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Commonwealth act
This Act has been repealed and is no longer in force. It is retained for historical reference.
Mechanical change first: the Act gives the Commonwealth a legal mechanism to identify "identified property" (World Heritage or nominated World Heritage sites) and to make those places subject to criminal prohibitions and administrative controls unless the Minister gives written consent (see sections 3, 6–9, 11). The Governor‑General makes Proclamations identifying the specific properties or sites to which the prohibitions apply (sections 6–8). Once proclaimed, many activities on the land (excavation, mining, erection or destruction of substantial structures, tree‑clearing, road construction, use of explosives, removal or damage to artefacts on Aboriginal sites, and other prescribed acts) are unlawful without the Minister's written consent (sections 9–11).
The Act implements the Convention for the Protection of the World Cultural and Natural Heritage by incorporating the Convention text as a Schedule and by giving the Commonwealth powers to protect, conserve and present property it treats as part of the world cultural or natural heritage (Schedule; sections 3, 21). The statute therefore transforms Convention concepts ("cultural heritage", "natural heritage", submission to the World Heritage Committee) into domestic powers to restrict certain conduct on land the Commonwealth designates.
Who decides and how: the Governor‑General declares which properties or Aboriginal sites are covered (sections 6–8). The Minister gives or refuses written consent for otherwise‑prohibited acts (sections 9–11, 13). The Minister is required to have regard only to protection, conservation and presentation in deciding consents under section 9 (section 13(1)). The Minister must notify State/Territory counterparts and provide a reasonable opportunity to make representations before authorising acts on land inside a State/Territory (section 13(3)). Notices of consents or refusals are published in the Gazette and laid before Parliament (section 13(4)). The Minister may delegate consent powers in writing (section 18).
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Direct links to the current provisions in World Heritage Properties Conservation Act 1983.
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View on official registerSourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Who enforces and how: the Attorney‑General or an "interested person" may seek injunctions in the High Court or the Federal Court to stop unlawful acts (section 14). The Act defines who counts as an "interested person" for enforcement and for judicial review standing (sections 14(3) and 13(5)). Ministerial decisions are subject to judicial review processes (Administrative Decisions (Judicial Review) Act references in section 13).
Parliamentary oversight of proclamations: Proclamations must be laid before each House of Parliament within five sitting days (section 15). If not laid, or if either House passes a disallowing resolution within the specified time, the Proclamation ceases to be in force (section 15(2)–(4)). Revocations by the Governor‑General also require resolutions of both Houses before being made (section 16(3)).
Compensation and acquisition rules: where the operation of the Act (or the referenced World Heritage (Western Tasmania Wilderness) Regulations) results in an acquisition of property, the Act provides a multi‑step compensation process. A person may claim compensation (section 17(3)); the Minister can deny the claim within 3 weeks (section 17(4)); failing that, an acquisition is taken to have occurred (section 17(5)). For large claims (claimed amount ≥ $5,000,000) and unresolved cases, the Governor‑General must establish a three‑member Commission of Inquiry to recommend compensation; the Governor‑General then determines compensation if parties do not agree (sections 17(6)–(12)). For smaller claims, the Federal Court may determine fair and just compensation (section 17(14)). The Act allows flexible forms of compensation (section 17(2)).
Special rules for Aboriginal sites: the Act declares sections 11 and specified subsections to be special laws for the Aboriginal race (section 8(1)). The Governor‑General can proclaim Aboriginal sites for special protection where artefacts or relics or the site are of particular significance to Aboriginal people (section 8(2)–(3)). Members of the Aboriginal race have specific standing as "persons aggrieved" for review of Ministerial decisions under section 11 (section 13(7)) and as "interested persons" for injunctions under section 14 (section 14(5)).
Scope and exceptions: the Act does not override existing federal protections such as zoning under the Great Barrier Reef Marine Park Act or management plans under the National Parks and Wildlife Conservation Act when those plans authorize the acts in question (section 12(1)). Regulations may also declare State or Territory provisions, plans or schemes to be acceptable authorisations so the Act’s prohibitions do not apply to acts authorised under those instruments (section 12(2)–(3)). The Governor‑General may make regulations to declare property to be part of the cultural or natural heritage and to prescribe assistance methods to States and Territories (section 21).
Practical compliance effects and incentives (source‑grounded):
Trade‑offs, opportunity costs and implementation risks (source‑grounded):
Administrative burden and legal risk for private actors: affected private persons and corporations must (a) check whether property is proclaimed (Proclamations are published in the Gazette and laid before Parliament—section 3(3); sections 15 and 13(4)); (b) obtain written Ministerial consent for many common development/mineral activities (sections 9–11); and (c) use statutory review and court remedies if adversely affected (sections 13, 14). Transactions involving proclaimed land may involve compensation claims and, for large claims, a formal Commission of Inquiry with statutory deadlines (section 17).
Summary of the statute’s institutional architecture in one sentence: the Act gives the Commonwealth a statutory route (Proclamation by the Governor‑General and Ministerial consents) to restrict and, where necessary, prevent damaging acts on World Heritage–related property and Aboriginal sites, establishes administrative and parliamentary safeguards for those executive actions, and sets out compensation and judicial review procedures where the Act’s operation affects property rights (sections 3, 6–13, 14, 15–17).