Environment Protection and Biodiversity Conservation Act 1999
INCLUSION OF A PLACE IN THE NATIONAL HERITAGE LIST
MOREE BATHS AND SWIMMING POOL
I, Mark Butler, Minister for the Environment, Heritage and Water, having considered in relation to the place described in the Schedule of this instrument:
(a) the Australian Heritage Council’s assessment on 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: 4/08/2013
[signed by]
Mark Butler
Minister for the Environment, Heritage and Water
SCHEDULE
STATE / TERRITORY
Local Governments
Name
Location / Boundary
Criteria / Values
NEW SOUTH WALES
Moree Plains Shire
Moree Baths and Swimming Pool
About 0.5ha, corner of Anne Street and Warialda Street, Moree, comprising all that part of Lot 100 DP1163663 to the north of MGA northing Zone 55 6736080mN.
| 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. | The Moree baths has outstanding national heritage value under criterion (a) as the place where student protests in 1965 highlighted the legalised segregation and racism experienced by Aboriginal people in outback Australia. It brought the racial discrimination and segregation experienced by the Aboriginal population in Australian country and rural towns to the attention and consciousness of the white Australian population. It forced Australia to look at the way it treated its Indigenous population and showed that racial segregation continued in many towns. The protest was an important contributor to the climate of opinion which produced a yes vote in the 1967 referendum to change the Australian Constitution. From that change came a legal basis for subsequent Commonwealth involvement in Aboriginal and Torres Strait Islander affairs and an increased recognition at local, state, and national levels of the importance of Indigenous rights in Australia. |
(h) | the place has outstanding heritage value to the nation because of the place's special association with the life or works of a person, or group of persons, of importance in Australia's natural or cultural history. | The Moree baths has outstanding heritage value to the nation under criterion (h) as the place that has a special association with the life and works of the Aboriginal activist Dr Charles Nelson Perrurle Perkins AO. The events at the Moree baths in 1965 brought him into public prominence as a leading Aboriginal activist and it was here that his tactic of confronting people with awkward truths about their treatment of Aborigines first emerged in a public context. This pattern was repeated throughout his life even when it resulted in costs to him personally. The events that occurred in Moree, and the wider Freedom ride, established Charles Perkins as an iconic figure for both young and older Aborigines alike. In addition it clearly demonstrated his commitment to achieving equity for Aboriginal people in Australia, something that became a lifelong cause.
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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 was enacted to address the need for comprehensive environmental protection and biodiversity conservation measures in Australia, ensuring that significant natural and cultural heritage sites are preserved for future generations. This Act was introduced by the Parliament of Australia to provide a robust framework for the protection and management of the nation's environmental assets, including those of national heritage significance. The policy objective of the Act is to safeguard Australia's biodiversity and heritage by preventing actions that could harm its natural and cultural resources. In line with this objective, the Act allows for the inclusion of places with significant national heritage values into the National Heritage List. This particular legislation includes the Moree Baths and Swimming Pool in New South Wales, recognising its outstanding heritage value due to its importance in Australian history and its association with significant cultural figures such as Aboriginal activist Dr Charles Perkins.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to a broad range of persons, entities, industries, conduct, and transactions that may impact the environment or heritage in Australia. The Act provides a national framework for the protection of the environment, including heritage places, by regulating activities that have, or are likely to have, a significant impact on matters of national environmental significance. The inclusion of the Moree Baths and Swimming Pool in the National Heritage List under this Act demonstrates its application to heritage conservation, particularly where places have outstanding heritage value to the nation. The geographic reach of the Act is national, applying across all states and territories of Australia, and extends to offshore areas and external territories. The Act also includes provisions for the creation of subordinate instruments, which can further specify the application and enforcement of the legislation. However, certain exclusions, exemptions, or thresholds may apply, such as the Act not applying to activities on Commonwealth land if they are already regulated under another Act. The specific inclusion of the Moree Baths and Swimming Pool under the Act highlights its jurisdictional application to recognising and protecting places of significant heritage value that have national importance.
Key Provisions
The legislation (C2013G01341) under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a gazetted instrument that includes the Moree Baths and Swimming Pool in the National Heritage List. This inclusion is based on the findings of the Australian Heritage Council and comments received under sections 324JG and 324JH of the EPBC Act. The Minister for the Environment, Heritage and Water, Mark Butler, has determined that the place meets the criteria for national heritage values outlined in the Schedule, specifically under criterion (a) and (h) (sections 324JJ). The Moree Baths and Swimming Pool hold outstanding heritage value as the site where the 1965 student protests highlighted the issue of racial segregation and discrimination against Aboriginal people in Australia. This incident played a significant role in influencing public opinion and contributed to the successful 1967 referendum, leading to changes in the Australian Constitution and subsequent Commonwealth involvement in Aboriginal and Torres Strait Islander affairs.
The inclusion of the Moree Baths and Swimming Pool in the National Heritage List imposes certain obligations on the parties and entities governed by the EPBC Act. The primary obligation is to ensure the protection and preservation of the site, maintaining its historical and cultural significance. This includes taking necessary measures to safeguard the site from potential harm or degradation, and to promote its value and importance to the nation. Additionally, any activities or developments that may impact the site must be assessed under the EPBC Act to ensure they do not adversely affect the national heritage values of the place.
Failure to comply with the obligations under the EPBC Act may result in offences and penalties, both civil and criminal. The specific penalties depend on the nature and severity of the breach. In some cases, the Minister may impose a pecuniary penalty of up to $66,600 for individuals or $333,000 for bodies corporate for a single offence (section 514). In more serious cases, criminal charges may be pursued, resulting in penalties of up to $1.1 million for individuals and $5.5 million for bodies corporate, along with potential imprisonment terms (section 515). The Act also provides for the issuance of infringement notices for lesser offences, with fines ranging from $4,950 for individuals to $24,750 for bodies corporate (section 518). It is essential for the parties and entities involved to adhere to the requirements of the EPBC Act to avoid any legal consequences.