Environment Protection and Biodiversity Conservation Act 1999

REMOVING A PLACE FROM THE COMMONWEALTH HERITAGE LIST

I, Tanya Plibersek, Minister for the Environment and Water, have become aware that the following place included in the Commonwealth Heritage List (by instrument published in the Gazette identified below) is no longer in a Commonwealth area.

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 removal is attached.
 

Dated      04/02/2023      

Tanya Plibersek

Minister for the Environment and Water

Schedule 1

STATEMENT OF REASONS 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, Tanya Plibersek, Minister for the Environment and Water, provide this statement of reasons for the removal of the following place from the Commonwealth Heritage List under section 341L(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act):  Bungalow 702 (EXT).

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. 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

3.      Bungalow 702 was included in the Commonwealth Heritage List by Gazette Instrument on 22 June 2004. At the time of inclusion, the entirety of Christmas Island, as an external territory of Australia, was Commonwealth land under the EPBC Act 1999.

EVIDENCE AND MATERIAL BEFORE ME

4.      I considered advice:  from the Department of Infrastructure, Transport, Regional Development, Communications and the Arts provided to my department. The advice stated that due to the passing of the Christmas Island Applied Laws Amendment (Heritage) Ordinance 2022, Western Australian heritage laws apply on Christmas Island. The Ordinance effected the commencement of an amendment to the Environment Protection Biodiversity Conservation Act 1999 that excludes private freehold land on Christmas Island from the definition of Commonwealth Area. As a result, from 1 July 2022, Bungalow 702 is wholly privately owned.

FINDINGS ON MATERIAL QUESTIONS OF FACT

5.      Noting the advice above, I find that the place listed in paragraph 1 is no longer owned or leased by the Commonwealth.  As such, it is no longer within Commonwealth control and it is not in a "Commonwealth area" as defined by the Act.

REASONS FOR DECISION

6.      Accordingly, pursuant to section 341L(1)(a) of the Act, as I am aware that the place listed in paragraph 1 is no longer in a Commonwealth area, I remove this place from the Commonwealth Heritage List.

Tanya Plibersek

....................................................................................

MINISTER FOR THE ENVIRONMENT AND WATER

Date: 04/02/2023