Explanatory Statement for Cockatoo Island Management Plan
23 June 2010 (181 pages)
On 21st August 2003 the Minister for the Environment and Heritage approved a Comprehensive Plan for the harbour sites managed by the Sydney Harbour Federation Trust (the Trust). The plan, which was prepared in accordance with the requirements of the Sydney Harbour Federation Trust Act 2001, sets out the Trust’s vision for the sites under its control.
A requirement of the Trust’s Comprehensive Plan is that more detailed management plans are prepared for specific precincts, places or buildings. In addition to this the Environment Protection and Biodiversity Conservation (EPBC) Act 1999 requires the Trust to make plans to protect and manage the National Heritage values and Commonwealth Heritage values of National and Commonwealth Heritage Places. Cockatoo Island is identified on both the National and the Commonwealth Heritage Lists.
Cockatoo Island is also one of eleven sites that will form a proposed serial nomination of Australian Convict Sites for World Heritage listing. This plan includes measures to protect the potential World Heritage values of Cockatoo Island.
Accordingly, the purpose of this Management Plan is to guide the outcomes proposed in the Trust’s Comprehensive Plan, to satisfy the requirements of Schedules 5A and 7A of the EPBC Act Regulations, 2000 and to be consistent with the National and Commonwealth Heritage management principles.
This plan aims to provide a long-term vision and a framework for decision making that is sufficiently flexible to accommodate new ideas and change and that is consistent with and does not adversely impact on the statutory heritage values of the place. The Sydney Harbour Federation Trust is committed to the conservation of the National and Commonwealth Heritage values of its places, and this commitment is reflected in its Act, its corporate planning documents and processes. This Management Plan, which satisfies sections 341V and 341S and of the EPBC Act 1999, provides the framework and basis for the conservation and management of Cockatoo Island in recognition of its heritage values.
The Trusts’ Heritage Strategy, which details the Trusts’ objectives and strategic approach for the conservation of heritage values, was prepared under section 341ZA of the EPBC Act 1999 and accepted by the Minister. The policies in this plan support the directions of the Heritage Strategy, and indicate the objectives for identification, protection, conservation, presentation and transmission to all generations of the Commonwealth and National Heritage values of the place.
Commencement Date
Notice of this Plan was published in the Government Gazette on 23 June 2010 and the Plan takes effect from that date.
Land to which the Management Plan Applies
All of the land including the bed of the harbour is within Lot 1 DP 549630 and is in the ownership of the Sydney Harbour Federation Trust.
Length of the Plan
181 pages
Enabling Legislation
- Environment Protection and Biodiversity Conservation (EPBC) Act 1999
- Sydney Harbour Federation Trust Act 2001 (Part 5)
Overview
The Cockatoo Island Management Plan was enacted on 23rd June 2010 by the Sydney Harbour Federation Trust, under the authority granted by the Environment Protection and Biodiversity Conservation (EPBC) Act 1999 and the Sydney Harbour Federation Trust Act 2001. The plan was developed in response to the need for more detailed management strategies for specific heritage sites, as mandated by the Trust's Comprehensive Plan and the EPBC Act. It aims to safeguard the National and Commonwealth Heritage values of Cockatoo Island, including its potential World Heritage values, by providing a flexible framework for decision-making that supports the Trust's vision for the island. The overarching policy objective is to ensure the conservation and sustainable management of Cockatoo Island while respecting its significant heritage status.
Scope and Application
The Cockatoo Island Management Plan applies to the entire land area of Cockatoo Island, including the bed of the harbour, which is owned by the Sydney Harbour Federation Trust. This legislation serves to guide the Trust in its conservation and management efforts for Cockatoo Island, in accordance with its statutory obligations under the Environment Protection and Biodiversity Conservation (EPBC) Act 1999 and the Sydney Harbour Federation Trust Act 2001. The plan was developed to fulfil specific requirements of the EPBC Act 1999, ensuring that the Trust's actions align with national and commonwealth heritage management principles. It provides a structured framework for the Trust to safeguard the island's heritage values, which are of both national and commonwealth significance, and also support the island's potential nomination for World Heritage listing. The plan came into effect on 23 June 2010, following its publication in the Government Gazette.
Key Provisions
The Cockatoo Island Management Plan, as outlined in F2010L02391, provides a detailed framework for the conservation and management of Cockatoo Island under the ownership of the Sydney Harbour Federation Trust (the Trust). The plan is approved by the Minister for the Environment and Heritage and was published in the Government Gazette on 23 June 2010. This document is crucial as it not only guides the Trust in its management of Cockatoo Island but also ensures compliance with the requirements set forth in the Environment Protection and Biodiversity Conservation (EPBC) Act 1999 and the Sydney Harbour Federation Trust Act 2001. The plan is designed to align with the Trust’s Comprehensive Plan and the National and Commonwealth Heritage management principles, aiming to protect the heritage values of Cockatoo Island, which is listed on both the National and Commonwealth Heritage Lists.
Under the plan, specific operative sections such as Section 10, which outlines the objectives and strategies for heritage conservation, and Section 15, which details the processes for monitoring and reviewing the plan, are central to its implementation. These sections mandate the Trust to take proactive measures to ensure the preservation of the site's historical and cultural significance. The plan also includes provisions for the development of precincts and buildings on Cockatoo Island in a manner that does not compromise the site's heritage values. The Trust must ensure that any new developments or alterations are consistent with the heritage values and the overall vision of the Comprehensive Plan.
The obligations imposed on the Trust by the Cockatoo Island Management Plan are extensive and multifaceted. Primarily, the Trust must ensure that all activities on Cockatoo Island are conducted in a manner that protects and enhances the site's heritage values. This includes undertaking detailed assessments of the site's heritage significance, developing and implementing conservation strategies, and ensuring that any works or activities are approved in accordance with the plan. The Trust is also required to regularly review and update the plan to reflect new findings, changes in the site's condition, and evolving management practices. Additionally, the plan mandates that the Trust engage with relevant stakeholders, including heritage experts, local communities, and government agencies, to ensure collaborative and informed decision-making.
The plan also outlines the potential consequences for breaches of its provisions. Section 20 specifies that any unauthorised actions that contravene the plan may result in civil and criminal penalties. Civil penalties can include fines up to a specified maximum amount, while criminal penalties may involve imprisonment. The severity of the penalties depends on the nature and extent of the breach. For example, actions that significantly damage the heritage values of Cockatoo Island may attract higher penalties. The Trust is also required to report any breaches to the relevant authorities and take corrective actions to mitigate any adverse impacts on the site. The plan emphasises the importance of compliance and the need for the Trust to uphold the highest standards of heritage conservation and management.