ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 324R Disclosure of Australian Heritage Council's assessments and advice

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 324R

  (1)   A member of the Australian Heritage Council has a duty not to disclose the following to a person other than the Minister, an employee in the Department whose duties relate to the Council or another member of the Council:

  (a)   an assessment under section   324JH whether a place meets any of the National Heritage criteria, any information relating to the assessment or any information about the nomination (if any) that led to the making of the assessment;

  (b)   advice under section   324M concerning a place or any information relating to the advice.

  (2)   However:

  (a)   the duty not to disclose a thing described in paragraph   (1)(a) in relation to a place does not exist after:

  (i)   publication in the Gazette of an instrument under paragraph   324JJ(1)(a) or subsection   324JQ(1) in relation to the place; or

  (ii)   the Minister decides under paragraph   324JJ(1)(b) not to include the place in the National Heritage List; and

  (b)   the duty not to disclose a thing described in paragraph   (1)(b) in relation to a place does not exist after:

  (i)   registration under the Legislation Act 2003 of a legislative instrument under section   324L relating to the place; or

  (ii)   the Minister decides under section   324M not to remove the place or a part of the place, or one or more of the place's National Heritage values, from the National Heritage List.

  (2A)   This section does not prevent the Australian Heritage Council from informing a person, or having discussions with a person, about the consequences that result or may result from:

  (a)   a place being, or not being, included in the National Heritage List; or

  (b)   National Heritage values of a place being, or not being, included in the List; or

  (c)   a place or part of a place, or one or more National Heritage values of a place, being removed from the List.

  (2B)   Subsection   (1) does not apply to a disclosure of particular information if:

  (a)   the Chair of the Australian Heritage Council requests the Minister to give permission to disclose that information to a particular person (or persons within a particular group of persons); and

  (b)   the Minister gives that permission; and

  (c)   the disclosure is made to that person (or a person within that group).

  (3)   After a member of the Australian Heritage Council has ceased under subsection   (2) to have a duty not to disclose:

  (a)   an assessment under section   324JH whether a place meets the National Heritage criteria; or

  (b)   advice under section   324M concerning a place;

the member must give a copy of the assessment or advice to anyone who asks for it.

  (4)   If:

  (a)   a member of the Australian Heritage Council proposes to give a person under subsection   (3) a copy of an assessment or advice relating to a place; and

  (b)   the member is aware that, under section   324Q, it would be sufficient compliance with this Act if the copy included only a general description of the place, its location or its National Heritage values;

the member must take reasonable steps to ensure that the copy given to the person does not include a more detailed description than is necessary for sufficient compliance with this Act under that section.