World Heritage Properties Conservation Act 1983
PROCLAMATION
I, WILLIAM GEORGE HAYDEN, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 7 of the World Heritage Properties Conservation Act 1983, being satisfied that the property described in the Schedule is likely to be damaged, declare that property to be property to which section 10 of that Act applies.
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SCHEDULE
All that area bounded by a line commencing at the point of intersection of the meridian of Longitude 146°02’02” East and the Mean Low Water Mark of the coastline of the Australian mainland near the township of Cardwell (approximate Latitude 18°16’20” South), running then in a north-easterly direction in a straight line to the point of intersection of Latitude 18°16’05” South and Longitude 146°02’44” East, then in a south-easterly direction in a straight line to the point of intersection of Latitude 18°16’18” South and Longitude 146°03’18” East, then in a south-easterly direction in a straight line to the point of intersection of Latitude 18°16’54” South and Longitude 146°03’29” East, then in a south-westerly direction in a straight line to the point of intersection of Latitude 18°17’18” South and the Mean Low Water Mark of the coastline of the Australian mainland (approximate Longitude 146°03’06”), and then in a generally north-westerly direction along the line of Mean Low Water Mark to the point of commencement.
Signed and sealed with the
Great Seal of Australia on
15-11-94
(L.S.)
BILL HAYDEN
Governor-General
By His Excellency’s Command,
JOHN FAULKNER
Minister for the Environment, Sport and Territories
Overview
The World Heritage Properties Conservation Act 1983 was enacted to ensure the protection and conservation of properties that have been designated as World Heritage Sites, in accordance with Australia's obligations under the World Heritage Convention. This Act was introduced to address the need for a legislative framework that enables the federal government to take measures to safeguard such properties from potential damage. The enactment of this Act was overseen by the Parliament of Australia, with the intent to uphold the international commitment to preserving sites of outstanding universal value. The policy objective of the Act is to provide a legal basis for the Australian government to intervene and protect World Heritage properties within its jurisdiction, ensuring their conservation for future generations.
In a specific instance, the World Heritage Properties Conservation Act 1983 was invoked to declare a particular property, delineated in the Schedule, as one that is likely to be damaged. This proclamation, made by the Governor-General of the Commonwealth of Australia on the advice of the Federal Executive Council, activates the provisions of section 10 of the Act. This step is crucial to ensure that appropriate conservation measures are implemented to mitigate any potential harm to the site, thereby fulfilling Australia's duty under the World Heritage Convention.
Scope and Application
The World Heritage Properties Conservation Act 1983 applies to any property identified as a World Heritage site, which may include individuals, entities, and industries that operate within the designated area. This Act seeks to protect and conserve World Heritage properties by preventing damage to the sites. The geographic reach of the Act is national, as it pertains to properties within the Commonwealth of Australia that are listed as World Heritage sites. The Act’s jurisdictional reach extends to ensuring that any activities that could potentially harm these sites are regulated. Subordinate instruments may further define the scope and application of the Act, providing additional regulations or exemptions as necessary. The Act’s application is comprehensive, encompassing all conduct and transactions within the specified boundaries of the declared property, thereby protecting the cultural and natural significance of the World Heritage site.
Key Provisions
The main operative sections of the World Heritage Properties Conservation Act 1983, as evidenced by the Proclamation, pertain to the declaration of a specific property as one that is likely to be damaged and thus subject to the protective provisions of section 10 (section 7). This declaration identifies a clearly defined geographic area that falls within the protection of the Act, ensuring that it receives the necessary conservation efforts to preserve its integrity and value. The Schedule provides a precise description of the property's boundaries, allowing for unambiguous identification and enforcement of the Act's provisions.
Under the Act, certain obligations and requirements are imposed on the parties or entities that fall within the jurisdiction of this legislative instrument. These obligations likely include the necessity to engage in conservation activities that are consistent with the Act's aims, to refrain from actions that could damage the property, and to comply with any additional regulations or guidelines issued under the authority of the Act. The Act aims to ensure that the property remains in a state of integrity and conservation, reflecting its cultural, historical, or natural significance.
There are potential consequences for any breaches of the Act's provisions, including offences and penalties. Although the specific details of penalties are not provided in the excerpt, it is reasonable to infer that breaches could lead to both civil and criminal sanctions. Civil penalties might include fines, while criminal penalties could result in imprisonment or other forms of penal consequences, depending on the severity and nature of the breach. The maximum penalties would be determined according to the specific provisions of the Act and the circumstances of each case. Compliance is crucial, as non-compliance could lead to significant legal repercussions for the offending party.