(1) This section applies if the Minister considers that the heritage values of a place could be significantly damaged by the disclosure of some or all of the following information, or by the presence or actions of persons if some or all of the following information were disclosed publicly:
(a) the place’s precise location;
(b) the place’s heritage values;
(c) any other information about the place.
(2) It is sufficient compliance with this Act if only a general description of the place, its location or its National Heritage values is included in:
(a) the National Heritage List as made publicly available; or
(b) an instrument or other document created for the purposes of this Act.
324R Disclosure of Australian Heritage Council’s assessments and advice
(1) A member of the Australian Heritage Council has a duty not to disclose the following to a person other than the Minister, an employee in the Department whose duties relate to the Council or another member of the Council:
(a) an assessment under section 324JH whether a place meets any of the National Heritage criteria, any information relating to the assessment or any information about the nomination (if any) that led to the making of the assessment;
(b) advice under section 324M concerning a place or any information relating to the advice.
(2) However:
(a) the duty not to disclose a thing described in paragraph (1)(a) in relation to a place does not exist after:
(i) publication in the Gazette of an instrument under paragraph 324JJ(1)(a) or subsection 324JQ(1) in relation to the place; or
(ii) the Minister decides under paragraph 324JJ(1)(b) not to include the place in the National Heritage List; and
(b) the duty not to disclose a thing described in paragraph (1)(b) in relation to a place does not exist after:
(i) registration under the Legislation Act 2003 of a legislative instrument under section 324L relating to the place; or
(ii) the Minister decides under section 324M not to remove the place or a part of the place, or one or more of the place’s National Heritage values, from the National Heritage List.
(2A) This section does not prevent the Australian Heritage Council from informing a person, or having discussions with a person, about the consequences that result or may result from:
(a) a place being, or not being, included in the National Heritage List; or
(b) National Heritage values of a place being, or not being, included in the List; or
(c) a place or part of a place, or one or more National Heritage values of a place, being removed from the List.
(2B) Subsection (1) does not apply to a disclosure of particular information if:
(a) the Chair of the Australian Heritage Council requests the Minister to give permission to disclose that information to a particular person (or persons within a particular group of persons); and
(b) the Minister gives that permission; and
(c) the disclosure is made to that person (or a person within that group).
(3) After a member of the Australian Heritage Council has ceased under subsection (2) to have a duty not to disclose:
(a) an assessment under section 324JH whether a place meets the National Heritage criteria; or
(b) advice under section 324M concerning a place;
the member must give a copy of the assessment or advice to anyone who asks for it.
(4) If:
(a) a member of the Australian Heritage Council proposes to give a person under subsection (3) a copy of an assessment or advice relating to a place; and
(b) the member is aware that, under section 324Q, it would be sufficient compliance with this Act if the copy included only a general description of the place, its location or its National Heritage values;
the member must take reasonable steps to ensure that the copy given to the person does not include a more detailed description than is necessary for sufficient compliance with this Act under that section.
Subdivision C—Management plans for National Heritage places in Commonwealth areas
324S Management plans for National Heritage places in Commonwealth areas
(1) The Minister must make a written plan to protect and manage the National Heritage values of each National Heritage place that is entirely within one or more Commonwealth areas. The Minister must do so as soon as practicable after the first time the place satisfies both of the following paragraphs:
(a) the place is included in the National Heritage List;
(b) the place is entirely within one or more Commonwealth areas.
Note: However, section 324T precludes the Minister from making plans for managing certain places.
(2) The Minister may, in writing, amend a plan or revoke and replace a plan.
(3) The Minister must give notice, in accordance with the regulations, if the Minister:
(a) makes a plan for a National Heritage place; or
(b) amends such a plan; or
(c) revokes and replaces such a plan.
(4) A plan must:
(a) address the matters prescribed by the regulations; and
(b) not be inconsistent with the National Heritage management principles (see Subdivision E).
(5) If the National Heritage management principles change so that a plan (the earlier plan) is inconsistent with them, the Minister must as soon as practicable make a written instrument:
(a) amending the earlier plan to make it consistent with the principles; or
(b) revoking and replacing the earlier plan.
(6) Before making, amending or revoking and replacing a plan, the Minister must:
(a) seek in accordance with the regulations, and consider, comments from anyone about the matters to be addressed by the proposed plan or amendment; and
(b) seek and consider comments from the Australian Heritage Council about those matters.
(7) A plan, an amendment of a plan, or a revocation and replacement of a plan, is a legislative instrument.
324T Restriction on ability to make plans
Despite section 324S, the Minister must not make a plan for managing so much of a National Heritage place as is in a Commonwealth reserve and covered by another plan under this Act.
324U Compliance with plans by the Commonwealth and Commonwealth agencies
(1) The Commonwealth or a Commonwealth agency must not:
(a) contravene a plan made under section 324S; 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 324S for a particular National Heritage place 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 place are not inconsistent with the National Heritage management principles.
324V Multiple plans in the same document
To avoid doubt, a plan for managing a National Heritage place may be in the same document as:
(a) one or more other plans for managing National Heritage places; or
(b) one or more other plans that this Act or another law of the Commonwealth requires or permits to be prepared.
324W Review of plans at least every 5 years
(1) At least once in every 5 year period after a plan for managing a National Heritage place is made under section 324S, the Minister must cause a review of the plan to be carried out.
(2) The review must:
(a) assess whether the plan is consistent with the National Heritage management principles in force at the time; and
(b) assess whether the plan is effective in protecting and conserving the National Heritage values of the place; and
(c) make recommendations for the improved protection of the National Heritage values of the place.
(3) The person carrying out the review must publish, on the internet and in a daily newspaper circulating in each State and self‑governing Territory, a notice inviting anyone to give the person comments within 20 business days on:
(a) whether the plan is consistent with the National Heritage management principles; and
(b) the effectiveness of the plan in protecting and conserving the National Heritage values of the place.
(4) In carrying out the review, the person must consider the comments (if any) received in accordance with the notice.
Subdivision D—Management of National Heritage places in States and self‑governing Territories
324X Plans and Commonwealth responsibilities
(1) This section applies to a National Heritage place that is not entirely within one or more Commonwealth areas and is:
(a) in a State; or
(b) in a self‑governing Territory; or
(c) 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.
(2) The Commonwealth must use its best endeavours to ensure a plan for managing the place, that is not inconsistent with the National Heritage management principles, is prepared and implemented in co‑operation with the State or Territory.
(2A) Subsection (2) does not apply in relation to so much of a place 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 National Heritage management principles.
(3) 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 place in a way that is not inconsistent with:
(a) the National Heritage management principles; or
(b) the plan for managing the place, if one has been prepared under subsection (2).
Subdivision E—The National Heritage management principles
324Y National Heritage management principles
(1) The regulations must prescribe principles for managing National Heritage places. The principles prescribed are the National Heritage management principles.
(2) The regulations may prescribe obligations to implement or give effect to the National Heritage management principles if the obligations relate to:
(a) a constitutional corporation, the Commonwealth or a Commonwealth agency; or
(b) trade or commerce:
(i) between Australia and another country; or
(ii) between 2 States; or
(iii) between a State and Territory; or
(iv) between 2 Territories; or
(c) either or both of the following:
(i) a Commonwealth area;
(ii) a Territory; or
(d) the National Heritage values, to the extent that they are indigenous heritage values, of a National Heritage place; or
(e) the National Heritage values of a National Heritage place in an area in respect of which Australia has obligations under Article 8 of the Biodiversity Convention.
(3) A person must comply with the regulations to the extent that they impose obligations on the person.
(4) Paragraph (2)(e) applies only to a prescribed obligation that is appropriate and adapted to give effect to Australia’s obligations under Article 8 of the Biodiversity Convention.
Subdivision F—Obligations of Commonwealth agencies
324Z Obligation to assist the Minister and the Australian Heritage Council
(1) A Commonwealth agency that owns or controls a place that has, or might have, one or more National Heritage values must take all reasonable steps to assist the Minister and the Australian Heritage Council in the identification, assessment and monitoring of the place’s National Heritage values.
(2) A Commonwealth agency that owns or controls all or part of a National Heritage place must take all reasonable steps to assist the Minister to make a plan under section 324S for the place.
324ZA Protecting National Heritage values of places sold or leased
(1) This section applies if a Commonwealth agency executes a contract for the sale or lease to someone else of a Commonwealth area in the Australian jurisdiction that is or includes all or part of a National Heritage place. It does not matter whether the agency executes the contract for the Commonwealth or on its own behalf.
(1A) The Commonwealth agency must give the Minister at least 40 business days’ notice before executing the contract.
(2) The Commonwealth agency must ensure that the contract includes a covenant the effect of which is to protect the National Heritage values of the place, unless the agency is satisfied that:
(a) having regard to other means of protecting those values, including such a covenant in the contract is unnecessary to protect them or is unreasonable; or
(b) including such a covenant in the contract is impracticable.
(3) The Commonwealth agency must inform the Minister before executing the contract if:
(a) such a covenant:
(i) would not, or could not be made to, bind the successors in title of the buyer or lessee; or
(ii) could be insufficient to ensure the ongoing protection of the National Heritage values of the place; or
(b) the agency is satisfied as described in subsection (2).
The information must include written reasons why paragraph (a) applies or why the agency is satisfied as described in subsection (2).
(4) If the Minister is informed of a matter in paragraph (3)(a) or that the Commonwealth agency is satisfied that it is unreasonable or impracticable to include such a covenant in the contract, the Minister must:
(a) take all reasonable measures to enter into a conservation agreement with the prospective buyer or lessee for the protection and conservation of the National Heritage values of the place; or
(b) advise the agency about measures to ensure the ongoing protection of the National Heritage values of the place.
(5) If the Minister is informed that the Commonwealth agency is satisfied that it is unnecessary to include such a covenant in the contract, the Minister may advise the agency about measures to ensure the ongoing protection of the National Heritage values of the place.
(6) If the Minister advises the Commonwealth agency under this section about measures to ensure the ongoing protection of the National Heritage values of the place, the agency must take all reasonable steps to ensure that the measures are taken.
Subdivision G—Assistance for protecting National Heritage places
324ZB Commonwealth assistance for protecting National Heritage places
(1) The Commonwealth may give financial or other assistance for the identification, promotion, protection or conservation of a National Heritage place to:
(a) a State or self‑governing Territory in which the place or part of the place is located; or
(b) any other person.
(2) The Commonwealth may give the assistance subject to conditions.
Subdivision H—Reviewing and reporting on the National Heritage List
324ZC Reviewing and reporting on the National Heritage List
(1) At least once in every 5 year period after the National Heritage List is established, the Minister must ensure that:
(a) a review of the National Heritage List is carried out; and
(b) a report of that review is tabled in each House of the Parliament.
(2) The report must include details of:
(a) the number of places included in the National Heritage List; and
(b) any significant damage or threat to the National Heritage values of those places; and
(c) how many plans under Subdivisions C and D for managing National Heritage places have been made, or are being prepared, and how effectively the plans that have been made are operating; and
(d) the operation of any conservation agreements under Part 14 that affect National Heritage places; and
(e) all nominations, assessments and changes to the National Heritage List under this Division during the period of review; and
(f) compliance with this Act in relation to National Heritage places; and
(g) any other matters that the Minister considers relevant.
Division 2—Managing wetlands of international importance
Subdivision A—Simplified outline of this Division
325 Simplified outline of this Division
The following is a simplified outline of this Division:
The Commonwealth may designate a wetland for inclusion in the List of Wetlands of International Importance kept under the Ramsar Convention only after seeking the agreement of relevant States, self‑governing Territories and land‑holders.
The Minister must make plans for managing wetlands listed under the Ramsar Convention 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 wetlands listed under the Ramsar Convention, in co‑operation with the relevant States and self‑governing Territories.
The Commonwealth and Commonwealth agencies have duties relating to declared Ramsar wetlands in States and Territories.
The Commonwealth can provide assistance for the protection or conservation of declared Ramsar wetlands.
Note: Section 16 prohibits an action that has a significant impact on an internationally important wetland, 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 Ramsar designation
326 Commonwealth must seek agreement before designation
(1) The Commonwealth may designate for inclusion in the List of Wetlands of International Importance kept under the Ramsar Convention a wetland 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 designation of the wetland (so far as it relates to the area); and
(b) management arrangements for the wetland (so far as they relate to the area).