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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Environment
and Heritage Legislation Amendment Bill (No. 2)
2000
No. ,
2000
(Environment and
Heritage)
A Bill for an Act to amend
legislation relating to the environment, and for related purposes
ISBN: 0642 464146
Contents
Environment Protection and Biodiversity Conservation Act
1999 3
Environment Protection and Biodiversity Conservation Act
1999 45
A Bill for an Act to amend legislation relating to the
environment, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Environment and Heritage Legislation
Amendment Act (No. 2) 2000.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Schedule 2 commences at whichever of the following times
applies:
(a) if section 9 of the Act that establishes the Director of
Indigenous Heritage Protection commences before, or at the same time as,
Schedule 1 to this Act—immediately after the commencement of
Schedule 1 to this Act;
(b) if section 9 of the Act that establishes the Director of
Indigenous Heritage Protection commences after Schedule 1 to this
Act—the time when section 9 of the Act that establishes the Director
of Indigenous Heritage Protection commences.
Note: The Act that establishes the Director of Indigenous
Heritage Protection is the Aboriginal and Torres Strait Islander Heritage
Protection Act 2000 (although the year of the Act may be different if the
Act is passed in a later year).
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
Environment Protection and
Biodiversity Conservation Act 1999
1 After paragraph 3(1)(c)
Insert:
(ca) to provide for the protection and conservation of heritage;
and
2 After paragraph 3(2)(f)
Insert:
(fa) includes provisions to identify places for inclusion in the National
Heritage List and Commonwealth Heritage List and to enhance the protection,
conservation and presentation of those places; and
3 Subsection 12(4)
Omit “Act”, substitute “section”.
4 After Subdivision A of Division 1 of
Part 3
Insert:
(1) A constitutional corporation, the Commonwealth or Commonwealth agency
must not take an action that has, will have or is likely to have a significant
impact on the national heritage values of a national heritage place.
Civil Penalty:
(a) for an individual—5,000 penalty units;
(b) for a body corporate—50,000 penalty units.
(2) A person must not, for the purposes of trade or commerce:
(a) between Australia and another country; or
(b) between 2 States; or
(c) between a State and Territory; or
(d) between 2 Territories;
take an action that has, will have or is likely to have a significant
impact on the national heritage values of a national heritage place.
Civil Penalty:
(a) for an individual—5,000 penalty units;
(b) for a body corporate—50,000 penalty units.
(3) A person must not take an action in:
(a) a Commonwealth area; or
(b) a Territory;
that has, will have or is likely to have a significant impact on the
national heritage values of a national heritage place.
Civil Penalty:
(a) for an individual—5,000 penalty units;
(b) for a body corporate—50,000 penalty units.
(4) A person must not take an action that has, will have or is likely to
have a significant impact on the national heritage values, to the extent that
they are indigenous heritage values, of a national heritage place.
Civil Penalty:
(a) for an individual—5,000 penalty units;
(b) for a body corporate—50,000 penalty units.
Note: For indigenous heritage value, see
section 528.
(5) A person must not take an action that has, will have or is likely to
have a significant impact on the national heritage values of a national heritage
place in an area in respect of which Australia has obligations under Article 8
of the Biodiversity Convention.
Civil Penalty:
(a) for an individual—5,000 penalty units;
(b) for a body corporate—50,000 penalty units.
(6) Subsection (5)
only applies to actions whose prohibition is appropriate and adapted to give
effect to Australia’s obligations under Article 8 of the Biodiversity
Convention. (However, that subsection may not apply to certain actions because
of subsection (7).)
(7) Subsections (1) to (5) do not apply to an action if:
(a) an approval of the taking of the action by the constitutional
corporation, Commonwealth agency, Commonwealth or person is in operation under
Part 9 for the purposes of this section; or
(b) Part 4 lets the constitutional corporation, Commonwealth agency,
Commonwealth or person take the action without an approval under Part 9 for
the purposes of this section; or
(c) there is in force a decision of the Minister under Division 2 of
Part 7 that this section is not a controlling provision for the action and,
if the decision was made because the Minister believed the action would be taken
in a manner specified in the notice of the decision under section 77, the
action is taken in that manner; or
(d) the action is an action described in subsection 160(2) (which
describes actions whose authorisation is subject to a special environmental
assessment process).
Note: For national heritage place, see
subsection 324B(2) and for national heritage values, see
section 324C.
(1) A constitutional corporation, or a Commonwealth agency that does not
enjoy the immunities of the Commonwealth, is guilty of an offence if:
(a) the corporation or agency takes an action; and
(b) the action results or will result in a significant impact on the
national heritage values of a national heritage place.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
(2) A constitutional corporation, or a Commonwealth agency that does not
enjoy the immunities of the Commonwealth, is guilty of an offence if:
(a) the corporation or agency takes an action; and
(b) the action is likely to have a significant impact on the national
heritage values of a national heritage place; and
(c) the corporation or agency is reckless as to the facts in
paragraph (b).
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
(3) A person is guilty of an offence if:
(a) the person takes an action; and
(b) the action is taken for the purposes of trade or commerce:
(i) between Australia and another country; or
(ii) between 2 States; or
(iii) between a State and Territory; or
(iv) between 2 Territories; and
(c) the action results or will result in a significant impact on the
national heritage values of a national heritage place.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
(4) A person is guilty of an offence if:
(a) the person takes an action; and
(b) the action is taken for the purposes of trade or commerce:
(i) between Australia and another country; or
(ii) between 2 States; or
(iii) between a State and Territory; or
(iv) between 2 Territories; and
(c) the action is likely to have a significant impact on the national
heritage values of a national heritage place; and
(d) the person is reckless as to the facts in
paragraph (c).
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
(5) A person is guilty of an offence if:
(a) the person takes an action; and
(b) the action is taken in:
(i) a Commonwealth area; or
(ii) a Territory; and
(c) the action results or will result in a significant impact on the
national heritage values of a national heritage place.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
(6) A person is guilty of an offence if:
(a) the person takes an action; and
(b) the action is taken in:
(i) a Commonwealth area; or
(ii) a Territory; and
(c) the action is likely to have a significant impact on the national
heritage values of a national heritage place; and
(d) the person is reckless as to the facts in
paragraph (c).
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
(7) A person is guilty of an offence if:
(a) the person takes an action; and
(b) the action results or will result in a significant impact on the
national heritage values, to the extent that they are indigenous heritage
values, of a national heritage place.
Note 1: For indigenous heritage value, see
section 528.
Note 2: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
(8) A person is guilty of an offence if:
(a) the person takes an action; and
(b) the action is likely to have a significant impact on the national
heritage values, to the extent that they are indigenous heritage values, of a
national heritage place; and
(c) the person is reckless as to the facts in
paragraph (b).
Note 1: For indigenous heritage value, see
section 528.
Note 2: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
(9) A person is guilty of an offence if:
(a) the person takes an action; and
(b) the action results or will result in a significant impact on the
national heritage values of a national heritage place; and
(c) the national heritage place is in an area in respect of which
Australia has obligations under Article 8 of the Biodiversity
Convention.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
(10) A person is guilty of an offence if:
(a) the person takes an action; and
(b) the action is likely to have a significant impact on the national
heritage values of a national heritage place; and
(c) the national heritage place is in an area in respect of which
Australia has obligations under Article 8 of the Biodiversity Convention;
and
(d) the person is reckless as to the facts in paragraphs (b) and
(c).
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
(11) An offence against any of subsections (1) to (10) is punishable
on conviction by imprisonment for a term not more than 7 years, a fine not more
than 420 penalty units, or both.
Note 1: Subsection 4B(3) of the Crimes Act 1914 lets
a court fine a body corporate up to 5 times the maximum amount the court could
fine a person under this subsection.
Note 2: An executive officer of a body corporate convicted
of an offence against this section may also be guilty of an offence against
section 495.
(12) Subsections (9) and (10) only apply to actions whose prohibition
is appropriate and adapted to give effect to Australia’s obligations under
Article 8 of the Biodiversity Convention. (However, those subsections may not
apply to certain actions because of subsection (13).)
(13) Subsections (1) to (10) do not apply to an action if:
(a) an approval of the taking of the action by the constitutional
corporation, Commonwealth agency or person is in operation under Part 9 for
the purposes of this section; or
(b) Part 4 lets the constitutional corporation, Commonwealth agency
or person take the action without an approval under Part 9 for the purposes
of this section; or
(c) there is in force a decision of the Minister under Division 2 of
Part 7 that this section is not a controlling provision for the action and,
if the decision was made because the Minister believed the action would be taken
in a manner specified in the notice of the decision under section 77, the
action is taken in that manner; or
(d) the action is an action described in subsection 160(2) (which
describes actions whose authorisation is subject to a special environmental
assessment process).
Note 1: For national heritage place, see
subsection 324B(2) and for national heritage values, see
section 324C.
Note 2: The defendant bears an evidential burden in relation
to the matters in this subsection. See subsection 13.3(3) of the Criminal
Code.
5 Section 34 (after table
item 1A)
Insert:
|
1B |
section 15B |
the national heritage values of a national heritage place |
|
1C |
section 15C |
the national heritage values of a national heritage place |
6 After section 34B
Insert:
(1) The Minister may make a declaration under section 33 relating to
a national heritage place only if:
(a) the Minister is satisfied that the declaration will promote the
management of the place in accordance with the national heritage management
principles; and
(b) the declaration meets the requirements (if any) prescribed by the
regulations.
(2) The Minister may accredit a management plan under section 33 for
the purposes of such a declaration only if he or she is satisfied that the
management plan will promote the management of the place concerned in accordance
with the national heritage management principles.
7 After section 51
Insert:
(1) The Minister may enter into a bilateral agreement containing a
provision relating to a national heritage place only if:
(a) the Minister is satisfied that the agreement will promote the
management of the place in accordance with the national heritage management
principles; and
(b) the provision meets the requirements (if any) prescribed by the
regulations.
(2) The Minister may accredit a management plan under section 46 for
the purposes of such a bilateral agreement only if he or she is satisfied that
the plan will promote the management of the place concerned in accordance with
the national heritage management principles.
8 Subsection 84(3A)
After “34B,”, insert “34BA,”.
9 Chapter 5 (heading)
Repeal the heading, substitute:
10 Paragraph 304(a)
After “biodiversity”, insert “or
heritage”.
11 Section 304
After “biodiversity” (last occurring), insert “, heritage
or both of those things”.
12 Subsection 305(1)
Omit “in the Australian jurisdiction, including”, substitute
“or heritage in the Australian jurisdiction, including any one or more of
the following”.
13 Paragraphs 305(1)(a) and
(b)
Repeal the paragraphs, substitute:
(a) the protection, conservation and management of any listed species or
ecological communities, or their habitats;
(b) the protection, conservation and management of a national heritage
place or Commonwealth heritage place;
(c) the abatement of processes, and the mitigation or avoidance of
actions, that might adversely affect:
(i) biodiversity; or
(ii) the national heritage values of a national heritage place;
or
(iii) the Commonwealth heritage values of a Commonwealth heritage
place.
14 Paragraphs 305(2)(a) and
(b)
Repeal the paragraphs, substitute:
(a) in the case of a proposed agreement for the protection and
conservation of biodiversity—the agreement:
(i) will result in a net benefit to the conservation of biodiversity;
and
(ii) is not inconsistent with a recovery plan, threat abatement plan or
wildlife conservation plan; and
(b) in the case of a proposed agreement for the protection and
conservation of heritage—the agreement:
(i) will result in a net benefit to the conservation of heritage;
and
(ii) is not inconsistent with the national heritage management principles
or Commonwealth heritage management principles; and
(c) in the case of a proposed agreement for the protection and
conservation of both biodiversity and heritage—the agreement satisfies
paragraphs (a) and (b).
15 Subsection 305(3)
After “biodiversity”, insert “or
heritage”.
16 Paragraph 306(1)(a)
After “biodiversity”, insert “or
heritage”.
17 Paragraph 306(1)(b)
Omit all the words after “affect”, substitute:
: (i) the species, ecological communities, habitats or potential habitats
covered by the agreement; or
(ii) the national heritage values of a national heritage place;
or
(iii) the Commonwealth heritage values of a Commonwealth heritage
place;
18 Paragraph 306(2)(a)
After “biodiversity”, insert “or
heritage”.
19 Paragraph 306(2)(b)
Omit all the words after “affect”, substitute:
: (i) the species, ecological communities, habitats or potential habitats
covered by the agreement; or
(ii) the national heritage values of a national heritage place;
or
(iii) the Commonwealth heritage values of a Commonwealth heritage
place;
20 Subsection 309(3)
Omit “components of biodiversity”, substitute:
: (a) components of biodiversity; or
(b) the national heritage values of a national heritage place;
or
(c) the Commonwealth heritage values of a Commonwealth heritage
place;
21 At the end of
section 323
Add:
(3) In this section:
cultural heritage has the meaning given by the World Heritage
Convention.
natural heritage has the meaning given by the World Heritage
Convention.
22 After Division 1 of
Part 15
Insert:
The following is a simplified outline of this Division:
The Minister may only include a place in the National Heritage List if the
Minister is satisfied that the place has one or more national heritage
values.
The Minister may ask the Australian Heritage Council for an assessment of
the place’s national heritage values and invite public comments on the
inclusion of the place in the National Heritage List.
The Minister must make plans for managing national heritage places that are
entirely within Commonwealth areas. The Commonwealth and Commonwealth agencies
must not contravene those plans.
The Commonwealth must try to prepare and implement plans for managing other
national heritage places, in co-operation with the States and self-governing
Territories.
The Commonwealth and Commonwealth agencies have duties relating to national
heritage places in States and Territories.
The Commonwealth can provide assistance for the identification, promotion,
protection or conservation of national heritage places.
Note: Section 15B prohibits an action that has a
significant impact on the national heritage values of a national heritage place,
unless the person taking the action has the approval of the Minister or certain
other requirements are met.
(1) The Minister must establish, by instrument published in the
Gazette, a National Heritage List.
(2) A place may only be included in the National Heritage List if the
Minister is satisfied that the place has one or more national heritage values. A
place that is included in the National Heritage List is called a national
heritage place.
(3) The National Heritage List must specify the national heritage values
for which each place is included in the National Heritage List.
(5) The National Heritage List may be kept electronically.
(1) A place has one or more national heritage values only if
it meets one or more of the criteria for national heritage values prescribed in
the regulations for the purposes of this section. The criteria may deal with
natural, indigenous, historic, or any other, heritage value.
Note: For indigenous heritage value, see
section 528.
(2) The national heritage values of a national heritage
place are the national heritage values specified for the place in the National
Heritage List.
(1) A person may, in accordance with the regulations (if any), nominate to
the Minister a place for inclusion in the National Heritage List.
(2) Within 20 business days after receiving a nomination of a place, the
Minister must:
(a) ask the Australian Heritage Council for an assessment of the
place’s national heritage values under section 324F; or
(b) advise the person who made the nomination of the Minister’s
decision not to include the place in the National Heritage List and of the
reasons for that decision.
Note: However, the Minister may, in an emergency, include
the place in the National Heritage List before asking for an assessment under
section 324F (see section 324E).
(3) The Minister may:
(a) ask a person who has nominated a place to provide additional
information about the place within a specified period; and
(b) reject the nomination if the information is not provided within that
period.
The period specified must be reasonable.
(4) If the Minister asks a person for additional information, the period
in subsection (2) stops on the day the Minister asks for that information
until the day after that information is provided.
(5) To avoid doubt, a member of the Australian Heritage Council may make a
nomination in accordance with this section on behalf of the Australian Heritage
Council.
(6) The Minister may, by publishing a notice in accordance with the
regulations, invite nominations of places within a specified theme.
(1) Despite subsection 324D(2), the Minister may include a place in the
National Heritage List before asking the Australian Heritage Council for an
assessment of the place’s national heritage values if the Minister is
satisfied that:
(a) the place has or may have one or more national heritage values;
and
(b) any of those values are under imminent threat.
(2) Within 10 business days after including the place in the National
Heritage List, the Minister must:
(a) ask the Australian Heritage Council for an assessment of the
place’s national heritage values under section 324F; and
(b) publish a notice in accordance with the regulations stating that the
place is included in the National Heritage List and the date on which it was
included; and
(c) if the place was nominated by a person—advise the person that
the place has been included in the National Heritage List.
(3) The Australian Heritage Council must give the Minister the assessment
within 40 business days after the Minister asks for the assessment However, the
Minister may extend that period.
(1) The Australian Heritage Council must give the Minister a written
assessment of a place’s national heritage values within:
(a) 12 months after the Minister asks for the assessment; or
(b) if the place is included in the National Heritage List under
section 324E (emergency listing)—within 40 business days after the
Minister asks for the assessment.
However, the Minister may extend that period.
(2) In making an assessment, the Australian Heritage Council:
(a) must make reasonable efforts to notify the following persons that the
place is being considered for inclusion in the National Heritage List:
(i) the place’s owner and occupier (if any);
(ii) any indigenous persons with rights or interests in the place, if the
Australian Heritage Council considers the place might have indigenous heritage
value; and
(b) must give those persons a reasonable opportunity to comment in writing
on whether the place should be included in the National Heritage List.
A copy of the comments must be included in the assessment.
(3) In making an assessment of a place’s national heritage values,
the Australian Heritage Council must not consider any matter that does not
relate to the place’s national heritage values.
(4) The Minister must consider an assessment under this section if it is
given to the Minister by the end of the period in subsection (1).
(5) The Minister may ask the Australian Heritage Council for an assessment
of a place’s national heritage values whether or not the place is the
subject of a nomination.
(6) The Australian Heritage Council must not undertake an assessment of a
place’s national heritage values unless the Minister asks it to do so.
However, the Australian Heritage Council may undertake research and
investigations necessary for the purposes of nominating places to be included in
the National Heritage List.
Note: For indigenous heritage value, see
section 528.
(1) The Minister must publish a notice in accordance with the regulations
inviting comments, in an approved form, on the inclusion of a place in the
National Heritage List.
Note: However, the Minister is not required to publish a
notice in certain circumstances: see subsection (5).
(2) The notice must be published within 20 business days after the day on
which the Minister receives from the Australian Heritage Council an assessment
of the place’s national heritage values under section 324F.
(3) The notice must include a statement (statement of
significance) setting out the place’s national heritage values and
must allow the comments to be given to the Minister within:
(a) 40 business days after the notice is published; or
(b) if the place is included in the National Heritage List under
section 324E (emergency listing)—20 business days after the notice is
published.
(4) The Minister may ask the Australian Heritage Council or a person with
appropriate qualifications or expertise to assess the merits of any comments
received by the Minister that comply with this section.
(5) The Minister is not required to publish a notice under this section
concerning a place, other than a place included in the National Heritage List
under section 324E (emergency listing), if the Australian Heritage
Council’s assessment under section 324F is to the effect that the
place should not be included in the National Heritage List.
(1) Within a reasonable period after considering any comments that comply
with section 324G concerning a place, other than a place that is included
in the National Heritage List under section 324E (emergency listing), the
Minister must:
(a) include the place in the National Heritage List and publish a notice
to that effect in accordance with the regulations; or
(b) advise the person who nominated the place of the Minister’s
decision not to include the place in the National Heritage List and of the
reasons for that decision.
A notice published under paragraph (a) must include a statement
setting out the place’s national heritage values.
Note: The Minister may only include a place in the National
Heritage List if the Minister is satisfied that the place has one or more
national heritage values (see subsection 324B(2)).
(2) Within a reasonable period after considering any comments that comply
with section 324G concerning a place that is included in the National
Heritage List under section 324E (emergency listing), the Minister
must:
(a) decide that the place is to remain in the National Heritage List and
publish a notice to that effect in the Gazette; or
(b) remove the place from the National Heritage List by publishing a
notice in the Gazette.
A notice published under paragraph (a) must include a statement
setting out the place’s national heritage values.
Note: The Minister may only include a place in the National
Heritage List if the Minister is satisfied that the place has one or more
national heritage values (see subsection 324B(2)).
(3) Section 324J does not apply to the removal of a place under
paragraph (2)(b).
Note: This means that the notice that is published in
accordance with that paragraph is not a disallowable
instrument.
(1) The Minister may only remove a place from the National Heritage List
if the Minister is satisfied that:
(a) the place does not have any national heritage values; or
(b) it is necessary in the interests of Australia’s defence or
security to do so.
Note: A place may also be removed from the National Heritage
List under section 324H(2).
(2) The Minister may only remove one or more national heritage values
specified in the National Heritage List for a national heritage place if the
Minister is satisfied that the place no longer has the national heritage value
or values.
(3) The Minister may remove a place, or a national heritage value
specified for a place, by instrument published in the Gazette.
(4) The instrument is a disallowable instrument for the purposes of
section 46A of the Acts Interpretation Act 1901 unless the
instrument removes the place only because of paragraph (1)(b)
(Australia’s defence of security).
Note 1: The Minister must first obtain and consider the
advice of the Australian Heritage Council (see
section 324K).
Note 2: How one or more additional national heritage values
for a place may be specified is dealt with in
section 324L.
(5) The removal takes effect on the first day on which the instrument is
no longer liable to be disallowed, or to be taken to have been disallowed, under
section 48 of the Acts Interpretation Act 1901 as it applies in
relation to an instrument because of section 46A of that Act. This
subsection has effect despite section 48 of the Acts Interpretation Act
1901.
(6) When an instrument is laid before each House of the Parliament in
accordance with section 48 of the Acts Interpretation Act 1901, the
Minister must cause a statement to be laid before each House with the instrument
explaining why the Minister removed from the National Heritage List the place or
the place’s national heritage value or values.
(7) A notice summarising the information contained in an instrument under
this section must be published in accordance with the
regulations.
(1) The Minister must ask the Australian Heritage Council for advice
before removing under section 324J a place from the National Heritage List
or one or more of a place’s national heritage values. However, the
Minister is not required to do so if the removal is only because of paragraph
324J(1)(b) (Australia’s defence of security).
(2) The advice must be given to the Minister within the period specified
by the Minister.
(3) The Minister must consider advice given to the Minister under this
section by the end of that period.
(4) The regulations may set out requirements that the Minister must comply
with in obtaining or considering the advice.
(5) In preparing the advice, the Australian Heritage Council must not
consider any matter that does not relate to the national heritage values of the
place concerned.
(6) The Minister must:
(a) decide whether to remove from the National Heritage List the place
concerned, or the national heritage value or values of the place concerned;
and
(b) if the Minister decides to remove the place, or the national heritage
value or values of the place—ensure that an instrument removing the place
or national heritage value or values is published in the
Gazette;
within 60 business days after the advice is given to the Minister, or 60
business days after the end of the specified period for giving the Minister the
advice, whichever is earlier.
(1) This section sets out how the Minister can specify in the National
Heritage List one or more additional national heritage values for a national
heritage place if the Minister considers it appropriate to do so.
(2) For the purposes only of specifying the additional national heritage
value or values, the Minister must treat the place, and comply with the
requirements in this Subdivision, as though the place were not already included
in the National Heritage List.
(3) Nothing in this section affects the inclusion of the place, as
originally included, in the National Heritage List.
The Minister must ensure that:
(a) up-to-date copies of the National Heritage List are available for free
to the public on request; and
(b) an up-to-date copy of the National Heritage List is available on the
Internet.
Note: The copies of the National Heritage List made publicly
available may not contain certain information kept confidential under
section 324N.
(1) This section applies if the Minister considers that a place would be
significantly damaged by the disclosure of some or all of the following
information, or by the presence or actions of persons if some or all of the
following information were disclosed publicly:
(a) the place’s precise location;
(b) the place’s national heritage values;
(c) any other information about the place.
(2) It is sufficient compliance with this Act if only a general
description of the place, its location or its national heritage values is
included in:
(a) the National Heritage List as made publicly available; or
(b) a notice given, or other document created, for the purposes of this
Act.
(1) A member of the Australian Heritage Council has a duty not to disclose
to any other person:
(a) an assessment under section 324F of a place’s national
heritage values or any information relating to the assessment; or
(b) advice under section 324K concerning a place or any information
relating to the advice;
unless the disclosure is for the official purposes of the Australian
Heritage Council.
(2) However, subsection (1) does not apply after the earlier of the
following:
(a) 60 business days after the Minister receives the assessment or the
advice;
(b) the day on which:
(i) a notice is published under section 324H concerning the place;
or
(ii) an instrument is published in the Gazette under
section 324J concerning the place;
as the case may be.
(1) The Minister must make a written plan for managing each national
heritage place that is entirely within one or more Commonwealth areas. The
Minister must do so within the period specified in the regulations after the
place:
(a) is included in the National Heritage List; or
(b) becomes entirely within one or more Commonwealth areas.
Note: However, section 324R precludes the Minister from
making plans for managing certain places.
(2) The Minister may, in writing, amend a plan or revoke and replace a
plan.
(3) A plan must not be inconsistent with the national heritage management
principles (see Subdivision E).
(4) If the national heritage management principles change so that a plan
(the earlier plan) is inconsistent with them, the Minister must
make another plan:
(a) amending or revoking the earlier plan to make it consistent with the
principles; or
(b) revoking and replacing the earlier plan.
(5) The Minister must give notice, in accordance with the regulations, if
the Minister:
(a) makes a plan for a national heritage place; or
(b) amends such a plan; or
(c) revokes and replaces such a plan.
(1) Despite section 324Q, the Minister must not make a plan for
managing so much of a national heritage place as is in a Commonwealth reserve
and covered by another plan under this Act.
(2) Despite section 324Q, the Minister must not make a plan for
managing so much of a national heritage place as is in the Territory of Heard
Island and McDonald Islands and covered by a plan in operation under the
Environment Protection and Management Ordinance 1987 of that
Territory.
The Commonwealth or a Commonwealth agency must not contravene a plan
under section 324Q for managing a national heritage place.
To avoid doubt, a plan for managing a national heritage place may be in
the same document as:
(a) one or more other plans for managing national heritage places;
or
(b) one or more other plans that this Act or another law of the
Commonwealth requires or permits to be prepared.
(1) At least once in every 7 year period after a plan for managing a
national heritage place is made under section 324Q, the Minister must cause
a review of the plan to be carried out.
(2) The review must assess whether the plan is consistent with the
national heritage management principles in force at the time.
(1) This section applies to a national heritage place that is not entirely
within one or more Commonwealth areas and is:
(a) in a State; or
(b) in a self-governing Territory; or
(c) on, over or under the seabed vested in a State by the Coastal
Waters (State Title) Act 1980 or in the Northern Territory by the Coastal
Waters (Northern Territory Title) Act 1980.
(2) The Commonwealth must use its best endeavours to ensure a plan for
managing the place, that is not inconsistent with the national heritage
management principles, is prepared and implemented in co-operation with the
State or Territory.
(3) The Commonwealth, and each Commonwealth agency, must take all
reasonable steps to ensure it exercises its powers and performs its functions in
relation to the place in a way that is not inconsistent with:
(a) the national heritage management principles; or
(b) the plan for managing the place, if one has been prepared under
subsection (2).
(1) The Minister must make principles for managing national heritage. A
copy of the principles must be published in the Gazette. The principles are
called the national heritage management principles.
(2) The regulations may prescribe obligations to implement or give effect
to the national heritage management principles.
(3) A person must comply with the regulations to the extent that they
impose obligations on the person.
(1) This section applies to a Commonwealth agency that executes a contract
for the sale or lease to someone else of Commonwealth land that includes a
national heritage place. It does not matter whether the agency executes the
contract for the Commonwealth or on its own behalf.
(2) The agency must ensure that the contract includes a covenant the
effect of which is to protect the national heritage values specified for the
place in the National Heritage List.
(3) The agency must take reasonable steps to ensure as far as practicable
that the covenant binds the successors in title of the buyer or
lessee.
Note: The Minister may enter into an agreement under
Part 14 for the protection and conservation of the place’s heritage
value.
(1) The Commonwealth may give financial or other assistance for the
identification, promotion, protection or conservation of a national heritage
place to:
(a) a State or self-governing Territory in which the place or part of the
place is located; or
(b) any other person.
(2) The Commonwealth may give the assistance subject to
conditions.
(1) At least once in every 10 year period after the National Heritage List
is established, the Minister must ensure that:
(a) a review of the National Heritage List is carried out; and
(b) a report of that review is tabled in each House of the
Parliament.
(2) The report must include details of:
(a) the number of places included in the National Heritage List;
and
(b) any significant damage or threat to the national heritage values of
those places; and
(c) how many plans under Subdivisions C and D for managing national
heritage places have been made, or are being prepared, and how effectively the
plans that have been made are operating; and
(d) the operation of any conservation agreements under Part 14 that
affect national heritage places; and
(e) any other matters that the Minister considers relevant.
23 After Division 3 of
Part 15
Insert:
The following is a simplified outline of this Division:
The Minister may only include a place in the Commonwealth Heritage List if
the place is in a Commonwealth area and the Minister is satisfied that the place
has one or more Commonwealth heritage values.
The Minister may ask the Australian Heritage Council for an assessment of
the place’s Commonwealth heritage values and invite public comments on the
inclusion of the place in the Commonwealth Heritage List.
Commonwealth agencies must make plans for managing Commonwealth heritage
places. The Commonwealth and Commonwealth agencies must not contravene those
plans.
Commonwealth agencies also have other obligations.
The Commonwealth can provide assistance for the identification, promotion,
protection or conservation of Commonwealth heritage places.
(1) The Minister must establish, by instrument published in the
Gazette, a Commonwealth Heritage List.
(2) A place may only be included in the Commonwealth Heritage List
if:
(a) the place is entirely within a Commonwealth area; and
(b) the Minister is satisfied that the place has one or more Commonwealth
heritage values.
A place that is included in the Commonwealth Heritage List is called a
Commonwealth heritage place.
(3) The Commonwealth Heritage List must specify the Commonwealth heritage
values for which each place is included in the Commonwealth Heritage
List.
(4) The Commonwealth Heritage List may be kept electronically.
(1) A place has one or more Commonwealth heritage values
only if it meets one or more of the criteria for Commonwealth heritage values
prescribed in the regulations for the purposes of this section. The criteria may
deal with natural, indigenous, historic, or any other, heritage value.
Note: For indigenous heritage value, see
section 528.
(2) The Commonwealth heritage values of a Commonwealth
heritage place are the Commonwealth heritage values specified for the place in
the Commonwealth Heritage List.
(1) A person may, in accordance with the regulations (if any), nominate to
the Minister a place for inclusion in the Commonwealth Heritage List.
(2) Within 20 business days after receiving a nomination of a place, the
Minister must:
(a) ask the Australian Heritage Council for an assessment of the
place’s national heritage values under section 341F; or
(b) advise the person who made the nomination of the Minister’s
decision not to include the place in the Commonwealth Heritage List and of the
reasons for that decision.
Note: However, the Minister may, in an emergency, include
the place in the Commonwealth Heritage List before asking for an assessment
under section 341F (see section 341E).
(3) The Minister may:
(a) ask a person who has nominated a place to provide additional
information about the place within a specified period; and
(b) reject the nomination if the information is not provided within that
period.
The period specified must be reasonable.
(4) If the Minister asks a person for additional information, the period
in subsection (2) stops on the day the Minister asks for that information
until the day after that information is provided.
(5) To avoid doubt, a member of the Australian Heritage Council may make a
nomination in accordance with this section on behalf of the Australian Heritage
Council.
(1) Despite subsection 341D(2), the Minister may include a place in the
Commonwealth Heritage List before asking the Australian Heritage Council for an
assessment of the place’s Commonwealth heritage values if:
(a) the place is entirely within a Commonwealth area; and
(b) the Minister is satisfied that the place has or may have one or more
Commonwealth heritage values any of which are under imminent threat.
(2) Within 10 business days after including the place in the Commonwealth
Heritage List, the Minister must:
(a) ask the Australian Heritage Council for an assessment of the
place’s Commonwealth heritage values under section 341F;
and
(b) publish a notice in accordance with the regulations stating that the
place is included in the Commonwealth Heritage List and the date on which it was
included; and
(c) if the place was nominated by a person—advise the person that
the place has been included in the Commonwealth Heritage List.
(3) The Australian Heritage Council must give the Minister the assessment
within 40 business days after the Minister asks for the assessment. However, the
Minister may extend that period.
(1) The Australian Heritage Council must give to the Minister a written
assessment of a place’s Commonwealth heritage values within:
(a) 12 months after the Minister asks for the assessment; or
(b) if the place is included in the Commonwealth Heritage List under
section 341E (emergency listing)—within 40 business days after the
Minister asks for the assessment.
However, the Minister may extend that period.
(2) In making an assessment, the Australian Heritage Council:
(a) must make reasonable efforts to notify the following persons that the
place is being considered for inclusion in the Commonwealth Heritage
List:
(i) the place’s owner and occupier (if any);
(ii) any indigenous persons with rights or interests in the place, if the
Australian Heritage Council considers the place might have indigenous heritage
value; and
(b) must give those persons a reasonable opportunity to comment in writing
on whether the place should be included in the Commonwealth Heritage
List.
A copy of the comments must be included in the assessment.
(3) In making an assessment of a place’s Commonwealth heritage
values, the Australian Heritage Council must not consider any matter that does
not relate to the place’s Commonwealth heritage values.
(4) The Minister must consider an assessment under this section if it is
given to the Minister by the end of the period in subsection (1).
(5) The Minister may ask the Australian Heritage Council for an assessment
of a place’s Commonwealth heritage values whether or not the place is the
subject of a nomination.
(6) The Australian Heritage Council must not undertake an assessment of a
place’s Commonwealth heritage values unless the Minister asks it to do so.
However, the Australian Heritage Council may undertake research and
investigations necessary for the purposes of nominating places to be included in
the Commonwealth Heritage List.
Note: For indigenous heritage value, see
section 528.
(1) The Minister must publish a notice in accordance with the regulations
inviting comments, in an approved form, on the inclusion of a place in the
Commonwealth Heritage List.
Note: However, the Minister is not required to publish a
notice in certain circumstances: see subsection (5).
(2) The notice must be published within 20 business days after the day on
which the Minister receives from the Australian Heritage Council an assessment
of the place’s Commonwealth heritage values under
section 341F.
(3) The notice must include a statement (statement of
significance) setting out the place’s Commonwealth heritage values
and must allow the comments to be given to the Minister within:
(a) 40 business days after the notice is published; or
(b) if the place is included in the Commonwealth Heritage List under
section 341E (emergency listing)—20 business days after the notice is
published.
(4) The Minister may ask the Australian Heritage Council or a person with
appropriate qualifications or expertise to assess the merits of any comments
received by the Minister that comply with this section.
(5) The Minister is not required to publish a notice under this section
concerning a place, other than a place included in the Commonwealth Heritage
List under section 341E (emergency listing), if the Australian Heritage
Council’s assessment under section 341F is to the effect that the
place should not be included in the Commonwealth Heritage List.
(1) Within a reasonable period after considering any comments that comply
with section 341G concerning a place, other than a place that is included
in the Commonwealth Heritage List under section 341E (emergency listing),
the Minister must:
(a) include the place in the Commonwealth Heritage List and publish a
notice to that effect in accordance with the regulations; or
(b) advise the person who nominated the place of the Minister’s
decision not to include the place in the Commonwealth Heritage List and of the
reasons for that decision.
A notice published under paragraph (a) must include a statement
setting out the place’s Commonwealth heritage values.
Note: The Minister may only include a place in the
Commonwealth Heritage List if the place is entirely within a Commonwealth area
and the Minister is satisfied that the place has one or more Commonwealth
heritage values (see subsection 341B(2)).
(2) Within a reasonable period after considering any comments that comply
with section 341G concerning a place that is included in the Commonwealth
Heritage List under section 341E (emergency listing), the Minister
must:
(a) decide that the place is to remain in the Commonwealth Heritage List
and publish a notice to that effect in the Gazette; or
(b) remove the place from the Commonwealth Heritage List by publishing a
notice in the Gazette.
A notice published under paragraph (a) must include a statement
setting out the place’s national heritage values.
Note: The Minister may only include a place in the
Commonwealth Heritage List if the place is entirely within a Commonwealth area
and the Minister is satisfied that the place has one or more Commonwealth
heritage values (see subsection 341B(2)).
(3) Section 341J does not apply to the removal of a place under
paragraph (2)(b).
Note: This means that the notice that is published in
accordance with that paragraph is not a disallowable
instrument.
(1) The Minister may only remove a place from the Commonwealth Heritage
List if the Minister is satisfied that:
(a) the place is not entirely within a Commonwealth area; or
(b) the place does not have any Commonwealth heritage values; or
(c) it is necessary in the interests of Australia’s defence or
security to do so.
Note: A place may also be removed from the Commonwealth
Heritage List under section 341H(2).
(2) The Minister may only remove one or more Commonwealth heritage values
specified in the Commonwealth Heritage List for a Commonwealth heritage place if
the Minister is satisfied that the place no longer has the Commonwealth heritage
value or values.
(3) The Minister may remove a place, or a Commonwealth heritage value
specified for a place, by instrument published in the Gazette.
Note 1: The Minister must first obtain and consider the
advice of the Australian Heritage Council (see
section 341K).
Note 2: How one or more additional Commonwealth heritage
values for a place may be specified is dealt with in
section 341L.
(4) The instrument is a disallowable instrument for the purposes of
section 46A of the Acts Interpretation Act 1901 unless the
instrument removes the place only because of either or both of the
following:
(a) paragraph (1)(a) (the place is not entirely within a Commonwealth
area);
(b) paragraph (1)(c) (Australia’s defence of
security).
(5) The removal takes effect on the first day on which the instrument is
no longer liable to be disallowed, or to be taken to have been disallowed, under
section 48 of the Acts Interpretation Act 1901 as it applies in
relation to an instrument because of section 46A of that Act. This
subsection has effect despite section 48 of the Acts Interpretation Act
1901.
(6) When an instrument is laid before each House of the Parliament in
accordance with section 48 of the Acts Interpretation Act 1901, the
Minister must cause a statement to be laid before each House with the instrument
explaining why the Minister removed from the Commonwealth Heritage List the
place or the place’s Commonwealth heritage value or values.
(7) A notice summarising the information contained in an instrument under
this section must be published in accordance with the
regulations.
(1) The Minister must ask the Australian Heritage Council for advice
before removing under section 341J a place from the Commonwealth Heritage
List or one or more of a place’s Commonwealth heritage values. However,
the Minister is not required to do so if the removal is only because of
paragraph 341J(1)(c) (Australia’s defence of security).
(2) The advice must be given to the Minister within the period specified
by the Minister.
(3) The Minister must consider advice given to the Minister under this
section by the end of that period.
(4) The regulations may set out requirements that the Minister must comply
with in obtaining or considering the advice.
(5) In preparing the advice, the Australian Heritage Council must not
consider any matter that does not relate to the Commonwealth heritage values of
the place concerned.
(6) The Minister must:
(a) decide whether to remove from the Commonwealth Heritage List the place
concerned, or the Commonwealth heritage value or values of the place concerned;
and
(b) if the Minister decides to remove the place, or the Commonwealth
heritage value or values of the place—ensure that an instrument removing
the place or Commonwealth heritage value or values is published in the
Gazette;
within 60 business days after the advice is given to the Minister, or 60
business days after the end of the specified period for giving the Minister the
advice, whichever is earlier.
(1) This section sets out how the Minister can specify in the Commonwealth
Heritage List one or more additional Commonwealth heritage values for a
Commonwealth heritage place if the Minister considers it appropriate to do
so.
(2) For the purposes only of specifying the additional Commonwealth
heritage value or values, the Minister must treat the place, and comply with the
requirements in this Subdivision, as though the place were not already included
in the Commonwealth Heritage List.
(3) Nothing in this section affects the inclusion of the place, as
originally included, in the Commonwealth Heritage List.
The Minister must ensure that:
(a) up-to-date copies of the Commonwealth Heritage List are available for
free to the public on request; and
(b) an up-to-date copy of the Commonwealth Heritage List is available on
the Internet.
Note: The copies of the Commonwealth Heritage List made
publicly available may not contain certain information kept confidential under
section 341N.
(1) This section applies if the Minister considers that a place would be
significantly damaged by the disclosure of some or all of the following
information, or by the presence or actions of persons if some or all of the
following information were disclosed publicly:
(a) the place’s precise location;
(b) the place’s Commonwealth heritage values;
(c) any other information about the place.
(2) It is sufficient compliance with this Act if only a general
description of the place, its location or its Commonwealth heritage values is
included in:
(a) the Commonwealth Heritage List as made publicly available;
or
(b) a notice given, or other document created, for the purposes of this
Act.
(1) A member of the Australian Heritage Council has a duty not to disclose
to any other person:
(a) an assessment under section 341F of a place’s Commonwealth
heritage values or any information relating to the assessment; or
(b) advice under section 341K concerning a place or any information
relating to the advice;
unless the disclosure is for the official purposes of the Australian
Heritage Council.
(2) However, subsection (1) does not apply after the earlier of the
following:
(a) 60 business days after the Minister receives the assessment or the
advice;
(b) the day on which:
(i) a notice is published under section 341H concerning the place;
or
(ii) an instrument is published in the Gazette under
section 341J concerning the place;
as the case may be.
(1) Each Commonwealth agency that owns or controls a Commonwealth heritage
place must make a written plan for managing the place. The agency must do so
within the period specified in the regulations after the place is included in
the Commonwealth Heritage List.
Note: However, a Commonwealth agency must not make plans for
managing certain places (see section 341S).
(2) A plan must not be inconsistent with the Commonwealth heritage
management principles (see Subdivision D).
(3) If the Commonwealth heritage management principles change so that a
plan (the earlier plan) is inconsistent with them, the agency
concerned must make another written plan:
(a) amending or revoking the earlier plan to make it consistent with the
principles; or
(b) revoking and replacing the earlier plan.
(4) Before making, amending or revoking and replacing a plan for managing
a Commonwealth heritage place, the agency concerned must ask the Minister for
advice on the matter and must take account of any advice on the matter received
from the Minister.
(5) The Minister must consult with the Australian Heritage Council in
preparing an advice for the purposes of this section.
(6) A Commonwealth agency must give notice, in accordance with the
regulations, if the agency:
(a) makes a plan for a Commonwealth heritage place; or
(b) amends such a plan; or
(c) revokes and replaces such a plan.
Note: Subdivision F imposes other obligations on
Commonwealth agencies.
(1) A Commonwealth agency that makes a plan for managing a Commonwealth
heritage place may ask the Minister to accredit the plan.
Note: An agency that has a plan accredited under this
section is not required to ask for advice under section 341Y about taking
certain actions.
(2) The Minister:
(a) may only accredit a plan that the Minister is satisfied provides for
the conservation of the Commonwealth heritage values of the place concerned;
and
(b) must not accredit a plan that the Minister considers is inconsistent
with the Commonwealth heritage management principles (see Subdivision
E).
(3) The Minister may, at any time, revoke an accreditation of a plan if
the Minister considers it appropriate to do so.
(1) Despite section 341Q, a Commonwealth agency must not make a plan
for managing so much of a Commonwealth heritage place as is in a Commonwealth
reserve and covered by another plan under this Act.
(2) Despite section 341Q, a Commonwealth agency must not make a plan
for managing so much of a Commonwealth heritage place as is in the Territory of
Heard Island and McDonald Islands and covered by a plan in operation under the
Environment Protection and Management Ordinance 1987 of that
Territory.
The Commonwealth or a Commonwealth agency must not contravene a plan
under section 341Q for managing a Commonwealth heritage place.
To avoid doubt, a plan for managing a Commonwealth heritage place may be
in the same document as:
(a) one or more other plans for managing Commonwealth heritage places;
or
(b) one or more other plans that this Act or another law of the
Commonwealth requires or permits to be prepared.
(1) At least once in every 7 year period after a plan for managing a
Commonwealth heritage place is made under section 341Q, the Commonwealth
agency concerned must cause a review of the plan to be carried out.
(2) The review must assess whether the plan is consistent with the
Commonwealth heritage management principles in force at the time.
(1) The Minister must make principles for managing Commonwealth heritage.
A copy of the principles must be published in the Gazette. Those principles are
called the Commonwealth heritage management principles.
(2) The regulations may prescribe obligations to implement or give effect
to the Commonwealth heritage management principles.
(3) A person must comply with the regulations to the extent that they
impose obligations on the person.
A Commonwealth agency that owns or controls a place that has, or might
have, one or more Commonwealth heritage values must take all reasonable steps to
assist the Minister and the Australian Heritage Council in the identification
and assessment of the place’s Commonwealth heritage values.
(1) Before a Commonwealth agency takes an action that has, will have or is
likely to have a significant impact on a Commonwealth heritage place, the agency
must ask the Minister for advice about taking the action.
(2) However, the agency is not required to ask for the advice
if:
(a) the agency has a plan for managing the place that is accredited by the
Minister under section 341R; and
(b) the action is provided for or taken in accordance with the
plan.
(3) Within 30 business days after an agency asks for an advice under
subsection (1), the Minister must give a written advice to the agency. The
Minister must consult with the Australian Heritage Council in preparing the
advice.
(4) The Minister may ask an agency to provide additional information about
the action or place concerned. If the Minister does so, the period in
subsection (3) stops on the day the Minister asks for that information
until the day after that information is provided.
(1) This section applies to a Commonwealth agency that executes a contract
for the sale or lease to someone else of Commonwealth land that includes a
Commonwealth heritage place. It does not matter whether the agency executes the
contract for the Commonwealth or on its own behalf.
(2) The agency must ensure that the contract includes a covenant the
effect of which is to protect the Commonwealth heritage values specified for the
place in the Commonwealth Heritage List.
(3) The agency must take reasonable steps to ensure as far as practicable
that the covenant binds the successors in title of the buyer or
lessee.
Note: The Minister may enter into an agreement under
Part 14 for the protection and conservation of the place’s heritage
value.
(1) The Commonwealth may give financial or other assistance for the
identification, promotion, protection or conservation of a Commonwealth heritage
place to any person.
(2) The Commonwealth may give the assistance subject to
conditions.
(1) At least once in every 10 year period after the Commonwealth Heritage
List is established, the Minister must ensure that:
(a) a review of the Commonwealth Heritage List is carried out;
and
(b) a report of that review is tabled in each House of the
Parliament.
(2) The report must include details of:
(a) the number of places included in the Commonwealth Heritage List;
and
(b) any significant damage or threat to the Commonwealth heritage values
of those places; and
(c) how many plans under Subdivision C for managing Commonwealth heritage
places have been made, or are being prepared, and how effectively the plans that
have been made are operating; and
(d) the operation of any conservation agreements under Part 14 that
affect Commonwealth heritage places; and
(e) any other matters that the Minister considers relevant.
24 At the end of subsection
367(1)
Add:
; and (j) if the reserve includes a national heritage place or
Commonwealth heritage place—take account of the national heritage
management principles or Commonwealth heritage management principles as the case
may be.
25 Subsection 391(3) (after table
item 11)
Insert:
|
11A |
324Q |
about making a plan for managing a national heritage place that is entirely
within one or more Commonwealth areas |
26 Subsection 391(3) (after table
item 13)
Insert:
|
13A |
341R |
about accrediting a plan for managing a Commonwealth heritage
place |
27 After subparagraph
495(2)(a)(i)
Insert:
(ia) section 15C (Offences relating to national heritage places);
or
28 Section 528
Insert:
Australian Heritage Council means the body established by the
Australian Heritage Council Act 2000.
29 Section 528
Insert:
Commonwealth Heritage List means the list established and
kept under section 341B.
30 Section 528
Insert:
Commonwealth heritage management principles has the meaning
given by section 341W.
31 Section 528
Insert:
Commonwealth heritage place has the meaning given by
subsection 341B(2).
32 Section 528 (definition of cultural
heritage)
Repeal the definition.
33 Section 528
Insert:
heritage value of a place includes the place’s natural
and cultural environment having aesthetic, historic, scientific or social
significance, or other significance, for current and future generations of
Australians.
34 Section 528
Insert:
indigenous heritage value of a place means the heritage value
of the place that is of particular significance to indigenous persons in
accordance with their traditions.
35 Section 528
Insert:
National Heritage List means the list established and kept
under section 324B.
36 Section 528
Insert:
national heritage management principles has the meaning given
by section 324W.
37 Section 528 (definition of natural
heritage)
Repeal the definition.
38 Section 528
Insert:
national heritage place has the meaning given by subsection
324B(2).
39 Section 528
Insert:
national heritage values has the meaning given by
section 324C.
40 Section 528
Insert:
place includes:
(a) a location, area or region; and
(b) a building or other structure, or group of buildings or other
structures (which may include equipment, furniture, fittings and articles
associated or connected with the building or structure, or group of buildings or
structures); and
(c) in relation to the protection, maintenance, preservation or
improvement of a place—the immediate surroundings of a thing in
paragraph (a) or (b).
Environment Protection and
Biodiversity Conservation Act 1999
1 After subsection 324F(2)
Insert:
(2A) If, in making an assessment, the Australian Heritage Council
considers that the place might have indigenous heritage value, it
must:
(a) ask the Director of Indigenous Heritage Protection to provide written
advice on the place’s indigenous heritage value:
(i) within 40 business days if the Minister asked for the assessment under
section 324D; or
(ii) within 20 business days if the Minister asked for the assessment
under section 324E (emergency listing); and
(b) if the Director provides the advice on time—consider the advice
and include a copy of it in the assessment.
Note: This item will only commence after the commencement of
section 9 of the Act that establishes the Director of Indigenous Heritage
Protection (see section 2 of this Act).
2 After subsection 341F(2)
Insert:
(2A) If, in making an assessment, the Australian Heritage Council
considers that the place might have indigenous heritage value, it
must:
(a) ask the Director of Indigenous Heritage Protection to provide written
advice on the place’s indigenous heritage value:
(i) within 40 business days if the Minister asked for the assessment under
section 341D; or
(ii) within 20 business days if the Minister asked for the assessment
under section 341E (emergency listing); and
(b) if the Director provides the advice on time—consider the advice
and include a copy of it in the assessment.
Note: This item will only commence after the commencement of
section 9 of the Act that establishes the Director of Indigenous Heritage
Protection (see section 2 of this Act).
1 Places may be taken to be included in the
Commonwealth Heritage List
(1) In this item:
Register of the National Estate means the Register of the
National Estate kept under the Australian Heritage Commission Act 1975,
including the Interim List kept under section 26 of that Act, as in force
immediately before this item commences.
(2) Within 6 months after this item commences, the Minister may determine
that the Commonwealth Heritage List is taken to include a place if:
(a) the place:
(i) is or was included, immediately before this item commences, in the
Register of the National Estate; or
(ii) is part of a place that is or was included, immediately before this
item commences, in the Register of the National Estate; and
(b) the place is within a Commonwealth area; and
(c) the Minister is satisfied that the place has one or more Commonwealth
heritage values.
(3) The Minister must ensure that the Commonwealth Heritage List specifies
the Commonwealth heritage value or values for each place that the Minister
determines is taken to be included in the Commonwealth Heritage List.
(4) A determination under subitem (2) must be in writing and a copy of
the determination must be published in the Gazette.