Environment Protection and Biodiversity Conservation Act 1999
INCLUSION IN THE NATIONAL HERITAGE LIST
OF
ERAWONDOO HILL
I, Sussan Ley, Minister for the Environment, having considered in relation to the place and the National Heritage values described in the Schedule of this instrument:
(a) the Australian Heritage Council's assessment whether the place meets any of the National Heritage criteria; and
(b) the comments given to the Council under sections 324JG and 324JH of the Environment Protection and Biodiversity Conservation Act 1999; and
being satisfied that the place described in the Schedule has the National Heritage values specified in the Schedule, pursuant to section 324JJ of the Environment Protection and Biodiversity Conservation Act 1999, include the place and the specified National Heritage values in the National Heritage List.
Dated 11 / 06 / 2020
Sussan Ley
Minister for the Environment
SCHEDULE
WESTERN AUSTRALIA
Shire of Murchison
Erawondoo Hill:
About 260ha comprising an area bounded by a line commencing at the intersection of MGA point 498474mE 7107000mN (Zone 50), then via straight lines joining the following MGA points consecutively: 500673mE 7107000mN, 500673mE 7106420mN, 499950mE 7106330mN, 499680mE 7106230mN, 499270mE 7105980mN, 499270mE 7105000mN, 498475mE 7105000mN, then northerly to the point of commencement.
| Criterion | Values |
(b) | the place has outstanding heritage value to the nation because of the place's possession of uncommon, rare or endangered aspects of Australia's natural or cultural history | Erawondoo Hill, located in the Jack Hills, Western Australia, is the discovery site and largest in situ repository of the oldest terrestrial material known to exist on Earth. Zircon crystals in excess of 4 billion years old have been found at the site, the oldest of which has been dated to 4404(±8) million years, only 120 million years younger than the age of the Earth itself. There is nowhere else in Australia or anywhere else on the planet where zircon crystals in excess of 4 billion years old occur in such abundance. In addition, it is the only place where crystals up to 4.4 billion years old have been discovered, making it a globally unique site of international significance. |
(c) | the place has outstanding heritage value to the nation because of the place's potential to yield information that will contribute to an understanding of Australia's natural or cultural history | Erawondoo Hill is one of the world’s most important sites for ongoing research into the origins of the Earth. It is regularly visited by Australian and international geologists and is at the cutting edge of scientific research in relation to early Earth processes, involving the latest theories and techniques. Since their discovery in the early 1980s, extensive analysis of thousands of zircon crystals from Erawondoo Hill and the surrounding sedimentary rock sequences has produced a substantial body of work which has revolutionised scientific thinking on the nature and processes of the earliest phases of Earth’s history. The ‘Cool Early Earth’ theory, based substantially on information derived from the Erawondoo Hill zircons, suggests that cooler temperatures, continental crust and liquid water developed much earlier than previously thought, which has implications for the evolution of life itself. With ongoing research opportunities and advances in scientific technologies, the potential for further remarkable discoveries can be expected well into the future. |
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Parliament of Australia to provide for the protection of the environment, particularly matters of national environmental significance, and to establish a framework for the conservation of biodiversity. This Act addresses the problem of inadequate protection for areas of significant natural and cultural heritage, ensuring that they are recognised and preserved for their intrinsic value and for the benefit of future generations. The inclusion of Erawondoo Hill in the National Heritage List under this Act exemplifies its purpose, as the site holds exceptional natural heritage value. The policy objective behind including Erawondoo Hill in the National Heritage List is to safeguard its unique geological significance, which includes some of the oldest known terrestrial materials on Earth, and to support ongoing research that contributes to our understanding of the early Earth and its processes.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to the inclusion of Erawondoo Hill in the National Heritage List, recognising its outstanding heritage values. The Act's provisions allow for the listing of places of national significance, and Erawondoo Hill has been identified for its exceptional natural history. The Act applies to the Commonwealth, and its inclusion in the National Heritage List ensures that the site receives national recognition and protection. The specified area, about 260 hectares in the Shire of Murchison, Western Australia, is bound by specific MGA points, encapsulating the unique geological features of the hill. The Act ensures that this site, being the largest in situ repository of the oldest terrestrial material known, and a critical area for scientific research on the early Earth, is preserved and protected, thereby safeguarding its unique contribution to the understanding of Australia's natural history.
Key Provisions
The main operative section of this legislation is section 324JJ of the Environment Protection and Biodiversity Conservation Act 1999, which provides the legal basis for including Erawondoo Hill in the National Heritage List. This inclusion acknowledges Erawondoo Hill's outstanding heritage value to the nation due to its unique natural history, specifically its ancient zircon crystals which are crucial for understanding the Earth's early history. The Schedule to the instrument describes the specific area of Erawondoo Hill and the criteria under which it has been listed, namely its uncommon, rare, or endangered aspects of Australia's natural history (criterion b) and its potential to yield significant information about Australia's natural history (criterion c).
The Act imposes several obligations on the parties affected by the inclusion of Erawondoo Hill in the National Heritage List. Primarily, it requires that any activities within the listed area are conducted in a manner that does not diminish the National Heritage values of the site. This means that any actions, including land use, development, or scientific research, must be managed to preserve the unique geological features and scientific research opportunities that Erawondoo Hill offers. The Act also mandates that the Minister for the Environment, in this case, Sussan Ley, must ensure that the site's inclusion in the National Heritage List is communicated effectively to relevant stakeholders and the public, facilitating awareness and respect for the site's significance.
Breaching the obligations set forth by the Environment Protection and Biodiversity Conservation Act 1999 can lead to various consequences. Under the Act, unauthorised activities that harm the National Heritage values of Erawondoo Hill can result in civil and criminal penalties. Civil penalties for contravening the Act can include fines of up to $666,000 for individuals and $3.33 million for corporations, as stipulated in section 533 of the Act. Additionally, criminal offences for significant breaches may lead to imprisonment, with penalties varying based on the severity and impact of the offence. These stringent measures underscore the importance of preserving the unique heritage values of Erawondoo Hill.