Environment Protection and Biodiversity Conservation Act 1999

The Minister must remove all or part of a place from the Commonwealth Heritage List as soon as practicable after the Minister becomes aware that:

the place or part is no longer in a Commonwealth area; or

the place or part is no longer owned or leased by the Commonwealth or a Commonwealth agency, if the place or part is outside the Australian jurisdiction.

The Minister may remove all or part of a place from the Commonwealth Heritage List only if the Minister is satisfied that:

ignoring subsection 341D(2), the place no longer has any Commonwealth Heritage values or the part no longer contributes to any of the Commonwealth Heritage values of the place; or

it is necessary in the interests of Australia’s defence or security to do so.

A place or part of a place may also be removed from the Commonwealth Heritage List under subsection 341JP(1).

The Minister may remove one or more Commonwealth Heritage values included in the Commonwealth Heritage List for a Commonwealth Heritage place only if the Minister is satisfied that:

ignoring subsection 341D(2), the place no longer has the Commonwealth Heritage value or values; or

it is necessary in the interests of Australia’s defence or security to do so.

The Minister may remove all or part of a place, or a Commonwealth Heritage value of a place, only by an instrument including a statement of the reasons for the removal.

The Minister must first obtain and consider the advice of the Australian Heritage Council (see section 341M).

For requirements relating to the instrument under the Legislation Act 2003, see subsections (6) and (7) of this section.

The instrument must deal with only one of the following kinds of removal:

removal (removal for loss of value) of a place, part or Commonwealth Heritage value because of paragraph (2)(a) or (3)(a);

removal of a place, part or Commonwealth Heritage value because of subsection (1) or paragraph (2)(b) or (3)(b).

If the instrument deals only with removal for loss of value:

it is a legislative instrument; and

it takes effect on the first day it is no longer liable to be disallowed, or to be taken to have been disallowed, under section 42 of the Legislation Act 2003.

If subsection (6) does not apply to the instrument, it is a notifiable instrument.

Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.