Goods Island Lighthouse Heritage Management Plan 2023

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

Legislation au F2024L00074 In force Legislative Instrument

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EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

Goods 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 Goods Island Lighthouse and adjacent land is currently owned by the State of Queensland. 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 the Department of Resources (QLD), 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 Goods Island Lighthouse Heritage Management Plan (the Plan), provides for the protection and management of the values of the Goods Island Lighthouse.

Purpose and overview

Built in 1886-1887, Goods Island Lighthouse was constructed to assist vessels traversing the Torres Strait. The lighthouse is notable for its heritage significance and was placed on the Commonwealth Heritage List in 2004 for its association with the maritime history of the Torres Strait. It is also notable for its rarity as being the only known lighthouse to have been constructed entirely by the Queensland State Government, and its retention of the principal characteristics of a late 19th century lighthouse. 

The Plan provides for the future management of the Goods 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 4 May 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 June 2022. Submissions received were reviewed by MASA’s Heritage Team and feedback was implemented into the draft plan.

 

In preparation of the plan, AMSA consulted with Kaurareg Elders, and sought consultation with the QLD Department of Resources.

 

The feedback received consisted of information on the history of the site and its past and present associations. This 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 20 November 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 Goods 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 18 December 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 Goods Island Lighthouse.

The Plan provides for the future management of the Goods 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 Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for a comprehensive framework to protect and manage the nation's environment, including its biodiversity and heritage sites. The Act was introduced to provide a unified approach to environmental protection, incorporating both national and international obligations, and ensuring that environmental considerations are integrated into decision-making processes. The Goods Island Lighthouse Heritage Management Plan 2023, formulated under Section 341S of the EPBC Act, aims to safeguard the heritage values of the Goods Island Lighthouse, which holds significant historical and cultural importance for Australia's maritime history. The plan was developed by the Australian Maritime Safety Authority (AMSA), which controls the site, and was subject to public consultation and review by the Minister for the Environment, ensuring its alignment with the EPBC Act and the Commonwealth Heritage Management Principles. The management plan is designed to identify, protect, conserve, present, and transmit the heritage values of the lighthouse, reflecting the policy objective of preserving Australia's cultural heritage for future generations.

Scope and Application

The Goods Island Lighthouse Heritage Management Plan 2023 applies to the Australian Maritime Safety Authority (AMSA), which controls the Goods Island Lighthouse under a lease from the Department of Resources (Queensland) and operates the site under statutory powers conferred by the Navigation Act 2012. The plan is made in accordance with section 341S of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which requires the agency in control of a Commonwealth Heritage place to prepare a written management plan for its protection and management. The plan is designed to identify, protect, conserve, present and transmit the heritage values of the Goods Island Lighthouse, which was constructed in 1886-1887 and holds significant maritime history and cultural significance. The plan includes detailed descriptions of the lighthouse's history, physical elements, and operational requirements, and it is consistent with the Commonwealth Heritage Management Principles set out in the Environment Protection and Biodiversity Conservation Regulations 2000. The plan was subject to a public consultation process and has been reviewed and approved by the Minister for the Environment, ensuring compliance with the EPBC Act and the Commonwealth Heritage Management Principles. The plan is applicable to the Commonwealth and does not extend to state or territory jurisdictions.

Key Provisions

The Goods Island Lighthouse Heritage Management Plan 2023 (the Plan) is an important legislative instrument under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 341S of the EPBC Act mandates that a written management plan be made for Commonwealth Heritage places to ensure their protection and management. The Plan, prepared by the Australian Maritime Safety Authority (AMSA), provides a framework for the management of the Goods Island Lighthouse, which is located on land currently owned by the State of Queensland but controlled by AMSA (section 528 of the EPBC Act). The Plan sets out the operational requirements for managing the lighthouse, policies for heritage management, and plans for AMSA to implement these requirements and policies. It 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 of those regulations. The Plan imposes several obligations on AMSA, including the duty to consult with relevant stakeholders such as Kaurareg Elders and the Queensland Department of Resources during its preparation. AMSA was required to seek public feedback on the draft Plan, which was published in The Australian newspaper and on AMSA’s public website from 4 May to 1 June 2022. Submissions received during this consultation period were reviewed, and feedback was incorporated into the final Plan. Additionally, the Minister for the Environment was asked for advice on the Plan as proposed, and the Minister's delegate confirmed its compliance with the EPBC Act and the Commonwealth Heritage Management Principles on 20 November 2023. Failure to comply with the provisions of the Plan may result in legal consequences. Although the Plan itself does not specify particular offences or penalties for non-compliance, breaches of the EPBC Act or the Environment Protection and Biodiversity Conservation Regulations 2000 could lead to civil or criminal penalties. Under the EPBC Act, penalties for non-compliance can include substantial fines, up to a maximum of $1.1 million for corporations and $110,000 for individuals, depending on the nature and severity of the breach. Furthermore, non-compliance with the regulations could lead to additional penalties as specified in the relevant sections of the Act. The Office of Impact Analysis has determined that the changes made by the Plan have regulatory impacts of a minor or machinery nature and no regulation impact statement is required.

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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.