Invitation to comment on the HMS Sirius Shipwreck Heritage Management Plan 2018-2022

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for a comprehensive framework to protect and manage Australia's environment and biodiversity, including cultural heritage sites such as shipwrecks. This Act was introduced by the Parliament of Australia to provide a unified approach to environmental protection, recognising the significance of both natural and cultural heritage. The policy objective of the Act is to balance economic development with the protection of the environment and biodiversity, ensuring sustainable use of natural resources while conserving significant heritage sites. In the context of the HMS Sirius Shipwreck, the Act facilitates the creation of a Heritage Management Plan to protect and manage the shipwreck's Commonwealth and National Heritage values. The draft HMS Sirius Shipwreck Heritage Management Plan 2018-2022, prepared by the Hon Josh Frydenberg, Minister for the Environment and Energy, the Hon Dr John McVeigh MP, Minister for Regional Development, Territories and Local Government, and the Norfolk Island Regional Council, invites public comment to ensure the plan effectively addresses the needs of the community and stakeholders. This draft plan aims to replace the previous 1993 management plan and provide a contemporary approach to the conservation and management of the HMS Sirius Shipwreck.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to the protection of significant environmental and heritage assets, including the conservation of National and Commonwealth Heritage Values. The Act extends to the management of the archaeological remains of HMS Sirius, a vessel of great historical importance associated with early European migration to Australia. The draft HMS Sirius Shipwreck Heritage Management Plan 2018-2022, prepared by the Hon Josh Frydenberg and the Hon Dr John McVeigh MP, aims to replace the previous management plan from 1993, ensuring the protection and management of the site's heritage values. The Act’s provisions allow for public consultation on the draft Plan, inviting comments from the general public, including Indigenous peoples with rights and interests in the place, as well as the Administrator of Norfolk Island. The public can view the draft Plan at the Sirius Museum in Norfolk Island or access it electronically. The closing date for comments is 5.00pm AEST on Monday 17 September 2018, with submissions directed to the Heritage Branch in Canberra. The Act’s application is national, and while there are no stated exclusions in this context, the scope of the Act may be further defined through subordinate instruments.

Key Provisions

The HMS Sirius Shipwreck Heritage Management Plan 2018-2022, which is a draft replacement for the existing plan, is intended to protect and manage the Commonwealth Heritage and National Heritage values of the archaeological remains of HMS Sirius (sections 324S(6)(a) and 341S(6)(b)). The plan outlines the approach for managing the site over the next five years and replaces the HMS Sirius Shipwreck Heritage Management Plan 1993. This document serves to provide guidance and direction for the conservation and management of this significant historical site. Under the Environment Protection and Biodiversity Conservation Act 1999, the public is invited to provide comments on the draft Plan. This includes Indigenous peoples with rights and interests in the place and the Administrator of Norfolk Island. The draft Plan is available for viewing in the Sirius Museum, Kingston, Norfolk Island, during opening hours from Monday to Saturday, 11am to 3pm. The public can also access the electronic version of the draft Plan through the provided link: http://kavha.gov.au/heritage-management/publications_and_projects/index.aspx. The deadline for submitting comments is 5.00pm AEST on Monday 17 September 2018. Comments should be directed to the Director of the Historic Heritage Section, Heritage Branch Heritage, Reef and Marine Division at the provided address, facsimile, and email. The Act imposes obligations on the parties involved to ensure the proper management and conservation of the HMS Sirius shipwreck site. This includes engaging with the public, Indigenous peoples, and the Administrator of Norfolk Island to gather their input and feedback on the draft Plan. Additionally, the Act mandates the Minister for the Environment and Energy and the Minister for Regional Development, Territories and Local Government to invite comments on the draft Plan, which helps to ensure the Plan is comprehensive and inclusive of all stakeholders. There are no specific offences, penalties, or civil/criminal consequences mentioned for breach of the Act in the context of the HMS Sirius Shipwreck Heritage Management Plan 2018-2022. However, the Act does provide for enforcement mechanisms and penalties for breaches of the Environment Protection and Biodiversity Conservation Act 1999 in general. These can include fines and imprisonment for serious offences, as well as civil remedies for damages caused by non-compliance with the Act. The specific penalties will depend on the nature and severity of the breach, as well as any relevant guidelines or precedents established by the courts.