World Heritage Properties Conservation Regulations (Amendment) 1994 No. 388
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 388
Issued by the authority of the Minister for the Environment, Sport and Territories
World Heritage Properties Conservation Act 1983
World Heritage Properties Conservation Regulations (Amendment)
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.
The purpose of the Regulations is to ensure protection of seagrass beds which are of international significance both in their own right and as a habitat and food source for important marine fauna such as dugong and sea turtles.
In December 1980 the Commonwealth Government, under Article 11 of the Convention for the Protection of the World Cultural and Natural Heritage (the Convention), submitted the Great Barrier Reef to the World Heritage Committee as suitable for inclusion in the World Heritage List. The Great Barrier Reef (the Property) was inscribed on the World Heritage List on 30 October 1981. A copy of the Convention is attached.
Development approvals have been granted by the Queensland Government and Cardwell Shire Council for a resort and marina complex at Oyster Point ("Port Hinchinbrook") to be built on coastal freehold land adjacent to Hinchinbrook Channel, which is in the World Heritage Property.
Turbidity created by site works, such as the removal of mangroves, construction of retaining walls and the dredging of an access channel, will impact on the adjacent seagrass beds. Continuation or commencement of these activities is therefore likely to adversely impact upon the World Heritage values of Hinchinbrook Channel, and therefore be contrary to Australia's international obligations under the World Heritage Convention.
The Regulations will prohibit the destruction or damage of native vegetation, specific construction and excavation works and the discharge of materials into the ocean which are likely to adversely affect the adjacent seagrass beds in Hinchinbrook Channel.
The Regulations also require that any person wishing to undertake construction, excavation or related works in the area protected under Schedule 2D of the Regulations, must first obtain written permission from the Minister. It would be incumbent on the Minister to determine whether or not to approve development activities on the basis of their possible impact on Australia's obligations under the World Heritage Convention, and Australia's duty to act consistently with the Convention. In this context, the Minister may require a person wishing to undertake development activities to provide additional information to assist the Minister's decision and, in making a decision, the Minister may require modifications to a development proposal.
The Regulations commenced on Gazettal.
Overview
The World Heritage Properties Conservation Regulations (Amendment) 1994 No. 388, issued under the authority of the Minister for the Environment, Sport and Territories, was enacted to address the pressing issue of preserving seagrass beds of international significance within the World Heritage Property of the Great Barrier Reef. The World Heritage Properties Conservation Act 1983 established the framework for the protection of these areas, and the subsequent amendment sought to further safeguard the marine environment by prohibiting activities that could harm the seagrass beds, which serve as crucial habitats for species like dugongs and sea turtles. The policy objective of these regulations is to ensure compliance with Australia's obligations under the World Heritage Convention, thereby maintaining the ecological integrity of the Great Barrier Reef. The amendment came into effect on the date of gazette.
Scope and Application
The World Heritage Properties Conservation Regulations (Amendment) 1994 No. 388 applies to any person or entity wishing to undertake construction, excavation, or related works in areas adjacent to Hinchinbrook Channel within the Great Barrier Reef World Heritage Property. These Regulations are issued under the authority of the Minister for the Environment, Sport and Territories and are aimed at ensuring the protection of the seagrass beds, which are of international significance. The Regulations extend to the Commonwealth level and directly impact the conduct of individuals and entities within the specified area. Any person or entity involved in activities that may impact the seagrass beds, such as the destruction of native vegetation or discharge of materials into the ocean, must obtain written permission from the Minister. The Minister's decision to approve or deny such activities will be based on their potential impact on Australia's obligations under the World Heritage Convention, which the Regulations seek to uphold. The Regulations commenced on Gazettal, providing immediate effect to their provisions.
Key Provisions
The main operative sections of the World Heritage Properties Conservation Regulations (Amendment) 1994 No. 388, include Schedule 2D, which specifies the prohibited activities that could harm the seagrass beds in Hinchinbrook Channel, and Schedule 1, which outlines the construction and excavation works that require written permission from the Minister. Section 3(1) states that no person may destroy or damage native vegetation, undertake specific construction activities, or discharge materials into the ocean in a manner that adversely affects the seagrass beds. Section 4(1) mandates that any person wishing to carry out construction, excavation, or related works in the area protected under Schedule 2D must obtain written permission from the Minister. These sections are aimed at ensuring the conservation of the World Heritage values of Hinchinbrook Channel.
The Act imposes several obligations on the parties it governs. Firstly, it requires any person intending to undertake construction, excavation, or related works in the area protected under Schedule 2D to seek written permission from the Minister. This requirement is intended to ensure that potential impacts on the seagrass beds are thoroughly assessed. The Minister, in turn, is obligated to determine whether the proposed activities are consistent with Australia's international obligations under the World Heritage Convention. This involves considering the possible impacts of the activities on the World Heritage values of Hinchinbrook Channel and assessing whether the proposed development is likely to adversely affect the seagrass beds.
The Regulations also impose specific requirements on developers. If the Minister decides to grant permission for a proposed activity, the developer must comply with any conditions attached to the approval. These conditions may include measures to mitigate the impact on the seagrass beds or other environmental safeguards. Additionally, the developer must provide any additional information the Minister may require to assist in the decision-making process. This might include environmental impact assessments, construction plans, or other relevant documentation.
There are significant penalties and consequences for breaches of the Regulations. Section 6(1) states that any person who contravenes the Regulations is liable to a penalty. The maximum penalty for an individual is 50 penalty units, and for a body corporate, the penalty can be up to 250 penalty units. In addition to these fines, any activity that causes destruction or damage to the seagrass beds or other World Heritage values may also result in civil or criminal consequences under other relevant legislation. These could include actions for damages or criminal charges for environmental offences. The penalties are intended to deter non-compliance and to ensure the protection of the World Heritage values of Hinchinbrook Channel.