AMENDMENT TO
Periodic Gazette No. P5, Thursday, 15 July 2004.
On 15 July 2004 the Minister for the Environment and Heritage published a determination concerning among other matters the inclusion of two places in the Commonwealth Heritage List: Scott Reef and Surrounds - Commonwealth Area, and Seringapatam Reef and Surrounds.
The two places were either fully or partially ineligible for inclusion as they were not Commonwealth Places either fully or in part.
This notice corrects the original schedule of the notice in relation to these places
Environment and Heritage Legislation Amendment Act (No.1) 2003
DETERMINATION CONCERNING THE ENTRY OF
REGISTER OF THE NATIONAL ESTATE PLACES IN
THE COMMONWEALTH HERITAGE LIST
I, David Alistair Kemp, Minister for the Environment and Heritage, having found that the places listed in the Schedule of this determination (“the places”) -
(a) were included in, or were part of a place that was included in, immediately before 1 January 2004, in 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;
(b) are within a Commonwealth area; and
being satisfied that the places each have one or more Commonwealth Heritage values determine, pursuant to Schedule 3, item (1), subitem (2) of the Environment and Heritage Legislation Amendment Act (No.1) 2003, that the Commonwealth Heritage List is taken to include the places.
Dated this 22nd day of June 2004
David Alistair Kemp
Minister for the Environment
and Heritage
COMMONWEALTH HERITAGE LIST SCHEDULE
INDIAN OCEAN TERRITORY
Delete:
Scott Reef and Surrounds - Commonwealth Area:
About 27590ha, 390 km north-north-east of Derby, comprising the emergent reef, the partially enclosed lagoons and the surrounding oceanic waters extending to the 50m BSL bathymetric contour of South and North Scott Reef, but excluding those areas that are part of Western Australia or within Western Australian Coastal Waters.
And replace with:
Scott Reef and Surrounds - Commonwealth Area:
Approximately 7710ha, 400km NNW of Derby, comprising the Commonwealth Marine Area wholly within the Western Australian Coastal Waters surrounding North and South Scott Reef.
Delete:
Seringapatam Reef and Surrounds:
About 6200ha, 440km north-north-west of Derby, comprising the emergent reef, the enclosed lagoon and the surrounding oceanic waters extending to the 50m BSL bathymetric contour.
Overview
The Environment and Heritage Legislation Amendment Act (No.1) 2003 was enacted to provide for the protection of Australia's cultural and natural heritage, among other purposes. One of the critical aspects of this Act was the establishment and management of the Commonwealth Heritage List, which includes places of heritage significance that are owned or managed by the Commonwealth. On 15 July 2004, the Minister for the Environment and Heritage, David Alistair Kemp, issued an amendment to Periodic Gazette No. P5 to correct the original schedule of the notice regarding the inclusion of Scott Reef and Surrounds - Commonwealth Area, and Seringapatam Reef and Surrounds in the Commonwealth Heritage List. These places were found to be ineligible for inclusion due to their status as Commonwealth Places. The objective of this amendment was to ensure that only eligible places are included in the Commonwealth Heritage List, thereby preserving the integrity of the heritage protection framework.
Scope and Application
The determination made by the Minister for the Environment and Heritage on 15 July 2004, under the Environment and Heritage Legislation Amendment Act (No.1) 2003, corrects the inclusion of Scott Reef and Surrounds - Commonwealth Area, and Seringapatam Reef and Surrounds in the Commonwealth Heritage List. The determination applies to the specified areas within the Indian Ocean Territory, which include the emergent reefs, lagoons, and surrounding waters of Scott Reef and Seringapatam Reef, and it is intended to accurately reflect their eligibility as Commonwealth Heritage Places. This correction ensures that these areas are properly acknowledged for their Commonwealth Heritage values, and it rectifies the previous oversight where they were either fully or partially ineligible due to their misclassification. The determination clarifies the geographic boundaries of these places, ensuring they are correctly delineated within the Commonwealth Marine Area and Western Australian Coastal Waters.
Key Provisions
The main operative sections of this legislation concern the correction of the original schedule regarding the inclusion of two places in the Commonwealth Heritage List. Specifically, sections (a) and (b) of the determination address the eligibility of Scott Reef and Seringapatam Reef, ensuring that they meet the criteria of being within a Commonwealth area and possessing Commonwealth Heritage values. As per the determination, Scott Reef and its surrounds are now correctly identified as approximately 7,710 hectares, situated 400 km northwest of Derby, fully within the Western Australian Coastal Waters. Similarly, the area of Seringapatam Reef and its surrounds has been removed from the list due to its ineligibility for inclusion under the current criteria.
The Act imposes obligations on the Minister for the Environment and Heritage to ensure that only places meeting specific criteria are included in the Commonwealth Heritage List. This includes verifying that the places in question are within a Commonwealth area and possess significant Commonwealth Heritage values. The Minister must also ensure that the corrected schedule accurately reflects the eligible areas, which is evidenced by the deletion and replacement of the original descriptions for Scott Reef and the exclusion of Seringapatam Reef.
In terms of consequences for breach, while the legislation does not explicitly state penalties for non-compliance, any failure to adhere to the criteria for inclusion in the Commonwealth Heritage List could potentially lead to legal challenges or administrative reviews. Such breaches might also result in reputational damage for the Minister and the government, as well as a requirement to correct the register to accurately reflect the eligible heritage sites. This underscores the importance of precision and adherence to the criteria outlined in the Act.