Document ID: chunk:federal_register_of_legislation:F2024L00408:front:0:p204
Version: federal_register_of_legislation:F2024L00408
Segment Type: other
Provision Reference: 
Character Range: 647524–650497

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 significant impact on the National Heritage values of a listed place.

       The Minister is to ensure that there are approved management plans for most listed places owned or controlled by the Commonwealth or a Commonwealth agency, and that Commonwealths actions are in accord with such plans.

       The Commonwealth or its agencies cannot sell or lease a listed place unless the protection of its National Heritage values is specified in a covenant, or such an action is found to be unnecessary, unreasonable or impractical. All Commonwealth agencies which own or control places which have or may have National Heritage values, must take all reasonable steps to assist the Minister and Australian Heritage Council to identify and assess those values.

       The Commonwealth Heritage List

       The Commonwealth Heritage List is a schedule of places owned or controlled by the Commonwealth, which the Environment Minister considers to have 'Commonwealth Heritage Value'. The list may include places outside of Australia. The processes of nomination and assessment are similar to those for the National Heritage List. Like the National Heritage List, there is a provision for emergency listing.

       The Act places a range of obligations on the Commonwealth Agencies with regard to places included on the Commonwealth Heritage List. These include:

            * Development of a heritage strategy applicable to all listed places controlled by the agency;

            * Preparation of a management plan for each listed place;

            * Conduct of a program to identify Commonwealth Heritage values on lands controlled by the agency and maintaining a register of such values;

            * Ensuring that no action is taken which has, will have, or is likely to have an adverse impact on the National Heritage values of a National Heritage Place, or the Commonwealth Heritage values of a Commonwealth Heritage Place, unless there is no feasible or prudent alternative and all reasonable measures to mitigate impact have been taken; and

            * Including a covenant in any sale or lease contract for land which includes a Commonwealth Heritage place which stipulates the protection of the Commonwealth Heritage values of that place, unless such an action is found by the agency to be unnecessary, unreasonable or impractical.

       The Australian Heritage Council

       The Australian Heritage Council provides expert advice to the Minister on heritage issues and nominations for the listing of places on the National Heritage List and the Commonwealth Heritage List. The Council replaces the former Australian Heritage Commission.

       The Register of the National Estate

       The register of the National Estate