Provisions World_Heritage_Properties_Conservation_Act_1983

1 provisions

1.1 exceptions
1.2 enforcement
1.3 compensation

provisions

the core of legislation provided system of proclamations: sections 9, 10 , 11 set out acts unlawful if done respect properties or sites sections applied, , sections 6, 7 , 8 respectively allowed governor-general of australia make proclamations declaring sections applied eligible properties or sites. 3 pairs of sections set make use of 3 different powers available under constitution of australia: external affairs power, corporations power , race power.

section 6 concerned sites of natural or cultural heritage value. allowed proclamations made respect world heritage nominated sites, sites australia otherwise obliged protect under international law, sites otherwise matter of international concern, or sites part of heritage distinctive of australian nation . these overlapping provisions designed touch on different aspects of external affairs power in constitution of australia, , last of these designed touch on implied nationhood power.

if governor-general satisfied property falling under above definitions being or damaged or destroyed make proclamation respect property. once proclamation made under section 6, acts prohibited section 9, including carrying out excavation works, exploratory drilling, constructing building or other substantial structure , felling trees on site.

section 7 far broader section 6; allowed governor-general make proclamations respect identified property [that] being or damaged or destroyed . section 10, set out consequences of proclamation under section 7, narrow in application; while covered same types of acts section 9, made acts unlawful if performed corporations, namely foreign or trading corporations (that is, corporations subject corporations power in constitution). section 10(4) went further, , made same acts unlawful if done such corporation purposes of trading activities .

section 8 allowed proclamations made respect sites of significance indigenous australians, if either sites themselves, or artefacts or relics on them, or damaged or destroyed. section 11 covered same acts described in sections 9 , 10, , rendered them unlawful if done respect properties subject proclamations under section 8.

once proclamations made, had tabled before both houses of parliament of australia in accordance procedures set out in section 15. proclamations revoked governor-general once threat of damage or destruction had passed.

exceptions

section 12 provided statutory exceptions prohibitions in sections 9, 10 , 11, acts permitted under management plans in other federal environment legislation, , acts permitted under state or territory law.

sections 9, 10 , 11 each provided acts prohibited sections not unlawful if done permission of relevant minister (then titled minister home affairs , environment); section 13 set out procedures followed minister in granting such consent. section 18 allowed power grant consent delegated.

enforcement

section 14 granted jurisdiction both high court of australia , federal court of australia grant injunctions restraining acts unlawful under sections 9, 10 or 11; such injunctions applied attorney-general of australia, or interested person (which defined in subsections 3 through 5 of section 14).

compensation

section 17 provided compensation scheme, in event proclamation should amount acquisition of property within meaning of section 51(xxxi) of australian constitution.