World Heritage (Western Tasmania Wilderness) Regulations (Cth)
WORLD HERITAGE (WESTERN TASMANIA WILDERNESS) REGULATIONS
(#DATE 28:04:1994)
(#DATE 28:04:1994)
- In force under the National Parks and Wildlife Conservation Act 1975
*1* The World Heritage (Western Tasmania Wilderness) Regulations (in force under the National Parks and Wildlife Conservation Act 1975) as shown in this reprint comprise Statutory Rules 1983 No. 31 amended as indicated in the Tables below.
Table of Statutory Rules
Year and Date of Date of Application
Number Notification commencement saving or
in Gazette transitional
provisions
1983 No. 31 (a) 31 Mar 1983 31 Mar 1983
66 27 May 1983 27 May 1983 -
(a) The form of introductory words used to make Statutory Rules 1983 No. 31 was as follows:
"WHEREAS -
(a) on 16 November 1972 the General Conference of the United Nations Educational, Scientific and Cultural Organization ('the Organization') adopted a multilateral Convention entitled 'Convention for the Protection of the World Cultural and Natural Heritage' ('the Convention'), a copy of the English text of which is set out in Schedule 1 to the following Regulations;
(b) one of the main purposes of the Convention, as shown by the preamble thereto, is to provide an effective system of collective protection of the cultural and natural heritage of outstanding universal value;
(c) on 22 August 1974 Australia deposited its instrument of ratification of the Convention with the Secretary-General of the Organization;
(d) on 17 December 1975 the Convention entered into force;
(e) at 16 March 1983, 72 countries from all regions of the world had become parties to the Convention;
(f) on 22 September 1981, by letter to the Prime Minister (a copy of which is set out in Schedule 2 to the following Regulations), the Premier of Tasmania requested that the nomination of an area described as the Western Tasmania Wilderness National Parks ('the property') for inclusion in the World Heritage List referred to in Article 11 of the Convention be submitted by Australia to the World Heritage Committee established under the Convention;
(g) on 13 November 1981 the Australian Government submitted the nomination of the property in the terms requested by the Premier of Tasmania to the Secretariat of the World Heritage Committee in accordance with Article 11.1 of the Convention;
(h) Australia has, by the nomination of the property, identified it, or evidenced its prior identification of it, as property forming part of the cultural and natural heritage in Australia for the purposes of the Convention, in respect of which Australia bears obligations under the Convention;
(i) Australia has obligations under Article 4 of the Convention, as the country in which the property is situated, to do all it can to the utmost of its own resources and, where appropriate, with any international assistance and co-operation Australia may be able to obtain, inter alia, to protect and conserve the property and transmit it to future generations;
(j) Australia has an obligation, under and in fulfilment of the purpose of Article 5 of the Convention, to endeavour, in so far as possible, and as appropriate for Australia, inter alia, to take the appropriate legal measures necessary for the protection of the property;
(k) at its meeting in Paris between 13 December 1982 and 17 December 1982 the World Heritage Committee included the property in the World Heritage List and, in relation to that inclusion, made the statement set forth in Schedule 3 to the following Regulations;
(l) works within those parts of the area of the property described in regulation 2 of the following Regulations are proposed to be carried out, and are being carried out, that are damaging and destroying, and unless prevented will further damage and destroy, the property in its character as an item of the world cultural and natural heritage;
(m) these works endanger particular features of the property which themselves have outstanding value as part of the world cultural and natural heritage and which were expressly identified in the nomination of the property by Australia as among the significant features justifying inclusion of the property in the World Heritage List; and
(n) the damage and destruction would be a matter of international concern, and failure by Australia to prevent it would prejudice Australia's relations with other parties to the Convention:
"NOW THEREFORE I, the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under section 69 of the National Parks and Wildlife Conservation Act 1975."
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 5 am. 1983 No. 66
WORLD HERITAGE (WESTERN TASMANIA WILDERNESS) REGULATIONS - TABLE OF
PROVISIONSTABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Application
3. Interpretation
4. Regulations to bind Crown
5. Protection of cultural and natural heritage
6. Jurisdiction to grant injunction not affected
7. Compensation for acquisition of property
8. Evidentiary provision
SCHEDULE 1
CONVENTION FOR THE PROTECTION OF THE WORLD CULTURAL
AND NATURAL HERITAGE
SCHEDULE 2
LETTER FROM PREMIER OF TASMANIA
SCHEDULE 3
STATEMENT BY WORLD HERITAGE COMMITTEE
WORLD HERITAGE (WESTERN TASMANIA WILDERNESS) REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the World Heritage (Western Tasmania Wilderness) Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
WORLD HERITAGE (WESTERN TASMANIA WILDERNESS) REGULATIONS - REG 2
Application
2. (1) In this regulation, "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; and
(c) that is numbered S181/001 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.
(2) These Regulations apply to the following areas, namely:
(a) all those areas of land 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) all that area of land containing 9540 hectares or thereabouts shown coloured blue on the plan, being the part coloured blue of the area on the plan 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. 80 m" or "S.L. 80 metres".
WORLD HERITAGE (WESTERN TASMANIA WILDERNESS) REGULATIONS - REG 3
Interpretation
3. In these Regulations, unless the contrary intention appears:
"cultural heritage" has the same meaning as in the Convention;
"natural heritage" has the same meaning as in the Convention;
"person" includes a body politic or corporate as well as an individual and, in particular, includes the State of Tasmania;
"the Convention" means the Convention for the Protection of the World Cultural and Natural Heritage referred to in the preamble to these Regulations.
WORLD HERITAGE (WESTERN TASMANIA WILDERNESS) REGULATIONS - REG 4
Regulations to bind Crown
4. (1) These Regulations bind the Crown in right of the Commonwealth or of the State of Tasmania.
(2) Nothing in these Regulations renders the Commonwealth or the State of Tasmania liable to be prosecuted for an offence.
(3) Subregulation (2) does not affect any liability of any servant or agent of the Commonwealth or of the State of Tasmania to be prosecuted for an offence.
WORLD HERITAGE (WESTERN TASMANIA WILDERNESS) REGULATIONS - REG 5
Protection of cultural and natural heritage
5. (1) Except with the consent of the Minister, a person shall not, within an area to which these Regulations apply, whether by himself or by his servant or agent:
(a) construct a dam or associated works or do any act in the course of, or for the purpose of, the construction of a dam or associated works;
(b) carry out any excavation works;
(c) erect a building or other substantial structure or do any act in the course of, or for the purpose of, the erection of a building or other substantial structure;
(d) kill, cut down, damage or remove any tree;
(e) construct or establish any road or vehicular track;
(f) use explosives; or
(g) carry out any other works.
Penalty: $5,000.
(2) Except with the consent of the Minister, a person shall not, within an area to which these Regulations apply, whether by himself or by his servant or agent, do any act, not being an act referred to in subregulation (1), that is likely adversely to affect the conservation or preservation of that area as part of the world cultural heritage or natural heritage.
Penalty: $5,000.
(3) Where:
(a) within an area to which these Regulations apply, a person does an act referred to in subregulation (1) without the consent of the Minister; and
(b) the controller of that area or of the relevant part of that area has failed to take reasonable steps to prevent the doing of the act;
the controller of that area or of the relevant part of that area, as the case may be, is guilty of an offence and is punishable upon conviction by a fine not exceeding $5,000.
(4) For the purposes of subregulation (3), a person is the controller of an area or of a part of an area if the person is:
(a) the person in whom that area or part is vested; or
(b) if the person in whom that area or part is vested is not the occupier of that area or part - the person who is the occupier of that area or part, as the case may be.
WORLD HERITAGE (WESTERN TASMANIA WILDERNESS) REGULATIONS - REG 6
Jurisdiction to grant injunction not affected
6. The provision for penalties in regulation 5 is not intended to preclude any court from granting an injunction (including an interim injunction), declaration or other relief.
WORLD HERITAGE (WESTERN TASMANIA WILDERNESS) REGULATIONS - REG 7
Compensation for acquisition of property
7. (1) Where, but for this regulation, the operation of a provision of these Regulations would result in the acquisition of property from a person otherwise than on just terms, there is payable to the person by the Commonwealth such reasonable amount of compensation as is agreed upon between the person and the Commonwealth or, failing agreement, as is determined by a court of competent jurisdiction.
(2) In subregulation (1), "acquisition of property" and "just terms" have the same respective meanings as in paragraph 51 (xxxi) of the Constitution.
WORLD HERITAGE (WESTERN TASMANIA WILDERNESS) REGULATIONS - REG 8
Evidentiary provision
8. A document that bears a certificate purporting to be signed by an officer of the Department of Administrative Services and stating that the document is a true copy of the plan referred to in regulation 2 is evidence of that plan.
WORLD HERITAGE (WESTERN TASMANIA WILDERNESS) REGULATIONS - SCHEDULE 1 SCH
SCHEDULE 1
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.
I. 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 and 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 party 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 cause 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 request 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 State 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 and 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.
WORLD HERITAGE (WESTERN TASMANIA WILDERNESS) REGULATIONS - SCHEDULE 2 SCH
SCHEDULE 2
LETTER FROM PREMIER OF TASMANIA
PREMIER OF TASMANIA
HOBART
22 September 1981.
Dear Mr. Fraser,
I refer to my previous letter of 30 April 1981 and enclose a
nomination for World Heritage Commission listing of the Western
Tasmania Wilderness National Parks. This nomination is a more
detailed and expanded nomination than that previously submitted to
you in December last year, which included only the Southwest National
Park.
The nomination now includes the Southwest National Park, the
recently-proclaimed Franklin-Lower Gordon Wild Rivers National Park
and Cradle Mountain-Lake St. Clair National Park.
I would be pleased if this nomination could be submitted to the
World Heritage Commission so that it may be considered when next the
Commission meets.
Yours sincerely,
(D. A. Lowe)
PREMIER.
Rt. Hon. J. M. Fraser, C.H., M.P.
Prime Minister of the Commonwealth,
Parliament House,
CANBERRA,
A.C.T. 2600.
WORLD HERITAGE (WESTERN TASMANIA WILDERNESS) REGULATIONS - SCHEDULE 3 SCH
SCHEDULE 3
STATEMENT BY WORLD HERITAGE COMMITTEE
The Committee is seriously concerned at the likely effect of dam
construction in the area on those natural and cultural
characteristics which make the property of outstanding universal
value.
In particular it considers that flooding of parts of the river
valleys would destroy a number of cultural and natural features of
great significance, as identified in the ICOMOS and IUCN Reports.
The Committee therefore recommends that the Australian Authorities
take all possible measures to protect the integrity of the property.
The Committee suggests that the Australian authorities should ask
the Committee to place the property on the list of World Heritage in
danger until the question of dam construction is resolved.
0
0
0