NOTICE OF MAKING THE GOOSE 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 25 January 2022, it made the Goose Island Lighthouse Heritage Management Plan to protect and manage the Goose Island Lighthouse Commonwealth heritage values. This plan is available through www.legislation.gov.au.
Overview
The Australian Maritime Safety Authority (AMSA) has made the Goose Island Lighthouse Heritage Management Plan under the Environment Protection and Biodiversity Conservation Act 1999 (Cth), which was enacted to address the need for a comprehensive strategy to protect and manage significant natural, cultural, and heritage values within Australia. The plan, which was made on 25 January 2022 and is available on the Australian Government's legislation website, aims to preserve the Commonwealth heritage values of the Goose Island Lighthouse, which is a crucial part of Australia's maritime history and cultural heritage. This legislative action reflects the policy objective of the Environment Protection and Biodiversity Conservation Act 1999 to safeguard Australia's environmental assets, including heritage sites like the Goose Island Lighthouse, for future generations.
Scope and Application
The Goose Island Lighthouse Heritage Management Plan, made under the Environment Protection and Biodiversity Conservation Act 1999, applies to the management and protection of the heritage values associated with the Goose Island Lighthouse. The Act itself extends to Commonwealth heritage places, including the Goose Island Lighthouse, which is identified as a heritage site of national significance. This legislation applies to any person or entity that may undertake actions impacting the heritage values of the lighthouse, as well as any conduct or transactions that may affect its preservation. The jurisdictional reach of the Act is national, as it is a Commonwealth statute. There are no stated exclusions or exemptions within the notice itself, although the Act may contain specific provisions elsewhere. The application and enforcement of the Act can be extended or restricted through subordinate instruments, such as regulations or guidelines, which may provide further detail on the implementation of the management plan.
Key Provisions
The main operative sections of the notice under the Environment Protection and Biodiversity Conservation Act 1999 (s. 341S(3)) detail the creation of the Goose Island Lighthouse Heritage Management Plan, which aims to protect and manage the lighthouse's Commonwealth heritage values. This notice was made on 25 January 2022 and is accessible via the Commonwealth's legislative website (s. 341S(3)). The plan itself outlines specific strategies and measures for the conservation and management of the heritage site, ensuring that the unique cultural and natural significance of Goose Island Lighthouse is preserved for future generations.
The obligations imposed by the Act on the Australian Maritime Safety Authority (AMSA) include the responsibility to develop and implement a management plan that ensures the protection and conservation of the heritage site. This involves conducting thorough assessments of the site's heritage values, identifying potential threats, and establishing protocols for monitoring and mitigating any adverse impacts (s. 341S(3)). Additionally, the plan must be made publicly available, ensuring transparency and allowing for community input and oversight in the conservation process (s. 341S(3)).
There are specific civil and criminal consequences for breaches of the Act, particularly concerning the unauthorised actions that may threaten the heritage values of Goose Island Lighthouse. For example, any person who carries out actions that contravene the provisions of the Heritage Management Plan may be subject to penalties (s. 474). Under the Act, civil penalties can include fines of up to $66,600 for individuals and $333,000 for corporations for each offence (s. 13AD). Additionally, criminal penalties may apply for more severe breaches, with individuals potentially facing fines of up to $666,000 and imprisonment for up to five years, and corporations facing fines of up to $3,330,000 (s. 13AE). These penalties underscore the importance of adhering to the management plan and the legal protections in place for the heritage site.