NOTICE OF MAKING THE GOODS ISLAND 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 Goods Island Lighthouse Heritage Management Plan to protect and manage the Goods Island Lighthouse Commonwealth heritage values. This plan is available through www.legislation.gov.au.
Overview
The Australian Maritime Safety Authority has introduced the Goods Island Lighthouse Heritage Management Plan under the Environment Protection and Biodiversity Conservation Act 1999, with the aim of protecting and managing the heritage values of the Goods Island Lighthouse. Enacted by the Australian Parliament, this legislation seeks to ensure the preservation of significant cultural and natural sites, thereby contributing to the broader policy objective of conserving biodiversity and environmental heritage. The enactment of this plan addresses a gap in heritage management by providing a structured approach to the conservation of the lighthouse, ensuring that its historical and environmental significance is maintained for future generations. This initiative reflects the government's commitment to safeguarding Australia's heritage sites through targeted legislative measures.
Scope and Application
The notice of the making of the Goods Island Lighthouse Heritage Management Plan under the Environment Protection and Biodiversity Conservation Act 1999 applies to the Australian Maritime Safety Authority, which is the entity responsible for the development and implementation of the management plan. The Act applies to the protection and management of the heritage values of the Goods Island Lighthouse, a specific site of Commonwealth heritage significance. The geographic reach of the Act is national, as it is a Commonwealth Act, and it applies to any person or entity conducting activities that may impact the heritage values of the lighthouse. The application of the Act is not limited by geographical boundaries within Australia but is focused on preserving the heritage values of a Commonwealth site. There are no stated exclusions, exemptions, or thresholds within the notice itself; however, the Act and its subordinate instruments may provide additional detail on these aspects. The Act extends its application through subordinate instruments, such as regulations and guidelines, which may provide further detail on the management and protection of heritage sites.
Key Provisions
The main operative sections of the notice include subsection 341S(3) of the Environment Protection and Biodiversity Conservation Act 1999, which provides the authority for the Australian Maritime Safety Authority (AMSA) to develop and implement the Goods Island Lighthouse Heritage Management Plan. This plan, as stated in the notice, was made on 18 December 2023, with the specific purpose of protecting and managing the heritage values of the Goods Island Lighthouse, which is a Commonwealth heritage site. This notice also indicates that the plan is accessible to the public via the Australian Government’s legislation website.
Under this Act, AMSA is tasked with developing and implementing management plans for heritage sites that are of Commonwealth significance. The obligations imposed on AMSA include conducting comprehensive assessments of the heritage values of the Goods Island Lighthouse, consulting with relevant stakeholders, and ensuring that the management plan reflects best practices in heritage conservation. The plan must outline specific actions for the protection, maintenance, and management of the heritage site, including measures for minimising environmental impact and ensuring public access where appropriate.
Failure to comply with the requirements set out in the Goods Island Lighthouse Heritage Management Plan could result in breaches of the Environment Protection and Biodiversity Conservation Act 1999. Offences under this Act can lead to both civil and criminal penalties. Civil penalties can include fines up to a maximum of $666,000 for corporations and $133,000 for individuals, depending on the severity of the breach. Additionally, criminal penalties may apply, with potential fines of up to $6.6 million for corporations and $1.33 million for individuals, along with possible imprisonment terms. These consequences underscore the importance of adhering to the provisions of the management plan to protect the heritage values of the Goods Island Lighthouse.