Editors --- "The Australian Heritage Council Bill" [2003] AdminRw 24; (2003) 55 Admin Review 60

• The Australian Heritage Council Bill

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The Australian Heritage Council Bill

The Australian Heritage Council Bill 2002 was introduced as part of a package of three heritage Bills designed to replace the Australian Heritage Commission Act 1975. The other two Bills are the Environment and Heritage Legislation Amendment Bill (No. 1) 2002, which contains the main protection and procedural changes, and the Australian Heritage Council (Consequential and Transitional Provisions) Bill 2002, which would abolish the Australian Heritage Commission.

The primary purpose of the Australian Heritage Council Bill is to establish the Australian Heritage Council, which would replace the Australian Heritage Commission. Among the council’s functions will be advising the Minister on heritage matters and maintaining the Register of the National Estate (a register of places and their heritage value). The council may include a place in the register if it has a ‘heritage value’ and the council has attempted to advise owners or occupiers and Indigenous persons with rights or interests in the place. These people must be given a reasonable opportunity to comment in writing on whether the place should be included in the register. A similar process would apply when the council sought to remove a place from the register.

Upon written request, the Minister may conduct a review of a council decision to include or not include a place in the register or to remove a place from the register. The council must comply with a Minister’s direction that a place be included in or removed from the register. Where a person requests them, the Minister must give written reasons for his or her decision within a reasonable time.

The Bill passed through the House of Representatives on 14 November 2002 and at the time of going to press is before the Senate.