The Commonwealth has introduced new legislation to give effect to a new heritage management regime. The amended Environment Protection and Biodiversity Conservation Act 1999 (EPBC) will now ensure the identification, conservation and protection of Australia's unique heritage assets at a National level.
Defence has lead the Commonwealth by establishing new arrangements that give effect to the Government's heritage agenda, whilst at the same time take account of the special needs of the Defence portfolio. Our focus is to balance heritage outcomes with economic, capability and operational factors.
What's New about the EPBC Act ?
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Ceremony at HMAS Creswell. © Defence
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The EPBC Act protects heritage values on Commonwealth land. It lays down the rules and procedures that all Commonwealth agencies must follow to manage and protect heritage values on land they own, care for, affect or control. All properties with heritage values owned and managed by Defence must now be managed in accordance with the EPBC Act.
Defence has always valued its special heritage places, but this new cooperative and transparent system is more pro-active and strategically focused than the previous system for managing Australia's heritage. It means that Defence, and all Commonwealth agencies, now have to identify the heritage values of all their assets and consider heritage in plans for operational change and expansion, and in their strategic planning.
How Does the EPBC Act Protect Heritage?
1. Heritage Lists
The first step in protecting heritage is identifying it! This is the purpose of Heritage Lists. There are three kinds of lists in the new Commonwealth heritage regime and a very important heritage place may be included on all three lists:
The Register of the National Estate
The Register of the National Estate (RNE) has existed since 1974 so it is a very important source of information about Australia's heritage. It continues to exist under the Australian Heritage Council Act 2003. Places listed on the Register that are on Commonwealth land, and places on the RNE that may be affected by Commonwealth actions, are covered by certain referral and approval requirements (Section 26 to 28 inclusive) of the EPBC Act. In making decisions under the EPBC Act, the Minister for the Environment and Heritage is required to consider the RNE.
The Commonwealth Heritage List
The EPBC Act establishes two new heritage lists: the National Heritage List (NHL) and the Commonwealth Heritage List (CHL). The CHL includes places which possess 'Commonwealth heritage values' and which are managed or owned by the Commonwealth. The CHL is still being added to. Around 118 Defence properties are now included on the CHL. The EPBC Act requires that all CHL places are managed in accordance with a management plan. Defence aims to have management plans for all its CHL places by 2010.
The National Heritage List
The NHL lists places of outstanding national significance. It is possible that a small number of Defence properties may be nominated for inclusion in the NHL in the future.
2. Controlling significant impacts on heritage values
The second way the EPBC Act protects heritage is through setting out a process to control significant impacts on heritage values. The process is reasonably complex because it aims to be comprehensive - here are the most important steps:
1.The EPBC Act requires that any actions that are likely to have a significant impact on heritage values should be minimised or avoided (S341ZC).
2. If it is difficult to establish how this might be done and if the place is on the CHL the Minister's advice can be requested (S341ZD).
3. If a significant impact on heritage values cannot be minimised or avoided the proposal must be referred to the Minister for Environment and Heritage (S28). The Minister then decides whether the proposal is 'controlled action', which is an action that requires the minister's consent. If the proposal is 'controlled action' the minister may request further assessments to be prepared.
Controlled actions might include such things as the modification of a heritage building or the subdivision of a heritage property. It might also include disposal of a heritage property (see Guide 11 of the Defence Heritage Toolkit)
A controlled action can only be undertaken after approval from the Minister for the Environment and Heritage has been obtained. Approval will only be given by the Minister where he or she has made a full assessment of the likely impacts of the proposed action and has determined that no significant impact will occur.
This process applies to all places with heritage values, not just those on the CHL or NHL. This is because the EPBC Act defines heritage as a part of the 'environment'.
Where can I refer to the legislation?
For an overview of the heritage laws, click on the link that takes you to the Department of Environment and Heritage's web site.
Further information is available through the Department of Environment and Heritage's fact sheets
The National Environmental Legal Register (Intranet users only) contains a complete database of region specific Commonwealth, State and Local Government environment and heritage authorities and related legislation.
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