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Environment and Heritage Legislation Amendment Bill (No. 1) 2003

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2990

2002-2003

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Environment and Heritage Legislation Amendment Bill (No. 1) 2002

 

 

(1)     Schedule 1, page 17 (after line 18), after item 16, insert:

16A  After section 74

Insert:

74A  Minister may request referral of a larger action

             (1)  If the Minister receives a referral in relation to a proposal to take an action by a person, and the Minister is satisfied the action that is the subject of the referral is a component of a larger action the person proposes to take, the Minister may decide to not accept the referral.

             (2)  If the Minister decides to not accept a referral under subsection (1), the Minister:

                     (a)  must give written notice of the decision to the person who referred the proposal to the Minister; and

                     (b)  must give written notice of the decision to the person who is proposing to take the action that was the subject of the referral; and

                     (c)  may, under section 70, request of the person proposing to take the action that was the subject of the referral, that they refer the proposal, to take the larger action, to the Minister.

             (3)  To avoid doubt, sections 73 and 74 do not apply to a referral that has not been accepted in accordance with subsection (1).

             (4)  If the Minister decides to accept a referral under subsection (1), the Minister must, at the time of making a decision under section 75:

                     (a)  give written notice of the decision to the person who referred the proposal to the Minister; and

                     (b)  publish in accordance with the regulations (if any), a copy or summary of the decision .

16B  After subsection 75(1)

Insert:

       (1AA)  To avoid doubt, the Minister is not permitted to make a decision under subsection (1) in relation to an action that was the subject of a referral that was not accepted under subsection 74A(1).

[actions which are part of a larger action]

16C  Subsection 77(3)

Repeal the subsection.

16D  Subsection 77(5)

Repeal the subsection.

16E After section 77

I nsert:

77A  Action to be taken in a particular manner

             (1)  If, in deciding whether the action is a controlled action or not, the Minister has made a decision (the component decision ) that a particular provision of Part 3 is not a controlling provision for the action because the Minister believes it will be taken in a particular manner (whether or not in accordance with an accredited management plan for the purposes of a declaration under section 33 or a bilaterally accredited management plan for the purposes of a bilateral agreement), the notice to be provided under section 77 must set out the component decision, identifying the provision and the manner.

Note:          The Minister may decide that a provision of Part 3 is not a controlling provision for an action because he or she believes that the action will be taken in a manner that will ensure the action will not have (and is not likely to have) an adverse impact on the matter protected by the provision.

             (2)  A person must not take an action that is the subject of a notice that includes a particular manner under subsection (1), in a way that is inconsistent with the manner specified in the notice.

Civil penalty:

                     (a)  for an individual—1,000 penalty units, or such lower amount as is prescribed by the regulations;

                     (b)  for a body corporate—10,000 penalty units, or such lower amount as is prescribed by the regulations.

[actions taken in a particular manner]

(2)     Schedule 1, page 17 (after line 20), after item 17, insert:

17A  Section 137

Repeal the section, substitute:

137  Requirements for decisions about World Heritage

                   In deciding whether or not to approve for the purposes of section 12 or 15A the taking of an action, and what conditions to attach to such an approval, the Minister must not act inconsistently with:

                     (a)  Australia’s obligations under the World Heritage Convention; or

                     (b)  the Australian World Heritage management principles; or

                     (c)  a plan that has been prepared for the management of a declared World Heritage property under either section 316 or 321.  

[actions affecting World Heritage]

(3)     Schedule 1, item 18, page 17 (lines 23 to 30), omit section 137A, substitute:

137A  Requirements for decisions about National Heritage places

                   In deciding whether or not to approve for the purposes of section 15B or 15C the taking of an action, and what conditions to attach to such an approval, the Minister must not act inconsistently with:

                     (a)  the National Heritage management principles; or

                     (b)  an agreement made under Part 5 or Part 14 in relation to the protection and conservation of a National Heritage place; or

                     (c)  a plan that has been prepared for the management of a National Heritage place under either section 324S or 324X.

[actions affecting National Heritage]

(4)     Schedule 1, page 17 (after line 30), after item 18, insert:

18A  After section 170A

Add:

170B  Publication of information on the Internet

W ithout limiting the operation of section 170A, the Secretary must publish on the Internet each week, in relation to the immediately preceding week, all matters which are permitted or required by this Act to be made available to the public.

[publication on the Internet]

(5)     Schedule 1, page 22 (after line 8), after item 29, insert:

29A  Section 318

Repeal the section, substitute:

318  Commonwealth compliance with plans

             (1)  The Commonwealth or a Commonwealth agency must not contravene a plan made by the Minister under section 316, or authorise any other person to contravene such a plan.

             (2)  Where a plan has not been made under section 316, the Commonwealth or a Commonwealth agency must take all reasonable steps to not act inconsistently with the Australian World Heritage management principles. 

[compliance with plans]

(6)     Schedule 1, item 31, page 25 (after line 25), after subsection 324F(1), insert:

          (1A)  If a person believes:

                     (a)  a place may have one or more National Heritage values; and

                     (b)  any of those heritage values are under threat,

the person may notify the Minister and ask the Minister to consider including the place and its National Heritage values on the National Heritage List.

[emergency listing - notification]

(7)     Schedule 1, item 31, page 24 (after line 31), after subsection 324E(3), insert:

          (3A)  After giving the Chair of the Australian Heritage Council a written request under subsection (2), the Minister must within 10 business days publish a brief description of the nomination on the Internet. In publishing the description, the Minister may have regard to section 324Q.

Note:          The description published on the Internet may not contain certain information kept confidential under section 324Q.

[publication on Internet]

(8)     Schedule 1, item 31, page 26 (line 11), omit “, within a reasonable time”.

[emergency listing]

(9)     Schedule 1, item 31, page 26 (lines 12 and 13), omit paragraph 324F(5)(a), substitute:

                     (a)  within 10 business days publish a copy or summary of the instrument published in the Gazette on the Internet and in any other place required under the regulations (if any); and

[emergency listing]

(10)   Schedule 1, item 31, page 26 (lines 19 and 20), omit paragraph 324F(5)(c), substitute:

                     (c)  if the place was nominated by a person, or a person notified the Minister under subsection (1A)—advise the person within 10 business days that the place has been included in the National Heritage List.

[emergency listing]

(11)   Schedule 1, item 31, page 26 (after line 20), at the end of section 324F, add:

             (6)  If the Minister decides not to include a place in the National Heritage List under this section, the Minister must:

                     (a)  within 10 business days publish on the Internet the reasons for the decision; and

                     (b)  if the place was nominated by a person, or a person notified the Minister under subsection (1A)—within 10 business days advise the person of the decision and give written reasons for the decision; and

                     (c)  give written reasons for the decision to anyone who asks for them.

[emergency listing]

(12)   Schedule 1, item 31, page 27 (lines 1 and 2), omit “However, the Minister may extend the period in paragraph (a) or (b).

[assessment period]

(13)   Schedule 1, item 31, page 27 (after line 2), after subsection 324G(2), insert:

          (2A)  If the Australian Heritage Council does not complete the assessment of a place against the National Heritage criteria within the period specified in paragraph (2)(a) or (b), the Minister may, by notice in writing, extend the period by up to 24 months if all reasonable efforts were made to complete the assessment within the relevant period. 

          (2B)  If the Australian Heritage Council does not complete the assessment of a place against the National Heritage criteria by the time specified in the notice provided under subsection (2A), the Minister may, by notice in writing, provide an extension of up to 24 months if all reasonable efforts were made to complete the assessment within the period specified in the notice. 

          (2C)  If the Minister extends the period for the completion of an assessment of a place against the National Heritage criteria under subsection (2A) or (2B), the Minister must within 10 business days:

                     (a)  publish a notice including the reasons for the extension on the Internet; and

                     (b)  if the place was nominated by a person, or a person notified the Minister under subsection 324F(1A)—provide copies of the notice and the reasons for the decision to the person. 

[assessments by Council]

(14)   Schedule 1, item 31, page 29 (after line 18), at the end of subsection 324J(3), add:

             ; and (c)  publish a copy of the instrument published in the Gazette and the reasons for the decision on the Internet.

[National Heritage List—publication of listing decision]

(15)   Schedule 1, item 31, page 29 (lines 21 and 22), omit “, within a reasonable time”.

[National Heritage List]

(16)   Schedule 1, item 31, page 29 (line 27), at the end of subsection 324J(4), add:

             ; and (c)  within 10 business days publish the decision and the reasons for the decision on the Internet.

[publication on Internet]

(17)   Schedule 1, item 31, page 29 (line 25), after “person” (second occurring), insert “within 10 business days”.

[reasons for decision]

(18)   Schedule 1, item 31, page 30 (line 35), omit “, within a reasonable time”.

[National Heritage List]

(19)   Schedule 1, item 31, page 30 (line 36) to page 31 (line 5), omit paragraphs 324J(7)(a) and (b), substitute:

                     (a)  within 10 business days publish a copy of the instrument published in the Gazette and the reasons for the decision on the Internet; and

                     (b)  within 10 business days give written reasons for the removal or alteration to each person identified by the Minister as an owner or occupier of all or part of the place; and

                     (c)  give written reasons for the removal or alteration to anyone else who asks the Minister for them; and

                     (d)  if the place was included in the List following a nomination of it—advise the person who made the nomination within 10 business days of the removal or alteration and give the person written reasons for it.

[publication of reasons for decisions]

(20)   Schedule 1, item 31, page 33 (lines 5 and 6), omit subsection 324L(6), substitute:

             (6)  The Minister must publish within 10 business days a copy of the instrument being published in the Gazette on the Internet and in any other place required under the regulations (if any).

[publication on Internet]

(21)   Schedule 1, item 31, page 33 (lines 7 and 8), omit the heading to section 324M, substitute:

324M  Minister must consider advice of the Australian Heritage Council and public comments

[new heading to section]

(22)   Schedule 1, item 31, page 33 (lines 9 to 14), omit subsection 324M(1), substitute:

             (1)  Before the Minister removes from the National Heritage List under section 324L all or part of a place or one or more of a place’s National Heritage values in a removal for loss of value, the Minister must:

                     (a)  give the Chair of the Australian Heritage Council a written request for the Council to give the Minister advice on the proposed removal; and

                     (b)  publish a notice on the Internet and in a daily newspaper circulating in each State and self-governing Territory in accordance with the regulations (if any):

                              (i)  describing the proposed removal; and

                             (ii)  inviting anyone to give the Minister comments within 20 business days on the proposed removal.

[advice on removals from National Heritage List]

(23)   Schedule 1, item 31, page 33 (lines 15 and 16), omit subsection 324M(2).

[advice from the Council]

(24)   Schedule 1, item 31, page 33 (lines 15 to 18), omit subsections 324M(2) and (3), substitute:

             (2)  In making a decision under section 324L to remove all or part of a place or one or more of a place’s National Heritage values, the Minister must consider:

                     (a)  any advice received from the Australian Heritage Council; and

                     (b)  any comments received in response to an invitation published by the Minister.

However, the Minister is not required to consider any advice or comments received after the period specified by the Minister under subsection (1).

[advice from the Council]

(25)   Schedule 1, item 31, page 38 (line 2), after “consider,”, insert “comments from the Australian Heritage Council, and”.

[Council comments]

(26)   Schedule 1, item 31, page 38 (lines 15 to 19), omit section 324U, substitute:

324U  Compliance with plans by the Commonwealth and Commonwealth agencies

             (1)  The Commonwealth or a Commonwealth agency must not contravene a plan made by the Minister under section 324S, or authorise any other person to contravene such a plan.

             (2)  Where a plan has not been made under section 324S, the Commonwealth or a Commonwealth agency must take all reasonable steps to not act inconsistently with the National Heritage management principles. 

[Commonwealth responsibilities]

(27)   Schedule 1, item 31, page 38 (lines 27 to 32), omit section 324W, substitute:

324W  Review of plans at least every 5 years

             (1)  At least once in every 5 year period after a plan for managing a National Heritage place is made under section 324S, the Minister must cause a review of the plan to be carried out.

             (2)  The review must:

                     (a)  assess whether the plan is consistent with the National Heritage management principles in force at the time; and

                     (b)  assess whether the plan is effective in protecting and conserving the National Heritage values of the place; and

                     (c)  make recommendations for the improved protection of the National Heritage values of the place.

             (3)  Before carrying out a review under subsection (1), the Minister must cause a notice to be published on the Internet and in a daily newspaper circulating in each State and self-governing Territory, inviting anyone to give the Minister comments within 20 business days on the effectiveness of the plan in protecting and conserving the National Heritage values of the place and whether the plan is consistent with the National Heritage management principles.

[review of plans]

(28)   Schedule 1, item 31, page 40 (line 26), omit “and assessment”, substitute “, assessment and monitoring”.

[requirement to monitor]

(29)   Schedule 1, item 31, page 41 (line 3), after 324ZA(1) insert:

          (1A)  Before a Commonwealth agency executes a contract under this section, the agency must give the Minister prior notification of the intended sale or lease 40 business days before the execution of the contract.

[protecting values of places sold or leased]

(30)   Schedule 1, item 31, page 43 (line 3), omit subparagaph 324ZC(2)(e), substitute:

                     (e)  all nominations, assessments and approvals under this Division during the period of review; and

                      (f)  compliance with this Act in relation to National Heritage places; and

                     (g)  any other matters that the Minister considers relevant.

[reviews and reports]

(31)   Schedule 1, page 43 (after line 3), after item 31, insert:

31A  Section 330

Repeal the section, substitute :

330  Commonwealth compliance with plans

             (1)  The Commonwealth or a Commonwealth agency must not contravene a plan made by the Minister under section 328, or authorise any other person to contravene such a plan.

             (2)  Where there is no plan under section 328, the Commonwealth or a Commonwealth agency must take all reasonable steps to not act inconsistently with the Australian Ramsar management principles. 

[compliance with plans]

(32)   Schedule 1, item 32, page 45 (after line 21), after subsection 341E(3), insert:

          (3A)  After giving the Chair of the Australian Heritage Council a written request under subsection (2), the Minister must within 10 business days publish a brief description of the nomination on the Internet. In publishing the description, the Minister may have regard to section 341Q.

Note:          The description published on the Internet may not contain certain information kept confidential under section 341Q.

[nominations to be published]

(33)   Schedule 1, item 32, page 46 (after line 18), after subsection 341F(1), insert:

          (1A)  If a person believes:

                     (a)  a place may have one or more Commonwealth Heritage values; and

                     (d)  any of those heritage values are under threat;

the person may notify the Minister and ask the Minister to consider including the place and its Commonwealth Heritage values on the Commonwealth Heritage List.

[emergency listing]

(34)   Schedule 1, item 32, page 47 (line 2), omit “, within a reasonable time”.

[emergency listing]

(35)   Schedule 1, item 32, page 47 (lines 3 and 4), omit paragraph 341F(5)(a), substitute:

                     (a)  within 10 business days publish a copy or summary of the instrument published in the Gazette on the Internet and in any other place required under the regulations (if any); and

[emergency listing]

(36)   Schedule 1, item 32, page 47 (line 10), omit paragraph 341F(5)(c), substitute:

                     (c)  if the place was nominated by a person, or a person notified the Minister under subsection (1A), advise the person within 10 business days that the place has been included in the Commonwealth Heritage List .

[emergency listing]

(37)   Schedule 1, item 32, page 47 (after line 12), at the end of section 341F, add:

             (6)  If the Minister decides not to include a place in the Commonwealth Heritage List under this section, the Minister must:

                     (a)  within 10 business days publish on the Internet the reasons for the decision; and

                     (b)  if the place was nominated by a person, or a person notified the Minister under subsection (1A)—within 10 business days advise the person of the decision and give written reasons for the decision; and

                     (c)  give written reasons for the decision to anyone who asks for them.

[emergency listing]

(38)   Schedule 1, item 32, page 47 (lines 28 and 29), omit “However, the Minister may extend the period in paragraph (a) or (b)”.

[assessment period]

(39)   Schedule 1, item 32, page 47 (after line 29), after subsection 341G(2), insert:

          (2A)  If the Australian Heritage Council does not complete the assessment of a place against the Commonwealth Heritage criteria within the period specified in paragraph (2)(a) or (b), the Minister may, by notice in writing, extend the period by up to 24 months if all reasonable efforts were made to complete the assessment within the relevant period. 

          (2B)  If the Australian Heritage Council does not complete the assessment of a place against the Commonwealth Heritage criteria by the time specified in the notice provided under subsection (2A), the Minister may, by notice in writing, provide an extension of up to 24 months if all reasonable efforts were made to complete the assessment within the period specified in the notice. 

          (2C)  If the Minister extends the period for the completion of an assessment of a place against the Commonwealth Heritage criteria under subsection (2A) or (2B), the Minister must within 10 business days:

                     (a)  publish a notice including the reasons for the extension on the Internet; and

                     (b)  if the place was nominated by a person or a person notified the Minister under subsection 341F(1A)—provide copies of the notice to the person. 

[extension of periods]

(40)   Schedule 1, item 32, page 50 (after line 15), at the end of subsection 341J(3), add:

             ; and (c)  publish a copy of the instrument published in the Gazette and the reasons for the decision on the Internet.

[internet publication]

(41)   Schedule 1, item 32, page 50 (lines 18 and 19), omit “, within a reasonable time”.

[obligation on Minister]

(42)   Schedule 1, item 32, page 50 (line 22), after “person” (second occurring), insert “within 10 business days”.

[obligation to advise]

(43)   Schedule 1, item 32, page 50 (line 24), at the end of subsection 341J(4), add:

             ; and (c)  within 10 business days publish the decision and the reasons for the decision on the Internet.

[requirement to publish]

(44)   Schedule 1, item 32, page 51 (line 33), omit “, within a reasonable time”.

[obligation on Minister]

(45)   Schedule 1, item 32, page 51 (line 34) to page 52 (line 4), omit paragraphs 341J(7)(a) and (b), substitute:

                     (a)  within 10 business days publish a copy of the instrument published in the Gazette and the reasons for the decision on the Internet; and

                     (b)  within 10 business days give written reasons for the removal or alteration to each person identified by the Minister as an owner or occupier of all or part of the place; and

                     (c)  give written reasons for the removal or alteration to anyone else who asks the Minister for them; and

                     (d)  if the place was included on the List following a nomination made under section 341E, or a person notified the Minister under subsection 341F(1A)—advise the person who made the nomination, or who notified the Minister, within 10 business days, of the decision and give the person written reasons for the decision.

[removal of places]

(46)   Schedule 1, item 32, page 54 (lines 16 and 17), omit subsection 341L(7), substitute:

             (7)  The Minister must publish within 10 business days a copy of the instrument published in the Gazette on the Internet and in any other place required under the regulations (if any).

[requirement to publish]

(47)   Schedule 1, item 32, page 54 (lines 18 and 19), omit the heading to section 341M, substitute:

341M  Minister must consider advice of the Australian Heritage Council and public comments

[new section heading]

(48)   Schedule 1, item 32, page 54 (lines 20 to 25), omit subsection 341M(1), substitute:

             (1)  Before the Minister removes from the Commonwealth Heritage List under section 341L all or part of a place or one or more of a place’s Commonwealth Heritage values, the Minister must:

                     (a)  give the Chair of the Australian Heritage Council a written request for the Council to give the Minister advice on the proposed removal; and

                     (b)  publish a notice on the Internet and in a daily newspaper circulating in each State and self-governing Territory in accordance with the regulations (if any):

                              (i)  describing the proposed removal; and

                             (ii)  inviting anyone to give the Minister comments within 20 business days on the proposed removal.

[request for advice from the Council]

(49)   Schedule 1, item 32, page 54 (lines 26 and 27), omit subsection 341M(2).

[advice from the Council]

(50)   Schedule 1, item 32, page 54 (lines 26 and 29), omit subsections 341M(2) and (3), substitute:

             (2)  In making a decision under section 341L to remove all or part of a place or one or more of a place’s Commonwealth Heritage values, the Minister must consider:

                     (a)  any advice received from the Australian Heritage Council; and

                     (b)  any comments received in response to an invitation published by the Minister.

However, the Minister is not required to consider any advice or comments received after the period specified by the Minister under subsection (1).

[advice from the Council]

(51)   Schedule 1, item 32, page 59 (line 16), after “consider,”, insert “comments from the Australian Heritage Council, and”.

[requirement to ask advice]

(52)   Schedule 1, item 32, page 59 (after line 27), after subsection 341T(1), insert:

          (1A)  The Minister must decide within 60 business days of receipt of a plan under subsection (1) whether or not to endorse the plan.

          (1B)  Within 10 business days of making a decision under subsection (1A), the Minister must inform the agency in writing of the decision and publish on the Internet a notice of the decision. 

[endorsement of plans]

(53)   Schedule 1, item 32, page 60 (lines 13 to 17), omit section 341V, substitute:

41V  Compliance with plans by the Commonwealth and Commonwealth agencies

             (1)  The Commonwealth or a Commonwealth agency must not contravene a plan made under section 341S, or authorise any other person to contravene such a plan.

             (2)  Where there is no plan under section 341S, the Commonwealth or a Commonwealth agency must take all reasonable steps to not act inconsistently with the Commonwealth Heritage management principles. 

[Commonwealth responsibilities]

(54)   Schedule 1, item 32, page 60 (lines 25 to 32), omit section 341X(2), substitute:

341X  Review of plans at least every 5 years

             (1)  At least once in every 5 year period after a plan for managing a Commonwealth Heritage place is made under section 341S, the Commonwealth agency must cause a review of the plan to be carried out.

             (2)  The review must:

                     (a)  assess whether the plan is consistent with the Commonwealth Heritage management principles in force at the time; and

                     (b)  assess whether the plan is effective in protecting and conserving the Commonwealth Heritage values of the place.

             (3)  Before carrying out a review under subsection (1), the Commonwealth agency concerned must cause a notice to be published on the Internet and in a daily newspaper circulating in each State and self-governing Territory inviting anyone to give the Commonwealth agency comments within 20 business days on the effectiveness of the plan in protecting and conserving the Commonwealth Heritage values of the place and whether the plan is consistent with the Commonwealth Heritage management principles.

[review of plans]

(55)   Schedule 1, item 32, page 61 (line 17), omit “and assessment”, substitute “, assessment and monitoring”.

[obligation to monitor]

(56)   Schedule 1, item 32, page 61 (lines 20 to 26), omit subsection 341ZA(1), substitute:

             (1)  If a Commonwealth agency owns or controls a place, it must prepare a written heritage strategy and give a copy of the strategy to the Minister as soon as practicable and, in any case, within 2 years after the later of:

                     (a)  the time the agency first owns or controls a place; and

                     (b)  the commencement of this section.

Note:          The heritage strategy will apply to every place the agency owns or controls.

          (1A)  The principal objective of a heritage strategy is to outline a strategic approach for the Commonwealth agency to effectively manage places which it owns or controls for the long-term protection and conservation of their Commonwealth Heritage values.

          (1B)  Before making a heritage strategy, the Commonwealth agency must consult with the Australian Heritage Council and take into account any advice which it receives from the Council.

[heritage strategies]

(57)   Schedule 1, item 32, page 61 (line 28), at the end of subsection 341ZA(2), add:

                   A copy of the amended or new heritage strategy must be provided to the Minister within 20 business days of the date on which the strategy is amended or replaced.

[agency must give copies of strategies to the Minister]

(58)   Schedule 1, item 32, page 62 (after line 8), after subsection 341ZA(4), insert:

          (4A)  The Minister will advise the Commonwealth agency if the agency’s heritage strategy (including a replacement of an earlier strategy) or an amendment of the agency’s heritage strategy is consistent with the Commonwealth Heritage management principles. A heritage strategy or an amendment of a strategy must not be inconsistent with the Commonwealth Heritage management principles.

[Minister to endorse strategies]

(59)   Schedule 1, item 32, page 62 (after line 31), after subsection 341ZB(3), insert:

          (3A)  A Commonwealth agency must include, in its annual report, details of the implementation of its heritage strategy.

[strategies must be published]

(60)   Schedule 1, item 32, page 62 (after line 32), at the end of section 341ZB, add:

             (5)  Where the Minister receives a copy of a report under paragraph (1)(c) that indicates that a place owned or leased by a Commonwealth agency may have one or more Commonwealth Heritage values, the Minister may, in consultation with relevant Commonwealth Ministers, use the report as a basis for nominations to the Commonwealth Heritage List.

[places deemed to be nominated]

(61)   Schedule 1, item 32, page 63 (lines 1 to 8), omit section 341ZC, substitute:

341ZC  Minimising any impact on heritage values

                   A Commonwealth agency must not take an action that has, will have or is likely to have any impact on the heritage values of a National Heritage place or a Commonwealth Heritage place, unless:

                     (a)  there is no feasible and prudent alternative to taking the action; and

                     (b)  all measures that can reasonably be taken to mitigate the impact of the action on the heritage values of a National Heritage place or a Commonwealth Heritage place have been and will be taken. 

[minimising impact]

(62)   Schedule 1, item 32, page 63 (after line 34), after subsection 341ZE(1), insert:

          (1A)  If a Commonwealth agency proposes to sell or lease a Commonwealth area in the Australian jurisdiction that is or includes all or part of a Commonwealth Heritage place, the Commonwealth agency must notify the Minister of the intended transaction at least 40 business days before the contract for the sale or lease of the area is executed.

[protecting values of places sold or leased]

(63)   Schedule 1, item 32, page 66 (line 22), omit paragraph 341ZH(2)(e), substitute:

                     (e)  all nominations, assessments and approvals under this Division during the period of the review; and

                      (f)  compliance with this Act in relation to Commonwealth Heritage places; and

                     (g)  any other matters that the Council considers relevant.

[reviews and reports]

(64)   Schedule 1, item 33, page 66 (lines 25 to 31), omit paragraph (j), substitute:

                      (j)  if the reserve includes a National Heritage place:

                              (i)  be consistent with the National Heritage management principles; and

                             (ii)  address the matters prescribed under regulations made for the purposes of paragraph 324S(4)(a); and

                     (k)  if the reserve includes a Commonwealth Heritage place:

                              (i)  be consistent with the Commonwealth Heritage management principles; and

                             (ii)  address the matters prescribed under regulations made for the purposes of paragraph 341S(4)(a).

[content of management plans]

(65)   Schedule 1, item 46, page 68 (line 27), after paragraph (e), add:

Note:          Without limiting the generality of the definition, the heritage values of places outlined in the definition of environment includes places listed in the Register of the National Estate.

  [ definition of environment]