{"id":"F2008B00764","name":"World Heritage Properties Conservation Act 1983 - Proclamation under section 11 - Kutikina Cave/Deena Reena Cave (26/05/1983)","slug":"world-heritage-properties-conservation-act-1983-proclamation-under-section-11-kutikina-cave-deena-re","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":72070,"registerId":"commonwealth-F2008B00764-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 - Kutikina Cave/Deena Reena Cave (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 sites in the State of Tasmania known as Kutikina Cave (formerly known as Fraser Cave) and Deena Reena Cave are likely to be damaged or destroyed, hereby declare each of those sites to be sites 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":"This proclamation does not change the World Heritage Properties Conservation Act itself. It applies (activates) section 11 of the Act to two specifically named sites only. The legal scope of the Act is not amended; the proclamation confines the operation of section 11 to Kutikina Cave (formerly Fraser Cave) and Deena Reena Cave as provided for by sub‑section 8(3)."},"complexity_factors":["Cross-reference to external provisions: the proclamation invokes sub‑section 8(3) and applies section 11 rather than stating substantive rules, requiring consultation of the Act to determine effects.","Administrative discretion: the declaration depends on a subjective satisfaction that sites \"are likely to be damaged or destroyed\" (sub‑section 8(3)).","Narrow, factual scope: the instrument is site‑specific (two named caves), limiting breadth but requiring precise factual identification.","Formality and chain of decision: decision recorded as made by the Governor‑General on advice of the Federal Executive Council, introducing an executive‑branch procedural element.","Lack of operational detail: the proclamation does not state enforcement mechanisms, costs, or compliance obligations—these are contained in the Act, adding an extra step to determine practical impact."],"plain_english_summary":"This 26 May 1983 proclamation, made by the Governor‑General with Federal Executive Council advice under s8(3) of the World Heritage Properties Conservation Act 1983, brings two Tasmanian Aboriginal sites (Kutikina/Fraser Cave and Deena Reena Cave) within the scope of section 11. It doesn’t amend the Act or set new penalties itself but activates section 11’s legal regime for those places based on an administrative “satisfaction” that they were likely to be damaged or destroyed."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This proclamation performs exactly the function intended by section 11 of the parent Act—protecting specific Aboriginal sites from damage. It has not expanded beyond this narrow, specific purpose."},"complexity_factors":["Single operative paragraph with straightforward declaratory language","No defined terms requiring interpretation","No cross-references to other legislation beyond the enabling Act","No conditional logic or exceptions","Total length: approximately 150 words of substantive content"],"plain_english_summary":"This is a formal declaration (proclamation) made by the Governor-General in 1983 under the World Heritage Properties Conservation Act 1983. It protects two significant Aboriginal cave sites in Tasmania—Kutikina Cave (previously called Fraser Cave) and Deena Reena Cave—from being damaged or destroyed.\n\n**What it does:**\n- Declares these two specific caves as protected sites under section 11 of the Act\n- Once declared, section 11 makes it a criminal offence for anyone to damage or destroy these sites\n\n**Who it affects:**\n- Anyone in Tasmania who might interact with these caves (developers, landowners, visitors, etc.)\n- The Tasmanian government and land managers responsible for the area\n\n**Why it matters:**\nThese caves contain important Aboriginal cultural heritage. Kutikina Cave in particular is one of Australia's most significant archaeological sites, containing evidence of human occupation dating back over 20,000 years. This proclamation was made during a major political and legal battle over the proposed damming of the Franklin River, which would have flooded these caves. The protection was part of the federal government's intervention to stop the Tasmanian hydro-electric dam project and preserve these sites for future generations."}},"importantCases":[],"_links":{"self":"/api/acts/world-heritage-properties-conservation-act-1983-proclamation-under-section-11-kutikina-cave-deena-re","history":"/api/acts/world-heritage-properties-conservation-act-1983-proclamation-under-section-11-kutikina-cave-deena-re/history","analysis":"/api/acts/world-heritage-properties-conservation-act-1983-proclamation-under-section-11-kutikina-cave-deena-re/analysis","conflicts":"/api/acts/world-heritage-properties-conservation-act-1983-proclamation-under-section-11-kutikina-cave-deena-re/conflicts","importantCases":"/api/acts/world-heritage-properties-conservation-act-1983-proclamation-under-section-11-kutikina-cave-deena-re/important-cases","documents":"/api/acts/world-heritage-properties-conservation-act-1983-proclamation-under-section-11-kutikina-cave-deena-re/documents"}}