{"id":"F2009B00052","name":"World Heritage Properties Conservation Act 1983 - Proclamation under section 9 - Hinchinbrook Island (15/11/1994)","slug":"world-heritage-properties-conservation-act-1983-proclamation-under-section-9-hinchinbrook-island-15-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":121286,"registerId":"commonwealth-F2009B00052-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"World Heritage Properties Conservation Act 1983 - Proclamation under section 9 - Hinchinbrook Island (15/11/1994)","content":"![](image.001.png)\n\nWorld Heritage Properties Conservation Act 1983\n\nPROCLAMATION\n\nI, WILLIAM GEORGE HAYDEN, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 7 of the World Heritage Properties Conservation Act 1983, being satisfied that the property described in the Schedule is likely to be damaged, declare that property to be property to which section 10 of that Act applies.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nSCHEDULE\n\nAll that area bounded by a line commencing at the point of intersection of the meridian of Longitude 146°02’02” East and the Mean Low Water Mark of the coastline of the Australian mainland near the township of Cardwell (approximate Latitude 18°16’20” South), then running in a north-easterly direction in a straight line to the point of intersection of Latitude 18°15’55”  \nSouth and Longitude 146°02’25” East, then in a north-easterly direction in a straight line to the point of intersection of the parallel of Latitude 18°14’ 54” South and the Mean Low Water Mark of the coastline of Hinchinbrook Island in the vicinity of Hecate Point, and then in a generally south-easterly direction along the line of Mean Low Water Mark of the western coastline of Hinchinbrook Island to the point of intersection with the parallel of Latitude 18°16’29” South (approximate Longitude 146°05’26”), then in a south-westerly direction in a straight line to the point of intersection of Latitude 18°17’48” South and Longitude 146°04’10” East, then in a south-westerly direction in a straight line to the point of intersection of Latitude 18°18’12” South and the Mean Low Water Mark of the coastline of the Australian mainland (approximate Longitude 146°03’48” East), and then in a generally north-westerly direction along the line of Mean Low Water Mark to the point of commencement.\n\nSigned and sealed with the  \nGreat Seal of Australia on  \n15-11-94\n\n(L.S.)\n\nBILL HAYDEN  \nGovernor-General\n\nBy His Excellency’s Command,\n\nJOHN FAULKNER\n\nMinister for the Environment, Sport and Territories","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument applies existing statutory protections to a particular area; it does not amend the Act or broaden its general legal scope. The proclamation simply declares the named Hinchinbrook Island coastal area to be covered by section 10 of the World Heritage Properties Conservation Act 1983 pursuant to section 7."},"complexity_factors":["Legal mechanism is straightforward: an executive proclamation under section 7 triggers application of section 10 (explicit in the text).","Effect depends on cross‑reference to the World Heritage Properties Conservation Act 1983 (s10) — requires looking up that section to see specific prohibitions/obligations.","Boundary defined by precise geospatial points and the \"Mean Low Water Mark\" — technical mapping and tidal delineation can create interpretive issues on the ground.","Limited factual discretion recorded: proclamation is made on the Governor‑General's satisfaction that the property is \"likely to be damaged\" (exercise of executive judgement under s7).","Implementation complexity lies mainly in enforcement, compliance monitoring and any disputes about the exact shoreline boundary rather than in the proclamation text itself."],"plain_english_summary":"**What this proclamation does:** Under section 7 of the World Heritage Properties Conservation Act 1983, the Governor‑General declares a specifically mapped coastal area around Hinchinbrook Island to be a property to which section 10 of the Act applies because it is judged to be \"likely to be damaged.\" This means the legal controls and prohibitions in section 10 apply to anyone carrying out activities inside the scheduled boundary, creating a Commonwealth compliance and enforcement obligation for that area."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This proclamation performs exactly the function intended by section 9 of the parent Act: to declare specific property at risk of damage so that protective provisions apply. There is no scope creep; it is a standard administrative instrument exercising a specific statutory power."},"complexity_factors":["Single operative provision with straightforward declaratory language","Technical geographic description using coordinates and tidal markers (Mean Low Water Mark) requiring specialist surveying knowledge to interpret precisely","No defined terms, cross-references, or conditional logic within the instrument itself","Relies on external statutory framework (World Heritage Properties Conservation Act 1983) for legal effect—complexity resides in the parent Act, not this proclamation","Minimal length (one substantive paragraph plus schedule)"],"plain_english_summary":"The Governor‑General, under the World Heritage Properties Conservation Act 1983, proclaims a defined stretch of water and coastline between the mainland and Hinchinbrook Island as at risk and covered by federal protection. That declaration brings the area under section 10’s special Commonwealth powers—able to override state laws and halt threatening activities—affecting developers, fishers, traditional owners and the Queensland government. It exemplifies federal use of the external affairs power to protect internationally significant sites."}},"importantCases":[],"_links":{"self":"/api/acts/world-heritage-properties-conservation-act-1983-proclamation-under-section-9-hinchinbrook-island-15-","history":"/api/acts/world-heritage-properties-conservation-act-1983-proclamation-under-section-9-hinchinbrook-island-15-/history","analysis":"/api/acts/world-heritage-properties-conservation-act-1983-proclamation-under-section-9-hinchinbrook-island-15-/analysis","conflicts":"/api/acts/world-heritage-properties-conservation-act-1983-proclamation-under-section-9-hinchinbrook-island-15-/conflicts","importantCases":"/api/acts/world-heritage-properties-conservation-act-1983-proclamation-under-section-9-hinchinbrook-island-15-/important-cases","documents":"/api/acts/world-heritage-properties-conservation-act-1983-proclamation-under-section-9-hinchinbrook-island-15-/documents"}}