Environment Protection and Biodiversity Conservation Act 1999
INCLUSION IN THE COMMONWEALTH HERITAGE LIST OF CASCADE RESERVE
I, Sussan Ley, the Minister for the Environment, having considered in relation to the place and the Commonwealth Heritage values described in the Schedule of this instrument:
(a) The Australian Heritage Council’s assessment whether the place meets any of the Commonwealth Heritage Criteria; and
(b) The comments given to the Council under sections 341JF and 341JG of the Environment Protection and Biodiversity Conservation Act 1999
Being satisfied that the place in the Schedule has the Commonwealth Heritage values described in the Schedule, pursuant to section 341JI of the Environment Protection and Biodiversity Conservation Act 1999, include the place and the specified Commonwealth Heritage values in the Commonwealth Heritage list.
Dated
1st February 2022
Sussan Ley
Sussan Ley Minister for the Environment
SCHEDULE
NORFOLK ISLAND
NAME: Cascade Reserve
BOUNDARY:
Approximately 23ha, along the northern coastline of Norfolk Island, approximately 4.5km North, Northeast of Kingston Jetty, Norfolk Island, being the area comprising the whole of Land Parcel Lots 28, 29 and 30 of Section 10, Norfolk Island.
| Criterion | Values |
(a) | the place has significant heritage value because of the place's importance in the course, or pattern, of Australia's natural or cultural history. | Cascade Reserve is a 23ha reserve located on the northern coastline of Norfolk Island, a small sub-tropical island in the South Pacific Ocean 1,600 km north-east of Sydney, Australia and 1,100 km north-west of Auckland, New Zealand. The Cascade Reserve is significant because of its association with the commencement of European settlement on Norfolk Island in 1788. A rocky outcrop at Cascade Bay was used as a landing place for the first European settlers to Norfolk Island and the Reserve contains archaeological evidence of Phillipsburgh, the smallest of three villages of the First Settlement (1788 – 1814) which was laid out in 1790. The town and Reserve were associated with flax making and agriculture which were considered two of the strategic reasons for the settlement of Norfolk Island in 1788. The Reserve is significant because of its importance as a landing site (one of only two on the island) and its continual use since 1788 as an important point of contact between Norfolk Island and the rest of the world. From 1788 to 1900, it was an important watering place for passing ships. Cascade Creek is one of the island’s few permanent water courses. Captain Cook also named the nearby waterfalls, at Cockpit, the Cascades in 1774. The area supported whaling, a major economic activity for the island in the late nineteenth and early twentieth centuries. The features which express these significant heritage values within the place include, but are not limited to, the remnant archaeological material associated with Phillipsburgh, flax making, whaling and agriculture, the first settlement grave sites, Cascade Creek and the Reserve as a whole representing part of the landing and settlement area. |
(c) | The place has significant heritage value because of the place’s potential to yield information that will contribute to an understanding of Australia’s natural or cultural history. | Several areas within the Reserve have significant archaeological research potential for their ability to contribute to important research questions concerning the convict periods of Norfolk Island’s settlement. Areas of high archaeological potential are particularly found in areas adjacent to Harpers Road, areas along and adjacent to Cascade Creek, areas around the Jetty and along the tops of some ridges and hills above Cascade Road. The features which express these significant heritage values within the place include, but are not limited to, the archaeological features of the first and second settlement period, the whaling station site, and the whole Reserve representing part of the landing and settlement area. |
(g) | The place has significant heritage value because of the place’s strong or special association with a particular community or cultural group for social, cultural or spiritual reasons | The Reserve is of social value to the Norfolk Island community due to its strong associations with travel and transport to the Island over the period of its European settlement. It is also significant for its long history and continued use as a place of recreation, where Norfolk Islanders and visitors have enjoyed fishing, picnics and the enjoyment of nature.
The features which express these significant heritage values within the place include, but are not limited to, the whaling station site, seaward lookouts, Cascade Creek and the Reserve as a whole representing part of the historic landing place. Views and vistas outside the Reserve do not form part of the values. |
Overview
The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Australian Parliament, aims to protect and manage matters of national environmental significance, including sites of heritage value. Cascade Reserve on Norfolk Island has been included in the Commonwealth Heritage List through a legislative instrument, C2022G00212 (Gazette), dated 1st February 2022, signed by Sussan Ley, the Minister for the Environment. This inclusion recognises the Reserve's significant heritage value, its historical importance as a landing site for the first European settlers in 1788, and its role in activities such as flax making, agriculture, and whaling, which were integral to the island's early settlement. The Reserve's archaeological sites and natural features contribute to understanding Australia's cultural history and hold social value for the Norfolk Island community. The policy objective behind this inclusion is to preserve and protect the heritage values of Cascade Reserve for future generations, ensuring its historical and cultural significance is maintained and appreciated.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to the inclusion of Cascade Reserve on the Commonwealth Heritage List. This legislation pertains to the protection and conservation of heritage places of national and Commonwealth significance. Cascade Reserve, located on Norfolk Island, has been recognised for its historical and cultural significance, particularly its association with the first European settlement in 1788. The Act applies to the reserve's inclusion based on its importance in Australia's natural and cultural history, its potential to yield information about the convict periods of settlement, and its social value to the Norfolk Island community. The geographic reach of this Act is national, as it is a Commonwealth Act. The Act does not specify exclusions or exemptions for the inclusion of places in the Commonwealth Heritage List, but it may be subject to further regulations and guidelines through subordinate instruments. The inclusion of Cascade Reserve in the Commonwealth Heritage List signifies the importance of preserving its historical and cultural values for future generations.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the "Act") governs the inclusion of places in the Commonwealth Heritage list. Section 341JI (1) of the Act allows for the inclusion of a place in the Commonwealth Heritage list if the Minister is satisfied that the place has values that are of heritage significance to the nation. In this case, Cascade Reserve on Norfolk Island has been included in the Commonwealth Heritage list due to its historical, archaeological, and social values, which are outlined in the Schedule of the Gazette (C2022G00212). The inclusion in the Commonwealth Heritage list means that the place is recognised for its heritage significance to Australia, and measures are taken to ensure its protection and conservation.
Under the Act, parties or entities governed by this legislation have certain obligations and requirements. The primary obligation for those managing the Cascade Reserve is to ensure that its heritage values are protected and preserved. This includes maintaining the archaeological sites, preventing damage to the area, and ensuring that any activities within the Reserve do not compromise its heritage significance. The responsible authorities must also consult with relevant stakeholders, including the Norfolk Island community, when making decisions that may affect the Reserve. Additionally, any proposed actions or developments within the Reserve must be assessed to ensure they do not negatively impact the heritage values for which the Reserve has been listed.
Breaches of the obligations under the Act may result in various consequences, including civil and criminal penalties. Section 478 of the Act provides for civil penalties for breaches of certain provisions, including those related to the protection of heritage places. The maximum penalty for an individual is $330,000, while the maximum penalty for a body corporate is $1.65 million. Additionally, criminal offences may apply for serious breaches of the Act, with potential penalties including fines and imprisonment. For instance, Section 477A of the Act prescribes penalties for wilful damage to heritage places, with maximum penalties of up to 10 years imprisonment for individuals and $5.5 million for body corporates. The Act also allows for the recovery of costs associated with the remediation of any damage caused to the heritage place.
In summary, the inclusion of Cascade Reserve in the Commonwealth Heritage list under the Environment Protection and Biodiversity Conservation Act 1999 recognises the place's significant historical, archaeological, and social values. The Act imposes obligations on those managing the Reserve to protect and preserve its heritage values and consult with relevant stakeholders. Breaches of these obligations may result in civil and criminal penalties, including substantial fines and potential imprisonment.