Document ID: chunk:federal_register_of_legislation:F2019L00148:reg:2017:p38
Version: federal_register_of_legislation:F2019L00148
Segment Type: reg
Provision Reference: reg 2017 (pt 38/81)
Character Range: 149402–152310

values of a National Heritage place or the Commonwealth Heritage values of a Commonwealth Heritage place, unless there is no feasible and prudent alternative to taking the action, and all measures that can reasonably be taken to mitigate the impact of the action on those values are taken;
     * the requirement to refer the Minister for the Environment and Energy for approval any actions that are likely to have a significant impact on a place with heritage significance;
     * the requirement to prepare a Heritage Strategy, including the identification of heritage places in the context of the Commonwealth Heritage List, and the development of management plans for listed places;
     * the possibility of entry of the place in the National Heritage List, and the various additional referral, reporting and management requirements attached to that status;  and
     * the requirement to manage listed places in accordance with the Commonwealth and National Heritage Management Principles.

These requirements are outlined in more detail below.

Referral and approvals of actions
The EPBC Act requires approval from the Minister for the Environment and Energy for all actions likely to have a significant impact on matters protected under Part 3 of the Act.  These include Commonwealth actions (section 28) and Commonwealth land (section 26).  Actions by the National Library of Australia may be Commonwealth actions and the National Library of Australia building is on Commonwealth land.

The Act provides that actions:
     * taken on Commonwealth land which are likely to have a significant impact on the environment will require the approval of the Minister for the Environment and Energy;
     * taken outside Commonwealth land which are likely to have a significant impact on the environment on Commonwealth land, will require the approval of the Minister;  and
     * taken by the Australian Government or its agencies which are likely to have a significant impact on the environment anywhere will require approval by the Minister.

The definition of 'environment' in the EPBC Act includes the cultural heritage values of places.  The definition of 'action' is also important.  Action includes:
     * a project;
     * a development;
     * an undertaking;
     * an activity or series of activities;  and
     * an alteration of any of the things mentioned above.

However, a decision by a government body to grant a governmental authorisation, however described, for another person to take an action is not an action in terms of the Act.  (Sections 523-4 of the EPBC Act)

Commonwealth Heritage Listing
The National Library of Australia is on the Commonwealth Heritage List.

Commonwealth Heritage places are protected under provisions of the EPBC Act.  In addition, all Commonwealth Government agencies that own or lease heritage places are required to assist the Minister and the Australian