World Heritage Properties Conservation Act 1983
No. 5 of 1983
An Act relating to the protection and conservation of certain property, and for related purposes
[Assented to 22 May 1983]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title
1. This Act may be cited as the World Heritage Properties Conservation Act 1983.
Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Interpretation
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;
“minerals” includes sand, gravel, rock, clay, oil and natural gas;
“natural heritage” has the same meaning as in the Convention.
(2) A reference in this Act to identified property shall be read as a reference to—
(a) property forming part of the cultural heritage or natural heritage, being property that—
(i) the Commonwealth has, under Article 11 of the Convention, submitted 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; or
(ii) has been 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).
(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.
Application
4. This Act extends to all the external Territories and has extra-territorial operation according to its tenor.
Act to bind Crown
5. 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.
Property to which section 9 applies
6. (1) A Proclamation may be made under sub-section (3) in relation to identified property that is not in any State.
(2) A Proclamation may also be made under sub-section (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…