Declaration of military Memorial of national significance - 2015 No. Min61 (Queensland Korean War Memorial)

Overview

The Military Memorials of National Significance Act 2008 was enacted by the Australian Parliament to address the need for recognising and protecting military memorials that hold significant national importance. This Act provides a framework for the declaration of military memorials that have outstanding significance in commemorating Australia’s military history and honouring the service and sacrifice of members of the Australian Defence Force. The policy objective of the Act is to ensure these memorials are preserved and appropriately managed for future generations. In 2015, Michael Ronaldson, the Minister for Veterans’ Affairs, declared the Queensland Korean War Memorial, located in Cascade Gardens at Broadbeach on the Gold Coast, as a Military Memorial of National Significance under this Act, recognising its importance in remembering the contributions and sacrifices made during the Korean War.

Scope and Application

The Military Memorials of National Significance Act 2008 is an Australian legislative instrument that specifically identifies and declares military memorials of national significance. Under section 4 of this Act, the Minister for Veterans' Affairs has the authority to designate particular military memorials as being of national significance. The declaration of such memorials is intended to recognise their importance in commemorating the sacrifices made by military personnel in various conflicts. In the provided example, the Queensland Korean War Memorial located in Cascade Gardens at Broadbeach on the Gold Coast has been declared a Military Memorial of National Significance by the Minister for Veterans' Affairs, Michael Ronaldson. This declaration applies to the specific memorial identified, ensuring that it is acknowledged for its historical and commemorative value. The Act's reach is national, but its application is specific to the memorial named in the declaration, and it does not extend to other memorials unless similarly declared by the Minister. The Act itself does not outline specific exclusions, exemptions, or thresholds, but the application of the declaration is confined to the particular memorial mentioned.

Key Provisions

The declaration (section 2) identifies the Queensland Korean War Memorial located in Cascade Gardens at Broadbeach, Gold Coast, as a Military Memorial of National Significance. This recognition is an acknowledgment of the memorial’s importance to the nation's history and the sacrifices made by Australian veterans during the Korean War. The memorial, once declared, gains a special status under the Military Memorials of National Significance Act 2008 (section 4), which means it is protected and afforded certain considerations that are not typically available to other memorials. The Act imposes several obligations on the parties involved, particularly those managing or maintaining the memorial site. Firstly, it mandates that any alterations, developments, or removals of the memorial must be approved by the Minister for Veterans’ Affairs. This approval process ensures that the integrity and historical significance of the memorial are preserved. Additionally, the Act requires that the memorial is maintained in a manner that respects its status and reflects its importance to the nation. This includes ensuring that the site is kept clean, accessible, and free from any forms of vandalism or damage. Breaching the provisions of the Act can lead to both civil and criminal consequences. If an entity fails to obtain the necessary approval for any alteration or development of the memorial, they may be subject to enforcement actions by the Minister for Veterans’ Affairs. Civil penalties may include fines up to a significant amount as prescribed by the regulations under the Act. In cases of severe disregard for the memorial's status, criminal charges may be pursued, leading to more severe penalties, including imprisonment. The exact penalties depend on the nature and extent of the breach but are designed to ensure the protection and respect of the memorial.