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Friday, 3 April 1987
Page: 1836


Senator GARETH EVANS (Minister for Resources and Energy)(12.00) —I agree with Senator Harradine that article 34 (a) of the World Heritage Convention is not particularly helpful in addressing this issue. That is the Federal clause, essentially, and it explains the interrelationship between the Commonwealth and the State. It does not go back to the basic obligation on which the legislation must primarily be based. That obligation is to be found in Articles 3, 4 and 5 (d) of the World Heritage Convention which place an obligation on parties to the Convention to identify natural heritage and cultural heritage as defined in the Convention. If we analyse the travaux preparatoires, the documents preparatory to the Convention, they show that the identification was clearly understood by all the participating parties as including the process of inquiry and report. This is the purpose of the inquiry being set up under this Bill. The chain of argument and authority clearly is there and it goes back to Articles 3, 4 and 5 (d), not Article 34 (a).