World Heritage Properties Conservation Act 1983 - Proclamation under section 9 - para 3(a) of the World Heritage Properties Conservation Regulations (26/05/1983)

Overview

The Commonwealth of Australia enacted the World Heritage Properties Conservation Act 1983 to address the need for the conservation of areas of outstanding universal value to humanity, including natural and cultural heritage sites. This Act was introduced to ensure that Australia meets its obligations under the World Heritage Convention by protecting and conserving World Heritage properties within its jurisdiction. The policy objective is to safeguard these properties for the benefit of present and future generations. The Governor-General, acting with the advice of the Federal Executive Council, has the authority to make regulations under the Act to protect and conserve World Heritage properties. This specific legislative instrument, proclaimed on 26 May 1983, designates certain areas within Western Tasmania as subject to specific conservation regulations to mitigate potential damage or destruction to the World Heritage properties located there.

Scope and Application

The Proclamation issued under the World Heritage Properties Conservation Act 1983 extends specific protections to areas of land within Australia that are designated as part of a World Heritage property. This legislation applies to the areas of land identified in the Schedule to the Proclamation, which include two distinct zones: one zone contains approximately 4585 hectares and is marked in red on the plan, and the other zone encompasses about 10,320 hectares, coloured blue or yellow on the plan, and includes the contour line S.L. 80 metres. The application of the Act to these zones is intended to prevent damage or destruction to these areas, which are deemed to hold significant cultural or natural heritage value. The proclamation has a jurisdictional reach within the Commonwealth of Australia, and its provisions are activated by the declaration of specific areas as being likely to be damaged or destroyed. The Act extends its protective measures through the World Heritage Properties Conservation Regulations, which provide further detail on the application and enforcement of the Act's provisions within these designated areas.

Key Provisions

The proclamation under section 9 of the World Heritage Properties Conservation Act 1983 (the "Act") declares that the specific areas of land within the described Western Tasmania Wilderness are subject to the provisions of the Act. These areas, detailed in the Schedule, include approximately 4585 hectares shown in red and 10,320 hectares shown in blue or yellow on the plan, which is signed by the Minister for Home Affairs and Environment and deposited with the Commonwealth Surveyor-General. The Schedule specifies the boundaries of these areas by coordinates, bearings, and other marked references, as well as a contour line of 80 metres. The plan, numbered S181/001, is available for inspection at the Australian Survey Office in Hobart, Tasmania. The Act imposes several obligations and requirements on parties or entities that interact with the declared areas. Firstly, any activity that might damage or destroy the heritage property within these areas is strictly regulated. This includes requiring permits for certain actions and ensuring that any development or intervention adheres to conservation standards aimed at preserving the natural and cultural values of the site. Secondly, it mandates that any entity planning to undertake activities in these areas must consult with relevant authorities and follow prescribed guidelines to mitigate any potential harm to the heritage property. The Act also sets out specific offences and penalties for breaches of its provisions. Any person or entity found to be in violation of the Act, particularly those who cause damage or destruction to the heritage property, can be subject to criminal penalties. The maximum penalties for these offences can include substantial fines and imprisonment, reflecting the seriousness with which the Act treats the conservation of World Heritage properties. Additionally, civil remedies may be available to address any harm caused, allowing for compensation and other forms of redress. The severity of penalties underscores the commitment to protecting these areas and the legal framework’s role in enforcing conservation efforts.