(b) a plan that this Act or another law of the Commonwealth requires or permits to be prepared.
Commonwealth reserves
(6) Despite subsections (1) and (2), the Minister may not make a plan for so much of a property as is in a Commonwealth reserve.
Note: A management plan must be prepared under Division 4 for a Commonwealth reserve, taking account of Australia’s obligations under the World Heritage Convention.
317 Notice of plans
The Minister must give notice of the making of a plan under section 316, in accordance with the regulations.
318 Commonwealth compliance with plans
(1) The Commonwealth or a Commonwealth agency must not:
(a) contravene a plan made under section 316; or
(b) authorise another person to do, or omit to do, anything that, if it were done or omitted to be done by the Commonwealth or the Commonwealth agency (as appropriate), would contravene such a plan.
(2) If there is no plan in force under section 316 for a particular property described in subsection (1) of that section, the Commonwealth and each Commonwealth agency must take all reasonable steps to ensure that its acts (if any) relating to the property are not inconsistent with the Australian World Heritage management principles.
319 Review of plans every 5 years
(1) The Minister must cause a review of a plan made under section 316 to be carried out at least once in each period of 5 years after the plan is made.
(2) The review must consider whether the plan is consistent with the Australian World Heritage management principles in force at the time.
Note: Section 323 explains what Australian World Heritage management principles are.
Subdivision E—Managing World Heritage properties in States and self‑governing Territories
320 Application
This Subdivision applies in relation to a property that:
(a) is:
(i) in a State; or
(ii) in a self‑governing Territory; or
(iii) on, over or under the seabed vested in a State by the Coastal Waters (State Title) Act 1980 or in the Northern Territory by the Coastal Waters (Northern Territory Title) Act 1980; and
(b) is not entirely within one or more Commonwealth areas.
321 Co‑operating to prepare and implement plans
(1) This section applies in relation to a property that is included in the World Heritage List.
(2) The Commonwealth must use its best endeavours to ensure a plan for managing the property in a way that is not inconsistent with Australia’s obligations under the World Heritage Convention or the Australian World Heritage management principles is prepared and implemented in co‑operation with the State or Territory.
Note: The Commonwealth and the State or Territory could make a bilateral agreement adopting the plan and providing for its implementation.
(3) Subsection (2) does not apply in relation to so much of a property as is in the Great Barrier Reef Marine Park.
Note: A zoning plan must be prepared under the Great Barrier Reef Marine Park Act 1975 for areas that are part of the Great Barrier Reef Marine Park. In preparing a zoning plan, regard must be had to the Australian World Heritage management principles.
322 Commonwealth responsibilities
(1) This section applies in relation to a property that is a declared World Heritage property.
(2) The Commonwealth and each Commonwealth agency must take all reasonable steps to ensure it exercises its powers and performs its functions in relation to the property in a way that is not inconsistent with:
(a) the World Heritage Convention; and
(b) the Australian World Heritage management principles; and
(c) if the property is on the World Heritage List and a plan for managing the property has been prepared as described in section 321—that plan.
Subdivision F—Australian World Heritage management principles
323 Australian World Heritage management principles
(1) The regulations must prescribe principles for the management of natural heritage and cultural heritage. The principles prescribed are the Australian World Heritage management principles.
(2) Before the Governor‑General makes regulations prescribing principles, the Minister must be satisfied that the principles to be prescribed are consistent with Australia’s obligations under the World Heritage Convention.
(3) In this section:
cultural heritage has the meaning given by the World Heritage Convention.
natural heritage has the meaning given by the World Heritage Convention.
Subdivision G—Assistance for protecting World Heritage properties
324 Commonwealth assistance for protecting declared World Heritage properties
(1) The Commonwealth may give financial or other assistance for the protection or conservation of a declared World Heritage property to:
(a) a State or self‑governing Territory in which the property occurs; or
(b) any other person.
(2) The giving of assistance may be made subject to such conditions as the Minister thinks fit.
Division 1A—Managing National Heritage places
Subdivision A—Preliminary
324A Simplified outline of this Division
The following is a simplified outline of this Division:
The Minister may only include a place in the National Heritage List if the Minister is satisfied that the place has one or more National Heritage values.
The Minister must ask the Australian Heritage Council for an assessment of the place’s National Heritage values and may invite public comments on the proposed inclusion of the place in the National Heritage List.
The Minister must make plans to protect and manage the National Heritage values of National Heritage places. The Commonwealth and Commonwealth agencies must not contravene those plans.
The Commonwealth must try to prepare and implement plans for managing other National Heritage places, in co‑operation with the States and self‑governing Territories.
The Commonwealth and Commonwealth agencies have duties relating to National Heritage places in States and Territories.
The Commonwealth can provide assistance for the identification, promotion, protection or conservation of National Heritage places.
Note: Section 15B prohibits an action that has a significant impact on the National Heritage values of a National Heritage place, unless the person taking the action has the approval of the Minister or certain other requirements are met.
Subdivision B—The National Heritage List
324C The National Heritage List
(1) The Minister must keep a written record of places and their heritage values in accordance with this Subdivision and Subdivisions BA, BB and BC. The record is called the National Heritage List.
(2) A place may be included in the National Heritage List only if:
(a) the place is within the Australian jurisdiction; and
(b) the Minister is satisfied that the place has one or more National Heritage values (subject to the provisions in Subdivision BB about the emergency process).
(3) A place that is included in the National Heritage List is called a National Heritage place.
(4) The National Heritage List is not a legislative instrument.
324D Meaning of National Heritage values
(1) A place has a National Heritage value if and only if the place meets one of the criteria (the National Heritage criteria) prescribed by the regulations for the purposes of this section. The National Heritage value of the place is the place’s heritage value that causes the place to meet the criterion.
(2) The National Heritage values of a National Heritage place are the National Heritage values of the place included in the National Heritage List for the place.
(3) The regulations must prescribe criteria for the following:
(a) natural heritage values of places;
(b) indigenous heritage values of places;
(c) historic heritage values of places.
The regulations may prescribe criteria for other heritage values of places.
(4) To avoid doubt, a criterion prescribed by the regulations may relate to one or more of the following:
(a) natural heritage values of places;
(b) indigenous heritage values of places;
(c) historic heritage values of places;
(d) other heritage values of places.
Subdivision BA—Inclusion of places in the National Heritage List: usual process
324E Simplified outline
The following is a simplified outline of this Subdivision:
This Subdivision sets out the usual process for the inclusion of places in the National Heritage List.
The usual process involves an annual cycle that revolves around 12‑month periods known as assessment periods. The Minister determines the start of the first assessment period (see section 324G).
The usual process involves the following steps for each assessment period:
(a) the Minister may determine heritage themes (this step is optional) (see section 324H);
(b) the Minister invites people to nominate places for inclusion in the National Heritage List, and gives the nominations to the Australian Heritage Council (see sections 324J and 324JA);
(c) the Australian Heritage Council prepares, and gives to the Minister, a list of places (which will mostly be places that have been nominated) that it thinks should be assessed (see sections 324JB, 324JC and 324JD);
(d) the Minister finalises the list of places that are to be assessed (see sections 324JE and 324JF);
(e) the Australian Heritage Council invites people to make comments about the places in the finalised list (see section 324JG);
(f) the Australian Heritage Council assesses the places in the finalised list, and gives the assessments to the Minister (see sections 324JH and 324JI);
(g) the Minister decides whether a place that has been assessed should be included in the National Heritage List (see section 324JJ).
The steps mentioned in paragraphs (a) to (d) will generally be completed before the start of the assessment period.
324F Definitions
In this Subdivision:
assessment period has the meaning given by subsection 324G(1).
eligible for assessment consideration, in relation to an assessment period, has the meaning given by subsection 324JB(3).
finalised priority assessment list for an assessment period has the meaning given by subsection 324JE(4).
proposed priority assessment list for an assessment period has the meaning given by subsection 324JB(1).
324G Meaning of assessment period
(1) For the purposes of this Subdivision, each of the following is an assessment period:
(a) the period of 12 months starting on the day determined in writing by the Minister for the purposes of this paragraph;
(b) each period of 12 months starting on an anniversary of the day so determined.
(2) The Minister must make a determination under paragraph (1)(a) within 3 months after the commencement of this section. The day so determined must not be more than 12 months after that commencement.
(3) A determination under paragraph (1)(a) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the determination. See regulations made for the purposes of paragraph 54(2)(b) of that Act.
324H Minister may determine heritage themes for an assessment period
(1) Before the Minister invites nominations for an assessment period under section 324J, the Minister may determine one or more heritage themes that the Minister considers should be given priority in relation to the assessment period.
(2) The Minister may request advice from the Australian Heritage Council for the purpose of making a determination under subsection (1), and may have regard to any advice the Council provides in response to the request.
(3) A determination under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.
324J Minister to invite nominations for each assessment period
(1) Before the start of each assessment period, the Minister must publish a notice inviting people to nominate places for inclusion in the National Heritage List.
(2) A notice under subsection (1):
(a) must be published in accordance with the regulations referred to in paragraph (3)(a); and
(b) must invite people to nominate, to the Minister, places for inclusion in the National Heritage List; and
(c) must identify the assessment period to which the notice relates; and
(d) must specify a date (the cut‑off date) by which nominations must be received, which must be at least 40 business days after the notice has been published as required by paragraph (a); and
(e) must specify, or refer to, the information requirements, and the manner and form requirements, that, under regulations referred to in paragraphs (3)(b) and (c), apply to making nominations; and
(f) may also include:
(i) information related to any heritage themes that the Minister has determined under section 324H should be given priority in relation to the assessment period; and
(ii) any other information that the Minister considers appropriate.
(3) The regulations must provide for the following:
(a) how a notice under subsection (1) is to be published;
(b) the manner and form for making nominations;
(c) what information is to be included in a nomination.
324JA Minister to give nominations to Australian Heritage Council
Nominations in relation to first assessment period
(1) Within 30 business days after the cut‑off date specified in the notice under subsection 324J(1) for the first assessment period, the Minister must give the Australian Heritage Council the nominations that the Minister:
(a) had received before the end of that cut‑off date; and
(b) had not already requested the Australian Heritage Council, under section 324E (as in force before the commencement of this section), to assess; and
(c) had not already rejected under section 324E (as in force before the commencement of this section); and
(d) does not reject under subsection (4).
(2) Subsection (1) does not apply to a nomination of a place if:
(a) the place is outside the Australian jurisdiction; or
(b) the Minister had, before the commencement of this section, included the place in the National Heritage List under section 324F (as in force before the commencement of this section).
Nominations in relation to later assessment periods
(3) Within 30 business days after the cut‑off date (the current cut‑off date) specified in the notice under subsection 324J(1) for an assessment period (other than the first), the Minister must give the Australian Heritage Council the nominations that were received by the Minister in the period:
(a) starting immediately after the end of the cut‑off date specified in the notice under subsection 324J(1) for the immediately preceding assessment period; and
(b) ending at the end of the current cut‑off date;
other than any such nominations that the Minister rejects under subsection (4).
Minister may reject nominations
(4) The Minister may, in writing, reject a nomination if the Minister considers that:
(a) the nomination is vexatious, frivolous or not made in good faith; or
(b) the Minister considers that regulations referred to in paragraph 324J(3)(b) or (c) have not been complied with in relation to the nomination.
(5) If a nomination is rejected under paragraph (4)(b), the Minister must, if practicable, notify the person who made the nomination of the rejection of the nomination and the reason for the rejection.
Definition
(6) In this section:
nomination means a nomination of a place for inclusion in the National Heritage List.
324JB Australian Heritage Council to prepare proposed priority assessment list
(1) Within 40 business days after the Australian Heritage Council receives the nominations as required by subsection 324JA(1) in relation to an assessment period, the Council must prepare and give to the Minister a list (the proposed priority assessment list) for the assessment period.
(2) The proposed priority assessment list is to consist of such of the places that are eligible for assessment consideration in relation to the assessment period as the Australian Heritage Council considers it appropriate to include in the list, having regard to:
(a) any heritage themes determined by the Minister under section 324H in relation to the assessment period; and
(b) the Council’s own views about what should be given priority in relation to the assessment period; and
(c) the Council’s capacity to make assessments under this Division while still performing its other functions; and
(d) any other matters that the Council considers appropriate.
(3) A place is eligible for assessment consideration in relation to the assessment period if:
(a) the place has been nominated by a nomination referred to in subsection (1); or
(b) the Council itself wishes to nominate the place for inclusion in the National Heritage List; or
(c) the place was eligible for assessment consideration, otherwise than because of this paragraph, in relation to the immediately preceding assessment period (if any) but was not included in the finalised priority assessment list for that assessment period; or
(d) each part of the place is either a place to which paragraph (a) applies, a place to which paragraph (b) applies or a place to which paragraph (c) applies.
(4) Without limiting the generality of the Australian Heritage Council’s discretion under subsection (2), the Council does not have to include in the proposed priority assessment list a place that has been nominated if the Council considers that it is unlikely that the place has any National Heritage values. For this purpose, the Council is not required to have regard to any information beyond the information that was included in the nomination.
(5) The proposed priority assessment list is not a legislative instrument.
324JC Matters to be included in proposed priority assessment list
(1) The proposed priority assessment list for an assessment period is to include, for each place in the list: