Environment Protection and Biodiversity Conservation Act 1999
Sections and provisions with full text and the judgments that cite each one.
Section 324D — Meaning of National Heritage values
(1) A place has a National Heritage value if and only if the place meets one of the criteria (the National Heritage criteria) prescribed by the regulations for the purposes of this section. The…
Section 324JD — Statement to be given to Minister with proposed priority assessment list
(1) When the Australian Heritage Council gives the Minister the priority assessment list for an assessment period, the Council must also give the Minister a statement setting out such information as…
Section 324E — Simplified outline
The following is a simplified outline of this Subdivision: This Subdivision sets out the usual process for the inclusion of places in the National Heritage List. The usual process involves an annual…
Section 324JE — The finalised priority assessment list
(1) Within 20 business days after the Minister, under section 324JB, receives the proposed priority assessment list for an assessment period, the Minister may, in writing, make changes to the list as…
Section 324F — Definitions
In this Subdivision: assessment period has the meaning given by subsection 324G(1). eligible for assessment consideration, in relation to an assessment period, has the meaning given by subsection…
Section 324JF — Publication of finalised priority assessment list
(1) The Australian Heritage Council must publish the finalised priority assessment list for an assessment period on the internet. (2) The Australian Heritage Council must also publish the finalised…
Section 324G — Meaning of assessment period
(1) For the purposes of this Subdivision, each of the following is an assessment period: (a) the period of 12 months starting on the day determined in writing by the Minister for the purposes of this…
Section 324JG — Australian Heritage Council to invite comments on places in finalised priority assessment list
(1) In relation to each place included in the finalised priority assessment list for an assessment period, the Australian Heritage Council must publish a notice inviting people to make comments on…
Section 324H — Minister may determine heritage themes for an assessment period
(1) Before the Minister invites nominations for an assessment period under section 324J, the Minister may determine one or more heritage themes that the Minister considers should be given priority in…
Section 324JH — Australian Heritage Council to assess places on finalised priority assessment list and give assessments to Minister
(1) In relation to each place included in the finalised priority assessment list for an assessment period, the Australian Heritage Council must (by the time required by section 324JI): (a) make a…
Section 324JI — Time by which assessments to be provided to Minister
(1) Subsection 324JH(1) must be complied with, in relation to a place included in the finalised priority assessment list for an assessment period, by the assessment completion time specified in the…
Section 324J — Minister to invite nominations for each assessment period
(1) Before the start of each assessment period, the Minister must publish a notice inviting people to nominate places for inclusion in the National Heritage List. (2) A notice under subsection (1):…
Section 324JJ — Decision about inclusion of a place in the National Heritage List
Minister to decide whether or not to include place (1) After receiving from the Australian Heritage Council an assessment under section 324JH whether a place (the assessed place) meets any of the…
Section 324JK — Simplified outline
The following is a simplified outline of this Subdivision: This Subdivision sets out the emergency process for the inclusion of places in the National Heritage List. The emergency process involves…
Section 324K — Listing process not affected by changing boundaries of a place
(1) This section is about compliance with a provision of Subdivision BA or BB that requires or permits an act to be done in relation to the place identified by express or implied reference to an…
Section 324JL — Minister may include place in National Heritage List if under threat
(1) If the Minister believes that: (a) a place has or may have one or more National Heritage values; and (b) any of those values is under threat of a significant adverse impact; and (c) that threat…
Section 324L — Removal of places or National Heritage values from the National Heritage List
(1) The Minister may remove all or part of a place from the National Heritage List only if the Minister is satisfied that: (a) ignoring subsection 324D(2), the place no longer has any National…
Section 324JM — Minister to ask Australian Heritage Council for assessment
(1) If the Minister includes a place in the National Heritage List under section 324JL, the Minister must, in writing, request the Australian Heritage Council to give the Minister an assessment of…
Section 324M — Minister must consider advice of the Australian Heritage Council and public comments
(1) Before the Minister removes from the National Heritage List under section 324L all or part of a place or one or more of a place’s National Heritage values in a removal for loss of value, the…
Section 324JN — Publication of listing of place and inviting comments
(1) If the Australian Heritage Council receives a request under subsection 324JM(1) in relation to a place that has been included in the National Heritage List, the Council must publish a notice…
Section 324N — Specifying one or more additional National Heritage values for a National Heritage place
(1) The regulations may make provision for, or in relation to, the specification in the National Heritage List of additional National Heritage values in relation to National Heritage places. (2)…
Section 324JO — Australian Heritage Council to assess place and give assessment to Minister
(1) Section 324JH applies in relation to a request under subsection 324JM(1) as if: (a) a reference in section 324JH to a place included in the finalised priority assessment list for an assessment…
Section 324JP — Time by which assessments to be provided to Minister
(1) Section 324JI applies in relation to a request under subsection 324JM(1) as if: (a) a reference in section 324JI to a place included in the finalised priority assessment list for an assessment…
Section 324P — National Heritage List must be publicly available
The Minister must ensure that: (a) up-to-date copies of the National Heritage List are available for free to the public on request; and (b) an up-to-date copy of the National Heritage List is…
Section 324JQ — Decision about place remaining in the National Heritage List
Minister to decide whether place should remain listed (1) Within 12 months after the inclusion of a place in the National Heritage List under section 324JL, the Minister must, by instrument published…
Section 324Q — 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…
Section 324JR — Co-ordination with Scientific Committee—Council undertaking assessment
(1) This section applies if: (a) the Australian Heritage Council undertakes an assessment of a place under Subdivision BA or Subdivision BB; and (b) before giving the assessment to the Minister, the…
Section 324R — 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…
Section 324JS — Co-ordination with Scientific Committee—Council given assessment to Minister
(1) This section applies if: (a) the Australian Heritage Council has given to the Minister an assessment of a place under Subdivision BA or Subdivision BB; and (b) the Council is aware that: (i) the…
Section 324S — Management plans for National Heritage places in Commonwealth areas
(1) The Minister must make a written plan to protect and manage the National Heritage values of each National Heritage place that is entirely within one or more Commonwealth areas. The Minister must…
Section 324T — Restriction on ability to make plans
Despite section 324S, the Minister must not make a plan for managing so much of a National Heritage place as is in a Commonwealth reserve and covered by another plan under this Act.
Section 324U — 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 324S; or (b) authorise another person to do, or omit to do, anything that, if it were done or omitted…
Section 324V — Multiple plans in the same document
To avoid doubt, a plan for managing a National Heritage place may be in the same document as: (a) one or more other plans for managing National Heritage places; or (b) one or more other plans that…
Section 324W — Review of plans at least every 5 years
(1) At least once in every 5 year period after a plan for managing a National Heritage place is made under section 324S, the Minister must cause a review of the plan to be carried out. (2) The review…
Section 324X — Plans and Commonwealth responsibilities
(1) This section applies to a National Heritage place that is not entirely within one or more Commonwealth areas and is: (a) in a State; or (b) in a self-governing Territory; or (c) on, over or under…
Section 324Y — National Heritage management principles
(1) The regulations must prescribe principles for managing National Heritage places. The principles prescribed are the National Heritage management principles. (2) The regulations may prescribe…
Section 324Z — Obligation to assist the Minister and the Australian Heritage Council
(1) A Commonwealth agency that owns or controls a place that has, or might have, one or more National Heritage values must take all reasonable steps to assist the Minister and the Australian Heritage…
Section 325 — Simplified outline of this Division
The following is a simplified outline of this Division: The Commonwealth may designate a wetland for inclusion in the List of Wetlands of International Importance kept under the Ramsar Convention…
Section 326 — Commonwealth must seek agreement before designation
(1) The Commonwealth may designate for inclusion in the List of Wetlands of International Importance kept under the Ramsar Convention a wetland containing an area owned or occupied by another person…
Section 327 — Minister must give notice of designation of wetland etc.
(1) The Minister must give notice in the Gazette and in the way (if any) prescribed by the regulations of any of the following events as soon as practicable after the event occurs: (a) the…
Section 328 — Making plans
Minister must make plan (1) The Minister must make a written plan for managing a wetland that is included in the List of Wetlands of International Importance kept under the Ramsar Convention and is…
Section 329 — Notice of plans
The Minister must give notice of the making of a plan under section 328, in accordance with the regulations.
Section 330 — Commonwealth compliance with plans
(1) The Commonwealth or a Commonwealth agency must not: (a) contravene a plan made under section 328; or (b) authorise another person to do, or omit to do, anything that, if it were done or omitted…
Section 331 — Review of plans every 5 years
(1) The Minister must cause a review of a plan made under section 328 to be carried out at least once in each period of 5 years after the plan is made. (2) The review must consider whether the plan…
Section 332 — Application
This Subdivision applies in relation to a wetland that: (a) is: (i) in a State; or (ii) in a self-governing Territory; or (iii) on, over or under the seabed vested in a State by the Coastal Waters…
Section 333 — Co-operating to prepare and implement plans
(1) This section applies in relation to a wetland that is included in the List of Wetlands of International Importance kept under the Ramsar Convention. (2) The Commonwealth must use its best…
Section 334 — Commonwealth responsibilities
(1) This section applies in relation to a wetland that is a declared Ramsar wetland. (2) The Commonwealth and each Commonwealth agency must take all reasonable steps to ensure it exercises its powers…
Section 335 — Australian Ramsar management principles
(1) The regulations must prescribe principles for the management of wetlands included in the List of Wetlands of International Importance kept under the Ramsar Convention. The principles prescribed…
Section 336 — Commonwealth assistance for protecting declared Ramsar wetlands
(1) The Commonwealth may give financial or other assistance for the protection or conservation of a declared Ramsar wetland to: (a) a State or self-governing Territory in which the wetland occurs; or…
Section 337 — Definition of Biosphere reserve
A Biosphere reserve is an area designated for inclusion in the World Network of Biosphere Reserves by the International Co-ordinating Council of the Man and the Biosphere program of the United…