EXPLANATORY STATEMENT
World Heritage Properties Conservation Regulations (Amendment)
STATUTORY RULES 1988, NO. 337
Subsection 21(1) of the World Heritage Properties Conservation Act 1983 (the Act) empowers the Governor-General to make regulations, inter alia, prescribing matters permitted by the Act to be prescribed.
In December 1987, the Commonwealth Government submitted a property under the name ‘Wet Tropical Rainforests of North-East Australia’ to the World Heritage Committee, for inscription on the World Heritage List maintained by the Committee under the Convention for the Protection of the World Cultural and Natural Heritage. The property became ‘identified property’ under the Act by virtue of this nomination. The World Heritage Properties Conservation Regulations as now in force (the Principal Regulations) confer protection on the property from
- commercial forestry operations, and
- the construction of a road, in an area northwest of Cairns, which involved serious damage to world heritage values.
On 9 December 1988, the World Heritage Committee inscribed the property, with minor boundary changes which the Commonwealth Government had proposed and under the name ‘Wet Tropics of Queensland’, in the World Heritage List.
The purpose of the present amendment to the Principal Regulations is to extend to the ‘Wet Tropics of Queensland’, within the new boundaries described in the amendment, the same protections as apply to the property described as the ‘Wet Tropical Rainforests of North-East Australia’ under the original boundaries.
Regulation 1 defines the term ‘Principal Regulations’.
Regulation 2 amends regulation 3B of the Principal Regulations, which prohibits the construction of a certain road through the property. The road is defined by reference to two Parishes in Queensland, Dulanban and Garioch, through which it passes. As the road in fact passes for a short distance through the Parish of Mona Mona, the name of that Parish is added to the definition.
Regulation 3 inserts new Regulations 3C and 3D into the Principal Regulations. These extend to the ‘Wet Tropics’ the prohibitions on
- commercial forestry operations (current regulation 3A, new regulation 3C), and
- the construction of the road described above (current regulation 3B, new regulation 3D).
Authorised by the Minister for the Arts and Territories
Overview
The World Heritage Properties Conservation Regulations (Amendment) Statutory Rules 1988, No. 337 were enacted to address a specific gap in the protection of the Wet Tropics of Queensland, a World Heritage property. This amendment was necessitated by the minor boundary changes to the property as proposed by the Commonwealth Government and accepted by the World Heritage Committee, which required an update to the existing regulatory protections. Authorised by the Minister for the Arts and Territories, these regulations aim to ensure that the newly defined boundaries of the Wet Tropics of Queensland are afforded the same protections as the previously nominated Wet Tropical Rainforests of North-East Australia. The overarching policy objective is to preserve the world heritage values of the area by extending the prohibitions on commercial forestry operations and the construction of a specific road through the newly defined boundaries of the Wet Tropics of Queensland.
Scope and Application
The World Heritage Properties Conservation Regulations (Amendment) Statutory Rules 1988, No. 337 amends the World Heritage Properties Conservation Regulations to extend protection to the 'Wet Tropics of Queensland', following its inscription on the World Heritage List by the World Heritage Committee. This amendment applies to the 'Wet Tropics of Queensland' within the new boundaries, providing the same protections against commercial forestry operations and the construction of a specific road that were previously in place for the 'Wet Tropical Rainforests of North-East Australia'. The regulations apply to entities and individuals who engage in activities within the protected area, including forestry operations and road construction, ensuring compliance with the prohibitions outlined in the regulations. The geographic reach of the Act is national, as it applies across Australia to any entity or individual involved in activities that impact the identified World Heritage property. There are no stated exclusions or exemptions within the regulations, and the application is extended through subordinate instruments to ensure comprehensive protection of the world heritage values of the 'Wet Tropics of Queensland'.
Key Provisions
The key operative sections of the World Heritage Properties Conservation Regulations (Amendment) Statutory Rules 1988, No. 337, are Regulations 2 and 3. Regulation 2 amends the definition of the road that is subject to prohibition, by adding the Parish of Mona Mona to the existing definition in Regulation 3B of the Principal Regulations (Section 2). This ensures that the prohibition encompasses the entire road, which traverses parts of three Parishes in Queensland: Dulanban, Garioch, and Mona Mona. Regulation 3 introduces new Regulations 3C and 3D, which mirror the prohibitions currently in place under Regulations 3A and 3B for the 'Wet Tropical Rainforests of North-East Australia', but now apply to the 'Wet Tropics of Queensland' within its new boundaries (Section 3). These regulations are designed to ensure that the protections afforded by the original boundaries are extended to the newly inscribed property.
The obligations imposed by these regulations primarily concern the enforcement of the prohibitions on commercial forestry operations and the construction of the specified road within the new boundaries of the 'Wet Tropics of Queensland'. Any entity or individual intending to undertake these activities must ensure they do not infringe upon the areas protected by the Regulations. The amendment ensures that the regulatory framework remains consistent and protective of the world heritage values of the property, regardless of boundary changes. Compliance with these regulations is essential to avoid any legal repercussions or penalties for contravening the prohibitions.
Breaches of these regulations may result in various legal consequences. Under the World Heritage Properties Conservation Act 1983, contraventions of the regulations can lead to both civil and criminal penalties. The Act does not specify maximum penalties within the explanatory statement, but it is understood that penalties can include fines and, in more serious cases, imprisonment. Additionally, civil actions may be taken against those who cause damage to the heritage property, seeking compensation for any harm done. It is important for parties involved to adhere to the regulations to avoid these potential consequences.