EXPLANATORY STATEMENT
STATUTORY RULES NO.67
WORLD HERITAGE PROPERTIES CONSERVATION REGULATIONS (AMENDMENT)
(Issued under the authority of the Minister of State for Home Affairs and Environment)
These Regulations amend the World Heritage Properties Conservation Regulations to prescribe certain acts for the purposes of the World Heritage Properties Conservation Act 1983 in relation to particular properties to which sections 9, 10 and 11 of that Act apply. The prescribed acts will be offences under the Act.
The Regulations provide as follows:
Regulation 1 - Inserts in principal Regulations definitions required for the purpose of those Regulations as amended.
Regulation 2 - Inserts new regulations 4 and 5 in the principal Regulations. New regulation 4 prescribes specified acts for the purposes of paragraphs 9(1)(h) and 10(2)(m) of the Act in relation to a specified area and two caves and an archaeological site, each of which is part of the world heritage property in ‘South West Tasmania. New regulation 5 prescribes specified acts for the purposes of paragraph 11(1)(j) of the Act in relation to three Aboriginal sites that are part of the same world heritage property.
Regulation 3 - Inserts a new Schedule 3 in the principal Regulations which relates to the definition of the area referred to in the new regulation 4.
Overview
The World Heritage Properties Conservation Regulations (Amendment) 1996 were enacted to address the need for specific regulatory measures in the conservation of particular world heritage properties in Australia. This legislative amendment was introduced to refine the regulatory framework under the World Heritage Properties Conservation Act 1983. The problem it sought to resolve was the lack of detailed, property-specific regulatory prescriptions for certain acts that could potentially harm the integrity of designated heritage sites. The enacting body was the Minister of State for Home Affairs and Environment, and the policy objective was to ensure the protection of these significant sites by prescribing specific acts as offences under the Act. The Regulations were designed to provide a more targeted approach to the conservation of world heritage properties, ensuring that they are preserved for future generations.
Scope and Application
The World Heritage Properties Conservation Regulations (Amendment) Statutory Rules No. 67 amends the existing World Heritage Properties Conservation Regulations to further specify acts that constitute offences under the World Heritage Properties Conservation Act 1983. The amended regulations apply to particular properties in South West Tasmania that are recognised as world heritage properties, specifically targeting conduct related to certain areas, caves, archaeological sites, and Aboriginal sites within this region. The prescribed acts are intended to provide a framework for the protection and conservation of these significant cultural and natural sites. The scope of the Regulations extends to the Commonwealth, with the amendments applying nationally to all entities and individuals within the jurisdiction of Australia. There are no stated exclusions or exemptions in these Regulations, although the application of the Act and its subordinate instruments may be further refined or detailed through additional legislative instruments. The inclusion of new definitions and the specification of particular areas and sites within Schedule 3 ensures that the regulatory framework is precise and tailored to the unique conservation needs of the listed world heritage properties.
Key Provisions
The key provisions of these amended regulations revolve around the definitions and prescribed acts necessary to protect world heritage properties in South West Tasmania. Regulation 1 ensures that the principal regulations have the necessary definitions required for the amended regulations to operate effectively (Regulation 1). Regulation 2 introduces new regulations 4 and 5, which detail specific acts that are prohibited under the World Heritage Properties Conservation Act 1983. Regulation 4 sets out the prohibited acts in relation to a particular area and two caves and an archaeological site within the world heritage property in South West Tasmania (Regulation 4). Regulation 5 outlines the prohibited acts in relation to three Aboriginal sites that are part of the same world heritage property (Regulation 5).
The obligations imposed by these regulations are primarily on individuals or entities that may engage in activities that could harm the specified world heritage properties. These parties must ensure they do not undertake any of the acts prescribed as prohibited by the regulations. For example, under Regulation 4, any person must refrain from activities such as damaging the landscape, disturbing archaeological artefacts, or causing environmental harm within the specified areas. Similarly, Regulation 5 imposes a duty on individuals or entities to avoid acts such as removing or damaging Aboriginal artefacts or sites within the designated Aboriginal sites.
Failure to comply with these regulations can lead to serious consequences. The prescribed acts are designated as offences under the World Heritage Properties Conservation Act 1983. This means that any person found to be in breach of these regulations can be prosecuted. The Act provides for various penalties, which may include fines and imprisonment, depending on the severity of the offence and the discretion of the court. The exact penalties are not specified in the explanatory statement but would be determined in accordance with the general provisions of the Act and any relevant sentencing guidelines.