Cape St Albans Lighthouse Heritage Management Plan 2023

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2024L00073 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

Cape St Albans Lighthouse Heritage Management Plan 2023

 

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 St Albans Lighthouse and adjacent land is currently owned by the Australian Maritime Safety Authority (AMSA). AMSA controls the site within the meaning of “control” at section 528 of the EPBC Act , 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 St Albans Lighthouse Heritage Management Plan (the Plan), provides for the protection and management of the values of the Cape St Albans Lighthouse.

Purpose and overview

Built in 1908, Cape St Albans Lighthouse was built to assist lighting Backstairs Passage between Kangaroo Island and the South Australian coast. The lighthouse is notable for its heritage significance and was placed on the Commonwealth Heritage List in 2004 for its role in providing navigational assistance, and its standing as one of the earliest unattended lights established in South Australia. The lighthouse is demonstrative of a transition in lighthouse technology of the early twentieth century.

The Plan provides for the future management of the Cape St Albans 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 27 July 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 23 August 2022. Submissions received were reviewed by AMSA’s Heritage Team and feedback was implemented into the draft plan.

 

AMSA consulted with SA Department for Environment and Water (DEW), SA National Parks and Wildlife, and the Ramindjeri Heritage Association Inc. under direction from the SA Department of the Premier and Cabinet (Aboriginal Affairs and Reconciliation (AAR DPC).

 

The feedback received consisted of information on the history of the site and its past and present associations. This information was adopted into the plan.

 

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 20 November 2023, 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 St Albans Lighthouse as a Commonwealth heritage place.

The mention of each document is to the latest edition.

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 18 December 2023.

 

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 St Albans Lighthouse.

The Plan provides for the future management of the Cape St Albans 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) mandates that any Commonwealth agency owning or controlling a Commonwealth Heritage place must create a written management plan to safeguard and manage the site's values. In accordance with this requirement, the Australian Maritime Safety Authority (AMSA), which owns and controls the Cape St Albans Lighthouse, has developed the Cape St Albans Lighthouse Heritage Management Plan 2023. This Plan aims to protect and manage the heritage values of the lighthouse, ensuring its conservation for future generations while also recognising its historical and cultural significance. The enactment of the EPBC Act aimed to address the need for comprehensive environmental protection and biodiversity conservation policies, integrating heritage conservation into the broader framework of environmental management. The legislative instrument was enacted by the Australian Parliament to provide a structured approach to managing and preserving significant heritage sites, such as the Cape St Albans Lighthouse.

Scope and Application

The Cape St Albans Lighthouse Heritage Management Plan 2023 is a regulatory instrument made under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and applies specifically to the Cape St Albans Lighthouse and the adjacent land, which is currently owned and controlled by the Australian Maritime Safety Authority (AMSA). The purpose of this Plan is to ensure the protection and management of the values of the Cape St Albans Lighthouse, which was constructed in 1908 to aid navigation in Backstairs Passage between Kangaroo Island and the South Australian coast. As a Commonwealth Heritage place, the Plan outlines the operational requirements for managing the lighthouse, the heritage management policies guiding the preservation of its heritage values, and implementation plans for AMSA. The Plan is designed to comply with Schedule 7A of the Environment Protection and Biodiversity Conservation Regulations 2000 and adheres to the Commonwealth Heritage Management Principles set out in Schedule 7B of those regulations. The Plan was subject to public consultation, with notices published in The Australian newspaper and on AMSA's public website, and closed on 23 August 2022. Submissions received were reviewed and incorporated into the draft Plan. The Minister for the Environment confirmed that the Plan complies with the EPBC Act and the Commonwealth Heritage Management Principles on 20 November 2023. This Plan extends to the management of the Cape St Albans Lighthouse by AMSA within the Commonwealth jurisdiction, and no subordinate instruments extend or restrict its application.

Key Provisions

Section 341S of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) mandates that the Commonwealth Agency that owns or controls a Commonwealth Heritage place must develop a written management plan to ensure the protection and management of the site's values. The Cape St Albans Lighthouse Heritage Management Plan (the Plan) is such a plan, crafted to guide the future management of the Cape St Albans Lighthouse by the Australian Maritime Safety Authority (AMSA). This plan serves to identify, protect, conserve, present, and transmit the heritage values of the lighthouse. It contains a detailed history and cultural significance of the lighthouse, an account of its physical elements and condition, operational requirements for management, and policies for the protection of its heritage values. The Plan also incorporates strategies and methodologies for conservation management from the Burra Charter and Working Together: Managing Commonwealth Heritage Places. The Plan imposes specific obligations on AMSA. These include ensuring the preservation of the lighthouse's historical and cultural significance, adhering to the heritage management policies outlined in the Plan, and implementing operational requirements for the management of the lighthouse. AMSA must also consult with relevant stakeholders, including the SA Department for Environment and Water, SA National Parks and Wildlife, and the Ramindjeri Heritage Association Inc. Furthermore, the Minister for the Environment was consulted regarding the Plan, and their delegate confirmed its compliance with the EPBC Act and the Commonwealth Heritage Management Principles. Additionally, the Plan must be reviewed within five years, as required by section 341X of the EPBC Act. Failure to comply with the requirements of the Plan could result in civil or criminal consequences. While the specific penalties for breaches are not detailed within the Plan, the EPBC Act generally provides for a range of penalties for non-compliance with its provisions. These can include substantial fines and, in severe cases, imprisonment. Additionally, the human rights implications of the Plan have been considered, and it has been determined that the Plan is compatible with human rights and freedoms recognised or declared in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011. The Plan was made by the Chief Executive Officer of AMSA in accordance with subsection 49(4) of the Australian Maritime Safety Authority Act 1990.

Legal classification tags

Area of Law
Environmental Law
Heritage Law
Instrument
Management Plan
Concepts
Definitions & Interpretation
Regulatory Standards
Consultation Requirements
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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.