6. Opportunities and constraints

6.1 Implications arising from significance

The Commonwealth statement of significance (section 5.1 above) demonstrates Cape Baily Lighthouse is a place of considerable heritage value due to its association with aid to navigation efforts in the post-war period, its rarity and for its aesthetic qualities.

The implication arising from this assessment is that key aspects of the place should be conserved to retain this significance. The key features requiring conservation include:

  • continued use of the lighthouse as an AtoN
  • architectural quality of the building
  • interior spaces and features, which are notable for their design, details and/or their original lighthouse function. These include:
    • lantern room
    • original lens assembly and pedestal
    • ground floor
  • external spaces and features, which are notable for their design, details, and/or their original lighthouse function. These include:
    • lantern roof and glazing
    • lantern base
    • balcony and balustrades
    • walls
    • doors.

Referral and approvals of action

The EPBC Act requires approval from the Minister for the Environment for all actions likely to have a significant impact on matters of National Environmental Significance (NES).

The Act provides that actions taken:

  • on Commonwealth land which are likely to have a significant impact on the environment will require approval of the Minister.
  • outside Commonwealth land which are likely to have a significant impact on the environment on Commonwealth land will require approval of the Minister.
  • by the Australian Government or its agencies which are likely to have a significant impact on the environment anywhere will require approval of the Minister.

The definition of ‘environment’ in the EPBC Act and Regulations includes the cultural heritage values of places.

Heritage strategy

If an Australian Government agency owns or controls one or more places with Commonwealth heritage values, it must prepare a heritage strategy within two years from the first time they own or control a heritage place (section 341ZA).

A heritage strategy is a written document that integrates heritage conservation and management within an agency’s overall property planning and management framework. Its purpose is to help an agency manage and report on the steps it has taken to protect and conserve the commonwealth heritage values of the properties under its ownership or control. The heritage strategy for AMSA’s AtoN assets was completed and approved by the Commonwealth Minister for the Environment in 2018, and this document was reviewed and updated in 2022. The AMSA Heritage Strategy 2022-2025 is available online.31

Heritage asset condition report

A heritage asset condition report is a written document that details the heritage fabric of a site with an in-depth description of each architectural and structural element. The document includes: a brief history of the site, the Commonwealth Heritage statement of significance and value criteria, a heritage significance rating for each individual element, and a catalogue of artefacts on-site. The document is also accompanied by up-to-date photos of each structural element. This document operates as a tool for heritage monitoring, and is reviewed and updated biennially.

Aboriginal cultural heritage and natural values

Cape Baily and Kamay Botany National Park as a whole is notable for Aboriginal cultural heritage and natural values. Although these values lie outside of the Commonwealth heritage listing curtilage and AMSA’s lease, the potential remains for future works at the lighthouse to impact these values. At the time this plan was written, no plans have been made for future works at Cape Baily Lighthouse. In the event major works at the lighthouse are to be carried out, AMSA will seek to minimise impacts to the surrounding area by:

  • Utilising specific access tracks to ensure no damage to surrounding vegetation,
  • Consulting with NSW NPWS to ensure work does not impact sacred areas or areas of environmental concern,
  • Ensuring project footprint is limited to the AMSA lease. In any instance that work is required outside of this footprint, approvals will be sought from the appropriate stakeholders.

6.2 Framework: sensitivity to change

Owing to the site’s association with 20th century aids to navigation activities, its rare components, and aesthetic qualities, Cape Baily Lighthouse is of high significance. Therefore, work actioned by AMSA on the lighthouse’s fabric harnesses the potential to reduce or eradicate the significance of the site’s heritage values.

Conservation works, including restoration and reconstruction, or adaption works of the absolute minimum so as to continue the lighthouse’s usefulness as an AtoN are the only works that should be actioned by AMSA on Cape Baily Lighthouse. Some exceptions are made for health and safety requirements, however any and all work carried out must be conducted in line with heritage considerations and requirements of the EPBC Act.  

The table below demonstrates the level of sensitivity attributed to the various elements of the fabric register in the face of change. These are measured from high to low depending on the action’s possible threat to the site’s heritage values.    

High sensitivity

High sensitivity to change includes instances wherein a change would pose a major threat to the heritage value of a specific fabric, or the lighthouse as a whole. A major threat is one that would lead to substantial or total loss of the heritage value.

Moderate sensitivity

Moderate sensitivity to change includes instances wherein a change would pose a moderate threat to the heritage value of a specific fabric, or to the heritage significance of a specific fabric in another part of the building. A moderate threat is one that would diminish the heritage value, or diminish the ability of an observer to appreciate the value.

Low sensitivity

Low sensitivity to change includes instances wherein a change would pose little to no threat to the heritage value of a specific fabric, or to the heritage significance in another part of the building.

ComponentLevel of sensitivityNature of change impacting heritage values
Cape Baily Lighthouse structureHigh
  • Reduction of visibility of structure and its setting on Cape Baily.
  • Major alterations to the tower colours scheme.
Low
  • Removal of asbestos, lead paint and other toxic materials.
  • Implementation of health and safety hazard markings.
Ground floorHigh
  • Major alterations to original concrete floor.
Medium
  • Removal of remnant depressions in ground floor from acetylene bottles.
Low
  • Repainting of ground floor in like-colours.
  • Removal or replacement of battery racks from ground floor.
Mezzanine floorLow
  • Replacement of plywood floor and aluminium beams with like-materials.
  • Repainting of mezzanine floor in like-colours.
  • Corrosion reparations to beams and brackets.
Access laddersLow
  • Replacement of fixed ladders in like-materials.
  • Replacement of non-slip sheeting to ladder rungs.
  • Repainting of ladder stiles in like-colours.
Lantern room (including external base)High
  • Removal of original lantern base.
Low
  • Reparations to concrete floor with like-materials.
  • Corrosion reparations to hatch cover or lantern base walls.
  • Repainting of lantern floor in like-colours.
Balcony and balustradesMedium
  • Major alterations to original reinforced balcony floor.
  • Major alterations to original balustrades.
Low
  • Repainting of balcony floor in like-colours.
  • Corrosion reparations to balustrades.
  • Replacement of membrane.
  • Replacement of rainwater drains.
Lantern glazingHigh
  • Alteration to original trapezoidal-form glazing panes.
  • Major alterations to original Robison Bros. glazing astragals.
Low
  • Repainting of astragals in like-colours.
  • Replacement of broken glazing panes.
  • Resealing of lantern room glazing.
Lantern roofHigh
  • Major alterations to original conical roof.
Low
  • Repainting of lantern roof in like-colours.
  • Corrosion reparations to lantern roof (including ventilator and drip tray).
Lens assembly and light sourceHigh
  • Removal of 1950 Robison Bros. 375mm focal radius lens assembly from Cape Baily.
Low
  • Replacement or removal of LED array.
  • Cleaning of lens.
PedestalHigh
  • Removal of pedestal.
Low
  • Repainting of pedestal in like-colours.
  • Corrosion reparations to cast ferrous pedestal.
WallsHigh
  • Major alterations to the original concrete walls.
Low
  • Repainting of walls in like colours.
WindowsMedium
  • Major alterations to the original windows openings.
Low
  • Replacement of broken glass louvres, pane, or cement sheeting.
  • Repainting of cement sheeting blank panes in like-colours.
  • Corrosion reparations to hinges and frames.
DoorsHigh
  • Major alterations to original ground floor door opening.
Low
  • Corrosion reparations to plate and locking bar.
  • Repainting of ground floor door in like-colours.
Apron slabLow
  • Reparation to concrete cracking.

6.3 Statutory and legislative requirements

The following table lists the Acts and codes relevant to the management of Cape Baily Lighthouse.

Act or codeDescription
Environment Protection and Biodiversity Conservation Act 1999 (Cth) The Environment Protection & Biodiversity Conservation Act 1999 (Cth) requires agencies to prepare management plans that satisfy the obligations included in Schedule 7A and 7B of the EPBC Regulations.

Environment Protection and Biodiversity Conservation Regulations 2000 (Cth)

Schedule 7B

The Commonwealth Department of Climate Change, Energy, the Environment and Water has determined these principles as essential for guidance in managing heritage properties.

  • The objective in managing Commonwealth Heritage places is to identify, protect, conserve, present and transmit, to all generations, their Commonwealth Heritage values.
  • The management of Commonwealth Heritage places should use the best available knowledge, skills and standards for those places, and include ongoing technical and community input to decisions and actions that may have a significant impact on their Commonwealth Heritage values.
  • The management of Commonwealth Heritage places should respect all heritage values of the place and seek to integrate, where appropriate, any Commonwealth, state, territory and local government responsibilities for those places.
  • The management of Commonwealth Heritage places should ensure that their use and presentation is consistent with the conservation of their Commonwealth Heritage values.
  • The management of Commonwealth Heritage places should make timely and appropriate provision for community involvement, especially by people who:
    • have a particular interest in, or associations with, the place; and
    • may be affected by the management of the place;
  • Indigenous people are the primary source of information on the value of their heritage and that the active participation of indigenous people in identification, assessment and management is integral to the effective protection of indigenous heritage values.
  • The management of Commonwealth Heritage places should provide for regular monitoring, review and reporting on the conservation of Commonwealth Heritage values.
AMSA Heritage Strategy 2022-2025

As the custodian of many iconic sites, AMSA has long recognised the importance of preserving their cultural heritage.

This Heritage Strategy is in response to section 341ZA of the EPBC Regulations (2000) which obliges AMSA to prepare and maintain a heritage strategy, along with obliging AMSA to:

  • assist in identification, assessment and monitoring of places of heritage value in its care;
  • prepare and maintain a register of its places of heritage value;
  • protect the heritage value of places when they are sold or leased;
  • provide this heritage strategy, and any subsequent major updates, to the relevant minister.

The strategy derives from the AMSA Corporate Plan and achievements are reported through the AMSA Annual Report. The 2020-2021 AMSA Annual Report can be found online.32

Navigation Act 2012 (Cth)

Part 5 of the Act outlines AMSA’s power to establish, maintain and inspect marine aids to navigation (such as Cape Baily Lighthouse).

  1. AMSA may:
    1. establish and maintain aids to navigation; and
    2. add to, alter or remove any aid to navigation that is owned or controlled by AMSA; and
    3. vary the character of any aid to navigation that is owned or controlled by AMSA.
  2. AMSA, or person authorised in writing by AMSA may, at any reasonable time of the day or night:
    1. inspect any aid to navigation or any lamp or light which, in the opinion of AMSA or the authorised person, may affect the safety or convenience of navigation, whether the aid to navigation of the lamp or light is the property of:
      1. a state or territory; or
      2. an agency of a state or territory; or
      3. any other person; and
    2. enter any property, whether public or private, for the purposes of an inspection under paragraph (a); and
    3. transport, or cause to be transported, any good through any property, whether public or private, for any purpose in connection with:
      1. the maintenance of an aid to navigation that is owned or controlled by AMSA; or
      2. the establishment of any aid to navigation by AMSA.
Australian Heritage Council Act 2003 (Cth)

This Act establishes the Australian Heritage Council, whose functions are:

  • to make assessments under Division 1A and 3A of Part 15 of the EPBC Act 1999;
  • to advise the Minister on conserving and protecting places included, or being considered for inclusion, in the National Heritage List or Commonwealth Heritage List;
  • to nominate places for inclusion in the National Heritage List or Commonwealth Heritage List;
  • to promote the identification, assessment, conservation and monitoring of heritage;
  • to keep the Register of the National Estate;
  • to organise and engage in research and investigations necessary for the performance of its functions;
  • to provide advice directly to any person or body or agency either if its own initiative of at the request of the Minister; and
  • to make reports as outlined in the Act.
Building Code of Australia

The Code is the definitive regulatory resource for building construction, providing a nationally accepted and uniform approach to technical requirements for the building industry. It specifies matters relating to building work in order to achieve a range of health and safety objectives, including fire safety.

As far as possible, Commonwealth agencies aim to achieve compliance with the Code, although this may not be entirely possible because of the nature of and constraints provided by existing circumstances, such as an existing building.

Work Health and Safety Act 2011 (Cth)

The objectives of this Act include:

  1. The main object of this Act is to provide for a balanced and nationally consistent framework to secure the health and safety of workers and workplaces by:
    1. protecting workers and other persons against harm to their health, safety and welfare through the elimination or minimisation of risks arising from work; and
    2. providing for fair and effective workplace representation, consultation, co‑operation and issue resolution in relation to work health and safety; and
    3. encouraging unions and employer organisations to take a constructive role in promoting improvements in work health and safety practices, and assisting persons conducting businesses or undertakings and workers to achieve a healthier and safer working environment; and
    4. promoting the provision of advice, information, education and training in relation to work health and safety; and
    5. securing compliance with this Act through effective and appropriate compliance and enforcement measures; and
    6. ensuring appropriate scrutiny and review of actions taken by persons exercising powers and performing functions under this Act; and
    7. providing a framework for continuous improvement and progressively higher standards of work health and safety; and
    8. maintaining and strengthening the national harmonisation of laws relating to work health and safety and to facilitate a consistent national approach to work health and safety in this jurisdiction.
  2. In furthering subsection (1)(a), regard must be had to the principle that workers and other persons should be given the highest level of protection against harm to their health, safety and welfare from hazards and risks arising from work as is reasonably practicable.

[Quoted from Division 2 of Act]

This has implications for Cape Baily Lighthouse of Australia as it is related to AMSA staff, contractors and visitors.

6.4 Operational requirements and occupier needs

As a working AtoN, the operational needs of Cape Baily Lighthouse are primarily concerned with navigational requirements. Below are the operational details and requirements of the Cape Baily light as outlined by AMSA.

Navigation requirement for AMSA’s AtoN site

The following table is taken from AMSA’s Asset Management Strategy for the Cape Baily light.

1Objective/rationale

An AtoN is required at this site to mark the precipitous Kurnell Peninsular between Botany Bay and Port Hacking.

The AtoN is required to provide both a landfall mark from seaward and a mark for coastal navigation for inshore traffic.

2Required type(s) of AtoN

A fixed structure is required to act as a daymark.

A distinctive light is required for use at night.

3Priority/significanceAn AtoN at this site is important for the navigation of commercial ships
4Required measure of performanceThe service performance of the AtoN must comply with the IALA Availability Target Category 1 (99.8%).
5Primary and secondary means (if any) of identification

The daymark must be conspicuous from seaward. The existing white colour of the structure meets this requirement.

The light must comply with the requirements of rhythmic characters of light as per the IALA NAVGUIDE.

The light must have distinct characteristics that are easy to recognise and identify. The current characteristic of group flashing white light at every 16 seconds meets this requirement.

6Visual range

During daytime, the AtoN structure should be visible from at least 5 nautical miles.

At night, the white light must have a nominal range of at least 13 nautical miles.

7Radar conspicuousnessAs the coast on which the structure is located can provide a good radar return, no additional radar enhancement is required.

AMSA’s goals

AMSA is responsible, under the Navigation Act, for maintaining a network of marine AtoN around Australia’s coastline that assist mariners to make safe and efficient passages. AMSA’s present network of approximately 500 marine AtoN includes traditional lighthouses such as Cape Baily, beacons, buoys, racons, automatic identification system stations, metocean sensors including broadcasting tide gauges, current meter, directional wave rider buoys and a weather station.

Technological developments in the area of vessel traffic management have also contributed to increasing navigation safety and helped promote marine environment protection. AMSA aims to meet international standards for the reliability of lighthouses set by the International Association of Marine Aids to Navigation and Lighthouse Authorities (IALA).

At the time of preparing this management plan, the major goal for Cape Baily Lighthouse primarily encompassed continuing its utilisation as an AtoN (for as long as necessary), while upkeeping the appropriate maintenance to conserve and preserve the heritage values of the lighthouse.

Lighthouse performance standards

AMSA aims to meet international standards for the reliability of lighthouses set by IALA. Cape Baily light is designated as an IALA Availability Category 1 AtoN (within a scale of Category 1 to Category 3, Category 1 aids are most critical). Category 1 aids have an availability target of 99.8 per cent.

Access to the lighthouse

One practical effect of this performance standard is that the operational equipment and structure of the light need to be kept in good repair by regular maintenance. Routine maintenance and emergency repairs are carried out by AMSA’s maintenance contractor. The contractor needs reliable access to the site for this work, and AMSA officers need access for occasional inspections of the site including to audit the contractor’s performance.

6.5 Proposals for change

Preventative maintenance works are carried out on the lighthouse to maintain its status as a working marine AtoN, and to assist in the site’s conservation.

A list of scheduled preventative maintenance work is identified within the latest available site inspection report. The information provided below was taken from this report.

MaintenanceEstimated date of work
Structure paint2030

6.6 Potential pressures

A significant pressure that harnesses the potential to affect the Commonwealth heritage values of the place would be the obligation to remove or replace original fabric materials from the lighthouse owing to unavoidable and irreversible deterioration.

At the time this plan was written, no current plans exist to remove or replace any original fabric materials from Cape Baily Lighthouse. In the event plans are made to modify or remove heritage fabric, work will be conducted in line with the heritage considerations and requirements of the EPBC Act.

6.7 Processes for decision-making

Processes for decision-making are required in the event of an incident that impacts the heritage values of the site. The following incidents are included due to their likelihood of occurrence at Cape Baily Lighthouse.

IncidentProcedure
Major project/maintenance works proposed
  • Prepare Heritage Impact Statement on proposed modifications.
  • Submit scope of works and Heritage Impact Statement to the Department of Climate Change, Energy, the Environment and Water.
  • Notify NSW NPWS.
Damage to lighthouse’s fabric (heritage significance)
  • AMSA or selected contractors assess extent of damage.
  • Seek heritage advice on restoration of heritage fabric impacted.
  • Identify possible loss of heritage value (at both state and Commonwealth level).
  • Seek the appropriate approvals for restoration of heritage fabric impacted.
  • Implement best-practice management of restoration work in keeping with the original character of the place.
  • In the case of a loss of heritage value, prepare report for submission.
  • Update record-keeping of incident and make available to relevant personnel.
Damage to lighthouse’s fabric (no heritage significance)
  • AMSA or selected contractors to assess extent of damage.
  • Identify possible impact on heritage fabric in any work carried out to restore fabric.
  • Implement best-practice management of restoration work.
  • Update record-keeping of incident and make available to relevant personnel.
Light upgrade
  • Assess possible loss of heritage value in the event of an upgrade.
  • If necessary, seek expert heritage advice on process of upgrade.
  • If necessary, seek heritage approvals for the upgrade of light.
  • Implement best-practice management of light upgrade work.
  • Update record-keeping and make available to relevant personnel.
Modification to lighthouse such as adding of attachment
  • Assess possible obstruction to light.
  • Seek heritage approvals for attachment to tower.
  • Monitor attachment and update record-keeping.
Unforeseen discovery of Aboriginal artefacts on-site.
  • Immediate stop-work. Create temporary 'buffer' zone and allow no entry in zone until artefacts have been assessed by appropriate personnel.
  • Notify NSW NPWS and Heritage NSW as soon as possible.
  • Delay work on site until artefacts have been appropriately assessed, and/or extracted and further investigations carried out in surrounding area.
  • Update record-keeping of unforeseen discovery and make available to relevant personnel.
Divestment of lighthouse from AMSA
  • Transfer ownership or control of heritage assets to the NSW NPWS.
  • Transfer relevant records and historical information held by AMSA to the NSW NPWS.

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