6. Opportunities and constraints

• Reduction of visibility of structure and its setting on North Reef.
• Major alterations to the colour scheme of the tower.

• Removal of asbestos, lead paint and other toxic materials.
• Implementation of health and safety hazard markings.
• Repainting of structure in like-colours.

• Major alterations to concrete slab floor, including water tank manhole.
• Major alterations to original floorplan design.

• Repainting of ground floor in like colours.
• Removal/replacement of battery equipment from ground floor.

• Major alterations to intermediate floors, including joists and groove board.

• Repainting of intermediate floors in like-colours.
• Reparations to rotten boards with like-materials.

• Major alterations to original timber stairs and weight tube.

• Repainting of stairs and weight tube in like-colours.
• Reparations to rotten timber with like-materials.

• Major alterations to Chance Bros. lantern base, including original 1878 timber floor.
• Major alterations to original Chance Bros. lantern base door.

• Replacement of vents.

• Repainting of lantern house in like-colours.
• Corrosion reparations to lantern house walls, door ladder, internal and external catwalk.
• Reparations to rotten timber with like-materials.

• Major alterations to original balcony, including floor.

• Major alterations to balcony balustrades.

• Replacement of membrane on balcony floor.
• Replacement/reparations to stainless steel materials of balustrades.
• Reparations to rotten timber with like-materials.
• Repainting of balcony floor and balustrades in like-colours.

• Major alterations to Chance Bros. astragals and copper downpipes.

• Replacement of broken glazing panes.
• Resealing of glazing.
• Repainting of astragals and glazing strips.

• Major alterations to Chance Bros. dome, including ribs, ventilator, external ladder, curtain rail, drip tray and windvane.

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

• Removal or replacement of beacon.

• Major alterations to Chance Bros. pedestal including mercury trough.

• Repainting of pedestal in like-colours.

• Major alterations to original timber and iron plated walls. 

• Repainting of walls in like-colours.
• Corrosion reparations to iron plating.
• Reparations to rotten timber frame.

• Major alterations to original window openings.

• Replacement of aluminium sashes and frames.
• Replacement of any rotten timber frames with like-materials.
• Repainting of sashes in like-colours.
• Replacement of broken window panes.

• Removal of 1878 timber framed and sheeted doors.
• Major alterations to original door openings.

• Replacement of recent main entrance door with like-materials.
• Repainting of doors in like-colours.

• Major alterations to original timber framed walls.
• Major alterations to original truncated cone roof shape.

• Replacement of recent corrugated stainless steel sheets on outer wall.
• Repainting of ground floor walls and roof in like colours.
• Replacement of recent curved purlins with like-materials.
• Replacement of recent tapered ceiling boards with like-materials.
• Replacement of recent colourbond sheeting on roof in like-materials.
• Replacement of recent stainless steel gutter.  

• Removal of the remaining iron caissons.
• Removal of voids originally used for water storage.

• Reparations to recent concrete ring beam.

Environment Protection and Biodiversity Conservation Regulations 2000 (Cth)

Schedule 7B

The Commonwealth Department of Agriculture, Water and the Environment 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 (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 2018-19 AMSA Annual Report can be found online.³⁷

Part 5 of the Act outlines AMSA’s power to establish, maintain and inspect marine aids to navigation (such as North Reef 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.

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.

Great Barrier Reef Marine Park Act 1975 (Cth)

[The following was provided by the Great Barrier Reef Marine Park Authority.³⁸]

Great Barrier Reef Marine Park Act 1975 is the primary Act and includes provisions which:

• establish the Great Barrier Reef Marine Park,
• establish the Great Barrier Reef Marine Park Authority (GBRMPA), a Commonwealth authority responsible for the management of the Marine Park,
• provide a framework for planning and management of the Marine Park, including through zoning plans, plans of management and a system of permissions,
• prohibit mining operations (which includes prospecting or exploration for, as well as recovery of, minerals) in the Great Barrier Reef Region (unless authorised to carry out the operations by a permission granted under the Regulations, for the purpose of research or investigations relevant to the conservation of the Marine Park),
• require compulsory pilotage for certain ships in prescribed areas of the Great Barrier Reef Region,
• provides an investigation regime under the Act and the EPBC Act, including the appointment of inspectors and powers of investigation for those inspectors,
• provides enforcement mechanisms including criminal enforcement action, civil penalties, administration action, infringements notices and emergency powers.

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:
   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 North Reef Lighthouse of Australia as it is related to AMSA staff, contractors and visitors.

An AtoN is required on North Reef to mark the reef at the Northern end of the Capricorn Group.

It is a navigation mark for vessels in a very complex area of North / South two way routes, GBR marine park, marine reserve, area to be avoided and designated shipping area.

In particular a South West / North East two-way route connecting with the Port of Gladstone lies between 3 and 6 nautical miles North West of the AtoN.

A fixed structure is required to act as a daymark.

A distinctive light is required for use at night.

The service performance of the AtoN must comply with the IALA Availability Target Category 1 (99.8%).

Target availability for AIS is 99.8%.

The daymark must be conspicuous. The existing 24 metre white round metal tower and red cupola at an elevation of 23 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 (2) white light every 15 seconds meets this requirement.

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 17 nautical miles.

• Prepare Heritage Impact Statement on proposed modifications.
• Submit scope of works and Heritage Impact Statement to the Department of Agriculture, Water and the Environment for review.
• Consult with GBRMPA on works proposed.

• 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.
• Notify Gidarjil Development Corporation and GBRMPA.
• 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 control of heritage assets to the Lessor.
• Transfer relevant records and historical information held by AMSA to the State of Queensland.