Explanatory Statement for Environment Protection and
Biodiversity Conservation Act 1999 – Section 324S –
Instrument making Management Plan (Cockatoo Island)
The instrument that is the subject of this Explanatory Statement relates to the Cockatoo Island Management Plan that was registered as a legislative instrument (F2010L02391) on 2 September 2010.
The Cockatoo Island Management Plan (CIMP) was prepared for three purposes: (i) as a management plan for a National Heritage place in a Commonwealth area under section 324S of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act); (ii) as a management plan for a Commonwealth Heritage place under section 341S of the EPBC Act; and (iii) as a more detailed management plan made under the Sydney Harbour Federation Trust’s (SHFT) Comprehensive Plan. Background information about the CIMP is at Attachment 1.
Subsequent to the preparation and registration of the CIMP by the SHFT, it came to light that the CIMP had not been adopted by the Minister for Sustainability, Environment, Water, Population and Communities as a management plan for a National heritage place in a Commonwealth area under section 324S of the EPBC Act. To rectify this, Theo Hooy, as a delegate of the Minister of Sustainability, Environment, Water, Population and Communities, signed an instrument on 16 March 2011 making the Cockatoo Island Management Plan under Section 324S of the Environment Protection and Biodiversity Conservation Act 1999. This statement was not included when the Cockatoo Island Management Plan was registered as a Legislative Instrument (F2010L02391) and is provided now as a separate instrument, under advice from the Office of Legislative Drafting and Publishing, Attorney-General’s Department.
It is noted that the CIMP was expressed to come into effect on the date of its gazettal on 23 June 2010, prior to its registration on the FRLI. Under the EPBC Act, a management plan for a Commonwealth Heritage place only binds the Commonwealth and Commonwealth authorities and therefore no person other than the Commonwealth has been disadvantaged by the commencement of the CIMP prior to registration.
Length of Instrument: 1 page
Enabling Legislation: Environment Protection and Biodiversity Conservation Act 1999
Geoff Bailey
Executive Director
Sydney Harbour Federation Trust 1 July 2011
Attachment 1
Background - Cockatoo Island Management Plan (F2010L02391)
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.
Following the gazettal of the CIMP, Cockatoo Island was inscribed on the World Heritage List as one of eleven Convict sites around Australia. In anticipation of this listing, the CIMP 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.
Public Consultation
The Draft Cockatoo Island Management Plan was placed on public exhibition as required under the EPBC Act, and the Trust Comprehensive Plan.
This exhibition took place between 8 September and 3 October 2008. Advertisements were placed in the Australian newspaper and various local papers distributed to the suburbs immediately surrounding the Island. The draft Plan was made available for public viewing at five separate locations and online via the Harbour Trust website. Letters advising of the exhibition were also sent to various stakeholders with an interest in the Island including Commonwealth and State agencies and the local government representatives.
At the conclusion of the exhibition period the Trust received one submission from Sydney Ferries. In summary, Sydney Ferries raised no objections or issues in relation to the draft Plan. No changes were made to the Plan as a result of the exhibition.
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)