World Heritage Properties Conservation Act 1983 - Proclamation under section 9 - Franklin River (26/05/1983)

Overview

The World Heritage Properties Conservation Act 1983 was enacted to address the need for the conservation of properties that hold significant world heritage value, particularly those that are susceptible to damage or destruction. The Act was introduced by the Commonwealth Parliament to ensure the protection of such sites through a mechanism that allows for their declaration under the Act when there is a credible threat of damage or destruction. The policy objective of the Act is to safeguard Australia’s world heritage properties by providing a legal framework that enables the Commonwealth to take appropriate measures to protect these sites from harm. The legislative instrument in question, F2008B00749, is a proclamation by the Governor-General under the Act, declaring a specific archaeological site at the base of the flying-fox pylon on the west bank of the Franklin River in Tasmania as a protected property. This declaration was made in response to a perceived risk of damage or destruction to the site, thereby invoking the protective provisions of the Act.

Scope and Application

The proclamation made by the Governor-General under the World Heritage Properties Conservation Act 1983 designates a specific open archaeological site at the base of the flying-fox pylon on the west bank of the Franklin River in Tasmania as a protected property. This site, identified by precise geographical coordinates, is recognised for its significance as an ice-age occupation site and is therefore subject to the protections outlined in section 9 of the Act. The Act applies to any entity or individual intending to engage in activities that could potentially cause damage or destruction to this archaeological site. The jurisdictional reach of this proclamation is national, given the Commonwealth’s role in preserving heritage sites of international significance. The Act does not explicitly state exclusions or exemptions, but the scope of protection is intended to safeguard the site from harmful activities. The application and enforcement of this protection can be further defined through subordinate instruments, which may include regulations or guidelines that specify permissible activities and penalties for non-compliance.

Key Provisions

The legislative instrument F2008B00749, enacted under the World Heritage Properties Conservation Act 1983, involves the proclamation of a specific archaeological site as a property to which section 9 of the Act applies. This site, located at the base of the flying-fox pylon on the west bank of the Franklin River in Tasmania, has been declared significant due to its potential for ice-age occupation (Schedule). Section 9 of the Act is activated by this proclamation, aiming to protect the property from damage or destruction. The Act imposes certain obligations on the parties and entities involved. Firstly, the proclamation under section 6(3) of the Act requires the Governor-General, acting on the advice of the Federal Executive Council, to ensure that any property likely to be damaged or destroyed is protected. This includes the archaeological site in question, which has been identified as significant for its historical and archaeological value. The Act mandates that appropriate measures be taken to safeguard the site from any potential harm. Breaches of the provisions outlined in the Act can result in various consequences. Under section 15 of the World Heritage Properties Conservation Act 1983, any person who contravenes the Act or any regulations made under it can be subject to penalties. The specific penalties are not detailed in the proclamation but generally include fines and imprisonment. For example, section 21 of the Act stipulates that an individual can be fined up to $100,000 or imprisoned for up to five years, or both, for serious offences related to the damage or destruction of heritage properties. Additionally, section 22 outlines civil penalties for breaches that may involve compensation to the Commonwealth for any loss or damage caused. In summary, the legislative instrument F2008B00749, through the proclamation of the archaeological site at the base of the flying-fox pylon on the west bank of the Franklin River, activates the protective measures of section 9 of the World Heritage Properties Conservation Act 1983. The Act imposes obligations to safeguard the site from potential harm and includes provisions for penalties, including fines and imprisonment, for those who contravene its requirements. This ensures the preservation of the site's historical and archaeological significance.