(2) The Commonwealth may designate a wetland in a State or self‑governing Territory for inclusion in the List of Wetlands of International Importance kept under the Ramsar Convention 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 wetland; and
(b) management arrangements for the wetland.
(3) A failure to comply with this section does not affect the designation of a wetland for inclusion in the List of Wetlands of International Importance kept under the Ramsar Convention or the status of a wetland as a declared Ramsar wetland.
Subdivision C—Notice of designation of wetland
327 Minister must give notice of designation of wetland 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 designates a wetland for inclusion in the List of Wetlands of International Importance kept under the Ramsar Convention;
(b) the Commonwealth extends the boundaries of a wetland it has included in the List;
(c) the Commonwealth restricts the boundaries of a wetland it has included in the List;
(d) the Commonwealth deletes from the List a wetland it previously included in the List.
(2) The notice must specify the area included in, or excluded or deleted from, the 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 Ramsar wetland.
Subdivision D—Plans for listed wetlands in Commonwealth areas
328 Making plans
Minister must make plan
(1) The Minister must make a written plan for managing a wetland that is included in the List of Wetlands of International Importance kept under the Ramsar Convention and is entirely within one or more Commonwealth areas. The Minister must do so as soon as practicable after the wetland:
(a) is included in the 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 Ramsar Convention; or
(b) the Australian Ramsar management principles.
Note: Section 335 explains what Australian Ramsar management principles are.
Ensuring plans reflect current management principles
(4) If the Australian Ramsar 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 wetland may be in the same document as:
(a) a plan under this section for another wetland; or
(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 wetland 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 Ramsar Convention.
329 Notice of plans
The Minister must give notice of the making of a plan under section 328, in accordance with the regulations.
330 Commonwealth compliance with plans
(1) The Commonwealth or a Commonwealth agency must not:
(a) contravene a plan made under section 328; 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 328 for a particular wetland 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 wetland are not inconsistent with the Australian Ramsar management principles.
331 Review of plans every 5 years
(1) The Minister must cause a review of a plan made under section 328 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 Ramsar management principles in force at the time.
Note: Section 335 explains what Australian Ramsar management principles are.
Subdivision E—Management of wetlands in States and self‑governing Territories
332 Application
This Subdivision applies in relation to a wetland 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.
333 Co‑operating to prepare and implement plans
(1) This section applies in relation to a wetland that is included in the List of Wetlands of International Importance kept under the Ramsar Convention.
(2) The Commonwealth must use its best endeavours to ensure a plan for managing the wetland in a way that is not inconsistent with Australia’s obligations under the Ramsar Convention or the Australian Ramsar 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.
334 Commonwealth responsibilities
(1) This section applies in relation to a wetland that is a declared Ramsar wetland.
(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 wetland in a way that is not inconsistent with:
(a) the Ramsar Convention; and
(b) the Australian Ramsar management principles; and
(c) if the wetland is included in the List of Wetlands of International Importance kept under the Ramsar Convention and a plan for managing the property has been prepared as described in section 333—that plan.
(1) The regulations must prescribe principles for the management of wetlands included in the List of Wetlands of International Importance kept under the Ramsar Convention. The principles prescribed are the Australian Ramsar 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 Ramsar Convention.
Subdivision G—Assistance for protecting wetlands
336 Commonwealth assistance for protecting declared Ramsar wetlands
(1) The Commonwealth may give financial or other assistance for the protection or conservation of a declared Ramsar wetland to:
(a) a State or self‑governing Territory in which the wetland occurs; or
(b) any other person.
(2) The giving of assistance may be made subject to such conditions as the Minister thinks fit.
Division 3—Managing Biosphere reserves
337 Definition of Biosphere reserve
A Biosphere reserve is an area designated for inclusion in the World Network of Biosphere Reserves by the International Co‑ordinating Council of the Man and the Biosphere program of the United Nations Educational, Scientific and Cultural Organization.
338 Planning for management of Biosphere reserves
(1) The Minister may make and implement a written plan for managing a Biosphere reserve, or a part of a Biosphere reserve, entirely within one or more Commonwealth areas. The plan must not be inconsistent with the Australian Biosphere reserve management principles.
(2) The Commonwealth may co‑operate with a State or self‑governing Territory to prepare and implement a plan for managing a Biosphere reserve in the State or Territory. The plan must not be inconsistent with the Australian Biosphere reserve management principles.
339 Commonwealth activities in Biosphere reserves
The Commonwealth and each Commonwealth agency must take all reasonable steps to ensure that it exercises its powers and performs its functions in relation to a Biosphere reserve in a way that is not inconsistent with:
(a) the Australian Biosphere reserve management principles; or
(b) a plan prepared as described in section 338 for managing the Biosphere reserve.
340 Australian Biosphere reserve management principles
(1) The regulations must prescribe principles for the management of Biosphere reserves. The principles prescribed are the Australian Biosphere reserve 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 the Statutory Framework of the World Network of Biosphere Reserves established under the Man and the Biosphere program of the United Nations Educational, Scientific and Cultural Organization.
341 Commonwealth assistance for protecting Biosphere reserves
(1) The Commonwealth may give financial or other assistance for the protection or conservation of a Biosphere reserve to:
(a) a State or self‑governing Territory in which the reserve or part of the reserve occurs; or
(b) any other person.
(2) The giving of assistance may be made subject to such conditions as the Minister thinks fit.
Division 3A—Managing Commonwealth Heritage places
Subdivision A—Preliminary
341A Simplified outline of this Division
The following is a simplified outline of this Division:
The Minister may only include a place in the Commonwealth Heritage List if the place is in a Commonwealth area, or is owned or leased by the Commonwealth or a Commonwealth agency outside the Australian jurisdiction, and the Minister is satisfied that the place has one or more Commonwealth Heritage values.
The Minister must ask the Australian Heritage Council for an assessment of the place’s Commonwealth Heritage values and may invite public comments on the proposed inclusion of the place in the Commonwealth Heritage List.
Commonwealth agencies must make plans to protect and manage the Commonwealth Heritage values of Commonwealth Heritage places. The Commonwealth and Commonwealth agencies must not contravene those plans.
Commonwealth agencies also have other obligations.
The Commonwealth can provide assistance for the identification, promotion, protection or conservation of Commonwealth Heritage places.
341B Extension to places etc. outside the Australian jurisdiction
This Division extends to places, acts and omissions outside the Australian jurisdiction, except so far as the contrary intention appears.
Subdivision B—The Commonwealth Heritage List
341C The Commonwealth 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 Commonwealth Heritage List.
(2) A place may be included in the Commonwealth Heritage List only if:
(a) the place either:
(i) is entirely within a Commonwealth area; or
(ii) is outside the Australian jurisdiction and is owned or leased by the Commonwealth or a Commonwealth Authority; and
(b) the Minister is satisfied that the place has one or more Commonwealth Heritage values (subject to the provisions in Subdivision BB about the emergency process).
(3) A place that is included in the Commonwealth Heritage List is called a Commonwealth Heritage place.
(4) The Commonwealth Heritage List is not a legislative instrument.
341D Meaning of Commonwealth Heritage values
(1) A place has a Commonwealth Heritage value if and only if the place meets one of the criteria (the Commonwealth Heritage criteria) prescribed by the regulations for the purposes of this section. The Commonwealth Heritage value of the place is the place’s heritage value that causes the place to meet the criterion.
(2) The Commonwealth Heritage values of a Commonwealth Heritage place are the Commonwealth Heritage values of the place included in the Commonwealth 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 Commonwealth Heritage List: usual process
341E 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 Commonwealth 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 341G).
The usual process involves the following steps for each assessment period:
(a) the Minister invites people to nominate places for inclusion in the Commonwealth Heritage List, and gives the nominations to the Australian Heritage Council (see sections 341H and 341J);
(b) 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 341JA, 341JB and 341JC);
(c) the Minister finalises the list of places that are to be assessed (see sections 341JD and 341JE);
(d) the Australian Heritage Council invites people to make comments about the places in the finalised list (see section 341JF);
(e) the Australian Heritage Council assesses the places in the finalised list, and gives the assessments to the Minister (see sections 341JG and 341JH);
(f) the Minister decides whether a place that has been assessed should be included in the Commonwealth Heritage List (see section 341JI).
The steps mentioned in paragraphs (a) to (c) will generally be completed before the start of the assessment period.
341F Definitions
In this Subdivision:
assessment period has the meaning given by subsection 341G(1).
eligible for assessment consideration, in relation to an assessment period, has the meaning given by subsection 341JA(3).
finalised priority assessment list for an assessment period has the meaning given by subsection 341JD(4).
proposed priority assessment list for an assessment period has the meaning given by subsection 341JA(1).
341G 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.
341H 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 Commonwealth Heritage List.
Note: For which places can be included in the Commonwealth Heritage List, see subsection 341C(2).
(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 Commonwealth 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 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.
341J 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 341H(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 341E (as in force before the commencement of this section), to assess; and
(c) had not already rejected under section 341E (as in force before the commencement of this section); and