World Heritage Properties Conservation Act 1983 - Proclamation under section 10 - para 3(a) of the World Heritage Properties Conservation Regulations (26/05/1983)

Overview

The World Heritage Properties Conservation Act 1983 was enacted to address the need for the conservation of World Heritage properties within Australia. This Act was introduced by the Parliament of Australia, aiming to ensure the protection and preservation of areas of outstanding universal value to humanity. The legislation seeks to safeguard these sites against potential damage or destruction by imposing regulatory measures that can be enforced within specified areas. The Act provides the legal framework necessary to implement the World Heritage Properties Conservation Regulations, which were made under the authority of the Act to protect designated areas of significant natural or cultural heritage. In 1983, the Governor-General, Sir Ninian Martin Stephen, acting on the advice of the Federal Executive Council, declared specific areas within the property described in the World Heritage Properties Conservation Regulations to be subject to Section 10 of the Act. This declaration was made due to the likelihood of these areas being damaged or destroyed, thereby necessitating the application of protective measures under the Act. The policy objective of the Act is to maintain the integrity and authenticity of World Heritage properties, ensuring their conservation for future generations.

Scope and Application

The proclamation under the World Heritage Properties Conservation Act 1983, signed by the Governor-General on 26 May 1983, specifically identifies a designated area within the Western Tasmania Wilderness as a property that requires conservation measures under section 10 of the Act. This legislative instrument applies to the parts of the property delineated by specific areas marked on a plan, which includes land coloured red or blue/yellow and referenced by coordinates, bearings, and other markers. The purpose of this proclamation is to ensure the protection of these areas from potential damage or destruction. The proclamation is geographically focused on areas within the Commonwealth of Australia and applies to land parcels identified in the Schedule, which is further specified by a plan signed by the Minister for Home Affairs and Environment and deposited with the Commonwealth Surveyor-General. The application of this Act is comprehensive for the specified areas and does not include any stated exclusions or exemptions within the text of this proclamation. Any further details or modifications to the application of the Act may be provided through subordinate instruments.

Key Provisions

The main operative sections of this legislation declare that a specific part of the property described in paragraph 3 (a) of the World Heritage Properties Conservation Regulations is to be considered as property to which section 10 of the World Heritage Properties Conservation Act 1983 applies (section 7). This is due to the likelihood of damage or destruction to the property if it remains unregulated. The areas in question are detailed in the Schedule, where it specifies the red and blue/yellow areas, marked on a plan and detailed by co-ordinates, bearings, and other references (Schedule, paragraphs (a) and (b)). This plan, signed by the Minister for Home Affairs and Environment, is numbered S181/001 and is available for inspection at the Australian Survey Office in Hobart, Tasmania (Schedule, paragraph (c)). The Act imposes several obligations and requirements on the parties or entities it governs. It mandates that the specified areas of land, as detailed in the Schedule and shown on the plan, are to be protected under section 10 of the World Heritage Properties Conservation Act 1983. This means that any activities or developments that could potentially damage or destroy these areas are subject to stricter regulations and oversight to ensure their conservation. Additionally, the plan, which outlines the exact areas of concern, must be consulted and adhered to by all relevant parties to ensure compliance with the conservation requirements. Failure to comply with the provisions of this Act and the regulations under the World Heritage Properties Conservation Act 1983 can result in serious consequences. Offences under the Act may lead to civil or criminal penalties, which can include fines and imprisonment. The maximum penalties for breaches are determined by the severity of the offence and the specific provisions of the World Heritage Properties Conservation Act 1983. The Act aims to enforce stringent measures to protect the heritage sites from any form of damage or destruction, ensuring that the natural and cultural values of the areas are preserved for future generations.