World Heritage Properties Conservation Act 1983 - Proclamation under section 9 - Lune River (19/08/1992)

Overview

The Proclamation of 1992 under the World Heritage Properties Conservation Act 1983 addresses the need for protection of heritage sites that are listed under the World Heritage List. This legislative instrument was enacted to ensure that specific areas of national and global significance are safeguarded against potential damage. The enactment was carried out by the Governor-General of the Commonwealth of Australia, William George Hayden, who declared the property in the vicinity of the Lune River in Tasmania to be subject to the provisions of section 9 of the Act due to the likelihood of damage to the area. The policy objective behind this Act is to conserve and protect World Heritage properties, ensuring that these sites retain their cultural, natural, or historical value for future generations.

Scope and Application

The World Heritage Properties Conservation Act 1983 applies to specific properties within Australia that have been identified as having World Heritage significance, ensuring their conservation and protection. The Act's scope extends to the land in the vicinity of the Lune River in Tasmania, which is described in a particular indenture and has been deemed necessary for protection under the Act. The proclamation made under this Act by the Governor-General, in consultation with the Federal Executive Council, identifies the specific property that is subject to the Act’s provisions. The Act applies to any conduct or activities that may damage the listed property, with the intent to preserve its heritage value. The geographic reach of the Act is national, affecting all states and territories where World Heritage properties are located. However, the Act does not specify exclusions, exemptions, or thresholds within its text, though it may be subject to further clarification or modification through subordinate instruments or regulations.

Key Provisions

The proclamation (section 6 (3)) under the World Heritage Properties Conservation Act 1983 designates specific land in the vicinity of the Lune River in Tasmania as a protected area. This declaration, made by the Governor-General, is based on the belief that the land is likely to be damaged and thus requires the protection provided by section 9 of the Act. The land in question is detailed in the Schedule and includes specific parcels of land described in an indenture between Francis Roger Groom and Benders Spreading Services (1964) Pty Ltd, as well as land included in the World Heritage List. The Act imposes several obligations on the parties and entities it governs. Primarily, the Act requires the protection and conservation of the designated World Heritage property to prevent any form of damage. This means that any activities that could potentially harm the land or its ecological significance are strictly regulated. For instance, entities such as Benders Spreading Services (1964) Pty Ltd, which hold interests in the land, must comply with the conservation requirements outlined in the Act. This includes adhering to any specific guidelines or restrictions set by the relevant authorities to ensure the preservation of the area's heritage value. Failure to comply with the provisions of the Act can result in various consequences, including both civil and criminal penalties. For instance, any person or entity found to have breached the Act's requirements may be subject to fines, imprisonment, or both. The maximum penalties can vary depending on the severity of the breach and are outlined in the relevant sections of the Act. For example, wilful damage to the protected property could result in significant fines and/or imprisonment for up to five years. These penalties are intended to deter any actions that could compromise the integrity and conservation of the World Heritage site. The Act also includes provisions for enforcement and compliance monitoring, ensuring that the designated property is adequately protected. This involves regular inspections and assessments by authorised personnel to ensure that all activities within the area comply with the conservation requirements. Additionally, the Act empowers relevant authorities to take necessary actions against any non-compliant activities, including issuing compliance notices, imposing fines, or even prosecuting offenders in a court of law. This robust enforcement framework underscores the importance of preserving the World Heritage property and maintaining its ecological and cultural significance for future generations.