{"id":"F2019L00120","name":"Aboriginal and Torres Strait Islander Heritage Protection (Butterfly Cave, West Wallsend, NSW) Declaration 2019","slug":"aboriginal-and-torres-strait-islander-heritage-protection-butterfly-cave-west-wallsend-nsw-declarati","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98739,"registerId":"commonwealth-F2019L00120-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary matters","content":"## Part 1—Preliminary matters\n\n#### 1 Name\n\n  This instrument is the Aboriginal and Torres Strait Islander Heritage Protection (Butterfly Cave, West Wallsend, NSW) Declaration 2019.\n\n#### 2 Commencement\n\n  This instrument commences on the day after registration.\n\n#### 3 Authority\n\n  This instrument is made under section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.\n\n#### 4 Definitions\n\n  In this instrument:\n\n> Act means the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.\n\n> authorised person has the meaning given by subsection 6(5).\n\n> boundary line has the meaning given by item 1 of Schedule 1.\n\n> declared area means the area described in section 5 of this instrument.\n\n> Geocentric Datum of Australia 1994 (GDA94) means Australia’s current national datum system. A geodetic datum is a system of latitude and longitude coordinates and reference points that is used to locate places on the Earth.\n\n> MGA94 means the Map Grid of Australia, the standard map projection associated with GDA94. It is a ‘Cartesian coordinate system’ which uses eastings and northings rather than latitude/longitude, and in which the world is divided up into 60 zones for reference.\n\n> land includes soil and vegetation.\n\n> Note: A number of expressions used in this instrument are defined in the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, including the following:\n\n    (a) Aboriginal;\n    (b) area;\n    (c) significant Aboriginal area.\n\n  \n\n## Part 2—Declaration to preserve and protect a significant Aboriginal area\n\n#### 5 Declared area\n\n  (1) The area to which this declaration applies (the declared area) is the area bounded by the boundary line.\n\n> Note: The boundary line is defined in Schedule 1.\n\n  (2) The position of the declared area is to be determined by reference to the Geocentric Datum of Australia 94 and MGA94 .\n\n> Note: Geocentric Datum of Australia and MGA94 are defined in section 4.\n\n  ![The map illustrates the declared area under section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984](image.002.png) (3) The following map illustrates the declared area:\n\n#### 6 Prohibitions and restrictions with respect to the declared area\n\n  (1) For section 10 of the Act, the declared area is a significant Aboriginal area that is to be preserved and protected from injury and desecration.\n  (2) A person must not do any act in, on or near the declared area that will, or is likely to, injure or desecrate the declared area.\n\n> Note: Subsection 3(2) of the Act relevantly states that for the purposes of the Act, an area shall be taken to be injured or desecrated if:\n\n> Note: (i) it is used or treated in a manner inconsistent with Aboriginal tradition;\n\n> Note: (ii) by reason of anything done in, on or near the area, the use or significance of the area in accordance with Aboriginal tradition is adversely affected; or\n\n> Note: (iii) passage through or over, or entry upon, the area by any person occurs in a manner inconsistent with Aboriginal Tradition.\n\n> Note: Under subsection 22(1) of the Act, a person commits an offence if the person engages in conduct that contravenes a provision of a declaration made under Part II of the Act in relation to a significant Aboriginal area.\n\n  (3) Without limiting subsection (2), a person must not:\n    (a) pass through or over, or enter, the declared area; or\n    (b) conduct any activity that will, or is likely to, damage or deface any rock or land in the declared area; or\n    (c) bulldoze, grade, drill, excavate, cut, fill, blast, clear, demolish, tunnel, burn, remove, or otherwise damage land in the declared area; or\n    (d) build or construct any road, building or structure in, or intruding into, the declared area; or\n    (e) conduct any activity that will, or is likely to, disturb soil or vegetation in the declared area, \\[except where consistent with a plan of management made under the National Parks and Wildlife Act 1974 (NSW) that has been endorsed by the Awabakal Local Aboriginal Land Council\\];\n    (f) disturb vegetation on land surrounding the declared area in a manner that will increase the visibility of the area.\n\n> Note: Under subsection 22(1) of the Act, a person commits an offence if the person engages in conduct that contravenes a provision of a declaration made under Part II of the Act in relation to a significant Aboriginal area.\n\n  (4) Subsections (2) and (3) do not apply to acts done by an authorised person:\n    (a) for the purposes of practising or observing Aboriginal traditions, observances, cultural practices, customs, or beliefs;\n    (b) for the purposes of education, research, management, monitoring, revegetation, restoration or rehabilitation; or\n    (c) where doing the act is authorised or required by law.\n  (5) A person is an authorised person in relation to the doing of an act if:\n    (a) the person has received permission to do the act from the Awabakal Local Aboriginal Land Council; or\n    (b) the person is authorised or required by law to do the act.\n  (6) For the purposes of paragraph 5(b), a person is authorised or required by law to do an act if a plan of management under the National Parks and Wildlife Act 1974 (NSW) that has been developed in consultation with, and endorsed by the Awabakal Local Aboriginal Land Council and that plan of management authorises or requires the doing of the act.\n  (7) For the purposes of paragraph 5(b), subject to subsection (6), a person is not authorised or required by law to do an act merely because the person has received an approval, permission, authority or consent to undertake activities in connection with using or developing land in, on or near the declared area.\n\n  \n\nSchedule 1—Boundary line\n\n#### 1 Boundary line of the declared area\n\n  (1) The boundary line is a line commencing at the point in item 1 of the following table and proceeding through each of the coordinates listed in column 1 of the table in the manner described in column 2 of the table:\n\n| Item | Column 1                                                                                           | Column 2                                                    |\n| ---- | -------------------------------------------------------------------------------------------------- | ----------------------------------------------------------- |\n|      | The line runs from this point…                                                                     | thence…                                                     |\n| 1    | The whole of the area bounded by a line commencing at the point MGA Zone 56 367954mE and 6358379mN | and then generally north east to the point                  |\n| 2    | 367989mE and 6358402mN                                                                             | then generally north east to the point                      |\n| 3    | 368001mE and 6358415mN                                                                             | then generally north east to the point                      |\n| 4    | 368007mE and 6358417mN                                                                             | then generally east to the point                            |\n| 5    | 368016mE and 6358416mN                                                                             | then generally north east to the point                      |\n| 6    | 368028mE and 6358420mN                                                                             | then generally north east to the point                      |\n| 7    | 368034mE and 6358425mN                                                                             | then generally north east to the point                      |\n| 8    | 368070mE and 6358436mN                                                                             | then generally north east to the point                      |\n| 9    | 368134mE and 6358483mN                                                                             | then generally north east to the point                      |\n| 10   | 368140mE and 6358494mN                                                                             | then generally north east to the point                      |\n| 11   | 368170mE and 6358517mN                                                                             | then generally north east to the point                      |\n| 12   | 368337mE and 6358592mN                                                                             | then generally south to the point                           |\n| 13   | 368344mE and 6358480mN                                                                             | then generally south west to the point                      |\n| 14   | 368332mE and 6358420mN                                                                             | then generally south west to the point                      |\n| 15   | 368314mE and 6358367mN                                                                             | then generally south west to the point                      |\n| 16   | 368292mE and 6358319mN                                                                             | then generally south west to the point                      |\n| 17   | 368247mE and 6358237mN                                                                             | then generally north west to the point                      |\n| 18   | 368176mE and 6358278mN                                                                             | then generally north west to the point                      |\n| 19   | 368138mE and 6358311mN                                                                             | then generally north west to the point                      |\n| 20   | 368102mE and 6358351mN                                                                             | then generally north west to the point                      |\n| 21   | 368093mE and 6358358mN                                                                             | then generally north west to the point                      |\n| 22   | 368084mE and 6358362mN                                                                             | then generally west to the point                            |\n| 23   | 368071mE and 6358362mN                                                                             | then generally west to the point                            |\n| 24   | 368064mE and 6358360mN                                                                             | then generally west to the point                            |\n| 25   | 368044mE and 6358359mN                                                                             | then generally south west to the point                      |\n| 26   | 368032mE and 6358353mN                                                                             | then generally south west to the point                      |\n| 27   | 367985mE and 6358335mN                                                                             | then generally south west to the point                      |\n| 28   | 367969mE and 6358327mN                                                                             | then generally north west back to the point of commencement |\n\n  (2) Directions included in the table in subitem (1) are indicative only.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Aboriginal and Torres Strait Islander Heritage Protection (Butterfly Cave, West Wallsend, NSW) Declaration 2019.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences on the day after registration.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this instrument:\n\n> Act means the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.\n\n> authorised person has the meaning given by subsection 6(5).\n\n> boundary line has the meaning given by item 1 of Schedule 1.\n\n> declared area means the area described in section 5 of this instrument.\n\n> Geocentric Datum of Australia 1994 (GDA94) means Australia’s current national datum system. A geodetic datum is a system of latitude and longitude coordinates and reference points that is used to locate places on the Earth.\n\n> MGA94 means the Map Grid of Australia, the standard map projection associated with GDA94. It is a ‘Cartesian coordinate system’ which uses eastings and northings rather than latitude/longitude, and in which the world is divided up into 60 zones for reference.\n\n> land includes soil and vegetation.\n\n> Note: A number of expressions used in this instrument are defined in the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, including the following:\n\n    (a) Aboriginal;\n    (b) area;\n    (c) significant Aboriginal area.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Declaration to preserve and protect a significant Aboriginal area","content":"## Part 1—Preliminary matters\n\n#### 1 Name\n\n  This instrument is the Aboriginal and Torres Strait Islander Heritage Protection (Butterfly Cave, West Wallsend, NSW) Declaration 2019.\n\n#### 2 Commencement\n\n  This instrument commences on the day after registration.\n\n#### 3 Authority\n\n  This instrument is made under section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.\n\n#### 4 Definitions\n\n  In this instrument:\n\n> Act means the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.\n\n> authorised person has the meaning given by subsection 6(5).\n\n> boundary line has the meaning given by item 1 of Schedule 1.\n\n> declared area means the area described in section 5 of this instrument.\n\n> Geocentric Datum of Australia 1994 (GDA94) means Australia’s current national datum system. A geodetic datum is a system of latitude and longitude coordinates and reference points that is used to locate places on the Earth.\n\n> MGA94 means the Map Grid of Australia, the standard map projection associated with GDA94. It is a ‘Cartesian coordinate system’ which uses eastings and northings rather than latitude/longitude, and in which the world is divided up into 60 zones for reference.\n\n> land includes soil and vegetation.\n\n> Note: A number of expressions used in this instrument are defined in the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, including the following:\n\n    (a) Aboriginal;\n    (b) area;\n    (c) significant Aboriginal area.\n\n  \n\n## Part 2—Declaration to preserve and protect a significant Aboriginal area\n\n#### 5 Declared area\n\n  (1) The area to which this declaration applies (the declared area) is the area bounded by the boundary line.\n\n> Note: The boundary line is defined in Schedule 1.\n\n  (2) The position of the declared area is to be determined by reference to the Geocentric Datum of Australia 94 and MGA94 .\n\n> Note: Geocentric Datum of Australia and MGA94 are defined in section 4.\n\n  ![The map illustrates the declared area under section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984](image.002.png) (3) The following map illustrates the declared area:\n\n#### 6 Prohibitions and restrictions with respect to the declared area\n\n  (1) For section 10 of the Act, the declared area is a significant Aboriginal area that is to be preserved and protected from injury and desecration.\n  (2) A person must not do any act in, on or near the declared area that will, or is likely to, injure or desecrate the declared area.\n\n> Note: Subsection 3(2) of the Act relevantly states that for the purposes of the Act, an area shall be taken to be injured or desecrated if:\n\n> Note: (i) it is used or treated in a manner inconsistent with Aboriginal tradition;\n\n> Note: (ii) by reason of anything done in, on or near the area, the use or significance of the area in accordance with Aboriginal tradition is adversely affected; or\n\n> Note: (iii) passage through or over, or entry upon, the area by any person occurs in a manner inconsistent with Aboriginal Tradition.\n\n> Note: Under subsection 22(1) of the Act, a person commits an offence if the person engages in conduct that contravenes a provision of a declaration made under Part II of the Act in relation to a significant Aboriginal area.\n\n  (3) Without limiting subsection (2), a person must not:\n    (a) pass through or over, or enter, the declared area; or\n    (b) conduct any activity that will, or is likely to, damage or deface any rock or land in the declared area; or\n    (c) bulldoze, grade, drill, excavate, cut, fill, blast, clear, demolish, tunnel, burn, remove, or otherwise damage land in the declared area; or\n    (d) build or construct any road, building or structure in, or intruding into, the declared area; or\n    (e) conduct any activity that will, or is likely to, disturb soil or vegetation in the declared area, \\[except where consistent with a plan of management made under the National Parks and Wildlife Act 1974 (NSW) that has been endorsed by the Awabakal Local Aboriginal Land Council\\];\n    (f) disturb vegetation on land surrounding the declared area in a manner that will increase the visibility of the area.\n\n> Note: Under subsection 22(1) of the Act, a person commits an offence if the person engages in conduct that contravenes a provision of a declaration made under Part II of the Act in relation to a significant Aboriginal area.\n\n  (4) Subsections (2) and (3) do not apply to acts done by an authorised person:\n    (a) for the purposes of practising or observing Aboriginal traditions, observances, cultural practices, customs, or beliefs;\n    (b) for the purposes of education, research, management, monitoring, revegetation, restoration or rehabilitation; or\n    (c) where doing the act is authorised or required by law.\n  (5) A person is an authorised person in relation to the doing of an act if:\n    (a) the person has received permission to do the act from the Awabakal Local Aboriginal Land Council; or\n    (b) the person is authorised or required by law to do the act.\n  (6) For the purposes of paragraph 5(b), a person is authorised or required by law to do an act if a plan of management under the National Parks and Wildlife Act 1974 (NSW) that has been developed in consultation with, and endorsed by the Awabakal Local Aboriginal Land Council and that plan of management authorises or requires the doing of the act.\n  (7) For the purposes of paragraph 5(b), subject to subsection (6), a person is not authorised or required by law to do an act merely because the person has received an approval, permission, authority or consent to undertake activities in connection with using or developing land in, on or near the declared area.\n\n  \n\nSchedule 1—Boundary line\n\n#### 1 Boundary line of the declared area\n\n  (1) The boundary line is a line commencing at the point in item 1 of the following table and proceeding through each of the coordinates listed in column 1 of the table in the manner described in column 2 of the table:\n\n| Item | Column 1                                                                                           | Column 2                                                    |\n| ---- | -------------------------------------------------------------------------------------------------- | ----------------------------------------------------------- |\n|      | The line runs from this point…                                                                     | thence…                                                     |\n| 1    | The whole of the area bounded by a line commencing at the point MGA Zone 56 367954mE and 6358379mN | and then generally north east to the point                  |\n| 2    | 367989mE and 6358402mN                                                                             | then generally north east to the point                      |\n| 3    | 368001mE and 6358415mN                                                                             | then generally north east to the point                      |\n| 4    | 368007mE and 6358417mN                                                                             | then generally east to the point                            |\n| 5    | 368016mE and 6358416mN                                                                             | then generally north east to the point                      |\n| 6    | 368028mE and 6358420mN                                                                             | then generally north east to the point                      |\n| 7    | 368034mE and 6358425mN                                                                             | then generally north east to the point                      |\n| 8    | 368070mE and 6358436mN                                                                             | then generally north east to the point                      |\n| 9    | 368134mE and 6358483mN                                                                             | then generally north east to the point                      |\n| 10   | 368140mE and 6358494mN                                                                             | then generally north east to the point                      |\n| 11   | 368170mE and 6358517mN                                                                             | then generally north east to the point                      |\n| 12   | 368337mE and 6358592mN                                                                             | then generally south to the point                           |\n| 13   | 368344mE and 6358480mN                                                                             | then generally south west to the point                      |\n| 14   | 368332mE and 6358420mN                                                                             | then generally south west to the point                      |\n| 15   | 368314mE and 6358367mN                                                                             | then generally south west to the point                      |\n| 16   | 368292mE and 6358319mN                                                                             | then generally south west to the point                      |\n| 17   | 368247mE and 6358237mN                                                                             | then generally north west to the point                      |\n| 18   | 368176mE and 6358278mN                                                                             | then generally north west to the point                      |\n| 19   | 368138mE and 6358311mN                                                                             | then generally north west to the point                      |\n| 20   | 368102mE and 6358351mN                                                                             | then generally north west to the point                      |\n| 21   | 368093mE and 6358358mN                                                                             | then generally north west to the point                      |\n| 22   | 368084mE and 6358362mN                                                                             | then generally west to the point                            |\n| 23   | 368071mE and 6358362mN                                                                             | then generally west to the point                            |\n| 24   | 368064mE and 6358360mN                                                                             | then generally west to the point                            |\n| 25   | 368044mE and 6358359mN                                                                             | then generally south west to the point                      |\n| 26   | 368032mE and 6358353mN                                                                             | then generally south west to the point                      |\n| 27   | 367985mE and 6358335mN                                                                             | then generally south west to the point                      |\n| 28   | 367969mE and 6358327mN                                                                             | then generally north west back to the point of commencement |\n\n  (2) Directions included in the table in subitem (1) are indicative only.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Declared area","content":"#### 5 Declared area\n\n  (1) The area to which this declaration applies (the declared area) is the area bounded by the boundary line.\n\n> Note: The boundary line is defined in Schedule 1.\n\n  (2) The position of the declared area is to be determined by reference to the Geocentric Datum of Australia 94 and MGA94 .\n\n> Note: Geocentric Datum of Australia and MGA94 are defined in section 4.\n\n  ![The map illustrates the declared area under section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984](image.002.png) (3) The following map illustrates the declared area:","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Prohibitions and restrictions with respect to the declared area","content":"#### 6 Prohibitions and restrictions with respect to the declared area\n\n  (1) For section 10 of the Act, the declared area is a significant Aboriginal area that is to be preserved and protected from injury and desecration.\n  (2) A person must not do any act in, on or near the declared area that will, or is likely to, injure or desecrate the declared area.\n\n> Note: Subsection 3(2) of the Act relevantly states that for the purposes of the Act, an area shall be taken to be injured or desecrated if:\n\n> Note: (i) it is used or treated in a manner inconsistent with Aboriginal tradition;\n\n> Note: (ii) by reason of anything done in, on or near the area, the use or significance of the area in accordance with Aboriginal tradition is adversely affected; or\n\n> Note: (iii) passage through or over, or entry upon, the area by any person occurs in a manner inconsistent with Aboriginal Tradition.\n\n> Note: Under subsection 22(1) of the Act, a person commits an offence if the person engages in conduct that contravenes a provision of a declaration made under Part II of the Act in relation to a significant Aboriginal area.\n\n  (3) Without limiting subsection (2), a person must not:\n    (a) pass through or over, or enter, the declared area; or\n    (b) conduct any activity that will, or is likely to, damage or deface any rock or land in the declared area; or\n    (c) bulldoze, grade, drill, excavate, cut, fill, blast, clear, demolish, tunnel, burn, remove, or otherwise damage land in the declared area; or\n    (d) build or construct any road, building or structure in, or intruding into, the declared area; or\n    (e) conduct any activity that will, or is likely to, disturb soil or vegetation in the declared area, \\[except where consistent with a plan of management made under the National Parks and Wildlife Act 1974 (NSW) that has been endorsed by the Awabakal Local Aboriginal Land Council\\];\n    (f) disturb vegetation on land surrounding the declared area in a manner that will increase the visibility of the area.\n\n> Note: Under subsection 22(1) of the Act, a person commits an offence if the person engages in conduct that contravenes a provision of a declaration made under Part II of the Act in relation to a significant Aboriginal area.\n\n  (4) Subsections (2) and (3) do not apply to acts done by an authorised person:\n    (a) for the purposes of practising or observing Aboriginal traditions, observances, cultural practices, customs, or beliefs;\n    (b) for the purposes of education, research, management, monitoring, revegetation, restoration or rehabilitation; or\n    (c) where doing the act is authorised or required by law.\n  (5) A person is an authorised person in relation to the doing of an act if:\n    (a) the person has received permission to do the act from the Awabakal Local Aboriginal Land Council; or\n    (b) the person is authorised or required by law to do the act.\n  (6) For the purposes of paragraph 5(b), a person is authorised or required by law to do an act if a plan of management under the National Parks and Wildlife Act 1974 (NSW) that has been developed in consultation with, and endorsed by the Awabakal Local Aboriginal Land Council and that plan of management authorises or requires the doing of the act.\n  (7) For the purposes of paragraph 5(b), subject to subsection (6), a person is not authorised or required by law to do an act merely because the person has received an approval, permission, authority or consent to undertake activities in connection with using or developing land in, on or near the declared area.\n\n  \n\nSchedule 1—Boundary line","sortOrder":7}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument is a narrowly focused, site‑specific declaration made under section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. It confines itself to defining the protected area by coordinates, setting prohibitions, and creating a limited authorisation route via the Awabakal Local Aboriginal Land Council or an endorsed NSW National Parks plan of management. That scope is consistent with the Act’s purpose of protecting significant Aboriginal areas and does not materially expand beyond that original, site‑specific purpose."},"complexity_factors":["Single‑site declaration with a finite schedule of coordinates (28 boundary points) — straightforward geographic description","Few defined terms within the instrument itself; several key terms are defined in the parent Act (cross‑references to the Aboriginal and Torres Strait Islander Heritage Protection Act 1984)","Multiple cross‑references to other laws and provisions: parent Act (s10 and s22), subsection 3(2) definitions of injury/desecration, and the NSW National Parks and Wildlife Act 1974 (plan of management)","One main conditional/exception structure: authorised persons (permission from Awabakal LALC or authorised/required by law), with a specific sub‑condition linking authorised‑by‑law to an endorsed NSW plan (section 6(4)–(6))","Softly framed ambiguities that increase interpretive complexity (terms such as \"near the declared area\", \"likely to injure or desecrate\", and directional qualifiers in Schedule 1)","Repetition of material in the instrument increases length but not legal complexity (duplicated sections and notes)"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- It declares a specific piece of land near West Wallsend, NSW, called the \"declared area,\" to be a \"significant Aboriginal area\" to be preserved and protected (section 5 and section 6(1)). The boundary of that area is set by a list of MGA94 coordinates in Schedule 1 and shown on a map (section 5; Schedule 1).\n- It prohibits acts that would, or are likely to, injure or desecrate that declared area (section 6(2)). A non‑exhaustive list of prohibited acts is given: entering the area, damaging rock or land, earthworks (bulldoze, drill, excavate, blast, clear, tunnel, burn, remove, etc.), building or constructing roads or structures, and disturbing soil or vegetation in a way likely to harm the area (section 6(3)(a)–(d), (e)). It also prohibits disturbing surrounding vegetation in a way that increases the area’s visibility (section 6(3)(f)).\n- Some activities that would otherwise be prohibited are allowed where performed by an \"authorised person\" for specified purposes (practising tradition, education, research, management, revegetation, restoration, or where required/authorised by law) (section 6(4)(a)–(c)).\n- A person is an \"authorised person\" only if they have permission from the Awabakal Local Aboriginal Land Council (LALC) or are authorised/required by law (section 6(5)). \"Authorised by law\" includes carrying out acts that a NSW National Parks plan of management (made in consultation with and endorsed by the Awabakal LALC) expressly authorises or requires (section 6(6)). The declaration also makes clear that ordinary approvals or consents to develop land do not by themselves make someone \"authorised\" (section 6(7)).\n- The instrument is made under section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (the Act) and takes effect the day after registration (sections 3 and 2). Breach of a declaration under the Act can be an offence under section 22 of the Act (section 6 notes).\n\n**Who this affects**\n\n- The Awabakal Local Aboriginal Land Council (LALC): the LALC is given a central gatekeeper role for permission to carry out otherwise prohibited activities on the declared area (section 6(5)(a), 6(6)).\n- People who own, use, develop or manage land in, on or near the declared area: property owners, developers, contractors, utility companies, land managers and local government bodies are subject to the prohibitions and must avoid prohibited acts unless authorised (sections 6(2)–(3), 6(7)).\n- Agencies that make or operate plans of management under the NSW National Parks and Wildlife Act 1974: such plans can authorise or require particular acts that would otherwise be prohibited, but only if developed in consultation with and endorsed by the Awabakal LALC (section 6(6)).\n- Enforcement agencies: bodies responsible for enforcing the Act will be able to investigate and take action where these prohibitions are breached (see notes referencing section 22 of the Act).\n\n**Why it matters (official purpose and mechanical effects)**\n\n- The instrument’s stated purpose is to preserve and protect an area of Aboriginal cultural significance from injury or desecration by creating a legally enforceable declaration under the Act (section 6(1)–(2)).\n- Mechanically, it imposes criminally enforceable limits on access and land‑use activities within defined coordinates; it also creates a decision point where the Awabakal LALC and a NSW National Parks plan (if endorsed by the LALC) can authorise certain otherwise prohibited activities (sections 5, 6(3)–(6)).\n\n**Practical operational effects, incentives and trade‑offs**\n\n- Who decides: the Awabakal LALC has the authority to permit otherwise prohibited acts (section 6(5)(a)). The declaration also makes the content of any NSW national park plan of management—if developed in consultation with and endorsed by the LALC—capable of authorising acts (section 6(6)). Enforcement of prohibitions flows from the Commonwealth Act (section 6 notes referencing s22).\n\n- Who pays / bears cost: landowners, developers and public authorities responsible for infrastructure or land management near or within the declared area may bear opportunity costs and compliance costs. Those costs include redesigning proposals, seeking permissions from the LALC, delay, and possibly relocating or abandoning works that would injure the declared area (sections 6(2)–(3), 6(7)).\n\n- Concentrated benefits and diffuse costs: benefits from protection (control of cultural use and conservation) are concentrated in the Awabakal community and in cultural heritage outcomes; costs (planning, development, infrastructure adjustments) are likely distributed across developers, private landholders, local government and state agencies.\n\n- Contract and regulatory effects: the instrument overrides or limits practical use of land by prohibiting many works unless expressly authorised. The instrument also places a precondition on the legal effect of state approvals: ordinary development approvals do not by themselves authorise contravening acts in the declared area (section 6(7)). This creates a dependency on LALC permission or a specific NSW park plan for legal clearance.\n\n- Interaction with state law: the declaration explicitly integrates with the NSW National Parks and Wildlife Act planning process, but only where those plans are prepared in consultation with and endorsed by the Awabakal LALC (section 6(6)). That creates a cross‑jurisdictional implementation pathway rather than leaving authorisation solely to developers or agencies.\n\n**Implementation risks and sources of ambiguity**\n\n- Precision and mapping: the declared area is defined by MGA94 coordinates in Schedule 1, but the instrument’s repeated text notes that directional words (\"generally north east\", etc.) are indicative only (Schedule 1(2)). On‑ground boundary disputes or surveying differences could arise (section 5; Schedule 1).\n- Interpretive terms: phrases taken from the Act—such as \"injure or desecrate\" and \"inconsistent with Aboriginal tradition\"—are fact‑dependent and may require cultural, historical and expert evidence to apply (section 6(2) and notes referencing subsection 3(2) of the Act). That can create enforcement uncertainty.\n- \"Near the declared area\": the prohibition applies to acts \"in, on or near\" the declared area (section 6(2)), which could generate disputes about the geographic reach of the protection beyond the strict boundary.\n- Authorisation pathway: the instrument requires LALC permission or an endorsed NSW plan of management to authorise activity. The process, timing and criteria the LALC will use to grant permission are not set out here, which may create delays and negotiation costs (section 6(5)–(6)).\n\n**Compliance and enforcement**\n\n- Contravening a declaration under the Act is an offence (notes to section 6 referencing section 22 of the Act). The instrument itself does not list penalties but links to the Act for legal consequences.\n\n**Net mechanical effect (one‑line)**\n\n- The instrument creates a coordinate‑defined legally protected Aboriginal site, forbids a wide set of land‑use and access activities there and near it, and channels any permissible uses through Awabakal LALC permission or a specifically endorsed NSW park management plan (sections 5–6)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This declaration serves exactly its original intended purpose under section 10 of the 1984 Act: to identify and protect a specific significant Aboriginal area from injury and desecration. The scope remains tightly focused on Butterfly Cave without expansion into broader policy areas."},"complexity_factors":["Short, single-purpose instrument with clear structure (2 Parts, 1 Schedule)","Only 7 defined terms in section 4, with plain-English explanations for technical terms (GDA94, MGA94)","Straightforward prohibitions in section 6 with explicit exceptions in subsections (4)-(7)","Single cross-reference to parent Act (Aboriginal and Torres Strait Islander Heritage Protection Act 1984) for offence provisions and definitions","Technical complexity limited to Schedule 1's coordinate table (28 boundary points) — necessary for precise land description but mechanically simple","No nested exceptions or conditional logic beyond basic 'unless authorised' structure","Note provisions clarify operation rather than complicate it"],"plain_english_summary":"This law declares the area around Butterfly Cave (West Wallsend) a federally protected \"significant Aboriginal area,\" making unauthorised entry, damage, or works (including vegetation clearing that alters visibility) an offence. It gives the Awabakal Local Aboriginal Land Council control over access and requires approval for researchers, developers, landowners, and the public to enter or undertake activities.\n\nThe declaration strengthens federal protection beyond NSW planning permits, preserves the site's cultural and spiritual values for future generations, and recognises non‑physical treatment inconsistent with tradition as desecration."}},"importantCases":[],"_links":{"self":"/api/acts/aboriginal-and-torres-strait-islander-heritage-protection-butterfly-cave-west-wallsend-nsw-declarati","history":"/api/acts/aboriginal-and-torres-strait-islander-heritage-protection-butterfly-cave-west-wallsend-nsw-declarati/history","analysis":"/api/acts/aboriginal-and-torres-strait-islander-heritage-protection-butterfly-cave-west-wallsend-nsw-declarati/analysis","conflicts":"/api/acts/aboriginal-and-torres-strait-islander-heritage-protection-butterfly-cave-west-wallsend-nsw-declarati/conflicts","importantCases":"/api/acts/aboriginal-and-torres-strait-islander-heritage-protection-butterfly-cave-west-wallsend-nsw-declarati/important-cases","documents":"/api/acts/aboriginal-and-torres-strait-islander-heritage-protection-butterfly-cave-west-wallsend-nsw-declarati/documents"}}