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1998-1999-2000
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
AUSTRALIAN HERITAGE COUNCIL (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) BILL 2000
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for the Environment and Heritage, Senator the Hon. Robert Hill)
AUSTRALIAN HERITAGE COUNCIL (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) BILL 2000
GENERAL OUTLINE
The objects of this Bill are to:
· repeal the Australian Heritage Commission Act 1975 and amend the Environment Protection and Biodiversity Conservation Act 1999; and
· provide for matters of a transitional nature arising out of the repeal of the Australian Heritage Commission Act 1975 , the associated amendment of the Environment Protection and Biodiversity Conservation Act 1999 and the commencement of the Australian Heritage Council Act 2000 .
The Bill consists of commencement provisions and two Schedules.
Schedule 1 repeals the Australian Heritage Commission Act 1975 , and subsection 9(3) of the Environment Protection and Biodiversity Conservation Act 1999.
Schedule 2 deals with transitional mechanisms concerned with business matters, such as the vesting of former Australian Heritage Commission assets and liabilities in the Commonwealth, tax exemptions, and final reporting requirements. It also provides for the making of regulations of a transitional nature.
FINANCIAL IMPACT STATEMENT
The Australian Heritage Council (Consequential and Transitional Provisions) Act 2000 will not have any significant financial impact on the Commonwealth.
REGULATION IMPACT STATEMENT
A regulation impact statement was included in the Explanatory Memorandum for the Environment and Heritage Legislation Amendment Bill (No.2) 2000. A statement is not necessary for this Bill as it does not set up any regulatory mechanism of its own.
AUSTRALIAN HERITAGE COUNCIL (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) BILL 2000
NOTES ON CLAUSES
Clause 1 - Short Title
1 This clause provides for the Act to be cited as the Australian Heritage Council (Consequential and Transitional Provisions) Act 2000.
Clause 2 - Commencement
2 This clause provides that the Act will commence at the same time as the Australian Heritage Council Act 2000 commences.
Clause 3 - Schedule(s)
3 This clause provides that, subject to the commencement provision in clause 2, any Act specified in a Schedule to this Act is amended or repealed as set out in the relevant Schedule. It also provides that any item in a Schedule has effect according to its terms.
SCHEDULE 1 - REPEALS AND AMENDMENTS
Australian Heritage Commission Act 1975
Item 1 - The whole of the Act
4 This item repeals the Australian Heritage Commission Act 1975.
Environment Protection and Biodiversity Conservation Act 1999
Item 2 - Subsection 9(3)
5 This item repeals subsection 9(3) of the Environment Protection and Biodiversity Conservation Act 1999 which specifies that the making of a decision, or the giving of an approval under that Act is not an action for the purposes of section 30 of the Australian Heritage Commission Act 1975 .
SCHEDULE 2 - TRANSITIONAL PROVISIONS
Item 1 - Meaning of Australian Heritage Commission
6 This item defines the Australian Heritage Commission for the purpose of the Schedule.
Item 2 - References to the Australian Heritage Commission
7 Sub-item 2(1) specifies that after this schedule commences, a reference in an instrument to the Australian Heritage Commission is taken as a reference to the Commonwealth. This item is necessary because bequests may arise in the future that were intended to vest all or part of an estate in the Commission. Sub-item 2(2) provides that this item does not modify any register kept by a land registration official under any State or Territory law.
Item 3 - Assets and liabilities of the Australian Heritage Commission
8 This item provides that any rights, property or assets that were vested in the Australian Heritage Commission immediately before the commencement of this Schedule are vested in the Commonwealth and that the Commonwealth becomes liable to pay and discharge any debts, liabilities or obligations of the Australian Heritage Commission that existed immediately before the commencement of this Schedule.
Item 4 - Registration of transfers of land
9 This item stipulates that any land vested in the Commonwealth, as specified in Item 3, that has been correctly registered and certified before the commencement of this Schedule may continue to be registered and dealt with in a manner giving effect to the certification.
Item 5 - Certificates concerning assets other than land
10 This item stipulates that any assets, other than land, vested in the Commonwealth as specified in Item 3 which have been correctly registered and certified before the commencement of this Schedule may continue to be registered and dealt with in a manner giving effect to the certification.
Item 6 - Land Acquisitions Act does not apply to this Schedule
11 This item specifies that the Land Acquisitions Act 1989 does not apply to anything done under this Schedule.
Item 7 - Exemption from stamp duty and other taxes
12 This item makes it clear that any State or Territory stamp duties or other taxes are not payable when an asset or liability is transferred under this Schedule from the Australian Heritage Commission to the Commonwealth, or anything is done in relation to such a transfer.
Item 8 - Pending proceedings
13 This item provides that if immediately before this Schedule commences the Australian Heritage Commission is a party to any pending court proceedings, the Commonwealth is substituted as the relevant party in place of the Australian Heritage Commission.
Item 9 - Final Report on operations of the Australian Heritage Commission
14 This item sets out the requirements for providing a final report on the activities of the Australian Heritage Commission.
Item 10 - Regulations
15 This item allows for regulations prescribing arrangements of a transitional nature that relate to the repeal of the Australian Heritage Commission Act 1975 to be made under this Act.