Commonwealth Numbered Regulations - Explanatory Statements

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION AMENDMENT REGULATIONS 2003 (NO. 1) 2003 NO. 354

Subsection 520(1) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides that the Governor-General may make regulations prescribing all matters required or permitted by that Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Environment and Heritage Legislation Amendment Act (No. 1) 2003 (the Amendment Act) received Royal Assent on 23 September 2003. Schedules 1 and 3 of that Act will commence on 1 January 2004.

The Amendment Act, in part, amends the Act to establish the Australian Government's new national heritage system. A number of new sections inserted in the Act provide for the making of regulations to give effect to the new heritage system.

The purpose of the Regulations is to give effect to the new provisions of the Act dealing with the nomination, assessment and management of National Heritage places and Commonwealth Heritage places.

The amendments:

•       provide for the nomination of a place to the National Heritage List on a form approved by the Minister;

•       prescribe criteria against which the natural, historic and Indigenous heritage values of places are to be assessed;

•       identify the publication requirements for matters relating to the nomination and management of National and Commonwealth Heritage places;

•       stipulate what is to be included in a heritage strategy and the matters that a report about a review of a heritage strategy must address; and

•       set out the components to be included in management plans, and the principles for managing National Heritage and Commonwealth Heritage places.

Details of the Regulations are attached.

The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.

Section 4 of the Acts Interpretation Act 1901 provides for the exercise of statutory powers between passing and commencement of the Act. Therefore, even though the provisions of the Act which the Regulations would give effect to have not yet commenced, the Regulations may be made as long as they are not expressed to commence prior to the commencement of the enabling legislation.

The Regulations commence on 1 January 2004.

Attachment

Details of the proposed Environment Protection and Biodiversity Conservation Amendment Regulations 2003 (No. 1)

Regulation 1 provides that the name of the Regulations is the Environment Protection and Biodiversity Conservation Amendment Regulations 2003 (No. 1).

Regulation 2 provides that the Regulations commence on 1 January 2004.

Regulation 3 provides that Schedule 1 amends the Environment Protection and Biodiversity Conservation Amendment Regulations 2000 (the EPBC Regulations)

Schedule 1 - Amendments

Item 1 substitutes a new Part 10 about Protected areas (other than Commonwealth reserves) in the EPBC Regulations. The new Part 10 maintains the existing regulations 10.01 to 10.04 under appropriate Division headings and inserts new Divisions relating to Managing National Heritage and Commonwealth Heritage places.

The item inserts a new `Division 1 Australian World Heritage properties' and retains existing Regulation 10.01 unamended.

The item inserts a new `Division 2 Managing National Heritage places'.

The item adds new regulation `10.01A National Heritage criteria' which prescribes the National Heritage criteria against which the natural, historic and indigenous heritage values of places are to be assessed.

The item adds new regulation `10.01B Nomination of places for National Heritage List' which prescribes certain requirements in relation to the manner and timing of nominations.

The item adds new regulation `10.01C Matters to be addressed in management plan for National Heritage place' which prescribes the components that must be included in management plans for a National heritage place as set out in Schedule 5A.

The item adds new regulation `10.01D Publication of notice about management plan for National Heritage places' which prescribes how the Minister must seek comments on a management plan in a published notice.

The item adds new regulation `10.01E National Heritage management principles' which prescribes general principles for the management of National Heritage places as set out in Schedule 5B.

The item inserts a new `Division 3 Managing wetlands of international importance' and retains existing Regulation 10.02 with a new heading `Australian Ramsar management principles'.

The item inserts a new `Division 4 Managing Biosphere reserves' and retains existing Regulation 10.03 unamended.

The item inserts a new `Division 5 Managing Commonwealth Heritage places'.

The item adds new regulation `10.03A Commonwealth Heritage criteria' which prescribes the Commonwealth Heritage criteria against which the natural, historic and indigenous heritage values of places are to be assessed.

The item adds new regulation `10.03B Matters to be addressed in management plan for Commonwealth Heritage place' which prescribes the components that must be included in management plans for a Commonwealth heritage place as set out in Schedule 7A.

The item adds new regulation `10.03C Publication of notice about management plan for Commonwealth Heritage places' which prescribes how the Minister must seek comments on a management plan in a published notice.

The item adds new regulation `10.03D Commonwealth Heritage management principles' which prescribes general principles for the management of Commonwealth Heritage places as set out in Schedule 7B.

The item adds new regulation `10.03E Heritage strategies' which prescribes the matters that each Commonwealth agency's heritage strategy must address as set out in Schedule 7C.

The item adds new regulation `10.03F Report about review of heritage strategy' which prescribes that matters that must be addressed in a review of a Commonwealth agency's heritage strategy.

The item adds new regulation `10.03G Heritage assessments and registers' which prescribes how a Commonwealth agency may identify heritage values in places that it owns or controls and what matters a register of such places must include.

The item inserts a new `Division 6 Australian IUCN reserves' and retains existing Regulation 10.04 unamended.

Item 2 inserts a new `Subdivision 16.2.1 Assessments and Approvals' before existing Regulation 16.03.

Item 3 inserts a new `Subdivision 16.2.2 National and Commonwealth' after existing Regulation 16.05.

The item adds new regulation '16.05A Publication Requirements' which identify the publication requirements for matters relating to the nomination and management of National and Commonwealth Heritage places.

Item 4 amends Schedule 2, clause 5.02 of the EPBC Regulations by inserting a new paragraph 5.02(aa). The new paragraph adds "the National Heritage values of a National Heritage place" to the existing matters of national environmental significance. Information on the nature and extent of any likely impacts of an action being referred under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) on the National Heritage values of a National Heritage place must be included in the information to be submitted as part of a referral.

Item 5 inserts new `Schedule 5A Management plans for National Heritage places' and `Schedule 5B National Heritage management principles' into the EPBC Regulations (see explanations under Regulations 10.01C and 10.01E above)

Item 6 inserts new Schedules 7A Management plans for Commonwealth Heritage places', `7B Commonwealth Heritage management principles' and `7C Heritage Strategies' into the EPBC Regulations (see explanations under Regulations 10.03B, 10.03D and 10.03E above).

Item 7 inserts a definition of Commonwealth Heritage place into the EPBC Regulations Dictionary and links it to the definition of this term in section 528 of the EPBC Act.

Item 8 inserts a definition of heritage value into the EPBC Regulations Dictionary and links it to the definition of this term in section 528 of the EPBC Act.

Item 9 inserts a definition of indigenous heritage value into the EPBC Regulations Dictionary and links it to the definition of this term in section 528 of the EPBC Act.

Item 10 inserts definitions of National Heritage list and National Heritage place into the EPBC Regulations Dictionary and links it to the definition of these terms in section 528 of the EPBC Act.