Document ID: chunk:federal_register_of_legislation:F2024N01162:schedule:1:p1
Version: federal_register_of_legislation:F2024N01162
Segment Type: schedule
Provision Reference: sch 1 (pt 1/2)
Character Range: 2249–5168

Schedule 1—Statement of Reasons for the removal of places from the Commonwealth Heritage List under section 341L 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 places from the Commonwealth Heritage List under subsection 341L(4) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act): the Naval Offices (Commonwealth Heritage place ID 105225), the Australian Maritime College (Commonwealth Heritage place ID 105663), the West Portal Cafeteria (Commonwealth Heritage place ID 105554) and the Malabar Headland (Commonwealth Heritage place ID 105605).

LEGISLATION

   1.        Paragraph 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.

   1.        Section 525 of the Act provides that a 'Commonwealth area', includes, among other things, land owned or leased by the Commonwealth or a Commonwealth agency.

   1.        A place or part of a place can be removed from the Commonwealth Heritage List by an instrument including a statement of reasons for the removal (subsection 341L(4)).

BACKGROUND

   1.        The Naval Offices was included in the Commonwealth Heritage List by Gazette Instrument on 15 July 2004.

   1.        The West Portal Cafeteria was included in the Commonwealth Heritage List by Gazette Instrument on 17 December 2020.

   1.        The Australian Maritime College was included in the Commonwealth Heritage List by Gazette Instrument on 15 July 2004.

   1.        The Malabar Headland was included in the Commonwealth Heritage List by Gazette Instrument on 15 July 2004.

   1.        At the time of inclusion in the Commonwealth Heritage List, each of the four places was in a Commonwealth area as defined by section 525 of the Act.

EVIDENCE AND MATERIAL BEFORE ME

   1.    I considered advice from the Department of Finance's letter dated 31 May 2011 which states that ownership of the Naval Offices was transferred to the Queensland Department of Public Works in 2011.

   1.    I considered advice from the Department of Finance. The advice stated that the West Portal Cafeteria (Commonwealth Heritage place ID 105554) was leased to Campbell Resi Con Ave Pty Ltd in 2022 for a period of 99 years under a Crown lease managed by the ACT government.

   1.    I considered the University of Tasmania's request in April 2023 for the removal of the Australian Maritime College from the Commonwealth Heritage List. I noted the Australian Maritime College was integrated with the University of Tasmania in 2007 by the Maritime Legislation Amendment Act 2007. Under this Act all land owned by Australian Military College was vested in