World Heritage Properties Conservation Act 1983
| World Heritage Properties Conservation Act 1983 | |
|---|---|
 |
|
| Parliament of Australia | |
| An Act relating to the protection and conservation of certain property, and for related purposes | |
| Date of Royal Assent | 22 May 1983 |
| Date commenced | 22 May 1983 |
| Introduced by | Barry Cohen |
| Status: Repealed | |
The World Heritage Properties Conservation Act 1983 was an Act of the Parliament of Australia which provided for certain protections for World Heritage listed places.
The validity of the Act was considered by the High Court of Australia in Commonwealth v Tasmania, also known as the Tasmanian Dams case. That case found several provisions of the Act to be invalid, but most of its major provisions were held to be valid.
The Act was repealed in 1999, and replaced by parts of the Environment Protection and Biodiversity Conservation Act 1999.
The World Heritage Properties Conservation Bill was introduced on 21 April 1983, by the then Minister for Home Affairs and the Environment, Barry Cohen.
The Tasmanian Dams case (1983) revolved around the validity of the Act. The High Court of Australia was asked separate questions about the validity of:
On the first part of question, the court held that s 6(1), (2)(b) and (3) were valid, but that it was not necessary to determine the validity of the other subsections. It held that s 9(1)(h) was valid, but that the remaining subsections of s 9(1) and (2) were invalid. On the second part of the question, the court found that s 7 was valid, and that s 10(1) and (4) were valid (the other parts of s 10 being unnecessary to consider). On the third part of the question, the court held both s 8 and s 11 invalid. It held that it was not necessary to answer the fourth part.
The Act was repealed in 1999 by Schedule 6 of the Environmental Reform (Consequential Provisions) Act 1999, as part of the reforms that saw the introduction of the Environment Protection and Biodiversity Conservation Act 1999, which replaced several prior pieces of environmental legislation. It ceased to have effect on 16 July 2000.
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