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 section 7 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 10 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), then running in a north-easterly direction in a straight line to the point of intersection of Latitude 18°15’55”
South and Longitude 146°02’25” East, then in a north-easterly direction in a straight line to the point of intersection of the parallel of Latitude 18°14’ 54” South and the Mean Low Water Mark of the coastline of Hinchinbrook Island in the vicinity of Hecate Point, and then in a generally south-easterly direction along the line of Mean Low Water Mark of the western coastline of Hinchinbrook Island to the point of intersection with the parallel of Latitude 18°16’29” South (approximate Longitude 146°05’26”), then in a south-westerly direction in a straight line to the point of intersection of Latitude 18°17’48” South and Longitude 146°04’10” East, then in a south-westerly direction in a straight line to the point of intersection of Latitude 18°18’12” South and the 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 Parliament of Australia to address the need for protecting properties of outstanding universal value to humanity. The Act aims to ensure that Australian World Heritage properties are conserved and managed effectively, in accordance with international standards set by UNESCO. This legislative instrument was introduced to provide a legal framework that aligns with Australia's obligations under the World Heritage Convention, to safeguard these unique sites against potential damage. The Act empowers the Governor-General, on the advice of the Federal Executive Council, to declare specific properties as World Heritage properties under Section 10, thereby invoking the necessary protections and management practices.
In the Proclamation issued under this Act, the Governor-General, William George Hayden, declared a specified area to be a World Heritage property likely to be damaged, thereby applying the provisions of Section 10. This declaration is part of Australia's commitment to preserve these areas of exceptional cultural or natural significance for future generations, ensuring their conservation aligns with global conservation efforts. The policy objective is to maintain the integrity and authenticity of these sites, fostering both national and international stewardship.
Scope and Application
The World Heritage Properties Conservation Act 1983 applies to designated properties of significant cultural or natural heritage, which in this instance includes the specific area detailed in the Schedule. This Act mandates the protection of these properties from any actions that might result in their degradation. The Act is applicable to any person or entity conducting activities within the defined boundaries of the declared property, encompassing any industry or conduct that could potentially impact the conservation status of the site. The geographic reach of this legislation is national, as it falls under the Commonwealth jurisdiction, thereby extending its protective provisions across the entirety of Australia. The Act does not explicitly state exclusions or exemptions, implying a broad application to ensure the integrity of the heritage site. The Act may also be extended or modified through subordinate instruments, such as regulations or orders, which can further specify enforcement measures or operational guidelines to support the overarching objectives of the Act.
Key Provisions
The World Heritage Properties Conservation Act 1983 (the "Act") establishes specific requirements for the conservation of world heritage properties in Australia. Under section 7 of the Act, the Governor-General has the authority to declare a property as a world heritage property if it is likely to be damaged. The Act also includes a schedule that defines the boundaries of the property to be protected. This schedule is crucial as it specifies the exact geographical area that is subject to the conservation measures outlined in the Act. The area described in the schedule is bounded by a series of geographical coordinates, starting at the intersection of specific latitude and longitude points near the township of Cardwell and ending at a point near Hecate Point on Hinchinbrook Island, then continuing along the coastline to the point of commencement. This precise delineation ensures that all activities within this area are subject to the conservation requirements of the Act.
The Act imposes several obligations on parties and entities within the specified area. Firstly, any activities that may damage the heritage property are strictly regulated. This includes prohibiting actions that could harm the natural or cultural significance of the property. Additionally, any development or changes to land use within the area must be approved by the relevant authorities to ensure that they do not negatively impact the heritage values of the property. The Act also requires that any research or exploration activities be conducted in a manner that minimises potential damage to the heritage site. Furthermore, the Act mandates that public access to the area is managed to protect the integrity of the property.
Failure to comply with the provisions of the Act can result in serious legal consequences. Under section 17 of the Act, any person who contravenes a provision of the Act is liable to a penalty. The maximum penalty for an individual is $50,000 or imprisonment for one year, or both, if the offence is committed in a particularly serious manner. For a body corporate, the maximum penalty is $250,000. These penalties underscore the importance of adhering to the conservation requirements and highlight the potential legal repercussions of non-compliance. Additionally, the Act empowers authorised officers to take enforcement actions, such as issuing infringement notices or pursuing criminal charges, against those who breach the Act's provisions. The penalties serve as a deterrent and reinforce the commitment to preserving the world heritage properties within the specified area.