Document ID: chunk:federal_register_of_legislation:F2024L00408:front:0:p89
Version: federal_register_of_legislation:F2024L00408
Segment Type: other
Provision Reference: 
Character Range: 263643–266578

action which has, will have or is likely to have a significant impact on a matter protected by the EPBC Act must not be taken without approval. Matters protected under the EPBC Act include Matters of National Environmental Significance (MNES), which includes the National Heritage values of National Heritage places, and the environment in general, for actions happening on

 Commonwealth land or being undertaken by a Commonwealth agency; or the environment on Commonwealth land, for actions happening outside of Commonwealth land. Anyone taking an action which is likely to have a significant impact on these protected matters must refer the action to the Commonwealth Minister for the Environment for a decision on whether assessment and approval is required under the EPBC Act.

 The EPBC Act defines the 'environment' to include all heritage values of a place, whether listed or not listed. The EPBC Act therefore requires all actions that are likely to have a significant impact on all Indigenous, historic and natural heritage values at the Memorial, including National Heritage values which have been identified as an MNES, Commonwealth Heritage values, and other heritage values at the site, to obtain the necessary approvals under the Act. Commonwealth Heritage values are not an MNES but are part of the environment on Commonwealth land.

 Relevant sections of the EPBC Act include (not exclusively):

      * Section 15B related to actions with a significant impact on the National Heritage values of a National Heritage place.

      * Section 26 relates to actions on Commonwealth land with a significant impact on the environment.

      * Section 28 relates to actions undertaken by a Commonwealth agency (such as the Memorial) with a significant impact on the environment.

      * Section 341ZC requires the minimisation of adverse impacts to the heritage values of a National or Commonwealth Heritage place. This may be direct impacts from physical disturbance or could also include secondary impacts in the event of activities that would impact on the visual aspect, cultural importance, landscaping and curtilage of an adjacent listed property.

      Self-Assessment Process and Making a Referral

 A 'significant impact' is an impact which is important, notable, or of consequence, having regard to its context or intensity. Whether or not an action is likely to have a significant impact depends upon the sensitivity, value, and quality of the environment which is impacted, and upon the intensity, duration, magnitude and geographic extent of the impacts.2

 When proposing to take any action, the Memorial must consider whether it will have, or is likely to have, a significant impact on a protected matter and therefore requires referral. In accordance with the Significant Impact Guidelines 1.1 Matters of National Environmental Significance and Significant Impact Guidelines 1.2: Actions on, or impacting