Environment Protection and Biodiversity Conservation Act 1999

In relation to each place included in the finalised priority assessment list, the Australian Heritage Council must (by the time required by section 341JH):

make a written assessment whether the place meets any of the Commonwealth Heritage criteria; and

give to the Minister:

the written assessment (or a copy of it); and

a copy of the comments referred to in paragraphs (2)(a) and (b) (whether or not they have all been taken into account under subsection (2)).

In making an assessment in relation to a place, the Australian Heritage Council, subject to subsections (3) and (4):

must take into account the comments the Council receives in response to the notice under subsection 341JF(1) in relation to the place; and

may take into account the comments the Council receives in response to the opportunity referred to in paragraph (5)(c); and

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

The Australian Heritage Council is not required to take a comment referred to in paragraph (2)(a) into account if:

the Council does not receive the comment until after the cut‑off date specified in the notice under subsection 341JF(1) in relation to the place; or

the Council considers that regulations referred to in paragraph 341JF(4)(b) have not been complied with in relation to the comment.

In making an assessment, the Australian Heritage Council must not consider any matter that does not relate to the question whether the place meets any of the Commonwealth Heritage criteria.

If, in making an assessment, the Australian Heritage Council considers that a place within the Australian jurisdiction might have one or more Commonwealth Heritage values, the Council must:

take all practicable steps:

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

if the Council considers the place might have an indigenous heritage value—to identify each Indigenous person who has rights or interests in all or part of the place; and

take all practicable steps to advise each person identified that the Council is assessing whether the place meets any of the Commonwealth Heritage criteria; and

give persons advised at least 20 business days to comment in writing whether the place should be included in the Commonwealth Heritage List.

If the Australian Heritage Council is satisfied that there are likely to be at least 50 persons referred to in subparagraph (5)(a)(i), the Council may satisfy the requirements of subsection (5) in relation to those persons by including the information referred to in paragraphs (5)(b) and (c) 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.

If:

the Australian Heritage Council considers that the place might have an indigenous heritage value; and

there are Indigenous persons who:

have rights or interests in all or part of the place; and

are neither owners nor occupiers of all or part of the place; and

the Australian Heritage Council is satisfied that there is a body, or there are bodies, that can appropriately represent those Indigenous persons in relation to those rights and interests;