Document ID: chunk:federal_register_of_legislation:F2022L00636:body:0:p24
Version: federal_register_of_legislation:F2022L00636
Segment Type: other
Provision Reference: 
Character Range: 64763–67720

an attractive park landscape with a well-balanced integration of spaces and form; interest from the vegetation details of the variety of native species; contrasts of small and large plants, waterform, rockform and colour; vistas of major Canberra features including Parliament House; and many attractive views across Lake Burley Griffin (Criterion E).
    * The ANBG demonstrates a high degree of technical achievement with its living collection linked to the herbarium collection. It also demonstrates design excellence in construction of certain garden features, in particular the Rainforest Gully, which represents a geographic transect up the east coast of Australia, and the rockery area with its carefully contrived combination of rocks, pools and running water. The ANBG is innovative in being the first public garden composed essentially of Australian native plants with some related species (Criterion F).
The ANBG's Commonwealth Heritage values are set out in Appendix B.
In relation to Commonwealth Heritage listed places, the EPBC Act heritage protection provisions (ss 341A to 341ZH) relevantly provide:
    * for the establishment and maintenance of a Commonwealth Heritage List, criteria and values for inclusion of places in the list and management principles for places that are included in the list (ss 341C, 341D and 341Y)
    * that Commonwealth agencies must not take an action that is likely to have an adverse impact on the heritage values of a place included in the Commonwealth Heritage List unless there is no feasible and prudent alternative to taking the action, and all measures that can reasonably be taken to mitigate the impact of the action on those values are taken (s 341ZC)
    * that each Commonwealth agency that owns or controls Commonwealth Heritage listed places must:
        make a written plan to protect and manage the Commonwealth Heritage values of each of its Commonwealth Heritage places (s 341S)

        prepare a written heritage strategy for managing those places to protect and conserve their Commonwealth Heritage values. The strategy must address any matters required by the EPBC Regulations, and not be inconsistent with the Commonwealth Heritage management principles (s 341ZA)
        identify Commonwealth Heritage values for each place, and produce a register that sets out the Commonwealth Heritage values (if any) for each place (and do so within the time frame set out in their heritage statements) (s 341ZB).

The prescriptions in this management plan are consistent with Commonwealth Heritage management principles and other relevant obligations under the EPBC Act for protecting and conserving the heritage values for which the ANBG was declared.
The ANBG is declared National Land under the Australian Capital Territory (Planning and Land Management) Act 1988 and developments in the ANBG require approval from the National Capital Authority.

Penalties
Civil and criminal penalties may