World Heritage Properties Conservation Act 1983 - Proclamation under section 9 - Franklin-Lower Gordon Wild Rivers National Park (26/05/1983)

Overview

The Franklin-Lower Gordon Wild Rivers National Park was declared under the World Heritage Properties Conservation Act 1983 by Sir Ninian Martin Stephen, the Governor-General of the Commonwealth of Australia, on 26 May 1983. This declaration was made in response to concerns that the park, which was a World Heritage site, was experiencing damage and was at risk of further destruction. The enactment aimed to protect the heritage site and prevent its deterioration. The Act was passed by the Parliament of Australia, reflecting a commitment to conserve significant cultural and natural sites of global importance. The policy objective was to ensure that measures were in place to safeguard the park's integrity and to mitigate any threats to its preservation.

Scope and Application

The Legislative Instrument F2008B00771, issued under the World Heritage Properties Conservation Act 1983, pertains to the protection of specific areas within the Franklin-Lower Gordon Wild Rivers National Park, previously known as State reserves under the National Parks and Wildlife Act 1970 of the State of Tasmania. The proclamation applies to these areas due to the recognition that they are being damaged and are at risk of further deterioration or destruction. The Act's provisions are specifically activated to safeguard these regions, ensuring they receive the necessary conservation efforts to maintain their heritage value. The instrument extends the application of section 9 of the World Heritage Properties Conservation Act 1983 to these areas, highlighting their significance and the urgency of their preservation. This proclamation underscores the Commonwealth's commitment to protecting natural and cultural heritage sites, aligning with international conservation standards and obligations.

Key Provisions

The main operative sections of the proclamation are the declaration of the property under section 9 of the World Heritage Properties Conservation Act 1983. Section 9 of this Act allows for the protection of areas that are of significant cultural or natural heritage, and the proclamation specifies that the Franklin-Lower Gordon Wild Rivers National Park in Tasmania is subject to these protections (section 9). This means that the property, which was previously a State reserve under the National Parks and Wildlife Act 1970, now has additional legal safeguards to help ensure its preservation. The Act imposes several obligations on the parties or entities it governs. These include a duty to conserve the property, to prevent damage, and to mitigate any existing harm. Additionally, any activities within the proclaimed area must not adversely affect the values for which the property is listed. The proclamation places a responsibility on the government and any other entities involved to take necessary measures to protect the heritage values of the Franklin-Lower Gordon Wild Rivers National Park. There are also specific offences, penalties, or consequences for breach of the Act. For example, unauthorised activities that damage the heritage values of the proclaimed property could result in criminal charges. The maximum penalties for these offences can vary, but they may include substantial fines or imprisonment, depending on the severity of the breach and the specific provisions of the Act. Civil penalties may also apply, which could involve compensation for any harm caused to the property. These measures are designed to enforce compliance and ensure the long-term protection of the heritage site.