Federal Register of Legislation - Australian Government

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This instrument removes two heritage places from the Commonwealth Heritage List.
Administered by: Climate Change, Energy, the Environment and Water
Registered 31 May 2022

 

Environment Protection and Biodiversity Conservation Act 1999

 

REMOVAL OF PLACES NO LONGER IN A COMMONWEALTH AREA FROM THE COMMONWEALTH HERITAGE LIST 2019

 

 

I, Sussan Ley, Minister for the Environment, have become aware that the following places included in the Commonwealth Heritage List (by instrument published in the Gazette identified below) are no longer in a Commonwealth area.

 

Place

State/Territory

Date of determination

Gazette

Murray Mallee – Calperum and Taylorville Station

SA

22/06/2004

Gazette P5, 15/07/2004

Metropolitan Fire Brigade Station (former)

VIC

22/06/2004

Gazette P5, 15/07/2004

 

 

Accordingly, I remove the places (described in Schedule 1) from the Commonwealth Heritage List in accordance with section 341L(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999.

A statement of reasons for the removals is attached.

 

 

Dated        28/11/2019

 

Sussan Ley

Minister for the Environment

 

 


 

Schedule 1

 

STATE / TERRITORY

Local Government

 

Name

 

Location / Boundary

South Australia

Loxton – Waikerie District

Murray Mallee – Calperum Station and Taylorville Station

About 335,400ha, approximately 11km north of Renmark, comprising all of Calperum and Taylorville Stations.

 

Victoria

Melbourne – Glen Eira City

 

Metropolitan Fire Brigade Station (former)

2-4 Selwyn Street, Elsternwick

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Schedule 2

 

STATEMENT OF REASON FOR THE REMOVAL OF PLACE FROM THE

COMMONWEALTH HERITAGE LIST UNDER SECTION 341L(1)(a) OF THE

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999

 

1.     I, Sussan Ley, Minister for the Environment, provide this statement of reason for the removal of the following places from the Commonwealth Heritage List under section 341L(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act):

·         Murray Mallee – Calperum and Taylorville Station

·         Metropolitan Fire Brigade Station (former)

 

LEGISLATION

2.     Section 341L(1)(a) of the Act provides that I must remove all or part of a place from the Commonwealth Heritage List as soon as practicable after I become aware that the place or part thereof is no longer in a Commonwealth area.

 

3.     Section 525 of the Act provides that a “Commonwealth area” includes land owned or leased by the Commonwealth or a Commonwealth agency, and land in a Commonwealth reserve. A place or part of a place can only be removed from the Commonwealth Heritage List by an instrument published in the Gazette which includes a statement of reasons for the removal (section 341L(4)).

 

BACKGROUND

4.     The Murray Mallee – Calperum and Taylorville Station, was included in the Commonwealth Heritage List by Gazette Instrument in 2004. At the time of inclusion the place was Commonwealth owned by the Director of National Parks.

5.     The Metropolitan Fire Brigade Station (former) was included in the Commonwealth Heritage List by Gazette Instrument in 2004. At the time of inclusion the place was Commonwealth owned by the Australian Broadcasting Corporation (ABC).

 

EVIDENCE AND MATERIAL BEFORE ME

6.     I considered advice:

a.     from the Director of National Parks provided to my Department that National Parks advised that it had transferred ownership and control of Calperum and Taylorville Stations to Austland Services Pty Ltd, and no longer owned or controlled this place;

b.    from the Australian Broadcasting Corporation that advised the Metropolitan Fire Brigade Station (former) was sold by the Australian Broadcasting Corporation to Woolworths and that the Australian Broadcasting Corporation no longer owned or controlled the place.

 

FINDINGS ON MATERIAL QUESTIONS OF FACT

7.     Noting the advice above, I find that the places listed in paragraph 1 are no longer owned or leased by the Commonwealth.

8.     As these places are no longer within Commonwealth control they are not in a "Commonwealth area" as defined by the Act.

 

Reason for Decision

 

9.     Accordingly, pursuant to section 341L(1)(a) of the Act, as I am aware that the places listed in paragraph 1 are no longer in a Commonwealth area, I remove these places from the Commonwealth Heritage List.