Environment Protection and Biodiversity Conservation Act 1999
Sections and provisions with full text and the judgments that cite each one.
Section 338 — Planning for management of Biosphere reserves
(1) The Minister may make and implement a written plan for managing a Biosphere reserve, or a part of a Biosphere reserve, entirely within one or more Commonwealth areas. The plan must not be…
Section 339 — Commonwealth activities in Biosphere reserves
The Commonwealth and each Commonwealth agency must take all reasonable steps to ensure that it exercises its powers and performs its functions in relation to a Biosphere reserve in a way that is not…
Section 340 — Australian Biosphere reserve management principles
(1) The regulations must prescribe principles for the management of Biosphere reserves. The principles prescribed are the Australian Biosphere reserve management principles. (2) Before the…
Section 341 — Commonwealth assistance for protecting Biosphere reserves
(1) The Commonwealth may give financial or other assistance for the protection or conservation of a Biosphere reserve to: (a) a State or self-governing Territory in which the reserve or part of the…
Section 341A — Simplified outline of this Division
The following is a simplified outline of this Division: The Minister may only include a place in the Commonwealth Heritage List if the place is in a Commonwealth area, or is owned or leased by the…
Section 341JA — Australian Heritage Council to prepare proposed priority assessment list
(1) Within 40 business days after the Australian Heritage Council receives the nominations as required by subsection 341J(1) in relation to an assessment period, the Council must prepare and give to…
Section 341ZA — Heritage strategies
(1) If a Commonwealth agency owns or controls one or more places, the agency must: (a) prepare a written heritage strategy for managing the places to protect and conserve their Commonwealth Heritage…
Section 341B — Extension to places etc. outside the Australian jurisdiction
This Division extends to places, acts and omissions outside the Australian jurisdiction, except so far as the contrary intention appears.
Section 341JB — Matters to be included in proposed priority assessment list
(1) The proposed priority assessment list for an assessment period is to include, for each place in the list: (a) a description of the place; and (b) an assessment completion time; and (c) any other…
Section 341ZB — Heritage assessments and registers
(1) A Commonwealth agency must do all of the following within the period mentioned in its heritage strategy: (a) conduct a program to identify Commonwealth Heritage values for each place it owns or…
Section 341C — The Commonwealth Heritage List
(1) The Minister must keep a written record of places and their heritage values in accordance with this Subdivision and Subdivisions BA, BB and BC. The record is called the Commonwealth Heritage…
Section 341JC — 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 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…
Section 341D — Meaning of Commonwealth Heritage values
(1) A place has a Commonwealth Heritage value if and only if the place meets one of the criteria (the Commonwealth Heritage criteria) prescribed by the regulations for the purposes of this section.…
Section 341JD — The finalised priority assessment list
(1) Within 20 business days after the Minister, under section 341JA, receives the proposed priority assessment list for an assessment period, the Minister may, in writing, make changes to the list as…
Section 341E — 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 Commonwealth Heritage List. The usual process involves an…
Section 341JE — 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 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…
Section 341F — Definitions
In this Subdivision: assessment period has the meaning given by subsection 341G(1). eligible for assessment consideration, in relation to an assessment period, has the meaning given by subsection…
Section 341JF — 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 341G — 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 341JG — 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 341JH): (a) make a…
Section 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…
Section 341H — 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 Commonwealth Heritage List. Note: For which places can be…
Section 341JH — Time by which assessments to be provided to Minister
(1) Subsection 341JG(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 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…
Section 341JI — Decision about inclusion of a place in the Commonwealth Heritage List
Minister to decide whether or not to include place (1) After receiving from the Australian Heritage Council an assessment under section 341JG whether a place (the assessed place) meets any of the…
Section 341J — Minister to give nominations to Australian Heritage Council
Nominations in relation to first assessment period (1) Within 30 business days after the cut-off date specified in the notice under subsection 341H(1) for the first assessment period, the Minister…
Section 341JJ — 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 Commonwealth Heritage List. The emergency process…
Section 341JK — Minister may include place in Commonwealth Heritage List if under threat
(1) If the Minister believes: (a) a place has or may have one or more Commonwealth Heritage values; and (b) any of those values is under threat of a significant adverse impact; and (c) that threat is…
Section 341K — 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 341JL — Minister to ask Australian Heritage Council for assessment
(1) If the Minister includes a place in the Commonwealth Heritage List under section 341JK, the Minister must, in writing, request the Australian Heritage Council to give the Minister an assessment…
Section 341L — Removal of places or Commonwealth Heritage values from the Commonwealth Heritage List
(1) The Minister must remove all or part of a place from the Commonwealth Heritage List as soon as practicable after the Minister becomes aware that: (a) the place or part is no longer in a…
Section 341JM — Publication of listing of place and inviting comments
(1) If the Australian Heritage Council receives a request under subsection 341JL(1) in relation to a place that has been included in the Commonwealth Heritage List, the Council must publish a notice…
Section 341M — Minister must consider advice of the Australian Heritage Council and public comments
(1) Before the Minister removes from the Commonwealth Heritage List under section 341L all or part of a place or one or more of a place’s Commonwealth Heritage values in a removal for loss of value,…
Section 341JN — Australian Heritage Council to assess place and give assessment to Minister
(1) Section 341JG applies in relation to a request under subsection 341JL(1) as if: (a) a reference in section 341JG to a place included in the finalised priority assessment list for an assessment…
Section 341N — Specifying one or more additional Commonwealth Heritage values for a Commonwealth Heritage place
(1) The regulations may make provision for, or in relation to, the specification in the Commonwealth Heritage List of additional Commonwealth Heritage values in relation to Commonwealth Heritage…
Section 341JO — Time by which assessments to be provided to Minister
(1) Section 341JH applies in relation to a request under subsection 341JL(1) as if: (a) a reference in section 341JH to a place included in the finalised priority assessment list for an assessment…
Section 341JP — Decision about place remaining in the Commonwealth Heritage List
Minister to decide whether place should remain listed (1) Within 12 months after the inclusion of a place in the Commonwealth Heritage List under section 341JK, the Minister must, by instrument…
Section 341P — Commonwealth Heritage List must be publicly available
The Minister must ensure that: (a) up-to-date copies of the Commonwealth Heritage List are available for free to the public on request; and (b) an up-to-date copy of the Commonwealth Heritage List is…
Section 341JQ — 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 341Q — 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 341JR — 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 341R — 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 341S — Management plans for Commonwealth Heritage places
(1) A Commonwealth agency must make a written plan to protect and manage the Commonwealth Heritage values of a Commonwealth Heritage place it owns or controls. The agency must do so within the period…
Section 341T — Endorsing management plans for Commonwealth Heritage places
(1) A Commonwealth agency that makes a plan for managing a Commonwealth Heritage place may ask the Minister to endorse the plan. If the Commonwealth agency does so, it must give the Minister a copy…
Section 341U — Restriction on ability to make plans
Despite section 341S, a Commonwealth agency must not make a plan for managing so much of a Commonwealth Heritage place as is in a Commonwealth reserve and covered by another plan under this Act.
Section 341V — 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 341S; or (b) authorise another person to do, or omit to do, anything that, if it were done or omitted…
Section 341W — Multiple plans in the same document
To avoid doubt, a plan for managing a Commonwealth Heritage place may be in the same document as: (a) one or more other plans for managing Commonwealth Heritage places; or (b) one or more other plans…
Section 341X — Review of plans at least every 5 years
(1) At least once in every 5 year period after a plan for managing a Commonwealth Heritage place is made under section 341S, the Commonwealth agency concerned must cause a review of the plan to be…