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°02’21” 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), and proceeding 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 south-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-westerly direction in a straight line to the point of intersection of Latitude 18°16’42” South and the Mean Low Water Mark of the coastline of the Australian mainland in the vicinity of Oyster Point, 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 the protection and conservation of world heritage properties within Australian jurisdiction. This Act provides the legal framework for the Commonwealth to take necessary measures to conserve and protect areas that are of outstanding universal value to humanity. The Act empowers the Governor-General, acting on the advice of the Federal Executive Council, to declare certain properties as world heritage properties that are subject to specific conservation measures under the Act. The policy objective of this Act is to ensure that Australia fulfils its obligations under international conventions related to the protection of cultural and natural heritage, and to maintain these properties for the benefit of present and future generations. This legislative instrument, proclaimed by the Governor-General and sealed with the Great Seal of Australia, specifically designates a defined area near Cardwell, Queensland, as a world heritage property in need of protection under the Act.
Scope and Application
The World Heritage Properties Conservation Act 1983 applies to specific properties identified as being of outstanding value to humanity, providing them with enhanced legal protection to safeguard their integrity and preservation. This Act designates certain areas as world heritage properties, subject to stringent regulations aimed at preventing damage, ensuring their conservation, and maintaining their authenticity. The Act applies to any person or entity intending to undertake activities within the specified boundaries of the declared property, including industries such as tourism, construction, and agriculture, which may impact the heritage site. The geographic reach of the Act is nationwide, as it operates under the authority of the Commonwealth of Australia. The Act includes provisions for enforcement and penalties to deter activities that could harm the designated world heritage property. Certain exclusions and exemptions may apply, contingent on specific conditions or activities deemed minimal in impact, as determined by the relevant authorities through subordinate instruments or administrative guidelines. The application of the Act may be extended or restricted through these subordinate instruments, which provide detailed operational instructions and additional regulations to support the overarching legislative framework.
Key Provisions
The main operative sections of the World Heritage Properties Conservation Act 1983 (referred to as section 9) mandate that the specified property is subject to conservation measures aimed at preventing damage. This section essentially places a legal obligation on any entity or individual to ensure that the property, which in this case is a geographically defined area, is preserved from any form of harm that could diminish its heritage value. The Act is designed to protect the integrity of the site and maintain its status as a World Heritage property.
Under this Act, various obligations and requirements are imposed on the parties and entities that interact with the protected property. These include obtaining necessary approvals before undertaking any activities that might affect the property, such as construction, land use changes, or any form of development. Additionally, there are requirements for ongoing monitoring and reporting to ensure that the property remains in a state of good conservation. Any proposed activities that could impact the property must be assessed to determine their potential effects, and measures must be put in place to mitigate any adverse impacts identified.
Failure to comply with the provisions of the Act can lead to significant legal consequences. Offences under this Act can attract both civil and criminal penalties. For instance, unauthorised activities that result in damage to the property could lead to criminal charges, with penalties including substantial fines and, in severe cases, imprisonment. Additionally, there are civil penalties for breaches of the Act, which can result in fines up to a specified maximum amount. These penalties are intended to enforce compliance and deter any actions that could harm the protected property.
The Act also provides mechanisms for enforcement, including the ability for authorised officers to enter and inspect the property, issue notices, and take action against those who breach the Act. This comprehensive approach ensures that the integrity of the World Heritage property is maintained and that any potential threats are effectively managed.