Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 341JK

  (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 both likely and imminent;

the Minister may, by instrument published in the Gazette , include in the Commonwealth Heritage List the place and the Commonwealth Heritage values the Minister believes the place has or may have.

Note:   For which places can be included in the Commonwealth Heritage List, see subsection   341C(2).

  (2)   If:

  (a)   the place is included in the Commonwealth Heritage List under subsection   (1); and

  (b)   before that inclusion of the place, the place was being considered for inclusion in the List under the process set out in Subdivision   BA;

that process ceases to apply to the place when it is included in the List under subsection   (1).

Note:   Subsection   (2) does not prevent the process in Subdivision   BA again starting to apply to the place if (for example) the place ceases to be listed because of subsection   341JP(1) or (4) and a person subsequently nominates the place under that Subdivision.

  (3)   If the place is included in the Commonwealth Heritage List under subsection   (1), the Minister must:

  (a)   in any case--within 10 business days after the inclusion of the place, publish a copy of the instrument under subsection   (1):

  (i)   on the internet; and

  (ii)   in accordance with any other requirements specified in the regulations; and

  (b)   if the place is within the Australian jurisdiction--take all practicable steps to:

  (i)   identify each person who is an owner or occupier of all or part of the place; and

  (ii)   advise each person identified that the place has been included in the Commonwealth Heritage List.

  (4)   If the Minister is satisfied that there are likely to be at least 50 persons referred to in subparagraph   (3)(b)(i), the Minister may satisfy the requirements of paragraph   (3)(b) in relation to those persons by including the advice referred to in that paragraph in one or more of the following:

  (a)   advertisements in a newspaper, or newspapers, circulating in the area in which the place is located;

  (b)   letters addressed to "The owner or occupier" and left at all the premises that are wholly or partly within the place;

  (c)   displays in public buildings at or near the place.