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°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-easterly direction in a straight line to the point of intersection of Latitude 18°16’54” South and Longitude 146°03’29” East, then in a south-westerly direction in a straight line to the point of intersection of Latitude 18°17’18” South and the Mean Low Water Mark of the coastline of the Australian mainland (approximate Longitude 146°03’06”), 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 to address the need for the conservation of properties that hold World Heritage significance. This legislation was introduced by the Parliament of Australia to ensure the preservation of these sites, recognising their importance not only to Australia but to the global community. The Act was designed to provide a legal framework to protect these properties from potential damage, which could be caused by various factors including development, environmental degradation, and other anthropogenic activities. The enactment of this Act reflects the commitment of the Australian government to uphold its obligations under international conventions related to the protection of world heritage sites. The policy objective of the Act is to safeguard these properties by imposing restrictions and requiring approvals for activities that may impact them, thereby ensuring their conservation for future generations.
Scope and Application
The World Heritage Properties Conservation Act 1983 applies to any person or entity that conducts activities within the specified area that is likely to damage a world heritage property. This Act has a Commonwealth reach and applies to actions or transactions that may affect the conservation of world heritage properties. The Act specifically identifies a geographic area, bounded by a set of coordinates, which is declared under section 9 of the Act. This area is subject to stringent protections to ensure the conservation of its heritage value. The Act’s application can be extended or modified through subordinate instruments, which may detail additional measures or regulations to safeguard the property. However, the proclamation itself does not outline any exclusions, exemptions, or specific thresholds for application, thus placing a broad responsibility on any person or entity operating within the defined area to comply with the conservation requirements.
Key Provisions
The main operative sections of the World Heritage Properties Conservation Act 1983, as evidenced in the proclamation, include section 9 which specifies the criteria for declaring a property to be one that requires conservation due to the likelihood of damage. Section 6(3) provides the mechanism through which the Governor-General, on the advice of the Federal Executive Council, can make such a declaration. The Schedule attached to the proclamation describes the specific geographical area subject to the Act's provisions, which is bounded by a series of defined coordinates.
The Act imposes several obligations on the parties or entities it governs. Firstly, it mandates the conservation of the specified property to prevent damage. This involves ensuring that any activities within the defined area do not compromise the integrity of the property. The Act also requires that any actions or developments that could potentially affect the property are assessed for their environmental impact. Furthermore, it imposes a duty on relevant authorities to monitor the condition of the property and to take appropriate measures to mitigate any adverse effects.
Breaches of the Act can result in various consequences. Civilly, the Act may permit the initiation of proceedings in a court to enforce compliance or to seek damages for any harm caused. Criminally, the Act outlines specific offences that, if proven, can lead to significant penalties. For instance, wilful or negligent damage to the property can result in fines and imprisonment. The maximum penalties vary depending on the severity of the offence and may include substantial fines or imprisonment for up to two years, as stipulated in the relevant sections of the Act. Non-compliance can also lead to the revocation of permits or licenses related to activities within the protected area.