Proclamation under section 9 of the World Heritage Properties Conservation Act 1983 - para 2(b) of the World Heritage Properties Conservation Regulations (26/05/1983)

Overview

The F2008B00769 Legislative Instrument is a proclamation issued under the World Heritage Properties Conservation Act 1983 by the Governor-General of the Commonwealth of Australia, Sir Ninian Martin Stephen, on 26 May 1983. This proclamation was introduced to address the problem of damage and potential destruction of specific areas within the World Heritage properties in Western Tasmania. The enactment was advised by the Federal Executive Council and was made in accordance with subsection 6(3) of the Act. The policy objective behind this legislative instrument was to ensure the conservation of these significant areas by applying section 9 of the Act to the specified regions. This was done to protect and preserve the unique natural and cultural values of these areas, ensuring they remain intact for future generations.

Scope and Application

The proclamation issued under the World Heritage Properties Conservation Act 1983 pertains to specific areas of land in Western Tasmania, as delineated in the Schedule to the World Heritage Properties Conservation Regulations. The Act applies to those areas of land shown on a designated plan, which is marked with specific wording and signed by the Minister for Home Affairs and Environment. The plan, numbered S181/001, is deposited with the Commonwealth Surveyor-General and can be inspected at the Australian Survey Office in Hobart. These areas, coloured red, blue, and yellow on the plan and described by specific coordinates and contour lines, are subject to the Act's provisions aimed at conserving world heritage properties. The geographic reach of the proclamation is confined to the specified regions within the areas described in the Schedule. The proclamation also indicates that certain parts of the property, due to being damaged or at risk of further damage, are now subject to the enhanced protections outlined in section 9 of the Act. The application of the Act can be further extended or modified through subordinate instruments, such as regulations, which may specify additional details or conditions related to the conservation efforts.

Key Provisions

The main operative sections of this legislation concern the declaration of certain areas of land as World Heritage properties under the World Heritage Properties Conservation Act 1983. Section 9 of the Act is invoked to apply to the areas described in the Schedule, which are specified as being subject to damage and potential destruction. Specifically, Section 9 allows for the protection and conservation of these areas, which are deemed to be of outstanding universal value to humanity (Section 9(1)). The Schedule details the specific areas of land affected, with approximately 4585 hectares marked in red and 10320 hectares marked in blue or yellow on a specified plan (Schedule, paragraph (a) and (b)). The plan, which is signed by the Minister for Home Affairs and Environment and deposited with the Commonwealth Surveyor-General, provides the exact co-ordinates, bearings, and references for these areas (Schedule). The Act imposes several obligations on the parties and entities it governs. Firstly, it mandates that the areas described in the Schedule are to be managed and conserved in accordance with the provisions of the World Heritage Properties Conservation Act 1983 (Section 9). This includes implementing measures to prevent damage and further degradation of the land, as well as promoting its preservation for future generations. Additionally, the Act requires that any activities within these areas are conducted in a manner that does not compromise the integrity and authenticity of the World Heritage properties (Section 9(2)). This means that any proposed developments or interventions must be carefully assessed and approved to ensure they do not negatively impact the conservation values of these areas. Failure to comply with the provisions of the Act can result in various consequences, including both civil and criminal penalties. Under the Act, unauthorised activities that cause damage to the World Heritage properties can lead to significant fines and, in severe cases, imprisonment. The maximum penalty for knowingly engaging in activities that damage these protected areas can be up to five years imprisonment, a substantial fine, or both (Section 19). Furthermore, civil penalties may apply for breaches of the regulations, with fines that can be substantial and are intended to deter non-compliance and ensure the protection of these valuable properties. It is clear that the Act takes a stringent stance on ensuring the preservation and conservation of World Heritage properties within the specified areas.