Gabo Island Lighthouse Heritage Management Plan 2023

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

Legislation au F2023L01286 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

Gabo Island Lighthouse Heritage Management Plan 2023

 

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 Gabo Island Lighthouse and adjacent land is currently owned by the State of Victoria. However, the Australian Maritime Safety Authority (AMSA) controls the site within the meaning of “control” at section 528 of the EPBC Act on the basis that AMSA holds a lease for the site from Parks Victoria, and operates the lighthouse in exercise of statutory powers conferred on the Authority at Chapter 6, Part 5 of the Navigation Act 2012 (Cth).

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

Purpose and overview

Built in 1862, Gabo Island Lighthouse is a historic site recognised by the Commonwealth and the State Government of Victoria. The lighthouse is recognised for its aesthetic prominence in the landscape, its technical stonemason craftsmanship, and its association with prominent designers of the mid-19th century. The Lighthouse was included on the Commonwealth Heritage List in 2004 for its cultural significance. This listing recognises the cultural values of the place.

The Plan provides for the future management of the Gabo Island Lighthouse by 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 operational 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 7 March 2022 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 1 April 2022. No submissions were received. AMSA consulted with Parks Victoria, and also initiated contact with the Nindi-Ngujarn Ngarigo Monero Aboriginal Corporation, and Bidwell-Maap Nations Aboriginal Corporation under direction from the Department of Premier & Cabinet VIC (Heritage Services, First Peoples - State Relations Group).

 

The feedback received (consisting of site management information) was adopted into the plan.

 

In accordance with paragraph 341S(6)(a) of the EPBC Act, the Minister for the Environment was asked for advice on the Plan as proposed. On 18 July 2023, 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 Impact Analysis (OIA) considers that the changes made by the Plan have regulatory impacts of a minor or machinery nature and no regulation impact statement is required. The OIA reference number is 42955.

 

Documents incorporated by reference

There are two publications mentioned in the Plan, being Burra Charter and also Working Together: Managing Commonwealth Heritage Places. These documents are guidance in nature and suggest methodologies, process and strategies for conservation management of sites, including fixtures and items of historical significance. As important reference tools, these documents provide context for AMSA’s decision making process for the management of Gabo Island Lighthouse as a Commonwealth heritage place.

The mention of each document is to the latest edition.

The Burra Charter is a publication that defines the basic principles and procedures that may be followed in the conservation of a cultural heritage place.

Working Together: Managing Commonwealth Heritage Places is another guide that is published for Commonwealth agencies like AMSA to better understand the management requirements for Commonwealth Heritage places subject to the Environment Protection and Biodiversity Conservation Act regime.

Both the Burra Charter and Working Together: Managing Commonwealth Heritage Places are accessible and free of charge.

The Burra Charter is available at https://australia.icomos.org.

Working Together: Managing Commonwealth Heritage Places is available at https://www.awe.gov.au/parks-heritage/heritage/publications.

Review

The Plan was made by AMSA on 5 September 2023.

 

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 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 plan provides such a framework for the Gabo Island Lighthouse.

The Plan provides for the future management of the Gabo Island Lighthouse by AMSA with the objective of identifying, protecting, conserving, presenting and transmitting its Commonwealth heritage values.

Human rights implications

This legislative instrument 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 Gabo Island Lighthouse Heritage Management Plan 2023 was enacted to address the need for a structured management framework for the Gabo Island Lighthouse, a site of significant cultural heritage, as required by section 341S of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This legislation mandates that the Commonwealth agency responsible for controlling a Commonwealth Heritage place must prepare a written management plan to protect and manage the site's values. In this instance, the Australian Maritime Safety Authority (AMSA), which controls the Gabo Island Lighthouse under a lease from Parks Victoria, is tasked with this responsibility. The Plan outlines the historical, cultural, and physical aspects of the lighthouse, alongside operational requirements and policies to ensure the preservation of its heritage values. It adheres to the Commonwealth Heritage Management Principles and was developed following public consultation, though no submissions were received. The Minister for the Environment's delegate confirmed the Plan's compliance with the EPBC Act and related heritage management principles. The document incorporates guidance from the Burra Charter and "Working Together: Managing Commonwealth Heritage Places" to inform its conservation strategies.

Scope and Application

The Gabo Island Lighthouse Heritage Management Plan 2023 applies to the Gabo Island Lighthouse and the adjacent land, which is currently owned by the State of Victoria but controlled by the Australian Maritime Safety Authority (AMSA). This management plan is made pursuant to section 341S of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which requires that the Commonwealth agency controlling a Commonwealth Heritage place must create a written management plan to protect and manage the values of that place. The plan is designed to ensure that the cultural significance of the Gabo Island Lighthouse, which was built in 1862 and recognised for its aesthetic and historical importance, is preserved and transmitted to future generations. The management plan applies nationally, but its primary focus is on the operational and heritage management of the Gabo Island Lighthouse site. The Plan is consistent with the Commonwealth Heritage Management Principles and sets out operational requirements and policies for AMSA to manage and protect the heritage values of the Lighthouse. The Plan incorporates guidance from the Burra Charter and Working Together: Managing Commonwealth Heritage Places, which provide methodologies and strategies for the conservation management of heritage sites. The Plan was subject to consultation with relevant parties, including Parks Victoria, Nindi-Ngujarn Ngarigo Monero Aboriginal Corporation, and Bidwell-Maap Nations Aboriginal Corporation, and was reviewed by the Minister's delegate who confirmed its compliance with the EPBC Act and the Commonwealth Heritage Management Principles.

Key Provisions

The Gabo Island Lighthouse Heritage Management Plan (the Plan) is a document created under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), specifically mandated by section 341S. This section requires the Commonwealth Agency that owns or controls a Commonwealth Heritage place to develop a written management plan to protect and manage the values of that place. In this case, the Australian Maritime Safety Authority (AMSA) controls the Gabo Island Lighthouse, and thus is responsible for the Plan’s creation. The Plan provides a framework for the future management of the Gabo Island Lighthouse by AMSA, aiming to identify, protect, conserve, present, and transmit its Commonwealth heritage values. The Plan outlines a comprehensive approach to managing the Lighthouse, detailing its history, cultural significance, physical elements, and current condition. It includes operational requirements for managing the Lighthouse and sets out heritage management policies to guide the protection of its values. The Plan also addresses all matters prescribed by Schedule 7A of the Environment Protection and Biodiversity Conservation Regulations 2000 and aligns with the Commonwealth Heritage Management Principles in Schedule 7B. Additionally, it incorporates references to the Burra Charter and Working Together: Managing Commonwealth Heritage Places, which serve as guidance for conservation management of cultural heritage sites. The obligations imposed by the Plan on AMSA include developing and implementing operational requirements and heritage management policies, ensuring they are consistent with the Commonwealth Heritage Management Principles. AMSA must also undertake public consultation, as mandated by the EPBC Act, and consult with relevant stakeholders such as Parks Victoria and Aboriginal corporations. AMSA is required to review the Plan within five years of its creation, as stipulated by section 341X of the EPBC Act. Furthermore, the Plan must comply with the Human Rights (Parliamentary Scrutiny) Act 2011, which necessitates a Statement of Compatibility with Human Rights, asserting that the Plan does not engage any of the applicable rights or freedoms. The consequences for non-compliance with the requirements of the Plan are not explicitly stated in the text. However, generally, breaches of the EPBC Act can lead to civil and criminal penalties, including fines and imprisonment, depending on the nature and severity of the breach. The maximum penalties for offences under the EPBC Act can be substantial, reflecting the importance of the legislation in protecting environmental and heritage values. Additionally, failure to adhere to the Commonwealth Heritage Management Principles could result in the revocation of heritage listing and further regulatory action.

Legal classification tags

Area of Law
Environmental Law
Heritage Law
Instrument
Management Plan
Concepts
Definitions & Interpretation
Compliance Obligations
Consultation Requirements

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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.