Environment Protection and Biodiversity Conservation Act 1999

The Minister may, by instrument published in the Gazette, do any of the following in relation to a National Heritage place:

add one or more National Heritage values to the entry for the place in the National Heritage List;

amend the National Heritage values included in the List for the place.

The Minister may do so only if the Minister is satisfied that:

it is appropriate to do so; and

after the instrument is made, the place will continue to meet one or more National Heritage criteria.

The Minister must first obtain and consider the advice of the Australian Heritage Council (see section 324M).

If the Minister makes an instrument under this section, the Minister must, as soon as practicable, publish the Minister’s reasons for doing so on the Department’s website.

Subsections 324JJ(6) and (7) apply if the Minister makes an instrument under this section, as if:

references in those subsections to the Minister including the assessed place or a part of it were references to the Minister making a change under subsection (1) in relation to the place; and

the reference in paragraph 324JJ(6)(b) to a person who responded to a notice under subsection 324J(1) were a reference to a person who responded to a notice under paragraph 324M(1)(b) (invitation to the public) in relation to the amended National Heritage values of the place.

An instrument made under subsection (1) is not a legislative instrument.