(a) ignoring subsection 341D(2), the place no longer has any Commonwealth Heritage values or the part no longer contributes to any of the Commonwealth Heritage values of the place; or
(b) it is necessary in the interests of Australia’s defence or security to do so.
Note: A place or part of a place may also be removed from the Commonwealth Heritage List under subsection 341JP(1).
(3) The Minister may remove one or more Commonwealth Heritage values included in the Commonwealth Heritage List for a Commonwealth Heritage place only if the Minister is satisfied that:
(a) ignoring subsection 341D(2), the place no longer has the Commonwealth Heritage value or values; or
(b) it is necessary in the interests of Australia’s defence or security to do so.
(4) The Minister may remove all or part of a place, or a Commonwealth Heritage value of a place, only by an instrument including a statement of the reasons for the removal.
Note 1: The Minister must first obtain and consider the advice of the Australian Heritage Council (see section 341M).
Note 2: For requirements relating to the instrument under the Legislation Act 2003, see subsections (6) and (7) of this section.
(5) The instrument must deal with only one of the following kinds of removal:
(a) removal (removal for loss of value) of a place, part or Commonwealth Heritage value because of paragraph (2)(a) or (3)(a);
(b) removal of a place, part or Commonwealth Heritage value because of subsection (1) or paragraph (2)(b) or (3)(b).
If the instrument purports to deal with both kinds, it has no effect so far as it deals with a removal for loss of value.
(6) If the instrument deals only with removal for loss of value:
(a) it is a legislative instrument; and
(b) it takes effect on the first day it is no longer liable to be disallowed, or to be taken to have been disallowed, under section 42 of the Legislation Act 2003.
(7) If subsection (6) does not apply to the instrument, it is a notifiable instrument.
Note: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.
341M Minister must consider advice of the Australian Heritage Council and public comments
(1) Before the Minister removes from the Commonwealth Heritage List under section 341L all or part of a place or one or more of a place’s Commonwealth Heritage values in a removal for loss of value, the Minister must:
(a) give the Chair of the Australian Heritage Council a written request for the Council to give the Minister advice on the proposed removal; and
(b) publish, on the internet, in a daily newspaper circulating in each State and self‑governing Territory and in each other way required by the regulations (if any), a notice:
(i) describing the proposed removal; and
(ii) inviting anyone to give the Minister comments, within 20 business days, on the proposed removal.
The Minister must publish the notice within 20 business days of giving the request.
(2) The Australian Heritage Council must give the advice to the Minister within the period specified by the Minister.
(3) The Minister must consider the advice, if he or she receives it by the end of that period, and the comments (if any) received in accordance with the notice.
(4) In preparing the advice, the Australian Heritage Council must not consider any matter that does not relate to the Commonwealth Heritage values of the place concerned.
(5) The Minister must:
(a) decide whether to remove from the Commonwealth Heritage List the place or part concerned, or the Commonwealth Heritage value or values of the place concerned; and
(b) if the Minister decides to remove the place or part, or the Commonwealth Heritage value or values of the place—ensure that an instrument removing the place, part or Commonwealth Heritage value or values is made under subsection 341L(4);
within 60 business days after the earlier of the advice being received by the Minister and the specified period for giving advice to the Minister ending.
(6) However, the time limit in subsection (5) does not apply if the place is wholly or partly outside the Australian jurisdiction.
341N Specifying one or more additional Commonwealth Heritage values for a Commonwealth Heritage place
(1) The regulations may make provision for, or in relation to, the specification in the Commonwealth Heritage List of additional Commonwealth Heritage values in relation to Commonwealth Heritage places.
(2) Without limiting the generality of subsection (1), regulations may make provision as mentioned in that subsection by specifying modifications of provisions of this Act. However, regulations must not:
(a) increase, or have the effect of increasing, the maximum penalty for any offence; or
(b) widen, or have the effect of widening, the scope of any offence.
341P Commonwealth Heritage List must be publicly available
The Minister must ensure that:
(a) up‑to‑date copies of the Commonwealth Heritage List are available for free to the public on request; and
(b) an up‑to‑date copy of the Commonwealth Heritage List is available on the internet.
Note: The copies of the Commonwealth Heritage List made publicly available may not contain certain information kept confidential under section 341Q.
341Q Certain information may be kept confidential
(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 Commonwealth Heritage values is included in:
(a) the Commonwealth Heritage List as made publicly available; or
(b) an instrument or other document created for the purposes of this Act.
341R 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 341JG whether a place meets any of the Commonwealth 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 341M 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 341JI(1)(a) or subsection 341JP(1) in relation to the place; or
(ii) the Minister decides under paragraph 341JI(1)(b) not to include the place in the Commonwealth 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 an instrument under section 341L relating to the place; or
(ii) the Minister decides under section 341M not to remove the place or a part of the place, or one or more of the place’s Commonwealth Heritage values, from the Commonwealth 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 Commonwealth Heritage List; or
(b) Commonwealth 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 Commonwealth 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 341JG whether a place meets the Commonwealth Heritage criteria; or
(b) advice under section 341M 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 341Q, it would be sufficient compliance with this Act if the copy included only a general description of the place, its location or its Commonwealth 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 Commonwealth Heritage places
341S Management plans for Commonwealth Heritage places
(1) A Commonwealth agency must make a written plan to protect and manage the Commonwealth Heritage values of a Commonwealth Heritage place it owns or controls. The agency must do so within the period mentioned either:
(a) at the time the agency starts owning or controlling the place, in the agency’s heritage strategy under section 341ZA; or
(b) after that time, in the agency’s first such strategy.
Note: However, a Commonwealth agency must not make plans for managing certain places (see section 341U).
(2) The Commonwealth agency may, in writing, amend the plan or revoke and replace the plan.
(3) A Commonwealth agency must give notice, in accordance with the regulations, if the agency:
(a) makes a plan for a Commonwealth Heritage place; or
(b) amends such a plan; or
(c) revokes and replaces such a plan.
Note: Subdivision E imposes other obligations on Commonwealth agencies.
(4) A plan must:
(a) address the matters prescribed by the regulations; and
(b) not be inconsistent with the Commonwealth Heritage management principles (see Subdivision D).
(5) If the Commonwealth Heritage management principles change so that a plan (the earlier plan) is inconsistent with them, the agency concerned 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 agency concerned must:
(a) ask the Minister for advice on the proposed plan or amendment and must take account of any such advice received from the Minister; and
(b) seek in accordance with the regulations, and consider, comments from anyone about the matters to be addressed by the proposed plan or amendment.
(7) The Minister must consult with the Australian Heritage Council in preparing an advice for the purposes of this section.
(8) A plan, an amendment of a plan, or a revocation and replacement of a plan, is a legislative instrument.
341T Endorsing management plans for Commonwealth Heritage places
(1) A Commonwealth agency that makes a plan for managing a Commonwealth Heritage place may ask the Minister to endorse the plan. If the Commonwealth agency does so, it must give the Minister a copy of the plan.
(1A) The Minister must decide within 60 business days of being given the copy of the plan whether or not to endorse the plan.
(1B) Within 10 business days of making the decision, the Minister must inform the Commonwealth agency in writing of the decision and publish on the internet a notice of the decision.
(2) The Minister:
(a) may only endorse a plan that the Minister is satisfied provides for the conservation of the Commonwealth Heritage values of the place concerned; and
(b) must not endorse a plan that the Minister considers is inconsistent with the Commonwealth Heritage management principles (see Subdivision D).
(3) The Minister may, at any time, revoke an endorsement of a plan if the Minister considers it appropriate to do so.
341U Restriction on ability to make plans
Despite section 341S, a Commonwealth agency must not make a plan for managing so much of a Commonwealth Heritage place as is in a Commonwealth reserve and covered by another plan under this Act.
341V 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 341S; 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 341S for a particular Commonwealth Heritage place, 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 Commonwealth Heritage management principles.
341W Multiple plans in the same document
To avoid doubt, a plan for managing a Commonwealth Heritage place may be in the same document as:
(a) one or more other plans for managing Commonwealth Heritage places; or
(b) one or more other plans that this Act or another law of the Commonwealth requires or permits to be prepared.
341X Review of plans at least every 5 years
(1) At least once in every 5 year period after a plan for managing a Commonwealth Heritage place is made under section 341S, the Commonwealth agency concerned must cause a review of the plan to be carried out.
(2) The review must:
(a) assess whether the plan is consistent with the Commonwealth Heritage management principles in force at the time; and
(b) assess whether the plan is effective in protecting and conserving the Commonwealth Heritage values of the place; and
(c) make recommendations for the improved protection of the Commonwealth 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 Commonwealth Heritage management principles; and
(b) the effectiveness of the plan in protecting and conserving the Commonwealth 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.
(1) The regulations must prescribe principles for managing Commonwealth Heritage places. The principles prescribed are the Commonwealth Heritage management principles.
(2) The regulations may prescribe obligations to implement or give effect to the Commonwealth Heritage management principles.
(3) A person must comply with the regulations to the extent that they impose obligations on the person.
Subdivision E—Obligations of Commonwealth agencies
341Z Obligation to assist the Minister and the Australian Heritage Council
A Commonwealth agency that owns or controls a place that has, or might have, one or more Commonwealth 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 Commonwealth Heritage values.
341ZA Heritage strategies
(1) If a Commonwealth agency owns or controls one or more places, the agency must:
(a) prepare a written heritage strategy for managing the places to protect and conserve their Commonwealth Heritage values; and
(b) give a copy of the strategy to the Minister;
as soon as practicable and in any event within 2 years after the later of:
(c) the time the agency first owns or controls a place; and
(d) the commencement of this section.
Note: The heritage strategy will apply to every place the agency owns or controls.
(1A) Before making a heritage strategy, the Commonwealth agency must consult the Australian Heritage Council and take into account any advice the agency receives from the Council.
(2) The Commonwealth agency may, in writing, amend the heritage strategy or revoke and replace the heritage strategy. The Commonwealth agency must give the Minister a copy of the amended or replacement strategy within 20 business days of the amendment or replacement.
(3) A heritage strategy must:
(a) mention the period within which the Commonwealth agency must make a plan under section 341S; and
(b) mention the period within which the Commonwealth agency must do the things mentioned in subsection 341ZB(1); and
(c) address the matters prescribed by the regulations (if any); and
(d) not be inconsistent with the Commonwealth Heritage management principles.
(4) The Minister must advise the Commonwealth agency whether or not the agency’s heritage strategy (whether original, amended or replacement) is inconsistent with the Commonwealth Heritage management principles.
(5) At least once in every 3 year period after a heritage strategy is made, the Commonwealth agency concerned must cause a review of the strategy to be carried out.
(6) The agency must give the Minister a written report of the review. The report must address the matters prescribed by the regulations (if any).
341ZB Heritage assessments and registers
(1) A Commonwealth agency must do all of the following within the period mentioned in its heritage strategy: