World Heritage Properties Conservation Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 388 1

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World Heritage Properties Conservation Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the World Heritage Properties Conservation Act 1983.

Dated 18 November 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

JOHN FAULKNER

Minister for the Environment, Sport and Territories

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1.   Amendment

1.1   The World Heritage Properties Conservation Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   New regulation 3F

2.1   After regulation 3E, insert:

Prescribed acts—property to which section 9 applies

“3F.

(1) In this regulation:

‘native plant’ means:

• (a)

  a plant that is indigenous to Australia; and

• (b)

  a plant of a kind introduced into Australia, directly or indirectly, by Aboriginals before the year 1788;

‘plant’ means any member, alive or dead, of the plant kingdom or the fungus kingdom, and includes a seed and a part of a plant;

‘relevant property’ means property described in Schedule 2D.

“(2)

For the purposes of subsection 9 (1) of the Act, each of the following acts is prescribed in relation to the relevant property:

• (a)

  performing excavating or other earth-moving works, including dredging;

• (b)

  killing, removing or damaging a native plant;

• (c)

  disturbing soil (including marine sediment) in such a way as to damage a native plant;

• (d)

  constructing, establishing, maintaining or continuing to construct, establish or maintain:

  • (i)

    a breakwater; or

  • (ii)

    a revetment; or

  • (iii)

    any other substantial structure;

• (e)

  carrying out work preparatory to an act referred to in paragraph (d);

• (f)

  carrying out work associated with an act referred to in paragraph (d);

• (g)

  introducing fluid into a body of water adjacent to or in the relevant property;

• (h)

  permitting, authorising, directing or ordering, or purporting to permit, authorise, direct or order, the doing of an act of a kind referred to in paragraph (a), (b), (c), (d), (e), (f) or (g);

unless the act is so performed that no damage will occur to the relevant property or part of the relevant property, and whether the act is performed alone or in connection with another act.

3.   New Schedule 2D

3.1   After Schedule 2C, insert:

SCHEDULE 2D

Regulation 3F

HINCHINBROOK CHANNEL—DESCRIPTION OF PROTECTED AREA

 

All that area:

(a) bounded by a line commencing at the point of intersection of the meridian of Longitude 146° 02¢ 02≤ East and the Mean Low Water Mark of the coastline of the Australian mainland near the township of Cardwell (approximate Latitude 18° 16¢ 20≤ South), running in a north-easterly direction in a straight line to the point of intersection of Latitude 18° 15¢ 55≤ South and Longitude 146° 02¢ 25≤ East, then in a south-easterly direction in a straight line to the point of intersection of Latitude 18° 16¢ 05≤ South and Longitude 146° 02¢ 44≤ East, then in a south-easterly direction in a straight line to the point of intersection of Latitude 18° 16¢ 18≤ South and Longitude 146° 03¢ 18≤ East, then in a south-westerly direction in a straight line to the point of intersection of Latitude 18° 16¢ 42≤ South and the Mean Low Water Mark of the coastline of the Australian mainland in the vicinity of Oyster Point, and then in a generally north-westerly direction along the line of Mean Low Water Mark to the point of commencement; or

(b) bounded by a line commencing at the point of intersection of the meridian of Longitude 146° 02¢ 02≤ East and the Mean Low Water Mark of the coastline of the Australian mainland near the township of Cardwell (approximate Latitude 18° 16¢ 20≤ South), running then in a north-easterly direction in a straight line to the point of intersection of Latitude 18° 16¢ 05≤ South and Longitude 146° 02¢ 44≤ East, then in a south-easterly direction in a straight line to the point of intersection of Latitude 18° 16¢ 18≤ South and Longitude 146° 03¢ 18≤ East, then in a south-easterly direction in a straight line to the point of intersection of Latitude 18° 16¢ 54≤ South and Longitude 146° 03¢ 29≤ East, then in a south-westerly direction in a straight line to the point of intersection of Latitude 18° 17¢ 18≤ South and the Mean Low Water Mark of the coastline of the Australian mainland (approximate Longitude 146° 03¢ 06≤), and then in a generally north-westerly direction along the line of Mean Low Water Mark to the point of commencement; or

(c) bounded by a line commencing at the point of intersection of the meridian of Longitude 146° 02¢ 02≤ East and the Mean Low Water Mark of the coastline of the Australian mainland near the township of Cardwell (approximate Latitude 18° 16¢ 20≤ South), and proceeding in a north-easterly direction in a straight line to the point of intersection of Latitude 18° 15¢ 55≤ South andLongitude 146° 02¢ 25≤ East, then in a south-easterly direction in a straight line to the point of intersection of Latitude 18° 16¢ 05≤ South and Longitude 146° 02¢ 44≤ East, then in a south-easterly direction in a straight line to the point of intersection of Latitude 18° 16¢ 18≤ South and Longitude 146° 03¢ 18≤ East, then in a south-westerly direction in a straight line to the point of intersection of Latitude 18° 16¢ 54≤ South and Longitude 146° 03¢ 29≤ East, then in a south-easterly direction in a straight line to the point of intersection of Latitude 18°17¢ 48≤ South and Longitude 146° 04¢ 10≤ East, then in a south-westerly direction in a straight line to the point of intersection of Latitude 18° 18¢ 12≤ South and the Mean Low Water Mark of the coastline of the Australian mainland (approximate Longitude 146° 03¢ 48≤ East), and then in a generally north-westerly direction along the line of Mean Low Water Mark to the point of commencement.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 18 November 1994.

2. Statutory Rules 1983 No. 65 as amended by 1983 No. 67; 1988 Nos 2, 47, 68, 338 and 339; 1990 No. 249; 1992 No. 262.