NOTICE OF MAKING THE CAPE ST ALBANS 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 18 December 2023, it made the Cape St Albans Lighthouse Heritage Management Plan to protect and manage the Cape St Albans Lighthouse Commonwealth heritage values. This plan is available through www.legislation.gov.au.
Overview
The Australian Maritime Safety Authority has introduced the Cape St Albans Lighthouse Heritage Management Plan under the Environment Protection and Biodiversity Conservation Act 1999. Enacted by the Parliament of Australia, this legislation aims to safeguard Australia's natural and cultural heritage. The policy objective of this plan is to ensure the protection and management of the Cape St Albans Lighthouse, a significant Commonwealth heritage site, by preserving its historical and environmental values for future generations. The Authority issued this notice on 18 December 2023, indicating the formal implementation of the plan, which is accessible via the official government website.
Scope and Application
The Cape St Albans Lighthouse Heritage Management Plan, made under the Environment Protection and Biodiversity Conservation Act 1999, applies to the Cape St Albans Lighthouse and its surrounding area, specifically focusing on the protection and management of its Commonwealth heritage values. This legislation pertains to the Australian Maritime Safety Authority, which is responsible for creating and implementing the management plan, and it involves anyone or any entity engaged in activities that may affect the heritage values of the lighthouse. The geographic reach of this Act is limited to the Commonwealth level, applying across Australia, and is intended to ensure the preservation of the lighthouse's historical and cultural significance. The Act does not specify any exclusions, exemptions, or thresholds in this particular notice; however, the broader Environment Protection and Biodiversity Conservation Act 1999 may contain provisions that could affect the scope of this specific plan. Subordinate instruments may further extend or restrict the application of the Act, though these are not detailed in the current notice.
Key Provisions
The main operative sections of the Cape St Albans Lighthouse Heritage Management Plan, which was made under the Environment Protection and Biodiversity Conservation Act 1999 (the Act), are contained within the Act itself. Section 341S(3) of the Act provides the legal basis for the creation of this management plan, establishing the framework through which the Australian Maritime Safety Authority can protect and manage the heritage values of the Cape St Albans Lighthouse. The plan is designed to ensure that the heritage values of the lighthouse are preserved for future generations while allowing for sustainable use and management of the site.
The obligations and requirements imposed by this Act on the parties involved include the implementation of the Cape St Albans Lighthouse Heritage Management Plan. The Australian Maritime Safety Authority, as the responsible authority, must ensure that the plan is followed and that the heritage values of the lighthouse are protected. This involves measures such as maintaining the physical integrity of the lighthouse, managing visitor access, and ensuring that any activities in the area do not adversely affect the heritage values. Additionally, any persons or entities conducting activities in the vicinity of the lighthouse must comply with the requirements set out in the management plan to avoid any negative impacts on the heritage site.
Failure to comply with the provisions of the Cape St Albans Lighthouse Heritage Management Plan, or the Act more broadly, can result in civil and criminal consequences. Under the Act, breaches of the management plan can result in fines and penalties. Specifically, for corporations, the maximum penalty for a breach of the Act can be up to $210,000 for each day of the offence, while for individuals, the maximum penalty can be up to $31,500 for each day of the offence. Furthermore, in cases of serious or repeated breaches, the courts may also order injunctive relief or other remedies to ensure compliance with the Act and the management plan. These provisions underscore the importance of adhering to the requirements set out in the management plan to avoid potential legal repercussions.