NOTICE OF MAKING THE CAPE BAILY LIGHTHOUSE HERITAGE MANAGEMENT PLAN UNDER THE ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999
The Australian Maritime Safety Authority gives notice pursuant to subsection 341S (3) of the Environment Protection and Biodiversity Conservation Act 1999, that on 22 February 2024, it made the Cape Baily Lighthouse Heritage Management Plan to protect and manage the Cape Baily Lighthouse Commonwealth heritage values. This plan is available through www.legislation.gov.au.
Overview
The Cape Baily Lighthouse Heritage Management Plan was enacted under the Environment Protection and Biodiversity Conservation Act 1999, and it was brought into effect by the Australian Maritime Safety Authority on 22 February 2024. This plan was introduced to address the need for a structured management approach to preserve the cultural, historical, and environmental significance of the Cape Baily Lighthouse. The policy objective of this Act, as stated in the text, is to protect and manage the heritage values associated with the Cape Baily Lighthouse. The plan was formulated to ensure the sustainable management of this significant site, reflecting the Commonwealth's commitment to heritage conservation and environmental protection.
Scope and Application
The Cape Baily Lighthouse Heritage Management Plan, made under the Environment Protection and Biodiversity Conservation Act 1999, applies to the management of the Cape Baily Lighthouse's heritage values, ensuring their protection and preservation. This Act applies to the Commonwealth of Australia and specifically targets the Cape Baily Lighthouse, a significant heritage site. The plan encompasses all activities and conduct that may impact the site's heritage values, extending to any entity or person involved in actions that could affect the lighthouse. The geographic scope of this legislation is national, reflecting the importance of the site as a Commonwealth heritage place. While the Act broadly applies to the management of heritage values, certain exclusions and exemptions may be applicable, which are detailed in the Act itself or through any subordinate instruments that may be issued. These instruments can further define and restrict the application of the Act, providing additional clarity or specific conditions for the management of the heritage site.
Key Provisions
The Cape Baily Lighthouse Heritage Management Plan, made by the Australian Maritime Safety Authority (AMSA) under subsection 341S(3) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), serves to protect and manage the heritage values associated with the Cape Baily Lighthouse. This plan, which was made on 22 February 2024, is intended to ensure the preservation and sustainable use of this heritage site. The specifics of the plan, including its provisions, are accessible through the Australian Government's legislative website, www.legislation.gov.au.
Under this plan, the primary obligations placed on parties and entities include the requirement to adhere to the strategies and guidelines outlined within the plan to protect the heritage values of the Cape Baily Lighthouse. This involves a comprehensive approach to management, which may include specific conservation measures, maintenance protocols, and activities that are permitted or restricted to safeguard the site. The plan likely sets out clear directives on how stakeholders should interact with the heritage site, including guidelines on tourism, research, and any necessary restoration works.
The plan also imposes specific requirements on any proposed activities that may affect the heritage values of the Cape Baily Lighthouse. This includes a need for approval or assessment by AMSA before any significant actions can be undertaken, ensuring that any proposed developments or changes are in line with the conservation objectives of the plan. The obligations extend to all relevant parties, including government agencies, private entities, and individuals who may interact with the site.
Failure to comply with the provisions of the Cape Baily Lighthouse Heritage Management Plan may result in legal consequences. Under the EPBC Act, breaches of the plan or its associated conditions could lead to civil and criminal penalties. The EPBC Act provides for substantial fines and potential imprisonment for serious or repeated offences. Specifically, the maximum penalties for contravening the Act can include fines of up to AUD 1.1 million for corporations and AUD 220,000 for individuals, alongside or in addition to imprisonment terms of up to five years for individuals. These penalties underscore the importance of adhering to the plan and highlight the legal ramifications of non-compliance.