Document ID: chunk:federal_register_of_legislation:F2021C01223:front:0:p53
Version: federal_register_of_legislation:F2021C01223
Segment Type: other
Provision Reference: 
Character Range: 158636–161597

the RBA is obliged to ensure that it does not take any action that is likely to have an adverse impact on the identified Commonwealth heritage values of the Head Office building, unless:

                  there is no feasible or prudent alternative to taking that action; and
                  all measures that can be reasonably taken to mitigate the impact of the action on those values are taken.

The self-assessment process is summarised in Figure 49.  The Department provides advice on self-assessments in its document titled Actions on, or impacting upon, Commonwealth land, and actions by Commonwealth agencies: Significant impact guidelines 1.2[42].

Figure 49 - Diagram summarising the self-assessment process.  Source: Department of the Environment and Energy, https://www.environment.gov.au

6.2.7            Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cwlth)
The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 protects areas and/or objects which are of significance to Aboriginal people and which are under threat of destruction. The Act can, in certain circumstances override state and territory provisions, or it can be implemented in circumstances where state or territory provisions are lacking or are not enforced. A significant area or object is defined as one that is of particular importance to Aboriginal people according to Aboriginal tradition. The Act must be invoked by or on behalf of an Aboriginal or Torres Strait Islander or organisation.

The Act is not relevant to this study as there are no identified Aboriginal heritage values associated with the site of the Reserve Bank of Australia Head Office building.

6.3                Heritage Protection in New South Wales

6.3.1            Heritage Act 1977
The Heritage Act 1977 provides for the protection of heritage items identified as being of State heritage significance.  These items are listed on the NSW State Heritage Register (SHR) as required under s31 of the Heritage Act 1977.

The Heritage Council of NSW, or its delegated authority, is the consent authority for applications to alter items listed on the NSW SHR, made under Section 60 of the Heritage Act 1977.

The Reserve Bank of Australia Head Office, located at 65 Martin Place Sydney, is not included on the State Heritage Register.

6.3.2            Environmental Planning and Assessment Act 1979
The City of Sydney Council is the consent authority for applications to alter items listed on Heritage Obligations under the Sydney Local Environmental Plan 2012 (LEP).  The LEP provides the statutory basis for the conservation and control of development and other activities that may affect the heritage value of a place.

The Reserve Bank is identified as a heritage item on Schedule 5 attached to Sydney Local Environmental Plan 2012 and is protected under the Environmental Planning and Assessment Act 1979.  The Reserve Bank of Australia Head Office building