INVITATION FOR PUBLIC COMMENT
COCKATOO ISLAND MANAGEMENT PLAN – DRAFT AMENDMENT 1
Cockatoo Island on Sydney Harbour, managed by the Sydney Harbour Federation Trust (the Harbour Trust), is a significant heritage place protected under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and Sydney Harbour Federation Trust Act 2001. Cockatoo Island’s National and Commonwealth heritage values are protected by the Cockatoo Island Management Plan, which was made in accordance with the EPBC Act and the Harbour Trust’s Comprehensive Plan. Following the gazettal of the plan in 2010, Cockatoo Island was formally inscribed as a World Heritage Place.
In accordance with Sections 324W and 341X of the EPBC Act, the Cockatoo Island Management Plan was reviewed in 2016. The Review recommended the Plan be amended to address Cockatoo Island’s status as a World Heritage place.
In accordance with Sections 316, 324S and 341S of the EPBC Act, the Minister for the Environment and the Harbour Trust have prepared a draft Amendment to the Cockatoo Island Management Plan (the “Draft Plan”), in accordance with the heritage management principles and requirements for management plans for World, National and Commonwealth Heritage places. The Draft Plan is also being prepared in accordance with the Harbour Trust’s Comprehensive Plan.
Comments are invited from members of the public including Indigenous peoples with rights and interests in the place, and the NSW Government.
The closing date for public comment is 5.00 pm AEST, on Tuesday 7 June 2016.
The Draft Plan can be viewed during office hours at:
- Harbour Trust office, Building 28, Best Avenue (off Suakin Drive), Mosman
- Cockatoo Island Visitor Centre, Building 164, Cockatoo Island, Sydney Harbour
- Hunter’s Hill Council and Gladesville Library
- Lane Cove Council Civic Centre and Lane Cove and Greenwich Libraries
- Leichhardt Municipal Council and Balmain Library
- Canada Bay Civic Centre (Drummoyne) and Five Dock Library
Electronic copies of the Draft Plan are available online at: www.harbourtrust.gov.au
Comments on the Draft Plan and should be sent to:
Sydney Harbour Federation Trust or
PO Box 607
MOSMAN NSW 2088
Email: consulttrust@harbourtrust.gov.au
Director
National Historic Heritage Section
Wildlife, Heritage and Marine Division
GPO Box 787
CANBERRA ACT 2601
Facsimile: 02 6274 2095
E-mail: heritage@environment.gov.au
All submissions should be marked “Cockatoo Island Management Plan – Draft Amendment 1”. All submissions received will be treated as public documents.
Persons with special needs (i.e. for whom English is a second language or who have vision impairment) may contact (02) 8969 2100 for assistance with accessing the documentation.
For further information please see www.harbourtrust.gov.au or phone (02) 8969 2100.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and to establish a framework for the management of heritage places. The Act aims to ensure that environmental considerations are integrated into decision-making processes and to safeguard Australia's natural and cultural heritage. In 2016, a draft amendment to the Cockatoo Island Management Plan was prepared in response to the island's formal inscription as a World Heritage place. The amendment was undertaken to align the management plan with the heritage management principles and requirements for World Heritage places, as stipulated by the EPBC Act. This draft amendment was developed jointly by the Minister for the Environment and the Sydney Harbour Federation Trust, reflecting a policy objective to enhance the protection and management of Cockatoo Island’s significant heritage values while accommodating its World Heritage status.
Scope and Application
The Cockatoo Island Management Plan – Draft Amendment 1 applies to the management and protection of Cockatoo Island in Sydney Harbour, a significant heritage place overseen by the Sydney Harbour Federation Trust, and protected under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and the Sydney Harbour Federation Trust Act 2001. The Draft Plan is a response to the recommendation from the 2016 Review to amend the existing Management Plan to align with Cockatoo Island’s status as a World Heritage place. The scope of the Draft Plan encompasses the heritage management principles and requirements for management plans for World, National and Commonwealth Heritage places, as well as the Harbour Trust’s Comprehensive Plan. Public comments are invited from members of the public, including Indigenous peoples with rights and interests in the place, and the NSW Government, with the closing date for submissions being 5.00 pm AEST on Tuesday 7 June 2016. The Draft Plan is intended to provide an updated framework for the ongoing conservation and management of Cockatoo Island’s heritage values.
Key Provisions
The main operative sections of the Cockatoo Island Management Plan – Draft Amendment 1 (Draft Plan) are Sections 316, 324S, 324W, 341S, and 341X of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (Sections 324W, 341X). These sections mandate that the Cockatoo Island Management Plan be reviewed periodically and amended as necessary to address the island's status as a World Heritage place. The Draft Plan, prepared by the Minister for the Environment and the Sydney Harbour Federation Trust, seeks to revise the existing management plan in accordance with heritage management principles and the requirements for management plans of World, National and Commonwealth Heritage places. The Draft Plan also aligns with the Harbour Trust’s Comprehensive Plan, ensuring a coherent approach to heritage management on Cockatoo Island.
The obligations and requirements imposed by the Draft Plan on the parties and entities it governs are multifaceted. The Minister for the Environment and the Sydney Harbour Federation Trust are required to prepare the Draft Plan in consultation with relevant stakeholders, including Indigenous peoples and the NSW Government. The public, including Indigenous peoples with rights and interests in the place, are invited to review the Draft Plan and provide feedback. This participatory approach ensures that the Draft Plan reflects a broad range of interests and perspectives. The Harbour Trust must also ensure that the Draft Plan aligns with the EPBC Act and the Harbour Trust’s Comprehensive Plan, while preserving the island’s heritage values. Furthermore, the Draft Plan must be implemented in a manner that maintains the island’s World Heritage status, ensuring the protection and conservation of its significant heritage.
The Draft Plan does not explicitly detail specific offences, penalties, or civil and criminal consequences for breaches. However, the EPBC Act, under which the Draft Plan operates, provides a framework for enforcement. Any breaches of the EPBC Act could lead to civil or criminal penalties, depending on the nature and severity of the breach. Civil penalties for breaches of the EPBC Act can include substantial fines, with the exact amount determined by the court. Criminal penalties may also be imposed, including fines of up to $1.1 million for individuals and $5.5 million for corporations, along with potential imprisonment. These penalties underscore the importance of compliance with the EPBC Act and the management plans derived from it, including the Draft Plan for Cockatoo Island. Ensuring adherence to the plan is crucial to maintaining the island’s World Heritage status and protecting its significant heritage values.