Environment Protection and Biodiversity Conservation Act 1999

Within 12 months after the inclusion of a place in the National Heritage List under section 324JL, the Minister must, by instrument published in the Gazette, subject to subsections (2) and (3):

do one of the following:

state that the place remains in the National Heritage List with its boundary unaltered;

alter the boundary of the place described in the National Heritage List (whether or not the alteration results in an overall increase or decrease in the extent of the place included in the List);

remove from the National Heritage List the place and its National Heritage values; and

if the place is not removed from the National Heritage List under subparagraph (a)(iii)—do all or any of the following:

state that specified National Heritage values included in the List under section 324JL for the place remain in the List for the place;

include in the List for the place specified National Heritage values of the place that were not included in the List under section 324JL for the place;

remove from the List for the place specified National Heritage values that were included in the List under section 324JL for the place.

The Minister must not take action under subsection (1) unless the Minister has received an assessment from the Australian Heritage Council under section 324JH in relation to the place.

The Minister must not take action under subsection (1) that results in the place remaining in the National Heritage List (whether or not with the same or a different boundary) unless the Minister is satisfied that the place has one or more National Heritage values.

If the Minister does not take action under subsection (1) within the period referred to in that subsection, the place, and its listed National Heritage values, are automatically removed from the National Heritage List, by force of this subsection, at the end of that period.

This subsection applies even if the Minister is prevented from taking action under subsection (1) because of subsection (2).

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

the Minister must have regard to:

the Australian Heritage Council’s assessment whether the 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.

Section 324L does not apply to:

an alteration of the boundary of the place, under subparagraph (1)(a)(ii) of this section, that has the effect of removing part of the place from the National Heritage List; or

the removal of the place and its National Heritage values under subparagraph (1)(a)(iii) of this section; or

the removal of a National Heritage value of the place under subparagraph (1)(b)(iii) of this section.

The Minister must publish a copy or summary of the instrument referred to in subsection (1). The regulations may specify how the publication is to be made. Subject to any such regulations, the publication must be made in a way that the Minister considers appropriate.

If, under subsection (1), the Minister removes from the National Heritage List the place or a National Heritage value of the place, or alters the boundary of the place described in the List, the Minister must, within 10 business days after the removal or alteration:

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

advise each person identified by the Minister as an owner or occupier of all or part of the place of the removal or alteration.

For the obligation to identify owners or occupiers, see subsection 324JL(3).

If, under subsection (4), the place, and its listed National Heritage values, are removed from the National Heritage List, the Minister must, within 10 business days after the removal:

publish notice of the removal on the internet; and

advise each person identified by the Minister as an owner or occupier of all or part of the place of the removal.

For the obligation to identify owners or occupiers, see subsection 324JL(3).

If the Minister is satisfied that there are likely to be at least 50 persons referred to in paragraph (8)(b) or (9)(b), the Minister may satisfy the requirements of that paragraph 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 place is located;

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

displays in public buildings at or near the place.