{"id":"F2008B00765","name":"World Heritage Properties Conservation Act 1983 - Proclamation under section 11 - Franklin River (26/05/1983)","slug":"world-heritage-properties-conservation-act-1983-proclamation-under-section-11-franklin-river-26-05-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":72071,"registerId":"commonwealth-F2008B00765-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"World Heritage Properties Conservation Act 1983 - Proclamation under section 11 - Franklin River (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 8 (3) of the World Heritage Properties Conservation Act 1983, being satisfied that the Aboriginal site, being the open site of ice-age occupation at the base of the flying-fox pylon on the west bank of the Franklin River at approximately Latitude 42° 28’ 02” S, Longitude 145° 45’ 51” E, is likely to be damaged or destroyed, hereby declare that site to be a site to which section 11 of that Act applies.\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":2,"scope_assessment":{"changed":false,"description":"The proclamation applies an existing provision of the World Heritage Properties Conservation Act 1983 (section 11) to a particular Aboriginal site identified by coordinates because the Governor‑General is satisfied the site is likely to be damaged or destroyed. The instrument does not alter the scope of the Act itself; it implements the Act by designating this specific site."},"complexity_factors":["Single, narrowly focused legal action: a one‑site designation rather than multiple or omnibus changes.","Relies on cross‑reference to the Act (sub‑section 8(3) and section 11) for operative effect; the proclamation does not reproduce those provisions.","Precise geographic identification by coordinates reduces ambiguity over which land is affected.","Administrative discretion recorded (Governor‑General on advice of the Federal Executive Council) but procedural detail and criteria for satisfaction are not set out in the text.","No operational or enforcement detail in the instrument increases the need to consult the parent Act for full effect."],"plain_english_summary":"What this instrument does and how it works\n\n- This is a formal proclamation by the Governor‑General under the World Heritage Properties Conservation Act 1983. It identifies a specific Aboriginal archaeological site on the west bank of the Franklin River (coordinates: Latitude 42° 28' 02\" S, Longitude 145° 45' 51\" E) and declares that the site is to be covered by section 11 of that Act. The proclamation is made \"pursuant to sub‑section 8(3)\" of the Act and records that the Governor‑General is \"being satisfied that\" the site \"is likely to be damaged or destroyed.\"\n\nWho decides\n\n- The decision is taken by the Governor‑General acting with the advice of the Federal Executive Council (as stated in the instrument). The proclamation is signed and issued by the Governor‑General and shown to be by the Minister of State for Home Affairs and Environment.\n\nWhat the proclamation changes mechanically\n\n- It applies the legal effect of section 11 of the World Heritage Properties Conservation Act 1983 to the named site. The proclamation itself does not set out the content of section 11 or any enforcement steps; it performs the statutory act of designating the site under that provision.\n\nStated purpose and how that is supported by the text\n\n- The stated ground for the designation is that the Governor‑General is satisfied the site \"is likely to be damaged or destroyed.\" That stated risk is the explicit factual predicate for applying section 11, as recorded in the proclamation.\n\nCosts, incentives and practical effects (source‑based observations)\n\n- Who pays: The proclamation text does not specify any costs, compensation, funding, or administrative resource commitments. The instrument does not say who bears costs arising from the designation.\n\n- Who changes behaviour: By designating the site under section 11, the legal status of the site changes; parties whose activities would cause damage to the site are the most directly affected. The proclamation does not itself detail prohibited acts or penalties — those would derive from section 11 and other provisions of the Act (not reproduced here).\n\n- Bureaucratic discretion and decision path: The instrument records an executive decision made \"with the advice of the Federal Executive Council\" and by the Governor‑General on satisfaction of likely damage. That records an exercise of executive discretion but the proclamation does not state the criteria or procedures used to reach that satisfaction.\n\n- Compliance burden and enforcement: The proclamation does not describe compliance obligations, enforcement mechanisms, permit processes, or administrative procedures. Any conformity, monitoring or enforcement burdens must be found in section 11 or elsewhere in the Act, which this document does not reproduce.\n\n- Effects on private enterprise and individual choice: The proclamation names a site and attaches section 11 to it; therefore, private activities that could harm that site may be restricted under section 11. The text does not identify specific businesses, landowners, developers or other parties, nor does it quantify impacts such as lost access, required permissions, or compensation.\n\nImplementation risk and trade‑offs\n\n- The proclamation performs a statutory designation but leaves operational details (what is restricted, who enforces, who pays) to the operative sections of the Act. That means the immediate legal change is narrow and formal, while practical effects depend on how section 11 and implementing authorities operate.\n\nShort statement of scope\n\n- The proclamation applies the Act to one specifically described Aboriginal site (coordinates and physical description given). It does not purport to change the Act itself or to apply broadly beyond the named site."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation represents the original intended use of the World Heritage Properties Conservation Act 1983—emergency protection of specific threatened sites. It does not represent scope creep; rather, it is a precise, targeted application of the Act's core purpose to protect Aboriginal heritage and World Heritage values in the Franklin River area."},"complexity_factors":["Single operative provision with straightforward declaratory language","Only one cross-reference (to section 11 of the parent Act)","No defined terms within the instrument itself","Simple conditional structure: satisfaction of likelihood of damage → declaration made","Highly specific factual description (exact coordinates, physical features) rather than abstract legal concepts","No exceptions, exemptions, or nested conditions"],"plain_english_summary":"This is a **proclamation** (an official government declaration) made under the World Heritage Properties Conservation Act 1983.\n\n**What it does:**\nThe Governor-General declared a specific Aboriginal archaeological site to be protected under emergency powers in the Act. The site is an open-air location showing evidence of ice-age human occupation, situated at the base of a flying-fox pylon (a type of cable car or aerial ropeway structure) on the west bank of the Franklin River in Tasmania.\n\n**Why this matters:**\nThis proclamation was part of the famous \"Franklin Dam\" controversy—one of Australia's most significant environmental and constitutional conflicts. The federal government used this legislation to stop the Tasmanian state government from building a hydroelectric dam that would have flooded the Franklin River valley. By declaring this specific Aboriginal site protected, the federal government triggered **section 11** of the Act, which made it a criminal offence to damage or destroy the site.\n\n**Who it affects:**\n- The Tasmanian state government and its hydroelectricity authority (who were planning the dam)\n- Anyone involved in construction work in the area\n- The Aboriginal heritage site itself, which gained immediate federal legal protection\n\n**The legal mechanism:**\nThe Governor-General acted under **subsection 8(3)** of the Act, which allowed emergency protection when satisfied that a site was \"likely to be damaged or destroyed.\" This was a strategic move to extend federal protection to specific locations within the broader Franklin River area that was being contested in the High Court at the time."}},"importantCases":[],"_links":{"self":"/api/acts/world-heritage-properties-conservation-act-1983-proclamation-under-section-11-franklin-river-26-05-1","history":"/api/acts/world-heritage-properties-conservation-act-1983-proclamation-under-section-11-franklin-river-26-05-1/history","analysis":"/api/acts/world-heritage-properties-conservation-act-1983-proclamation-under-section-11-franklin-river-26-05-1/analysis","conflicts":"/api/acts/world-heritage-properties-conservation-act-1983-proclamation-under-section-11-franklin-river-26-05-1/conflicts","importantCases":"/api/acts/world-heritage-properties-conservation-act-1983-proclamation-under-section-11-franklin-river-26-05-1/important-cases","documents":"/api/acts/world-heritage-properties-conservation-act-1983-proclamation-under-section-11-franklin-river-26-05-1/documents"}}