Document ID: chunk:federal_register_of_legislation:F2024L00408:front:0:p203
Version: federal_register_of_legislation:F2024L00408
Segment Type: other
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Character Range: 644696–647751

have a significant impact on the environment on Commonwealth land (s26(2)). Section 28, in general, requires that the Commonwealth (or its agencies) must gain approval (unless otherwise excluded from this provision), prior to conducting actions which has, will, or is likely to have a significant impact on the environment inside or outside the Australian jurisdiction.

       The Act adopts a broad definition of the environment that is inclusive of cultural heritage values. In particular, the 'environment' is defined to include the social, economic and cultural aspects of ecosystems, natural and physical resources, and the qualities and characteristics of locations; places and areas (s528).

       The Act allows for several means by which a controlled action can be assessed, including an accredited assessment process, a public environment report, an environmental impact statement, and a public inquiry (Part 8).

       1 The following information is provided as a guide only and is accurate to the best knowledge of Navin Officer Heritage Consultants. Readers are advised that this information is subject to confirmation from qualified legal opinion.

       Section 68 imposes an obligation on a proponent proposing to take an action that it considers to be a controlled action, to refer it to the Environment Minister for approval.

       World heritage values are defined to be inclusive of natural and cultural heritage (s12(3)), and a declared World Heritage Property is one included on the World Heritage List, or is declared to be such by the Minister (s13 and s14). The Act defines various procedures, objectives and Commonwealth obligations relating to the nomination and management of World Heritage Properties (Part 15, division 1).

          8.2  Environment and Heritage Legislation Amendment Act (No 1) 2003

          Australian Heritage Council Act 2003 and
          Australian Heritage Council (Consequential and Transitional Provisions) Act 2003

       These three Acts replace the previous Commonwealth heritage regime instigated by the Australian Heritage Commission Act 1975. The Acts establish the following provisions:

       The National Heritage List

       The National Heritage List is a schedule of places which the Minister for the Environment and Heritage considers to have 'National Heritage Value' based on prescribed 'National Heritage Criteria'. The List many include places outside of Australia if agreed to by the Country concerned. There is a public nomination process and provision for public consultation on nominations. Expert advice regarding nominations is provided to the Minister by the Australian Heritage Council.

       A nominated place considered to be at risk can be placed on an emergency list while its heritage value is assessed.

       The listing of a place is defined as a 'matter of national environmental significance' under the EPBC Act. As a consequence, the Minister must grant approval prior to the conduct of any proposed actions which will, or are likely to have, a