Outstanding
Universal Value

Objectives

Our objectives are as follows:

to conserve the OUV of Fremantle Prison in accordance with Australia’s obligations under the Convention Concerning the Protection of the World Cultural and Natural Heritage (‘the World Heritage Convention’) and the EPBC Act
to conserve Fremantle Prison in a manner that recognises its importance as a component of the World Heritage Convention’s Australian Convict Sites serial listing, which is to recognise that actions that adversely impact the heritage values of Fremantle Prison may adversely impact the OUV of the Australian Convict Sites listing as a whole
to manage Fremantle Prison in a manner that meets the ‘core aims’ expressed in the Australian Convict Sites Strategic Plan 2017–2020 (and its successors):
- to collaboratively manage the Property’s OUV
- to conserve and protect the Property’s OUV for current and future generations
- to present and interpret the Property’s OUV, emphasising each site’s contribution to the whole
- to give the Property a function in the life of the community
to conserve the co-existing heritage values embodied by Fremantle Prison by balancing the primary need to conserve its OUV against the secondary need to conserve its National Heritage values and the tertiary need to conserve its state significance
to manage the OUV of Fremantle Prison having regard to the Prison itself and to the buffer zone established around it by the World Heritage inscription

Risks to Avoid

We have identified the following risks to be avoided:

The managers of Fremantle Prison fail to meet their legal obligations, causing embarrassment to relevant government authorities and/or damage to the OUV of Fremantle Prison and the Australian Convict Sites.
Fremantle Prison carries out an action without coordinating with the Australian Convict Sites Steering Committee resulting in the overall OUV of the Australian Convict Sites being adversely impacted.
Actions are undertaken that adversely impact the ‘integrity’ and ‘authenticity’ of Fremantle Prison.
Actions are undertaken in the Fremantle Prison ‘buffer zone’ that cause adverse impacts on the Prison’s OUV.
Adverse impacts occur to significant convict-era elements because of conservation measures undertaken on elements from a later period and of lesser significance.
Adverse impacts occur to post-convict era elements due to conservation of convict-era elements in circumstances where careful planning could have conserved the elements of both periods.

Statutory Framework

Article 4 of the World Heritage Convention states:

Each State Party to this Convention recognizes that the duty of ensuring the identification, protection, conservation, presentation and transmission to future generations of [World Heritage places] situated on its territory, belongs primarily to that State. It will do all it can to this end, to the utmost of its own resources and, where appropriate, with any international assistance and co-operation, in particular, financial, artistic, scientific and technical, which it may be able to obtain.

The Australian Government ensures that its obligations under the World Heritage Convention are met through the EPBC Act. Schedule 5 (Reg. 10.01) of the Environment Protection and Biodiversity Conservation Regulations 2000 includes the management principles that apply to places on the WHL. These emphasise that the primary purpose of management of the cultural heritage of a World Heritage property must include protecting and conserving the World Heritage Values of the place.

The EPBC Act governs ‘actions’ that have, or are likely to have, a significant impact on a matter of ‘national environmental significance’. Places on the WHL (such as Fremantle Prison) are matters of national environmental significance. An ‘action’ may include a project, a development, an undertaking, an activity or a series of activities.

Before taking an action that could have a significant impact on the heritage values of Fremantle Prison, the action must be ‘referred’ to the Australian Minister for the Environment and Energy. The Minister will determine whether or not further and more formal assessment and approval is required, i.e. a ‘controlled action’.

Outstanding Universal Value: About

Non-Statutory Framework

‘Outstanding Universal Value’ is defined by the Operational Guidelines for the Implementation of the World Heritage Convention (Paragraph 49) to mean ‘cultural and/or natural significance which is so exceptional as to transcend national boundaries and to be of common importance for present and future generations of all humanity’. The Australian Convict Sites are inscribed on the WHL for satisfying (through their convict-era function, form and fabric) the following assessment criteria:

Criterion (iv) – be an outstanding example of a type of building, architectural or technological ensemble or landscape which illustrates (a) significant stage(s) in human history
Criterion (vi) – be directly or tangibly associated with events or living traditions, with ideas, or with beliefs, with artistic and literary works of outstanding universal significance

These values are what are being conserved when Fremantle Prison is appropriately managed.

Article 87 of the Operational Guidelines for the Implementation of the World Heritage Convention states that the integrity of places nominated to the WHL must be of a high level. Integrity is a ‘measure of the wholeness and intactness’ of the place’s heritage values. The Operational Guidelines states that this can suffer as a result of ‘neglect’ or inappropriate ‘development’. The managers of Fremantle Prison must remain responsive to the place’s integrity, as well as to the integrity of the Australian Convict Sites as a whole.

Article 96 of the Operational Guidelines for the Implementation of the World Heritage Convention emphasises the importance of protecting, managing, sustaining or enhancing the OUV, including the integrity and authenticity of the place. ‘Authenticity’ refers to the ability of people to understand the value attributed to a place having regard to its ‘credibility’ and ‘truthfulness’. Certain actions (e.g. inappropriate development or intrusive conservation) can adversely impact Fremantle Prison’s authenticity, as well as the authenticity of the Australian Convict Sites as a whole.

Article 103 of the Operational Guidelines for the Implementation of the World Heritage Convention allows for the establishment of a ‘buffer zone’ around a place inscribed on the WHL where ‘necessary for the proper protection of the property’. Fremantle Prison has a buffer zone around it that captures most of the original Convict Grant. Actions undertaken within the buffer zone may be ‘controlled actions’ where, for example, they impact significant views to or from the Prison or where they obscure significant functional relationships (Article 104).

Fremantle Prison forms part of a ‘serial listing’ on the WHL. This is a recognition of the ‘cultural, social or functional links over time’ between the component parts of that serial listing (Article 138). The management of Fremantle Prison must avoid ‘an excessive fragmentation of component parts’ of the Australian Convict Sites serial listing.

Article 5 of the Burra Charter states that: ‘Conservation of a place should identify and take into consideration all aspects of cultural and natural significance without unwarranted emphasis on any one value at the expense of others’. Similarly, Article 13 of the Burra Charter states: ‘Co-existence of cultural values should always be recognised, respected and encouraged. This is especially important in cases where they conflict.’ However, the Australian Government’s legal obligations under the World Heritage Convention make the place’s OUV the primary concern in its conservation, and its National Heritage values and state significance secondary and tertiary concerns respectively.

Outstanding Universal Value: About

Constraints

The imperative to protect and conserve the OUV of Fremantle Prison will place significant constraints on new development at and near Fremantle Prison.

Notwithstanding the cost, in order to meet its statutory obligations Fremantle Prison must act as follows:

Maintain appropriate records, implement interpretation measures and engage in appropriate stakeholder consultation.
Conserve both its built form and movable heritage.
Maintain an up-to-date and effective HMP.

Opportunities

Fremantle Prison’s status as a World Heritage place presents the Australian and Western Australian Governments, and the City of Fremantle, with opportunities to raise the profile of Australia’s cultural heritage generally, and that of Fremantle Prison specifically. Together, they can give the place a function in the life of the community.

Fremantle Prison’s status as a World Heritage place presents the Australian and Western Australian Governments, and the City of Fremantle, with a range of commercial opportunities, e.g. through tourism development.

Overarching Policy Framework

POLICY 1

Fremantle Prison will observe the policies and procedures outlined in this HMP in order to meet its statutory obligations in relation to the Prison’s OUV.

POLICY 2

In policy development and application, Fremantle Prison will be guided by the ‘core aims’ expressed in the Australian Convict Sites Strategic Plan 2017–2020 (and its successors):

to collaboratively manage the Property’s OUV
to conserve and protect the Property’s OUV for current and future generations
to present and interpret the Property’s OUV, emphasising each site’s contribution to the whole
to give the Property a function in the life of the community

This will involve ongoing coordination with the Australian Convict Sites Steering Committee.

POLICY 3

In conserving Fremantle Prison’s co-existing heritage values, Fremantle Prison will assess actions and impacts on a case-by-case basis. However, the primary concern will be the conservation of the place’s OUV, the secondary concern will be the conservation of its National Heritage values, and the tertiary concern will be the conservation of the Prison’s state significance.

POLICY 4
Fremantle Prison will be managed having regard to its World Heritage buffer zone.

Proposed Action

ACTION 1

Maintain the existing collaborative relationship with the Australian Convict Sites Steering Committee.

ACTION 2
Consult this HMP when assessing proposed actions at Fremantle Prison.

ACTION 3
Review and (if necessary) update this HMP within five years of its adoption.

OutstandingUniversal Value