Document ID: chunk:federal_register_of_legislation:F2021L00219:body:0:p50
Version: federal_register_of_legislation:F2021L00219
Segment Type: other
Provision Reference: 
Character Range: 144358–147481

and
           •      that Commonwealth agencies that own or control places must:
              1. prepare a written heritage strategy for managing those places to protect and conserve their Commonwealth Heritage values, addressing any matters required by the EPBC Regulations, and consistent with the Commonwealth Heritage management principles; and

             2. 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 strategies).

         Environmental impact assessment
         Actions that are likely to have a significant impact on matters of 'national environmental significance' are subject to the referral, assessment and approval provisions of Chapters 2 to 4 of the EPBC Act (irrespective of where the action is taken).

         At the time of preparing this plan, the matters of national environmental significance identified in the EPBC Act are:

           •      World Heritage properties
           •      National Heritage places
           •      Wetlands of international importance
           •      Listed threatened species and communities
           •      Listed migratory species
           •      Protection of the environment from nuclear actions
           •      Marine Environment
           •      Great Barrier Reef Marine Park
           •      Protection of water
         The referral, assessment and approval provisions also apply to actions on Commonwealth land that are likely to have a significant impact on the environment and actions
         taken outside Commonwealth land that are likely to have a significant impact on the environment on Commonwealth land. The park and botanic garden are Commonwealth land for the purposes of the EPBC Act.

         Responsibility for compliance with the assessment and approval provisions of the EPBC Act lies with persons taking relevant 'controlled' actions. A person proposing to take an action that the person thinks may be or is a controlled action should refer the proposal to the Minister for the Minister's decision whether or not the action is a controlled action. The Director of National Parks may also refer proposed actions to the Minister.

Norfolk Island legislation

         The park and botanic garden are also established under the Norfolk Island National Park and Norfolk Island Botanic Garden Act 1984 (NI), which operates subject to the EPBC Act. For the purposes of this Act, one or more persons may be appointed by the responsible Minister as Officers. In the past, the park manager has been appointed as an Officer, with the designation of Park Superintendent.

Planning process

         Management plans
         Section 366 of the EPBC Act requires the Director to prepare management plans for the park and the botanic garden. When prepared, a plan is given to the Minister for approval. A management plan is a 'legislative instrument' for the purposes of the Legislation Act 2003 and must be registered under that Act. Following registration the plan is