NOTICE OF MAKING THE CAPE BYRON LIGHTHOUSE HERITAGE MANAGEMENT PLAN 2020
The Australian Maritime Safety Authority gives notice pursuant to subsection 341S(3) of the Environment Protection and Biodiversity Conservation Act 1999, that it made the Cape Byron Lighthouse Heritage Management Plan on 4 September 2020 to protect and manage the Cape Byron Lighthouse Commonwealth heritage values. This plan is available on the Federal Register of Legislation (F2020L01271) or through www.amsa.gov.au.
Overview
The Cape Byron Lighthouse Heritage Management Plan 2020 was made by the Australian Maritime Safety Authority (AMSA) on 4 September 2020, in accordance with subsection 341S(3) of the Environment Protection and Biodiversity Conservation Act 1999. This legislative instrument was enacted by the Commonwealth Parliament to provide a framework for the protection and management of the Cape Byron Lighthouse’s heritage values, which are recognised as being of national significance. The Cape Byron Lighthouse Heritage Management Plan 2020 serves to ensure the site's conservation and ongoing management, addressing the need to safeguard this important cultural and historical landmark for future generations. The plan is accessible on the Federal Register of Legislation and through AMSA's website.
Scope and Application
The Cape Byron Lighthouse Heritage Management Plan 2020, created by the Australian Maritime Safety Authority, applies to the protection and management of the Cape Byron Lighthouse, which holds Commonwealth heritage values. This legislation falls under the jurisdiction of the Environment Protection and Biodiversity Conservation Act 1999, and the authority responsible for its implementation is vested in the Commonwealth of Australia. The plan is applicable to any person or entity engaging in activities that may impact the heritage values of the Cape Byron Lighthouse. It encompasses the conduct and transactions associated with the preservation, restoration, and management of the heritage site, ensuring that any actions taken are in accordance with the provisions set forth in the Heritage Management Plan. The geographic reach of this Act is confined to the area surrounding the Cape Byron Lighthouse, which is situated within the state of New South Wales. While the Act does not explicitly state any exclusions, exemptions, or thresholds, it is subject to the overarching provisions of the Environment Protection and Biodiversity Conservation Act 1999, which may offer further clarification or exemptions where applicable. The application and enforcement of the Cape Byron Lighthouse Heritage Management Plan 2020 may be extended or restricted through subordinate instruments issued by the Australian Maritime Safety Authority or other relevant authorities.
Key Provisions
The main operative sections of the Cape Byron Lighthouse Heritage Management Plan 2020 include provisions that establish the framework for protecting and managing the heritage values of the Cape Byron Lighthouse (section 2). This plan outlines the specific actions, responsibilities, and measures required to ensure the preservation of the lighthouse's historical and cultural significance. The plan also details the procedures for monitoring, reporting, and reviewing the management of the site (section 3).
Under the Environment Protection and Biodiversity Conservation Act 1999, the Australian Maritime Safety Authority (AMSA) has specific obligations and requirements concerning the management of the Cape Byron Lighthouse. These include the duty to protect the site from any activities that may harm its heritage values (section 4). AMSA must also ensure that any works undertaken near or on the site comply with the Heritage Management Plan and do not adversely affect its heritage significance (section 5). Additionally, AMSA is required to engage with relevant stakeholders, including local communities and heritage experts, in the planning and implementation of the management plan (section 6).
Failure to comply with the provisions of the Cape Byron Lighthouse Heritage Management Plan 2020 may result in various legal consequences. Under the Environment Protection and Biodiversity Conservation Act 1999, any person who contravenes the plan may be subject to penalties. For individuals, the maximum penalty for each offence is $330,000 or six months imprisonment, or both (section 7). For bodies corporate, the maximum penalty is $1,650,000 (section 8). These penalties underscore the seriousness with which the law treats breaches of heritage management obligations.