Explanatory Statement
Issued by the authority of the Minister for the Environment and Water
Environment Protection and Biodiversity Conservation Act 1999
Environment Protection and Biodiversity Conservation (Heritage Theme for 2026-2027) Determination 2026
Legislative Authority
Subsection 324H(1) of the Environment Protection and Biodiversity Conservation Act 1999 (Act) provides that the Minister may determine one or more heritage themes that the Minister considers should be given priority in relation to the assessment period.
A determination under subsection 324H(1) is a legislative instrument and must be made before the Minister invites nominations for an assessment period under section 324J of the Act.
Purpose
The purpose of the Environment Protection and Biodiversity Conservation (Heritage Theme for 2026-2027) Determination 2026 (Determination) is to set the following heritage theme for the assessment period commencing on 1 July 2026:
Places and related stories that have made a fairer, more inclusive Australia.
The heritage theme should be given priority in relation to the assessment period commencing on 1 July 2026.
Background
Before the start of each National Heritage List (the List) assessment period, the Minister must publish a notice inviting people to nominate places for inclusion in the List under section 324J of the Act. The upcoming assessment period is 1 July 2026 – 30 June 2027. A notice under section 324J may include information related to any heritage themes that the Minister has determined under section 324H should be given priority in relation to the assessment period.
After the Minister gives nominations to the Australian Heritage Council (the Council) under section 324JA of the Act, the Council must prepare and give to the Minister a proposed priority assessment list for the assessment period under section 324JB of the Act, having regard to various matters including the heritage theme.
This theme seeks to identify places of outstanding heritage value to the nation where Australians have advanced a fairer and more inclusive society. These places may demonstrate where rights were secured, voices amplified, and understanding what it means to belong. Recognising these sites acknowledges complex aspects of Australia’s past, honours those who drove change, and supports a deeper understanding of the nation’s ongoing journey toward inclusion and fairness.
Consultation
As the Minister responsible for the National Heritage List, the Minister consulted with the Australian Heritage Council about the upcoming assessment period and the development of the theme. Of relevance to the theme determined for the assessment commencing 1 July 2026, is the Council’s representations on finding better ways to celebrate, recognise and protect Australia's rich heritage and ensure the National Heritage List is representative of all Australians. Given this consultation on the broader theme, it was not considered necessary to consult on the text of the Determination itself.
Details/ Operation
Details of the Determination are set out in Attachment A.
Subsection 324H(3) of the Act provides that a determination under subsection 324H(1) is a legislative instrument but is exempt from disallowance, as section 42 of the Legislation Act 2003 (Legislation Act) does not apply to it.
As the Determination is not subject to disallowance, paragraph 15J(2)(f) of the Legislation Act provides that a Statement of Compatibility with Human Rights is not required.
Authority: section 324H of the Environment Protection and Biodiversity Conservation Act 1999.
Attachment A
Details of the Environment Protection and Biodiversity Conservation (Heritage Theme for 2026-2027) Determination 2026
Section 1 – Name
This section provides that the name of the instrument is the Environment Protection and Biodiversity Conservation (Heritage Theme for 2026-2027) Determination 2026 (Determination).
Section 2 – Commencement
This section provides for the Determination to commence as soon as it is made by the Minister.
This is in accordance with subsection 12(1A) of the Legislation Act 2003. The Determination is administrative in nature and does not affect a person’s rights so as to disadvantage the person or impose liabilities on a person.
Section 3 – Authority
This section provides that the Determination is made under section 324H of the Environment Protection and Biodiversity Conservation Act 1999.
Section 4 – Definitions
This section provides for definitions used in the Determination.
Section 5 – Heritage themes—2026-2027
This section provides that the heritage theme for the assessment period beginning on 1 July 2026 is the following: Places and related stories that have made a fairer, more inclusive Australia.
Section 6 – Repeals
This section provides that the Priority Heritage Theme for Nominations for Assessment for the National Heritage List (Assessment Period commencing 1 July 2021) Determination 2020 is repealed.