Document ID: chunk:federal_register_of_legislation:F2019L00148:reg:2017:p37
Version: federal_register_of_legislation:F2019L00148
Segment Type: reg
Provision Reference: reg 2017 (pt 37/81)
Character Range: 146550–149650

progressively higher standards of work health and safety;  and
                                                                           * maintaining and strengthening the national harmonisation of laws relating to work health and safety and to facilitate a consistent national approach to work health and safety in this jurisdiction.

                                                                      This has implications for the National Library of Australia as it is related to National Library of Australia staff, contractors and visitors.

                                                                      The health and safety of other users of the National Library of Australia is also generally dealt with under the Building Code of Australia and the Commonwealth's common law duty of care to persons on its land or in its buildings.

The Library is owned by the Commonwealth, and is located in a Designated Area on National Land within the Central National Area, and as such its planning is controlled by the National Capital Authority.  The ACT Government has no planning authority over the place, and its Heritage Act 2005 does not apply.

The land vested in the National Library of Australia (Block 4, Section 27, Parkes) is limited to the footprint of its building and its podium, a small sealed service area at the LG2 level, an access road off King Edward Terrace, and small extensions to contain services venting to the west and north.

The National Capital Authority is both the planning and development control agency for works affecting the Library, and the manager of the immediately adjacent land surrounding the Library including the forecourt fountain and landscape.

The National Library of Australia undertakes appropriate consultation with the Department of the Environment and Energy in relation to its operations as they involve heritage issues.  The National Library of Australia Heritage Strategy includes strategies for the Library to satisfy its various legislative and liaison obligations.

Because the obligations under the Environment Protection and Biodiversity Conservation Act 1999 are central to the management of the heritage values of the National Library of Australia, they are outlined in more detail below.

Environment Protection and Biodiversity Conservation Act 1999

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is the primary legislation dealing with the Commonwealth's responsibilities for heritage places.  The Act has a number of elements that are relevant to the management of the National Library of Australia.  In summary, these include:
     * the entry of the National Library of Australia in the Commonwealth Heritage List;
     * the requirement to take no action that 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 and prudent alternative to taking the action, and all measures that can reasonably be taken to mitigate the impact