Document ID: chunk:federal_register_of_legislation:C2007C00084:clause:1_341ze
Version: federal_register_of_legislation:C2007C00084
Segment Type: clause
Provision Reference: sch 1 cl 341ZE
Character Range: 125918–128519

341ZE  Protecting Commonwealth Heritage values of places sold or leased

 (1) This section applies if a Commonwealth agency executes a contract for the sale or lease to someone else of a Commonwealth area in the Australian jurisdiction that is or includes all or part of a Commonwealth Heritage place. It does not matter whether the agency executes the contract for the Commonwealth or on its own behalf.

 (1A) The Commonwealth agency must give the Minister at least 40 business days' notice before executing the contract.

 (2) The Commonwealth agency must ensure that the contract includes a covenant the effect of which is to protect the Commonwealth Heritage values of the place, unless the agency is satisfied that:
 (a) having regard to other means of protecting those values, including such a covenant in the contract is unnecessary to protect them or is unreasonable; or
 (b) including such a covenant in the contract is impracticable.

 (3) The Commonwealth agency must inform the Minister before executing the contract if:
 (a) such a covenant:
 (i) would not, or could not be made to, bind the successors in title of the buyer or lessee; or
 (ii) could be insufficient to ensure the ongoing protection of the Commonwealth Heritage values of the place; or
 (b) the agency is satisfied as described in subsection (2).
The information must include written reasons why paragraph (a) applies or why the agency is satisfied as described in subsection (2).

 (4) If the Minister is informed of a matter in paragraph (3)(a) or that the Commonwealth agency is satisfied that it is unreasonable or impracticable to include such a covenant in the contract, the Minister must:
 (a) take all reasonable measures to enter into a conservation agreement with the prospective buyer or lessee for the protection and conservation of the Commonwealth Heritage values of the place; or
 (b) advise the agency about measures to ensure the ongoing protection of the Commonwealth Heritage values of the place.

 (5) If the Minister is informed that the Commonwealth agency is satisfied that it is unnecessary to include such a covenant in the contract, the Minister may advise the agency about measures to ensure the ongoing protection of the Commonwealth Heritage values of the place.

 (6) If the Minister advises the Commonwealth agency under this section about measures to ensure the ongoing protection of the Commonwealth Heritage values of the place, the agency must take all reasonable steps to ensure that the measures are taken.

Subdivision F—Advice for authorising actions in Indian Ocean Territories