EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO. 2
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 prevent forestry operations in the Wet Tropical Rainforests of North-East Australia in order to ensure that these areas of Queensland are conserved for future generations, in accordance with Australia’s obligations under the ‘Convention for the Protection of the World Cultural and Natural Heritage’.
The regulations provide as follows:
Regulation 1 - Formal. Provides that the Principal Regulations means the World Heritage Properties Conservation Regulations.
Regulation 2 - Provides for the insertion of a regulation which prohibits within the area to which the regulations apply activities associated with commercial forestry operations such as the cutting down or removing of trees, building of roads and carrying out of excavation works. The permitting, authorising, directing or ordering, or purporting to permit, authorise, direct or order, the doing of any such act is also prohibited. Specific provision is made to ensure traditional Aboriginal forestry activities can continue.
Regulation 3 - Amends the Principal Regulation by inserting a Schedule which describes the area of the Wet Tropical Rainforests of North-East Australia.
Overview
The World Heritage Properties Conservation Regulations (Amendment) 1988 was introduced to address the need for stricter conservation measures within the Wet Tropical Rainforests of North-East Australia. Enacted by the Parliament of Australia, the amendment aimed to align Australian practices with the country's commitments under the 'Convention for the Protection of the World Cultural and Natural Heritage'. The primary policy objective of this amendment was to prevent forestry operations within specified areas to ensure their preservation for future generations. The regulation specifically targets activities associated with commercial forestry, such as tree removal, road construction, and excavation, while making allowances for traditional Aboriginal forestry practices. The amendment thus seeks to balance conservation imperatives with cultural heritage considerations, ensuring the protection of these vital ecosystems while respecting Indigenous rights.
Scope and Application
The World Heritage Properties Conservation Regulations (Amendment) apply specifically to forestry operations within the Wet Tropical Rainforests of North-East Australia, a critical area in Queensland. The regulations are designed to enforce the conservation of these forests in line with Australia's commitments under the 'Convention for the Protection of the World Cultural and Natural Heritage'. They extend to prohibiting commercial forestry activities such as tree cutting, road construction, and excavation within the specified areas, while explicitly allowing for traditional Aboriginal forestry practices to continue. These regulations are geographically focused on the defined area of the Wet Tropical Rainforests of North-East Australia, as detailed in the amended Schedule within the Principal Regulations. Any permitting, authorising, directing or ordering of prohibited activities is also covered by the regulations, ensuring strict adherence to the conservation aims. The scope of these regulations is extended through subordinate instruments, which may further detail the specific activities and exemptions applicable within the conservation area.
Key Provisions
The main operative sections of the World Heritage Properties Conservation Regulations (Amendment) are straightforward yet pivotal in their intent and scope. Regulation 2 is particularly significant as it introduces a new prohibition within the specified area against activities associated with commercial forestry operations (Reg. 2). This includes the cutting down or removing of trees, the building of roads, and the carrying out of excavation works. Moreover, the regulation extends its prohibition to any act of permitting, authorising, directing, or ordering these activities, as well as any act purporting to do so (Reg. 2). Regulation 3 amends the Principal Regulation by inserting a Schedule that precisely defines the geographical scope of the Wet Tropical Rainforests of North-East Australia, thereby delineating the area where the prohibitions apply.
These regulations impose specific obligations on parties and entities operating within the designated area. For instance, any commercial forestry operations must cease, and entities involved in such operations must refrain from any activities that fall under the prohibitions set out in Regulation 2 (Reg. 2). Additionally, any entity that might be involved in permitting, authorising, directing, or ordering the aforementioned activities must also abstain from such actions (Reg. 2). The regulation ensures that traditional Aboriginal forestry activities can continue, thus maintaining a balance between conservation efforts and cultural practices.
The amendments also introduce potential consequences for non-compliance with the regulations. While the Explanatory Statement does not explicitly detail the penalties, breaches of regulations concerning the protection of World Heritage properties can generally lead to severe civil and criminal penalties under related legislation. For instance, under the Environment Protection and Biodiversity Conservation Act 1999, individuals or entities found in violation of the regulations might face significant fines, with penalties reaching up to AUD 1.1 million for corporations and AUD 220,000 for individuals, in addition to potential imprisonment terms. The precise penalties would depend on the specific breach and the applicable laws at the time of the offence.