Environment Protection and Biodiversity Conservation Act 1999

After receiving from the Australian Heritage Council an assessment under section 324JH whether a place (the assessed place) meets any of the National Heritage criteria, the Minister must:

by instrument published in the Gazette, include in the National Heritage List:

the assessed place or a part of the assessed place; and

the National Heritage values of the assessed place, or that part of the assessed place, that are specified in the instrument; or

in writing, decide not to include the assessed place in the National Heritage List.

The Minister may include a place in the National Heritage List only if the Minister is satisfied that the place has one or more National Heritage values (see subsection 324C(2)).

Subject to subsection (3), the Minister must comply with subsection (1) within 90 business days after the day on which the Minister receives the assessment.

The Minister may, in writing, extend or further extend the period for complying with subsection (1).

Particulars of an extension or further extension under subsection (3) must be published on the internet and in any other way required by the regulations.

For the purpose of deciding what action to take under subsection (1) in relation to the assessed place:

the Minister must have regard to:

the Australian Heritage Council’s assessment whether the assessed place meets any of the National Heritage criteria; and

the comments (if any), a copy of which were given to the Minister under subsection 324JH(1) with the assessment; and

the Minister may seek, and have regard to, information or advice from any source.

Despite section 324B, if the assessed place is made up of locations, areas, regions or other elements that are not contiguous, or not geographically proximate, the Minister may include the assessed place, or a part of the assessed place, in the National Heritage List only if the Minister is satisfied that each of the locations, areas, regions or other elements:

has been assessed for inclusion in the National Heritage List, whether together or separately; and

has one or more of the same National Heritage values as the other locations, areas, regions or elements that make up the place.

To avoid doubt, the Minister may comply with subsection (1) by taking action under section 324LB (expansion of National Heritage place) to add the assessed place, or a part of the assessed place, to an existing National Heritage place.

If the Minister includes the assessed place, or a part of the assessed place (the listed part of the assessed place), in the National Heritage List, he or she must, within a reasonable time:

take all practicable steps to:

identify each person who is an owner or occupier of all or part of the assessed place; and

advise each person identified that the assessed place, or the listed part of the assessed place, has been included in the National Heritage List; and

if the assessed place:

was nominated; or

was included in a place that was nominated; or

includes a place that was nominated;

publish a copy of the instrument referred to in paragraph (1)(a) on the internet; and

publish a copy or summary of that instrument in accordance with any other requirements specified in the regulations.

If the Minister is satisfied that there are likely to be at least 50 persons referred to in subparagraph (6)(a)(i), the Minister may satisfy the requirements of paragraph (6)(a) in relation to those persons by including the advice referred to in that paragraph in one or more of the following:

advertisements in a newspaper, or newspapers, circulating in the area in which the assessed place is located;

letters addressed to “The owner or occupier” and left at all the premises that are wholly or partly within the assessed place;

displays in public buildings at or near the assessed place.

If the Minister decides not to include the assessed place in the National Heritage List, the Minister must, within 10 business days after making the decision:

publish the decision on the internet; and

if the assessed place:

was nominated; or

was included in a place that was nominated; or

includes a place that was nominated;

Subsection (8) applies in a case where the Minister decides that none of the assessed place is to be included in the National Heritage List.