EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO 249[TWN T31]
WORLD HERITAGE PROPERTIES CONSERVATION REGULATIONS (AMENDMENT)
(Issued under the authority of the Minister of State for the Arts, Sport, the Environment, Tourism and Territories)
The purpose of the World Heritage Properties Conservation Regulations (Amendment) is to protect native plants on a block of land at Mission Beach in the Wet Tropics of Queensland World Heritage Area, for which the Queensland Government has issued a clearing permit, in order to ensure that this area of Queensland is conserved for future generations.
Details of the proposed Regulations are as follows:
Regulation 1 deals with interpretation.
Regulation 2 inserts a new regulation 3E into the Principal Regulations. The new regulation prohibits the killing, removing or damaging of native plants, and the disturbing of soil in such a way as to damage a native plant, on the relevant property with the exception of traditional activities of Aboriginal people or activities performed by Aboriginal people for their own use.
Regulation 3 inserts a new Schedule 2C to the Principal Regulations which defines the relevant property as Lot 640 on Plan Cat. No CWL3521, Parish of Rockingham, County of Cardwell, Queensland.
[TWN T31]Corrected error – PDF read: ZLtf
Overview
The World Heritage Properties Conservation Regulations (Amendment) 1990 were introduced to address the need for stringent conservation measures for native plants on a specific block of land at Mission Beach within the Wet Tropics of Queensland World Heritage Area. This amendment was prompted by the Queensland Government issuing a clearing permit for this area, and the subsequent necessity to ensure that the unique biodiversity and ecological integrity of the region are preserved for future generations. The enacting body responsible for these regulations is the Minister of State for the Arts, Sport, the Environment, Tourism and Territories, and the policy objective is clearly articulated as the conservation of native flora within the specified area. By implementing these regulations, the government aims to protect the native plants from harm, thereby safeguarding the ecological balance and heritage value of the Wet Tropics of Queensland.
Scope and Application
The World Heritage Properties Conservation Regulations (Amendment) applies to the conservation of native plants on a specific block of land in the Wet Tropics of Queensland World Heritage Area. This legislation targets the preservation of native flora on Lot 640 on Plan Cat. No CWL3521, Parish of Rockingham, County of Cardwell, Queensland, which has been granted a clearing permit by the Queensland Government. The Act specifically prohibits the killing, removing, or damaging of native plants, as well as disturbing the soil in a way that could damage these plants, except for traditional activities of Aboriginal people or those activities performed by Aboriginal people for their own use. This regulation is intended to ensure the conservation of this area for future generations. The jurisdictional reach of this Act is confined to Queensland, specifically within the Wet Tropics of Queensland World Heritage Area, and does not extend beyond this geographical boundary. The regulations do not apply to activities conducted by Aboriginal people as per traditional practices or for personal use, thereby providing certain exemptions within the scope of the Act. The application of these regulations can be further refined through subordinate instruments, allowing for detailed and context-specific enforcement mechanisms.
Key Provisions
The primary operative sections of the World Heritage Properties Conservation Regulations (Amendment) are found in Regulations 2 and 3. Regulation 2 introduces a new regulation 3E into the Principal Regulations, which specifies that the killing, removing, or damaging of native plants, as well as disturbing soil in a manner that harms a native plant, is prohibited on the specified property (Regulation 2). This prohibition is subject to exceptions for traditional activities of Aboriginal people or activities performed for their own use (Regulation 2). Regulation 3 then introduces Schedule 2C to the Principal Regulations, which identifies the specific property in question as Lot 640 on Plan Cat. No CWL3521, Parish of Rockingham, County of Cardwell, Queensland (Regulation 3).
The Act imposes several obligations on parties and entities governed by it. Firstly, it mandates that any activities that might involve the killing, removing, or damaging of native plants, or the disturbing of soil in a way that harms native plants, are strictly prohibited on the specified property (Regulation 2). This prohibition is intended to ensure the conservation of native plants in this area. Secondly, it recognises and allows for exceptions to these prohibitions, specifically for traditional activities of Aboriginal people and activities performed by Aboriginal people for their own use (Regulation 2). These exceptions are crucial for maintaining cultural practices and rights of the Aboriginal community.
The Regulations also outline potential civil and criminal consequences for breaches. Although the specific penalties are not detailed in the text, it is clear that any unauthorised killing, removing, damaging of native plants, or disturbing of soil in a harmful way on the specified property could result in serious legal repercussions. Given the context of heritage conservation and the stringent measures in place, penalties could potentially include substantial fines and other legal actions. The severity of the penalties would likely reflect the importance of conserving the native plant life and the cultural heritage of the area for future generations.