Explanatory Statement
Issued by the authority of the Minister for the Environment and Water
Environment Protection and Biodiversity Conservation Act 1999
Mawson’s Huts Historic Site Heritage Management Plan 2025
Legislative Authority
Mawson’s Huts Historic Site is a both a Commonwealth Heritage place and a National Heritage place in a Commonwealth area.
Section 341S of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides that the Commonwealth agency that owns or controls a Commonwealth Heritage place must make a written plan to protect and manage the Commonwealth Heritage values of the place.
Section 324S of the EPBC Act provides that the Minister must make a written plan to protect and manage the National Heritage values of a National Heritage place that is entirely within one or more Commonwealth areas.
The Mawson’s Huts Historic Site Heritage Management Plan 2025 (Plan) provides such a framework for the protection of both the Commonwealth and National Heritage values at the Mawson’s Huts Historic Site. Sections 324V and 341W provide that a management plan for Commonwealth and National Heritage values may be incorporated into the same document.
Subsection 341S(4) of the EPBC Act provides that a management plan for a Commonwealth Heritage place must address the matters prescribed by the Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations) and must not be inconsistent with the Commonwealth Heritage management principles set out Schedule 7B of the EPBC Regulations.
Subsections 341S(6) and (7) of the EPBC Act relevantly provide that before making a management plan for a Commonwealth Heritage place, the agency concerned must:
- Take into account any advice received from the Minister, and the Minister must consult with the Australian Heritage Council when preparing the advice; and
- Seek and consider any comments from anyone about the matters proposed in the draft plan in accordance with the EPBC Regulations.
Subsections 324S(4) of the EPBC Act provides that a management plan for a National Heritage place must address the matters prescribed by the EPBC Regulations and must not be inconsistent with the National Heritage management principles set out Schedule 5B of the EPBC Regulations.
Before making a management plan for a National Heritage place, the Minister must:
- Seek, in accordance with the EPBC Regulations, and consider any comments from anyone about the matters proposed in the draft plan (subsection 324S(6)(a);
- Seek and consider comments from the Australian Heritage Council about those matters (subsection 324S(6)(b); and
- Consider the precautionary principal (s391).
Subsections 341S(8) and 324S(7) of the EPBC Act provide that this management plan is a legislative instrument.
The Minister was satisfied that the requisite criteria for making a Commonwealth Heritage management plan and the requisite criteria for making a National Heritage management plan were met.
Purpose
The purpose of the Plan is to protect and manage the Commonwealth and National Heritage values at the Mawson’s Huts Historic Site.
Background
This is the third Heritage Management Plan to be prepared for the Mawson’s Huts Historic Site. This Plan provides the framework to guide management decisions, including on- and off- site actions, to protect and conserve the National Heritage, Commonwealth Heritage and other values of Mawson’s Huts Historic Site. In this way, the Plan sets out how the National and Commonwealth Heritage values of the site, as described on the National Heritage List and Commonwealth Heritage List, will be managed and protected.
Consultation
Statutory public consultation on the draft Plan occurred between 28 February 2025 and 1 April 2025 in accordance with subsections 341S(6)(b) and 324S(6)(a) of the EPBC Act and regulation 10.01D and 10.03C of the EPBC Regulations. Comments received were considered and incorporated as appropriate within the Plan.
The Historic Heritage Pair of the Australian Heritage Council was consulted and provided advice on the draft Plan. This advice was then actioned before the Australian Heritage Council provided comments on the final Plan, which were then considered by the Minister as required under section 324S(6)(b) of the EPBC Act.
Experts and stakeholders with significant expertise and/or experience in the field of polar heritage conservation were consulted throughout the drafting of the Plan and were generally supportive.
Details/Operation
The Plan is a legislative instrument for the purposes of the Legislation Act 2003 (Legislation Act).
The Plan commences on the day after it is registered on the Federal Register of Legislation.
Documents incorporated by reference
The Plan incorporates the The Burra Charter: the Australia ICOMOS Charter for Places of Cultural Significance 2013 (Burra Charter) by reference. The Burra Charter contains a set of principles, processes and guidelines for best practice in heritage conservation developed by Australian International Council on Monuments and Sites (ICOMOS) and based on international standards. The Burra Charter is freely accessible at: <https://australia.icomos.org/publications/burracharter-practice-notes/>.
The Plan also incorporates the Antarctic Archaeological Guidelines, 2022 by reference, another document developed by ICOMOS. The Guidelines provide best practice advice for managing heritage within Antarctica and are freely accessible at: <https://www.icomos.org/actualite/icomos-antarctic-archaeological-guidelines-provide-tailored-guidance-for-heritage-conservation-in-antarctica/>.
These documents are incorporated as they existed at the time the Plan commences in accordance with subparagraph 14(1)(b)(i) of the Legislation Act.
Other
The Instrument is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment A.
Authority: Sections 324S and 341S of the Environment Protection and Biodiversity Conservation Act 1999.
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 Heritage Management Plan 2025
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 Mawson’s Huts Historic Site Heritage Management Plan 2025 maintains Australia’s commitment to environmental stewardship and scientific endeavours across East Antarctica, while simultaneously recognising and valuing the aspects of the station that make it historically significant. In this way, the plan is acknowledgement of the importance of protecting and managing the heritage values at the Mawson’s Huts Historic Site for future generations.
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.
The Hon. Murray Watt MP
Minister for the Environment and Water