Document ID: chunk:federal_register_of_legislation:F2021L01354:body:0:p102
Version: federal_register_of_legislation:F2021L01354
Segment Type: other
Provision Reference: 
Character Range: 290022–292905

marine species. Appendix H to this plan identifies species in the park that are listed as threatened under the EPBC Act and Northern Territory legislation, and Appendix I identifies migratory species that
   are listed under the EPBC Act and under international conventions, treaties and agreements at the time of preparing this plan.

   Heritage protection

   As noted above, the listed World Heritage, National Heritage and Commonwealth Heritage values of the park are protected under the EPBC Act.

   Sections 313 to 324 of the EPBC Act provide for the protection of World Heritage properties, including:

    •      that the primary purpose of management of natural heritage and cultural heritage of a declared world heritage property must be, in accordance with Australia's obligations under the World Heritage Convention, to identify, protect, conserve, present, transmit to future generations and, if appropriate, rehabilitate the world heritage values of the property;

    •      that at least one management plan should be prepared for each declared world heritage property;

    •      that the Commonwealth and each Commonwealth agency must take all reasonable steps to ensure it exercises its powers and performs its functions in relation to the property in a way that is not inconsistent with the World Heritage Convention, the Australian world heritage management principles; and if the property is on the World Heritage List and a plan for managing the property has been prepared as described in s.321—that plan; and

    •      that an action should not be approved if it would be inconsistent with the protection, conservation, presentation or transmission to future generations of the world heritage values of the property.

   In addition to the protection provided to the park by the EPBC Act as a World Heritage property, the park is listed on both the National Heritage List and the Commonwealth Heritage List under the EPBC Act. In terms of National and Commonwealth Heritage listed places, the EPBC Act heritage protection provisions (ss.324A to 324ZC and ss.341A to 341ZH) relevantly provide:
   •      for the establishment and maintenance of a National Heritage List and a Commonwealth Heritage List, criteria and values for inclusion of places in either list and management principles for places that are included in the two lists;

   •      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 either 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; and
   •      that Commonwealth agencies that own or control places must:

    –     make a written plan to protect and manage the Commonwealth Heritage values of each of its