Document ID: chunk:federal_register_of_legislation:F2020L01339:front:0:p6
Version: federal_register_of_legislation:F2020L01339
Segment Type: other
Provision Reference: 
Character Range: 14046–16972

adversely on the Commonwealth Heritage values.

3.5. Environment Protection and Biodiversity Conservation Act 1999

All 'actions' on Trust land, undertaken by either the Harbour Trust or on behalf of the Harbour Trust, are controlled by the Environment Protection and Biodiversity Conservation (EPBC) Act, 1999, as amended.

Section 26 of the EPBC Act protects all aspects of the environment on Trust land from actions taken either on the Harbour Trust's land or on adjoining land that may have a significant impact on it, while Section 28 protects the environment from any actions of the Harbour Trust that may have a significant impact. The environment is defined to include:

(a) ecosystems and their constituent parts, including people and communities; and
(b) natural and physical resources; and
(c) the qualities and characteristics of locations, places and areas; and
(d) heritage values of places; and
(e) the social, economic and cultural aspects of the matters mentioned in (a), (b), (c) or (d) above.

Section 341S of the EPBC Act requires the Harbour Trust to prepare a management plan for Commonwealth Heritage Places. This Plan is prepared in accordance with this requirement.

3.6. Heritage Strategy

Section 341ZA of the EPBC Act requires the Harbour Trust to prepare a written heritage strategy for managing Commonwealth Heritage Places to conserve their heritage values. The Harbour Trust's heritage strategy was prepared in 2006 and amended in 2016.

The heritage strategy complements the Comprehensive Plan and describes how the Harbour Trust will protect and communicate the Commonwealth Heritage Values of its sites, integrate heritage management with its core business responsibilities, and monitor and report on the progress in the implementation of the strategy. It is available on the Harbour Trust's website: http://www.harbourtrust.gov.au/

3.7. Assessment of Actions

The Harbour Trust is the planning authority for actions on its lands and assesses actions in accordance with the SHFT Act, Comprehensive Plan and EPBC Act.

The Harbour Trust will consult with the community about significant proposals. In some exceptional circumstances, proposed actions that are considered to potentially have a significant impact on the environment or heritage values will also be referred to the Minister for the Environment for further assessment and approval under the EPBC Act.

Section 341ZC of the EPBC Act requires the Harbour Trust to have regard for the Commonwealth Heritage values of a place before it takes an action and to minimise the impact that the action might have on those values. The Commonwealth Heritage Values section of this Plan describes the values of the site.

3.8. State and Local Legislation

The Sydney Harbour Federation Trust Act, 2001 specifically excludes any land owned by the Harbour Trust from the operations of state planning law. This includes State Policies (SEPPs)