Environment Protection and Biodiversity Conservation Act 1999 – Section 324S – Instrument making Management Plan (Cockatoo Island) (16/03/2011)

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Legislation au F2011L01714 Not in force Legislative Instrument

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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)

 

 

 

 

 

Overview

The Cockatoo Island Management Plan (CIMP) is an instrument made under Section 324S of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) with the aim of addressing the management needs of Cockatoo Island, a site of both national and commonwealth heritage significance. The instrument was signed by Theo Hooy, a delegate of the Minister for Sustainability, Environment, Water, Population and Communities, on 16 March 2011, to rectify a prior oversight in the adoption of the plan by the Minister. The CIMP serves not only as a management plan for a National Heritage place in a Commonwealth area under the EPBC Act but also as a more detailed management plan under the Sydney Harbour Federation Trust’s Comprehensive Plan. This management plan aims to provide a long-term vision and framework for decision-making, ensuring that the conservation and management of Cockatoo Island align with its statutory heritage values. The enactment of this plan ensures compliance with the requirements of the EPBC Act and the Sydney Harbour Federation Trust Act 2001, reinforcing the commitment to the conservation and sustainable management of heritage places.

Scope and Application

The Cockatoo Island Management Plan (CIMP) applies to the management and conservation of Cockatoo Island, a site of both National and Commonwealth Heritage significance, under the purview of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This management plan was formulated to serve as a comprehensive guide for the Sydney Harbour Federation Trust (SHFT) in managing Cockatoo Island, ensuring alignment with the Trust’s Comprehensive Plan and the statutory requirements outlined in the EPBC Act. The plan was designed to protect and preserve the heritage values of the island, including those identified under Schedules 5A and 7A of the EPBC Act Regulations 2000. Notably, the CIMP was intended to bind the Commonwealth and Commonwealth authorities only, ensuring that no other persons or entities are disadvantaged by its implementation. The plan was registered as a legislative instrument (F2010L02391) on 2 September 2010 and came into effect on 23 June 2010, prior to its registration, without affecting any non-Commonwealth parties. The enactment of this management plan aims to provide a flexible yet robust framework for decision-making, consistent with the statutory obligations to conserve and manage Cockatoo Island's heritage values.

Key Provisions

The Cockatoo Island Management Plan (CIMP) under Section 324S of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves as a comprehensive framework for managing the heritage values of Cockatoo Island, which is recognised as a National and Commonwealth Heritage place. This plan was designed to align with the requirements of Schedules 5A and 7A of the EPBC Act Regulations, 2000, and it was developed to guide the outcomes proposed in the Sydney Harbour Federation Trust's Comprehensive Plan. The CIMP was intended to be adopted by the Minister for Sustainability, Environment, Water, Population and Communities as a management plan for a National Heritage place in a Commonwealth area, a requirement that was subsequently rectified on 16 March 2011 by a delegate of the Minister. The CIMP imposes several obligations on the Sydney Harbour Federation Trust, including the conservation, protection, and management of Cockatoo Island's heritage values, as well as the provision of a long-term vision and a flexible framework for decision-making. This management plan must be consistent with the National and Commonwealth Heritage management principles and should not adversely impact the statutory heritage values of the place. The Trust must also ensure that the plan is implemented in accordance with the EPBC Act and other relevant legislation, such as the Sydney Harbour Federation Trust Act 2001. Public consultation was a crucial component of the plan's development, as mandated by the EPBC Act and the Trust's Comprehensive Plan, which required the draft plan to be placed on public exhibition between 8 September and 3 October 2008. Failure to comply with the provisions of the Cockatoo Island Management Plan could result in legal consequences. Under the EPBC Act, non-compliance with a management plan for a Commonwealth Heritage place may lead to civil or criminal penalties, depending on the severity of the breach. The specific penalties are not detailed in the explanatory statement, but they could include fines and other sanctions as prescribed by the Act. The Trust's obligations under the CIMP are critical to ensuring the preservation of Cockatoo Island's heritage values for future generations, and adherence to the plan is essential to avoid potential legal repercussions.

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