Mawson Station Heritage Management Plan 2025

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2025L01595 In force Legislative Instrument

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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:

  1.       Take into account any advice received from the Minister, and the Minister must consult with the Australian Heritage Council when preparing the advice; and
  2.      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

 

 

Overview

The Mawson Station Heritage Management Plan 2025, issued under the authority of the Minister for the Environment and Water, is designed to protect and manage the Commonwealth Heritage values of Mawson Station, a significant heritage site in East Antarctica. This legislative instrument was introduced to address the need for a comprehensive framework to safeguard the historical and cultural significance of Mawson Station, in accordance with Section 341S of the Environment Protection and Biodiversity Conservation Act 1999. The Plan is formulated to ensure that the heritage values of the station are preserved for future generations, while also aligning with the Commonwealth Heritage management principles set out in the Environment Protection and Biodiversity Conservation Regulations 2000. The Minister for the Environment and Water was satisfied that all requisite criteria were met, ensuring that the Plan effectively serves its purpose. The development of this Plan involved statutory public consultation and engagement with the Australian Heritage Council, as well as experts and stakeholders in polar heritage conservation. The Plan incorporates key documents such as the Burra Charter and the Antarctic Archaeological Guidelines to ensure best practices in heritage conservation are upheld. The Minister for the Environment and Water has confirmed that the Plan is compatible with human rights, as it does not engage any of the applicable rights or freedoms outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Mawson Station Heritage Management Plan 2025 is a legislative instrument made under section 341S of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). It applies specifically to the Commonwealth Heritage place known as Mawson Station, located in East Antarctica. The primary purpose of this Plan is to provide a framework for the protection and management of the heritage values of Mawson Station, which includes historical, environmental, and scientific significance. The Plan is designed to be consistent with the Commonwealth Heritage management principles outlined in Schedule 7B of the Environment Protection and Biodiversity Conservation Regulations 2000 and must address matters prescribed by these regulations. The Minister for the Environment and Water, in making the Plan, took into account advice from the Australian Heritage Council and considered public comments received during the statutory consultation period. The Plan is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, as detailed in the attached statement of compatibility. This legislative instrument commenced on the day after its registration on the Federal Register of Legislation and incorporates by reference the Burra Charter and the Antarctic Archaeological Guidelines, 2022, which provide best practice principles for heritage conservation.

Key Provisions

The Mawson Station Heritage Management Plan 2025 (Plan) under Section 341S of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) establishes a framework for the protection and management of the Commonwealth Heritage values at Mawson Station, a Commonwealth Heritage place. The plan addresses matters prescribed by the Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations) and must align with the Commonwealth Heritage management principles outlined in Schedule 7B of the EPBC Regulations. The process of developing the Plan required the agency to take into account advice from the Minister, who consulted with the Australian Heritage Council, and to consider comments from the public and stakeholders, as mandated by subsections 341S(6) and (7) of the EPBC Act. The Minister was satisfied that the requisite criteria for making the Plan were met, making the Plan a legislative instrument that comes into effect on the day after its registration on the Federal Register of Legislation. The Plan imposes obligations on the relevant agency to ensure the protection and management of Mawson Station’s heritage values. It requires the incorporation of best practice guidelines from documents such as The Burra Charter: the Australia ICOMOS Charter for Places of Cultural Significance 2013 and the Antarctic Archaeological Guidelines, 2022. These documents provide principles, processes, and guidelines for heritage conservation and management in Antarctica, respectively. The agency must also consult with the Australian Heritage Council and consider public and stakeholder feedback during the plan's development. The obligations extend to maintaining Australia’s commitment to environmental stewardship and scientific endeavours while preserving the historical significance of Mawson Station. Breach of the requirements set out in the Mawson Station Heritage Management Plan 2025 can lead to both civil and criminal consequences. Under Australian law, the non-compliance with legislative instruments can result in penalties. However, the specific penalties are not detailed within the text of the Plan. Generally, the EPBC Act provides for civil penalty provisions, which can include fines up to $222,200 for individuals and $1,111,100 for bodies corporate, along with potential criminal penalties where serious or repeated breaches occur. The exact penalties would depend on the nature and severity of the breach, as outlined in the relevant legislation. The Mawson Station Heritage Management Plan 2025 is compatible with human rights as recognised or declared in international instruments. A full statement of compatibility is provided in Attachment A, indicating that the Plan does not engage any applicable rights or freedoms, and thus does not raise any human rights issues. This compatibility ensures that the Plan aligns with Australia's obligations under international human rights law while effectively protecting Mawson Station’s heritage values.

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Environmental Law
Heritage Law
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Legislative Instrument
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.