What it does
The Wet Tropics World Heritage Protection and Management Act 1993 establishes a comprehensive statutory regime for the protection, management, and presentation of the Wet Tropics of Queensland World Heritage Area. At its core, the Act creates the Wet Tropics Management Authority as a body corporate that represents the Crown (ss.6-9) with the explicit object of ensuring Australia's obligations under the World Heritage Convention are discharged in relation to this globally significant rainforest ecosystem (s.7).
The Authority's functions, exhaustively listed in s.10(1), span policy development and implementation, formulation of performance indicators, advisory and recommendation roles to both State and Commonwealth Ministers, preparation and enforcement of management plans, administration of funding, entry into cooperative management agreements (including joint management agreements with Aboriginal people particularly concerned with the land), rehabilitation works, research dissemination, education programs, promotion, inter-governmental liaison, monitoring, and incidental functions. These must be performed consistently with the protection of natural heritage values (s.10(4)), with regard to Aboriginal tradition "as far as practicable" (s.10(5)), and in alignment with the National Strategy for Ecologically Sustainable Development (s.10(6)). The Authority possesses all powers necessary or convenient for these functions, including those of a natural person such as contracting, property dealing, and engaging consultants (s.11).
A central mechanism is the mandatory preparation of management plans. Section 41 requires an initial plan for the entire area as soon as practicable after commencement, with power to prepare additional plans for parts of the area or specific zones. These plans may prescribe offences (with penalties up to 165 penalty units), exempt acts from the prohibited acts regime in s.56(3), and impose requirements on cooperative management agreements, including allowing such agreements to operate inconsistently with certain plan provisions in defined circumstances (s.41(4)-(6)). Preparation involves two rounds of public notice and submission opportunities (ss.42 and 44), consideration of submissions (ss.43 and 45), submission to Ministers with a report (s.46), and approval by the Governor in Council on the joint recommendation of State and Commonwealth Ministers (s.47). Approved plans are subordinate legislation, prevail over planning schemes to the extent of inconsistency (s.49), and bind local authorities' development approvals (s.50). Inconsistencies with nature conservation instruments are resolved by Ministerial determination having regard to natural heritage, biodiversity, and public interest factors (s.51). Plans must be reviewed every 10 years (s.53), with amendments generally following the full preparation process unless minor or corrective (s.52).