Cape Wickham Lighthouse Heritage Management Plan 2022

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

Legislation au F2022L00967 In force Legislative Instrument

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EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

Cape Wickham Lighthouse Heritage Management Plan 2022

 

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 Wickham Lighthouse and adjacent land is currently owned by the State of Tasmania. 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 the Minister Administering the National Parks and Wildlife Act 1970, 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 Wickham Lighthouse Heritage Management Plan (the Plan), provides for the protection and management of the values of the Cape Wickham Lighthouse.

Purpose and overview

Built in 1861, Cape Wickham Lighthouse is a historic site recognised by both the Commonwealth and Tasmanian State Government for its heritage significance. The lighthouse was placed on the Commonwealth Heritage List in 2004 for its contribution to the network of lighthouses established in Bass Strait in the 19th century. It is renowned as the tallest Australian lighthouse, for its aesthetic appeal in the rural landscape, and for the retention of its original Wilkins & Co lantern house and timber staircase.

The Lighthouse was included on the Commonwealth Heritage List in 2004 for its cultural significance. This listing recognises the cultural values of the place.

 

The Plan provides for the future management of the Cape Wickham Lighthouse by the 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 operation 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 22 December 2021 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 20 January 2022. No submissions were received. AMSA also consulted with Tasmania Parks and Wildlife Service, the Aboriginal Land Council of Tasmania, the Office of Aboriginal Affairs (Tas), Aboriginal Heritage Tasmania (Department of Primary Industries, Parks, Water and Environment, Tas), and the Commonwealth Heritage Branch within the Department of Agriculture, Water and the Environment on a draft of the Plan.

 

The feedback received (consisting of historical information about the lighthouse and site generally, details of current cultural associations, and recommendations from the Heritage Branch on best practice heritage management policies) 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 14 April 2022, 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 Best Practice Regulation (OBPR) considers that the changes made by the Cape Wickham Lighthouse Heritage Management Plan 2022 have regulatory impacts of a minor or machinery nature and no regulation impact statement is required. The OBPR reference number is 42955.

 

Documents incorporated by reference

There are no documents incorporated by reference into the Plan being documents that extend its scope or meaning. However, certain documents are mentioned in the Plan that are guidance in nature and provide context for AMSA’s decision making process for the management of Cape Wickham Lighthouse.

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 Act regime.

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

The Burra Charter is available at https://australia.icomos.org/wp-content/uploads/The-Burra-Charter-2013-Adopted-31.10.2013.pdf

Working Together: Managing Commonwealth Heritage Places is available at https://www.awe.gov.au/parks-heritage/heritage/publications/working-together-managing-commonwealth-heritage-places#:~:text=The%202019%20Working%20Together%3A%20Managing,EPBC%20Act)%20and%20its%20regulations.

Review

The Plan was made by AMSA on 20 May 2022.

 

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 Environment Protection and Biodiversity Conservation Act 1999 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. This management plan, the Cape Wickham Lighthouse Heritage Management Plan (the Plan), provides such a framework for the Cape Wickham Lighthouse.

The Plan provides for the future management of the Cape Wickham Lighthouse by the Australian Maritime Safety Authority, with the objective of identifying, protecting, conserving, presenting and transmitting its Commonwealth heritage values.

Human rights implications

This legislative 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 Cape Wickham Lighthouse Heritage Management Plan 2022 is a legislative instrument introduced under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This Act was enacted to address environmental protection and biodiversity conservation issues in Australia, with the Cape Wickham Lighthouse Heritage Management Plan specifically created to manage the heritage values of the Cape Wickham Lighthouse, a site of significant historical and cultural importance. The plan was developed by the Australian Maritime Safety Authority (AMSA), which controls the site, in compliance with the EPBC Act’s requirements for Commonwealth Heritage places. The primary objective of the Plan is to outline the operational requirements, heritage management policies, and implementation plans necessary for the protection, conservation, and presentation of the lighthouse's heritage values. The development of this Plan involved public consultation and feedback integration, ensuring that the management strategies are well-informed and aligned with heritage management best practices.

Scope and Application

The Cape Wickham Lighthouse Heritage Management Plan 2022, prepared under section 341S of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), outlines the framework for the management of the Cape Wickham Lighthouse, a Commonwealth Heritage place. The Plan applies to the Australian Maritime Safety Authority (AMSA), which controls the site under the EPBC Act, and it is intended to ensure the protection and management of the lighthouse's heritage values. The Plan is applicable nationally, as it concerns a Commonwealth Heritage place, but its specific application is focused on the site at Cape Wickham, Tasmania. The geographic scope is limited to this particular heritage site, and there are no stated exclusions or exemptions in the Plan itself, although compliance with the EPBC Act and its regulations is mandatory. The Plan is consistent with the Commonwealth Heritage Management Principles set out in the Environment Protection and Biodiversity Conservation Regulations 2000. The regulatory impact of the Plan is considered minor, and no regulation impact statement was required. The Plan incorporates guidance documents such as the Burra Charter and "Working Together: Managing Commonwealth Heritage Places" to provide context for AMSA’s decision-making process. A review of the Plan is mandated within five years of its implementation in accordance with section 341X of the EPBC Act. The Plan does not engage any applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011 and is deemed compatible with human rights.

Key Provisions

The Cape Wickham Lighthouse Heritage Management Plan 2022 (the Plan) is a critical document under section 341S of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This section mandates that any Commonwealth Agency controlling a Commonwealth Heritage place must create a written management plan to safeguard and manage the site's values. The Cape Wickham Lighthouse, owned by the State of Tasmania but controlled by the Australian Maritime Safety Authority (AMSA), falls under this requirement. The Plan outlines the strategies for protecting and managing the lighthouse's cultural significance, which includes its historical importance, aesthetic appeal, and architectural features. The Plan imposes specific obligations on AMSA to ensure the Cape Wickham Lighthouse's heritage values are preserved. This includes conducting detailed assessments of the lighthouse's history and condition, establishing operational requirements for its management, and implementing heritage management policies that adhere to the Commonwealth Heritage Management Principles. AMSA is also tasked with consulting relevant parties, such as the Tasmania Parks and Wildlife Service and the Aboriginal Land Council of Tasmania, to incorporate their feedback and recommendations into the Plan. This collaborative approach ensures that the management strategies are comprehensive and culturally sensitive. Non-compliance with the Plan could result in legal consequences under the EPBC Act. While the explanatory statement does not explicitly detail penalties for breaches, the Act generally provides for substantial fines and potential criminal charges for violations related to the management of Commonwealth Heritage places. These penalties are intended to enforce the protection of significant heritage sites and deter any actions that could compromise their integrity. The Cape Wickham Lighthouse Heritage Management Plan 2022 is designed to be consistent with the Commonwealth Heritage Management Principles and other relevant guidelines, such as the Burra Charter and "Working Together: Managing Commonwealth Heritage Places." These documents provide AMSA with the necessary framework to ensure that the management practices align with best practices in heritage conservation. The Plan also underwent a review process, including consultation with various stakeholders, and was approved by the Minister for the Environment, ensuring its compliance with legislative requirements. In summary, the Cape Wickham Lighthouse Heritage Management Plan 2022 serves as a comprehensive framework for the preservation and management of a significant Commonwealth Heritage site. It outlines the specific responsibilities of AMSA, the obligations to consult with relevant stakeholders, and the importance of adhering to established heritage management principles. Failure to comply with the Plan could lead to legal repercussions under the EPBC Act, reinforcing the importance of its provisions.

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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.