Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend legislation relating to the environment, and for related purposes
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Introduced Senate 07 Dec 2000

Environment and Heritage Legislation Amendment Bill (No. 2) 2000
First Reading

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:

1 Short title This Act may be cited as the Environment and Heritage Legislation Amendment Act (No. 2) 2000.

2 Commencement (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).

3 Schedule(s) Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1--Amendments relating to the National Heritage List and Commonwealth Heritage List

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:

Subdivision AA--National heritage 15B Requirement for approval of activities with a significant impact on a national heritage place (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.


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(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--5 0,000 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.

15C Offences relating to national heritage places (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


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(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

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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:

34BA Declarations relating to national heritage places (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:

51A Agreements relating to national heritage places (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:

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Chapter 5--Conservation of biodiversity and heritage 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:

Division 1A--Managing national heritage places Subdivision A--Simplified outline of this Division 324A Simplified outline of this Division The following is a simplified outline of this Division:

The Minister may only include a place in the National Heritage List if the

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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.

Subdivision B--The National Heritage List 324B The National Heritage List (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.

324C Meaning of national heritage values (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.

324D Nominations of places (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.

324E Emergency listing (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

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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.

324F Assessments by the Australian Heritage Council (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.

324G Requirement to invite public comments (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.

324H Decision whether to include a place 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

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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.

324J Removal of places or national heritage values from the National Heritage List (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.

324K Minister must consider advice of the Australian Heritage Council (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

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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.

324L Specifying one or more additional national heritage values for a national heritage place (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.

324M National Heritage List must be publicly available 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.

324N Certain information may be kept confidential (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.

324P Duty not to disclose assessments or advice (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.

Subdivision C--Management plans for national heritage places in Commonwealth areas 324Q Management plans for national heritage places in Commonwealth areas (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

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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.

324R Restriction on ability to make plans (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.

324S Compliance with plans by the Commonwealth and Commonwealth agencies The Commonwealth or a Commonwealth agency must not contravene a plan under section 324Q for managing a national heritage place.

324T Multiple plans in the same document 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.

324U Review of plans at least every 7 years (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.

Subdivision D--Management of national heritage places in States and self-governing Territories 324V Plans and Commonwealth responsibilities (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).

Subdivision E--The national heritage management principles 324W National heritage management principles (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.


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(3) A person must comply with the regulations to the extent that they impose obligations on the person.

Subdivision F--Obligations of Commonwealth agencies 324X Sale or lease of national heritage places (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.

Subdivision G--Assistance for protecting national heritage places 324Y Commonwealth assistance for protecting national heritage places (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.

Subdivision H--Reviewing and reporting on the National Heritage List 324Z Reviewing and reporting on the National Heritage List (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:

Division 3A--Managing Commonwealth heritage places Subdivision A--Simplified outline of this Division 341A Simplified outline of this Division 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.

Subdivision B--The Commonwealth Heritage List

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341B The Commonwealth Heritage List (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.

341C Meaning of Commonwealth heritage values (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.

341D Nominations of places (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.

341E Emergency listing (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.

341F Assessments by the Australian Heritage Council (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

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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.

341G Requirement to invite public comments (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.

341H Decision whether to include a place 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

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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.

341J Removal of places from the Commonwealth Heritage List (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.

341K Minister must consider advice of the Australian Heritage Council (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.

341L Specifying one or more additional Commonwealth heritage values for a Commonwealth heritage place (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

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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.

341M Commonwealth Heritage List must be publicly available 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.

341N Certain information may be kept confidential (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.

341P Duty not to disclose assessments or advice (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.

Subdivision C--Management plans for Commonwealth heritage places 341Q Management plans for Commonwealth heritage places (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


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(b) amends such a plan; or

(c) revokes and replaces such a plan.

Note: Subdivision F imposes other obligations on Commonwealth agencies.

341R Accrediting management plans for Commonwealth heritage places (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.

341S Restriction on ability to make plans (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.

341T Compliance with plans by the Commonwealth and Commonwealth agencies The Commonwealth or a Commonwealth agency must not contravene a plan under section 341Q for managing a Commonwealth heritage place.

341U Multiple plans in the same document 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.

341V Review of plans at least every 7 years (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.

Subdivision D--The Commonwealth heritage management principles 341W Commonwealth heritage management principles (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.

Subdivision E--Obligations of Commonwealth agencies 341X Obligation to assist the Minister and the Australian Heritage Council 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.

341Y Requirement to ask Minister for advice (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


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(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.

341Z Sale or lease of Commonwealth heritage places (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.

Subdivision F--Assistance for protecting Commonwealth heritage places 341ZA Commonwealth assistance for protecting Commonwealth heritage places (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.

Subdivision G--Reviewing and reporting on the Commonwealth Heritage List 341ZB Reviewing and reporting on the Commonwealth Heritage List (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
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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).

Schedule 2--Amendments relating to the Director of Indigenous Heritage Protection

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).


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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).

Schedule 3--Transitional provision: places included in the Register of the National Estate

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.