EXPLANATORY STATEMENT
WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983
WORLD HERITAGE PROPERTIES CONSERVATION REGULATIONS (AMENDMENT)
1988 No. 68
Subsection 21(1) of the World Heritage Properties Conservation Act 1983 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed.
Subsection 9(1) of the Act states:
“9(1) Where an act is prescribed for the purposes of this subsection in relation to particular property to which this section applies, it is unlawful, except with the consent in writing of the Minister, for a person to do that act, or to do that act by a servant or agent, in relation to that property.”
On 18 December 1987 the Commonwealth Government, under Article 11 of the Convention for the Protection of the World Cultural and Natural Heritage (the Convention), submitted the Wet Tropical Rainforests of North-East Australia (the Queensland rainforests) to the World Heritage Committee as suitable for inclusion in the World Heritage List. The Government thereby identified the Queensland rainforests as property forming part of the natural heritage in Australia for the purposes of the Convention. Australia has the international obligations under Articles 4 and 5 of the Convention in relation to the property.
On 31 March 1988 the Governor-General, being satisfied that the Queensland rainforests were likely to be damaged, by Proclamation under subsection 6(3) of the Act declared the property to be property to which section 9 of the Act applies. Regulations were made on the same day prohibiting commercial forestry operations in the property.
A road is now being constructed from the Mount Molloy area northwest of Cairns to the coast at Wangetti, 40 kilometres distant. The road would pass through the Queensland rainforests and cause serious, in some respects irreparable, damage to them. The Queensland Government has endorsed the project and given all necessary permits, etc. for the road to cross the various kinds of State-owned land in its path. At the present rate of construction, the road will be complete by mid-May.
The present amendment to the World Heritage Properties Conservation (the ‘Principal’) Regulations prohibits the construction of the road.
Regulation 1 deals with interpretation.
Regulation 2 inserts a new regulation 3B into the Principal Regulations. The new regulation prohibits the construction or establishment, and work preparatory to or associated with the construction or establishment, of a road or vehicular track in the relevant property which is within the Parishes of Dulanban and Garioch and, whether alone or in conjunction with other roads, existing or under construction, connects the Captain Cook Highway and the Peninsula Developmental Road.
Overview
The World Heritage Properties Conservation Act 1983 was enacted to address the need for the protection and conservation of properties that are recognised as having world heritage value under the Convention for the Protection of the World Cultural and Natural Heritage. This Act was introduced by the Australian Parliament to ensure that Australia meets its international obligations under the Convention, particularly in regard to the preservation of cultural and natural heritage sites. The Act aims to provide a legal framework that allows for the protection of these sites from activities that may cause damage, ensuring that they are conserved for future generations. In alignment with the policy objective of the Act, the World Heritage Properties Conservation Regulations (Amendment) 1988 were introduced to specifically address the threat posed by the proposed road construction through the Queensland rainforests, a site recognised under the Convention, by prohibiting such activities that could lead to irreparable damage to this world heritage property.
Scope and Application
The World Heritage Properties Conservation Act 1983, as amended by the World Heritage Properties Conservation Regulations (Amendment) 1988, applies to the conservation and protection of world heritage properties within Australia, specifically focusing on the preservation of natural heritage sites identified under the Convention for the Protection of the World Cultural and Natural Heritage. This Act is designed to prevent unlawful acts that may damage these heritage sites, with particular attention to the Queensland rainforests, which have been identified as part of Australia’s natural heritage under this Convention. The Act imposes restrictions on any person undertaking activities that could cause harm to these properties, ensuring that such activities require the written consent of the Minister. The geographic scope of the Act is national, extending to any world heritage property in Australia, with the amendment specifically targeting the Queensland rainforests. The amendment regulations introduced in 1988 explicitly prohibit the construction of a road through the rainforests, which were identified as being at risk of serious damage from such activities. The regulations extend to the prohibition of preparatory or associated works leading to road construction, thereby providing a comprehensive safeguard for the property in question.
Key Provisions
The main operative sections of the World Heritage Properties Conservation Regulations (Amendment) 1988 (the Amendment) include Regulation 1, which provides definitions and interpretations for terms used throughout the Amendment, and Regulation 2, which introduces a new regulation 3B. Regulation 3B specifically prohibits the construction or establishment of a road or vehicular track in the relevant property, within the Parishes of Dulanban and Garioch, which connects the Captain Cook Highway and the Peninsula Developmental Road. This prohibition also includes preparatory or associated works.
The obligations and requirements imposed by the Amendment on the parties or entities it governs are primarily centred around the protection and conservation of the Wet Tropical Rainforests of North-East Australia. The Amendment imposes a duty on individuals and entities to refrain from engaging in activities that could damage or irreparably harm the World Heritage property. Specifically, Regulation 3B mandates that no road or vehicular track can be constructed or established within the specified area without the written consent of the Minister, thereby ensuring that any developments are thoroughly assessed for their impact on the heritage property.
The consequences for breaching the provisions of the Amendment are significant, as violations may lead to both criminal and civil liabilities. Subsection 9(1) of the World Heritage Properties Conservation Act 1983 stipulates that any act done in contravention of a prescribed regulation is unlawful unless authorised by the Minister. The Amendment enforces this by prohibiting specific actions related to the construction of a road through the heritage property. The maximum penalties for contravening the regulations are not explicitly stated in the Amendment, but they can be inferred from the broader provisions of the Act, which may include fines and imprisonment for serious breaches.
Given the critical nature of preserving World Heritage sites, the Amendment underscores the importance of adhering to the regulations to avoid any potential damage to the Queensland rainforests. The regulations are designed to uphold Australia’s international obligations under the Convention for the Protection of the World Cultural and Natural Heritage, ensuring that the natural heritage is safeguarded for future generations.