Explanatory Statement
Issued by the authority of the Minister for the Environment and Water
Environment Protection and Biodiversity Conservation Act 1999
Mawson Station Heritage Management Plan 2025
Legislative Authority
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. The Mawson Station Heritage Management Plan 2025 (Plan) provides such a framework for the protection of the Commonwealth Heritage values at Mawson Station, a Commonwealth Heritage place.
Subsection 341S(4) of the EPBC Act provides that a management plan 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, 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.
Subsection 341S(8) of the EPBC Act provides that a management plan is a legislative instrument.
The Minister was satisfied that the requisite criteria for making the Plan were met.
Purpose
The purpose of the Plan is to protect and manage the Commonwealth Heritage values at Mawson Station.
Background
This is the second Heritage Management Plan to be prepared for Mawson Station. This Plan 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 an acknowledgement of the importance of protecting and managing Mawson Station’s heritage values for future generations.
Consultation
Statutory public consultation on the draft Plan occurred between 15 December 2023 and 15 February 2024 in accordance with subsection 341S(6)(b) of the EPBC Act and regulation 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 by the Minister’s delegate as required under section 341S(7) of the EPBC Act. This advice was then actioned before the Australian Heritage Council provided comments on the final Plan, which were then considered by the Minister when taking account of the advice provided by the Minister’s delegate as required under section 341S(6)(a) 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: Section 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 Station 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 Station 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 Mawson Station’s heritage values 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