(a) conduct a program to identify Commonwealth Heritage values for each place it owns or controls;
(b) produce a register that sets out, for each place it owns or controls, the Commonwealth Heritage values (if any) of that place;
(c) give the Minister a written report that includes:
(i) details of the program; and
(ii) a copy of the register.
(2) The regulations may prescribe all or any of the following:
(a) how Commonwealth heritage values may be identified for a place;
(b) matters a register must address;
(c) matters a report to the Minister must address.
(3) A Commonwealth agency must keep its register up to date.
(4) A register may be kept electronically.
(5) If a report under paragraph (1)(c) indicates that a place owned or controlled by a Commonwealth agency may have one or more Commonwealth Heritage values, information from the report may be used or referred to in a nomination of the place for inclusion in the Commonwealth Heritage List.
341ZC Minimising adverse impact on heritage values
A Commonwealth agency must not take an action that has, will have or is likely to have an adverse impact on the National Heritage values of a National Heritage place or the Commonwealth Heritage values of a Commonwealth Heritage place, unless:
(a) there is no feasible and prudent alternative to taking the action; and
(b) all measures that can reasonably be taken to mitigate the impact of the action on those values are taken.
341ZE Protecting Commonwealth 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 Commonwealth 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 Commonwealth 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:
(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 Commonwealth 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 Commonwealth Heritage values of the place; or
(b) advise the agency about measures to ensure the ongoing protection of the Commonwealth 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 Commonwealth 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 Commonwealth Heritage values of the place, the agency must take all reasonable steps to ensure that the measures are taken.
Subdivision G—Assistance for protecting Commonwealth Heritage places
341ZG Commonwealth assistance for protecting Commonwealth Heritage places
(1) The Commonwealth may give financial or other assistance for the identification, promotion, protection or conservation of a Commonwealth Heritage place to any person.
(2) The Commonwealth may give the assistance subject to conditions.
Subdivision H—Reviewing and reporting on the Commonwealth Heritage List
341ZH Reviewing and reporting on the Commonwealth Heritage List
(1) At least once in every 5 year period after the Commonwealth Heritage List is established, the Minister must ensure that:
(a) a review of the Commonwealth 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 Commonwealth Heritage List; and
(b) any significant damage or threat to the Commonwealth Heritage values of those places; and
(c) how many plans under Subdivision C for managing Commonwealth 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 Commonwealth Heritage places; and
(e) all nominations, assessments and changes to the Commonwealth Heritage List under this Division during the period of review; and
(f) compliance with this Act in relation to Commonwealth Heritage places; and
(g) any other matters that the Minister considers relevant.
Division 4—Commonwealth reserves
Subdivision A—Simplified outline of this Division
342 Simplified outline of this Division
The following is a simplified outline of this Division:
Commonwealth reserves can be declared over areas of land or sea:
(a) that the Commonwealth owns or leases; or
(b) that are in a Commonwealth marine area; or
(c) outside Australia that the Commonwealth has international obligations to protect.
A Proclamation must assign the reserve to a particular category, that affects how the reserve is managed and used.
Some activities can be undertaken in a reserve only if a management plan provides for them. Commonwealth agencies must comply with a management plan. Regulations can be made to control a wide range of activities in reserves.
The Minister may approve a management plan prepared by the Director and any Board for a reserve.
In agreement with indigenous people, the Minister can set up a Board for a reserve including land leased from indigenous people.
Subdivision B—Declaring and revoking Commonwealth reserves
343 Simplified outline of this Subdivision
The following is a simplified outline of this Subdivision:
The Governor‑General can proclaim Commonwealth reserves over areas of land or sea:
(a) that the Commonwealth owns; or
(b) that the Commonwealth or the Director leases; or
(c) that are in a Commonwealth marine area; or
(d) outside Australia that the Commonwealth has international obligations to protect.
A Proclamation must assign the reserve to a particular category that affects how the reserve is managed and used.
Proclamations can be made to alter and revoke reserves.
The Director must consult publicly before some Proclamations are made.
344 Declaring Commonwealth reserves
Declaring a Commonwealth reserve
(1) The Governor‑General may, by Proclamation, declare as a Commonwealth reserve:
(a) an area of land:
(i) that is owned by the Commonwealth in a Territory; or
(ii) that is owned by the Commonwealth outside a Territory; or
(iii) that is held under lease by the Commonwealth or the Director in a Territory; or
(iv) that is held under lease by the Commonwealth or the Director outside a Territory; or
(v) outside Australia and in respect of which Australia has obligations relating to biodiversity or heritage under an agreement with one or more other countries that may appropriately be met by declaring the area a Commonwealth reserve; or
(b) an area of sea:
(i) in a Commonwealth marine area; or
(ii) outside Australia and in respect of which Australia has obligations relating to biodiversity or heritage under an agreement with one or more other countries that may appropriately be met by declaring the area a Commonwealth reserve; or
(c) an area of land described in paragraph (a) and sea described in paragraph (b).
Note 1: Section 351 sets out some prerequisites for making Proclamations.
Note 2: A reference to Australia generally includes its coastal sea. See section 15B of the Acts Interpretation Act 1901.
Limits on acquiring land for reservation
(2) If land:
(a) is in:
(i) a State or self‑governing Territory (except the Northern Territory); or
(ii) the Northern Territory outside both Uluru‑Kata Tjuta National Park and the Alligator Rivers Region (as defined by the Environment Protection (Alligator Rivers Region) Act 1978); and
(b) is dedicated or reserved under a law of the State or Territory for purposes related to nature conservation or the protection of areas of historical, archaeological or geological importance or of areas having special significance in relation to indigenous persons;
the Commonwealth must not acquire the land for the purposes of declaring it a Commonwealth reserve, without the consent of the State or Territory.
Uluru‑Kata Tjuta National Park
(3) Uluru‑Kata Tjuta National Park is the Commonwealth reserve (as it exists from time to time) to which the name Uluru‑Kata Tjuta National Park was given by Proclamation continued in force by the Environmental Reform (Consequential Provisions) Act 1999.
345 Extent of Commonwealth reserve
(1) A Commonwealth reserve includes:
(a) land or seabed to the depth stated in the Proclamation declaring the Commonwealth reserve; and
(b) the waters and seabed under any sea in the area declared as a Commonwealth reserve.
(2) In this Act:
land includes subsoil of land and any body of water (whether flowing or not) except the sea.
seabed includes:
(a) the surface of a coral formation; and
(b) subsoil of seabed (including coral beneath the surface of a coral formation).
345A Commonwealth usage rights vest in Director
(1) When a Commonwealth reserve is declared, a usage right that relates to land or seabed in the reserve and is held by the Commonwealth vests in the Director, by force of this subsection.
(2A) However, subsection (2) does not apply to:
(a) a usage right acquired by the Commonwealth in relation to the Jabiru town land (within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976); or
(b) a usage right acquired by the Commonwealth that is prescribed by the regulations for the purposes of this paragraph.
(2) If the Commonwealth acquires a usage right relating to land or seabed in a Commonwealth reserve, the usage right vests in the Director.
(3) This section does not vest in the Director a usage right in respect of minerals, despite subsections (1) and (2).
346 Content of Proclamation declaring Commonwealth reserve
Content of Proclamation
(1) The Proclamation declaring an area to be a Commonwealth reserve must:
(a) give a name to the reserve; and
(b) state the purposes for which the reserve is declared; and
(c) state the depth of any land included in the reserve; and
(d) state the depth of the seabed that is under any sea included in the reserve; and
(e) assign the reserve to a category (an IUCN category) prescribed in regulations made for the purposes of this subsection.
Assigning different zones of a reserve to different IUCN categories
(2) A Proclamation may also divide a reserve into zones and assign each zone to an IUCN category.
Assigning leasehold land to IUCN categories
(3) Before the Governor‑General makes a Proclamation assigning a Commonwealth reserve or zone including land or seabed held by the Commonwealth or the Director under lease to a particular IUCN category, the Minister must be satisfied that the category to which it is proposed to assign the reserve or zone is consistent with the terms of the lease.
347 Assigning Commonwealth reserves and zones to IUCN categories
Before the Governor‑General makes a Proclamation assigning a Commonwealth reserve, or a zone within a Commonwealth reserve, to a particular IUCN category, the Minister must be satisfied:
(a) that the reserve or zone:
(i) has the characteristics (if any) prescribed by the regulations for the category; and
(ii) meets the criteria (if any) prescribed by the regulations for the category; and
(b) that the reserve or zone should be managed in accordance with the Australian IUCN reserve management principles for the category.
348 Australian IUCN reserve management principles
(1) The regulations must prescribe principles for each IUCN category. The principles prescribed for an IUCN category are the Australian IUCN reserve management principles for the category.
(2) The principles prescribed for an IUCN category must identify the purpose or purposes for which a Commonwealth reserve, or zone of a Commonwealth reserve, assigned to the category is primarily to be managed.
350 Revocation and alteration of Commonwealth reserves
(1) The Governor‑General may revoke or amend a Proclamation under this Subdivision by another Proclamation.
Note: Section 351 sets out some prerequisites for making Proclamations.
(2) Before the Governor‑General makes a Proclamation that results in land, sea or seabed ceasing to be included in a Commonwealth reserve, the Minister must be satisfied:
(a) that the Proclamation, if made, would be in accordance with a resolution passed by each House of Parliament on a motion; and
(b) that notice of the motion was given at least 15 sitting days of that House before the motion was moved.
(3) Subsection (2) does not apply to a Proclamation that results in land, sea or seabed ceasing to be included in one Commonwealth reserve or zone and being included in another Commonwealth reserve or zone.
(4) If the Director ceases to hold land or seabed in a Commonwealth reserve under lease:
(a) the land or seabed ceases to be part of the reserve by force of this paragraph; and
(b) the Governor‑General must make a Proclamation revoking or amending the Proclamation that included the land or seabed in a Commonwealth reserve, to reflect the fact that the land or seabed is no longer part of the reserve.
(5) Subsection (4) does not apply if the Director ceases to hold the land or seabed under a lease because:
(a) the Commonwealth becomes the owner of the land or seabed; or
(b) the Director surrenders the lease in consideration of the grant to the Director of another lease of that land or seabed.
(6) Except as described in subsection (4), land, sea or seabed in a Commonwealth reserve does not cease to be within the reserve merely because a usage right relating to the land, sea or seabed is transferred, assigned, surrendered, extinguished or changed in any way.
(7) A usage right is an estate or a legal or equitable charge, power, privilege, authority, licence or permit.
Note: Section 2B of the Acts Interpretation Act 1901 defines estate.
351 Report before making Proclamation
Minister must consider report before Proclamation made
(1) Before the Governor‑General makes a Proclamation under this Subdivision, the Minister must consider a report prepared by the Director on the matter to be dealt with by the Proclamation.
Procedure for preparing report
(2) In preparing a report, the Director must:
(a) publish in the Gazette and in accordance with the regulations (if any) a notice:
(i) stating the matter to be dealt with by the Proclamation; and
(ii) inviting the public to comment on the matter to be dealt with by the Proclamation; and
(iii) specifying the address to which comments may be sent; and
(iv) specifying the day by which any comments must be sent; and
(b) consider any comments made in response to the invitation; and
(c) include in the report the comments and the Director’s views on the comments.
Content of notice inviting comments
(3) A notice stating the matter to be dealt with by a Proclamation to declare a Commonwealth reserve must include a statement of:
(a) the proposed name of the reserve; and
(b) the proposed boundaries of the reserve and of any zones into which the reserve is to be divided; and
(c) the purpose for which the reserve is to be declared; and
(d) which IUCN category the reserve (and, if applicable, each zone of the reserve) is to be assigned to; and
(e) the purposes for which it is intended to manage and use the reserve.
Content of notice relating to revocation of Commonwealth reserve
(4) A notice stating the matter to be dealt with by a Proclamation to cause any land, sea or seabed to cease to be part of a Commonwealth reserve must state the boundaries of that land, sea or seabed.
Time for comment
(5) The day specified in the notice as the day by which any comments must be sent must be at least 60 days after the last day on which the notice is published in the Gazette or in accordance with any regulations.
When this section does not apply
(6) Subsection (1) does not apply in relation to a Proclamation that:
(a) declares an area in the Kakadu region to be a Commonwealth reserve; or
(b) has the effect of changing the name of a Commonwealth reserve in the Kakadu region; or
(c) results in land, sea or seabed ceasing to be included in one Commonwealth reserve and being included in another Commonwealth reserve without changing the IUCN category to which the land, sea or seabed is assigned.
352 What happens to Director’s usage rights when Commonwealth reserve is revoked
(1) This section applies in relation to land or seabed that ceases to be included in a Commonwealth reserve because of a Proclamation made under section 350, except a Proclamation that causes the land or seabed:
(a) to cease to be included in one Commonwealth reserve; and
(b) to be included in another Commonwealth reserve.