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How are Geological Monuments Protected?

The status of 'geological monument' conferred on any site by the Geological Society of Australia does not give to that site any automatic protection; nor does it give any automatic right of access. Legal protection can only come from a variety of laws which may be applicable to the particular place, or as provided by the State, National or International Heritage registers.

The powers of the Geological Society are limited to moral persuasion that the site is of acknowledged geological value and should be protected for posterity. This can be quite effective where damage to a site is unintentional and due to ignorance of its significance (which is very often the case).

The Geological Society also assists in management of geological monuments by monitoring sites and providing advice to government bodies, developers and the public. Action is occasionally taken, with the assistance of members of the geological profession, to emphasise the geological significance of monuments threatened by development.


A tourist reading an information panel along the Brachina Gorge Geological Trail.

All geological monuments located within reserves (National Parks, Conservation Parks and Regional Reserves) declared under the National Parks and Wildlife Act 1972 (external site, opens in new window) have the protection provided by this Act which has among its objectives the preservation of features of natural and scientific interest.

The Geological Society has also nominated many of the State’s geological monuments for the Register of the National Estate (RNE) (external site, opens in new window) and an additional number are on the Register by virtue of being nominated by others or falling within a National Park which is, itself, on the Register.

This afforded limited protection against actions which may have been taken by State or Local Government, or a private owner.

However, the RNE was frozen by the Federal Government on 19 February 2007. This means that no new places can be added or removed.

Under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (external site, opens in new window) the responsible Federal Minister has powers to intervene if a proposal has a potential for adverse impact on any one of seven specified matters of national environmental significance. Until February 2012, the Minister is required to continue considering the RNE when making some decisions under this Act.

Many places in the RNE are included in other statutory lists, such as the state heritage lists, or local government heritage registers. As a result, those places receive protection under the relevant federal, state or territory legislation, or under council bylaws. The intention is for states, territories, local and the Australian government to complete the task of transferring places which are not so protected to appopriate heritage registers, where necessary, during this five-year transition period.

The (South Australian) Heritage Places Act 1993 (external site, opens in new window) has provision (Sections 25 and 28) for special protection for sites that may be declared of geological or palaeontological significance. Excavating or disturbing such sites, and removing, damaging, destroying or disposing of specimens collected from these sites is prohibited without a Permit from the State Heritage Authority (as, for example, in National Parks).

Two major fossil sites in northern South Australia of international significance were declared as Fossil Reserves in 1901 and 1954 under the Crown Lands Act 1888 and 1929-1944 respectively (Crown Lands Act 1929, external site, opens in new window) and placed under the control of the South Australian Museum. They have since been declared as geological monuments.

When local governments (i.e. Councils) conduct regional planning projects, they prepare Development Plans under the Development Act 1993 (external site, opens in new window). These plans may include recommendations for the management and conservation of heritage places (including geological monuments) listed on the Register of State Heritage Items and Areas.

The Geological Heritage Subcommittee provides Councils with locations and descriptions of monument sites within the Council area. If development is being contemplated at or near these sites they are advised to approach the Geological Society or PIRSA for more precise locations and details. Housing subdivisions and marinas are examples of such developments which can impact upon sites. The Geological Society can often suggest ways of protecting the monument if the development is approved, and in many cases a development proposal has been modified to allow the special geological features of a site to be preserved.

Councils are encouraged to become involved in the preservation of geological monuments (and type sections) because of their amenity value and potential tourist attraction. A number of councils have included such sites in their Development Plans and have acted to protect some sites, featuring them along walking trails and within reserves with interpretive brochures and/or signage.


Information panel detailing the history of
the Amphitheatre, Hallett Cove
.

Geological monuments may be as small as a single outcrop, or they may be large in size; they may be indestructible or vulnerable; they may be appealing to collectors for their minerals or fossils. Usually, there are many activities that are compatible with retention of a monument. It is indeed possible that some development, even limited mining activities or a road cut, may enhance the exposure of the geological features. This must be evaluated for the individual cases, and it is a matter which the Society keeps in mind when acting to conserve a site.

Many sites have been designated as geological monuments because of their unusual landforms or rock features; it is likely that some of these are significant to the Aboriginal people and are thus protected under the Aboriginal Heritage Act 1988 (external site, opens in new window). The Subcommittee has not attempted to establish links between Geological Heritage and Aboriginal sites.

Apart from this aspect, if a geological monument is outside of reserves created under the National Parks and Wildlife Act, is not on the State or National heritage registers and is not identified in Council Development Plans, it has no legal protection apart from the provisions of the Mining and Petroleum Acts (for more information, please visit PIRSA's role in protecting monuments), which are limited to the effects of exploration and mining operations.