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), and proceeding in a north-easterly direction in a straight line to the point of intersection of Latitude 18°15’55” South and Longitude 146°02’25” East, then in a south-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-westerly 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-easterly direction in a straight line to the point of intersection of Latitude 18°17’48” South and Longitude 146°04’10” East,
then in a south-westerly direction in a straight line to the point of intersection of Latitude 18°18’12” South and the Mean Low Water Mark of the coastline of the Australian mainland (approximate Longitude 146°03’ 48” East), 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 by the Commonwealth Parliament to address the need for the conservation and protection of world heritage properties within Australian territory, ensuring their preservation for future generations. The Act provides a legal framework to safeguard these sites against potential damage and deterioration, aligning with Australia’s commitment to the World Heritage Convention. The Act empowers the Governor-General, on the advice of the Federal Executive Council, to declare certain properties as protected under the legislation, thereby enforcing strict conservation measures. The policy objective is to maintain the cultural and natural integrity of these sites, fostering both national and international recognition of Australia's commitment to heritage preservation.
Scope and Application
The World Heritage Properties Conservation Act 1983 is a Commonwealth legislation that applies to any property declared under section 10 of the Act to ensure its conservation, as well as to any person or entity that may have an interest or be involved in activities that could affect such properties. The geographic reach of the Act extends to any property within the Australian jurisdiction that is deemed to have world heritage value, as specified in the Act's Schedule. The proclamation under this Act extends its application to specific areas identified within the Schedule, which in this case is an area bounded by a series of geographic coordinates around Cardwell, Queensland. The Act is designed to protect these areas from potential damage, with the Governor-General empowered to declare properties under its purview. The proclamation also indicates that this specific area is subject to the protective measures outlined in the Act, ensuring that any actions that could impact the conservation of the world heritage site are regulated.
Key Provisions
The World Heritage Properties Conservation Act 1983 (WHPCA) includes a proclamation under section 7, which allows for the declaration of properties that are likely to be damaged as subject to section 10 of the Act. This particular proclamation, signed by the Governor-General, specifies a particular area bounded by geographical coordinates and outlines the property that is subject to the conservation measures under section 10. The coordinates provided describe a specific region, ensuring clarity and precision about the geographical area intended to be protected. The boundaries are meticulously defined, from the point of intersection of certain longitude and latitude points, to the Mean Low Water Mark of the coastline, forming a closed loop that designates the exact area of concern.
The Act imposes several obligations on parties or entities within the declared property. Firstly, it mandates that any activities within this area must be conducted in a manner that preserves the integrity and heritage value of the property. This includes minimising any potential damage to the environment and historical sites. Secondly, it requires that any developments or activities that could impact the property must be assessed for their environmental effects and must be approved by the relevant authorities before proceeding. This ensures that any actions taken are in line with the conservation goals of the Act. Finally, it also requires the establishment and maintenance of monitoring systems to track the condition of the property and to ensure compliance with the conservation measures.
Failure to comply with the obligations imposed by the WHPCA can lead to several consequences. Firstly, there are potential civil and criminal penalties for those who engage in activities that damage the property or fail to comply with the Act’s requirements. Civil penalties can include fines up to a specified amount, which is determined based on the severity and impact of the breach. For criminal offences, individuals may face imprisonment, with the maximum penalty varying depending on the nature and extent of the violation. Additionally, entities such as corporations may also face fines and other sanctions that can significantly impact their operations. The Act ensures that there are strong deterrents against non-compliance, thereby reinforcing the importance of preserving the heritage and environmental integrity of the designated property.