EXPLANATORY STATEMENT
Issued by the Authority of the Minister of Sustainability, Environment, Water, Population and Communities
Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Mawson’s Huts Historic Site Management Plan 2013-18
Subsection 324S(1) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) requires the Minister for Sustainability, Environment, Water, Population and Communities to make a plan to manage the National Heritage values of each National Heritage place that is entirely within a Commonwealth area. Subsection 341S(1) requires a Commonwealth agency—in this case the Australian Antarctic Division of the Department of Sustainability, Environment, Water, Populations and Communities—to make a plan to manage the Commonwealth Heritage values of a Commonwealth Heritage place it owns or controls. Section 341W(b) allows both types of plan to be in the one document.
The Mawson’s Huts Historic Site Management Plan 2013-2018 (the 2013 Plan) describes the direction of the management of the iconic Antarctic site for the next five years in order to identify, protect, conserve, present and transmit the National Heritage and Commonwealth Heritage values of the place. The 2013 Plan establishes a clear conservation philosophy to guide on-site and off-site actions, presents authoritative information on the significance and history of the place, and establishes a framework for managing the site, including key phases of conservation work.
Background
Mawson’s Huts are located at Cape Denison, George V Land, Australian Antarctic Territory. Cape Denison is a 1.5 km-wide peninsula projecting into the centre of Commonwealth Bay, some 3000 km south of Hobart. The historic site is centred on four timber huts dating from the 1912-1913 use of the site as the main base of Sir Douglas Mawson’s Australasian Antarctic Expedition. Two of the huts are intact and two are standing ruins. The site also includes a memorial cross and plaque, broken masts and cables from the first ever wireless station in Antarctica, survey and sighting marks and scattered artefacts, as well as a pole and plaque marking Mawson’s proclamation of territorial sovereignty on his return visit in 1931.
The Australasian Antarctic Expedition was the only wholly Australian-organised campaign of the fifteen expeditions mounted in the ‘Heroic Era’ of Antarctic exploration (1897-1917). Launched from Hobart in December 1911, the expedition established a wireless relay station on Macquarie Island, a main base at Cape Denison and a secondary base on the remote Shackleton Ice Shelf. Mawson’s Huts are the remains of the main base; the other bases were destroyed or lost to the elements.
The Main Hut combined two Australian-made prefabricated structures, anchored into rock and buried to the roofline in snow for most of the year. It served as communal sleeping quarters and a workshop for eighteen men in 1912. Seven men stayed until December 1913 for the unplanned second year of the expedition, following Mawson’s delayed return from an epic sledging journey during which his two companions, B.E.S. Ninnis and X. Mertz, perished. The other structures—the Magnetograph House, which remains intact, and the Absolute Magnetic Hut and the Transit Hut, which are now standing ruins—were purpose built for scientific observations.
The site was visited sporadically in the 1950s and 1960s by French, New Zealand, U.S. and Australian parties on scientific expeditions. Efforts to conserve Mawson’s Huts began in the 1970s, when awareness of the significance of the site grew, and reports suggested that abrasive wind-driven snow and ice were threatening the fabric of the historic structures. Early work determined the condition of the huts, recorded the structures and artefacts, and achieved some stabilisation. Ice removal from inside the huts, patching to make walls and roofs weatherproof, and removal of non-historic debris from the site have characterised the work of both government and private expeditions since. The policy of successive governments has been to conserve the remains in situ rather than removing them for display in Australia.
The place was included on the National Heritage List in 2005 for its outstanding historic significance, and on the Commonwealth Heritage List for its historic values in 2004. It had been registered on the Register of the National Estate since 1980 (now a non-statutory list).
The Australian listings recognise the values embodied by the form, layout, setting and relationship of the historic buildings and archaeological deposits. The site is associated with significant Australian historical events (largely Australia’s exploration of Antarctica intrinsic to Australia’s sovereignty over the Australian Antarctic Territory) and people (especially the great explorer and scientist Sir Douglas Mawson). It is also significant for its rarity and aesthetic value, as little other evidence remains of isolated and weathered ‘Heroic Era’ timber buildings in the spectacular Antarctic wilderness. The site testifies to the creative and technical achievements of the men of the pioneering expedition, and the physical evidence left behind has considerable research potential.
Internationally, key elements of the site (the Main Hut and Memorial Cross) were declared historic sites and monuments under the Antarctic Treaty in 1972. In 2004, the area was designated as an Antarctic Specially Protected Area, within an Antarctic Specially Managed Area, under the Environmental Protocol to the Antarctic Treaty, after a proposal by Australia. This designation was proclaimed under Australian legislation through the Antarctic Treaty (Environment Protection) Proclamation 2007 (Cth).
Legislative context
Subsection 324S(1) of the EPBC Act provides that the Minister must make a written plan to protect and manage the National Heritage values of each National Heritage place that is entirely within a Commonwealth area. For Commonwealth Heritage places, subsection 341S(1) of the EPBC Act provides that a Commonwealth agency must make a written plan to protect and manage the Commonwealth Heritage values of a Commonwealth Heritage place it owns or controls.
Subsection 324S(2) of the EPBC Act provides that the Minister may, in writing amend a plan or revoke and replace a plan. Similarly, subsection 341S(2) of the EPBC Act provides that the Commonwealth agency may amend or revoke and replace a plan.
Subsection 324W(1) of the EPBC Act provides that at least once in every five year period after a plan for managing a National Heritage place is made under section 324S, the Minister must cause a review of the plan to be carried out. Subsection 341X(1) of the EPBC Act also provides that at least once in every five year period after a plan for managing a Commonwealth Heritage place is made under section 341S, the Commonwealth agency concerned must cause a review of the plan to be carried out.
Subsections 324W(2) and 341X(2) of the EPBC Act provides that the review must:
(a) assess whether the plan is consistent with the National/Commonwealth Heritage management principles in force at the time; and
(b) assess whether the plan is effective in protecting and conserving the National/Commonwealth Heritage values of the place; and
(c) make recommendations for the improved protection of the National/Commonwealth Heritage values of the place.
Subsections 324W(3) and 341X(3) of the EPBC Act provides that a notice must be published on the internet and in a daily newspaper inviting anyone to give comment on the review within 20 business days. On 15 October 2011, a public notice was advertised in The Weekend Australian inviting comment on the review of the Mawson’s Huts Historic Site Management Plan 2007-12. No comments were received. An earlier informal consultation on the review with key stakeholders led to eight submissions being received which were considered in the preparation of the 2013 Plan.
Subsection 324S(6)(a) of the EPBC Act provides that before making, amending or revoking and replacing a plan the Minister must seek and consider comments from anyone about the matters to be addressed by the proposed plan. Subsection 341S(6)(b) of the EPBC Act also provides that comment must be sought from anyone about the matters to be addressed by the proposed plan. On 21 July 2012, a public notice was advertised in The Weekend Australian inviting comment on the proposed 2013 Plan. In addition, a notice was published in the Gazette on 25 July 2012 also inviting comment on the proposed 2013 Plan. Nine submissions were received and considered in the development of the final draft of the 2013 plan. Subsection 341S(6)(a) of the EPBC Act provides that before making, amending or revoking and replacing a plan, the agency concerned must ask the Minister for advice on the proposed plan or amendment and must take account of any such advice received from the Minister. This advice was sought from the Minister (via his delegate) on 26 October 2012.
Subsection 324S(6)(b) of the EPBC Act provides that before making, amending or revoking and replacing a plan, the Minister must seek and consider comments from the Australian Heritage Council about matters to be addressed by the proposed plan. Subsection 341S(7) of the EPBC Act also requires the Minister to consult with the Australian Heritage Council in preparing advice on a plan. The draft 2013 Plan and a summary of public submissions were provided to the Australian Heritage Council’s December 2012 meeting. The Council made no additional comments and determined that the management plan addressed the matters prescribed by the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth). Following this, the Minister (via his delegate) confirmed that the management plan meets the requirements for a management plan under the EPBC Act. In accordance with subsection 341S(3) of the EPBC Act, a notice was published in the Gazette on 3 April 2013 stating that the 2013 Plan has been made.
Subsections 324S(7) and 341S(8) of the EPBC Act provide that a plan, an amendment of a plan, or revocation and replacement of a plan, is a legislative instrument.
This instrument is a legislative instrument for the purposes of the Legislative Instrument Act 2003 (Cth).
This instrument will commence on the day after its registration with the Federal Register of Legislative Instruments.
Regulation Impact Statement
On 12 September 2012 the Office of Best Practice and Regulation confirmed that the proposal was likely to have only a minor impact on the business or not-for-profit sector and that no further analysis (in the form of a Regulation Impact Statement) would be required.
Statement of Compatibility
See Attachment A.
Attachment A
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Mawson’s Huts Historic Site Management Plan 2013-18
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.
Overview of the Legislative Instrument
The management plan has been prepared in accordance with the requirements of the EPBC Act relating to a Commonwealth Heritage Listed and National Heritage Listed place. It provides a management and administrative framework to help guide decisions and on and off site actions that help identify, protect, conserve, present and transmit the National and Commonwealth Heritage values. This plan revokes and replaces the Mawson’s Huts Historic Site Management Plan 2007-12.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Paul Grimes
Delegate for the Minister of Sustainability, Environment, Water, Population and Communities