Environment Protection and Biodiversity Conservation Act 1999

The Minister may, by instrument published in the Gazette, alter the boundary of a National Heritage place (the listed place) as described in the National Heritage List so as to add a place to the listed place, if the Minister is satisfied that the added place:

has been assessed for inclusion in the National Heritage List (either on its own or as part of a larger place); and

has one or more of the same National Heritage values as the listed place.

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 assessed place were references to the added 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 added place.

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