Opportunities and constraints

• Reduction of all round visibility of structure and its setting on Cape St Albans.
• Major alterations to the tower.

• Removal of asbestos and lead paint or other toxic materials. 

• Major alterations to concrete slab.

• Repainting of ground floor in like colours. 
• Removal or replacement of modern equipment.

• Corrosion reparations to ladder.
• Replacement of recent ladder.

• Major alterations to Chance Bros. 1914 lantern room including floor, walls and fixtures.
• Permanent removal of 1914 Chance Bros. lantern house. 

• Repainting of lantern room floor, walls and door in like colours. 
• Corrosion reparations to fixtures. 
• Reglazing of lantern room panes.
• Replacement of replica door.

• Major alterations to or removal of original concrete slab floor. 

• Replacement of FRP mesh, and stainless steel balustrades.
• Corrosion reparations to balustrades.

• Major alterations to cast iron pedestal and table. 

• Removal of non-rotating lens from site. 

• Repainting of pedestal in like colours. 
• Replacement of lamp-changer. 
• Cleaning of non-rotating lens.
• Alteration of light’s character.

• Removal of lantern roof.

• Adding of attachment to lantern roof.

• Corrosion reparations to lantern roof.
• Repainting of lantern roof in like colours.

• Major alterations to original stone rubble masonry walls.

• Repainting of tower walls in like colours.
• Corrosion reparations to vents.
• Replacement of modern vent fixtures

• Major alterations to the early timber framed and sheeted door.

• Repainting of door in like colours.
• Corrosions reparations to louvre.

• Major alterations to concrete paving.

• Carry out minor repairs to concrete paving.
• Vegetation control around apron paving.

• Removal of original fence posts.
• Removal of original arris-cut rails. 

• Reparations to posts, rails and fibre-cement flat sheeting.
• Replacement of rails and fibre-cement sheeting.
• Repainting of fence in like colours. 
• Vegetation control around fence.

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:
  (a) have a particular interest in, or associations with, the place; and
  (b) 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.

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 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 2020-21 AMSA Annual Report can be found online.³⁶

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

1. AMSA may:
   a) establish and maintain aids to navigation; and 
   (b) add to, alter or remove any aid to navigation that is owned or controlled by AMSA; and 
   (c) 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:
   (a) ispect 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:
        (i) a state or territory; or
        (ii) an agency of a state or territory; or
        (iii) any other person; and
   (b) enter any property, whether public or private, for the purposes of an inspection under paragraph (a); and 
   (c)    transport, or cause to be transported, any good through any property, whether public or private, for any purpose in connection with:
        (i) the maintenance of an aid to navigation that is owned or controlled by AMSA; or
        (ii) the establishment of any aid to navigation by AMSA. 

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.

Part 1 Preliminary
7. Objects of Act
The objects of the Act are:
     (a) to recognise the importance of South Australia's heritage places and related objects in understanding the course of the State's history, including its natural history; and
     (b) to provide for the identification and documentation of places and related objects of State heritage significance; and
     (c) to provide for and promote the conservation of places and related objects of State heritage significance; and
     (d) to promote an understanding and appreciation of the State's heritage; and
     (e) to encourage the sustainable use and adaptation of heritage places in a manner consistent with high standards of conservation practice, the retention of their heritage significance, and relevant development policies.

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.

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:
        (a) protecting workers and other persons against harm to their health, safety and welfare through the elimination or minimisation of risks arising from work; and
        (b) providing for fair and effective workplace representation, consultation, co operation and issue resolution in relation to work health and safety; and
        (c) 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
        (d) promoting the provision of advice, information, education and training in relation to work health and safety; and
        (e) securing compliance with this Act through effective and appropriate compliance and enforcement measures; and
        (f) ensuring appropriate scrutiny and review of actions taken by persons exercising powers and performing functions under this Act; and
        (g) providing a framework for continuous improvement and progressively higher standards of work health and safety; and
        (h) 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 St Albans Lighthouse of Australia as it is related to AMSA staff, contractors and visitors.

An AtoN is required at Cape St Albans to mark the cape itself and to provide a navigation mark for vessels transiting North West / South East through the Backstairs Passage between Cape St Albans and The Pages islands 8 miles to the East.

The AtoN also assists vessels keep clear of the Yatala Shoal 4 miles to its North East and The Scraper shoals up to a mile to its South East.

To the North West, the obscured sector assists vessels stay in deeper water in Antechamber Bay

A fixed structure is required to act as a day mark.

A distinctive light is required for use at night.

The day mark must be conspicuous. The existing nine-metre white masonry tower and lantern at an elevation of 48 metres 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 present flashing white sector light every five seconds meets this requirement. 

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

At night, the white light must have a nominal range of at least 14 nautical miles.

• 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 and the Department for Environment and Water (SA) for review.

• 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.

• 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.

• 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. 

• Assess possible obstruction to light.
• Seek heritage approvals for attachment to tower.
• Monitor attachment and update record-keeping.

• Immediate stop-work. Create temporary 'buffer' zone and allow no entry in zone until artefacts have been assessed by appropriate personnel.
• Notify Ramindjeri Heritage Association Inc., Aboriginal Affairs and Reconciliation (Department of the Premier and Cabinet), and SA National Parks (Department of Environment and Water). 
• 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.

• Transfer ownership or control of heritage assets to appropriate stakeholder.
• Transfer relevant records and historical information held by AMSA to the appropriate authority.