(vi) the environment, in respect of the impact of a nuclear action;
(vii) the environment in a Commonwealth marine area;
(viia) a water resource, in respect of the impact of an action involving unconventional gas development or large coal mining development;
(viii) the environment on Commonwealth land;
(b) controlling or prohibiting, in any place covered by the agreement, actions or processes that might adversely affect:
(i) the species, ecological communities, habitats or potential habitats covered by the agreement; or
(ii) the world heritage values of a declared World Heritage property; or
(iii) the National Heritage values of a National Heritage place; or
(iv) the Commonwealth Heritage values of a Commonwealth Heritage place; or
(v) the ecological character of a declared Ramsar wetland; or
(vi) the environment, in respect of the impact of a nuclear action; or
(vii) the environment in a Commonwealth marine area; or
(viia) a water resource, in respect of the impact of an action involving unconventional gas development or large coal mining development; or
(viii) the environment on Commonwealth land;
(c) requiring a person bound by the agreement not to obstruct access by a person authorised under the agreement to places covered by the agreement for the purpose of monitoring compliance with the agreement;
(d) requiring a person bound by the agreement to give such an authorised person information requested by the authorised person that is in the first‑mentioned person’s control and is relevant to compliance with the agreement;
(e) requiring the Commonwealth to provide financial, technical or other assistance to a person bound by the agreement;
(g) the commencement and duration of the agreement.
(2) Without limiting section 305 or subsection (1) of this section, a conservation agreement entered into with the owner of a place may provide, for example, for all or any of the following:
(a) requiring the owner to carry out specified activities, or to do specified things, that promote the conservation of all or any of the following:
(i) biodiversity;
(ii) the world heritage values of a declared World Heritage property;
(iii) the National Heritage values of a National Heritage place;
(iv) the Commonwealth Heritage values of a Commonwealth Heritage place;
(v) the ecological character of a declared Ramsar wetland;
(vi) the environment, in respect of the impact of a nuclear action;
(vii) the environment in a Commonwealth marine area;
(viia) a water resource, in respect of the impact of an action involving unconventional gas development or large coal mining development;
(viii) the environment on Commonwealth land;
(b) restricting the use of the place, or requiring the owner to refrain from, control or refuse to permit, actions or processes that may adversely affect:
(i) the species, ecological communities, habitats or potential habitats covered by the agreement; or
(ii) the world heritage values of a declared World Heritage property; or
(iii) the National Heritage values of a National Heritage place; or
(iv) the Commonwealth Heritage values of a Commonwealth Heritage place; or
(v) the ecological character of a declared Ramsar wetland; or
(vi) the environment, in respect of the impact of a nuclear action; or
(vii) the environment in a Commonwealth marine area; or
(viia) a water resource, in respect of the impact of an action involving unconventional gas development or large coal mining development; or
(viii) the environment on Commonwealth land;
(c) requiring the owner to permit access to the place by specified persons;
(d) requiring the owner to contribute towards costs incurred in implementing the agreement;
(e) specifying the manner in which any money paid to the owner under the agreement is to be applied by the owner;
(f) requiring the owner to repay to the Commonwealth any money paid to the owner under the agreement if the owner commits a specified breach of the agreement or in other specified circumstances;
(g) providing for any other matter relating to the conservation or enhancement of the place, including the preparation and implementation of a plan of management for the place.
306A Conservation agreement may include declaration that actions do not need approval under Part 9
(1) A conservation agreement may include a declaration to the effect that actions in a specified class do not need approval under Part 9 for the purposes of a specified provision of Part 3. The declaration may specify conditions relating to the taking of actions in the class.
(2) The Minister must not enter into a conservation agreement that contains a declaration under subsection (1) unless the Minister is satisfied that the actions to which the declaration relates are not likely to have a significant impact on the matter protected by the provision of Part 3 proposed to be specified in the declaration.
307 Conservation agreements to be legally binding
A conservation agreement is legally binding on:
(a) the Commonwealth; and
(b) the person or persons with whom the Minister entered into the agreement on behalf of the Commonwealth; and
(c) anyone else who is a successor to the whole or any part of any interest that a person mentioned in paragraph (b) had, when the agreement was entered into, in any place covered by the agreement.
307A Conservation agreements may deal with remediation or mitigation measures
When this section applies
(1) This section applies if the Minister considers that an action taken by a person after the commencement of this section contravened, or may have contravened, a provision of Part 3.
Conservation agreements may provide for measures to repair or mitigate damage
(2) The Minister may enter into a conservation agreement with the person that provides for the protection and conservation of a matter referred to in section 305 by providing for the taking of measures to repair or mitigate damage to the matter protected by the provision of Part 3 (whether or not the damage may or will be, or has been, caused by the action).
(3) The conservation agreement may state that specified provisions of the agreement, being provisions for the taking of measures as mentioned in subsection (2), are provisions that may be enforced in the Federal Court under this section. A provision of the agreement to which such a statement applies is a remediation provision.
(4) If the conservation agreement contains a statement as mentioned in subsection (3), that statement must specify the provision of Part 3 referred to in subsection (1).
Federal Court may order compliance with remediation provision
(5) If the Minister considers that the person has contravened a remediation provision, the Minister may apply to the Federal Court for an order under subsection (6).
(6) If the Federal Court is satisfied that the person has contravened a remediation provision, the Court may make one or more of the following orders:
(a) an order directing the person to comply with the remediation provision;
(b) any other order that the Court considers appropriate.
Civil penalty for contravention of remediation provision
(7) The person must not contravene a remediation provision.
(8) Subsection (7) is a civil penalty provision. Under section 481, the Federal Court may order the person to pay a pecuniary penalty not more than the pecuniary penalty the Court could order the person to pay under that section for a contravention of the provision of Part 3 referred to in subsection (1).
This section does not limit sections 305, 306 and 307
(9) This section does not limit anything in sections 305, 306 and 307.
308 Variation and termination of conservation agreements
(1) A conservation agreement may be varied by a variation agreement entered into by the Minister, on behalf of the Commonwealth, and the person or persons bound by the conservation agreement under paragraph 307(b) or (c).
(2) Sections 305 and 306 apply in relation to variation agreements in the same way as they apply in relation to conservation agreements.
(3) A conservation agreement may be terminated:
(a) by agreement between the Minister, on behalf of the Commonwealth, and the person or persons bound by the conservation agreement under paragraph 307(b) or (c); or
(b) in such other manner, or in such circumstances (if any), as the agreement specifies.
(4) If the Minister is satisfied that a conservation agreement is not capable of achieving its purpose, the Minister may, by order published in the Gazette, terminate the agreement or vary it in any way the Minister thinks necessary to ensure it becomes capable of achieving its purpose.
(5) The Minister may make an order under subsection (4) in relation to a conservation agreement without the agreement of the person or persons bound by the conservation agreement under paragraph 307(b) or (c).
(6) The Minister must cause a copy of an order to be laid before each House of the Parliament within the prescribed period after the publication of the order.
(7) If a conservation agreement is varied by an order, the person or persons bound by the conservation agreement under paragraph 307(b) or (c) may, by written notice given to the Minister, terminate the agreement.
(8) If a conservation agreement is terminated or varied by an order, the person or persons bound by the conservation agreement under paragraph 307(b) or (c) are not entitled to any compensation in respect of the termination or variation.
Note: See Parts 17 and 18 for remedies for breach of conservation agreements.
309 Publication of conservation agreements
(1) As soon as practicable after a conservation agreement has been entered into or varied, other than by an order under subsection 308(4), the Minister must:
(a) take reasonable steps to ensure that copies of the agreement or variation are available for purchase, for a reasonable price, at a prescribed place in each State and self‑governing Territory; and
(b) cause a notice of the agreement or variation to be published:
(i) in the Gazette; and
(ii) in any other way required by the regulations.
(2) The notice must:
(a) state that the agreement or variation has been entered into or made; and
(b) specify the places where copies of the agreement or variation may be purchased.
(3) Subsection (1) does not apply in relation to a conservation agreement, or a variation of such an agreement, or any part of such an agreement or variation, if the Minister is satisfied that disclosure of the agreement or variation, or the part of the agreement or variation, as the case may be, would result in harm being done to:
(a) components of biodiversity; or
(b) the world heritage values of a declared World Heritage property; or
(c) the National Heritage values of a National Heritage place; or
(d) the Commonwealth Heritage values of a Commonwealth Heritage place.
(4) Subsection (1) does not apply in relation to a conservation agreement, or a variation of such an agreement, or any part of such an agreement or variation, if the Minister is satisfied that disclosure of the agreement or variation, or the part of the agreement or variation, as the case may be, would disclose matters that the Minister is satisfied are commercial‑in‑confidence.
(5) The Minister must not be satisfied that matter is commercial‑in‑confidence unless a person demonstrates to the Minister that:
(a) release of information under subsection (1) about the matter would cause competitive detriment to the person; and
(b) the information is not in the public domain; and
(c) the information is not required to be disclosed under another law of the Commonwealth, a State or a Territory; and
(d) the information is not readily discoverable.
310 List of conservation agreements
The Minister must:
(a) maintain an up‑to‑date list of conservation agreements that are in force; and
(b) take reasonable steps to ensure that copies of the list are available for purchase, for a reasonable price, at a prescribed place in each State and self‑governing Territory.
311 Commonwealth, State and Territory laws
(1) A provision of a conservation agreement has no effect to the extent (if any) to which it is inconsistent with a law of the Commonwealth, or of a State or Territory.
(2) For the purposes of subsection (1), a provision of a conservation agreement is not taken to be inconsistent with a law of the Commonwealth, or of a State or Territory, if both the provision and the law are capable of being complied with.
312 Minister must not give preference
The Minister must not, in exercising powers on behalf of the Commonwealth under this Part, give preference to one State or any part thereof within the meaning of section 99 of the Constitution.
Part 15—Protected areas
Division 1—Managing World Heritage properties
Subdivision A—Simplified outline of this Division
313 Simplified outline of this Division
The following is a simplified outline of this Division:
The Commonwealth may submit a property for inclusion in the World Heritage List only after seeking the agreement of relevant States, self‑governing Territories and land‑holders.
The Minister must make plans for managing properties on the World Heritage List that are entirely in Commonwealth areas. The Commonwealth and Commonwealth agencies must not contravene such plans.
The Commonwealth must try to prepare and implement management plans for other properties on the World Heritage List, in co‑operation with the relevant States and self‑governing Territories.
The Commonwealth and Commonwealth agencies have duties relating to World Heritage properties in States and Territories.
The Commonwealth can provide assistance for the protection or conservation of declared World Heritage properties.
Note: Section 12 prohibits an action that has a significant impact on the world heritage values of a declared World Heritage property, unless the person taking the action has the approval of the Minister administering that section or certain other requirements are met.
Subdivision B—Seeking agreement on World Heritage listing
314 Special provisions relating to World Heritage nominations
(1) The Commonwealth may submit to the World Heritage Committee for inclusion in the World Heritage List a property containing an area owned or occupied by another person only if the Minister is satisfied that the Commonwealth has used its best endeavours to reach agreement with the other person on:
(a) the proposed submission of the property (so far as it relates to the area); and
(b) management arrangements for the property (so far as they relate to the area).
(2) The Commonwealth may submit to the World Heritage Committee for inclusion in the World Heritage List a property in a State or self‑governing Territory only if the Minister is satisfied that the Commonwealth has used its best endeavours to reach agreement with the State or Territory on:
(a) the proposed submission of the property; and
(b) management arrangements for the property.
(3) A failure to comply with this section does not affect the submission of a property to the World Heritage Committee for inclusion in the World Heritage List or the status of a property as a declared World Heritage property.
Subdivision C—Notice of submission of property for listing
315 Minister must give notice of submission of property for listing etc.
(1) The Minister must give notice in the Gazette and in the way (if any) prescribed by the regulations of any of the following events as soon as practicable after the event occurs:
(a) the Commonwealth submits a property to the World Heritage Committee for inclusion in the World Heritage List;
(b) the Commonwealth extends the boundaries of a property submitted to the World Heritage Committee for inclusion in the World Heritage List;
(c) the Commonwealth restricts the boundaries of a property submitted to the World Heritage Committee for inclusion in the World Heritage List;
(d) the Commonwealth withdraws the submission of a property for inclusion in the World Heritage List;
(e) a property submitted by the Commonwealth is included in the World Heritage List;
(f) all or part of a property is removed from the World Heritage List.
(2) The notice must specify the area included in, or excluded or deleted from, the submission or World Heritage List as a result of the event.
(3) A failure to comply with this section does not affect the status of an area as a declared World Heritage property.
Subdivision D—Plans for listed World Heritage properties in Commonwealth areas
316 Making plans
Minister must make plan
(1) The Minister must make a written plan for managing a property that is included in the World Heritage List and is entirely within one or more Commonwealth areas. The Minister must do so as soon as practicable after the property:
(a) is included in the World Heritage List; or
(b) becomes entirely within one or more Commonwealth areas.
Amending and replacing plan
(2) The Minister may make a written plan amending, or revoking and replacing, a plan made under subsection (1) or this subsection.
Requirements for plan
(3) A plan must not be inconsistent with:
(a) Australia’s obligations under the World Heritage Convention; or
(b) the Australian World Heritage management principles.
Note: Section 323 explains what Australian World Heritage management principles are.
Ensuring plans reflect current management principles
(4) If the Australian World Heritage management principles change so that a plan (the earlier plan) is inconsistent with them, the Minister must make another plan:
(a) amending the earlier plan so it is not inconsistent with them; or
(b) revoking and replacing the earlier plan.
Plan may be in same document as another plan
(5) To avoid doubt, a plan under this section for a property may be in the same document as:
(a) a plan under this section for another property; or