World Heritage Properties Conservation Regulations (Amendment) (Cth)

Statutory Rules 1983 No. 671

 

World Heritage Properties Conservation Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the World Heritage Properties Conservation Act 1983.

Dated 26 May 1983.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

BARRY COHEN

Minister of State for Home Affairs and Environment

 

1. After regulation 1 of the World Heritage Properties Conservation Regulations the following regulation is inserted:

Interpretation

“1a. In these Regulations—

‘the Act’ means the World Heritage Properties Conservation Act 1983;

‘the plan’ means the plan—

(a) that is marked with the words “World Heritage (Western Tasmania Wilderness) Regulations—area to which regulations apply”;

(b) that bears the signature of the Minister for Home Affairs and Environment; and

(c) that is numbered S 181/001 and deposited with the Commonwealth Surveyor-General and available for inspection at the Australian Survey Office at 188 Collins Street, Hobart in the State of Tasmania.”.

 

S.R. No. 90/83 Cat. No.  —Recommended retail price 20c

 

2. After regulation 3 of the World Heritage Properties Conservation Regulations the following regulations are inserted:

Prescribed acts—Property to which sections 9 and 10 apply

“4. (1) In this regulation—

‘dam’ includes a coffer dam;

‘relevant property’ means—

(a) that part of the property described in paragraph 3 (a) that is within the areas described in Schedule 3;

(b) the property described in paragraph 3 (b); or

(c) the open archaeological site of ice-age occupation at the base of the flying-fox pylon on the west bank of the Franklin River at approximately Latitude 42°28′02″ South, Longitude 145°45′51″ East.

“(2) For the purposes of paragraphs 9 (1) (h) and 10 (2) (m) of the Act, each of the following acts is prescribed in relation to each relevant property:

(a) carrying out works in the course of constructing or continuing to construct a dam that, when constructed, will be capable of causing the inundation of that relevant property or of any part of that relevant property;

(b) carrying out works preparatory to the construction of such a dam;

(c) carrying out works associated with the construction or continued construction of such a dam.

Prescribed acts—Sites to which section 11 applies

“5. (1) In this regulation—

‘dam’ includes a coffer dam;

‘relevant site’ means—

(a) the Aboriginal site in the State of Tasmania known as Kutikina Cave (formerly known as Fraser Cave);

(b) the Aboriginal site in the State of Tasmania known as Deena Reena Cave; or

(c) the Aboriginal site in the State of Tasmania, being the open site of ice-age occupation at the base of the flying-fox pylon on the west bank of the Franklin River at approximately Latitude 42°28′02″ South, Longitude 145°45′51″ East.

“(2) For the purposes of paragraph 11 (1) (j) of the Act, each of the following acts is prescribed in relation to each relevant site:

(a) carrying out works in the course of constructing or continuing to construct a dam that, when constructed, will be capable of causing the inundation of that relevant site or of any part of that relevant site;

(b) carrying out works preparatory to the construction of such a dam;

(c) carrying out works associated with the construction or continued construction of such a dam.”.

3. The World Heritage Properties Conservation Regulations are amended by adding at the end thereof the following Schedule:

“SCHEDULE 3 Regulation 4

AREAS CONTAINING CULTURAL HERITAGE PROPERTY TO WHICH SECTIONS 9 AND 10 APPLY

All those areas of land—

(a) containing in the aggregate 4585 hectares or thereabouts shown coloured red on the plan and surrounded by black lines as shown by co-ordinates, bearings and other marked references;

(b) containing 10,320 hectares or thereabouts shown coloured blue or yellow on the plan and surrounded by black lines as shown by co-ordinates, bearings and other marked references and the contour line S.L. 80 metres shown on the plan and marked ‘S.L. 80m’ or ‘S.L. 80 metres’.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 27 May 1983.

2. Statutory Rules 1983 No. 65.

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