{"id":"F2008B00770","name":"World Heritage Properties Conservation Act 1983 - Proclamation under section 9 - para 3(b) of the World Heritage Properties Conservation Regulations (26/05/1983)","slug":"world-heritage-properties-conservation-act-1983-proclamation-under-section-9-para-3-b-of-the-world-h","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":72076,"registerId":"commonwealth-F2008B00770-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 9 - para 3(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 the property described in paragraph 3 (b) of the World Heritage Properties Conservation Regulations is likely to be damaged or destroyed, hereby declare that property to be property to which section 9 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":3,"scope_assessment":{"changed":false,"description":"This proclamation exercises an existing statutory power (the power in sub‑section 6(3)) to designate a specific property as subject to section 9 of the Act. It does not amend the Act or the Regulations or otherwise expand or narrow the statutory wording; it applies the statute to a particular property identified by reference to paragraph 3(b) of the Regulations."},"complexity_factors":["Dependence on cross-references: the proclamation’s legal effect depends on section 9 of the Act and paragraph 3(b) of the Regulations (these substantive provisions are not reproduced in the instrument).","Administrative discretion: the operative trigger uses a satisfaction standard (sub‑section 6(3)), requiring evidence and judgment, which can introduce procedural complexity.","Sparse detail: the instrument performs a single declaratory act without stating subsequent measures, costs, or enforcement, requiring readers to consult other provisions to understand consequences.","Formal procedure: involves executive formalities (Governor‑General acting with advice of the Federal Executive Council), which implicate constitutional/administrative processes though not elaborated here."],"plain_english_summary":"What this instrument does (mechanics)\n\n- This is a formal proclamation made by the Governor‑General on 26 May 1983 under sub‑section 6(3) of the World Heritage Properties Conservation Act 1983. (See text: “in pursuance of sub‑section 6 (3) of the World Heritage Properties Conservation Act 1983”.)\n- The proclamation states that the Governor‑General is “satisfied that the property described in paragraph 3 (b) of the World Heritage Properties Conservation Regulations is likely to be damaged or destroyed” and, on that basis, declares that that property is a property to which section 9 of the Act applies.\n- The instrument therefore changes the legal status of the property identified in para 3(b) of the Regulations so that the legal consequences set out in section 9 of the Act attach to that property (the proclamation does not itself set out those consequences; it simply triggers section 9 for the named property).\n\nWho decides and on what basis\n\n- The decision-maker named in the text is the Governor‑General acting with the advice of the Federal Executive Council (the proclamation records that it is made “acting with the advice of the Federal Executive Council”).\n- The statutory trigger used is the Governor‑General being “satisfied” of a factual condition: that the particular property is likely to be damaged or destroyed (the standard cited is one of satisfaction under sub‑section 6(3)).\n\nWho is affected and how (as shown in the text)\n\n- The property described in paragraph 3(b) of the World Heritage Properties Conservation Regulations is directly affected because the proclamation makes section 9 of the Act apply to it. The proclamation does not identify individual owners, operators or third parties by name.\n- The practical effects on owners, occupiers, businesses or third parties are not specified in this proclamation itself; they depend on what section 9 of the Act requires or permits once it is applicable.\n\nWhy this matters (official rationale and what can be tested from the text)\n\n- The text gives its reason: the Governor‑General was satisfied that the property was likely to be damaged or destroyed. That is the factual predicate for bringing section 9 into play.\n- From the instrument alone, one can test certain implementation features: the action is discretionary (it depends on a satisfaction by the Governor‑General), it is targeted (it applies to a property identified by reference to the Regulations, para 3(b)), and it is procedural (it performs the statutory act of declaring section 9 applies rather than detailing substantive measures).\n\nCosts, incentives and trade‑offs (limited to what the text supports)\n\n- The proclamation does not specify any costs, funding, enforcement mechanisms or penalties. Any compliance burden, costs to owners or effects on private enterprise, contracts, ownership or prices would flow from the content of section 9 and from any regulatory action taken under its authority, not from the proclamation text itself.\n- The instrument centralises a threshold decision in an executive actor (Governor‑General with advice). That creates a point of administrative discretion: whether and when a property meets the “likely to be damaged or destroyed” standard is resolved by the executive process described.\n\nImplementation risk and administrative discretion\n\n- The relevant factual determination is expressed as a satisfaction standard. The proclamation therefore relies on an assessment by decision‑makers rather than a formulaic trigger; this implies that the timing and application depend on administrative judgment documented elsewhere (reports, advice, or administrative records not included in this text).\n\nBottom line\n\n- This proclamation formally applies section 9 of the World Heritage Properties Conservation Act 1983 to the property identified by para 3(b) of the associated Regulations, based on an executive finding that the property is likely to be damaged or destroyed. The proclamation itself performs a legal designation step; the practical effects arise from the requirements, powers or restrictions contained in section 9 and any subordinate action taken pursuant to it (which are not set out in this proclamation)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a specific administrative instrument made under the original 1983 Act. It represents the Act functioning exactly as intended—allowing the Governor-General to declare threatened World Heritage properties for protection. The scope has not expanded beyond the original legislative purpose."},"complexity_factors":["Very short document (single page proclamation)","No defined terms within the document itself (relies entirely on external references to the Act and Regulations)","Simple conditional logic: Governor-General satisfied of threat → declaration made → section 9 applies","Only two substantive cross-references: to section 6(3) of the Act and paragraph 3(b) of the Regulations","No exceptions, nested conditions, or procedural requirements within the document"],"plain_english_summary":"This is a formal declaration (proclamation) made by the Governor-General in 1983 under the World Heritage Properties Conservation Act 1983.\n\n**What it does:**\n- Declares that a specific property listed in the regulations (paragraph 3(b)) is under threat of damage or destruction\n- Activates **section 9** of the Act, which gives the federal government special powers to protect that property\n\n**Who it affects:**\n- The owners and occupiers of the property described in paragraph 3(b) of the regulations (likely a specific World Heritage site or area within one)\n- Anyone proposing to do work or activities that might affect that property\n\n**Why it matters:**\n- Once section 9 is activated, certain activities that could damage the property become restricted or require federal approval\n- This was part of the Commonwealth's strategy to protect Australia's World Heritage areas (particularly relevant to the Franklin Dam controversy in Tasmania during the early 1980s)\n- It represents the federal government using its constitutional \"external affairs\" power to override state laws and protect internationally recognised heritage sites\n\n**Key legal mechanism:**\nThe Governor-General is essentially flipping a switch that says \"this place is in danger, so federal protection laws now apply here.\""}},"importantCases":[],"_links":{"self":"/api/acts/world-heritage-properties-conservation-act-1983-proclamation-under-section-9-para-3-b-of-the-world-h","history":"/api/acts/world-heritage-properties-conservation-act-1983-proclamation-under-section-9-para-3-b-of-the-world-h/history","analysis":"/api/acts/world-heritage-properties-conservation-act-1983-proclamation-under-section-9-para-3-b-of-the-world-h/analysis","conflicts":"/api/acts/world-heritage-properties-conservation-act-1983-proclamation-under-section-9-para-3-b-of-the-world-h/conflicts","importantCases":"/api/acts/world-heritage-properties-conservation-act-1983-proclamation-under-section-9-para-3-b-of-the-world-h/important-cases","documents":"/api/acts/world-heritage-properties-conservation-act-1983-proclamation-under-section-9-para-3-b-of-the-world-h/documents"}}