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

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2002 - 2003

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

SENATE

 

 

 

 

 

ENVIRONMENT AND HERITAGE LEGISLATION AMENDMENT BILL (NO.1)

2002

 

 

 

 

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

Amendments to be Moved on Behalf of the Government

 

 

 

 

 

 

 

(Circulated by authority of the Minister for the Environment and Heritage,

The Hon. Dr David Kemp MP)

 

 



ENVIRONMENT AND HERITAGE LEGISLATION AMENDMENT BILL (NO.1) 2002

 

OUTLINE

 

The Environment and Heritage Amendment Bill (No.1) 2002, as introduced into the House of Representatives, amends the Environment Protection and Biodiversity Conservation Act 1999 to identify, conserve and protect places of national heritage significance and to provide for the identification and management of Commonwealth heritage places.

 

The Government amendments to the Bill will:

 

·          clarify the application of the approval and offence provisions relating to National Heritage and Commonwealth Heritage places that are outside the Australian jurisdiction;

·          clarify that a National Heritage criterion prescribed by the Regulations may relate to one or more of the natural, indigenous, historic or other heritage values of a place;

·          clarify that places that are wholly or partly outside the Australian jurisdiction cannot be included in the National Heritage List by way of the emergency listing process;

·          clarify that the Australian Heritage Council’s ability to assess on its own initiative whether a place meets any of the National Heritage criteria does not extend to places outside the Australian jurisdiction;

·          ensure that, when it is proposed that a place that is wholly or partly in a foreign country be included in the National Heritage List, the agreement of the relevant foreign country and the Minister responsible for foreign affairs is given prior to listing, and the necessary notifications are made to relevant government Ministers and opportunities are given for comment;

·          clarify that a Commonwealth Heritage criterion prescribed by the Regulations may relate to one or more of the natural, indigenous, historic or other heritage values of a place.

 

 

 

 

 

 

 

 

 

 

 

Financial impact statement

 

The amendments will have no financial impact.



NOTES ON ITEMS

Item 1

This item amends item 8 of Schedule 1 to the Bill by inserting a note clarifying that the application of Subdivision AA of Division 1 of Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 and Subdivision AA of Division 2 of that Part which relates to National Heritage and Commonwealth Heritage places. The note indicates that so far as those Subdivisions have effect in relation to places and actions outside the Australian jurisdiction, they will only apply to persons with a jurisdictional connection with Australia as outlined in subsection 5(3) of the Environment Protection and Biodiversity Conservation Act 1999 .

 

Item 2

This item amends item 31 of Schedule 1 to the Bill by omitting the proposed subsection 324D(3) and substituting proposed new subsections 324D(3) and (4) that provide that a National Heritage criterion prescribed by the regulations may relate to one or more of the natural, indigenous, historic or other heritage values of a place.

 

Item 3

This item amends item 31 of Schedule 1 to the Bill by inserting a proposed new subsection 324E(7A) requiring the Minister, when receiving a nomination for a place that is wholly or partly in a foreign country, to inform the Minister responsible for foreign affairs of the nomination and any other Minister who may have administrative responsibilities relating to the place. These notifications do not have to be made if the nomination is rejected under s.324E.

 

Item 4

This item amends item 31 of Schedule 1 to the Bill by inserting the words “wholly in the Australian jurisdiction” in the proposed subsection 324F(1). This will provide that places wholly or partly outside the Australian jurisdiction cannot be included in the National Heritage List by way of the emergency listing process set out in s.324F.

 

Item 5

This item amends item 31 of Schedule 1 to the Bill by inserting the words “wholly in the Australian jurisdiction” in the proposed subsection 324G(3). This will provide that the ability of the Australian Heritage Council to assess, on its own initiative, whether a place meets any of the National Heritage criteria, whether or not the place is the subject of a nomination, is limited to places that are wholly in the Australian jurisdiction.

 

Item 6

This item amends item 31 of Schedule 1 to the Bill by inserting a proposed new subsection 324G(6) requiring the Minister, when requesting the Australian Heritage Council to assess whether a place that is wholly or partly in a foreign country meets any of the National Heritage criteria, to inform the Minister responsible for foreign affairs of the Council’s assessment and any other Minister who may have administrative responsibilities relating to the place. These notifications do not have to be made if the place is the subject of a nomination.

 

Item 7

This item amends item 31 of Schedule 1 to the Bill by inserting a proposed new subsection 324J(2A) requiring that the Minister must not include a place that is wholly or partly in a foreign country in the National Heritage List unless satisfied that the national government of the foreign country has agreed to the inclusion of the place in the List so far as it is in the country and the Minister responsible for foreign affairs has agreed to the inclusion.

Before including the place in the List, the Minister must also inform any other Minister who may have administrative responsibilities relating to the place of the proposed inclusion, and give them a reasonable opportunity to comment in writing whether the place should be included in the List.

 

Item 8

This item amends item 31 of Schedule 1 to the Bill by inserting “in the Australian jurisdiction” in the proposed subsection 324J(3). This will provide that the Minister’s obligation to take all practicable steps to identify owners and occupiers of all or part of a place that is included in the National Heritage List, and to advise them of the inclusion, does not extend to owners or occupiers of all or part of a place that is outside the Australian jurisdiction.

 

Item 9

This item amends item 31 of Schedule 1 to the Bill by inserting a proposed new subsection 324J(5B) that provides that the Minister cannot alter the boundaries of a place included in the National Heritage List under the emergency listing provision so as to include within the altered boundary an area in a foreign country unless the Minister is satisfied that the national government of the foreign country has agreed to the inclusion of the place in the List including the area and the Minister responsible for foreign affairs has agreed to the inclusion.

Before altering the boundary to include an area in a foreign country the Minister must also inform any other Minister who may have administrative responsibilities relating to the place of the proposed alteration, and give them a reasonable opportunity to comment in writing whether the boundary should be altered in that way.

 

Item 10

This item amends item 32 of Schedule 1 to the Bill by omitting the proposed subsection 341D(3) and substituting proposed new subsections 341D(3) and (4) that provide that a Commonwealth Heritage criterion prescribed by the regulations may relate to one or more of the natural, indigenous, historic or other heritage values of a place.