Federal Register of Legislation - Australian Government

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Cockatoo Island Management Plan 2017

Authoritative Version
Plans/Management of Sites & Species as made
This instrument is a heritage management plan for the World, National and Commonwealth Heritage values of Cockatoo Island, Sydney Harbour.
Administered by: Environment and Energy
Registered 23 Jan 2018
Tabling HistoryDate
Tabled HR05-Feb-2018
Tabled Senate05-Feb-2018

 

EXPLANATORY STATEMENT

 

Cockatoo Island Management Plan 2017

Environment Protection and Biodiversity Conservation Act 1999

Cockatoo Island

Cockatoo Island was a penal establishment from 1839-69. With its range of extant buildings and fabric relating to the administration, incarceration and working conditions of convicts, it is nationally significant for its associations with convicts. The Fitzroy Dock constructed between 1839 and 1847 is the only remaining dry dock in Australia built using convict and prisoner labour. Cockatoo Island is also nationally important as a shipbuilding complex, operating for 134 years between 1857 and 1991, including as Australia’s primary shipbuilding facility and the first naval dockyard for the Royal Australian Navy. Cockatoo Island was added to the World Heritage List as one of eleven Australian Convict Sites in 2010.

Overview of the Legislative Instrument

Section 316(1) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) relevantly provides that the Minister must make a written plan for managing a property that is included in the World Heritage List and is entirely within one or more Commonwealth areas.

 

Section 324S(1) of the EPBC Act relevantly provides that the Minister must make a written plan to protect and manage the National Heritage values of each National Heritage place that is entirely within one or more Commonwealth areas. Section 324S(2) provides that the Minister may, in writing, amend a plan or revoke and replace a plan.

 

Section 341S(1) relevantly provides that a Commonwealth agency must make a written plan to protect and manage the Commonwealth Heritage values of a Commonwealth Heritage place it owns or controls. Section 341S(2) provides that the Commonwealth agency may, in writing, amend the plan or revoke and replace the plan.

 

The Cockatoo Island Management Plan 2017 (the Plan) is made for:

·         the management of the Cockatoo Island World Heritage site in accordance with section 316(1) of the EPBC Act;

·         the protection and management of the National Heritage values of the place in accordance with section 324S(2) of the EPBC Act; and,

·         the protection and management of the Commonwealth Heritage values of the place in accordance with section 341S(2) of the EPBC Act.

This Plan replaces the Cockatoo Island Management Plan 2010 which was made in 2010 for the purposes of sections 324S and 341S. At the time the previous plan was made, Cockatoo Island was not listed on the World Heritage List and so it was not necessary for the plan to be made under section 316.

The Plan provides for the future management of the place with the objective of identifying, protecting, conserving, presenting and transmitting its World Heritage values, National Heritage values and Commonwealth Heritage values. The Plan contains a detailed description of the history and cultural significance of Cockatoo Island as well as its physical elements and condition. The Plan sets out the operational requirements for the management of the place with policies to guide the management and protection of its World, National and Commonwealth Heritage values.

The Plan meets the requirements under sections 316(3), 324S(4), 341S(4) of the EPBC Act. Specifically, it addresses all matters prescribed by regulations 10.01C and 10.03B and set out in Schedules 5A  and 7A  of the Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations). The Plan is not inconsistent with the World, National and Commonwealth Heritage management principles set out in Schedules 5, 5B and 7B of the EPBC Regulations, nor is it inconsistent with Australia’s obligations under the World Heritage Convention.

Sections 316(5), 324V and 341W of the EPBC Act allow for a plan under each of the above provisions to be in the same document as one or more other plans that the Act or another law of the Commonwealth requires or permits to be prepared.

Consultation

Review of the 2010 Plan

In accordance with the requirements in sections 324W(3) and 341X(3) of the EPBC Act, notices were published in the national press and the website of the Sydney Harbour Federation Trust for public comment between 10 February 2016 and 8 March 2016 in relation to the review of the previous plan (the Review).

The Sydney Harbour Federation Trust received one submission in response to this invitation. The submission supported the Plan and provided some suggestions for further improving the Plan. These comments were considered in the preparation of the Review and draft plan amendment.

The Review concluded that while the Plan was effective in addressing the National and Commonwealth Heritage Principles for Cockatoo Island, it could be improved with some modest changes in the way those principles are cross-referenced and also by being updated to reflect works recently completed on the island. More importantly, the Review also recommended that the Plan be amended to formally satisfy section 316 of the EPBC Act which requires the preparation of a management plan for a World Heritage property. This recommendation was implemented and the Plan reflects these changes.

Draft Plan (2017)

In accordance with sections 324S(6) and 341S(6) of the EPBC Act, and regulations 10.01D and 10.03C of the EPBC Regulations, public comments were sought on the draft Plan with notices published on the Sydney Harbour Federation Trust’s website, in the Australian Government Gazette, and in national and local press between 2-3 May 2016. The closing date for comments was 7 June 2016.

Submissions could be sent to either the Sydney Harbour Federation Trust or the Department of Environment and Energy. At the conclusion of the exhibition period, six submissions had been received in relation to the Draft Plan.

Submissions were generally supportive of the Draft Plan, and made suggestions to help improve it further. As a result, a number of modifications were made to the Draft Plan. However, given their minor and administrative nature, these modifications did not warrant further public exhibition. Section 324S(6) provides that before making, amending or revoking and replacing a plan under section 324S, the Minister must seek and consider comments from the Australian Heritage Council about the matters to be addressed by the proposed plan or amendment. Advice on the matters to be addressed by the plan was sought from the Australian Heritage Council and was provided by the Council to the delegate of the Minister. That advice was considered when revoking and replacing the plan under section 324S(2).

Section 341S(6) provides that before making, amending or revoking and replacing a plan under s 341S, the Commonwealth agency must request advice from the Minister on the proposed plan or amendment and must take account of any such advice received from the Minister. Section 341S(7) provides that the Minister must consult with the Australian Heritage Council in preparing an advice for the purposes of this section. The Sydney Harbour Federation Trust, as the relevant Commonwealth agency for the purposes of section 341S, sought advice from the delegate of the Minister on the proposed Plan. That advice was provided after consultation with the Australian Heritage Council. The Sydney Harbour Federation Trust took account of this advice when revoking and replacing the plan under section 341S(2), including making appropriate changes consistent with the advice.

Period of operation

The Plan is a legislative instrument for the purposes of the Legislation Act 2003 and commences on the day after it is registered on the Federal Register of Legislation.

 

In accordance with sections 319, 324W and 341X of the EPBC Act, a review must be carried out within five years of the Plan being made.

Regulation impact statement

The Office of Best Practice and Regulation (OBPR) advised that a Regulatory Impact Statement was not required for heritage management plans (OBPR reference: 19134).

 


 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Cockatoo Island Management Plan 2017

 

This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Disallowable Legislative Instrument

The purpose of this Plan is to provide for the protection and/or management of Cockatoo Island pursuant to sections 316, 324S and 341S of the Environment Protection and Biodiversity Conservation Act 1999. The Plan contains a detailed description of the history and cultural significance of Cockatoo Island as well as its physical elements and condition. The Plan sets out the operational requirements for the management of the place with policies to guide the management and protection of its World, National and Commonwealth Heritage values.

 

Human rights implications

This Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.