World Heritage Properties Conservation Act 1983 - Proclamation under section 11 - Franklin River (26/05/1983)

Overview

The World Heritage Properties Conservation Act 1983 was enacted by the Parliament of Australia to provide for the conservation and preservation of places of natural or cultural significance that have been designated as World Heritage properties. The Act was introduced to address the need for a legislative framework to protect and conserve Australia's World Heritage properties, ensuring their preservation for future generations and complying with international obligations under the World Heritage Convention. This legislative instrument, proclaimed by the Governor-General on 26 May 1983, aims to safeguard the Aboriginal site at the base of the flying-fox pylon on the west bank of the Franklin River from potential damage or destruction. The policy objective is to maintain the integrity of this significant archaeological site, reflecting the government's commitment to protecting Australia's cultural heritage.

Scope and Application

The Legislative instrument F2008B00765 pertains to the declaration of a specific Aboriginal site as a heritage site under the World Heritage Properties Conservation Act 1983. This site, located at the base of the flying-fox pylon on the west bank of the Franklin River, has been identified as an open site of ice-age occupation and is recognised for its significant cultural and historical value. The Act applies to this particular site, thereby bringing it under the protective provisions of the legislation, which are designed to prevent damage or destruction. The jurisdictional reach of this instrument is national, as it is enacted by the Commonwealth of Australia, thereby overriding any state or territory laws that might conflict with its provisions. The Act applies to the site in question and aims to protect it from any activities that might lead to its degradation or loss. The scope of the legislation extends to all persons and entities that might have an interest in or access to the site, encompassing any conduct or transactions that could potentially impact its integrity. The Act does not specify exclusions, exemptions, or thresholds, meaning that its protections apply universally to the site. Furthermore, the application of the Act may be extended or clarified through subordinate instruments, which are issued under the authority of the Act to provide more detailed guidance or to address specific circumstances. This legislative instrument thus provides a clear mandate for the preservation of the specified Aboriginal site, ensuring its protection for future generations.

Key Provisions

The proclamation (Section 8(3)) declares the Aboriginal site at the base of the flying-fox pylon on the west bank of the Franklin River to be subject to the provisions of the World Heritage Properties Conservation Act 1983 (the Act). This means that the site is recognised as a location of significant cultural and historical importance that requires protection under the Act. This recognition is based on the likelihood of damage or destruction to the site, which contains evidence of ice-age occupation. Under the Act, the main obligation imposed on relevant parties is the protection of the site. This involves taking measures to prevent any activities that might lead to the site's damage or destruction. The Act requires that any actions affecting the site be carefully considered and approved to ensure they do not compromise its integrity. This includes requiring permits for any works or activities that might impact the site, ensuring that all actions are in line with conservation objectives. Breach of the Act’s provisions can lead to significant consequences. Offences under the Act may include unauthorised entry, damaging the site, or failing to comply with the requirements for permits. The penalties for such breaches can be severe, with potential maximum fines and imprisonment terms depending on the severity of the offence. Civil remedies may also be available for any damage caused to the site, providing avenues for restitution and compensation. Overall, the proclamation and the provisions of the Act serve to protect a site of considerable archaeological and cultural significance, ensuring that its preservation is a priority. By imposing strict obligations and penalties for non-compliance, the Act aims to safeguard the site against any potential threats to its integrity and historical value.