Eddystone Point Lighthouse Heritage Management Plan 2021

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

Legislation au F2021L01587 In force Legislative Instrument

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EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

Eddystone Point Lighthouse Heritage Management Plan 2021

 

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 Eddystone Point 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” for section 528 of the EPBC Act on the basis that AMSA holds a lease for the site from the Tasmanian Parks and Wildlife Service, and operates the lighthouse in exercise of statutory powers conferred on AMSA under Chapter 6, Part 5 of the Navigation Act 2012.

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

Purpose and overview

Built in 1889, Eddystone Point Lighthouse was constructed to improve vessel safety along the northern Tasmanian coastline following the trading boom of the late 19th century. The Lighthouse is significant for its contribution to the establishment of marine aids to navigation in Bass Strait, and for its inclusion within an intact late 19th century lightstation complex. The Lighthouse is also recognised for retaining its Chance Brothers & Co. lantern, optic and pedestal, and for its aesthetic characteristics.

The Lighthouse was included on the Commonwealth Heritage List in 2004 for its cultural significance. This listing recognises the cultural values of the place, which relate to processes, rarity, characteristics and aesthetics.

 

The Plan provides for the future management of the Eddystone Point 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 6 June 2020 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 26 June 2020. A number of submissions were received. AMSA also consulted with Tasmania Parks and Wildlife Service, the Aboriginal Land Council of Tasmania, 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, property management recommendations, 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 Sustainability, Environment, Water, Population and Communities was asked for advice on the Plan as proposed. On 26 October 2020, 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 Eddystone Point Heritage Management Plan 2020 have regulatory impacts of a minor or machinery nature and no regulation impact statement is required. The OBPR reference number is 42955.

 

Review

The Plan was made by AMSA on 25 October 2021.

 

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 Eddystone Point Lighthouse Heritage Management Plan (the Plan), provides such a framework for the Eddystone Point Lighthouse.

The Plan provides for the future management of the Eddystone Point 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 Eddystone Point Lighthouse Heritage Management Plan 2021 was enacted to address the need for a structured management plan for the Eddystone Point Lighthouse, a Commonwealth Heritage place, as required by section 341S of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The Australian Maritime Safety Authority (AMSA), which controls the site, developed the Plan to ensure the protection and management of the Lighthouse’s cultural values, which include its contribution to maritime navigation and its historical and aesthetic significance. The management plan was made following public consultation and feedback from various stakeholders, including the Tasmanian Parks and Wildlife Service and the Aboriginal Land Council of Tasmania. The Minister’s delegate confirmed the Plan’s compliance with the EPBC Act and the Commonwealth Heritage Management Principles. This legislative instrument has been assessed to have minor regulatory impacts, and no regulation impact statement is required.

Scope and Application

The Eddystone Point Lighthouse Heritage Management Plan 2021 applies to the Australian Maritime Safety Authority (AMSA), which controls the Eddystone Point Lighthouse under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The Plan is designed to ensure the protection and management of the heritage values of the Eddystone Point Lighthouse, which is recognised for its cultural significance and its role in marine navigation in Bass Strait. The Plan addresses the operational requirements, management policies, and implementation plans for the heritage site, aligning with the Commonwealth Heritage Management Principles. The geographic reach of this legislation is national, as it pertains to a Commonwealth Heritage place, and it does not specify exclusions, exemptions, or thresholds. The application of the Plan is further extended through subordinate instruments, such as the Environment Protection and Biodiversity Conservation Regulations 2000, which prescribe the management requirements and principles. The Plan was developed following consultation with various stakeholders, including public submissions, and was reviewed by the Minister's delegate, confirming its compliance with the EPBC Act and associated principles.

Key Provisions

The Eddystone Point Lighthouse Heritage Management Plan (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 management plan for the site. In this case, the Australian Maritime Safety Authority (AMSA), which operates the Eddystone Point Lighthouse, is the controlling agency. The Plan outlines how AMSA will manage the lighthouse to protect its cultural significance and heritage values, including its historical importance, architectural features, and aesthetic qualities. It also includes detailed descriptions of the lighthouse's history, physical elements, and current condition, along with operational requirements and policies for its management. The obligations imposed by the Plan on AMSA include the development and implementation of strategies to protect and conserve the lighthouse, ensuring its values are preserved for future generations. This involves setting up specific management policies and operational protocols to maintain the lighthouse's integrity and cultural significance. AMSA must also consult with relevant stakeholders, such as the Tasmanian Parks and Wildlife Service, the Aboriginal Land Council of Tasmania, and the Commonwealth Heritage Branch, to gather feedback and incorporate recommendations into the management practices. Additionally, the Plan requires AMSA to conduct regular reviews of the management practices to ensure they remain effective and aligned with the objectives of preserving the heritage values of the Eddystone Point Lighthouse. Failure to comply with the requirements and obligations set out in the Plan may result in legal consequences. Under the EPBC Act, breaches of the management plan could lead to civil or criminal penalties. Although the specific penalties are not detailed in the Plan, breaches of the EPBC Act can result in substantial fines and, in some cases, imprisonment. The severity of the penalties would depend on the nature and extent of the breach, with more serious violations potentially attracting higher fines and longer prison sentences. Additionally, non-compliance could also result in the revocation of permits or licenses related to the management of the lighthouse, further impacting AMSA’s operations at the site.

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Environmental Law
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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.