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ENVIRONMENT AND HERITAGE LEGISLATION AMENDMENT ACT (NO. 1) 2003 - SCHEDULE 3

New listings of places in other lists

 

1A   Including World Heritage properties in National Heritage List

(1)   This item applies to a place consisting of a property that, at any time within 6 months after this item commences, is included in the World Heritage List after being submitted by the Commonwealth to the World Heritage Committee under Article 11 of the World Heritage Convention. It does not matter whether the property was first included in the List before, on or after the commencement of this item.

Place may be included in National Heritage List

(2)   The Minister may, by instrument published in the Gazette , include in the National Heritage List the place and the National Heritage values it has because of subitem   (3). To avoid doubt:

  (a)   all those values must be included in the List if the Minister includes the place in the List under this item; and

  (b)   this item does not prevent the Minister from including in the List at any time under the Environment Protection and Biodiversity Conservation Act 1999 :

  (i)   the place; and

  (ii)   a National Heritage value the place has because of subitem   (3) or otherwise.

World heritage values taken to cause place to meet National Heritage criteria

(3)   For the purposes of this item and the Environment Protection and Biodiversity Conservation Act 1999 , each world heritage value that the World Heritage Committee has identified the property as having is taken to cause the place to meet a National Heritage criterion.

Note:   This has the effect that, under subsection 324D(1) of the Environment Protection and Biodiversity Conservation Act 1999 , the place has a National Heritage value corresponding to that world heritage value. Under that subsection, the place will also have another National Heritage value if the place has a heritage value that causes the place to meet one of the National Heritage criteria apart from this item.

1   Places may be taken to be included in the Commonwealth Heritage List

(1)   In this item:

Register of the National Estate means the Register of the National Estate kept under the Australian Heritage Commission Act 1975 , including the Interim List kept under section   26 of that Act, as in force immediately before this item commences.

(2)   Within 6 months after this item commences, the Minister may determine that the Commonwealth Heritage List is taken to include a place if:

  (a)   the place:

  (ia)   is, or is part of, a place to which item   1A (about World Heritage properties) applies; or

  (i)   was included, immediately before this item commences, in the Register of the National Estate; or

  (ii)   is part of a place that was included, immediately before this item commences, in the Register of the National Estate; and

  (b)   the place is within a Commonwealth area; and

  (c)   the Minister is satisfied that the place has one or more Commonwealth Heritage values.

(3)   The Minister must ensure that the Commonwealth Heritage List specifies the Commonwealth Heritage value or values for each place that the Minister determines is taken to be included in the Commonwealth Heritage List.

(4)   A determination under subitem   (2) must be in writing and a copy of the determination must be published in the Gazette .




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