EXPLANATORY STATEMENT
World Heritage Properties Conservation Regulations (Amendment)
STATUTORY RULES 1988, NO. 389
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.
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 World Heritage Properties Conservation Regulations as in force on 14 December 1988 (the Principal Regulations) conferred 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.
The Governor-General made a Proclamation pursuant to subsection 6(3) of the Act on 15 December 1988 (which was published in Special Gazette No. S387), declaring the property as inscribed in the World Heritage List to be property to which section 9 of the Act applies.
World Heritage Properties Conservation Regulations made on 15 December 1988 (Statutory Rules 1988 No. 337) purported to extend to the ‘Wet Tropics of Queensland’, within the new boundaries described in the Regulations, the same protections as applied to the property described as the ‘Wet Tropical Rainforests of North-East Australia’ under the original boundaries. However, these Regulations are arguably invalid, as they were made before the publication of the above Proclamation.
Further Regulations (Statutory Rules No. 338 of 1988), also made on 15 December 1988, validly repealed Regulations 3A and 3B of, and Schedule 2A to, the World Heritage Properties Conservation Regulations, as in force on 14 December 1988.
These Regulations are identical to those purportedly made on 15 December 1988, except that they also repeal those invalid Statutory Rules.
Regulation 1 defines the term ‘Principal Regulations’.
Regulation 2 purports to amend regulation 3B of the Principal Regulations, which was repealed on 15 December 1988.
Regulation 3 inserts new Regulations 3C and 3D into the Principal Regulations. These extend to the ‘Wet Tropics’ the prohibitions on
- commercial forestry operations (former regulation 3A, new regulation 3C), and
- the construction of the road described above (former regulation 3B, new regulation 3D).
Regulation 4 inserts new Schedule 2B, which describes the property protected by Regulations 3C and 3D.
Regulation 5 repeals Statutory Rules 1988 No. 337.
Authorised by the Minister for the Arts and Territories
Overview
The World Heritage Properties Conservation Regulations (Amendment) Statutory Rules 1988, No. 389 were enacted to address the need to provide specific protections to the newly inscribed ‘Wet Tropics of Queensland’ property on the World Heritage List. The Act, originally enacted in 1983, empowers the Governor-General to make regulations concerning matters permitted by the Act, including the protection of world heritage properties. The problem these regulations sought to address was the potential for invalid regulations to be made before the proclamation of the property’s new boundaries, necessitating a re-promulgation of specific protections to ensure the property's conservation. Authorised by the Minister for the Arts and Territories, these Regulations aimed to rectify the gap left by the invalid regulations and ensure that the protections against commercial forestry operations and road construction within the property were legally sound and enforceable.
Scope and Application
The World Heritage Properties Conservation Regulations (Amendment) Statutory Rules 1988, No. 389 apply to the 'Wet Tropics of Queensland', a property inscribed on the World Heritage List by the World Heritage Committee. These regulations are designed to extend protection from commercial forestry operations and the construction of a road that could cause significant damage to world heritage values to this identified property. The amendments made by these Regulations operate within the Commonwealth jurisdiction and are applicable to any entities or individuals engaging in activities that could impact the heritage values of the property. The scope of the Act encompasses the entire property as defined in the new boundaries, with specific focus on prohibiting activities that could compromise its world heritage status.
These regulations extend the protections already in place under the original World Heritage Properties Conservation Regulations, addressing potential issues arising from the previously made but arguably invalid Statutory Rules 1988 No. 337. The regulations further clarify the legal framework by repealing the invalid Statutory Rules and incorporating necessary amendments to ensure the continuity and effectiveness of the protection measures. This amendment process underscores the commitment to maintaining the integrity of the 'Wet Tropics of Queensland' as a world heritage site, ensuring that all relevant activities within the property adhere to the stringent conservation standards mandated by the Act.
Key Provisions
The key operative sections of these regulations (Statutory Rules 1988, No. 389) are the amendments and insertions into the World Heritage Properties Conservation Regulations (the Principal Regulations). Specifically, Regulation 3 introduces new regulations 3C and 3D, which extend the prohibitions on commercial forestry operations and the construction of a specific road to the 'Wet Tropics of Queensland'. Regulation 4 introduces a new Schedule 2B to describe the property protected by these new regulations. Regulation 5 repeals previously made regulations (Statutory Rules 1988 No. 337) that were arguably invalid due to being made before a necessary proclamation.
These regulations impose obligations on parties and entities that might be involved in activities within the 'Wet Tropics of Queensland'. They require that commercial forestry operations and the construction of the specified road be prohibited in this area to protect its world heritage values. The regulations extend the protections already in place for the 'Wet Tropical Rainforests of North-East Australia' to the newly inscribed 'Wet Tropics of Queensland'. Parties involved in such activities must ensure compliance with these regulations to avoid legal repercussions.
The regulations also contain provisions for civil and criminal consequences for non-compliance. Any breach of the regulations, such as engaging in prohibited commercial forestry operations or constructing the specified road without permission, may result in penalties as prescribed by the Act. The exact penalties are not detailed in these regulations but would typically involve fines or other sanctions as stipulated in the World Heritage Properties Conservation Act 1983. The severity of the penalty would depend on the nature and extent of the breach, with potential maximum penalties set out in the primary legislation.