Document ID: chunk:federal_register_of_legislation:F2016L01891:body:0:p69
Version: federal_register_of_legislation:F2016L01891
Segment Type: other
Provision Reference: 
Character Range: 199008–202060

and Commonwealth Heritage
listed places, ecological communities, flora and fauna.

World Heritage is identified in the EPBC Act as a matter of 'National Environmental Significance' (NES).
NES matters include (among other items):

° World Heritage properties;

° National Heritage places;

. wetlands of international importance;

. nationally threatened species and ecological communities;
° Commonwealth marine areas; and

° listed migratory species.

On Norfolk Island the EPBC Act protects not only World and National Heritage values, but also the marine
environment, threatened species, ecological communities and migratory species. Commonwealth Heritage
Listed Places; that is, heritage places on land owned or controlled by the Australian Government (such as
the Kingston and Arthur's Vale Commonwealth Tenure Area, Quality Row) are also managed and
protected under the EPBC Act.

Actions that may have a significant impact on the OUV of a World Heritage property, or other NES
matters, may require approval from the Australian Government Minister for the Environment. Should a
proposed action have the potential for a significant impact on the KAVHA site, a referral to the Minister for
the Environment is required*. The Minister will determine whether or not a proposed action is deemed to
be a 'controlled action'. If the action is determined to be a controlled action, further environmental

assessment may be required. There is a range of assessment and documentation requirements that
depend on the scale and complexity of the proposed action (see 5.5 below).

4 Significant Impact Guidelines 1.1 Matters of National Environmental Significance.

Kingston and Arthur's Vale Historic Area—Heritage Management Plan, April 2016
Authorised Version F2016L01891 registered 09/12/2016

5.3.3. Protection of Movable Cultural Heritage Act 1986

The Protection of Movable Cultural Heritage Act 1986 (Cwlth) protects Australia's movable cultural
heritage and provides for the return of foreign cultural property which has been illegally exported from its
country of origin and imported into Australia.

5.4 Norfolk Island Legislation
5.4.1 The Planning Act 2002 (NI)

The Planning Act 2002 (NI) promotes the conservation of Norfolk Island's natural and cultural heritage,
and development approval processes. The Act requires that a Norfolk Island Plan is developed to promote
the Island's land use and development objectives, and identify environmental management standards. All
proposals for use or development must be considered in the context of the Norfolk Island Plan 2002 to
determine whether approval is required and whether the proposed use or development is permitted.

Applications for development within the KAVHA site are currently determined by the responsible federal
Minister or his or her delegate, based on advice from the Norfolk Island Planning and Environment Board.
Development applications must be publicly displayed for comment. The term 'development' includes the
'use of any land or the erection or use of any building or other