Note: Subsection (9) applies in a case where the Minister decides that none of the assessed place is to be included in the Commonwealth Heritage List.
Subdivision BB—Inclusion of places in the Commonwealth Heritage List: emergency process
341JJ Simplified outline
The following is a simplified outline of this Subdivision:
This Subdivision sets out the emergency process for the inclusion of places in the Commonwealth Heritage List.
The emergency process involves the following steps:
(a) the Minister may include a place in the Commonwealth Heritage List if it is under threat (see section 341JK);
(b) the Minister asks the Australian Heritage Council to assess the place (see section 341JL);
(c) the Australian Heritage Council publishes notice of the listing and invites comments (see section 341JM);
(d) the Australian Heritage Council assesses the place, and gives the assessment to the Minister (see sections 341JN and 341JO);
(e) the Minister has 12 months from the listing of the place to decide whether it should continue to be listed, and the listing will lapse if the Minister does not make a decision within that period (see section 341JP).
341JK Minister may include place in Commonwealth Heritage List if under threat
(1) If the Minister believes:
(a) a place has or may have one or more Commonwealth Heritage values; and
(b) any of those values is under threat of a significant adverse impact; and
(c) that threat is both likely and imminent;
the Minister may, by instrument published in the Gazette, include in the Commonwealth Heritage List the place and the Commonwealth Heritage values the Minister believes the place has or may have.
Note: For which places can be included in the Commonwealth Heritage List, see subsection 341C(2).
(2) If:
(a) the place is included in the Commonwealth Heritage List under subsection (1); and
(b) before that inclusion of the place, the place was being considered for inclusion in the List under the process set out in Subdivision BA;
that process ceases to apply to the place when it is included in the List under subsection (1).
Note: Subsection (2) does not prevent the process in Subdivision BA again starting to apply to the place if (for example) the place ceases to be listed because of subsection 341JP(1) or (4) and a person subsequently nominates the place under that Subdivision.
(3) If the place is included in the Commonwealth Heritage List under subsection (1), the Minister must:
(a) in any case—within 10 business days after the inclusion of the place, publish a copy of the instrument under subsection (1):
(i) on the internet; and
(ii) in accordance with any other requirements specified in the regulations; and
(b) if the place is within the Australian jurisdiction—take all practicable steps to:
(i) identify each person who is an owner or occupier of all or part of the place; and
(ii) advise each person identified that the place has been included in the Commonwealth Heritage List.
(4) If the Minister is satisfied that there are likely to be at least 50 persons referred to in subparagraph (3)(b)(i), the Minister may satisfy the requirements of paragraph (3)(b) in relation to those persons by including the advice referred to in that paragraph in one or more of the following:
(a) advertisements in a newspaper, or newspapers, circulating in the area in which the place is located;
(b) letters addressed to “The owner or occupier” and left at all the premises that are wholly or partly within the place;
(c) displays in public buildings at or near the place.
341JL Minister to ask Australian Heritage Council for assessment
(1) If the Minister includes a place in the Commonwealth Heritage List under section 341JK, the Minister must, in writing, request the Australian Heritage Council to give the Minister an assessment of whether the place meets any of the Commonwealth Heritage criteria.
(2) The request must specify the assessment completion time for the assessment.
Note: When specifying an assessment completion time, the 12‑month period referred to in subsection 341JP(1) should be considered.
341JM Publication of listing of place and inviting comments
(1) If the Australian Heritage Council receives a request under subsection 341JL(1) in relation to a place that has been included in the Commonwealth Heritage List, the Council must publish a notice inviting people to comment on the listing of the place.
(2) A notice under subsection (1) in relation to a place:
(a) must be published in accordance with the regulations referred to in paragraph (3)(a); and
(b) must contain the following:
(i) a description of the place;
(ii) a statement that the place has been included in the Commonwealth Heritage List, and that specifies the Commonwealth Heritage values that have been included in the List in relation to the place;
(iii) the date on which the place was so included; and
(c) must invite people to make comments, to the Australian Heritage Council, about:
(i) whether the place meets any of the Commonwealth Heritage criteria; and
(ii) whether the place should continue to be included in the Commonwealth Heritage List; and
(d) must specify the date (the cut‑off date) by which comments must be received, which must be at least 30 business days after the notice has been published as required by paragraph (a); and
(e) must specify, or refer to, the manner and form requirements that, under regulations referred to in paragraph (3)(b), apply to making comments.
(3) The regulations may provide for either or both of the following:
(a) how a notice under subsection (1) is to be published;
(b) the manner and form for making comments.
341JN Australian Heritage Council to assess place and give assessment to Minister
(1) Section 341JG applies in relation to a request under subsection 341JL(1) as if:
(a) a reference in section 341JG to a place included in the finalised priority assessment list for an assessment period were a reference to the place to which the request relates; and
(b) a reference in section 341JG to the notice under subsection 341JF(1) in relation to the place were a reference to the notice under subsection 341JM(1) in relation to the place; and
(c) a reference in section 341JG to regulations referred to in paragraph 341JF(4)(b) were a reference to regulations referred to in paragraph 341JM(3)(b); and
(d) a reference in section 341JG to whether the place should be included in the Commonwealth Heritage List were a reference to whether the place should continue to be included in the Commonwealth Heritage List.
(2) A reference in another provision of this Act to section 341JG, or to a provision of that section, includes a reference to that section or provision as it applies because of this section.
341JO Time by which assessments to be provided to Minister
(1) Section 341JH applies in relation to a request under subsection 341JL(1) as if:
(a) a reference in section 341JH to a place included in the finalised priority assessment list for an assessment period were a reference to the place to which the request relates; and
(b) a reference in section 341JH to the assessment completion time specified in the list for the place were a reference to the assessment completion time specified in the request.
(2) A reference in another provision of this Act to section 341JH, or to a provision of that section, includes a reference to that section or provision as it applies because of this section.
341JP Decision about place remaining in the Commonwealth Heritage List
Minister to decide whether place should remain listed
(1) Within 12 months after the inclusion of a place in the Commonwealth Heritage List under section 341JK, the Minister must, by instrument published in the Gazette, subject to subsections (2) and (3):
(a) do one of the following:
(i) state that the place remains in the Commonwealth Heritage List with its boundary unaltered;
(ii) alter the boundary of the place described in the Commonwealth Heritage List (whether or not the alteration results in an overall increase or decrease in the extent of the place included in the List);
(iii) remove from the Commonwealth Heritage List the place and its Commonwealth Heritage values; and
(b) if the place is not removed from the Commonwealth Heritage List under subparagraph (a)(iii)—do all or any of the following:
(i) state that specified Commonwealth Heritage values included in the List under section 341JK for the place remain in the List for the place;
(ii) include in the List for the place specified Commonwealth Heritage values of the place that were not included in the List under section 341JK for the place;
(iii) remove from the List for the place specified Commonwealth Heritage values that were included in the List under section 341JK for the place.
(2) The Minister must not take action under subsection (1) unless the Minister has received an assessment from the Australian Heritage Council under section 341JG in relation to the place.
(3) The Minister must not take action under subsection (1) that results in the place remaining in the Commonwealth Heritage List (whether or not with the same or a different boundary) unless the Minister is satisfied that the place has one or more Commonwealth Heritage values.
Listing lapses automatically if action not taken within 12 months of listing
(4) If the Minister does not take action under subsection (1) within the period referred to in that subsection, the place, and its listed Commonwealth Heritage values, are automatically removed from the Commonwealth Heritage List, by force of this subsection, at the end of that period.
Note: This subsection applies even if the Minister is prevented from taking action under subsection (1) because of subsection (2).
Matters to be considered
(5) For the purpose of deciding what action to take under subsection (1) in relation to the place:
(a) the Minister must have regard to:
(i) the Australian Heritage Council’s assessment whether the place meets any of the Commonwealth Heritage criteria; and
(ii) the comments (if any), a copy of which were given to the Minister under subsection 341JG(1) with the assessment; and
(b) the Minister may seek, and have regard to, information or advice from any source.
Disapplying section 341L
(6) Section 341L does not apply to:
(a) an alteration of the boundary of the place, under subparagraph (1)(a)(ii) of this section, that has the effect of removing part of the place from the Commonwealth Heritage List; or
(b) the removal of the place and its Commonwealth Heritage values under subparagraph (1)(a)(iii) of this section; or
(c) the removal of a Commonwealth Heritage value of the place under subparagraph (1)(b)(iii) of this section.
Minister to publish copy or summary of subsection (1) notice
(7) The Minister must publish a copy or summary of the instrument referred to in subsection (1). The regulations may specify how the publication is to be made. Subject to any such regulations, the publication must be made in a way that the Minister considers appropriate.
Additional requirements if place etc. is removed under subsection (1)
(8) If, under subsection (1), the Minister removes from the Commonwealth Heritage List the place or a Commonwealth Heritage value of the place, or alters the boundary of the place described in the List, the Minister must, within 10 business days after the removal or alteration:
(a) in any case—publish a copy of the instrument referred to in subsection (1) on the internet; and
(b) if the place is within the Australian jurisdiction—advise each person identified by the Minister as an owner or occupier of all or part of the place of the removal or alteration.
Note: For the obligation to identify owners or occupiers, see subsection 341JK(3).
Requirements if place is removed under subsection (4)
(9) If, under subsection (4), the place, and its listed Commonwealth Heritage values, are removed from the Commonwealth Heritage List, the Minister must, within 10 business days after the removal:
(a) in any case—publish notice of the removal on the internet; and
(b) if the place is within the Australian jurisdiction—advise each person identified by the Minister as an owner or occupier of all or part of the place of the removal.
Note: For the obligation to identify owners or occupiers, see subsection 341JK(3).
Alternative methods of notifying owners and occupiers
(10) If the Minister is satisfied that there are likely to be at least 50 persons referred to in paragraph (8)(b) or (9)(b), the Council may satisfy the requirements of that paragraph in relation to those persons by including the advice referred to in that paragraph in one or more of the following:
(a) advertisements in a newspaper, or newspapers, circulating in the area in which the place is located;
(b) letters addressed to “The owner or occupier” and left at all the premises that are wholly or partly within the place;
(c) displays in public buildings at or near the place.
Subdivision BC—Other provisions relating to the Commonwealth Heritage List
341JQ Co‑ordination with Scientific Committee—Council undertaking assessment
(1) This section applies if:
(a) the Australian Heritage Council undertakes an assessment of a place under Subdivision BA or Subdivision BB; and
(b) before giving the assessment to the Minister, the Council becomes aware that:
(i) the Scientific Committee is undertaking, or has undertaken, an assessment under Division 1 of Part 13; and
(ii) there is a matter that is relevant to both the assessment referred to in paragraph (a) and the assessment referred to in subparagraph (i).
(2) A member of the Australian Heritage Council may discuss the matter with a member of the Scientific Committee.
(3) Before the Australian Heritage Council gives an assessment of the place to the Minister under Subdivision BA or Subdivision BB, the Council must comply with subsection (4) or (6).
(4) If the Scientific Committee has not yet given the Minister an assessment that deals with that matter, the Australian Heritage Council must:
(a) give the Scientific Committee a copy of the assessment of the place that the Council proposes to give to the Minister; and
(b) invite the Scientific Committee to give the Council its comments in relation to that matter; and
(c) take into account, in finalising the assessment of the place that the Council gives the Minister, any comments that the Scientific Committee makes in relation to that matter in response to that invitation within 14 days, or such longer period as is specified in the invitation, after being given the invitation.
(5) If the Australian Heritage Council gives the Scientific Committee a copy of a proposed assessment of a place under paragraph (4)(a), the Council must also give the Scientific Committee a copy of the assessment of that place that the Council gives the Minister.
(6) If:
(a) the Scientific Committee has already given the Minister an assessment that deals with that matter; and
(b) the Australian Heritage Council has been given a copy of that assessment;
the Australian Heritage Council must take that assessment into account in finalising the assessment of the place that the Council gives the Minister.
(7) If, under section 194S or 194T, the Scientific Committee gives the Australian Heritage Council a proposed assessment, or an assessment, that deals with a particular matter because the Council is undertaking an assessment that deals with that matter, a member of the Council may discuss that matter with a member of the Scientific Committee.
(8) Subsection (2), paragraph (4)(a) and subsections (5) and (7) have effect despite section 341R.
341JR Co‑ordination with Scientific Committee—Council given assessment to Minister
(1) This section applies if:
(a) the Australian Heritage Council has given to the Minister an assessment of a place under Subdivision BA or Subdivision BB; and
(b) the Council is aware that:
(i) the Scientific Committee is undertaking an assessment under Division 1 of Part 13; and
(ii) there is a matter that is relevant to both the assessment referred to in paragraph (a) and the assessment referred to in subparagraph (i).
(2) The Australian Heritage Council must, within 7 days after becoming aware as referred to in paragraph (1)(b):
(a) ensure the Scientific Committee is aware of the existence of the paragraph (1)(a) assessment dealing with the matter; and
(b) give the Scientific Committee a copy of the assessment.
(3) A member of the Australian Heritage Council may discuss the matter with a member of the Scientific Committee.
(4) Subsections (2) and (3) have effect despite section 341R.
341K Listing process not affected by changing boundaries of a place
(1) This section is about compliance with a provision of Subdivision BA or BB that requires or permits an act to be done in relation to the place identified by express or implied reference to an earlier provision of that Subdivision.
(2) It is sufficient compliance with the provision if the act is done in relation to a place whose boundary overlaps the boundary of the place identified by reference to the earlier provision.
(3) This section does not affect the validity of the act so far as that depends on something other than the act being done in relation to the place.
341L Removal of places or Commonwealth Heritage values from the Commonwealth Heritage List
(1) The Minister must remove all or part of a place from the Commonwealth Heritage List as soon as practicable after the Minister becomes aware that:
(a) the place or part is no longer in a Commonwealth area; or
(b) the place or part is no longer owned or leased by the Commonwealth or a Commonwealth agency, if the place or part is outside the Australian jurisdiction.
(2) The Minister may remove all or part of a place from the Commonwealth Heritage List only if the Minister is satisfied that: