EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO. 47
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 commercial 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.
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 Regulations by inserting a Schedule which describes the area of the Wet Tropical Rainforests of North-East Australia.
The regulations are intended to replace Statutory Rules 1988 No 2 which were declared never to have had any effect by section 11 of the Conservation Legislation Amendment Act 1988.
............
Minister’s Initials
Overview
The World Heritage Properties Conservation Regulations (Amendment) 1988, issued under the authority of the Minister of State for the Arts, Sport, the Environment, Tourism and Territories, aims to address the problem of commercial forestry operations threatening the conservation of the Wet Tropical Rainforests of North-East Australia. These rainforests, which are of significant ecological importance, face potential degradation from activities such as tree cutting, road construction, and excavation works. The primary policy objective of these regulations is to safeguard these areas for future generations by prohibiting such activities within the specified zones. The regulations ensure that the traditional forestry practices of Aboriginal communities are not affected, allowing them to continue their cultural activities while preserving the natural heritage. These amendments replace earlier regulations that were declared ineffective, reinforcing the commitment to protect Australia's natural and cultural heritage.
Scope and Application
The World Heritage Properties Conservation Regulations (Amendment) apply to commercial forestry operations within the Wet Tropical Rainforests of North-East Australia, specifically targeting activities such as the cutting down or removing of trees, the building of roads, and the carrying out of excavation works. The amendment is designed to protect these areas for future generations while ensuring that traditional Aboriginal forestry activities can continue. The regulations extend to the geographical area outlined in the Schedule of the amended Principal Regulations, which specifies the location of the Wet Tropical Rainforests in Queensland. The regulations are intended to replace previous legislation that was declared never to have had any effect, thereby ensuring a consistent approach to the conservation of this World Heritage site. Additionally, the regulations prohibit not only the direct execution of these forestry activities but also any permitting, authorising, directing, or ordering of such actions within the designated area.
Key Provisions
The primary operative sections of the World Heritage Properties Conservation Regulations (Amendment) pertain to the prohibition of commercial forestry activities within specified areas of the Wet Tropical Rainforests of North-East Australia. Section 2 of the regulations introduces a new regulation that explicitly prohibits activities such as the cutting down or removal of trees, the building of roads, and the carrying out of excavation works within the designated area. It is equally important to note that the regulations also prohibit the permitting, authorising, directing, or ordering of any such acts, as well as any actions that purport to do so. An exception is made for traditional Aboriginal forestry activities, ensuring that these cultural practices are not curtailed by the provisions of this regulation.
The World Heritage Properties Conservation Regulations (Amendment) imposes several obligations on the parties and entities it governs. These obligations primarily revolve around compliance with the new prohibitions on commercial forestry activities. Entities and individuals operating within the specified area must ensure that their operations do not include any of the prohibited activities. This includes refraining from engaging in, authorising, or directing any actions that could be interpreted as permitting or encouraging the prohibited activities. Additionally, the regulations require a clear understanding and respect for the exception concerning traditional Aboriginal forestry activities, ensuring that these practices are not inadvertently restricted.
In terms of offences and penalties, the regulations do not explicitly detail the specific penalties for breaches. However, breaches of regulations governing heritage conservation in Australia typically attract both civil and criminal consequences. Civil penalties may include fines and compensation orders, with the severity depending on the nature and extent of the breach. Criminal penalties could include fines and imprisonment, reflecting the seriousness with which the law treats violations of conservation regulations. The exact penalties would be determined in the context of the specific breach and would be guided by relevant legislation and judicial discretion.