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National Environment Protection Council Act 1994
Sch 7National estate
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Schedule 7 National estate
1 The parties acknowledge that the primary role of the Australian Heritage
Commission is to identify the National Estate and advise the
Commonwealth on its conservation.
2 The parties further acknowledge that primary responsibility for land use
and resource planning decisions rests with States.
3 The parties agree that the register of the National Estate is one of the
factors that the States may consider when making land use and resource
planning decisions and that Section 30 of the Australian Heritage
Commission Act 1975 applies only to decisions of the Commonwealth
Ministers, Departments and Authorities. The parties recognise however
that some applications of s.30 of the Act may have significant land and
resource use planning implications.
4 The Commonwealth supports the current practice whereby the Australian
Heritage Commission provides information on all places nominated to the
Register of the National Estate or which are identified by studies, to the
designated agencies in the relevant State. The Commonwealth agrees to
support the current practice whereby the Commission seeks and considers
the views of the relevant State on all nominated places before making a
decision on interim listing.
5 Each State agrees to establish and advise the Australian Heritage
Commission on appropriate channels of communication, the persons
responsible for consultation and the persons responsible for coordination
of responses to the Australian Heritage Commission on matters related to
National Estate nominations and listings.
6 The Commonwealth supports the current practice whereby the Australian
Heritage Commission provides information to the relevant local
government body on places to be given interim listing status at least two
months prior to any public notification of that interim listing.
7 The parties agree that systematic, thematic and/or regional assessment is
the preferred basis on which to assess the national estate values of an area.
8 The Commonwealth and the States agree to facilitate joint assessment
processes between the Australian Heritage Commission and the States
where appropriate. In any event, existing data collections and assessment
processes that conform to national estate assessment criteria which are set
out in the Australian Heritage Commission Act 1975 can be accredited
and relied upon by the Australian Heritage Commission as satisfying the
requirements of the Commission.
9 The Commonwealth agrees that any State can negotiate with the
Commission on improved forms of consultation concerning development
of the Register of the National Estate generally.
10 The Commonwealth and the States agree that there will be consultation
and agreement wherever possible on the timing of Australian Heritage
Commission and State assessment processes.
11 Where there is an accredited or joint assessment of national estate values
of the Commonwealth and/or the States will give full faith and credit to
the results of such assessment when exercising their responsibilities.
12 The Commonwealth and the States note that where there is an accredited
or joint assessment of national estate values the Australian Heritage
Commission will generally not, and in any event will not without
consultation with the States, reconsider that assessment except where new
and significant information is produced.