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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 341JP Decision about place remaining in the Commonwealth Heritage List

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 341JP

Decision about place remaining in the Commonwealth Heritage List

Minister to decide whether place should remain listed

  (1)   Within 12 months after the inclusion of a place in the Commonwealth Heritage List under section   341JK, the Minister must, by instrument published in the Gazette , subject to subsections   (2) and (3):

  (a)   do one of the following:

  (i)   state that the place remains in the Commonwealth Heritage List with its boundary unaltered;

  (ii)   alter the boundary of the place described in the Commonwealth Heritage List (whether or not the alteration results in an overall increase or decrease in the extent of the place included in the List);

  (iii)   remove from the Commonwealth Heritage List the place and its Commonwealth Heritage values; and

  (b)   if the place is not removed from the Commonwealth Heritage List under subparagraph   (a)(iii)--do all or any of the following:

  (i)   state that specified Commonwealth Heritage values included in the List under section   341JK for the place remain in the List for the place;

  (ii)   include in the List for the place specified Commonwealth Heritage values of the place that were not included in the List under section   341JK for the place;

  (iii)   remove from the List for the place specified Commonwealth Heritage values that were included in the List under section   341JK for the place.

  (2)   The Minister must not take action under subsection   (1) unless the Minister has received an assessment from the Australian Heritage Council under section   341JG in relation to the place.

  (3)   The Minister must not take action under subsection   (1) that results in the place remaining in the Commonwealth Heritage List (whether or not with the same or a different boundary) unless the Minister is satisfied that the place has one or more Commonwealth Heritage values.

Listing lapses automatically if action not taken within 12 months of listing

  (4)   If the Minister does not take action under subsection   (1) within the period referred to in that subsection, the place, and its listed Commonwealth Heritage values, are automatically removed from the Commonwealth Heritage List, by force of this subsection, at the end of that period.

Note:   This subsection applies even if the Minister is prevented from taking action under subsection   (1) because of subsection   (2).

Matters to be considered

  (5)   For the purpose of deciding what action to take under subsection   (1) in relation to the place:

  (a)   the Minister must have regard to:

  (i)   the Australian Heritage Council's assessment whether the place meets any of the Commonwealth Heritage criteria; and

  (ii)   the comments (if any), a copy of which were given to the Minister under subsection   341JG(1) with the assessment; and

  (b)   the Minister may seek, and have regard to, information or advice from any source.

Disapplying section   341L

  (6)   Section   341L does not apply to:

  (a)   an alteration of the boundary of the place, under subparagraph   (1)(a)(ii) of this section, that has the effect of removing part of the place from the Commonwealth Heritage List; or

  (b)   the removal of the place and its Commonwealth Heritage values under subparagraph   (1)(a)(iii) of this section; or

  (c)   the removal of a Commonwealth Heritage value of the place under subparagraph   (1)(b)(iii) of this section.

Minister to publish copy or summary of subsection   (1) notice

  (7)   The Minister must publish a copy or summary of the instrument referred to in subsection   (1). The regulations may specify how the publication is to be made. Subject to any such regulations, the publication must be made in a way that the Minister considers appropriate.

Additional requirements if place etc. is removed under subsection   (1)

  (8)   If, under subsection   (1), the Minister removes from the Commonwealth Heritage List the place or a Commonwealth Heritage value of the place, or alters the boundary of the place described in the List, the Minister must, within 10 business days after the removal or alteration:

  (a)   in any case--publish a copy of the instrument referred to in subsection   (1) on the internet; and

  (b)   if the place is within the Australian jurisdiction--advise each person identified by the Minister as an owner or occupier of all or part of the place of the removal or alteration.

Note:   For the obligation to identify owners or occupiers, see subsection   341JK(3).

Requirements if place is removed under subsection   (4)

  (9)   If, under subsection   (4), the place, and its listed Commonwealth Heritage values, are removed from the Commonwealth Heritage List, the Minister must, within 10 business days after the removal:

  (a)   in any case--publish notice of the removal on the internet; and

  (b)   if the place is within the Australian jurisdiction--advise each person identified by the Minister as an owner or occupier of all or part of the place of the removal.

Note:   For the obligation to identify owners or occupiers, see subsection   341JK(3).

Alternative methods of notifying owners and occupiers

  (10)   If the Minister is satisfied that there are likely to be at least 50 persons referred to in paragraph   (8)(b) or (9)(b), the Council may satisfy the requirements of that paragraph in relation to those persons by including the advice referred to in that paragraph in one or more of the following:

  (a)   advertisements in a newspaper, or newspapers, circulating in the area in which the place is located;

  (b)   letters addressed to "The owner or occupier" and left at all the premises that are wholly or partly within the place;

  (c)   displays in public buildings at or near the place.

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