{"id":"F2008B00769","name":"Proclamation under section 9 of the World Heritage Properties Conservation Act 1983 - para 2(b) of the World Heritage Properties Conservation Regulations (26/05/1983)","slug":"proclamation-under-section-9-of-the-world-heritage-properties-conservation-act-1983-para-2-b-of-the-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":72075,"registerId":"commonwealth-F2008B00769-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under section 9 of the World Heritage Properties Conservation Act 1983 - para 2(b) of the World Heritage Properties Conservation Regulations (26/05/1983)","content":"PROCLAMATION\n\n| Commonwealth ofAustraliaN. M. STEPHENGovernor General | By His Excellency theGovernor-General ofthe Commonwealth ofAustralia |\n| ----------------------------------------------------- | -------------------------------------------------------------------- |\n\nI, SIR NINIAN MARTIN STEPHEN, the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and in pursuance of sub-section 6 (3) of the World Heritage Properties Conservation Act 1983, being satisfied that that part of the property described in paragraph 2 (b) of the World Heritage Properties Conservation Regulations that is within those areas described in the Schedule is being damaged and is likely to be destroyed or further damaged, hereby declare that part of the property described in paragraph 2 (b) of the World Heritage Properties Conservation Regulations that is within those areas described in the Schedule to be property to which section 9 of that Act applies.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nSCHEDULE\n\nAll those areas of land –\n\n(a) containing in the aggregate 4585 hectares or thereabouts shown coloured red on the plan and surrounded by black lines as shown by co-ordinates, bearings and other marked references;\n\n(b) containing 10 320 hectares or thereabouts shown coloured blue or yellow on the plan and surrounded by black lines as shown by co-ordinates, bearings and other marked references and the contour line S.L. 80 metres shown on the plan and marked ‘S.L.80M’ or ‘S.L.80 metres’.\n\nIn this Schedule, ‘the plan’ means the plan\n\n(a) that is marked with the words ‘World Heritage (Western Tasmania Wilderness) Regulations area to which regulations apply’;\n\n(b) that bears the signature of the Minister for Home Affairs and Environment; and\n\n(c) that is numbered S181/001 and deposited with the Commonwealth Surveyor-General and available for inspection at the Australian Survey Office at 188 Collins Street, Hobart in the State of Tasmania.\n\n(L. S.) GIVEN under my Hand and the Great Seal of Australia on 26 May 1983.\n\nBy His Excellency’s Command,\n\nBARRY COHEN\n\nMinister of State for\n\nHome Affairs and Environment\n\nGOD SAVE THE QUEEN!","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The proclamation extends the statutory reach of the World Heritage Properties Conservation Act 1983 by declaring specific mapped parts of the Western Tasmania Wilderness (as described in paragraph 2(b) of the Regulations and shown on plan S181/001) to be 'property' to which section 9 applies. Mechanically, it narrows application from a regulatory description to clearly identified parcels and contour limits, thereby changing which exact areas are subject to the Act’s protections."},"complexity_factors":["Cross-reference to other instruments: invokes section 9 of the Act and subsection 6(3) as the legal basis; relies on paragraph 2(b) of the World Heritage Properties Conservation Regulations.","Spatial identification by an external plan (plan S181/001) with colours, coordinates, bearings and a contour line (S.L.80m) — requires survey/plan inspection to determine precise boundaries.","Executive discretion: Governor‑General’s satisfaction that areas are being damaged is a factual/legal threshold giving the executive decision-maker latitude.","Technical surveying details (hectares, bearings, coordinates, contour) create administrative complexity for implementation and enforcement.","Operative effect unclear without reading section 9 itself — cross‑reference means practical consequences depend on provisions outside the proclamation."],"plain_english_summary":"This proclamation identifies specific areas of the Western Tasmania Wilderness (about 4,585 ha shown red and about 10,320 ha shown blue/yellow to the S.L.80m contour on plan S181/001) and declares them to be property to which section 9 of the World Heritage Properties Conservation Act 1983 applies. The Governor‑General made the declaration on the ground those areas were being damaged and likely to be further damaged; the declaration activates the Act’s protections and enforcement powers over land use and activities in those mapped areas."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This proclamation served its precise original purpose: to activate emergency protection for specific threatened wilderness areas. It did not expand beyond the Act's intended mechanism for protecting World Heritage properties from imminent damage."},"complexity_factors":["Very short document (under 500 words)","Only 2 operative paragraphs plus a Schedule defining land areas","Single cross-reference to section 9 of the parent Act and paragraph 2(b) of the Regulations","No defined terms beyond 'the plan' in the Schedule","Simple conditional structure: satisfaction of damage risk → declaration → legal consequence attaches","Geographic description relies on external map reference rather than complex legal description"],"plain_english_summary":"This 1983 Governor‑General proclamation invoked section 9 of the World Heritage Properties Conservation Act to apply emergency federal protection to about 14,900 hectares of Tasmanian wilderness, criminalizing damage or destruction of the declared areas. It was used to halt the proposed Gordon‑below‑Franklin dam, overriding Tasmanian development plans and affecting the state government and hydro authority. The action was central to the Franklin Dam dispute and led to the High Court’s landmark Commonwealth v Tasmania decision."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-section-9-of-the-world-heritage-properties-conservation-act-1983-para-2-b-of-the-","history":"/api/acts/proclamation-under-section-9-of-the-world-heritage-properties-conservation-act-1983-para-2-b-of-the-/history","analysis":"/api/acts/proclamation-under-section-9-of-the-world-heritage-properties-conservation-act-1983-para-2-b-of-the-/analysis","conflicts":"/api/acts/proclamation-under-section-9-of-the-world-heritage-properties-conservation-act-1983-para-2-b-of-the-/conflicts","importantCases":"/api/acts/proclamation-under-section-9-of-the-world-heritage-properties-conservation-act-1983-para-2-b-of-the-/important-cases","documents":"/api/acts/proclamation-under-section-9-of-the-world-heritage-properties-conservation-act-1983-para-2-b-of-the-/documents"}}