Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
(Circulated by authority of the Minister for the Environment
and Heritage,
The Hon. Dr David Kemp MP)
The objects of this Bill are to:
• establish the Australian Heritage Council;
• prescribe the functions of the Council in relation to the protection and conservation of heritage; and
• prescribe the composition of the Council and its requirements for meetings.
Establishment of the Council
The Bill prescribes the functions of the Council, which are to:
• assess nominations in relation to the listing of places on the National Heritage List and the Commonwealth Heritage List;
• advise the Minister on specified matters relating to heritage;
• promote the identification, assessment and conservation of heritage;
• keep the Register of the National Estate; and
• perform any other functions conferred on the Council by the Environment Protection and Biodiversity Conservation Act 1999.
Composition of the Council
The Council consists of the Chair, six members and up to two associate members at any one time. The Bill also sets the requirements for appointing and terminating Council members and sets out their terms and conditions of office.
Meetings of the Council
The Bill sets out requirements for the holding of Council meetings. It also includes requirements for dealing with disclosure of interests by Council members.
Register of the National Estate
The Bill sets out how the Australian Heritage Council must keep the Register of the National Estate. The Bill includes the listing criteria for the Register and outlines the consultation requirements for the Council when adding or removing places from the Register.
Acts replaced
This Bill is presented in conjunction with the
Environment and Heritage Legislation Amendment Bill (No.1) 2002. When passed by
Parliament, and the Acts have commenced operation, this legislation will replace
the Australian Heritage Commission Act 1975.
FINANCIAL IMPACT STATEMENT
The Australian Heritage Council Bill 2002 and the Environment and Heritage Legislation Amendment Bill (No.1) 2002 will not cost the Commonwealth more than the existing legislative arrangements being replaced.
REGULATION IMPACT STATEMENT
A Regulation Impact Statement (RIS) is included in the Explanatory Memorandum for the Environment and Heritage Legislation Amendment Bill (No.1) 2002. A separate RIS is not required for this Bill.
1 This clause provides for the Act to be cited as the Australian Heritage Council Act 2002.
2 This clause is about the commencement of the Act, and provides for sections 1-2 of the Act to commence on Royal Assent and sections 3 to 25 of the Act to commence at the same time as Schedule 1 to the Environment and Heritage Legislation Amendment Act (No. 1) 2002 commences.
3 Clause 3 defines the meaning within the Act of certain expressions. Other expressions have the meaning as set out in section 528 of the Environment Protection and Biodiversity Conservation Act 1999.
4 This clause establishes the Australian Heritage Council.
6 This clause provides that the Council consists of the Chair and six other members.
9 This clause prescribes that Council members are appointed on a part-time basis, for a specified period not exceeding three years for a member and one year for an associate member. This clause also prescribes that a member cannot be appointed for more than two consecutive periods.
12 This clause specifies that Council members will be paid remuneration and allowances entitlements as determined by the Remuneration Tribunal. If there is no determination by the Tribunal, the member is to be paid the remuneration prescribed.
17 This clause obliges the Council to keep the Register of the National
Estate.
18 Subclause (2) provides that the regulations may make
provisions for certain matters including the Council consulting or informing
specified persons about the entry or removal of a place in the Register, or the
content or form of the Register.
19 The Register will be an information
resource for the purposes of heritage
promotion and education. Furthermore,
the Minister for the Environment and Heritage will be required under a new
provision (Item 37 of the Environment and Heritage Legislation Amendment Bill
(No.1) 2002) to consider, where relevant, information in the Register when
making decisions on the impact of an action on the environment under the
Environment Protection and Biodiversity Conservation Act
1999.
Clause 22: Including places in the
Register
20 The Register as first kept will consist of all of the
places that were included in the Register of the National Estate immediately
before the commencement of this section.
21 The Council may only include
a place in the Register if it has a heritage value as defined in the Environment
and Heritage Legislation Amendment Bill (No.1) 2002. Before including the place
in the Register, the Council must attempt to advise the owners or occupiers of
the place, and each indigenous person who has rights or interests in the place,
and provide them with reasonable opportunity to comment.
22 The Council
must include a place in the Register, with the boundary and heritage values
specified by the Minister, if the Minister directs it to do so after conducting
a review under section 24.
Clause 23: Removing places etc. from the
Register
23 The Council may only remove a place or part of a place
from the Register if the place or part of the place no longer meets the
registration criterion. The Council may only remove a value if the place no
longer has that value.
24 The Council must attempt to advise each person
who is an owner or occupier of the place, and each indigenous person who has
rights or interests in the place, before it removes a place, part of a place or
lost value from the Register. The Council must give these persons a reasonable
opportunity to comment in writing.
25 The Council must remove a place,
part of a place or lost value from the Register if the Minister directs it to do
so after conducting a review under section 24.
Clause 24: Review of
Council’s decisions about the Register
26 A person may request
that the Minister review a decision by the Council in relation to entries and
removals from the Register. The Minister, in reviewing the decision, may only
consider whether a place meets or does not meet the registration criterion.
27 The Minister must, in writing, either confirm the Council’s
decision or direct the Council to enter or remove the place from the Register.