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 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°16’42” South and the Mean Low Water Mark of the coastline of the Australian mainland in the vicinity of Oyster Point, 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 ensure the protection of World Heritage properties in Australia. This Act was introduced to address the need for the conservation and preservation of sites of outstanding universal value to humanity. The Act aims to provide for the protection of World Heritage properties and to ensure their conservation for the benefit of present and future generations. Under section 7 of this Act, the Governor-General, acting with the advice of the Federal Executive Council, can declare a property to be subject to the provisions of the Act if satisfied that it is likely to be damaged. The legislative instrument in question, F2009B00042, is an example of this authority being exercised to protect a specific area of coastline near Cardwell, Queensland, from potential harm.
Scope and Application
The World Heritage Properties Conservation Act 1983 applies to any person or entity involved in activities that could potentially damage World Heritage properties, specifically those declared under section 10 of the Act. The geographic reach of this legislation is national, as it pertains to the conservation of World Heritage properties across Australia. The Act extends to regulating conduct and transactions that might affect these properties, imposing strict controls to ensure their preservation. The proclamation, made by the Governor-General, designates a specific area in Queensland as a property likely to be damaged, thereby bringing it under the protective scope of the Act. This encompasses the boundaries specified in the Schedule, which meticulously defines the area by geographical coordinates. Notably, the Act does not specify exclusions or exemptions within the text of the proclamation itself, but it is understood that the application of the Act may be further refined or expanded through subordinate instruments, providing flexibility in addressing specific conservation needs.
Key Provisions
The World Heritage Properties Conservation Act 1983, under section 10, provides for the protection of certain properties that are likely to be damaged. This legislative instrument declares a specific property to be subject to these provisions (s. 7). The proclaimed property is described in detail in the Schedule, which delineates its boundaries using precise geographic coordinates and landmarks. The property in question is bounded by a series of straight lines connecting points defined by latitude and longitude, and it extends to the coastline, as indicated by the Mean Low Water Mark. The proclamation was made by the Governor-General, William George Hayden, following the advice of the Federal Executive Council, and it was signed and sealed with the Great Seal of Australia on 15 November 1994.
The Act imposes several obligations on the parties and entities that interact with the proclaimed property. The key requirement is to prevent any activities that may cause damage to the property, as it is now under special protection due to its inclusion in the Act. This includes adhering to any additional regulations or guidelines that may be established to further safeguard the property. Entities such as government agencies, local authorities, and private individuals must ensure that their actions do not lead to harm or degradation of the property's integrity.
Failure to comply with the provisions of the Act may result in various legal consequences. The Act does not explicitly detail offences, penalties, or consequences for breaches within the proclamation itself, but it operates under the broader framework of the World Heritage Properties Conservation Act 1983. Under the main Act, unauthorised activities that cause damage to a World Heritage property can lead to criminal charges, fines, and imprisonment. The specific penalties are outlined in other sections of the Act and can vary depending on the severity and impact of the breach. For instance, the Act may impose significant fines for minor infractions, while more severe actions that cause substantial damage could result in higher penalties and longer prison sentences.