Document ID: chunk:federal_register_of_legislation:F2024L00408:front:0:p88
Version: federal_register_of_legislation:F2024L00408
Segment Type: other
Provision Reference: 
Character Range: 260866–263886

legislation means that the function of the AWM as a heritage place and as an institution are clearly articulated in law. Any change to the use would therefore require amendment of this legislation. Amendments in the past have expanded the commemorative scope of the AWM, which originally encompassed only World War I, to include all conflicts and military service involving Australians.

   The heritage management needs of the AWM as a National and Commonwealth Heritage place are compatible with this Act. However, the requirement for continual expansion to encompass the exhibition of ongoing/future military conflicts provides a tension for the management of the place, for the conservation of its heritage values and display of the collection as the need for exhibition, conservation and storage space grows.

      5.2.2  Environment Protection and Biodiversity Conservation Act 1999 (Cth)

   As previously explained, the AWM is a Commonwealth owned and controlled place included in the NHL and the CHL and is therefore subject to the provisions of the EPBC Act and the Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations).

        Heritage Management Plans

   The EPBC Act requires Commonwealth agencies to make a plan to protect and manage the Commonwealth Heritage values of Commonwealth Heritage places it owns or controls. Additionally, the Minister for the Environment must make a plan to protect and manage the National Heritage values of each National Heritage place that is within a Commonwealth area, working with the relevant Commonwealth agency. Heritage management plans require places with Commonwealth and National Heritage values to be managed according to the established conservation principles of the EPBC Act. Schedules 5B and 7B of the EPBC Regulations set out seven Commonwealth and National Heritage management principles. They encourage the identification of a place's heritage values and their conservation and presentation through the application of the best available skills and knowledge. They also encourage community (including Indigenous community) involvement and cooperation between the various levels of government. In addition, the principles require management of National and Commonwealth Heritage places to respect all heritage values of the place, not only the listed National and Commonwealth Heritage values.

   This HMP has been prepared in accordance with the National and Commonwealth Heritage management principles, and with regard for matters to be addressed in Commonwealth and National HMPs as set out in Schedules 5A and 7A of the EPBC Regulations. The compliance of this HMP against Schedule 5A is provided at Appendix C.

        Undertaking an Action

   Under the EPBC Act, any action which has, will have or is likely to have a significant impact on a matter protected by the EPBC Act must not be taken without approval. Matters protected under the EPBC Act include Matters of National Environmental Significance (MNES),