Commonwealth Consolidated Acts

ENVIRONMENT AND HERITAGE LEGISLATION AMENDMENT ACT (NO. 1) 2003 - SCHEDULE 2

Environment Protection and Biodiversity Conservation Act 1999

1   After subsection 324G(4)

Insert:

  (4A)   If, in making an assessment, the Australian Heritage Council considers that the place might have indigenous heritage value, it must:

  (a)   ask the Director of Indigenous Heritage Protection to provide written advice on the place's indigenous heritage value:

  (i)   within 40 business days if the Minister requested the assessment under section   324E or this section ; or

  (ii)   within 20 business days if the Minister requested the assessment under section   324F (emergency listing); or

  (iii)   within a reasonable period if the Council is making the assessment under this section on the Council's own initiative; and

  (b)   if the Director provides the advice on time--consider the advice and give a copy of it to the Minister with the assessment.

Note:   This item will only commence after the commencement of section   9 of the Act that establishes the Director of Indigenous Heritage Protection (see section   2 of this Act).

2   After paragraph 324J(8)(b)

Insert:

  (ba)   the advice (if any) of the Director of Indigenous Heritage Protection, a copy of which was given to the Minister by the Council under paragraph 324G(4A)(b) with the assessment; and

Note:   This item will only commence after the commencement of section   9 of the Act that establishes the Director of Indigenous Heritage Protection (see section   2 of this Act).

3   After subsection 341G(4)

Insert:

  (4A)   If, in making an assessment, the Australian Heritage Council considers that the place might have indigenous heritage value, it must:

  (a)   ask the Director of Indigenous Heritage Protection to provide written advice on the place's indigenous heritage value:

  (i)   within 40 business days if the Minister requested the assessment under section   341E or this section ; or

  (ii)   within 20 business days if the Minister requested the assessment under section   341F (emergency listing); or

  (iii)   within a reasonable period if the Council is making the assessment under this section on the Council's own initiative; and

  (b)   if the Director provides the advice on time--consider the advice and give a copy of it to the Minister with the assessment.

Note:   This item will only commence after the commencement of section   9 of the Act that establishes the Director of Indigenous Heritage Protection (see section   2 of this Act).

4   After paragraph 341J(8)(b)

Insert:

  (ba)   the advice (if any) of the Director of Indigenous Heritage Protection, a copy of which was given to the Minister by the Council under paragraph 341G(4A)(b) with the assessment; and

Note:   This item will only commence after the commencement of section   9 of the Act that establishes the Director of Indigenous Heritage Protection (see section   2 of this Act).