Cape Baily Lighthouse Heritage Management Plan 2024

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2024L00357 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

Cape Baily Lighthouse Heritage Management Plan 2024

 

Authority

Section 341S of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) requires that the Commonwealth Agency that owns or controls a Commonwealth Heritage place must make a written management plan to provide for the protection and management of the values of the Commonwealth Heritage place.

The Cape Baily Lighthouse and adjacent land is currently owned by the State of New South Wales. However, the Australian Maritime Safety Authority (AMSA) controls the site within the meaning of “control” at section 528 of the EPBC Act on the basis that AMSA holds a lease for the site from New South Wales National Parks and Wildlife Service, and operates the lighthouse in exercise of statutory powers conferred on the Authority at Chapter 6, Part 5 of the Navigation Act 2012 (Cth).

This management plan, the Cape Baily Lighthouse Heritage Management Plan (the Plan), provides for the protection and management of the values of the Cape Baily Lighthouse.

Purpose and overview

Built in 1950, Cape Baily Lighthouse was constructed to aid vessels entering and leaving Botany Bay south of Sydney (New South Wales).

The Plan provides for the future management of the Cape Baily Lighthouse by AMSA, with the objective of identifying, protecting, conserving, presenting and transmitting its Commonwealth heritage values. The Plan contains a detailed description of the history and cultural significance of the Lighthouse, as well as its physical elements and condition. Importantly, the Plan sets out the operational requirements for the management of the Lighthouse, heritage management policies that guide the management and protection of the Commonwealth heritage values of the Lighthouse and plans for AMSA to implement such operational requirements and policies.

The Plan addresses all matters prescribed by Schedule 7A of the Environment Protection and Biodiversity Conservation Regulations 2000 and is consistent with the Commonwealth Heritage Management Principles set out in Schedule 7B of those regulations.

 

Consultation

On 7 October 2022 notices of the draft Plan were published in The Australian newspaper and on AMSA’s public website. A copy of the draft Plan was published on AMSA’s website. The public consultation period closed on 4 November 2022. Submissions received were reviewed by AMSA’s Heritage Team and feedback was implemented into the draft plan.

 

In preparation of the Plan, AMSA consulted with the New South Wales National Parks and Wildlife Service (NSW NPWS). The feedback received consisted of information on site access. This information was adopted into the plan.

AMSA sought engagement with Traditional Stakeholders with interests in the Cape Baily region under direction from NSW NPWS however no responses have been received.

 

In accordance with paragraph 341S(6)(a) of the EPBC Act, the Minister for the Environment was asked for advice on the Plan as proposed. On 5 January 2024, the Minister's delegate confirmed that the Plan complied with the requirements of the EPBC Act and the Commonwealth Heritage Management Principles.

 

The Office of Impact Analysis (OIA) considers that the changes made by the Plan have regulatory impacts of a minor or machinery nature and no regulation impact statement is required. The OIA reference number is 42955.

 

Documents incorporated by reference

There are two publications mentioned in the Plan, being Burra Charter and also Working Together: Managing Commonwealth Heritage Places. These documents are guidance in nature and suggest methodologies, process and strategies for conservation management of sites, including fixtures and items of historical significance. As important reference tools, these documents provide context for AMSA’s decision making process for the management of Cape Baily Lighthouse as a Commonwealth heritage place.

The mention of Burra Charter is to the 2013 edition. The mention of Working Together: Managing Commonwealth Heritage Places is to the 2019 edition. The incorporation of these documents is authorised by subsection 14(1) of the Legislation Act 2003.

The Burra Charter is a publication that defines the basic principles and procedures that may be followed in the conservation of a cultural heritage place.

Working Together: Managing Commonwealth Heritage Places is another guide that is published for Commonwealth agencies like AMSA to better understand the management requirements for Commonwealth Heritage places subject to the Environment Protection and Biodiversity Conservation Act regime.

Both the Burra Charter and Working Together: Managing Commonwealth Heritage Places are accessible and free of charge.

The Burra Charter is available at https://australia.icomos.org.

Working Together: Managing Commonwealth Heritage Places is available at https://www.awe.gov.au/parks-heritage/heritage/publications.

Review

The Plan was made by AMSA on 22 February 2024.

 

In accordance with section 341X of the Environment Protection and Biodiversity Conservation Act 1999 a review must be carried out within five years of the management plan being made.

 

Statement of Compatibility with Human Rights

This statement is prepared in accordance with section 9 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the instrument

Section 341S of the EPBC Act requires that the Commonwealth Agency that owns or controls a Commonwealth Heritage place must make a written management plan to provide for the protection and management of the values of the Commonwealth Heritage place. The plan provides such a framework for the Cape Baily Lighthouse.

The Plan provides for the future management of the Cape Baily Lighthouse by AMSA with the objective of identifying, protecting, conserving, presenting and transmitting its Commonwealth heritage values.

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Making the instrument

The Plan has been made by the Chief Executive Officer of the AMSA in accordance with subsection 49(4) of the Australian Maritime Safety Authority Act 1990.

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national and international significance. It was introduced to address the gap in comprehensive environmental protection and biodiversity conservation legislation in Australia. Enacted by the Commonwealth Parliament, the EPBC Act aims to achieve sustainable development by balancing environmental protection with economic and social considerations. The Cape Baily Lighthouse Heritage Management Plan 2024, made under section 341S of the EPBC Act, is designed to provide for the protection and management of the values of the Cape Baily Lighthouse, a Commonwealth Heritage place. Developed by the Australian Maritime Safety Authority (AMSA), the plan outlines the operational requirements and policies for the management of the lighthouse, ensuring its heritage values are preserved and communicated to the public. This management plan adheres to the Commonwealth Heritage Management Principles and has been reviewed and approved by the Minister for the Environment, affirming its compliance with the EPBC Act.

Scope and Application

The Cape Baily Lighthouse Heritage Management Plan 2024 is a statutory instrument made under section 341S of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which mandates that the Commonwealth agency controlling a Commonwealth Heritage place must prepare a written management plan to protect and manage the heritage values of the site. The Australian Maritime Safety Authority (AMSA), which holds a lease for the Cape Baily Lighthouse from the New South Wales National Parks and Wildlife Service, is the controlling agency for this Commonwealth Heritage place. The Plan applies to the management of the Cape Baily Lighthouse, ensuring its heritage values are identified, protected, conserved, presented, and transmitted. It addresses all matters prescribed by Schedule 7A of the Environment Protection and Biodiversity Conservation Regulations 2000 and aligns with the Commonwealth Heritage Management Principles in Schedule 7B of those regulations. The Plan was subject to public consultation, and feedback was incorporated, while also consulting with the New South Wales National Parks and Wildlife Service and seeking engagement with Traditional Stakeholders. The Minister for the Environment's delegate confirmed the Plan's compliance with the EPBC Act and the Heritage Management Principles. The Plan incorporates two referenced documents: the Burra Charter (2013 edition) and Working Together: Managing Commonwealth Heritage Places (2019 edition), both of which provide methodologies and strategies for the conservation management of heritage sites. The Plan is subject to a mandatory review within five years of its creation, as per section 341X of the EPBC Act, and has been deemed compatible with human rights under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Cape Baily Lighthouse Heritage Management Plan 2024 (the Plan) is established under section 341S of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which mandates that the Commonwealth Agency controlling a Commonwealth Heritage place must create a written management plan for its protection and management. This requirement is fulfilled by the Australian Maritime Safety Authority (AMSA), which controls the Cape Baily Lighthouse, despite the site being owned by the State of New South Wales. The Plan, developed by AMSA, aims to protect, conserve, present, and transmit the heritage values of the Cape Baily Lighthouse, which was built in 1950 to aid vessels entering and leaving Botany Bay south of Sydney. The Plan outlines the history, cultural significance, physical elements, and condition of the Lighthouse, and sets operational requirements and heritage management policies for its management. The Plan imposes several obligations on AMSA, including the responsibility to consult with relevant stakeholders during its development and implementation. Public consultation was conducted between 7 October and 4 November 2022, with submissions reviewed and feedback incorporated into the final Plan. Additionally, AMSA consulted with the New South Wales National Parks and Wildlife Service (NSW NPWS) and sought engagement with Traditional Stakeholders, though no responses were received. The Plan must be reviewed within five years of its creation, in accordance with section 341X of the EPBC Act. AMSA is also required to adhere to the Commonwealth Heritage Management Principles, as outlined in Schedule 7B of the Environment Protection and Biodiversity Conservation Regulations 2000, and to incorporate relevant guidance from documents such as the Burra Charter and Working Together: Managing Commonwealth Heritage Places. The Plan does not create specific offences or penalties for non-compliance, but it is subject to the overarching provisions of the EPBC Act and other relevant legislation. Failure to adhere to the requirements of the Plan, such as not protecting the heritage values of the Lighthouse or neglecting to consult with stakeholders, could lead to broader legal consequences under the EPBC Act. Additionally, AMSA’s actions in managing the Lighthouse are subject to scrutiny and enforcement by the relevant authorities. The Office of Impact Analysis has determined that the Plan has regulatory impacts of a minor or machinery nature and does not require a regulation impact statement. The Plan has been made by the Chief Executive Officer of AMSA in accordance with subsection 49(4) of the Australian Maritime Safety Authority Act 1990, and it complies with the requirements of the EPBC Act and the Commonwealth Heritage Management Principles. The Minister for the Environment’s delegate confirmed that the Plan complies with the EPBC Act on 5 January 2024. The Plan also includes a Statement of Compatibility with Human Rights, prepared under section 9 of the Human Rights (Parliamentary Scrutiny) Act 2011, confirming that the Plan is compatible with human rights and freedoms recognised or declared in international instruments.

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Area of Law
Environmental Law
Heritage Law
Instrument
Plan
Concepts
Definitions & Interpretation
Regulatory Standards
Consultation Requirements
Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.