Environment Protection and Biodiversity Conservation Act 1999

A Commonwealth agency must make a written plan to protect and manage the Commonwealth Heritage values of a Commonwealth Heritage place it owns or controls. The agency must do so within the period mentioned either:

at the time the agency starts owning or controlling the place, in the agency’s heritage strategy under section 341ZA; or

after that time, in the agency’s first such strategy.

However, a Commonwealth agency must not make plans for managing certain places (see section 341U).

The Commonwealth agency may, in writing, amend the plan or revoke and replace the plan.

A Commonwealth agency must give notice, in accordance with the regulations, if the agency:

makes a plan for a Commonwealth Heritage place; or

amends such a plan; or

revokes and replaces such a plan.

Subdivision E imposes other obligations on Commonwealth agencies.

A plan must:

address the matters prescribed by the regulations; and

not be inconsistent with the Commonwealth Heritage management principles (see Subdivision D).

If the Commonwealth Heritage management principles change so that a plan (the earlier plan) is inconsistent with them, the agency concerned must as soon as practicable make a written instrument:

amending the earlier plan to make it consistent with the principles; or

revoking and replacing the earlier plan.

Before making, amending or revoking and replacing a plan, the agency concerned must:

ask the Minister for advice on the proposed plan or amendment and must take account of any such advice received from the Minister; and

seek in accordance with the regulations, and consider, comments from anyone about the matters to be addressed by the proposed plan or amendment.

The Minister must consult with the Australian Heritage Council in preparing an advice for the purposes of this section.

A plan, an amendment of a plan, or a revocation and replacement of a plan, is a legislative instrument.