EXPLANATORY STATEMENT
STATUTORY RULES NO. 65
WORLD HERITAGE PROPERTIES CONSERVATION REGULATIONS
(Issued under the authority of the Minister of State for Home Affairs and Environment)
The World Heritage Properties Conservation Act 1983, (‘the Act’) s.21(1) (a) authorizes the making of regulations prescribing matters permitted by the Act to be prescribed. Section 3(2)(a)(ii) of the Act refers to regulations declaring property to form part of the cultural heritage or natural heritage. The purpose of the World Heritage Properties Conservation Regulations is to declare certain areas in South West Tasmania to be property forming part of the cultural heritage or natural heritage.
The Regulations provide as follows:-
Regulation 1 - Formal. Provides for the citation of the Regulations.
Regulation 2 - Paragraph (a) - Declares the area that Australia nominated to the World Heritage List (under the World Heritage Convention) on 13 November 1981 to be property forming part of the natural heritage.
Paragraph (b) - Declares an area surrounding the Franklin River and the Gordon River to be a property forming part of the natural heritage. This property is within the area declared under paragraph (a).
Regulation 3 - Paragraph (a) - Declares an area adjacent to the Franklin River, being that part of a limestone belt in which important archaeological sites have been found, to be property forming part of the cultural heritage.
Paragraph (b) - Declares two known archaeological sites in the area declared under paragraph (a) to be property forming part of the cultural heritage.
Paragraph (c) - Declares all other archaeological sites in the area declared under paragraph (a) to be property forming part of the cultural heritage.
Schedule 1 - Delineates the boundaries of the area declared to be property forming part of the natural heritage under Regulation 2(b).
Schedule 2 - Delineates the boundaries of the area declared to be property forming part of the cultural heritage under Regulation 3(a).
Overview
The World Heritage Properties Conservation Regulations 1996 were introduced under the authority of the Minister of State for Home Affairs and Environment and are made pursuant to the World Heritage Properties Conservation Act 1983. The Act was enacted to address the need for the conservation of Australia's natural and cultural heritage sites, particularly those of world significance. The primary objective of these regulations is to designate specific areas in South West Tasmania as part of the cultural and natural heritage, thereby recognising their importance and ensuring their protection. This formal recognition aligns with Australia’s commitment under the World Heritage Convention, which seeks to conserve and preserve the world's heritage for future generations. The regulations seek to protect not only the broader natural heritage areas but also specific archaeological sites of cultural significance.
Scope and Application
The World Heritage Properties Conservation Regulations, made under the World Heritage Properties Conservation Act 1983, apply to specific areas in South West Tasmania designated as part of the cultural or natural heritage. The Act and the subsequent regulations aim to protect these areas by classifying them as heritage properties, ensuring that their unique natural and cultural significance is preserved. The regulations explicitly declare the areas nominated to the World Heritage List, including the broader area identified under the World Heritage Convention and the specific regions surrounding the Franklin River and the Gordon River as part of the natural heritage. Additionally, certain areas adjacent to the Franklin River, particularly those within a limestone belt where significant archaeological discoveries have been made, are classified as part of the cultural heritage. This includes particular archaeological sites as well as all other archaeological sites within the nominated area. The Act and the regulations collectively ensure that these heritage properties receive the necessary protections and management to maintain their heritage value. The jurisdictional reach of these regulations is confined to the specified areas in South West Tasmania, with no broader national or international application unless further regulations or amendments are enacted.
Key Provisions
The World Heritage Properties Conservation Regulations (F1996B00013) serve to implement the provisions of the World Heritage Properties Conservation Act 1983. Under Regulation 2(a), the area that Australia nominated to the World Heritage List on 13 November 1981 is declared as part of the natural heritage. This declaration signifies the importance of the area under international law and aligns with the World Heritage Convention. Regulation 2(b) further specifies an area surrounding the Franklin River and the Gordon River as part of the natural heritage, nested within the broader nomination under Regulation 2(a).
These regulations impose several obligations on the parties involved. Firstly, the declared areas are now subject to stringent conservation requirements aimed at preserving their natural and cultural significance. The regulations necessitate that any activities within these areas must not compromise their heritage values. Specifically, Regulation 3(a) requires the protection of an adjacent limestone belt with significant archaeological findings, while Regulations 3(b) and 3(c) mandate the preservation of known and other archaeological sites within the nominated areas. This includes a responsibility to prevent damage or unauthorized alterations to these sites.
Breaches of the regulations can result in serious consequences. While the specific penalties are not detailed within the regulations, the Act generally provides for both civil and criminal sanctions for non-compliance. Civil penalties can include fines and orders for remediation, while criminal penalties may result in imprisonment, reflecting the serious nature of the offences. The precise penalties would be determined in accordance with the provisions of the World Heritage Properties Conservation Act 1983, ensuring that violators are held accountable for their actions against the protected heritage sites.