EXPLANATORY STATEMENT
Issued by Authority of the Director of the Australian War Memorial
Australian War Memorial Heritage Management Plan 2022
Environment Protection and Biodiversity Conservation Act 1999
Background
The Australian War Memorial (Memorial) opened on 11 November 1941 and combines a shrine, a world-class museum, and an extensive archive. The Memorial's purpose is to commemorate the sacrifice of those Australians who have died in war or on operational service and those who have served our nation in times of conflict. Its mission is leading remembrance and understanding of Australia’s wartime experience.
The Memorial's Campbell site, the National Memorial and Grounds, was added to the Commonwealth Heritage List in 2004 and the National Heritage List in 2006. The site has an area of about 14 hectares, including the whole of Section 39, Campbell, located at the foot of Mount Ainslie.
The Australian War Memorial Heritage Management Plan 2022 (Heritage Management Plan 2022) is designed to ensure the Memorial protects, manages and maintains its heritage values. The plan details the historical and cultural significance of the Memorial and outlines the strategies and procedures to ensure the preservation of the National and Commonwealth heritage values.
Legislative Authority
Subsection 341S(1) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides that a Commonwealth agency must make a written plan to protect and manage the Commonwealth Heritage values of a Commonwealth Heritage place it owns or controls. Subsection 341S(2) of the Act provides that the Commonwealth agency may, in writing, amend the plan or revoke and replace the plan.
In accordance with subsection 341S(2) of the Act, the Heritage Management Plan 2022 replaces previous heritage management plans prepared for the Australian War Memorial.
Operation
The Heritage Management Plan 2022 is a legislative instrument for the purposes of the Legislation Act 2003. The Heritage Management Plan 2022 commences on the day after it is registered on the Federal Register of Legislation.
In accordance with section 341X of the Act, a review must be carried out within five years of the Heritage Management Plan 2022 being made.
Purpose of Instrument
The purpose of the Heritage Management Plan 2022 is to provide for the future management of the Memorial with the objective of identifying, protecting, conserving, presenting and transmitting its Commonwealth heritage values.
The Heritage Management Plan 2022 contains a detailed description of the history and cultural significance of the Memorial as well as its physical elements and condition. It sets out the operational requirements for the management of the place with policies to guide the management and protection of its Commonwealth heritage values.
Consultation
In accordance with the Act, public comments were sought on the draft Heritage Management Plan 2022 via notices published in local and national newspapers and the Australian Government Gazette on 8 August 2019.
At the closing date, six submissions were received. The majority of feedback was in relation to the Memorial’s development project, and minor adjustments were made to ensure the plan has sufficient detail regarding the impact of the project on the site’s heritage values.
The draft Heritage Management Plan 2022 was reviewed by Department of Agriculture, Water and Environment and considered by the Australian Heritage Council (Council) in December 2021. The Council conditionally agreed that the plan was consistent with the Commonwealth heritage management principles and satisfied EPBC Act requirements, subject to some requested amendments.
The Council’s feedback was addressed, and the Minister’s delegate formally advised the Memorial in April 2022 that the Heritage Management Plan 2022 meets the requirements of the EPBC Act.
Documents Incorporated by Reference
The Heritage Management Plan 2022 incorporates The Burra Charter: the Australia ICOMOS Charter for Places of Cultural Significance 2013 (Burra Charter) by reference. The Burra Charter contains a set of principles, processes and guidelines for best practice in heritage conservation developed by Australian International Council on Monuments and Sites (ICOMOS) and based on international standards.
In accordance with paragraph 14(1)(b) and subsection 14(2) of the Legislation Act 2003, the Burra Charter is incorporated as it existed at the time of the making of the Heritage Management Plan 2022.
The Burra Charter is accessible at: https://australia.icomos.org/publications/burra-charter-practice-notes/
Regulatory Impact
The Office of Impact Analysis has advised that the Heritage Management Plan is unlikely to have a more than minor regulatory impact. As such, the preparation of an Impact Analysis (IA) is not required.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Australian War Memorial Heritage Management Plan 2022
This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Disallowable Legislative Instrument
The purpose of the Australian War Memorial Heritage Management Plan 2022 (Heritage Management Plan 2022) is to provide for the protection and / or management of the Australian War Memorial pursuant to section 341S of the Environment Protection and Biodiversity Conservation Act 1999. The Heritage Management Plan 2022 contains a detailed description of the history and cultural significance of the Australian War Memorial and its physical elements and condition. The Heritage Management Plan 2022 sets out the operational requirements for the management of the place with policies to guide the management and protection of its Commonwealth heritage values.
Human rights implications
This Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Matt Anderson
Director
Australian War Memorial
January 2023