.
(2) A Proclamation may also be made under subsection (3) in relation to
identified property that is in a State and is property to which one or more of
the following paragraphs applies or apply:
(a) the Commonwealth has, pursuant to a request by the State, submitted to
the World Heritage Committee under Article 11 of the Convention that the
property is suitable for inclusion in the World Heritage List provided for in
paragraph 2 of that Article, whether the request by the State was made before
or after the commencement of this Act and whether or not the property was
identified property at the time when the request was made;
(b) the protection or conservation of the property by Australia is a matter
of international obligation, whether by reason of the Convention or
otherwise;
(c) the protection or conservation of the property by Australia is necessary
or desirable for the purpose of giving effect to a treaty (including the
Convention) or for the purpose of obtaining for Australia any advantage or
benefit under a treaty (including the Convention);
(d) the protection or conservation of the property by Australia is a matter
of international concern (whether or not it is also a matter of domestic
concern), whether by reason that a failure by Australia to take proper
measures for the protection or conservation of the property would, or would be
likely to, prejudice Australia's relations with other countries or for any
other reason;
(e) the property is part of the heritage distinctive of the Australian
nation:
(i) by reason of its aesthetic, historic, scientific or social
significance; or
(ii) by reason of its international or national renown;
and, by reason of the lack or inadequacy of any other available means for its
protection or conservation, it is peculiarly appropriate that measures for the
protection or conservation of the property be taken by the Parliament and
Government of the Commonwealth as the national parliament and government of
Australia.
(3) Where the Governor-General is satisfied that any property in respect of
which a Proclamation may be made under this subsection is being or is likely
to be damaged or destroyed, he may, by Proclamation, declare that property to
be property to which section 9 applies.
*3* Section 6 (3) - Section 10 of the Conservation Legislation Amendment Act
1988 provides as follows:
"10. The Proclamation made on 19 January 1988 pursuant to subsection 6 (3)
of the World Heritage Properties Conservation Act 1983 shall be taken never to
have come into force."
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - SECT 7
Property to which section 10 applies
SECT
7. Where the Governor-General is satisfied that any identified property is
being or is likely to be damaged or destroyed, he may, by Proclamation,
declare that property to be property to which section 10 applies.
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - SECT 8
Sites to which section 11 applies
SECT
8. (1) It is hereby declared that it is necessary to enact this section,
section 11 and subsections 13 (7) and 14 (5) as special laws for the people of
the Aboriginal race.
(2) A reference in this section to an Aboriginal site is a reference to a
site:
(a) that is, or is situated within, identified property; and
(b) the protection or conservation of which is, whether by reason of the
presence on the site of artefacts or relics or otherwise, of particular
significance to the people of the Aboriginal race.
(3) Where the Governor-General is satisfied that an Aboriginal site is being
or is likely to be damaged or destroyed or that any artefacts or relics
situated on an Aboriginal site are being or are likely to be damaged or
destroyed, he may, by Proclamation, declare that site to be a site to which
section 11 applies.
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - SECT 9
Unlawful acts
SECT
9. (1) Where an act is prescribed for the purposes of this subsection in
relation to particular property to which this section applies, it is unlawful,
except with the consent in writing of the Minister, for a person to do that
act, or to do that act by a servant or agent, in relation to that property.
(3) If an application of subsection (1) of this section in relation to
particular property, being property that is relevant property by virtue of a
particular paragraph or particular paragraphs of subsection 6 (2), would be
within the powers of the Parliament if the property were relevant property by
virtue only of that paragraph or those paragraphs, it is intended that
subsection (1) of this section should have that application in relation to the
property whether or not the property is also relevant property by virtue of
another paragraph or other paragraphs of subsection 6 (2).
(4) In subsection (3), "relevant property" means property in respect of
which a Proclamation may, by virtue of subsection 6 (2), be made under
subsection 6 (3).
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - SECT 10
Unlawful acts by certain corporations
SECT
10. (1) In this section:
"foreign corporation" means a foreign corporation within the meaning of
paragraph 51 (xx) of the Constitution;
"trading corporation" means a trading corporation within the meaning of
paragraph 51 (xx) of the Constitution.
(2) Except with the consent in writing of the Minister, it is unlawful for a
body corporate that:
(a) is a foreign corporation;
(b) is incorporated in a Territory; or
(c) not being incorporated in a Territory, is a trading corporation formed
within the limits of the Commonwealth;
whether itself or by its servant or agent:
(d) to carry out any excavation works on any property to which this section
applies;
(e) to carry out operations for, or exploratory drilling in connection with,
the recovery of minerals on any property to which this section applies;
(f) to erect a building or other substantial structure on any property to
which this section applies or to do any act in the course of, or for the
purpose of, the erection of a building or other substantial structure on any
property to which this section applies;
(g) to damage or destroy a building or other substantial structure on any
property to which this section applies;
(h) to kill, cut down or damage any tree on any property to which this
section applies;
(j) to construct or establish any road or vehicular track on any property to
which this section applies;
(k) to use explosives on any property to which this section applies; or
(m) if an act is prescribed for the purposes of this paragraph in relation
to particular property to which this section applies, to do that act in
relation to that property.
(3) Except with the consent in writing of the Minister, it is unlawful for a
body corporate of a kind referred to in subsection (2), whether itself or by
its servant or agent, to do any act, not being an act the doing of which is
unlawful by virtue of that subsection, that damages or destroys any property
to which this section applies.
(4) Without prejudice to the effect of subsections (2) and (3), except with
the consent in writing of the Minister, it is unlawful for a body corporate of
the kind referred to in paragraph (2) (c), whether itself or by its servant or
agent, to do, for the purposes of its trading activities, an act referred to
in any of paragraphs (2) (d) to (m) (inclusive) or an act referred to in
subsection (3).
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - SECT 11
Unlawful acts in relation to Aboriginal sites
SECT
11. (1) Except with the consent in writing of the Minister, it is unlawful
for a person, whether himself or by his servant or agent:
(a) to carry out any excavation works on any site to which this section
applies;
(b) to carry out operations for, or exploratory drilling in connection with,
the recovery of minerals on any site to which this section applies;
(c) to erect a building or other substantial structure on any site to which
this section applies or to do any act in the course of, or for the purpose of,
the erection of a building or other substantial structure on any site to which
this section applies;
(d) to damage or destroy any artefacts or relics situated on any site to
which this section applies;
(e) to remove any artefacts or relics from any site to which this section
applies;
(f) to kill, cut down or damage any tree on any site to which this section
applies;
(g) to construct or establish any road or vehicular track on any site to
which this section applies;
(h) to use explosives on any site to which this section applies; or
(j) if an act is prescribed for the purposes of this paragraph in relation
to a particular site to which this section applies, to do that act in relation
to that site.
(2) Except with the consent in writing of the Minister, it is unlawful for a
person, whether himself or by his servant or agent, to do any act, not being
an act the doing of which is unlawful by virtue of subsection (1):
(a) that damages or destroys; or
(b) that is likely to result in damage to or the destruction of;
any site to which this section applies or any artefacts or relics on any site
to which this section applies.
(3) Except with the consent in writing of the Minister, it is unlawful for a
person, whether himself or by his servant or agent, to do any act preparatory
to the doing of an act that is unlawful by virtue of subsection (2).
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - SECT 12
Certain acts not unlawful
SECT
12. (1) Nothing in section 9, 10 or 11 renders it unlawful for a person to
do an act that is authorized to be done pursuant to a zoning plan in operation
under the Great Barrier Reef Marine Park Act 1975 or pursuant to a plan of
management in force under the National Parks and Wildlife Conservation Act
1975.
(2) Where the Governor-General is satisfied that no act that is or may be
authorized to be done by or pursuant to a provision of a law of a State or
Territory or by or pursuant to a plan or scheme formulated in accordance with
a law of a State or Territory:
(a) would damage or destroy property to which section 9 or 10 applies; or
(b) would damage or destroy, or would be likely to result in damage to or
the destruction of, a site to which section 11 applies or any artefacts or
relics on such a site;
the regulations may declare that provision, plan or scheme to be a provision,
plan or scheme to which subsection (3) applies in relation to that property or
site.
(3) Nothing in section 9, 10 or 11 renders it unlawful for a person to do an
act that is authorized to be done by or pursuant to a provision, plan or
scheme to which this subsection applies.
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - SECT 13
Consents given pursuant to sections 9, 10 and 11
SECT
13.*2* (1) In determining whether or not to give a consent pursuant to
section 9 in relation to any property to which that section applies, the
Minister shall have regard only to the protection, conservation and
presentation, within the meaning of the Convention, of the property.
(2) A consent given by the Minister pursuant to section 9, 10 or 11 may
relate to a particular act or particular acts or a particular class or
particular classes of acts.
(3) Before giving a consent pursuant to section 9, 10 or 11 in relation to
property or a site that is in a State, in the Northern Territory or in Norfolk
Island, the Minister shall inform the appropriate Minister of that State or
Territory or the Administrator of Norfolk Island, as the case may be, of the
proposed giving of the consent and shall give that person a reasonable
opportunity to make representations in relation to the proposed giving of the
consent.
(4) Where the Minister gives or refuses to give a consent pursuant to
section 9, 10 or 11, the Minister shall:
(a) before the expiration of 7 days after the giving of the consent or the
refusal to give the consent, cause to be published in the Gazette a notice
stating that the consent has or has not been given and setting out particulars
of the act or acts to which the consent or the refusal to give the consent
relates; and
(b) cause a copy of the notice referred to in paragraph (a) to be laid
before each House of the Parliament within 5 sitting days of that House after
the giving of the consent or the refusal to give the consent to which the
notice relates.
(5) Without limiting any other application of the Administrative Decisions
(Judicial Review) Act 1977, for the purposes of the application of that Act in
relation to a decision of the Minister to give or refuse to give a consent
pursuant to section 9 or 10 in relation to particular property:
(a) a person whose use or enjoyment of any part of the property is, or is
likely to be, adversely affected by the decision shall be taken to be a person
aggrieved by the decision; and
(b) an organization or association of persons, whether incorporated or not,
shall be taken to be a person aggrieved by the decision if the decision
relates to a matter which is included in the objects or purposes of the
organization or association and to which activities engaged in by the
organization or association relate.
(6) Paragraph (5) (b) does not apply in relation to a decision given:
(a) before the organization or association was formed;
(b) before the objects or purposes of the organization or association
included the matter concerned; or
(c) before the organization or association engaged in activities related to
the matter concerned.
(7) Without limiting any other application of the Administrative Decisions
(Judicial Review) Act 1977, for the purposes of the application of that Act in
relation to a decision of the Minister to give or refuse to give a consent
pursuant to section 11, any member of the Aboriginal race shall be taken to be
a person aggrieved by the decision.
*2* Sections 5 and 13 (3) - The World Heritage Properties Conservation Act
1983 was modified by regulation 2 and Schedule 1 of the A.C.T. Self-Government
(Consequential Provisions) Regulations as amended. The provisions of Schedule
1 applicable to the abovementioned Act quoted below are not incorporated in
this reprint.
"Section 5: After 'State', (twice occurring) insert 'of the Australian
Capital Territory,'.
"Section 13 (3): After in a State, insert 'in the Australian Capital
Territory,'."
Regulation 2 of the A.C.T. Self-Government (Consequential Provisions)
Regulations as amended provides as follows:
"These Regulations are to be taken to have commenced on 21 December 1989."
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - SECT 14
Enforcement
SECT
14. (1) The High Court or the Federal Court may, on the application of the
Attorney-General or of an interested person, grant an injunction restraining a
person from doing an act that is unlawful by virtue of section 9, 10 or 11.
(2) Where, pursuant to subsection (1), an application is made to the High
Court or the Federal Court for an injunction restraining a person from doing
an act, the High Court or the Federal Court, as the case may be, may, if in
the opinion of the Court it is desirable to do so, before determining the
application, grant an interim injunction restraining the person from doing
that act pending the determination of the application.
(3) The reference in subsection (1) to an interested person, in relation to
an act that is unlawful by virtue of section 9 or 10 in relation to particular
property, shall be read as a reference to:
(a) a person whose use or enjoyment of any part of the property is, or is
likely to be, adversely affected by the doing of the act; or
(b) an organization or association of persons, whether incorporated or not,
the objects or purposes of which include, and activities of which relate to,
the protection or conservation of the property or of property of a kind that
includes the property.
(4) Paragraph (3) (b) does not apply in relation to an act done:
(a) before the organization or association was formed;
(b) before the objects or purposes of the organization or association
included the matter concerned; or
(c) before the organization or association engaged in activities related to
the matter concerned.
(5) The reference in subsection (1) to an interested person, in relation to
an act that is unlawful by virtue of section 11, shall be read as a reference
to any member of the Aboriginal race.
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - SECT 15
Copies of Proclamations to be laid before Parliament
SECT
15. (1) The Minister shall cause a copy of a Proclamation made under section
6, 7 or 8 to be laid before each House of the Parliament within 5 sitting days
of that House after the making of the Proclamation.
(2) If a copy of a Proclamation made under section 6, 7 or 8 is not laid
before a House of the Parliament in accordance with subsection (1), the
Proclamation ceases to be in force upon the expiration of the last day on
which a copy of that Proclamation could have been laid before that House in
accordance with subsection (1).
(3) If either House of the Parliament, pursuant to a motion of which notice
has been given within 15 sitting days of that House after a copy of a
Proclamation under section 6, 7 or 8 has been laid before that House, passes a
resolution disapproving of the declaration in the Proclamation, the
Proclamation ceases to be in force.
(4) If, at the expiration of 15 sitting days after notice of a motion
disapproving of a declaration in a Proclamation under section 6, 7 or 8 has
been given in a House of the Parliament, being notice given within 15 sitting
days of that House after a copy of the Proclamation has been laid before that
House:
(a) the notice has not been withdrawn and the motion has not been called on;
or
(b) the motion has been called on, moved and seconded and has not been
withdrawn or otherwise disposed of;
the Proclamation ceases to be in force.
(5) If, before the expiration of 15 sitting days after notice of a motion
disapproving of a declaration in a Proclamation under section 6, 7 or 8 has
been given in a House of the Parliament:
(a) the House of Representatives is dissolved or expires, or the Parliament
is prorogued; and
(b) at the time of the dissolution, expiry or prorogation, as the case may
be:
(i) the notice has not been withdrawn and the motion has not been
called on; or
(ii) the motion has been called on, moved and seconded and has not
been withdrawn or otherwise disposed of;
the copy of the Proclamation shall, for the purposes of subsections (3) and
(4), be deemed to have been laid before that first-mentioned House on the
first sitting day of that first-mentioned House after the dissolution, expiry
or prorogation.
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - SECT 16
Revocation of Proclamations under sections 6, 7 and 8
SECT
16. (1) Subject to subsection (3), where the Governor-General is satisfied
that there is no longer any threat of damage to, or of the destruction of,
property in respect of which a Proclamation under section 6 or 7 is in force,
he may, by Proclamation, revoke that first-mentioned Proclamation.
(2) Subject to subsection (3), where the Governor-General is satisfied that
there is no longer:
(a) any threat of damage to, or of the destruction of; or
(b) any threat of damage to, or of the destruction of, artefacts or relics
situated on;
a site in respect of which a Proclamation under section 8 is in force, he may,
by Proclamation, revoke that first-mentioned Proclamation.
(3) A Proclamation shall not be made pursuant to subsection (1) or (2)
except in accordance with a resolution passed by each House of the Parliament
approving the making of the Proclamation, being a resolution passed in
pursuance of a motion of which notice has been given not less than 5 sitting
days of that House before the motion is moved.
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - SECT 17
Compensation
SECT
17. (1) In this section:
"acquisition of property" has the same meaning as in paragraph 51 (xxxi) of
the Constitution;
"just terms" has the same meaning as in paragraph 51 (xxxi) of the
Constitution.
(2) Where, but for this section, the operation of this Act would result in
the acquisition of property from a person otherwise than on just terms, the
Commonwealth is liable to pay compensation of a reasonable amount to the
person in respect of the acquisition.
(3) Where the Commonwealth and the person do not agree on the amount of the
compensation, the person may institute proceedings in the Federal Court for
the recovery from the Commonwealth of such reasonable amount of compensation
as the Federal Court determines.
(3A) The Lands Acquisition Act 1989 does not apply in relation to an
acquisition of property that results from the operation of this Act.
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - SECT 17A
Entry and search etc.
SECT
17A. (1) The Minister may, in writing, appoint a person to be an inspector
for the purposes of this Act.
(2) An inspector may, for an eligible purpose:
(a) enter and search an eligible place;
(b) take photographs and record occurrences in an eligible place; and
(c) inspect, examine and take photographs and measurements of an eligible
thing.
(3) For the purposes of exercising powers under paragraph (2) (c), an
inspector may stop, detain, enter and search any vehicle.
(4) An inspector shall not enter an eligible place (other than a public
place) under subsection (2), or a vehicle under subsection (3), unless:
(a) the consent of the person in charge of the eligible place or the vehicle
has been obtained;
(b) pursuant to a warrant issued under subsection (5); or
(c) the following conditions are satisfied:
(i) the inspector believes on reasonable grounds that it is
necessary to enter in order to prevent the concealment, loss or destruction of
any thing; and
(ii) the entry is made in circumstances of such seriousness and
urgency as to require and justify immediate entry without the consent of the
person in charge or the authority of a warrant issued under subsection (5).
(5) If an eligible Judge is satisfied on information on oath by an inspector
that it is reasonably necessary that the inspector should, for an eligible
purpose:
(a) enter an eligible place and exercise powers under subsection (2); or
(b) enter a vehicle and exercise powers under paragraph (2) (c);
the eligible Judge may issue a warrant authorising the inspector (whether or
not named in the warrant), with such assistance, and by such force, as is
necessary and reasonable, to enter the eligible place, or the vehicle, and
exercise the powers.
(6) A warrant shall specify:
(a) the purpose for which the warrant is issued;
(b) whether entry is authorised to be made at any time of the day or night
or only during specified hours of the day or night; and
(c) a day, not being later than one month after the day of issue of the
warrant, at the end of which the warrant ceases to have effect.
(7) The Minister may cause to be issued to an inspector, other than a member
of a police force, an identity card that specifies the name and appointment of
the inspector and on which appears a recent photograph of the inspector.
(8) Where an inspector (other than a member of a police force who is in
uniform) exercises a power under subsection (2) in relation to an eligible
place or under subsection (3) in relation to a vehicle:
(a) if the inspector is a member of a police force - the inspector shall
forthwith produce, for inspection by the person (if any) who is in charge of
the eligible place or the vehicle, written evidence of the fact that the
inspector is a member of that police force; or
(b) in any other case - the inspector shall forthwith produce the
inspector's identity card for inspection by the person (if any) who is in
charge of the eligible place or the vehicle;
and if the inspector fails to do so, the inspector ceases to be authorised to
exercise that power.
(9) Where a person in possession of an identity card issued to the person
ceases to be an inspector, the person shall forthwith return the identity card
to the Minister.
Penalty: $100.
(10) In this section:
"eligible place" means any land, building or structure, whether or not
identified property or on identified property, but does not include a dwelling
house;
"eligible purpose" means the purpose of:
(a) determining whether an act that is unlawful by virtue of section 9, 10
or 11 has been, is being or is likely to be done; or
(b) obtaining information that may be relevant to the making of a
Proclamation, or a regulation, under this Act;
"eligible thing" means any thing prescribed by the regulations for the
purposes of this definition.
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - SECT 17B
Obstruction of inspectors
SECT
17B. A person shall not, without reasonable excuse, obstruct or hinder an
inspector exercising powers under this Act.
Penalty: $1,000 or imprisonment for 12 months, or both.
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - SECT 17C
Confidentiality
SECT
17C. (1) Subject to this section, a person:
(a) who is or has been an inspector; and
(b) who has, in exercising powers under this Act, acquired any information,
or document, relating to the affairs of another person;
shall not, either directly or indirectly, except for the purposes of this
Act:
(c) make a record of, or communicate to any person, any of that information;
or
(d) produce that document to any person.
Penalty: $1,000 or imprisonment for 6 months, or both.
(2) Nothing in subsection (1) prohibits an inspector from communicating any
information, or producing any document, to the Minister, the Secretary to the
Department or an officer of the Department authorised by the Secretary to the
Department for the purposes of this section.
(3) Where information is communicated, or a document is produced, under
subsection (2) to a person, the person shall not, either directly or
indirectly, except for the purposes of this Act:
(a) make a record of, or communicate to any person, any of that information;
or
(b) produce that document to any person.
Penalty: $1,000 or imprisonment for 6 months, or both.
(4) Section 38 of the Freedom of Information Act 1982 does not apply in
relation to information or documents to which this section applies.
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - SECT 18
Delegation by Minister
SECT
18. (1) The Minister may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by him, delegate to a person all
or any of his powers under section 9, 10 or 11.
(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Act, be deemed to have been exercised by the Minister.
(3) A delegation under this section does not prevent the exercise of a power
by the Minister.
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - SECT 19
Effect of World Heritage (Western Tasmania Wilderness) Regulations
SECT
19. (1) Subject to subsection (2), nothing in this Act shall be taken to
affect the operation of the World Heritage (Western Tasmania Wilderness)
Regulations, as amended and in force from time to time under the National
Parks and Wildlife Conservation Act 1975.
(2) Upon the commencement of this Act, regulation 7 of the regulations
referred to in subsection (1) ceases to have any operation.
(3) Nothing in this section is intended to prevent the making of a
Proclamation under section 6, 7 or 8 in relation to any property to which the
regulations referred to in subsection (1) apply.
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - SECT 20
Jurisdiction of Courts
SECT
20. (1) The High Court has jurisdiction with respect to matters arising
under section 14.
(2) The Federal Court has jurisdiction with respect to matters arising under
section 14.
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - SECT 21
Regulations
SECT
21. (1) The Governor-General may make regulations, not inconsistent with
this Act:
(a) prescribing matters required or permitted by this Act to be prescribed;
or
(b) prescribing matters necessary or convenient to be prescribed for
carrying out or giving effect to this Act;
and, in particular:
(c) declaring that specified property forms part of the cultural heritage or
natural heritage; and
(d) prescribing methods of providing assistance to the States and to the
Territories in the identification, protection, conservation, presentation and
rehabilitation of property forming part of the cultural heritage or natural
heritage.
(2) Regulations declaring that specified property forms part of the cultural
heritage or natural heritage may be made notwithstanding that the property
has, for the purposes of Article 3 of the Convention, already been identified
and delineated as forming part of the cultural heritage or natural heritage.
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 - SCHEDULE
SCH
SCHEDULE Section 3
CONVENTION FOR THE PROTECTION OF THE WORLD CULTURAL AND
NATURAL HERITAGE
The General Conference of the United Nations Educational, Scientific
and Cultural Organization meeting in Paris from 17 October to 21
November 1972, at its seventeenth session,
Noting that the cultural heritage and the natural heritage are
increasingly threatened with destruction not only by the traditional
causes of decay, but also by changing social and economic conditions
which aggravate the situation with even more formidable phenomena of
damage or destruction,
Considering that deterioration or disappearance of any item of the
cultural or natural heritage constitutes a harmful impoverishment of the
heritage of all the nations of the world,
Considering that protection of this heritage at the national level
often remains incomplete because of the scale of the resources which it
requires and of the insufficient economic, scientific and technical
resources of the country where the property to be protected is situated,
Recalling that the Constitution of the Organization provides that it
will maintain, increase and diffuse knowledge, by assuring the
conservation and protection of the world's heritage, and recommending to
the nations concerned the necessary international conventions,
Considering that the existing international conventions,
recommendations and resolutions concerning cultural and natural property
demonstrate the importance, for all the peoples of the world, of
safeguarding this unique and irreplaceable property, to whatever people
it may belong,
Considering that parts of the cultural or natural heritage are of
outstanding interest and therefore need to be preserved as part of the
world heritage of mankind as a whole,
Considering that, in view of the magnitude and gravity of the new
dangers threatening them, it is incumbent on the international community
as a whole to participate in the protection of the cultural and natural
heritage of outstanding universal value, by the granting of collective
assistance which, although not taking the place of action by the State
concerned, will serve as an effective complement thereto,
Considering that it is essential for this purpose to adopt new
provisions in the form of a convention establishing an effective system
of collective protection of the cultural and natural heritage of
outstanding universal value, organized on a permanent basis and in
accordance with modern scientific methods,
Having decided, at its sixteenth session, that this question should be
made the subject of an international convention,
Adopts this sixteenth day of November 1972 this Convention.
1. DEFINITIONS OF THE CULTURAL AND THE NATURAL HERITAGE
Article 1
For the purposes of this Convention, the following shall be considered
as "cultural heritage":
monuments: architectural works, works of monumental sculpture and
painting, elements or structures of an archaeological nature,
inscriptions, cave dwellings and combinations of features, which are of
outstanding universal value from the point of view of history, art or
science;
groups of buildings: groups of separate or connected buildings which,
because of their architecture, their homogeneity or their place in the
landscape, are of outstanding universal value from the point of view of
history, art or science;
sites: works of man or the combined works of nature and of man, and
areas including archaeological sites which are of outstanding universal
value from the historical, aesthetic, ethnological or
anthropological points of view.
Article 2
For the purposes of this Convention, the following shall be considered
as "natural heritage";
natural features consisting of physical and biological formations or
groups of such formations, which are of outstanding universal value from
the aesthetic or scientific point of view;
geological and physiographical formations and precisely delineated areas
which constitute the habitat of threatened species of animals and plants
of outstanding universal value from the point of view of science or
conservation;
natural sites or precisely delineated natural areas of outstanding
universal value from the point of view of science, conservation or
natural beauty.
Article 3
It is for each State Party to this Convention to identify and
delineate the different properties situated on its territory mentioned
in Articles 1 and 2 above.
II. NATIONAL PROTECTION AND INTERNATIONAL PROTECTION
OF THE CULTURAL AND NATURAL HERITAGE
Article 4
Each State Party to this Convention recognizes that the duty of
ensuring the identification, protection, conservation, presentation and
transmission to future generations of the cultural and natural heritage
referred to in Articles 1 and 2 and situated on its territory, belongs
primarily to that State. It will do all it can to this end, to the
utmost of its own resources and, where appropriate, with any
international assistance and co-operation, in particular, financial,
artistic, scientific and technical, which it may be able to obtain.
Article 5
To ensure that effective and active measures are taken for the
protection, conservation and presentation of the cultural and natural
heritage situated on its territory, each State Party to this Convention
shall endeavour, in so far as possible, and as appropriate for each
country:
(a) to adopt a general policy which aims to give the cultural and
natural heritage a function in the life of the community and to
integrate the protection of that heritage into comprehensive planning
programmes;
(b) to set up within its territories, where such services do not exist,
one or more services for the protection, conservation and presentation
of the cultural and natural heritage with an appropriate staff and
possessing the means to discharge their functions;
(c) to develop scientific and technical studies and research and to work
out such operating methods as will make the State capable of
counteracting the dangers that threaten its cultural or natural
heritage;
(d) to take the appropriate legal, scientific, technical, administrative
and financial measures necessary for the identification, protection,
conservation, presentation and rehabilitation of this heritage; and
(e) to foster the establishment or development of national or regional
centres for training in the protection, conservation and presentation of
the cultural and natural heritage and to encourage scientific research
in this field.
Article 6
1. Whilst fully respecting the sovereignty of the States on whose
territory the cultural and natural heritage mentioned in Articles 1 and
2 is situated, and without prejudice to property rights provided by
national legislation, the States Parties to this Convention recognize
that such heritage constitutes a world heritage for whose protection it
is the duty of the international community as a whole to co-operate.
2. The States Parties undertake, in accordance with the provisions of
this Convention, to give their help in the identification, protection,
conservation and preservation of the cultural and natural heritage
referred to in paragraphs 2 and 4 of Article 11 if the States on whose
territory it is situated so request.
3. Each State Party to this Convention undertakes not to take any
deliberate measures which might damage directly or indirectly the
cultural and natural heritage referred to in Articles 1 and 2 situated
on the territory of other States Parties to this Convention.
Article 7
For the purpose of this Convention, international protection of the
world cultural and natural heritage shall be understood to mean the
establishment of a system of international co-operation and assistance
designed to support States Parties to the Convention in their efforts to
conserve and identify that heritage.
III. INTERGOVERNMENTAL COMMITTEE FOR THE PROTECTION
OF THE WORLD CULTURAL AND NATURAL HERITAGE
Article 8
1. An Intergovernmental Committee for the Protection of the Cultural
and Natural Heritage of Outstanding Universal Value, called "the World
Heritage Committee", is hereby established within the United Nations
Educational, Scientific and Cultural Organization. It shall be composed
of 15 States Parties to the Convention, elected by States Parties to the
Convention meeting in general assembly during the ordinary session of
the General Conference of the United Nations Educational, Scientific and
Cultural Organization. The number of States members of the Committee
shall be increased to 21 as from the date of the ordinary session of the
General Conference following the entry into force of this convention for
at least 40 States.
2. Election of members of the Committee shall ensure an equitable
representation of the different regions and cultures of the world.
3. A representative of the International Centre for the Study of the
Preservation and Restoration of cultural Property (Rome Centre), a
representative of the International Council of Monuments and Sites
(ICOMOS) and a representative of the International Union for
Conservation of Nature and Natural Resources (IUCN), to whom may be
added, at the request of States Parties to the Convention meeting in
general assembly during the ordinary sessions of the General Conference
of the United Nations Educational, Scientific and Cultural Organization,
representatives of other intergovernmental or non-governmental
organizations, with similar objectives, may attend the meetings of the
Committee in an advisory capacity.
Article 9
1. The term of office of States members of the World Heritage
Committee shall extend from the end of the ordinary session of the
General Conference during which they are elected until the end of its
third subsequent ordinary session.
2. The term of office of one-third of the members designated at the
time of the first election shall, however, cease at the end of the first
ordinary session of the General Conference following that at which they
were elected; and the term of office of a further third of the members
designated at the same time shall cease at the end of the second
ordinary session of the General Conference following that at which they
were elected. The names of these members shall be chosen by lot by the
President of the General Conference of the United Nations Educational,
Scientific and Cultural Organization after the first election.
3. States members of the Committee shall choose as their
representatives persons qualified in the field of the cultural or
natural heritage.
Article 10
1. The World Heritage Committee shall adopt its Rules of Procedure.
2. The Committee may at any time invite public or private
organizations or individuals to participate in its meetings for
consultation on particular problems.
3. The Committee may create such consultative bodies as it deems
necessary for the performance of its functions.
Article 11
1. Every State Party to this Convention shall, in so far as possible,
submit to the World Heritage Committee an inventory of property forming
part of the cultural and natural heritage, situated in its territory and
suitable for inclusion in the list provided for in paragraph 2 of this
Article. This inventory, which shall not be considered exhaustive, shall
include documentation about the location of the property in question and
its significance.
2. On the basis of the inventories submitted by States in accordance
with paragraph 1, the Committee shall establish, keep up to date and
publish, under the title of "World Heritage List", a list of properties
forming part of the cultural heritage and natural heritage, as defined
in Articles 1 and 2 of this Convention, which it considers as having
outstanding universal value in terms of such criteria as it shall have
established. An updated list shall be distributed at least every two
years.
3. The inclusion of a property in the World Heritage List requires the
consent of the State concerned. The inclusion of a property situated in
a territory, sovereignty or jurisdiction over which is claimed by more
than one State shall in no way prejudice the rights of the parties to
the dispute.
4. The Committee shall establish, keep up to date and publish,
whenever circumstances shall so require, under the title of "List of
World Heritage in Danger", a list of the property appearing in the World
Heritage list for the conservation of which major operations are
necessary and for which assistance has been requested under this
Convention. This list shall contain an estimate of the cost of such
operations. The list may include only such property forming part of the
cultural and natural heritage as is threatened by serious and specific
dangers, such as the threat of disappearance caused by accelerated
deterioration, large-scale public or private projects or rapid urban or
tourist development projects; destruction caused by changes in the use
or ownership of the land; major alterations due to unknown causes;
abandonment for any reason whatsoever; the outbreak or the threat of an
armed conflict; calamities and cataclysms; serious fires, earthquakes,
landslides; volcanic eruptions; changes in water level, floods, and
tidal waves. The Committee may at any time, in case of urgent need, make
a new entry in the List of World Heritage in Danger and publicize such
entry immediately.
5. The Committee shall define the criteria on the basis of which a
property belonging to the cultural or natural heritage may be included
in either of the lists mentioned in paragraphs 2 and 4 of this article.
6. Before refusing a request for inclusion in one of the two lists
mentioned in paragraphs 2 and 4 of this article, the Committee shall
consult the State Party in whose territory the cultural or natural
property in question is situated.
7. The Committee shall, with the agreement of the States concerned,
co-ordinate and encourage the studies and research needed for the
drawing up of the lists referred to in paragraphs 2 and 4 of this
article.
Article 12
The fact that a property belonging to the cultural or natural heritage
has not been included in either of the two lists mentioned in paragraphs
2 and 4 of Article 11 shall in no way be construed to mean that it does
not have an outstanding universal value for purposes other than those
resulting from inclusion in these lists.
Article 13
1. The World Heritage Committee shall receive and study requests for
international assistance formulated by States Parties to this Convention
with respect to property forming part of the cultural or natural
heritage, situated in their territories, and included or potentially
suitable for inclusion in the lists referred to in paragraphs 2 and 4 of
Article 11. The purpose of such requests may be to secure the
protection, conservation, presentation or rehabilitation of such
property.
2. Requests for international assistance under paragraph 1 of this
article may also be concerned with identification of cultural or natural
property defined in Articles 1 and 2, when preliminary investigations
have shown that further inquiries would be justified.
3. The Committee shall decide on the action to be taken with regard to
these requests, determine where appropriate, the nature and extent of
its assistance, and authorize the conclusion, on its behalf, of the
necessary arrangements with the government concerned.
4. The Committee shall determine an order of priorities for its
operations. It shall in so doing bear in mind the respective importance
for the world cultural and natural heritage of the property requiring
protection, the need to give international assistance to the property
most representative of a natural environment or of the genius and the
history of the peoples of the world, the urgency of the work to be done,
the resources available to the States on whose territory the threatened
property is situated and in particular the extent to which they are able
to safeguard such property by their own means.
5. The Committee shall draw up, keep up to date and publicize a list
of property for which international assistance has been granted.
6. The Committee shall decide on the use of the resources of the Fund
established under Article 15 of this Convention. It shall seek ways of
increasing these resources and shall take all useful steps to this end.
7. The Committee shall co-operate with international and national
governmental and non-governmental organizations having objectives
similar to those of this Convention. For the implementation of its
programmes and projects, the Committee may call on such organizations,
particularly the International Centre for the Study of the Preservation
and Restoration of Cultural Property (the Rome Centre), the
International Council of Monuments and Sites (ICOMOS) and the
International Union for Conservation of Nature and Natural Resources
(IUCN), as well as on public and private bodies and individuals.
8. Decisions of the Committee shall be taken by a majority of
two-thirds of its members present and voting. A majority of the members
of the Committee shall constitute a quorum.
Article 14
1. The World Heritage Committee shall be assisted by a Secretariat
appointed by the Director-General of the United Nations Educational,
Scientific and Cultural Organization.
2. The Director-General of the United Nations Educational, Scientific
and Cultural Organization, utilizing to the fullest extent possible the
services of the International Centre for the Study of the Preservation
and the Restoration of Cultural Property (the Rome Centre), the
International Council of Monuments and Sites (ICOMOS) and the
International Union for Conservation of Nature and Natural Resources
(IUCN) in their respective areas of competence and capability, shall
prepare the Committee's documentation and the agenda of its meetings and
shall have the responsibility for the implementation of its decisions.
IV. FUND FOR THE PROTECTION OF THE WORLD CULTURAL
AND NATURAL HERITAGE
Article 15
1. A Fund for the Protection of the World Cultural and Natural
Heritage of Outstanding Universal Value, called "the World Heritage
Fund", is hereby established.
2. The Fund shall constitute a trust fund, in conformity with the
provisions of the Financial Regulations of the United Nations
Educational, Scientific and Cultural Organization.
3. The resources of the Fund shall consist of:
(a) compulsory and voluntary contributions made by the States Parties to
this Convention,
(b) contributions, gifts or bequests which may be made by:
(i) other States;
(ii) the United Nations Educational, Scientific and Cultural
Organization, other organizations of the United Nations system,
particularly the United Nations Development Programme or other
intergovernmental organizations;
(iii) public or private bodies or individuals;
(c) any interest due on the resources of the Fund;
(d) funds raised by collections and receipts from events organized for
the benefit of the Fund; and
(e) all other resources authorized by the Fund's regulations, as drawn
up by the World Heritage Committee.
4. Contributions to the Fund and other forms of assistance made
available to the Committee may be used only for such purposes as the
Committee shall define. The Committee may accept contributions to be
used only for a certain programme or project, provided that the
Committee shall have decided on the implementation of such programme or
project. No political conditions may be attached to contributions made
to the Fund.
Article 16
1. Without prejudice to any supplementary voluntary contribution, the
States Parties to this Convention undertake to pay regularly, every two
years, to the World Heritage Fund, contributions, the amount of which,
in the form of a uniform percentage applicable to all States, shall be
determined by the General Assembly of States Parties to the Convention,
meeting during the sessions of the General Conference of the United
Nations Educational, Scientific and Cultural Organization. This decision
of the General Assembly requires the majority of the States Parties
present and voting, which have not made the declaration referred to in
paragraph 2 of this Article. In no case shall the compulsory
contribution of States Parties to the Convention exceed 1% of the
contribution to the Regular Budget of the United Nations Educational,
Scientific and Cultural Organization.
2. However, each State referred to in Article 31 or in Article 32 of
this Convention may declare, at the time of the deposit of its
instruments of ratification, acceptance or accession, that it shall not
be bound by the provisions of paragraph 1 of this Article.
3. A State Party to the Convention which has made the declaration
referred to in paragraph 2 of this Article may at any time withdraw the
said declaration by notifying the Director-General of the United Nations
Educational, Scientific and Cultural Organization. However, the
withdrawal of the declaration shall not take effect in regard to the
compulsory contribution due by the State until the date of the
subsequent General Assembly of States Parties to the Convention.
4. In order that the Committee may be able to plan its operations
effectively, the contributions of States Parties to this Convention
which have made the declaration referred to in paragraph 2 of this
Article, shall be paid on a regular basis, at least every two years, and
should not be less than the contributions which they should have paid if
they had been bound by the provisions of paragraph 1 of this Article.
5. Any State Party to the Convention which is in arrears with the
payment of its compulsory or voluntary contribution for the current year
and the calendar year immediately preceding it shall not be eligible as
a Member of the World Heritage Committee, although this provision shall
not apply to the first election.
The terms of office of any such State which is already a member of the
Committee shall terminate at the time of the elections provided for in
Article 8, paragraph 1 of this Convention.
Article 17
The States Parties to this Convention shall consider or encourage the
establishment of national, public and private foundations or
associations whose purpose is to invite donations for the protection of
the cultural and natural heritage as defined in Articles 1 and 2 of this
Convention.
Article 18
The States Parties to this Convention shall give their assistance to
international fund-raising campaigns organized for the World Heritage
Fund under the auspices of the United Nations Educational, Scientific
and Cultural Organization. They shall facilitate collections made by the
bodies mentioned in paragraph 3 of Article 15 for this purpose.
V. CONDITIONS AND ARRANGEMENTS FOR INTERNATIONAL ASSISTANCE
Article 19
Any State Party to this Convention may request international
assistance for property forming part of the cultural or natural heritage
of outstanding universal value situated within its territory. It shall
submit with its request such information and documentation provided for
in Article 21 as it has in its possession and as will enable the
Committee to come to a decision.
Article 20
Subject to the provisions of paragraph 2 of Article 13, sub-paragraph
(c) of Article 22 and Article 23, international assistance provided for
by this Convention may be granted only to property forming part of the
cultural and natural heritage which the World Heritage Committee has
decided, or may decide, to enter in one of the lists mentioned in
paragraphs 2 and 4 of Article 11.
Article 21
1. The World Heritage Committee shall define the procedure by which
requests to it for international assistance shall be considered and
shall specify the content of the request, which should define the
operation contemplated, the work that is necessary, the expected cost
thereof, the degree of urgency and the reasons why the resources of the
State requesting assistance do not allow it to meet all the expenses.
Such requests must be supported by experts' reports whenever possible.
2. Requests based upon disasters or natural calamities should, by
reasons of the urgent work which they may involve, be given immediate,
priority consideration by the Committee, which should have a reserve
fund at its disposal against such contingencies.
3. Before coming to a decision, the Committee shall carry out such
studies and consultations as it deems necessary.
Article 22
Assistance granted by the World Heritage Committee may take the
following forms:
(a) studies concerning the artistic, scientific and technical problems
raised by the protection, conservation, presentation and rehabilitation
of the cultural and natural heritage, as defined in paragraphs 2 and 4
of Article 11 of this Convention;
(b) provision of experts, technicians and skilled labour to ensure that
the approved work is correctly carried out;
(c) training of staff and specialists at all levels in the field of
identification, protection, conservation, presentation and
rehabilitation of the cultural and natural heritage;
(d) supply of equipment which the State concerned does not possess or is
not in a position to acquire;
(e) low-interest or interest-free loans which might be repayable on a
long-term basis;
(f) the granting, in exceptional cases and for special reasons, of
non-repayable subsidies.
Article 23
The World Heritage Committee may also provide international assistance
to national or regional centres for the training of staff and
specialists at all levels in the field of identification, protection,
conservation, presentation and rehabilitation of the cultural and
natural heritage.
Article 24
International assistance on a large scale shall be preceded by
detailed scientific, economic and technical studies. These studies shall
draw upon the most advanced techniques for the protection, conservation,
presentation and rehabilitation of the natural and cultural heritage and
shall be consistent with the objectives of this Convention. The studies
shall also seek means of making rational use of the resources available
in the State concerned.
Article 25
As a general rule, only part of the cost of work necessary shall be
borne by the international community. The contribution of the State
benefiting from international assistance shall constitute a substantial
share of the resources devoted to each programme or
project, unless its resources do not permit this.
Article 26
The World Heritage Committee and the recipient State shall define in
the agreement they conclude the conditions in which a programme or
project for which international assistance under the terms of this
Convention is provided, shall be carried out. It shall be the
responsibility of the State receiving such international assistance to
continue to protect, conserve and present the property so safeguarded,
in observance of the conditions laid down by the agreement.
VI. EDUCATIONAL PROGRAMMES
Article 27
1. The States Parties to this Convention shall endeavour by all
appropriate means, and in particular by educational and information
programmes, to strengthen appreciation and respect by their peoples of
the cultural and natural heritage defined in Articles 1 and 2 of the
Convention.
2. They shall undertake to keep the public broadly informed of the
dangers threatening this heritage and of activities carried on in
pursuance of this Convention.
Article 28
States Parties to this Convention which receive international
assistance under the Convention shall take appropriate measures to make
known the importance of the property for which assistance has been
received and the role played by such assistance.
VII. REPORTS
Article 29
1. The States Parties to this Convention shall, in the reports which
they submit to the General Conference of the United Nations Educational,
Scientific and Cultural Organization on dates and in a manner to be
determined by it, give information on the legislative and administrative
provisions which they have adopted and other action which they have
taken for the application of this Convention, together with details of
the experience acquired in this field.
2. These reports shall be brought to the attention of the World
Heritage Committee.
3. The Committee shall submit a report on its activities at each of
the ordinary sessions of the General Conference of the United Nations
Educational, Scientific and Cultural Organization.
VIII. FINAL CLAUSES
Article 30
This Convention is drawn up in Arabic, English, French, Russian and
Spanish, the five texts being equally authoritative.
Article 31
1. This Convention shall be subject to ratification or acceptance by
States members of the United Nations Educational, Scientific and
Cultural Organization in accordance with their respective constitutional
procedures.
2. The instruments of ratification or acceptance shall be deposited
with the Director-General of the United Nations Educational, Scientific
and Cultural Organization.
Article 32
1. This Convention shall be open to accession by all States not
members of the United Nations Educational, Scientific and Cultural
Organization which are invited by the General Conference of the
Organization to accede to it.
2. Accession shall be effected by the deposit of an instrument of
accession with the Director-General of the United Nations Educational,
Scientific and Cultural Organization.
Article 33
This Convention shall enter into force three months after the date of
the deposit of the twentieth instrument of ratification, acceptance or
accession, but only with respect to those States which have deposited
their respective instruments of ratification, acceptance or accession on
or before that date. It shall enter into force with respect to any other
State three months after the deposit of its instrument of ratification,
acceptance or accession.
Article 34
The following provisions shall apply to those States Parties to this
Convention which have a federal or non-unitary constitutional system:
(a) with regard to the provisions of this Convention, the implementation
of which comes under the legal jurisdiction of the federal or central
legislative power, the obligations of the federal or central government
shall be the same as for those States Parties which are not federal
States;
(b) with regard to the provisions of this convention, the implementation
of which comes under the legal jurisdiction of individual constituent
States, countries, provinces or cantons that are not obliged by the
constitutional system of the federation to take legislative measures,
the federal government shall inform the competent authorities of such
States, countries, provinces or cantons of the said provisions, with its
recommendation for their adoption.
Article 35
1. Each State Party to this Convention may denounce the Convention.
2. The denunciation shall be notified by an instrument in writing,
deposited with the Director-General of the United Nations Educational,
Scientific and Cultural Organization.
3. The denunciation shall take effect twelve months after the receipt
of the instrument of denunciation. It shall not affect the financial
obligations of the denouncing State until the date on which the
withdrawal takes effect.
Article 36
The Director-General of the United Nations Educational, Scientific and
Cultural Organization shall inform the States members of the
Organization, the States not members of the Organization which are
referred to in Article 32, as well as the United Nations, of the deposit
of all the instruments of ratification, acceptance, or accession
provided for in Articles 31 and 32, and of the denunciations provided
for in Article 35.
Article 37
1. This Convention may be revised by the General Conference of the
United Nations Educational, Scientific and Cultural Organization. Any
such revision shall, however, bind only the States which shall become
Parties to the revising convention.
2. If the General Conference should adopt a new convention revising
this Convention in whole or in part, then, unless the new convention
otherwise provides, this Convention shall cease to be open to
ratification, acceptance or accession, as from the date on which the new
revising convention enters into force.
Article 38
In conformity with Article 102 of the Charter of the United Nations,
this Convention shall be registered with the Secretariat of the United
Nations at the request of the Director-General of the United Nations
Educational, Scientific and Cultural Organization.
Done in Paris, this twenty-third day of November 1972, in two
authentic copies bearing the signature of the President of the
seventeenth session of the General Conference and of the
Director-General of the United Nations Educational, Scientific
and Cultural Organization, which shall be deposited in the
archives of the United Nations Educational, Scientific and
Cultural Organization, and certified true copies of which shall
be delivered to all the States referred to in Articles 31 and 32
as well as to the United Nations.
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