EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

Determination under section 324H

(Issued under the Authority of the Minister for the Environment, Heritage and the Arts)

Section 324C of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) requires the Minister to keep a written record of places and their heritage values, called the National Heritage List. Entries in the list may be made of places in the Australian jurisdiction that the Minister is satisfied have outstanding heritage value to the nation.

Section 324H of the Act provides for the Minister to determine one or more heritage themes that the Minister considers should be given priority in relation to an assessment period.  Subsection 324H(2) of the Act provides for the Minister to request advice from the Australian Heritage Council (the Council), and have regard to that advice when determining a heritage theme.

The purpose of this determination is to establish “A Free and Fair Australia” as the heritage theme to be given priority for the assessment period commencing 1 July 2009.  This theme reflects advice provided to the Minister by the Council, which considered that key messages associated with the theme include:

• Australia is one of the world’s oldest modern democracies.
• Australia has a robust and enduring democratic government with distinctive political and social institutions.
• The development and recognition of a distinctive Australian identity is characterised by the iconic egalitarian concepts of fair go and mateship.
• Australian democracy acknowledges diverse cultural, political and religious perspectives, and past struggles and victories for fairer conditions and equality.
• Australian democracy reflects core beliefs that Australians stand together, are committed to others, and rely on each other in difficult conditions or adversity.

Wider consultation was not undertaken in relation to the determination of this theme as the determination is considered to be of a machinery nature having no impact on private interests.

Subsection 324H(3) of the Act provides that a determination under section 324H(1) of the Act is a legislative instrument, but section 42 of the Legislative Instruments Act 2003, which provides for disallowance by either House of Parliament, does not apply to the determination.

The determination commenced on the day after it was registered on the Federal Register of Legislative Instruments.