Emergency inclusion of a place in the National Heritage List - St Kilda Road and Environs

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (C2017G00187) was enacted to provide for the protection of the environment, particularly places of heritage significance, and to establish a framework for the conservation of biodiversity. The Act was introduced to address the need for a national approach to the protection of significant natural and cultural places, including heritage sites, endangered species, and threatened ecological communities. Under the authority of the Act, the Minister for the Environment and Energy, Josh Frydenberg, has included St Kilda Road and Environs in the National Heritage List, recognising the area's outstanding heritage value to the nation. The inclusion is based on the area's importance as a rare nineteenth and early twentieth-century parkland and garden precinct, its aesthetic characteristics valued by the community, and its significance as a war memorial. The policy objective behind this inclusion is to ensure the protection and conservation of places with significant national heritage values, safeguarding them for future generations.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to the St Kilda Road and Environs area, located in the state of Victoria, encompassing approximately 147 hectares. This Act, administered by the Commonwealth, provides a framework for the protection of the environment and biodiversity, including the identification and preservation of places with national heritage values. The Act applies to any actions that may impact the designated National Heritage area, requiring consideration of the potential environmental and heritage impacts of proposed activities. The inclusion of St Kilda Road and Environs in the National Heritage List is justified by the area's outstanding heritage value, its significance in Australia's natural and cultural history, and its importance in demonstrating the principal characteristics of a class of Australia's cultural places. The Act’s application is not restricted by specific thresholds but focuses on the potential for significant adverse impacts on the area’s heritage values. Any exclusions or exemptions would be defined through subordinate instruments, which can further specify the management and protection measures for the listed area.

Key Provisions

The main operative sections of this legislation, specifically section 324JL of the Environment Protection and Biodiversity Conservation Act 1999, permit the Minister for the Environment and Energy to include a place in the National Heritage List if it is believed that the place possesses national heritage values and those values are under threat of significant adverse impact that is both likely and imminent. In this instance, the Minister has exercised this power to include St Kilda Road and Environs in the National Heritage List due to its outstanding heritage value to the nation. The Schedule details the specific location and boundaries of the area, as well as the criteria and values that underpin its inclusion. The Act imposes several obligations and requirements on the parties or entities governed by it. Firstly, it requires the Minister to assess whether the place in question meets the criteria for inclusion in the National Heritage List. This involves determining if the place has national heritage values and whether those values are under threat of a significant adverse impact that is both likely and imminent. Secondly, the Act mandates that any activities or developments that may impact the listed place must be assessed for their potential to affect the place's heritage values. This is done through the Environmental Assessment and Approval process, which ensures that any proposed activities are evaluated for their potential impact on the heritage values of the place. There are potential civil and criminal consequences for breaches of the Act, including the imposition of fines and imprisonment. The maximum penalties for breaches of the Environment Protection and Biodiversity Conservation Act 1999 vary depending on the specific offence and the circumstances of the breach. For example, individuals who wilfully or recklessly damage or destroy a place listed on the National Heritage List may be subject to a fine of up to $66,000 or imprisonment for up to two years, or both. Similarly, corporations that breach the Act may be subject to fines of up to $330,000 or more, depending on the severity of the breach. These penalties are intended to deter individuals and corporations from engaging in activities that may harm the nation's heritage values and to promote the conservation and protection of Australia's natural and cultural heritage. In summary, the Environment Protection and Biodiversity Conservation Act 1999 provides the Minister for the Environment and Energy with the power to include places in the National Heritage List if they meet specific criteria and are under threat of significant adverse impact. The Act imposes obligations on the parties and entities it governs, including the requirement to assess the potential impact of activities on listed places and to comply with the Environmental Assessment and Approval process. Breaches of the Act may result in civil and criminal penalties, including fines and imprisonment, which serve to deter individuals and corporations from harming Australia's heritage values.