Tasman Island Lighthouse Heritage Management Plan 2023

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2023L01287 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

Tasman Island Lighthouse Heritage Management Plan 2023

 

Authority

Section 341S of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) requires that the Commonwealth Agency that owns or controls a Commonwealth Heritage place must make a written management plan to provide for the protection and management of the values of the Commonwealth Heritage place.

The Tasman Island Lighthouse and adjacent land is currently owned by the State of Tasmania. However, the Australian Maritime Safety Authority (AMSA) controls the site within the meaning of “control” at section 528 of the EPBC Act on the basis that AMSA holds a lease for the site from the Minister administering the National Parks and Reserves Management Act 2002 (TAS) (formerly the National Parks and Wildlife Act 1970 (TAS)), and operates the lighthouse in exercise of statutory powers conferred on the Authority at Chapter 6, Part 5 of the Navigation Act 2012 (Cth).

This management plan, the Tasman Island Lighthouse Heritage Management Plan 2023 (the Plan), provides for the protection and management of the values of the Tasman Island Lighthouse.

Purpose and overview

Built 1906, Tasman Island Lighthouse is a historic site recognised by both the Commonwealth and the Tasmanian State Government for its heritage significance. The Lighthouse is renowned as the last lighthouse to be built by the Tasmanian State Government, and recognised for its intactness and its aesthetic value as one of the tallest lighthouses in Australia.  

The Lighthouse was included on the Commonwealth Heritage List in 2004 for its cultural significance. This listing recognises the cultural values of the place.

 

The Plan provides for the future management of the Tasman Island Lighthouse by AMSA, with the objective of identifying, protecting, conserving, presenting and transmitting its Commonwealth heritage values. The Plan contains a detailed description of the history and cultural significance of the Lighthouse, as well as its physical elements and condition. Importantly, the Plan sets out the operational requirements for the management of the Lighthouse, heritage management policies that guide the management and protection of the Commonwealth heritage values of the Lighthouse and plans for AMSA to implement such operational requirements and policies.

The Plan addresses all matters prescribed by Schedule 7A of the Environment Protection and Biodiversity Conservation Regulations 2000 and is consistent with the Commonwealth Heritage Management Principles set out in Schedule 7B of those regulations.

 

Consultation

On 4 May 2022 notices of the draft Plan were published in the Australian newspaper and on AMSA’s public website. A copy of the draft Plan was published on AMSA’s website. The public consultation period closed on 1 June 2022. Two submissions were received. AMSA also consulted with the Tasmanian Parks and Wildlife Service, the Friends of Tasman Island (Wildcare) and the Department of Primary Industries, Parks, Water and Environment (Aboriginal Heritage Tasmania). AMSA also initiated contact with the Tasmanian Aboriginal Corporation Inc. and the Parrdarrama Pungenna Aboriginal Corporation.

 

The feedback received (consisting of historical information, significant associations held by the local community, and significant sites in the vicinity of the lighthouse) was adopted into the plan.

 

In accordance with paragraph 341S(6)(a) of the EPBC Act, the Minister for the Environment was asked for advice on the Plan as proposed. On 18 July 2023, the Minister's delegate confirmed that the Plan complied with the requirements of the EPBC Act and the Commonwealth Heritage Management Principles.

 

The Office of Impact Analysis (OIA) considers that the changes made by the Plan have regulatory impacts of a minor or machinery nature and no regulation impact statement is required. The OIA reference number is 42955.

 

Documents incorporated by reference

There are two publications mentioned in the Plan, being Burra Charter and also Working Together: Managing Commonwealth Heritage Places. These documents are guidance in nature and suggest methodologies, process and strategies for conservation management of sites, including fixtures and items of historical significance. As important reference tools, these documents provide context for AMSA’s decision making process for the management of Tasman Island Lighthouse as a Commonwealth heritage place.

The mention of each document is to the latest edition.

The Burra Charter is a publication that defines the basic principles and procedures that may be followed in the conservation of a cultural heritage place.

Working Together: Managing Commonwealth Heritage Places is another guide that is published for Commonwealth agencies like AMSA to better understand the management requirements for Commonwealth Heritage places subject to the Environment Protection and Biodiversity Conservation Act regime.

Both the Burra Charter and Working Together: Managing Commonwealth Heritage Places are accessible and free of charge.

The Burra Charter is available at https://australia.icomos.org.

Working Together: Managing Commonwealth Heritage Places is available at https://www.awe.gov.au/parks-heritage/heritage/publications.

Review

The Plan was made by AMSA on 5 September 2023.

 

In accordance with section 341X of the EPBC Act a review must be carried out within five years of the management plan being made.

 

Statement of Compatibility with Human Rights

This statement is prepared in accordance with section 9 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the instrument

Section 341S of the EPBC Act requires that the Commonwealth Agency that owns or controls a Commonwealth Heritage place must make a written management plan to provide for the protection and management of the values of the Commonwealth Heritage place. The Plan provides such a framework for the Tasman Island Lighthouse.

The Plan provides for the future management of the Tasman Island Lighthouse by AMSA, with the objective of identifying, protecting, conserving, presenting and transmitting its Commonwealth heritage values.

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Making the instrument

The Plan has been made by the Chief Executive Officer of the AMSA in accordance with subsection 49(4) of the Australian Maritime Safety Authority Act 1990.

Overview

The Tasman Island Lighthouse Heritage Management Plan 2023 is a document established under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) to address the management needs of the Tasman Island Lighthouse, which holds significant cultural heritage value. Enacted by the Australian Maritime Safety Authority (AMSA), the plan was formulated in response to the requirement under section 341S of the EPBC Act that any Commonwealth Agency owning or controlling a Commonwealth Heritage place must create a written management plan to protect and manage the values of that place. The plan aims to identify, protect, conserve, present, and transmit the heritage values of the Tasman Island Lighthouse, ensuring its historical and cultural significance is preserved for future generations. The management plan incorporates feedback received during a public consultation period and adheres to the Commonwealth Heritage Management Principles. A review of the plan is mandated within five years of its creation, in line with section 341X of the EPBC Act.

Scope and Application

The Tasman Island Lighthouse Heritage Management Plan 2023 is a management plan formulated under section 341S of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). It applies to the Australian Maritime Safety Authority (AMSA), which controls the Tasman Island Lighthouse site under a lease from the Tasmanian Minister. The Plan aims to protect and manage the values of the Tasman Island Lighthouse, which is recognised for its cultural significance and included on the Commonwealth Heritage List. The Plan sets out the operational requirements and policies for the management and protection of the lighthouse's heritage values, detailing its history, cultural significance, physical elements, and condition. The plan’s geographic reach is specific to Tasman Island, and it does not engage any of the applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011. The Plan was reviewed and confirmed by the Minister's delegate on 18 July 2023, and it is subject to a review within five years of its creation in accordance with section 341X of the EPBC Act.

Key Provisions

Section 341S of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) mandates that the Commonwealth agency responsible for a Commonwealth Heritage place must develop a written management plan to protect and manage the values of that place. The Tasman Island Lighthouse Heritage Management Plan 2023 (the Plan) is an example of such a plan, created by the Australian Maritime Safety Authority (AMSA) for the Tasman Island Lighthouse, which is recognised for its cultural significance and historical importance. The Plan outlines the operational requirements for managing the Lighthouse, sets out heritage management policies, and details the plans AMSA will implement to uphold these policies. The Plan imposes several obligations on AMSA, including the development and execution of operational requirements and policies designed to safeguard the cultural heritage values of the Tasman Island Lighthouse. AMSA must adhere to these policies and operational requirements, ensuring the Lighthouse's protection, conservation, and presentation in line with the objectives of the Plan. Additionally, AMSA is obligated to review the Plan within five years of its creation, as per section 341X of the EPBC Act. This review process is crucial to ensure the Plan remains effective and relevant in managing the Lighthouse's heritage values. The Plan does not explicitly outline specific offences, penalties, or consequences for breaches. However, the failure to comply with the management plan could potentially lead to legal and administrative repercussions under the EPBC Act. The EPBC Act provides for various enforcement mechanisms, including fines and other penalties, for breaches of the Act or its regulations. While the Plan itself does not detail these penalties, breaches of the EPBC Act could result in significant legal consequences for AMSA. The consultation process for the Plan involved public notices and submissions, with feedback from the public and relevant stakeholders being incorporated into the final document. This process ensures that the Plan reflects a broad range of perspectives and concerns, enhancing its effectiveness and acceptance. The Minister for the Environment's delegate confirmed that the Plan complied with the EPBC Act and the Commonwealth Heritage Management Principles, further validating the Plan's adherence to legal requirements. The Office of Impact Analysis determined that the regulatory impacts of the Plan were minor or machinery in nature, thus no regulation impact statement was required.

Legal classification tags

Area of Law
Environmental Law
Instrument
Plan
Concepts
Definitions & Interpretation
Consultation Requirements
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.