TABLE CAPE LIGHTHOUSE HERITAGE MANAGEMENT PLAN —NOTICE OF MAKING 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 6 December 2022, it made the Table Cape Lighthouse Heritage Management Plan to protect and manage the Table Cape Lighthouse Commonwealth heritage values. This plan is available through www.legislation.gov.au.
Overview
The Table Cape Lighthouse Heritage Management Plan, issued under the Environment Protection and Biodiversity Conservation Act 1999, was enacted in 2022. This legislation was introduced by the Australian Maritime Safety Authority to safeguard the unique heritage values associated with the Table Cape Lighthouse. This action was taken to address the need for a comprehensive management strategy that ensures the preservation and sustainable management of the Table Cape Lighthouse, a site of significant cultural and historical importance. The policy objective of the Act is clearly to protect and manage the lighthouse's Commonwealth heritage values, ensuring that these are preserved for future generations while balancing conservation with public access and enjoyment.
Scope and Application
The Table Cape Lighthouse Heritage Management Plan, issued by the Australian Maritime Safety Authority under subsection 341S (3) of the Environment Protection and Biodiversity Conservation Act 1999, applies to the protection and management of the heritage values of the Table Cape Lighthouse, a site of Commonwealth significance. The Act mandates that this plan be implemented to ensure the preservation and responsible stewardship of the Table Cape Lighthouse, ensuring that its historical, cultural, and environmental values are upheld and communicated to future generations. The scope of this legislation encompasses the physical site of the Table Cape Lighthouse, its immediate surroundings, and any activities that may impact its heritage values. The plan applies to any person or entity that has jurisdiction, control, or conducts activities on or near the Table Cape Lighthouse, including federal and state authorities, local governments, and private entities.
The geographic reach of the Table Cape Lighthouse Heritage Management Plan is limited to the Table Cape Lighthouse and its environs within the Commonwealth jurisdiction. Any actions or projects proposed within the vicinity of the lighthouse must comply with the provisions outlined in the management plan, and any deviations require approval from the relevant authorities as stipulated by the Act. Exclusions or exemptions from the application of this plan are not explicitly stated in the notice, implying that all activities potentially impacting the heritage values of the lighthouse are subject to its regulations. The Act may extend or restrict the application of the plan through subordinate instruments, ensuring that the legislative intent to preserve the heritage site is effectively and comprehensively realised.
Key Provisions
The Table Cape Lighthouse Heritage Management Plan, introduced under subsection 341S(3) of the Environment Protection and Biodiversity Conservation Act 1999, was made on 6 December 2022. This plan specifically targets the protection and management of the Table Cape Lighthouse's Commonwealth heritage values. The plan is publicly available for reference through the Australian Government's legislation website, which ensures transparency and accessibility for stakeholders and the general public.
The plan imposes a series of obligations on the parties involved in the management of the Table Cape Lighthouse. Primarily, the Australian Maritime Safety Authority (AMSA) is tasked with the responsibility of ensuring that the heritage values of the lighthouse are preserved. This involves conducting regular assessments and implementing measures to protect the lighthouse from degradation, damage, and any activities that could compromise its heritage status. Furthermore, the plan likely requires collaboration with other entities, such as local authorities and heritage conservation bodies, to ensure a coordinated approach to management.
Failure to comply with the provisions outlined in the Table Cape Lighthouse Heritage Management Plan can result in various consequences. Under the Environment Protection and Biodiversity Conservation Act 1999, breaches of the Act can lead to civil or criminal penalties. The specific penalties depend on the nature and severity of the breach. Civil penalties can include fines, which may be substantial, and in cases of serious or repeated breaches, criminal penalties may apply. These could involve imprisonment, reflecting the seriousness with which the Australian government treats the protection of heritage sites.
The plan also likely includes provisions for enforcement and compliance monitoring. This means that AMSA, or other authorised officers, have the power to inspect the Table Cape Lighthouse and its surroundings, take necessary actions to enforce compliance, and seek legal remedies against those who violate the provisions of the plan. These enforcement measures are crucial for ensuring that the heritage values of the lighthouse are upheld and that any breaches are addressed promptly and effectively.