World Heritage Properties Conservation Act 1983 - Proclamation under section 9 - Cardwell Parish (25/7/1990)

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, ensuring that these sites of international significance are preserved for future generations. This Act was introduced by the Parliament of Australia with the policy objective of providing a legal framework to safeguard designated World Heritage properties against potential damage or degradation. The Act empowers the Governor-General to declare specific properties as protected under the Act, as demonstrated in the proclamation issued on 25 July 1990, where Lot 640 in the County of Cardwell, Queensland, was declared a property to which section 9 of the Act applies, thereby ensuring its conservation and protection. This legislative instrument exemplifies the Commonwealth's commitment to fulfilling its obligations under international heritage conventions while safeguarding Australia's natural and cultural treasures.

Scope and Application

The World Heritage Properties Conservation Act 1983 applies to any property listed as a World Heritage site under the Act, specifically extending its protective measures to properties deemed likely to be damaged. The Act operates within the jurisdiction of the Commonwealth of Australia, thereby exerting its influence over any property within the nation's borders that meets the criteria outlined in the Act. This particular proclamation focuses on a specific piece of land in Queensland, declaring it to be subject to the protective provisions of section 9 of the Act. This legislative instrument extends the application of the Act to safeguard this particular property from potential damage, thereby reinforcing the commitment to preserving significant World Heritage sites across Australia. The proclamation highlights the binding nature of the Act's provisions for the designated property, ensuring it falls under the protective umbrella of national heritage conservation efforts.

Key Provisions

The World Heritage Properties Conservation Act 1983 (section 9) plays a crucial role in protecting designated World Heritage properties within Australia. Under section 9, the Governor-General can declare a property to be protected if there is a likelihood of it being damaged. This declaration is made under the advice of the Federal Executive Council and is subject to subsection 6 (3) of the Act. In this case, the Governor-General, William George Hayden, has declared the specified piece of land in Queensland to be a property that falls under section 9 of the Act, due to the likelihood of damage. The obligations and requirements imposed by this declaration are significant for the property in question. Section 9 of the Act stipulates that any person intending to carry out any works on the declared property must first obtain approval from the relevant authority. This ensures that any activities on the land are conducted in a manner that protects the heritage value of the site. Additionally, the Act mandates that any person who wishes to enter the property must also seek and receive permission from the authority. This is to prevent unauthorized access that could potentially harm the property. Breaches of the provisions outlined in the Act can lead to serious consequences. The Act does not specify the exact penalties for non-compliance, but it is reasonable to infer that unauthorized works or entry without permission could result in both civil and criminal penalties. Civil penalties might include fines or compensation for damage caused, while criminal penalties could potentially involve imprisonment, depending on the severity of the breach and the discretion of the court. The precise penalties would be determined based on the specific circumstances of each case and the discretion of the courts.