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 subsection 6 (3) 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 9 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” intersection of Latitude 18°18’12” South and 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 of Australia's Parliament to address the need for the protection and conservation of world heritage properties within Australian territory. This Act was designed to ensure that these significant cultural and natural sites are preserved for future generations. The policy objective underpinning this Act is to safeguard properties that are of outstanding value to humanity, aligning with Australia's commitments under international conventions such as the World Heritage Convention. The enactment of this legislation reflects a commitment to maintaining the integrity of these properties and preventing any activities that might lead to their degradation. The proclamation by the Governor-General, under the authority provided by the Act, demonstrates the seriousness with which the Australian government treats the preservation of its world heritage sites.
Scope and Application
The World Heritage Properties Conservation Act 1983, as evidenced by the proclamation made under its authority, applies specifically to the property detailed in the Schedule, which is located in a defined geographic area along the coastline of the Australian mainland. This Act is designed to protect properties that are recognised as World Heritage sites, thereby ensuring their conservation for future generations. The proclamation by the Governor-General, William George Hayden, identifies the particular area likely to be damaged and designates it as subject to the provisions of section 9 of the Act, which likely includes restrictions or regulations to prevent damage. The Act operates within the jurisdiction of the Commonwealth of Australia and applies to any person or entity that may engage in activities that could potentially harm the designated World Heritage property. The geographic reach of the Act is limited to the specific coordinates and boundaries outlined in the Schedule, ensuring precise application to the area in question. There are no stated exclusions, exemptions, or thresholds mentioned in the proclamation itself; however, the Act may provide for such provisions in its main body or through subordinate instruments.
Key Provisions
The World Heritage Properties Conservation Act 1983, under its proclamation (section 6(3)), identifies a specific property as one that requires protection. This property, bounded by a defined geographical line, is recognised as being at risk of damage and thus subject to the provisions of section 9 of the Act (section 9). The geographical coordinates and description provided in the Schedule outline the precise area of concern, which is to be protected under the legislation.
The Act imposes several obligations on the parties or entities it governs. It mandates that the described property be preserved to prevent damage and degradation. This requirement includes implementing measures to safeguard the area's integrity and to ensure that any activities within the bounds of the property do not cause harm. The Act likely requires those involved in activities within this area to comply with conservation guidelines and standards set forth by relevant authorities. These obligations are intended to maintain the property's significance and ensure it remains in a state suitable for future generations and international recognition.
Failure to comply with the provisions of the Act can result in various legal consequences. The Act might impose both civil and criminal penalties for breaches. Civil penalties could include fines or other monetary sanctions, depending on the severity and impact of the non-compliance. In cases of significant or repeated breaches, criminal penalties may apply. The maximum penalties, if specified in the Act, could range from fines to imprisonment, reflecting the seriousness of the offence and the need to deter non-compliance. These consequences underscore the importance of adhering to the Act's provisions and the commitment to protecting the world heritage property.