World Heritage Properties Conservation Act 1983 - Proclamation under section 11 - Kutikina Cave/Deena Reena Cave (26/05/1983)

Overview

The World Heritage Properties Conservation Act 1983 was enacted to address the need for the protection and conservation of Australia's World Heritage properties, including Aboriginal sites, which are of outstanding value to humanity. This Act was introduced to safeguard these sites from potential damage or destruction, thereby ensuring their preservation for future generations. The proclamation under this Act, issued by the Governor-General on 26 May 1983, specifically identifies the Kutikina Cave (formerly Fraser Cave) and Deena Reena Cave in Tasmania as sites requiring protection. The policy objective of the Act is to maintain the integrity and cultural significance of these sites, reflecting the Commonwealth's commitment to the conservation of Australia's heritage and its obligations under international conventions.

Scope and Application

The proclamation issued under the World Heritage Properties Conservation Act 1983 applies to the specific Aboriginal sites in Tasmania known as Kutikina Cave and Deena Reena Cave. The Act extends to these sites due to the belief that they are likely to be damaged or destroyed, thereby triggering the protections provided by section 11 of the Act. The proclamation is made by the Governor-General, acting on the advice of the Federal Executive Council and pursuant to the legislative authority granted under the Act. This declaration signifies that the sites are of such significance that they are afforded special protection and conservation measures. The geographic reach of this proclamation is limited to the state of Tasmania, ensuring that the specific cultural heritage sites within this jurisdiction receive the necessary protections. There are no stated exclusions or exemptions in this particular proclamation, and the application of the Act to these sites is direct and specific, without reliance on subordinate instruments for extension or restriction of its application.

Key Provisions

The proclamation issued under the World Heritage Properties Conservation Act 1983 declares Kutikina Cave (formerly Fraser Cave) and Deena Reena Cave in Tasmania as sites subject to section 11 of the Act (Section 1). This means that these sites, recognised for their cultural and historical significance, are now protected under the provisions designed to prevent damage or destruction. Under this legislation, the Act imposes several obligations on the parties and entities it governs. For example, it mandates that any activities that could potentially harm these heritage sites must be approved by the relevant authorities (Section 11). This includes any works that might disturb the physical or environmental integrity of the sites. Additionally, it requires that any persons or entities conducting activities near these sites must adhere to the guidelines and standards set forth by the Act to ensure minimal impact on the sites (Section 11(2)). Failure to comply with the provisions of the Act can result in significant consequences. The Act outlines various offences and penalties for breaches, which may include both civil and criminal penalties. For instance, any person who causes damage to a heritage site can be subject to a fine of up to $50,000 for an individual and $250,000 for a corporation, as specified in the Act (Section 15). In more severe cases, where the damage is substantial, the penalties can be even higher, reflecting the gravity of the offence and the importance of preserving these heritage sites. Furthermore, the Act may also provide for injunctive relief to prevent further damage and ensure compliance with the legislative requirements.