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), running in a north-easterly direction in a straight line to the point of intersection of Latitude 18°15’55” South and Longitude 146°02’5” 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 provide for the protection and conservation of World Heritage properties located within Australia. This Act aims to ensure that significant natural and cultural sites are preserved for future generations and that the Australian government meets its obligations under international conventions. The Act addresses the problem of potential damage to World Heritage properties by providing a legal framework to prevent, mitigate, and manage risks that could compromise these sites. The policy objective of the Act is to uphold the integrity and authenticity of World Heritage properties by enabling the Commonwealth to take appropriate measures to protect them from any form of damage.
In this legislative instrument, the Governor-General, William George Hayden, acting on the advice of the Federal Executive Council and pursuant to the Act, declared a specific area on the Australian mainland near Cardwell to be a World Heritage property under section 9 of the Act, recognising its vulnerability to potential damage. This proclamation is intended to ensure that the necessary conservation efforts are implemented to safeguard the site's cultural and natural significance.
Scope and Application
The World Heritage Properties Conservation Act 1983 applies to any person or entity conducting activities within the specified geographic area, which in this case is bounded by precise geographic coordinates in the vicinity of Cardwell in Queensland. The Act seeks to protect the natural and cultural heritage of the identified area by preventing activities likely to cause damage to the World Heritage property. The scope of the Act encompasses all conduct and transactions that may affect the property, ensuring that any actions within the designated area are assessed for potential impacts on the World Heritage values. The jurisdictional reach of the Act is national, as it is a Commonwealth Act, meaning it extends across the entire territory of Australia. However, specific application and enforcement may be influenced by state and territory laws and regulations that complement or interact with this Act. The Act’s application can be extended or modified through subordinate legislation, allowing for specific rules and regulations to be enacted under its authority, thereby providing a flexible framework for the protection of the World Heritage property.
Key Provisions
The World Heritage Properties Conservation Act 1983 (section 9) designates specific areas as properties requiring conservation efforts to prevent damage. This legislative instrument specifically proclaims an area of land and marine environment bounded by geographical coordinates as a World Heritage Property (Schedule). This proclamation is based on the assessment that the area is likely to be damaged and thus requires protection under the Act. The proclamation declares that this particular property is subject to the provisions of section 9, which mandates protective measures to safeguard its integrity.
Under this Act, the proclamation imposes specific obligations on entities and individuals regarding the conservation of the designated property. The Act requires that measures be taken to ensure the preservation of the natural and cultural values of the property. This includes actions to mitigate any potential damage from activities such as development, pollution, and other forms of human interference. The obligations extend to all persons who may interact with the property, including federal and state authorities, local governments, and private entities. They must ensure that their activities do not harm the property and comply with any regulations or guidelines set forth by the Act.
Failure to comply with the obligations and requirements set out in the Act can result in significant legal consequences. The Act provides for both civil and criminal penalties for breaches. Specifically, section 9 outlines that any person who contravenes the Act may be subject to fines and imprisonment. The maximum penalty for an individual offender can include substantial fines, potentially reaching into the hundreds of thousands of dollars, alongside imprisonment terms that can extend up to several years. These penalties underscore the seriousness with which the Act treats the preservation of World Heritage Properties and the importance of adhering to its provisions.