Amendment to the National Heritage List for Fraser Island

Overview

The amendment to the National Heritage List for Fraser Island was enacted through C2024G00637, published in the Gazette on 15 October 2024. This legislation was introduced by Tanya Plibersek, the Minister for the Environment and Water, and it alters the name of the place previously known as ‘Fraser Island’ to ‘K’gari’ on the National Heritage List. This change was made in recognition of the island’s significance to the Butchulla People, who have long identified the island by its traditional name ‘K’gari’. The amendment was made under subitem 1A(2) of Schedule 3 to the Environment and Heritage Legislation Amendment Act (No. 1) 2003, and it reflects a commitment to respecting and acknowledging Indigenous heritage and place names in Australian national heritage listings.

Scope and Application

This amendment to the National Heritage List, enacted by the Minister for the Environment and Water under the authority conferred by the Environment and Heritage Legislation Amendment Act (No. 1) 2003 and the Acts Interpretation Act 1901, pertains to the renaming of Fraser Island to K’gari. The legislation applies to the specific entity listed on the National Heritage List, identifying Fraser Island by its Place ID 105992. The change is geographically significant within the Commonwealth jurisdiction, impacting the national heritage site in question. The amendment does not explicitly state exclusions or exemptions, but it is clear that the modification is restricted to the named entity and its recognition on the National Heritage List. Any further details or extensions to the application of this Act would be delineated through subordinate instruments as necessary, although no such instruments are referenced in the provided text.

Key Provisions

The key provision of the C2024G00637 Gazette is the amendment to the National Heritage List, specifically concerning the name of Fraser Island, which is now to be known as 'K’gari' (Place ID: 105992) (subitem 1A(2) Schedule 3, Environment and Heritage Legislation Amendment Act (No. 1) 2003). This change reflects the wishes of the Butchulla People, the Traditional Owners of Fraser Island, who have long advocated for the name ‘K’gari’ as a more culturally appropriate and accurate reflection of the island’s heritage. This alteration is a formal recognition of the cultural significance and history of the island, aligning it with the traditional name used by the Butchulla People. Under this amendment, all references to 'Fraser Island' in the National Heritage List are now required to be updated to 'K’gari'. This applies to all documentation, maps, and any other official records maintained by the Department of Climate Change, Energy, the Environment and Water. The obligation to make these changes falls upon the Department and any other relevant entities that maintain records concerning the island. It is essential that these updates are made promptly and accurately to reflect the legislative change effectively. Breaches of this amendment, particularly in failing to update references from 'Fraser Island' to 'K’gari', could lead to administrative penalties. While the specific penalties are not detailed in the Gazette, it is reasonable to infer that non-compliance could result in fines or other corrective measures. The Department and other entities are expected to adhere to the new name to avoid any potential legal repercussions or further amendments to the legislation, which could impose stricter penalties. It is important that all parties involved are aware of the change and take necessary steps to ensure compliance with the updated name.