Environment Protection and Biodiversity Conservation Act 1999
INCLUSION OF A PLACE IN THE NATIONAL HERITAGE LIST
KOONALDA CAVE
I, Greg Hunt, Minister for the Environment, having considered in relation to the place 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 its National Heritage values in the National Heritage List.
Dated 9 July 2014
[signed by]
Greg Hunt
Minister for the Environment
SCHEDULE
STATE / TERRITORY: SOUTH AUSTRALIA
Local Governments: Unincorporated
Name: Koonalda Cave
Location / Boundary:
Approximately 5 ha (surface area), Old Eyre Highway, 95 km north east of Eucla, being the area enclosed by a line connecting the following MGA points consecutively: Zone 52, 579394mE 6525573mN, 579468mE 6525637mN, 579797mE 6525262mN, 579723mE 6525198mN, and comprising the tunnel system to a depth of 100 metres below the surface of this area.
Criteria / Values:
| Criterion | Values |
(a) | the place has outstanding heritage value to the nation because of the place's importance in the course, or pattern, of Australia's natural or cultural history. | Koonalda Cave is of outstanding national heritage significance for the role it has played in the evolution of our contemporary understanding of the Pleistocene date of Aboriginal art, archaeology and occupation in Australia. The discovery of the significance of Koonalda Cave in 1956 placed the site at the forefront of enquiry into the art and archaeology of Aboriginal culture in Australia as this was the first site of its kind to be reliably dated to the mid Pleistocene (circa 22 000 BP). The evidence of human activity in Koonalda Cave indicates that it was only used during the Last Glacial Maximum (between 14 000 – 30 000 BP), thereby associating the age of the markings and flint mining activity to this time. Dating human activity in Koonalda Cave to the Pleistocene transformed the way Aboriginal rock art and human occupation sites throughout Australia were interpreted by archaeologists, which in turn was key to changing the widely held preconception that Aboriginal people had only lived on the Australian continent for a relatively short time (circa 7000 years). In addition, the location of the site proved that Aboriginal people survived in the arid region during the Last Glacial Maximum, which was previously thought to be impossible due to the harsh environmental conditions at this time. Koonalda Cave is of outstanding national significance as the finger flutings and incisions in the soft limestone cave were the first to be reliably dated to the Pleistocene and so played a particular role in the development of our modern understanding of the chronology and typology of Aboriginal art in Australia. Koonalda Cave remains among the best examples of finger flutings in Australia in terms of their quality, preservation and complexity. |
|
For more information on the place search the Australian Heritage Database at http://www.environment.gov.au/cgi-bin/ahdb/search.pl using the name of the place.
Overview
The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Parliament of Australia, was designed to provide for the protection of the environment, especially aspects of it that are of national and international significance. In this context, the Act plays a crucial role in preserving and managing Australia's natural and cultural heritage. The Act was introduced to address the need for a comprehensive framework to protect and conserve the nation's biodiversity and significant heritage places. The policy objective of the Act is to ensure that the environment is protected from significant impacts arising from Commonwealth actions, and that Australia's heritage is preserved for future generations. Pursuant to this Act, the Minister for the Environment has the authority to include places of national heritage significance in the National Heritage List, as demonstrated by the inclusion of Koonalda Cave in South Australia, which holds outstanding heritage value due to its significant role in understanding the Pleistocene date of Aboriginal art and occupation in Australia.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to the inclusion of Koonalda Cave in the National Heritage List, as determined by the Minister for the Environment. This legislative action recognises the outstanding heritage value of the Koonalda Cave, located in South Australia, to the nation based on its significant role in the understanding of Australia’s natural and cultural history. The inclusion of the cave in the National Heritage List is a result of its importance in establishing the mid-Pleistocene date of Aboriginal art, archaeology, and occupation in Australia. The Act ensures that the Koonalda Cave and its associated values are protected and preserved for future generations, reflecting its importance in the evolution of archaeological understanding and its contribution to the broader narrative of Aboriginal heritage. The Act's jurisdiction extends nationally, with the specific site being managed within the confines of South Australian local government areas.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides the legal framework for the protection of the environment and biodiversity in Australia. Section 324JJ of the EPBC Act allows the Minister for the Environment to include places in the National Heritage List based on their outstanding heritage values to the nation (subsection 324JJ(1)). The Minister's decision to include Koonalda Cave in the National Heritage List (subsection 324JJ(2)) is based on the Australian Heritage Council’s assessment (subsection 324JJ(1)(a)) and any relevant comments received (subsection 324JJ(1)(b)). The inclusion of Koonalda Cave recognises its outstanding heritage value due to its significance in the evolution of our understanding of the Pleistocene date of Aboriginal art, archaeology, and occupation in Australia (Schedule, Criterion (a)).
The Act imposes certain obligations on the parties involved, including the requirement for the Minister to consider the assessment by the Australian Heritage Council and any comments provided under sections 324JG and 324JH of the EPBC Act (subsection 324JJ(1)). Additionally, the inclusion in the National Heritage List triggers further obligations to protect and manage the site, ensuring its conservation for future generations (subsection 324JJ(3)). These obligations extend to local governments and other entities within the vicinity of the listed site, who must cooperate with the Minister and adhere to any conditions or restrictions imposed to protect the heritage values of the site.
Breach of the obligations under the EPBC Act can result in various civil and criminal consequences. For instance, unauthorised actions that impact a listed site can lead to enforcement actions under section 528 of the EPBC Act, which may include fines or other penalties. The specific penalties for breaches vary depending on the nature and severity of the offence. Under the EPBC Act, the maximum penalty for a strict liability offence is $66,600 for an individual and $333,000 for a body corporate (subsection 545(2)). For other offences, the penalties can be more severe, with maximum penalties of up to $2,220,000 for individuals and $11,100,000 for bodies corporate, depending on the seriousness of the offence (subsection 546(2)). These provisions underscore the importance of adhering to the Act’s requirements to protect national heritage sites like Koonalda Cave.