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WORLD HERITAGE PROPERTIES CONSERVATION REGULATIONS (AMENDMENT) 1994 NO. 388

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.

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