Opportunities and constraints

• Reduction of all round visibility of structure and its setting on Gabo Island.
• Major alteration to the tapering, granite walls.

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

• Major alterations to original stone floor   

• Removal or replacement of battery equipment.

• Removal of upper entrance floor

• Replacement of recent steel chequer plate
• Repainting of upper entrance floor in like colours

• Removal and/or major alteration of original hand rails and stair design

• Repainting of stairs and handrail in like colours
• Corrosion repairs to stairs and handrail
• Revarnishing of timber flight of stairs
• Reglazing of framed door
• Replacement of recent aluminium handrail

• Removal of intermediate floors
• Removal of cast iron column

• Corrosion repair to floors
• Repainting of intermediate floors in like colours

• Removal of balcony

• Removal or replacement of racon
• Repainting of balcony floor in like colours
• Replacement of 1962 balcony balustrade
• Replacement of aluminium mesh

• Removal of lanternhouse
• Removal of unique, internal timber boards

• Removal of the auxiliary light platform.

• Reglazing of the lantern room panes.
• Repainting of the internal catwalk and lantern base (internal and external surfaces) in like colours
• Re-varnishing of internal lantern room timber boards
• Corrosion repair to internal catwalk and lantern base.

• Removal or replacement 1935 pedestal.

• Removal or replacement of Vega VRB Beacon
• Alterations to light’s character

• Removal of the dome

• Repainting of the dome in like colours
• Resealing of the lantern glazing

• Alterations to original window openings.
• Alterations to original door openings

• Repainting of window frames in like colours
• Replacement of damaged glass
• Replacement of recent timber doors and frames
• Repainting of timber doors in like colours
• Removal or replacement of louvres

• Major alterations to design or granite of original external stairs

• Cracking and repointing repairs

• Removal of original windbreak wall
• Removal of original granite rubble

• Removal or replacement of recent concrete paths
• Repairs to concrete paths
• Repointing or cracking repairs to windbreak wall

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:
  • 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.

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 2020-21 AMSA Annual report can be found online.⁴³

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

Division 3, Section 42: Obligations of owners of places and objects

(1) The owner of a place or object to whom a statement of recommendation has been given must advise the Executive Director in writing of –

a) any works or activities that are being carried out in relation to the place or object at the time the statement is given; and

b) any application for a planning permit or a building permit, or for an amendment to the permit, that has been made in relation to the place but not determined at the time the statement is given; and

c) any works or activities that are proposed to be carried out in relation to the place or object at the time the statement is given.

(2) An advice under subsection (1) must be given within 10 days after the statement of recommendation is given under section 40.

(3) The owner of a place to whom a statement of recommendation has been given must advise the Executive Director in writing of an application, permit or amendment if, before a determination under section 49 or 52 in respect of a place –

a) an application for a planning permit or a building permit or for an amendment to that permit in relation to the place is made; or

b) a planning permit or building permit or an amendment to that permit in relation to the place is granted.

(4) An advice under subsection (3) must be given within 10 days after the making of the application or the grant of the permit or amendment.

(5) The owner of a place or object to whom a statement of recommendation has been given must advise the Executive in writing of the following activities or proposals if, before a determination is made under section 49 or 52 in respect of a place or object –

a) Any activities are carried out in relation to the place or object that could harm the place or object;

b) Any activities are proposed to be carried out in relation to the place or object that could harm the place or object.

(6) An advice under subsection (5) must be given within 10 days after the owner becomes aware of the activity or the proposal, as the case requires.

(7) If, before a determination is made under section 49 or 52 in respect of a place or object, a proposal is made to dispose of the whole or any part of the place or object, the owner of the place or object must advise the Executive Director in writing of that proposal.

(8) An advice under subsection (7) must be given at least 10 days before entering into the contract for the disposal of the place or object.

(9) The owner of a place or object who proposes to dispose of the whole or any part of the place or object before a determination is made under section 49 or 52 in respect of the place or object must, before entering into a contract for that disposal, give a copy of the statement of recommendation to the person who, under the proposed contract, is to acquire the place or object of part of the place or object.

Aboriginal Heritage Act 2006 (VIC)

Division 4 — Aboriginal places and objects

24 Reporting discovery of Aboriginal places and objects

(1) This section applies if—

1. a person discovers an Aboriginal place or object; and
2. the person knows that the place or object is an Aboriginal place or object.

(2) The person must report the discovery to the Secretary as soon as practicable unless, at the time of making the discovery, the person had reasonable cause to believe that the Register

contained a record of the place or object.

Penalty: In the case of a natural person,

60 penalty units;

In the case of a body corporate,

300 penalty units.

Note Section 187A applies to an offence against this subsection.

(3) If a discovery of an Aboriginal place or object is made in the course of works being carried out on any land, the person in charge of the works is deemed for the purposes of this section to be the person who discovered the place or object.

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 Gabo Island Lighthouse of Australia as it is related to AMSA staff, contractors and visitors.

An AtoN is required on Gabo Island to warn of the coastal island itself and the New Zealand Star Bank to the south-west at 15 miles.

The AtoN is required as a navigation mark for vessels transiting round this south-east corner of Australia between the Tasman Sea and the Bass Strait

An ESSA lies 1.3 miles to the North East.

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

A distinctive light is required for use at night.

An AIS base station is required with omnidirectional coverage out to 23 nautical miles.

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 day mark must be conspicuous. The existing 47 m high red granite tower surmounted by a white lantern at an elevation of 55 m 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 (3) white light every 20 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 15 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, and the Heritage Council of Victoria 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 Vic Heritage Services (First Peoples - State Relations) and Parks Victoria 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.

• Transfer ownership or control of heritage assets to the Minister for Conservation and Environment (Victoria).
• Terminate lease of Gabo Island Lighthouse site with the Minister for Conservation and Environment (Victoria).
• Transfer relevant records and historical information held by AMSA to the Minister for Conservation and Environment (Victoria).