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Conservation Legislation Amendment Act 1988

No. 7 of 1988

An Act to amend the World Heritage Properties Conservation Act 1983 and the Environment Protection (Impact of Proposals) Act 1974, and for related purposes

[Assented to 31 March 1988]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title
1. This Act may be cited as the Conservation Legislation Amendment Act 1988.

Commencement
2. This Act commences on the day on which it receives the Royal Assent.

PART II—AMENDMENT OF THE WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983

Principal Act
3. In this Part, "Principal Act" means the World Heritage Properties Conservation Act 19831.

Interpretation
4. Section 3 of the Principal Act is amended:
    (a) by inserting in subsection (1) the following definition:
       " 'inspector' means an inspector appointed under subsection 17a (1);";
    (b) by omitting subsection (2).

5. After section 3 of the Principal Act the following sections are inserted:

Identified property
"3a. (1) A reference in this Act to identified property is a reference to:
    (a) any property in respect of which one or more of the following conditions is satisfied:
        (i) the property is subject to an inquiry established by a law of the Commonwealth whose purpose, or one of whose purposes, is to consider whether the property forms part of the cultural heritage or natural heritage;
        (ii) the property is subject to World Heritage List nomination;
        (iii) the property is included in the World Heritage List provided for in paragraph 2 of Article 11 of the Convention;
        (iv) the property forms part of the cultural heritage or natural heritage and is declared by the regulations to form part of the cultural heritage or natural heritage; or
    (b) any part of property referred to in paragraph (a).
"(2) For the purposes of subparagraph (1) (a) (i), property shall be taken to be subject to an inquiry of the kind referred to in that subparagraph until the end of 42 days after the report, or the final report, of the inquiry is given to the person to whom it is required to be given.
"(3) For the purposes of subparagraph (1) (a) (ii), where the Commonwealth has, under Article 11 of the Convention, submitted property to the World Heritage Committee, whether before or after the commencement of this Act, as suitable for inclusion in the World Heritage List provided for in paragraph 2 of that Article, the property shall be taken to be subject to World Heritage List nomination from the time of its submission until the end of 7 days after the day on which the Committee informs, or first informs, Australia that it