Document ID: chunk:federal_register_of_legislation:F2024L00408:front:0:p95
Version: federal_register_of_legislation:F2024L00408
Segment Type: other
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Character Range: 279812–282875

the obligations for the Memorial under the EPBC Act, seeking approval from the department responsible for the EPBC Act—which may be a referral under the EBPC Act—is advisable before lodging a formal Works Approval application with the NCA.

   To minimise potential conflicting issues arising late in a project's development or between consent authorities which may affect a proposal, early consultation with the NCA and the department responsible for the EPBC Act should occur concurrently. This may help to resolve potential issues before design and construction documentation becomes detailed and difficult to change. It will also assist in establishing the appropriate sequence of lodging an EPBC Act referral, if necessary, and the Works Approval application. Under the NCP, the Memorial is required to obtain works approval for:

        * all external works to the building or grounds; and

        * any works that change the landscape (eg earthworks, tree removal and replanting).8

   The NCA Works Approval process does not cover:

        * internal alterations; or

        * works that may have an impact on threatened species and communities. These must be addressed under both the EPBC Act and the Nature Conservation Act 2014 (ACT) and subsequent amendments.

   As part of this process, the NCA suggests that consultation be sought at an early stage of design development, before completing and lodging an application for Works Approval.

   Formal approval from the NCA is based on construction documentation and supporting information submitted with the Works Approval application form and fees. The required supporting information may range in complexity depending on the nature of the proposal. The NCA's information checklist is attached (refer to Appendix D); however, the requirements for individual projects should be confirmed with the NCA for each specific proposal and application.

      5.2.9  National Memorials Ordinance 1928 (ACT)

   The National Memorials Ordinance 1928 (ACT) provides for the location and character of national memorials and the naming of divisions, and public places in, the ACT. The Ordinance applies to National Land in the ACT—that is, land that is used by the Commonwealth. The Ordinance establishes the Canberra National Memorials Committee.9

   All works in Designated Areas, including any commemorative works, must be approved by the NCA.10 In planning for commemorative works, the NCA has produced 'Guidelines for Commemorative Works in the National Capital' which outline the significance of such works, the appropriate general locations within the Designated Areas and the approach to be taken in designing them. According to the NCA, the location of commemorative sites that honour military sacrifice, service and valour occur north of Lake Burley Griffin, including:

        * Anzac Parade—memorials that commemorate Australian Defence Force service in all wars or warlike operations;

        * the AWM—commemoration related to the service and sacrifice of Australians in war-like operations